Chapter 17.44 — REASONABLE ACCOMMODATION

This chapter sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.), and the California Fair Employment and Housing Act (Cal. Gov’t Code § 12900 et seq.), as any of these statutory provisions now exist or may be amended from time to time (collectively, the “Fair Housing Laws”) in the application of zoning laws and other land use regulations, policies and procedures.

It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing. (Ord. 709 § 2, 2014)

• A. A request for reasonable accommodation may be made by any person with a disability, or his/her representative, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests related to deviation from the building code shall be submitted directly to the building department.

• B. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

• C. This chapter shall only apply to persons with disabilities as defined under the Fair Housing Laws.

• (Ord. 709 § 2, 2014)

• A. Any person with a disability may file an application for a request for reasonable accommodation with the planning department, on a form approved by the planning director, and shall contain the following information, accompanied by a fee established by resolution of the city council:

  1. Applicant’s and/or property owner’s name, mailing address, daytime phone number and e-mail address;

  2. The address of the property for which the request is being made;

  3. Current actual use of the property;

  4. The basis for the claim that the individual is considered disabled under Fair Housing Laws and evidence satisfactory to the city supporting the claim;

  5. The specific code provision, regulation, procedure or policy of the city from which relief is being sought including an explanation of how the application of the existing code provision, regulation, procedure or policy prevents the disabled individual’s use

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City of Palos Verdes Estates, CA § 17.44.030

PALOS VERDES ESTATES CODE

§ 17.44.050

and enjoyment of the subject property and precludes reasonable accommodation;

6. The length of time the reasonable accommodation is necessary;

7. An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual;

8. A site plan or illustrative drawing showing the proposed accommodation; and

9. Any other information required to make the findings required by PVEMC § 17.44.050 consistent with Fair Housing Laws.

• B. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval (including, but not limited to: conditional use permit, site plan permit, etc.), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

• C. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue with the requested accommodation.

• D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.

• (Ord. 709 § 2, 2014)

• A. Applications for reasonable accommodation shall be reviewed by the planning director or his/her designee, if no approval is sought other than the request for reasonable accommodation. The director may, in his/her discretion, refer applications that may have a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision.

• B. Applications for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The processing procedures of the discretionary land use permit shall govern the joint processing of both the reasonable accommodation permit and the discretionary permit, provided that the reviewing authority shall review the application at the next reasonably available opportunity following completion of all standard processing requirements for discretionary land use permits required by this code, including without limitation environmental review.

• (Ord. 709 § 2, 2014)

A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall consider all of the following factors:

• A. Whether the housing, which is the subject of the request, will be occupied by an individual

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.44.050

§ 17.44.060

with disabilities protected under Fair Housing Laws.

• B. Whether the request for reasonable accommodation is necessary to make housing available to an individual with disabilities protected under Fair Housing Laws.

• C. Whether the requested reasonable accommodation would not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law.

• D. Whether the requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

• E. Whether the requested reasonable accommodation would adversely impact wetlands, environmentally sensitive habitat area, public access and/or public views, and, if it would have such an impact, whether the request can be accomplished under a feasible alternative approach that eliminates or minimizes those impacts. Mitigation shall be included to address significant impacts.

• F. Whether the feasible alternative to be implemented under subsection E of this section is the feasible alternative resulting in the least adverse impact on wetlands, environmentally sensitive habitat area, public access and/or public views.

• (Ord. 709 § 2, 2014)

• A. The planning director shall consider an application and issue a written determination within forty-five calendar days of the date of receipt of a completed application. At least ten calendar days before issuing a written determination on the application, the planning director shall mail notice to the applicant and all property owners and occupants within three hundred feet of the subject property that the city will be considering the application and inviting written comments on the requested accommodation.

• B. Upon referral from the planning director, the planning commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation. The planning commission shall issue a written determination within forty-five calendar days after such public meeting.

• C. Notice of planning commission meeting to review and act on the application shall be made in writing ten calendar days prior to the meeting and mailed to the applicant and all property owners and occupants within three hundred feet of the subject property.

• D. If necessary to reach a determination on any request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant responds to the request.

• E. The reviewing authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the reviewing authority is the planning director, to any person having provided

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City of Palos Verdes Estates, CA § 17.44.060

PALOS VERDES ESTATES CODE

§ 17.44.090

written or verbal comment on the application.

• F. The written decision of the reviewing authority shall be final unless appealed in the time and manner set forth in PVEMC § 17.44.080.

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

• H. Where the improvements or modification approved through reasonable accommodation would generally require a variance, a variance shall not be required.

• (Ord. 709 § 2, 2014)

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by PVEMC § 17.44.050. (Ord. 709 § 2, 2014)

• A. Within fifteen days after the decision is made, any interested party may appeal the decision to the planning commission, or city council if the planning commission has made a final determination, by completing a request to appeal in a form provided by the director. Any person filing an appeal shall pay a fee as established by the city council by resolution at the time of filing the appeal.

• B. The planning commission or the city council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than ninety calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

• C. The city shall provide notice of an appeal hearing to the applicant, property owners and occupants within three hundred feet of the subject property, and any other person requesting notification at least ten calendar days prior to the hearing. The council or commission hearing the appeal shall announce its findings within thirty calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The city council’s decision shall be final.

• D. If an individual needs assistance in filing an appeal of an adverse decision, the city may provide reasonable assistance to ensure that the appeals process is accessible.

• (Ord. 709 § 2, 2014)

Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.44.090

§ 17.44.100

and shall not be a violation of any required time period set forth in this section. (Ord. 709 § 2, 2014)

Unless the reviewing authority determines a reasonable accommodation runs with the land, a reasonable accommodation shall lapse if the rights granted by it are discontinued for one hundred eighty consecutive days. If the person initially occupying a residence or business vacates, the reasonable accommodation shall remain in effect only if the planning director determines that:

• A. The modification is physically integrated into a structure or property and cannot easily be removed or altered to comply with applicable standards;

• B. Its removal would constitute an unreasonable financial burden; and

• C. The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling or business. The planning director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the director shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

• (Ord. 709 § 2, 2014)

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City of Palos Verdes Estates, CA