Dana Point Municipal Code Ch. 8.40 Reasonable Accommodation

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(Added by Ord. 07-09, 12/4/07)

Act.

The Fair Housing Amendments Act of 1988.

Applicant.

An individual making a request for reasonable accommodation to this Division.

Code.

The Dana Point Municipal Code.

Department.

The Department of Community Development of the City of Dana Point.

Disabled person.

Any person who has a physical or mental impairment that substantially limits one or more major: life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this chapter unless they have a separate disability.

(Added by Ord. 07-09, 12/4/07)

The Department of Community Development shall prominently display in the Development Services Center a notice advising those with disabilities or their representatives that they may request a reasonable accommodation hearing in accordance with the procedures established in this chapter.

(Added by Ord. 07-09, 12/4/07)

A. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

B. If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

C. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Department at any time that the accommodation may be necessary to ensure equal access to housing.

(Added by Ord. 07-09, 12/4/07)

A. Director of Community Development/Building Official. The Director of Community Development or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Director of Community Development or Building Official for review and consideration. The Director of Community Development or Building Official shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All writ-ten determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by certified mail, return receipt requested.

B. If necessary to reach a determination on the request for reasonable accommodation, the Director of Community Development or Building Official may request further information from the applicant consistent with this Division, specifying in detail what information is required. In the event a request for further information is made, the 30 day period to issue a written determination shall be stayed until the applicant responds to the request.

(Added by Ord. 07-09, 12/4/07)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Act.

B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

E. For housing located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with the certified Local Coastal Program. Where a request for reasonable accommodation is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds:

1. The requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified Local Coastal Program; and

2. There are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified Local Coastal Program.

(Added by Ord. 07-09, 12/4/07)

A. Within 15 days of the date the Director of Community Development or Building Official issues a written determination, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination.

B. All appeals shall contain a statement of the grounds for the appeal.

C. Appeals shall be to the Planning Commission who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

E. Notice of hearing pursuant to this section shall be provided not less than 10 calendar days prior to the hearing and shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In all cases under this section, the applicant shall bear the cost of the radius mailing.

F. The Director of Community Development or Planning Commission acting pursuant to this section, shall (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, including, but not limited to, a condition requiring the applicant to show proof of any required State license for the activity or occupancy contemplated, or (3) deny the request.

G. The Director of Community Development or Planning Commission, as appropriate, shall explain, in writing, the basis of the determination including the Director of Community Development's or Planning Commissioner's findings on the criteria set forth in Section 8.40.060. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of the determination shall be sent to the applicant by certified mail, return receipt requested.

H. Within 15 days of the issuance of a written determination on the hearing conducted pursuant to this section, any aggrieved party within the meaning of this Code, may file an appeal from the determination of the Director of Community Development or Planning Commission. Appeals from a determination of the Director of Community Development shall be to the Planning Commission, appeals from a determination of the Planning Commission shall be to the City Council. All appeals shall contain a statement of the grounds for the appeal.

I. Appeals to the Planning Commission or City Council pursuant to this section shall be heard as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Added by Ord. 07-09, 12/4/07)

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter.

(Added by Ord. 07-09, 12/4/07)