Placentia City Zoning Code
CHAPTER 23
59 REASONABLE ACCOMMODATION
§ 23.59.010 Purpose.
It is the policy of the city of Placentia to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act to provide reasonable accommodation in the application of its zoning or building laws, policies or procedures for persons with disabilities seeking fair access to housing. The purpose of this chapter is to establish the process for making a request for reasonable accommodation. For purposes of this chapter, the term “disabled” or “disability” shall have the same meaning as such term is defined in the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.
(O-2013-03 § 12, 2013)
§ 23.59.020 Application.
(a)
Any person who requests reasonable accommodation, because of a disability, in the application of a zoning or building law, policy or procedure, which may act as a barrier to fair housing opportunities, may do so by filing a completed application with the city administrator or designee (director). The director shall promulgate application forms for this purpose.
(b)
If the project for which the request is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.
(O-2013-03 § 12, 2013)
§ 23.59.030 Required information.
The applicant shall provide the following information:
(1)
Applicant’s name, address, and telephone number;
(2)
Address of the property for which the request is being made;
(3)
The current actual use of the property;
(4)
A description of the accommodation requested including reference to the Zoning Code provision, policy or procedure from which modification is being requested;
(5)
The basis for the claim that the applicant is considered disabled under the Federal Fair Housing Amendments Act of 1988 or the California Fair Employment Housing Act; and
(6)
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 specific dwelling in the city.
(O-2013-03 § 12, 2013)
§ 23.59.040 Notice of request for accommodation.
Written notice of a request for reasonable accommodation shall be given as follows:
(1)
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 that are immediately adjacent to the property, which is the subject of the request.
(2)
In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.
(O-2013-03 § 12, 2013)
§ 23.59.050 Procedure.
(a)
The director shall review each application for reasonable accommodation and, within five (5) 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 (30) 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 Section 23.59.060, either approve, approve subject to conditions or deny the request. However, in the event that the applicant also seeks an approval, permit or other entitlement that is reviewed by the planning commission, then the planning commission shall review the application for reasonable accommodation.
(c)
The director shall give the applicant written notice of the director’s decision. Notice of the director’s decision shall also be given in the same manner as provided in Section 23.59.040.
(d)
Within ten (10) days of the date the notice is mailed, any person may make a request for a director’s hearing of the decision.
(e)
If no request for hearing is received, the decision shall become final.
(O-2013-03 § 12, 2013)
§ 23.59.060 Grounds for accommodation.
In making a determination about the reasonableness of a requested accommodation, the following factors shall be considered:
(1)
Whether 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)
Whether the accommodation is necessary to afford the applicant equal opportunity to enjoy and use a specific dwelling in the city;
(3)
Whether the accommodation will have only incidental economic or monetary benefits to the applicant, and whether the primary purpose of the accommodation is to assist with real estate speculation or excess profit taking;
(4)
Whether the accommodation will create a substantial adverse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;
(5)
Whether the accommodation is reasonably feasible considering the physical attributes of the property and structures;
(6)
Whether there are 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)
Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
(8)
Whether the requested accommodation would constitute a fundamental alteration of the zoning or building laws, policies or procedures of the city.
(O-2013-03 § 12, 2013)
§ 23.59.070 Director’s hearing.
Within thirty (30) days of receipt of a request, the director shall conduct a hearing on the request for reasonable accommodation at which all reasonable evidence and credible testimony shall be considered.
(O-2013-03 § 12, 2013)
§ 23.59.080 Notice of director’s decision following a hearing.
(a)
Within five (5) days after the hearing, the director shall issue a written decision approving, including any reasonable conditions, or denying the application.
(b)
The notice of director’s decision shall contain the director’s factual findings, conclusions, and reasons for the decision.
(c)
Notice of the director’s decision shall be given in the same manner as provided in Section 23.59.040.
(O-2013-03 § 12, 2013)
§ 23.59.090 Expiration of grants of reasonable accommodation.
Any modification granted for an individual with a disability shall be a personal accommodation for the individual applicant and shall not run with the land, unless the director determines that it would be impractical to require the property to be returned to its previous condition once the disabled person no longer occupies the property. Prior to the issuance of a building permit or any other applicable permit for such modification, the permittee shall execute a notarized statement that permits the city to inspect the affected property at least annually to verify compliance with this chapter and with any applicable conditions of approval. Prior to any transfer of interest in the property, the permittee shall notify the transferee of the existence of the accommodation, the personal status of the accommodation and the requirements that the transferee must apply for a new accommodation as necessary. Except as otherwise provided by the director, as set forth herein, once such transfer takes effect, the accommodation shall have no further validity.
(O-2013-03 § 12, 2013)
§ 23.59.100 Appeal.
The decision of the director or the planning commission shall be subject to appeal pursuant to the procedures set forth in Section 23.75.050 of this Title 23.
(O-2013-03 § 12, 2013)
§ 23.59.110 Fee.
There shall be no fee for an application under this chapter.
(O-2013-03 § 12, 2013)
