Rancho Palos Verdes Municipal Code Ch. 17.67 Reasonable Accommodations for Individuals with Disabilities

A. Pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Government Code § 12900 et seq.), this chapter establishes formal procedures allowing individuals with disabilities and their representatives to request reasonable accommodations in the application of zoning laws and other land use regulations, policies and procedures when necessary to eliminate barriers to housing opportunities.

B. A reasonable accommodation granted pursuant to this chapter shall not be construed as an amendment to this title or a change to the maps which are part of this title.

(Code 1981, § 17.67.010; Ord. No. 518, § 5, 4-5-2011)

A. A request for a reasonable accommodation may be made by any person with a disability, their representative, or any developer or provider of housing for an individual with a disability, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. This chapter is intended for the benefit of those persons who are defined as disabled under section 17.67.030(B) of this chapter.

B. A request for a reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. Requests for a reasonable accommodation shall be made in the manner prescribed by this chapter.

C. A request for a reasonable accommodation shall be granted to an individual and shall not run with the land, unless the community development director determines that:

1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with chapters 17.02 and 17.04 of this Code; or

2. The accommodation is to be used by another individual with a disability.

(Code 1981, § 17.67.020; Ord. No. 518, § 5, 4-5-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Fair housing laws means the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, as these statutes now exist or may be amended from time to time, and each Act's implementing regulations.

B. Individual with a disability means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment. People who are currently using illegal substances are not considered individuals with a disability under the fair housing laws unless they have an otherwise qualifying disability.

(Code 1981, § 17.67.030; Ord. No. 518, § 5, 4-5-2011)

A. Application. Requests for a reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter to the community development director. The application shall contain the following information:

1. The applicant's name, address and telephone number;

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

3. The current actual use of the property;

4. Documentation that the applicant is:

(A) An individual with a disability;

(B) Applying on behalf of one or more individuals with a disability; or

(C) A developer or provider of housing for one or more individuals with a disability;

5. The specific exception or modification to the zoning code provision, regulation, policy, or practice that is being requested;

6. Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.

(Code 1981, § 17.67.040; Ord. No. 518, § 5, 4-5-2011)

A. Community development director. Requests for a reasonable accommodation shall be reviewed by the community development director if no approval is sought other than the request for a reasonable accommodation.

(Code 1981, § 17.67.050; Ord. No. 518, § 5, 4-5-2011)

A. A written request for reasonable accommodations shall be made pursuant to section 17.67.040 of this Code.

B. If the applicant needs assistance in making the request for reasonable accommodation, the community development department shall provide the assistance necessary to ensure that the process is accessible to the applicant.

C. Within 30 days of an application being submitted, the director may request additional information necessary for making a determination regarding the request for a reasonable accommodation that complies with the fair housing law's protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 60-day time period for making a determination on the request stops running until the additional information is provided.

(Code 1981, § 17.67.060; Ord. No. 518, § 5, 4-5-2011)

A. The community development director shall issue a written determination within 60 days of the receipt of a complete application, unless extended in writing by mutual agreement of the city and the applicant.

B. The director may grant a reasonable accommodation request only upon finding that:

1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the fair housing laws;

2. The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;

3. The requested accommodation will not impose an undue financial or administrative burden on the city;

4. The requested accommodation will not require a fundamental alteration in the nature of the city's zoning regulations and policies; and

5. There are no alternatives to the requested accommodations that may provide an equivalent level of benefit.

C. The director may impose conditions upon the approval of the reasonable accommodation request deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection B of this section. Conditions of approval may, where deemed appropriate, provide for any or all of the following:

1. The reasonable accommodation shall only be applicable to particular individuals.

2. Periodic inspection of the affected premises, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.

3. Prior to any transfer of interest in the premises, notice shall be given to the transferee of the existence of the modification, and the requirements that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.

4. Removal of the improvement if the need for which the accommodation was granted no longer exists.

5. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.

6. Other reasonable conditions deemed necessary to protect the public health, safety, and welfare.

D. Prior to the issuance of any permits relative to an approved reasonable accommodation, the director may require the applicant and/or owner to record a covenant in the county recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination, and to provide notice to future owners that a reasonable accommodation has been approved.

(Code 1981, § 17.67.070; Ord. No. 518, § 5, 4-5-2011)

Upon approval of a reasonable accommodation request by the director, written notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant.

(Code 1981, § 17.67.080; Ord. No. 518, § 5, 4-5-2011)

Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing and Appeal Procedures) of this title. No reasonable accommodation shall be effective and no development permitted by a reasonable accommodation shall be initiated or construction started, until the appeal period has been exhausted.

(Code 1981, § 17.67.090; Ord. No. 518, § 5, 4-5-2011)

Any modification granted through a reasonable accommodations procedure for an individual with a disability shall be considered a personal accommodation for the individual applicant and shall not run with the land.

(Code 1981, § 17.67.100; Ord. No. 518, § 5, 4-5-2011)