Chapter 9.53
REASONABLE ACCOMMODATION
Sections:
9.53.030 Application requirements.
9.53.050 Findings and decision.
9.53.060 Appeal determination.
9.53.070 Expiration, time extension, and discontinuance.
9.53.080 Rescission and revocation.
9.53.010 Purpose and intent.
It is the intent of the city of Bell Gardens to comply with the federal and state fair housing laws (fair housing laws) to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for disabled persons seeking fair access to housing. The purpose of this chapter is to provide a formal procedure for the review of requests for reasonable accommodation for persons with disabilities seeking equal access to housing under fair housing laws in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. 854 § 5, 2013).
9.53.020 Applicability.
A request for reasonable accommodation may be made by a disabled person, his or her authorized representative, or a developer or provider of housing for disabled persons. A request for reasonable accommodation may include a request for a modification or exception to the rules, standards and practices for the siting and/or development of housing or housing related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of their choice. (Ord. 854 § 5, 2013).
9.53.030 Application requirements.
A. Requests for reasonable accommodation shall be submitted in writing to the department of community development on a form approved by the director of community development, along with any other required information. A fee shall not be required for a reasonable accommodation request, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the discretionary permit. An application for reasonable accommodation shall include all of the following:
1. The applicant’s name, address, and telephone number.
2. Documentation that the applicant is either a disabled person, applying on behalf of one or more disabled persons, or a developer or provider of housing for one or more disabled persons.
3. The address of the property for which reasonable accommodation is being requested.
4. The name, address, and telephone number of the property owner if different from the applicant.
5. Property owner mailing list and mailing labels, if another discretionary permit is requested to accompany the request for reasonable accommodation, pursuant to the requirements of BGMC 9.54.010(B).
6. A description of the current use of the property.
7. A description of the specific basis for the claim that the applicant is considered disabled under the fair housing laws.
8. A description of the accommodation requested including reference to the zoning code provision, policy, or procedure from which reasonable accommodation is sought.
9. A detailed written explanation of why the requested reasonable accommodation is necessary for the disabled person to use and enjoy the dwelling.
10. Any other information which the director of community development reasonably concludes is necessary to make the findings required by BGMC 9.53.050, provided the information requested regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.
B. If the project for which the request for reasonable accommodation is being made also requires another discretionary approval under this title (including but not limited to a Type 3 site plan review, conditional use permit, variance, zone change, general plan amendment, or subdivision map), the application shall be submitted and reviewed at the same time as the other related applications. (Ord. 854 § 5, 2013).
9.53.040 Review authority.
A. If an application under this chapter is filed without any accompanying application for another approval, permit or entitlement under this title, it shall be heard and acted upon by the director of community development within 30 days of the application being deemed complete. Pursuant to the findings established in BGMC 9.53.050, the director may approve, approve subject to conditions, or deny the application. If additional information is requested pursuant to BGMC 9.53.020(A)(10) the application shall be deemed incomplete and the 30-day review period shall be suspended until the applicant complies with the request for additional information in a manner satisfactory to the director of community development.
B. If an application under this chapter is filed with an application for another approval, permit or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as such other application, and shall be subject to all of the same procedures. (Ord. 854 § 5, 2013).
9.53.050 Findings and decision.
A. A written decision to approve or conditionally approve an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
1. The requested reasonable accommodation is requested by or on the behalf of one or more disabled persons protected under the fair housing laws and entitled to a reasonable accommodation;
2. The requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling;
3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city;
4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to the general plan, zoning code and building code;
5. The requested reasonable accommodation would not under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial damage to the property of others; and
6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
B. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (A) of this section. (Ord. 854 § 5, 2013).
9.53.060 Appeal determination.
Any decision on an application under this chapter may be appealed to the planning commission pursuant to the procedures set forth under Chapter 9.60 BGMC, Appeals. (Ord. 854 § 5, 2013).
9.53.070 Expiration, time extension, and discontinuance.
A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of the approval or at an alternative time specified as a condition of approval unless:
1. A building permit has been issued and construction has commenced;
2. A certificate of occupancy has been issued; or
3. A time extension has been granted.
B. The director of community development may approve a time extension for a reasonable accommodation for good cause for a period not to exceed three years. An application for a time extension shall be submitted in writing to the director of community development no less than 30 calendar days prior to the expiration date of the approval.
C. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the disabled persons vacate the premises, the reasonable accommodation shall remain in effect only if the director determines that:
1. The approved modification is physically integrated into the residential structure such that it would be impractical to require the property to be returned to its previous condition; or
2. The accommodation is necessary to give another disabled person an equal opportunity for use and enjoyment of the dwelling.
D. The director of community development may, at any reasonable time, request in writing the applicant or his/her successor in interest to the property to provide documentation demonstrating that the reasonable accommodation remains necessary to ensure the equal use and enjoyment of the property by a disabled person and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within 15 days of the date of the director’s request shall constitute grounds for enforcement by the city of a discontinuance of a previously approved reasonable accommodation. (Ord. 854 § 5, 2013).
9.53.080 Rescission and revocation.
Any approval or conditional approval of an application under this chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. Any reasonable accommodation approved pursuant to this chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. (Ord. 854 § 5, 2013).