San Fernando Municipal Code Div. 14 Reasonable Accommodation

It is the purpose of this division, pursuant to federal and state fair housing laws, to provide individuals with disabilities reasonable accommodation in the application of the city's rules, policies, practices, and procedures, as necessary, to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. The purpose of this division is to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the city, including land use and zoning regulations, when reasonable accommodation is warranted based upon sufficient evidence, to comply fully with the intent and purpose of the fair housing laws.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) In order to make specific housing available to individuals who have physical or mental impairments, an individual with a disability or representative may request reasonable accommodation, pursuant to this division, relating to the application of various land use, zoning, or building laws, development standards, rules, policies, practices, and/or procedures of the city.

(b) Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the department and building divisions advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the department and building divisions.

(c) If an individual with a disability or representative needs assistance in making a 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 may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.

(d) A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

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

(f) 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.

(g) A request for reasonable accommodation to allow one or more deviations of laws, development standards, rules, policies, practices, and/or procedures must be filed on an application form provided by the city, shall be signed by the owner of the property, and shall include the following:

(1) Name and address of the individual(s) requesting reasonable accommodation;

(2) Name and address of the property owner(s);

(3) Address of the property for which accommodation is requested;

(4) The current actual use of the property that is the subject of the request;

(5) Description of the requested accommodation and the regulations, policy or procedure for which accommodation is sought;

(6) Verifiable evidence to support the claim that fair housing laws apply to the individual(s) with a disability, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or other appropriate evidence that establishes that the individual(s) needing the reasonable accommodation is/are disabled/handicapped pursuant to fair housing laws;

(7) The specific reason the requested accommodation is necessary for individual(s) with the disability to use and enjoy the dwelling;

(8) Verification by the applicant that the property that is the subject of the request for reasonable accommodation will be used by the person for whom reasonable accommodation is requested and whose disabilities are protected under fair housing laws;

(9) The required filing fee for a reasonable accommodation request, as provided for in the city's adopted fee schedule; and

(10) Other supportive information deemed necessary by the department to facilitate proper consideration of the request, consistent with fair housing laws and the privacy rights of the individual(s) with a disability.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Review. The director or his or her designee shall review and provide a determination on an application for reasonable accommodation pursuant to this division and fair housing laws. The director shall have the ability to request any information necessary to assess an application for reasonable accommodation and provide a determination to an applicant within 30 days of the date of submittal of a completed application. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. Within 30 days of the date of the submittal of a completed application, and as provided for in this section, the director shall take one of the follow actions regarding a request for reasonable accommodation:

(1) Grant the reasonable accommodation request, pursuant to section 106-1136(g);

(2) Grant the reasonable accommodation request, subject to specified nondiscriminatory conditions, pursuant to section 106-1136(g);

(3) Deny the reasonable accommodation request pursuant to section 106-1136(g); or,

(4) Refer the determination of the reasonable accommodation request to the planning and preservation commission, who shall render a determination on the application.

(b) Tentative determination of approval. Upon submittal of a completed application for reasonable accommodation and subsequent to an application being deemed complete, the director shall prepare a notice of tentative determination regarding the director's intent to approve the reasonable accommodation request pursuant to this division and fair housing laws. The notice of tentative determination shall be prepared and disseminated as provided below.

(1) Content. The notice of tentative determination shall provide a detailed description of the subject property, the reasonable accommodation request, and tentative findings pursuant to section 106-1136(g). Additionally, the notice of tentative determination shall include information on the public comment period for the request.

(2) Public notice. A notice of tentative determination shall be mailed to the applicant, property owner of record of the property that is the subject of the reasonable accommodation request, and all neighboring properties abutting the subject property within 15 days from the submittal of a completed application for reasonable accommodation.

(3) Public comment period. A comment period of no less than ten days from the date noted on the notice of tentative determination shall be provided to all affected owners of property that abut the property that is the subject of the reasonable accommodation request.

(c) Final determination of approval. Subsequent to the issuance of a notice of tentative determination for approval of the reasonable accommodation request, as provided for in subsection (b), the director shall prepare a notice of final determination regarding the director's decision to approve the reasonable accommodation request. The notice of final determination shall be prepared and disseminated as provided below.

(1) Content. The notice of final determination shall provide a detailed description of the subject property, the reasonable accommodation request, and findings required for approval pursuant to section 106-1136(g). Additionally, the notice of final determination shall include information on the appeal process for all abutting properties that are aggrieved by the decision of the director.

