Chapter 15.66
HOUSING AND REASONABLE ACCOMMODATION
Sections:
15.66.040 Notice of availability of accommodation process.
15.66.010 Purpose.
It is the purpose of this chapter, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in the application of the city’s rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the city of Aliso Viejo to comply fully with the intent and purpose of fair housing laws. [Ord. 2013-150 § 3 (Exh. A)].
15.66.020 Definitions.
“Individual with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
“Reasonable accommodation” means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities for individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].
15.66.030 Applicability.
A request for reasonable accommodation may be made by any individual with a disability, 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 may act as a barrier to fair housing opportunities for individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].
15.66.040 Notice of availability of accommodation process.
Notice of the availability of reasonable accommodation shall be prominently displayed at the city’s public counter advising the public of the availability of the procedure for individuals with disabilities. Forms for requesting reasonable accommodation shall be available to the public at the counter. [Ord. 2013-150 § 3 (Exh. A)].
15.66.050 Filing of request.
A. Required Information. Requests for reasonable accommodation shall be in writing and provide the following information:
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. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
5. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B. Confidentiality. 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, unless disclosure is otherwise required by state or federal law.
C. Compliance with Other Regulations. A reasonable accommodation does not affect an individual’s obligations to comply with all other applicable regulations not at issue in the requested accommodation.
D. Assistance with Application. Upon request, the city will provide assistance to an individual needing assistance in making the request for reasonable accommodation to ensure that the process is accessible to individuals with disabilities. [Ord. 2013-150 § 3 (Exh. A)].
15.66.060 Review of request.
A. Reviewing Authority. The reviewing authority for requests relating to the land use and zoning regulations of AVMC Title 15 shall be the director of planning services. The reviewing authority for requests relating to the building and related regulations of AVMC Title 13 shall be the building official.
B. Review Criteria. Requests for reasonable accommodation shall be reviewed using the criteria set forth in AVMC 15.66.070.
C. Decision within 30 Days. The reviewing authority shall issue a written decision on a request for reasonable accommodation within 30 days of the date the request is submitted to the city and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in AVMC 15.66.070.
D. Request for Further Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. 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. [Ord. 2013-150 § 3 (Exh. A)].
15.66.070 Required findings.
A. Findings for Decision. The decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following findings, all of which are required for approval:
1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.
2. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.
3. There are no alternatives which may provide an equivalent level of benefit.
4. The requested accommodation would not impose an undue financial or administrative burden on the city.
5. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use, zoning or building policies, practices or procedures.
6. The requested accommodation will not result in a direct and significant threat to the health or safety of other individuals or substantial physical damage to the property of others.
B. Written Decision. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the findings in subsection (A) of this section. The written decision shall give notice of the applicant’s right to appeal the decision pursuant to AVMC 15.66.080. The notice of decision shall be sent to the applicant by certified or registered mail.
C. Decision Final Unless Appealed. The written decision of the reviewing authority shall be final unless appealed pursuant to AVMC 15.66.080.
D. Pending Decisions. 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. [Ord. 2013-150 § 3 (Exh. A)].
15.66.080 Appeals.
A. Appeal Period. Within 10 days of the date of the written decision, an applicant may appeal the decision to the city council. Appeals shall be made in writing and filed with the city clerk. Appeals shall be heard in accordance with the procedures set forth in AVMC 15.70.080.
B. Assistance by City. Upon request, the city will provide assistance to an individual needing assistance in filing an appeal to ensure that the appeals process is accessible to individuals with disabilities.
C. Information in Appeal. All appeals shall contain a statement of the grounds for the appeal. 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, unless disclosure is otherwise required by state or federal law.
D. Other Remedies. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available. [Ord. 2013-150 § 3 (Exh. A)].