Chapter 20.65 — REASONABLE ACCOMMODATION PROCEDURE

A. It is the policy of the City of Signal Hill, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California's Fair Employment and Housing Act, to provide people with disabilities and developers of housing for the disabled reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure eoual access to housing. Both the Federal Fair Housing Amendment Act of 1988 and the California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations (modifications or exceptions) in their zoning and land use regulations and practices when such accommodations may be necessary to afford disabled persons an equal opportunity to housing. Section 804(f)(3)(B) of the Federal Fair Housing

Amendments Act of 1988 states that the following is a prohibited practice: "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person egual opportunity to use and enjoy a dwelling."

B. The purpose of this chapter is to codify a process for making reguests for reasonable accommodation to zoning and land use decisions and procedures regulating the siting, funding, development and use of housing for people with disabilities. In these regulations, "use of housing" includes, but is not limited to, housing related services and the use and enjoyment of the property.

(Ord. 2016-10-1492 § 1)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A. “Acts.” The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. B. “Person with a disability.” As defined under the Acts, a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or. anyone who has a record of such impairment. The term physical or mental impairment may include conditions such as blindness, hearing impairment, mobility impairment. HIV infection, mental retardation-chronic fatigue, learning disability, head injury, and mental illness. The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for oneself, learning, speaking, or working. (Ord. 2016-10-1492 § 1)

A. At all public counters where application is made for a permit, license or other authorization for the siting, funding, development, or use of housing, a notice shall be prominently displayed advising applicants that they may reguest a reasonable accommodation of existing rules, policies, practices and procedures, and the process for requesting an accommodation shall be available at all public counters where decisions are made regulating the siting, funding, development and use of housing.

B. In order to make specific housing available to an individual with a disability, any person may reguest a reasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding, development or use of housing by submitting a Fair Housing Accommodation Request letter and filing it with the community development department.

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

D. A request letter for reasonable accommodation shall be addressed to the director of community development and shall state the basis of the request, including but not limited to a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide an individual with a disability egual opportunity to housing of his or her choice.

E. If the project for which the reguest for reasonable accommodation is being made also reguires some other discretionary approval (including, but not limited to, conditional use permit, design review, general plan amendment, zone change- annexation, and the like), then the applicant shall file the required Fair Housing Accommodation Reguest for concurrent review with the application for discretionary approval.

F. The director of community development, or his or her designee, shall investigate the facts bearing on the application, and compile the information necessary for a decision on the application.

G. The director of community development, or his or her designee, may reguest additional information necessary for making a determination on the reouest for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the 30-dav time period for making a determination on the reguest stops running until the additional information is provided.

H. The director of community development shall issue a written notice of decision within thirty (30) days of the date of the submittal of a complete application and may grant the accommodation request, deny the reguest, offer approval of an alternate accommodation, or approve the reguest with conditions. The written decision is to be based on the contents of the application and a consideration of the factors set forth in this chapter. (Ord. 2016-10-1492 § 1)

A. The written decision to grant, grant with modifications, or deny a reguest for reasonable accommodation shall be consistent with the Acts, and shall, if granted, be granted to an individual and shall not run with the land (unless the director of community development or designee determines that such modification is physically integrated into the residential structure and cannot easily be removed), and shall be based on consideration of the following factors:

1. Whether the housing, which is the subject of the reguest for reasonable accommodation, will be used by an individual with disabilities protected under the Acts;

2. Whether the reguested accommodation is necessary to make housing available to an individual with disabilities protected under the Acts;

3. Whether the reguested accommodation would impose an undue financial or administrative burden on the city;

4. Whether the reguested accommodation would require a fundamental alteration in the nature of the city's zoning and land use regulations: and

5. Whether there are any alternative reasonable accommodations which may provide an eguivalent level of benefit to the applicant.

B. All written decisions shall give notice of the applicant's right to appeal and to reguest reasonable accommodation in the appeals process as set forth in Section 20.65.060. (Ord. 2016-10-1492 § 1)

A. The conditions of approval, if any, may, where deemed appropriate, provide for any or all of the following:

1. Inspection of the affected premises periodically, as specified in the conditions, to verify compliance with any applicable conditions of approval.

2. Prior to any transfer of interest in the premises, notice to the transferee of the existence of the modification, that the modification is granted to an individual and does not run with the land, and the requirement that the transferee apply for a new modification if necessary. Once such transfer takes effect, the modification shall have no further validity.

3. Removal of the improvements, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists.

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

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

B. Any grant of accommodation for an individual with a disability may, at the discretion of the decision maker, be considered as a personal accommodation for the individual applicant and may, at the determination of the decision maker, not run with the land. Accordingly, any approval may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

C. The violation of a required condition shall constitute a violation of this chapter and may constitute grounds for revocation of the grant of accommodation.

(Ord. 2016-10-1492 § 1)

The applicant or any aggrieved party may appeal to the planning commission a decision of the director of community development by filing an appeal in writing with the director of community development within ten (10) calendar days following the date of written notification to the applicant of the director's decision. If a timely appeal is not filed, the director's decision shall be final. The planning commission shall hear the matter at their next regularly scheduled meeting at which the matter can be heard. Notice of the hearing on the appeal shall be given in accordance with Section 20.52.030(G). The planning commission may sustain, modify, or overrule the decision of the director. In so doing, the planning commission shall make the findings and apply the standard of review contained in Section 20.65.040. The planning commission's decision may be appealed to the city council in accordance with Section 20.52.030(F) and Section 20.52.030(G).

(Ord. 2016-10-1492 § 1)