Bellflower City Zoning Code
CHAPTER 17
42 REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
§ 17.42.010 Intent and Purpose.
The intent and purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) 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. 1253 § 3, 10/14/13)
§ 17.42.020 Applicability.
In order to make specific housing available to an individual with a disability, any person may request 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 housing of their choice.
This chapter applies to only those persons who qualify as disabled pursuant to applicable law, including the California Fair Employment and Housing Act.
(Ord. 1253 § 3, 10/14/13; Ord. 1443, 4/28/2025)
§ 17.42.030 Application Requirements.
A.
Requests for reasonable accommodation, in a form approved by the Planning Department, together with the appropriate fee, as established by resolution adopted by the City Council, and other required information, shall be filed with the Planning Division. The applicant is requested to provide the following information:
1.
Name and address of the applicant;
2.
Name and address of the property owner(s);
3.
Address of the property for which accommodation is requested;
4.
The current use of the property for which accommodation is requested;
5.
Description of the requested accommodation, and the regulation(s), policy or procedure for which accommodation is sought, which could include site plans, floor plans, and/or details as necessary to define the extent of the accommodation;
6.
The basis for the claim that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, a handicapped license, or other appropriate evidence;
7.
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the property; and
8.
How the property will be used by the applicant and individual(s) with disabilities.
B.
If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this title (including, but not limited to, a conditional use permit, design review, variance, General Plan amendment or zone change), then the application shall be submitted and reviewed at the same time as the related applications.
(Ord. 1253 § 3, 10/14/13)
§ 17.42.040 Approval Process.
A.
Approval Authority. The Director will review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter.
B.
Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Director.
C.
Decision. The Director will render a decision within 30 days after the application is deemed complete, and approve, approve with conditions or deny the application, based on the findings in this chapter. The decision will be in writing and mailed to the applicant.
(Ord. 1253 § 3, 10/14/13; Ord. 1443, 4/28/2025)
§ 17.42.050 Findings and Decision.
A.
Any decision on an application under this chapter will be supported by written findings addressing the criteria set forth in this section. An application under this chapter for a reasonable accommodation will be granted if all of the following findings are made:
1.
The housing, which is the subject of the request, will be used by a disabled individual as defined under the applicable law.
2.
The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
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, without limitation, land use and zoning.
(Ord. 1253 § 3, 10/14/13; Ord. 1443, 4/28/2025)
§ 17.42.055 Reasonable Accommodation Related to Existing Conditions.
A.
A modification of the following zoning regulations where the modification is necessary to allow improvements to an existing building or property in order to provide reasonable accommodations to individuals with disabilities is permitted. This modification is not available in the case of new buildings, demolitions and rebuilds, or additions where the proposed construction precludes a reasonable accommodation that would not require a modification.
1.
Parking. The conversion of an existing parking space to an accessible parking space or access aisle for an accessible parking is permitted, even if the conversion results in fewer parking spaces, as long as the accessible parking requirement is not triggered by a change of use or an expansion of the existing use.
2.
Setbacks, Lot Area, Floor Area, Street Frontage, Useable Open Space, Building Separation. A modification of setbacks, lot area, floor area, street frontage, useable open space or building separation is permitted provided the modification is consistent with the purposes and intent of this title, and is necessary to: a) secure an appropriate improvement on a lot; b) prevent unreasonable hardship; c) promote uniformity of improvement; or d) the modification is necessary to comply with the Americans with Disabilities Act and/or California Code of Regulations, Title 24, requirements.
B.
Approval Process for Reasonable Accommodation Related to Existing Conditions.
1.
Director. The Director, or designee, may permit modifications in accordance with this section upon making the following findings:
a.
The requested modification is not part of the approval of a tentative map, conditional use permit, planned development, specific plan, overlay zone, or any other matter which requires approval of the Planning Commission; and
b.
If granted, the modification would not significantly affect persons or property owners other than those entitled to notice.
c.
The modification is solely for the purpose of accommodating ADA and/or California Code Regulations, Title 24 requirements to comply with accessibility requirements.
(Ord. 1316 § 6, 9/26/16)
§ 17.42.060 (Reserved)
Prior History: Ord. 1253 § 3, 10/14/13; repealed by Ord. 1443, 4/28/2025.