Manhattan Beach Municipal Code Ch. 10.85 Reasonable Accommodations

In conformance with state and federal fair housing laws, this chapter establishes the City's procedures related to requests for reasonable accommodations from the strict application of the City's land use and zoning regulations to allow disabled persons an equal opportunity to use and enjoy a dwelling.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

"Disabled; disabled person" means a person who has a physical or mental impairment that limits or 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, as those terms are defined in the fair housing laws.

"Eligible person" means a disable person, a disabled person's representative, or a real estate developer building housing for disabled persons.

"Fair housing laws" means the "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code § 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

"Major life activity" means physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

"Physical or mental impairment" means any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment.

"Reasonable accommodation" means any deviation requested and/or granted from the City's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A. In order to make housing available to disabled persons, any eligible person may request a reasonable accommodation from the strict application of land use, zoning and building regulations, policies, practices and procedures.

B. Requests for a reasonable accommodation shall be submitted on an application form established by the Community Development Director.

C. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, unless required by state or federal law.

D. A request for a reasonable accommodation from the strict application of the City's regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect a person's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A. Requests for a reasonable accommodation shall be reviewed by the Community Development Director using the criteria set forth in Section 10.85.050. The Community Development Director may, in his discretion, refer applications to the Planning Commission for consideration.

B. The Community Development Director may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 10.85.050.

C. If necessary to reach a determination on the request for reasonable accommodation and consistent with fair housing laws, the Community Development Director may request additional information from the applicant.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:

A. The dwelling, which is the subject of the request for reasonable accommodation, will be used by a disabled person;

B. The requested accommodation is necessary to make housing available to a disabled person;

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

D. The requested accommodation will not require a fundamental alteration in the nature of the City's zoning ordinance.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings required by Section 10.85.050. All written decisions shall give notice of the applicant's right to appeal and to request a reasonable accommodation in the appeals process. The notice of decision shall be sent to the applicant by certified mail.

B. The written decision shall be final, unless the applicant appeals the decision pursuant to Chapter 10.100.

C. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect.

(§ 12, Ord. 13-0006, eff. August 1, 2013)

A. A reasonable accommodation shall lapse if the exercise of rights does not occur within one hundred eighty (180) days after the issuance of the final decision.

B. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the Director makes either of the following findings: (1) that such accommodation is physically integrated with the property and cannot feasibly be removed or altered or (2) the property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The Community Development Director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodations.

(§ 12, Ord. 13-0006, eff. August 1, 2013)