Monterey Park City Zoning Code
CHAPTER 21
20 REASONABLE ACCOMMODATION FOR DISABLED OR HANDICAPPED INDIVIDUALS
§ 21.20.010 Purpose.
This chapter is adopted in accordance with the City's police powers and as required by the Fair Housing Law. It is intended to provide equal access to residential housing throughout the City's jurisdiction regardless of an individual's physical or mental abilities.
(Ord. 2097 § 3, 2013)
§ 21.20.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Fair Housing Law and any successor statutes or regulations.
means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.
means existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(l).
means any request by, or on behalf of, a disabled person for a reasonable deviation from the City's strict application of its land use or building regulations as set forth in this code, or as adopted by reference in this code, in order for such disabled person to use and enjoy a dwelling.
(Ord. 2097 § 3, 2013)
§ 21.20.030 Notice.
The City must post notice in the same manner as it posts meeting agendas advising disabled persons regarding the reasonable accommodation that may be provided in accordance with this chapter.
(Ord. 2097 § 3, 2013)
§ 21.20.040 Requesting Reasonable Accommodation.
(A)
A disabled person or disabled person's representative may request reasonable accommodation pursuant to this chapter.
(B)
The City Planner, or designee, must provide reasonable assistance to disabled persons, or their representatives, to seek reasonable accommodation. Such assistance must occur during any part of a request including, without limitation, the initial application and any appeal.
(C)
A request for reasonable accommodation must be filed on a form provided by the City Planner. The application must include the following:
(1)
Evidence of the property owner's consent, usually in the form of the owner's signature on the application;
(2)
A description of how the property will be used by the disabled individual(s)—e.g., for residential habitation—and the specific reason that reasonable accommodation is desirable;
(3)
Evidence of the applicant's disability as reasonably determined by the City Planner, including, without limitation, an individual's medical record; correspondence from a currently licensed healthcare professional; or documentation from the California Department of Motor Vehicles demonstrating that the individual qualifies for disabled parking;
(4)
Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.
(D)
The City cannot require a fee for filing an original application. However, the City may establish a fee for appealing decisions pursuant to City Council resolution.
(Ord. 2097 § 3, 2013)
§ 21.20.050 Proceedings.
(A)
Unless the City Planner determinates otherwise, approving a reasonable accommodation is an administrative determination by the City Planner without the need for a public hearing.
(B)
Upon accepting a reasonable accommodation request application as complete, the City Planner must review the application for conformance with the provisions of this title. Based on this review, the City Planner must act to approve, conditionally approve, or deny the application.
(C)
Within 30 days of receiving a completed application, the City Planner must issue a statement of decisions and findings. The statement must recite, among other things, the facts and reasons for granting or denying the application.
(Ord. 2097 § 3, 2013)
§ 21.20.060 Action by the City Planner.
The City Planner may take one of the following actions:
(A)
Approval. There are no conditions or requirements other than those specified by the application. After the date of final determination, the proposed project may be developed in compliance with the reasonable accommodation approved by the City Planner.
(B)
Disapproval. When a reasonable accommodation application is disapproved, an application for the same project or a similar use on the same property cannot thereafter be accepted for a period of one year from the date of final determination, except that the City Planner may specify that, if the action is due to details or technical issues, this time limit does not apply.
(C)
Conditional Approval. Any application may be approved subject to conditions the City Planner deems necessary for compliance with City, State and federal regulations related to the protection of general health, welfare, and safety of the surrounding area. After the date of final determination, the proposed project may be developed in compliance with the reasonable accommodation approved by the City Planner along with applicable conditions of approval.
(D)
Withdrawal. With the concurrence of or at the request of the applicant, any a permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application is null and void and the property must have the same status as if no application had been filed.
(Ord. 2097 § 3, 2013)
§ 21.20.070 Findings.
The City Planner must make all the following findings to approve a reasonable accommodation:
(A)
CEQA. The application complies with the California Environmental Quality Act.
(B)
General Plan. The proposed use or project generally conforms with the General Plan.
(C)
Zoning. The proposed use or project generally conforms with the zoning regulations in this code.
(D)
Development Standards. The reasonable accommodation generally complies with this code.
(E)
The parcel and/or housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.
(F)
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
(G)
The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.
(H)
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or other procedures of the City.
(Ord. 2097 § 3, 2013)
§ 21.20.080 Permit Appeal and Revocation.
A reasonable accommodation request may be appealed or revoked pursuant to this code. Disabled persons may request reasonable accommodation in the procedure by which an appeal will be conducted including, without limitation, extension of time periods in order to accommodate the individual's disability.
(Ord. 2097 § 3, 2013)
§ 21.20.090 Compliance.
Establishment, maintenance and operation of the use or uses proposed by the application must comply with the information and specifications shown in the City Planner's approval.
(Ord. 2097 § 3, 2013)
§ 21.20.100 Action in Writing.
The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, must be in writing. A copy of the written determination must forwarded to the applicant following the date of final determination and is made available, at cost, to any person desiring a copy of such determination.
(Ord. 2097 § 3, 2013)
§ 21.20.110 Final Determination.
The determination of the City Planner is effective 15 days after the date the decision is made and after all appeals, if any, are resolved.
(Ord. 2097 § 3, 2013)
§ 21.20.120 One Stop Permitting.
A reasonable accommodation approved in accordance with this chapter does not require any separate permit. However, as provided in this section, a reasonable accommodation does not run with the land; it constitutes a permit issued to a specific disabled person and may be revoked or rendered void in accordance with this section.
(Ord. 2097 § 3, 2013)
§ 21.20.130 Conditions-Generally.
A reasonable accommodation granted under this chapter is subject to the following general conditions:
(A)
The reasonable accommodation applies only to the specific disabled person;
(B)
Changes in use or circumstances that negates the basis for the reasonable accommodation renders it void;
(C)
Except as otherwise specifically accommodated pursuant to this chapter, the approved reasonable accommodation is subject to all uniform building codes as adopted by this code.
(Ord. 2097 § 3, 2013)
§ 21.20.140 Conditions-Special.
In addition to the general conditions, the City Planner may impose the following conditions:
(A)
Reasonable accommodations affecting an exterior physical improvement must be designed to be substantially similar to the architectural character, colors, and texture of materials of its surrounding dwelling units; and
(B)
Such additional conditions that the City Planner in good faith believes are required to reconcile the approved reasonable accommodation with other requirements of this code while still implementing the purpose of this chapter.
(Ord. 2097 § 3, 2013)