Division XIII — 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 Division 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.

(Ord. C-7639 § 1, 1999)

A.

Act. The Fair Housing Amendments Act of 1988.

B.

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

C.

Code. The Long Beach Municipal Code.

D.

Department. The Department of Planning and Building of the City of Long Beach.

E.

Disabled Person. Any person who has a physical or mental impairment that substantially limits one (1) 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 Division unless they have a separate disability.

F.

Group Home. Refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.

G.

Increased Occupancy. Refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.

(Ord. C-7639 § 1, 1999)

The Department of Planning and Building shall prominently display in both the Development Services Center and the Planning Bureau 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 Division.

(Ord. C-7639 § 1, 1999)

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.

(Ord. C-7639 § 1, 1999)

A.

Zoning Officer/Building Official. The Zoning Officer, 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 Zoning Officer or Building Official for review and consideration. The Zoning Officer or Building Official shall issue a written determination within thirty (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 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 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 Zoning Officer 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 thirty (30) day period to issue a written determination shall be stayed until the applicant responds to the request.

(Ord. C-7639 § 1, 1999)

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 Subsections 21.25.1311.A through 21.25.1311.D above, and 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:

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

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

(Ord. C-7726 § 2, 2001; Ord. C-7639 § 1, 1999)

A.

Within thirty (30) days of the date the Zoning Officer 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 sixty (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.

(Ord. C-7639 § 1, 1999)

A.

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the City's Zoning Officer.

B.

The Zoning Officer may hold a hearing on a request for reasonable accommodation relating to the increased occupancy of a group home, or may instead, at his/her sole discretion, refer the application to the Planning Commission for hearing. If the Zoning Officer acts on a request for reasonable accommodation pursuant to this Section, the Zoning Officer shall hear the matter and issue a written determination within thirty (30) days of the date of receipt of a completed application. If the Planning Commission acts on a request for reasonable accommodation pursuant to this Section, the Planning Commission shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days of receipt of a completed application.

C.

Notice of hearing pursuant to this Section shall be provided not less than fourteen (14) 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 three hundred feet (300′) 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.

D.

The Zoning Officer 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.

E.

The Zoning Officer or Planning Commission, as appropriate, shall explain, in writing, the basis of the determination including the Zoning Officer's or Planning Commissioner's findings on the criteria set forth in Section 21.25.1311. 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.

F.

Within thirty (30) 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 Zoning Officer or Planning Commission. Appeals from a determination of the Zoning Officer 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.

G.

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 sixty (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.

(Ord. C-7639 § 1, 1999)

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division, except that a fee equivalent to the fee imposed for an administrative use permit shall be required if the application for reasonable accommodation relates to an increase in the occupancy of a group home.

(Ord. C-7639 § 1, 1999)