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HomeMy WebLinkAboutPC Resolution 10-20 - (TA Reasonable Accommodation)RESOLUTION P.C. 10-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE TO ADD PROVISIONS FOR ‘REASONABLE ACCOMMODATION’ FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: Section 1. The Planning Commission held a duly noticed public hearing on December 1, 2010 to consider an amendment to the zoning code to add provisions for ‘reasonable accommodation’ for persons with disabilities seeking equal access to housing (TEXT 10-9) Section 2. Based on the evidence presented in the Staff Report and considered at the public hearing, the Planning Commission finds the amendment is necessary to comply with the federal Fair Housing Amendments Act of 1988, California’s Fair Employment and Housing Act, and Housing Element law which prohibit discrimination against individuals with disabilities in housing and require that cities and counties take affirmative action to eliminate regulations and practices that deny equal housing opportunities to individuals with disabilities, and that the proposal will implement draft Housing Element Program 7. Section 3. The Planning Commission hereby recommends the City Council approve the following amendment to the Hermosa Beach Municipal Code: 1. Section 17.42.110 is added to Title 17, Chapter 17.42 of the Hermosa Beach Municipal Code to read as follows: 17.42.110 Housing Accessibility--Reasonable Accommodation for Disability. A. Purpose and Applicability. 1. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means “Fair Housing Amendments Act of 1988" (42 U.S.C. § 3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604 (f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927 (c)(1) and 12955 (l), as any of these statutory provisions now exist or may be amended from time to time. 2. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. 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, as those terms are defined in the Fair Housing Laws. 3. A request for reasonable accommodation may include 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. Requests for reasonable accommodation shall be made in the manner prescribed by this section. 4. It is the intent of this ordinance 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. 1 B. Application Submittal. 1. Any person with a disability may request a reasonable accommodation on a form supplied by the Community Development Department including the following information, accompanied by a fee established by resolution of the City Council: a. The applicant's or representative’s name, mailing address and daytime phone number; b. The address of the property for which the request is being made; c. The specific code section, regulation, procedure or policy of the City from which relief is sought; d. A site plan or illustrative drawing showing the proposed accommodation; e. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant's use and enjoyment of the subject property; f. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence; g. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City; h. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; i. Any other information required to make the findings required by subsection D of this Section consistent with the Fair Housing Laws. 2. 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; conditional use permit, precise development plan, etc.), then the applicant shall file the application submittal information together with the application for discretionary approval for concurrent review. 3. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 4. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. C. Reviewing Authority. 1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee, if no approval is sought other than the request for reasonable accommodation. The Director may, in his/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) to the Planning Commission at the next meeting at which the matter may be heard. 2. Applications for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. D. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made: 1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; 2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City; and 4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures 2 E. Decision. 1. The Director shall consider an application, and issue a written determination within forty (40) calendar days of the date of receipt of a completed application. At least ten (10) calendar days before issuing a written determination on the application, the Director shall mail notice to the applicant and any adjacent property owners that the City will be considering the application and inviting written comments on the requested accommodation. 2. After 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 forty (40) calendar days after such public meeting. 3. Notice of a Planning Commission meeting to review and act on the application shall be made in writing, ten (10) calendar days prior to the meeting and mailed to the applicant and the adjacent property owners. 4. 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 reasonably responds to the request. 5. The review authority’s written decision shall set forth the findings, any conditions of 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 Community Development Director to any person having provided written or verbal comment on the application. 6. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Section. The reasonable accommodation may include conditions that the accommodation shall only be applicable to particular individual(s) or property, or that any change in use or circumstances that negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible. 7. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below. 8. 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. 9. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. F. Appeals. 1. The decision of the Community Development Director on a reasonable accommodation may be appealed to the Planning Commission within ten (10) calendar days of the Director’s issuance of a written decision. 2. The decision of the Planning Commission on a reasonable accommodation may be appealed to the City Council within ten (10) calendar days of the Planning Commission’s issuance of a written decision. 3. The appeal shall be made in writing including a statement of the grounds for appeal, and accompanied by a fee established by resolution of the City Council. 4. 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 sixty (60) 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. 5. The City shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least ten (10) calendar days prior to the hearing. The appeal authority shall announce its findings within forty (40) calendar days of the hearing, unless 3