City Of Industry City Zoning Code
CHAPTER 17
58 FAIR HOUSING REASONABLE ACCOMMODATIONS
§ 17.58.010 Intent and purpose.
The purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "Acts").
(Ord. 826, 1/25/2024)
§ 17.58.020 Applicability.
A.
Any individual with a disability or their representative may request a reasonable accommodation for housing, to provide an exception or modification to the Zoning Ordinance or administrative policies, practices, or procedures, pursuant to this chapter.
B.
A reasonable accommodation shall be limited only to the individual that needs the accommodation and does not apply to successors in interest to the site.
(Ord. 826, 1/25/2024)
§ 17.58.030 Procedure.
A.
A request for reasonable accommodation shall be submitted on a form provided by the planning department, or by a written letter to the planning director, and shall contain all of the following information:
1.
The name, address, email, and telephone number of the individual with a disability, or representative, if applicable;
2.
Address of the property for which the request is being made;
3.
Written approval from the property owner;
4.
The specific Zoning Ordinance provision or administrative policies, practices, for which reasonable accommodation is being requested;
5.
A statement explaining why the reasonable accommodation is necessary to make the specific property accessible to the individual; and
6.
Plans showing the details of the request and any changes to the site plan, floor plan, or elevations.
B.
An application for reasonable accommodation may be made or filed at any time. However, if the request for reasonable accommodation is related to an application for a land use entitlement pursuant to this code, the request for reasonable accommodation must be made or filed with that application.
C.
A request for reasonable accommodation shall be reviewed by the planning director or their designee, if no approval is sought other than the request for reasonable accommodation. If a request for reasonable accommodation is filed with an application for another approval, permit, or entitlement, it shall be heard and acted upon by the same decisionmaking body as such other application, and shall be subject to all the same procedures.
D.
If necessary to reach a determination on the request for reasonable accommodation, the decisionmaking body may request further information from the applicant consistent with the Acts.
(Ord. 826, 1/25/2024)
§ 17.58.040 Approval findings.
No reasonable accommodation request shall be approved, unless all of the following findings are determined to be true by the decisionmaking body:
A.
The request is necessary to make specific housing available for an individual protected under fair housing laws;
B.
The request will be consistent with the city's general plan or an applicable specific plan;
C.
The request will not deprive neighboring occupants or property owners of the use and enjoyment of their own properties; and
D.
The request will not constitute a threat to the health, safety, or general welfare of other individuals.
(Ord. 826, 1/25/2024)
§ 17.58.050 Conditions of approval.
In granting a request for reasonable accommodation, the decisionmaking body may impose any condition of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings required by this chapter, and any other applicable state or federal law. Such conditions of approval may require the reasonable accommodation to be removed, in the event that the individual for whom the reasonable accommodation request was made no longer resides on the site.
(Ord. 826, 1/25/2024)
§ 17.58.060 Appeals.
A.
Any appeal of the decision of the planning director or designee must be filed within ten days of the date of the mailing of the decision to the applicant. Any appeal of the decision of the planning commission must be filed within ten days of the date of the mailing of the decision to the applicant.
B.
The city council may, by resolution, adopt and, from time to time, amend a fee for the filing of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
C.
An appeal of the decision of the planning director or designee will be considered by the planning commission. An appeal of the decision of the planning commission will be considered by the city council. The decision of the city council shall be final.
(Ord. 826, 1/25/2024)