Malibu City Zoning Code
CHAPTER 17
63 HOUSING ACCESSIBILITY-REQUEST FOR REASONABLE ACCOMMODATION
§ 17.63.010 Purpose and intent.
This section sets forth the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal 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.
It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.
(Ord. 449 § 8, 2019)
§ 17.63.020 Applicability.
A.
A request for reasonable accommodation may be made by any person with a disability, his/her representative or any property owner, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests related to deviation from the Building Code shall apply directly to the Environmental Sustainability Department.
B.
A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures regulating the siting, development or 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.
C.
A person with a disability is a person who has a physical or mental impairment that substantially limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section shall only apply to those persons who are defined as disabled under the Acts.
(Ord. 449 § 8, 2019)
§ 17.63.030 Application submittal.
A.
Any person with a disability may file an application for a request for reasonable accommodation with the planning department, on a form approved by the planning director and shall contain the following information, accompanied by a fee established by resolution of the city council:
1.
Applicant's and/or property owner's name, mailing address, daytime phone number and email address;
2.
The address of the property for which the request is being made;
3.
Current actual use of the property;
4.
The basis for the claim that the individual is considered disabled under the Acts;
5.
The specific code provision, regulation, procedure or policy from which reasonable accommodation is being requested including an explanation of how application of the existing code provision, regulation, procedure or policy precludes reasonable accommodation;
6.
The length of time the reasonable accommodation is necessary;
7.
An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual;
8.
A determination of whether or not the request would result in adverse impacts to wetlands, environmentally sensitive habitat area, public access, public views and/or other coastal resources;
9.
A site plan or illustrative drawing showing the proposed accommodation; and
B.
A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires a discretionary approval (including, but not limited to: CDP, conditional use permit, site plan review, etc.), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review.
C.
A reasonable accommodation does not affect or negate an individual's obligations to comply with other applicable regulations not at issue with the requested accommodation.
D.
If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.
(Ord. 449 § 8, 2019)
§ 17.63.040 Reviewing authority.
A.
Applications for reasonable accommodation shall be reviewed by the director or designee, if no approval is sought other than the request for reasonable accommodation. The director may, in his or her discretion, refer applications that may have a material effect on surrounding properties (e.g., location of improvements in the front yard, would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision.
B.
Applications for reasonable accommodation submitted for concurrent review with a CDP application shall be reviewed by the authority reviewing the CDP application.
(Ord. 449 § 8, 2019)
§ 17.63.050 Findings.
A.
A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings:
1.
The housing, which is the subject of the request, will be occupied by a person with a disability as defined in Section 17.63.020(C) of this chapter.
2.
The approved reasonable accommodation is necessary to make housing available to a person with a disability as defined in Section 17.63.020(C) of this chapter.
3.
The approved reasonable accommodation would not impose an undue financial or administrative burden on the city.
4.
The approved reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to land use and zoning.
5.
The approved reasonable accommodation would not adversely impact coastal resources.
6.
The project that is the subject of the approved reasonable accommodation conforms to the applicable provisions of the LCP and the applicable provisions of this section, with the exception of the provision(s) for which the reasonable accommodation is granted.
B.
A written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall make all of the following findings:
1.
The housing, which is the subject of the request, will be occupied by a person with a disability as defined in subsection A above.
2.
The request for reasonable accommodation is necessary to make housing available to a person with a disability as defined in subsection A above.
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, but not limited to land use and zoning.
5.
The requested reasonable accommodation would adversely impact wetlands, environmentally sensitive habitat area, public access and/or public views, and, if it does have such an impact, whether the request can be accomplished under a feasible alternative approach that eliminates or minimizes those impacts. Mitigation shall be included to address significant impacts.
6.
The feasible alternative to be implemented is the feasible alternative resulting in the least adverse impact on wetlands, environmentally sensitive habitat area, public access and/or public views.
(Ord. 449 § 8, 2019)
§ 17.63.060 Decision.
A.
The director shall consider an application, and issue a written determination within 45 calendar days of the date of receipt of a completed application. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant responds to the request.
B.
At least 10 calendar days before issuing a written determination on the application, the director shall mail notice to the applicant and all abutting property owners and occupants and those immediately across the street that the city will be considering the application and inviting written comments on the requested accommodation.
C.
Upon referral from the director, the planning commission shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation. The commission shall issue a written determination within 45 calendar days after such public meeting.
D.
Notice of planning commission meeting to review and act on the application shall be made in writing, 10 calendar days prior to the meeting and mailed to the applicant and all abutting property owners and occupants as well as those immediately across the street.
E.
The review authority's written decision shall set forth the findings, any conditions or approval, notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant, and when the approving authority is the director, to any person having provided written or verbal comment on the application.
F.
The written decision of the reviewing authority shall be final unless appealed in the manner set forth in subsection H of this section.
G.
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.
H.
Where the improvements or modification approved through reasonable accommodation would generally require a variance, a variance shall not be required.
(Ord. 449 § 8, 2019)
§ 17.63.070 Conditions of approval.
In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Section 17.63.050 of this chapter.
(Ord. 449 § 8, 2019)
§ 17.63.080 Appeals.
The process set forth in Section 17.04.220 shall apply, as supplemented by the following:
1.
The planning commission or the city council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 90 calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
2.
The city shall provide notice of an appeal hearing to the applicant, adjacent property owners and any other person requesting notification at least 10 calendar days prior to the hearing. The appeal authority shall announce its findings within 30 calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council's action shall be final unless the application for reasonable accommodation is submitted with a CDP application then the process set forth in LIP Section 13.20 shall apply.
3.
If an individual needs assistance in filing an appeal on an adverse decision, the city shall provide assistance to ensure that the appeals process is accessible.
4.
Nothing in this procedure shall preclude an aggrieved individual from seeking other state or federal remedy available.
(Ord. 449 § 8, 2019)
§ 17.63.090 Waiver of time periods.
Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.
(Ord. 449 § 8, 2019)
§ 17.63.100 Discontinuance.
Unless the review authority determines a reasonable accommodation runs with the land, a reasonable accommodation shall lapse if the rights granted by it are discontinued for 180 consecutive days. If the person initially occupying a residence or business vacates, the reasonable accommodation shall remain in effect only if the director determines that:
1.
The modification is physically integrated into a structure and cannot easily be removed or altered to comply with Title 17 of the Municipal Code;
2.
Its removal would constitute an unreasonable financial burden; and
3.
The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling or business.
a.
The director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the director shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
(Ord. 449 § 8, 2019)