Chapter 9-93
REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
Sections:
9-93.050 Application for reasonable accommodation.
9-93.090 Expiration, time extension, and revocation.
9-93.010 Purpose and intent.
It is the policy of the city of Laguna Hills to comply with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (collectively referred to hereafter as “fair housing laws”) to provide reasonable accommodation to disabled persons in the application of its zoning and land use regulations, policies, and practices for persons with disabilities seeking fair access to housing. The purpose of this chapter is to establish procedures for the receipt and evaluation of requests for reasonable accommodation.
A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 9-93.050 (Application for reasonable accommodation). (Ord. 2012-2 § 1 (part))
9-93.020 Definitions.
As used in this chapter, the following items shall have meanings as set forth below:
“Director” means the Community Development Director.
“Disabled” or “disability” means any person who has a physical or mental impairment that substantially limits one or more major life activities, or as may otherwise be defined by state or federal law.
“Fundamental alteration” means a modification that alters the essential nature of a provider’s operations.
“Major life activity” means those activities that are of central importance to daily life including, but not limited to, seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking.
“Physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV) infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism.
“Reasonable accommodation” means a change, exception, or adjustment to a rule, policy, practice, or procedure that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
“Reviewing authority” means the Community Development Director or the Planning Agency, as determined in Section 9-93.040. (Ord. 2012-2 § 1 (part))
9-93.030 Applicability.
A. 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 zoning and land use regulations, policies, and practices acts as a barrier to fair housing opportunities.
B. Providing reasonable accommodation in the land use and zoning context may include a modification or exemption from zoning and land use regulations, policies, and practices when it is necessary to eliminate barriers to housing opportunities. (Ord. 2012-2 § 1 (part))
9-93.040 Reviewing authority.
A. The Director shall review each application for reasonable accommodation within thirty (30) days of deeming the application as complete. Pursuant to the findings set forth in Section 9-93.070, the Director may approve, approve subject to conditions, or deny the request.
B. In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by the Planning Agency, then the Planning Agency shall also act as the reviewing authority for the application for reasonable accommodation.
C. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request. (Ord. 2012-2 § 1 (part))
9-93.050 Application for reasonable accommodation.
A. An application for reasonable accommodation shall be submitted in writing on a form prescribed by the Community Development Director (“Director”).
B. A fee shall not be required for a reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for the other discretionary permit(s) in compliance with the city’s adopted fee schedule.
C. If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.
D. 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:
a. An individual with a disability;
b. Applying on behalf of one or more individuals with a disability; or
c. A developer or provider of housing for one or more individuals with a disability;
3. Address of the property for which accommodation is requested;
4. The name, address, and telephone number of the property owner(s), if different from the applicant;
5. The current use of the subject property;
6. The specific basis for the claim that the applicant is considered disabled under the fair housing laws;
7. A description of the accommodation requested including reference to the zoning and development code provision, policy or procedure from which accommodation is sought;
8. A detailed written explanation of why the requested accommodation is necessary for the individual(s) with a disability to use and enjoy the dwelling; and
9. Any other information that the Director reasonably concludes is necessary to determine whether the findings required by Section 9-93.070 can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. (Ord. 2012-2 § 1 (part))
9-93.060 Public notice.
After the Director has deemed an application for reasonable accommodation as complete, the Director or his/her designee shall provide notice of the request for reasonable accommodation as follows:
A. In the event that there is no approval, permit, or entitlement sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties that are immediately adjacent to the property that is the subject of the request.
B. In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding. (Ord. 2012-2 § 1 (part))
9-93.070 Required findings.
A. The written decision to approve, approve with conditions, or deny an application for reasonable accommodation shall be based upon the following findings, all of which are required for approval:
1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws;
2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
3. The requested accommodation will not impose an undue financial or administrative burden on the city;
4. The requested accommodation will not result in a fundamental alteration in the nature of a city program or law, including but not limited to land use or zoning; and
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.
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 will comply with the findings required by this section. (Ord. 2012-2 § 1 (part))
9-93.080 Notice of decision.
A. The reviewing authority shall notify the applicant of his/her decision by mailing a written determination to the applicant. The notice of decision shall include factual findings, conclusions, and reasons for the decision; and notify the applicant of the right to appeal the reviewing authority’s decision pursuant to Section 9-93.110.
B. Notice of the reviewing authority’s decision shall also be given to adjoining property owners and/or other interested persons in the same manner as provided in Section 9-93.060(A) and (B). (Ord. 2012-2 § 1 (part))
9-93.090 Expiration, time extension, and revocation.
A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four (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;
3. The use is established; or
4. A time extension has been granted.
B. The Director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three years. An application for a time extension shall be made in writing to the Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
C. Any reasonable accommodation approved in accordance with 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. 2012-2 § 1 (part))
9-93.100 Discontinuance.
A. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (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 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 individual an equal opportunity for use and enjoyment of the dwelling.
B. The Director may, at any time, request in writing the applicant or his successor-in-interest to the property to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by a person with disabilities and/or continued compliance with any applicable conditions of approval. Failure to provide such documentation within fifteen (15) days of the date of the Director’s request shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. (Ord. 2012-2 § 1 (part))
9-93.110 Appeals.
The decision of the Director to approve, approve subject to conditions, or deny an application for reasonable accommodation shall be subject to appeal to the Planning Agency pursuant to the procedures set forth in Chapter 9‑96 of the Municipal Code. (Ord. 2012-2 § 1 (part))