(2) Public notice. A notice of final determination shall be mailed to the applicant, property owner of record of the property that is the subject of the reasonable accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for reasonable accommodation.

(d) Denial. Subsequent to submittal and the director's review of a request for reasonable accommodation, the director shall notify an applicant in writing if a determination for denial of the reasonable accommodation request is made. The director shall provide the justification for denial of the reasonable accommodation request pursuant to section 106-1136(g). An applicant may appeal the decision of the director to the planning and preservation commission, as provided for in section 106-1136

(e) Applicability. A reasonable accommodation request that is granted pursuant to this division shall not require the approval of any variance. The reasonable accommodation shall be subject to the following provisions:

(1) The reasonable accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.

(2) The reasonable accommodation shall only be applicable to the specific use for which application is made.

(3) The reasonable accommodation is subject to any and all building code permit and inspection requirements of the city.

(4) Any change in use or circumstances that negate the basis for the approval of the reasonable accommodation shall require its termination and removal, unless continuance of the reasonable accommodation is approved by the director pursuant to section 106-1136(f).

(5) Within 60 days from the date that an individual with a disability vacates the property that is the subject of the reasonable accommodation, the reasonable accommodation shall be removed in its entirety.

(6) The director may impose additional conditions on the approval of a reasonable accommodation request that are consistent with the purposes of this division and fair housing laws.

(f) Duration of reasonable accommodation. If a request for reasonable accommodation is approved pursuant to this division, the request shall be granted to an individual with a disability and shall not run with the land unless:

(1) The reasonable accommodation is physically integrated into the residential structure and cannot be easily removed or altered to comply with all applicable laws, development standards, rules, policies, practices, and/or procedures; or,

(2) Another individual or individuals with a disability use the property and structure that is the subject of the reasonable accommodation request; or,

(3) The property owner of record provides a written request stating the reason why the reasonable accommodation shall be retained without the occupancy of the residential structure by an individual with a disability, as originally permitted; and

(4) The director provides a written determination assessing the applicant's request to retain the reasonable accommodation without the occupancy of the residential structure by an individual with a disability, as originally permitted. A determination for denial of the retention of a reasonable accommodation pursuant to this section shall require the director to make those findings provided in section 106-1136(g). Subsequent to the director's determination of denial, the property owner of record shall have 60 days to remove the reasonable accommodation from the subject property or comply with the previously approved reasonable accommodation request pursuant to this division.

(g) Required findings. A written determination to approve, approve with conditions, or deny a request for reasonable accommodation shall be based on the following factors:

(1) Whether the parcel and/or housing that is the subject of the request for reasonable accommodation will be used by an individual with disabilities protected under fair housing laws;

(2) Whether the request for reasonable accommodation is necessary to make the specific housing available to one or more individuals protected under fair housing laws;

(3) Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

(4) Whether the requested reasonable accommodation would require a fundamental alteration of the zoning or building laws, policies, and/or other procedures of the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A final written determination made by the director on a reasonable accommodation request may be appealed to the planning and preservation commission, as provided below:

(1) Within ten days of the date of the notice of final determination, an appeal may be filed in writing or on a form provided by the city, pursuant to this section. An appeal shall contain a detailed statement of the grounds for the appeal.

(2) 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.

(3) An appeal may be filed by those directly aggrieved by the decision and determination of the director. For purposes of this section, "directly aggrieved" shall mean the applicant, representative of an individual with a disability, or owner of the property that is the subject of the reasonable accommodation request, and those property owners that directly abut the property that is the subject of the reasonable accommodation.

(4) The written decision of the director shall become final unless an applicant appeals it to the planning and preservation commission.

(5) The planning and preservation commission shall hear the matter and render a written determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed, or after an application has been referred to it by the director. 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.

(6) A notice of public hearing for the appeal shall be mailed to the person filing the appeal and those directly aggrieved at least ten days prior to the date of the public hearing. The notice of public hearing shall include a description of the property that is the subject of the reasonable accommodation, the reason for which the appeal is filed, the date of the public hearing, and the location of the public hearing.

(7) Within 30 days from the decision and determination of the planning and preservation commission, those directly aggrieved by the decision may appeal to the city council. The procedures that apply for filing an appeal with the city council are the same procedures that apply for filing an appeal with the planning and preservation commission pursuant to division 2 of article V of this chapter. 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.

(8) The written decision of the planning and preservation commission shall become final unless an applicant appeals it to the city council.

(9) The filing fee for an appeal shall be equal to half of the application filing fee for the reasonable accommodation request, as provided for in the city's adopted fee schedule.

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

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)