El Segundo City Zoning Code
CHAPTER 36
REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES
15-36-1: PURPOSE:
A. Pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, Section 15-22-5 of the El Segundo Municipal Code ("Section") establishes formal procedures allowing individuals with disabilities and their representatives to request reasonable accommodations in the application of zoning laws and other land use regulations, policies and procedures when necessary to eliminate barriers to housing opportunities.
B. A reasonable accommodation granted pursuant to this section shall not be construed as an amendment to this title or a change to the maps which are part of this title. (Ord. 1654, 12-19-2023)
15-36-2: DEFINITIONS:
FAIR HOUSING LAWS: | The "Fair Housing Act" (42 U.S.C. § 3601 et seq.), the "Americans with Disabilities Act"(42 U.S.C. §§ 12101 et seq.), and the "California Fair Employment and Housing Act" (California Government Code §§ 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes. |
INDIVIDUAL WITH DISABILITY: | A person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment, as those terms are defined in the fair housing laws. People who are currently using illegal substances are not considered individuals with a disability. |
MAJOR LIFE ACTIVITY: | Physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. |
PHYSICAL OR MENTAL IMPAIRMENT: | Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation"), emotional or mental illness, learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction (but not including current use of illegal drugs). A temporary condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a physical or mental impairment. |
REASONABLE ACCOMMODATION: | Any deviation requested and/or granted from the City’s zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling. (Ord. 1654, 12-19-2023) |
15-36-3: APPLICABILITY:
A. A request for a reasonable accommodation may be made by any person with a disability, their representative, or any developer or provider of housing for an individual with a disability, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. This Section is intended for the benefit of those individuals with disabilities as defined as under Subsection 15-22-5 B.
B. A request for a 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 a reasonable accommodation shall be made in the manner prescribed by this Section.
C. A reasonable accommodation does not affect a person's obligations to comply with other applicable regulations not at issue in the requested accommodation.
D. A request for a reasonable accommodation shall be granted to an individual and shall not run with the land, unless expressly authorized under Subsection 15-22-5 I.2. (Ord. 1654, 12-19-2023)
15-36-4: APPLICATION REQUIREMENTS:
A. Requests for a reasonable accommodation shall be submitted on an application form provided by the community development department, or in the form of a letter to the Community Development Director. The application shall contain the following information:
1. The applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. 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;
5. The specific exception or modification to the zoning code provision, regulation, policy, or practice that is being requested;
6. Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.
B. 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 required by state or federal law.
C. A request for a reasonable accommodation from the strict application of the City's regulations, policies, practices or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. (Ord. 1654, 12-19-2023)
15-36-5: REVIEW PROCEDURES:
A. Requests for a reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for a reasonable accommodation.
B. The Community Development Director may, in their discretion, refer applications to the Planning Commission for consideration.
C. The Director may request additional information necessary for making a determination regarding the request for a reasonable accommodation that complies with the fair housing law's protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the required timeframe for making a determination on the request stops running until the additional information is provided.
D. The reviewing authority shall issue a written determination within sixty (60) days of the receipt of a complete application, unless extended in writing by mutual agreement of the City and the applicant.
E. The reviewing authority may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Subsection 15-22-5 F. The notice of determination shall explain in detail the basis of the decision.
F. All written decisions shall give notice of the applicant's right to appeal and to request a reasonable accommodation in the appeals process.
1. The written decision shall be final, unless the applicant appeals the decision pursuant to Chapter 29.
2. While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property shall remain in full force and effect. No reasonable accommodation shall be effective and no development permitted by a reasonable accommodation shall be initiated or construction started, until the appeal period has been exhausted. (Ord. 1654, 12-19-2023)
15-36-6: REQUIRED FINDINGS:
A. The request for a reasonable accommodation shall be approved, or approved with conditions, if the reviewing authority finds that all of the following findings can be made:
1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the fair housing laws;
2. The requested accommodation is necessary to make housing available to an individual with a disability protected under the fair housing laws;
3. The requested accommodation will not impose an undue financial or administrative burden on the city;
4. The requested accommodation will not require a fundamental alteration in the nature of the city's zoning regulations and policies; and
5. There are no alternatives to the requested accommodations that may provide an equivalent level of benefit. (Ord. 1654, 12-19-2023)
15-36-7: CONDITIONS:
A. The reviewing authority may impose conditions upon the approval of the reasonable accommodation request deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection 15-22-5 F.
B. Conditions of approval may, where deemed appropriate, provide for any or all of the following:
1. The reasonable accommodation shall only be applicable to particular individual(s).
2. Periodic inspection of the affected premises, as specified in the conditions, to verify compliance with the El Segundo Municipal Code and with any applicable conditions of approval.
3. Prior to any transfer of interest in the premises, notice shall be given to the transferee of the existence of the modification, and the requirements that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.
4. Removal of the improvement if the need for which the accommodation was granted no longer exists.
5. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists.
6. Other reasonable conditions deemed necessary to protect the public health, safety, and welfare.
C. Prior to the issuance of any permits relative to an approved reasonable accommodation, the reviewing authority may require the applicant and/or owner to record a covenant in the County recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination, and to provide notice to future owners that a reasonable accommodation has been approved. (Ord. 1654, 12-19-2023)
15-36-8: EXPIRATION:
A. A reasonable accommodation shall lapse if the exercise of rights does not occur within one hundred eighty (180) days after the issuance of the final decision.
B. The rights conferred by an approved accommodation shall expire when the disabled person for whom the accommodation was granted no longer resides at the property, unless the Director makes either of the following findings:
1. That such accommodation is physically integrated with the property and cannot easily be removed or altered to comply with Chapter 4 of the El Segundo Municipal Code; or
2. The property is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The Community Development Director may request documentation that subsequent occupants are disabled persons. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodations. (Ord. 1654, 12-19-2023)