West Covina Municipal Code Div. 2 Reasonable Accommodation

(a) The purpose of this division is to establish a formal procedure for individuals with disabilities and their representatives to request reasonable accommodation, as provided by the federal Fair Housing Act, the Americans with Disabilities Act, and California's Fair Employment and Housing Act (the "Acts").

(b) Reasonable accommodation means providing a modification to the application of City rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

A request for reasonable accommodation allows an individual, his or her representative, or a developer or provider of housing, to seek relief from any City rule, policy, practice, or service, including but not limited to land use regulations and procedures found in chapter 26 (zoning) of this Code, that may be necessary to ensure equal access to housing for an individual with a disability.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Requests for reasonable accommodation shall be in writing on an application provided by the planning department, or in another manner deemed acceptable to the Community Development Director or their designee.

(b) If the project for which a request for reasonable accommodation is being made also requires some other approval, permit or entitlement under this chapter, the applicant shall file the request together with the application for such approval, permit or entitlement.

(c) In addition to any other information that is required under this chapter, an applicant for reasonable accommodation shall provide the following information:

(1) 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) The ordinance, resolution, Municipal Code section, policy, rule, or other City provision for which modification is requested;

(5) A description of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws; and

(6) Such other relevant and permissible information as may be requested by the director of planning and development or his or her designee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Community Development Director review. The Community Development Director or their designee shall, within twenty (20) days of the application deemed as complete, grant, grant with conditions, or deny an application/request for reasonable accommodation.

(b) Other reviewing authority. If the application for reasonable accommodation is submitted for concurrent review with another application for approval, permit or entitlement under this chapter, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on such other application. The decision to grant, grant with modification, or deny the request for reasonable accommodation shall be made in accordance with article VI, division 2.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The following factors shall be considered in making a determination regarding the reasonableness of any request for reasonable accommodation under this division:

(1) The need for the requested modification, including alternatives that may provide an equivalent level of benefit;

(2) The physical attributes of and any proposed changes to the subject property and structures;

(3) Whether the requested modification would impose an undue financial or administrative burden on the City;

(4) Whether the requested modification would constitute a fundamental alteration of the City's General Plan, applicable Specific Plan, zoning or subdivision program;

(5) Whether the requested modification would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood;

(6) Whether the requested modification is being provided primarily to benefit one (1) or more persons with a disability;

(7) Whether the requested modification is necessary for therapeutic benefit to the person(s) with a disability;

(8) Whether the requested modification would result in a substantial increase in traffic or insufficient parking;

(9) Whether the requested modification would significantly deprive any neighboring property owners of the use and enjoyment of their own properties;

(10) Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;

(11) Whether proposed changes to property or structures are compatible with surrounding development or create potential impact(s) on surrounding uses;

(12) Whether the findings of section 26-205(b) exist; and

(13) Any other factor that may have a bearing on the request.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) An application for reasonable accommodation may be granted, granted with modifications, granted with conditions, or denied. Any such decision shall be in writing supported with findings and conclusions addressing the criteria set forth in section 26-204.

(b) A written decision granting an application for reasonable accommodation shall, in addition to the findings described in subsection (a) of this section, include the following findings:

(1) That the dwelling, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;

(2) That the requested modification is necessary to make the dwelling available to an individual with a disability protected under the Acts;

(3) That the requested modification would not impose an undue financial burden on the City;

(4) That the requested accommodation would not require a fundamental alteration in the nature of the City's overall land use and zoning; and

(5) That the accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) In granting a request for reasonable accommodation, the Community Development Director or their designee or other reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the modifications will comply with the required findings found in section 26-205(b). Conditions of approval for reasonable accommodation request may, where appropriate, provide for any or all of the following:

(1) Inspection of the affected premises by the City to verify compliance with this division and any conditions of approval;

(2) Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

(3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; and

(4) Prior to the issuance of any permits pertaining to an approved reasonable accommodation, the Community Development Director or their designee may require the applicant to record a covenant in the county recorder's office acknowledging and agreeing to comply with terms and conditions established in the decision. The covenant shall be required only if the Community Development Director or their designee finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with the City Code and all applicable rules and regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The written decision described in section 26-205 shall be served on the applicant and shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.

(b) Any decision on a request for reasonable accommodation may be appealed in the manner described in section 26-193.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

A grant of reasonable accommodation approved pursuant to this division may continue to be used and maintained by an individual with a disability for the duration of his or her occupancy. Within sixty (60) days of the termination of such occupancy, the subject modification shall be removed unless the Community Development Director or their designee has determined that the conditions for reasonable accommodation may remain as provided in section 26-203.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)