Pico Rivera City Zoning Code
CHAPTER 18
67 REQUESTS FOR REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
§ 18.67.010 Purpose of provisions.
The intent and purpose of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair 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, and to establish relevant criteria to be used when considering such requests.
(Ord. 1083 § 7, 2014)
§ 18.67.020 Applicability.
In order to make specific housing available to an individual with a disability, any person may request 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 housing of their choice.
A person with a disability is a person who has a physical or mental impairment that 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 chapter applies only to those persons who are defined as disabled under the Acts.
(Ord. 1083 § 7, 2014)
§ 18.67.030 Application requirements.
A.
Requests for reasonable accommodation, in a form approved by the zoning administrator, together with the appropriate fee, as established by resolution adopted by the city council, and other required information, shall be filed with the planning division.
B.
If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this title (including, but not limited to, a conditional use permit, design review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications.
(Ord. 1083 § 7, 2014)
§ 18.67.040 Approval process.
A.
Approval Authority.
1.
Administrative Review. The zoning administrator or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The zoning administrator or appointed designee may refer the matter to the planning commission, as appropriate.
2.
Planning Commission Review. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the zoning administrator or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.
B.
Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the zoning administrator. Requests for reasonable accommodation subject to review by the planning commission shall require advance notice and a public hearing pursuant to the requirements of Chapter 1.12.
C.
Decision. The zoning administrator or an appointed designee shall render a decision or refer the matter to the planning commission within thirty days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 18.67.050. The decision shall be in writing and mailed to the applicant.
If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the zoning administrator or an appointed designee, unless the reasonable accommodation request has been referred by the zoning administrator or an appointed designee to the planning commission for consideration.
If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions, or deny the application shall be rendered within twenty working days after the close of the public hearing, based on the findings set forth in Section 18.67.050.
(Ord. 1083 § 7, 2014)
§ 18.67.050 Findings and decision.
A.
Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
1.
The housing, which is the subject of the request, will be used by an individual disabled as defined under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
2.
The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act.
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 not adversely impact surrounding properties or uses.
6.
There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.
(Ord. 1083 § 7, 2014)
§ 18.67.060 Appeal determination.
Any decision on an application under this chapter shall be subject to appeal pursuant to Chapter 18.64 of the Municipal Code.
(Ord. 1083 § 7, 2014)