Lawndale City Zoning Code
CHAPTER 17
26 REQUEST FOR REASONABLE ACCOMMODATION
§ 17.26.010 Intent and purpose.
It is the policy of the city of Lawndale to make, as provided in this chapter, reasonable accommodation in the application of its zoning laws for disabled persons, to the extent required under the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12927(c)(1), and the Federal Fair Housing Act ("FHA"), 42 U.S.C. Section 3604(f). The purpose of this chapter is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city.
For the purposes of this chapter, the term "disabled" or "disability" shall have the same meaning as that term has in Section 12926 of the FEHA and Section 12211 of the Federal Americans with Disabilities Act, 42 U.S.C. Section 12211.
(Ord. 912-02 § 8)
§ 17.26.020 Application-Generally.
A.
Any disabled person seeking a reasonable accommodation in the city's application of its zoning may do so by filing a completed application with the department. The director shall promulgate application forms for this purpose.
B.
If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.
(Ord. 912-02 § 8)
§ 17.26.030 Application-Required information.
Any disabled person seeking a reasonable accommodation shall provide the following information in the application:
A.
Applicant's name, address, and telephone number;
B.
Address of the property for which the request is being made;
C.
The current actual use of the property;
D.
A description of the accommodation requested, including reference to the zoning code provision, regulation, or policy from which the accommodation is being requested;
E.
The basis for the claim that the applicant is considered disabled under the FEHA and/or the FHA; and
F.
A detailed explanation of why the accommodation is reasonable and why the accommodation is necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.
(Ord. 912-02 § 8)
§ 17.26.040 Notice of request for accommodation.
Written notice of a request for reasonable accommodation shall be given as follows:
A.
In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.
B.
In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding.
(Ord. 912-02 § 8)
§ 17.26.050 Grounds for accommodation.
A.
The director shall review each application for reasonable accommodation and, within five days of receipt thereof, determine whether the application is complete. If the application is determined to be incomplete, the director shall promptly give the applicant written notice of the additional information necessary to complete the application.
B.
Within thirty days of receipt of an application that has been determined to be complete, the director shall complete a review of the application and, pursuant to the standards provided in this section, either approve or deny the request. However, in the event that the applicant also seeks a permit or approval that is reviewed by the city's planning commission, then the planning commission shall review the application for reasonable accommodation.
C.
In approving or denying the request, the director shall apply the following criteria:
1.
The accommodation is reasonable considering the nature of the applicant's disability, the surrounding land uses, and the rule, standard, policy, or practice from which relief is sought;
2.
The accommodation is necessary to afford the applicant equal opportunity to enjoy and use a dwelling;
3.
The accommodation will have only incidental economic or monetary benefits to the applicant, and the primary purpose of the accommodation is not to assist with real estate speculation or excess profit taking;
4.
The accommodation does not create a substantial adverse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;
5.
The accommodation is reasonably feasible considering the physical attributes of the property and structures;
6.
There are no alternative accommodations which may provide an equivalent level of benefit to the applicant, while minimizing adverse impacts on surrounding land uses and lessening the financial and/or administrative burden on the city;
7.
In the case of a determination involving a one-family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents;
8.
The requested accommodation does not impose an undue financial or administrative burden on the city; and
9.
The requested accommodation does not require a fundamental alteration in the nature of a program.
(Ord. 912-02 § 8)
§ 17.26.060 Notice of director's decision.
A.
Within the time provided for approving or denying the application, the director shall give the applicant written notice of the director's decision. Notice of the director's decision shall also be given to interested parties in the same manner as provided in Section 17.26.040, "Notice of request for accommodation."
B.
Within ten days of the date the notice is mailed, any person may make a request for a director's hearing upon a decision.
C.
If no request for hearing is received, the decision shall become a final decision.
(Ord. 912-02 § 8)
§ 17.26.070 Director's hearing.
If any person timely files a request for a director's hearing pursuant to Section 17.26.060(B), then the director shall, within thirty days of receipt of the request, conduct a public hearing and de novo review on the application for reasonable accommodation. The director shall hear and consider all relevant evidence and credible testimony in applying the criteria set forth in Section 17.26.050, "Grounds for accommodation."
(Ord. 912-02 § 8)
§ 17.26.080 Notice of director's decision following a hearing.
A.
Within five days after the hearing, the director shall issue a decision approving or denying the application, including any reasonable conditions.
B.
The notice of decision shall contain the director's factual findings, conclusions, and reasons for the decision.
C.
The notice of decision shall be made in the same manner as set forth in the previous section.
(Ord. 912-02 § 8)
§ 17.26.090 Appeal to planning commission.
Persons may appeal the director's decision after the hearing if they file a written appeal to the planning commission within ten days of the date of the director's decision after hearing. The appeal shall be filed with a written statement of the basis for the appeal, and shall state all facts and arguments known to support the claim. The planning commission shall, within thirty days of receipt of a timely filed appeal, conduct a public hearing and de novo review of the application for reasonable accommodation. The planning commission shall hear and consider all relevant evidence and credible testimony in applying the criteria set forth in Section 17.26.050, "Grounds for accommodation."
Within five days after the hearing, the planning commission shall issue a decision approving or denying the application, including any reasonable conditions. The notice of decision shall contain the planning commission's factual findings, conclusions, and reasons for the decision. The notice of decision shall be made in the same manner as set forth in Section 17.26.040, "Notice of request for accommodation."
If the initial decision on an application for reasonable accommodation is made by the planning commission after a public hearing, in lieu of an administrative decision by the director under Section 17.26.050(B), "Grounds for accommodation," then there shall be no right to request a director's hearing as provided in Section 17.26.070, "Director's Hearing," and the decision of the planning commission shall instead be appealable directly to the city council.
(Ord. 912-02 § 8)