Hawthorne City Zoning Code
CHAPTER 17
41 REASONABLE ACCOMMODATION FOR INDIVIDUALS WITH DISABILITIES UNDER THE FAIR HOUSING AMENDMENTS ACT
§ 17.41.010 Purpose.
The purpose of this chapter is to establish a formal procedure for an individual with a disability seeking equal access to housing to request a reasonable accommodation as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. Reasonable accommodation means providing an individual with a disability or developers of housing for an individual with a disability, flexibility in the application of zoning regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to housing opportunities.
(Ord. 1926 § 2, 2008)
§ 17.41.020 Definitions.
means the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act.
as defined under the Acts, means 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. People who are currently using illegal substances are not covered under the Act, unless they have a separate disability.
(Ord. 1926 § 2, 2008)
§ 17.41.030 Procedures.
A.
A written request for reasonable accommodation from a zoning regulation or policy shall be made on a form provided by the planning department by any individual with a disability, his or her representative, or a developer or provider of housing for an individual with a disability.
B.
If the individual needs assistance in making the request for reasonable accommodation, the planning department shall provide the assistance necessary to ensure that the process is accessible to the applicant.
C.
A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.
D.
The planning director may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the forty-five-day time period for making a determination on the request stops running until the additional information is provided.
E.
Prior to the issuance of any permits relative to an approved reasonable accommodation, the planning director may require the applicant to record a covenant in the county recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination. The covenant shall be required if the planning director finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.
(Ord. 1926 § 2, 2008)
§ 17.41.040 Determination period.
A.
The planning director shall issue a written determination to either grant, grant with modifications, or deny a request for reasonable accommodation within forty-five days of the date the application is deemed complete, or within an extended period as mutually agreed upon, in writing, by the applicant and the planning director.
B.
While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(Ord. 1926 § 2, 2008)
§ 17.41.050 Findings.
The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall include the following findings:
A.
That the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;
B.
That the requested accommodation is necessary to make housing available to an individual with a disability protected under the Acts;
C.
That the requested accommodation would not impose an undue financial or administrative burden on the City; and
D.
That the requested accommodation would not require a fundamental alteration in the nature of the City's zoning regulations and policies.
(Ord. 1926 § 2, 2008)
§ 17.41.060 Applicability.
If the planning director grants the request, the request shall be granted to an individual and shall not run with the land unless the planning director determines that:
A.
The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Hawthorne Municipal Code; or
B.
The accommodation is to be used by another individual with a disability.
(Ord. 1926 § 2, 2008)