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HomeMy WebLinkAboutOrdinance #3971 ORDINANCE NO. 3971 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.77 THERETO ENTITLED "REASONABLE ACCOMMODATION PROCEDURES" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended to add new Chapter 17.77 thereto, entitled"Reasonable Accommodation Procedures,"to read as follows: Chapter 17.77 REASONABLE ACCOMMODATION PROCEDURES Sections 17.77.010 Purpose 17.77.020 Definitions 17.77.030 Applicability 17.77.040 Procedures Established 17.77.050 Findings 17.77.060 Appeals 17.77.070 Fee 17.77.010 Purpose. It is the policy of the City of Huntington Beach, pursuant to the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this Chapter is to establish procedures for individuals with disabilities to make requests for reasonable accommodation in the application of the City's land use, zoning and building standards, regulations, policies and procedures and to establish criteria for consideration of such requests. 17.77.020 Definitions. For the purposes of this Chapter, the following terms shall have the respective meanings as set forth herein, unless the context in which they are used clearly indicates to the contrary: (a) Acts: The Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. (b) Applicant: An individual (or designee) who files a request for reasonable accommodation pursuant to this Chapter. (c) Director: Shall mean the Director of Planning and Building Department. 12-3585.001/90551 1 Ordinance No. 3971 (d) Disabled Individual: Any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person's major life activities, as those terms are defined in the California Fair Employment and Housing Act (Government Code Section 12900 et seq) and Federal Fair Housing Amendments Act. (e) Reasonable Accommodation: A modification or exception to the standards, regulations, policies and procedures of the City of Huntington Beach for the siting, development and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide a disabled individual equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the City. 17.77.030 Applicability. To make specific housing available to a disabled individual, any person may request reasonable accommodation pursuant to this Chapter to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation may be made on any property zoned or used for housing and may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A request for reasonable accommodation shall be made by filing an application with the Planning and Building Department. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible. 17.77.040 Procedures Established. A. Application. Requests for reasonable accommodation shall require approval of an Administrative Permit and require submittal of a General Planning Application form and accompanying submittal materials as required by the Planning and Building Department. In addition, the application shall include the following information: 1. The basis for the claim that the individual is considered disabled under the Acts. However, any information related to disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 2. A description of the reasonable accommodation request and the zoning or building standard, regulation, policy or procedure from . which the reasonable accommodation is being requested. 3. A statement why the reasonable accommodation request is necessary for the disabled individual to use and enjoy the dwelling. B. Review with Other Land Use Applications. If the project for which the application for reasonable accommodation is being made requires approval of one or more entitlements pursuant to the provisions of this Code, then the applicant shall file the application for reasonable accommodation concurrent with the application for any other 12-3585.001/90551 2 Ordinance No. 3971 entitlement(s). A reasonable accommodation request does not affect or negate an applicant's obligations to comply with other applicable regulations that are not the subject of the requested accommodation. A request for reasonable accommodation itself shall not require submittal of a variance request. C. Review Authority. A request for reasonable accommodation shall be reviewed and acted upon by the Director if no other entitlement is required. Requests for reasonable accommodation submitted concurrent with other entitlement(s) shall be reviewed and acted upon by the reviewing body with authority over the other discretionary entitlement(s). D. Public Notification. A request for reasonable accommodation shall require notification to adjacent property owners if the request affects a required setback. The applicant shall submit a copy of the notice mailed, a list of addresses given notice, and proof of mailing upon submittal of the application. The notice shall include the following information: 1. Name of applicant; 2. Location/address of reasonable accommodation request; 3. Nature of reasonable accommodation request; 4. Contact information including phone number and address for the City of Huntington Beach Planning and Building Department for viewing the application and submittal materials; and 5. The date by which any comments must be received in writing by the City. The applicant shall allow ten (10) working days from the date of mailing for adjacent properties to review and comment on the application. E. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by this Chapter. Conditions may include (but are not limited to) those that would ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary to afford the disabled individual for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. 17.77.050 Findings. A request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted,the reviewing authority finds that: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. 12-3585.001/90551 3 Ordinance No. 3971 B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to.the City's zoning or building laws, policies, or procedures. E. For housing located in .the coastal zone, a request for reasonable accommodation pursuant to this Chapter may be approved or conditionally approved by the City if, in addition to the Findings set forth in subsections A-D above, the reviewing authority finds that it is consistent with the City's certified Local Coastal Program and the California Coastal Act to the extent feasible, and there are no feasible alternatives for providing an accommodation at the dwelling that would provide greater consistency with the certified Local Coastal Program. 17.77.060 Anneals. Approval of a reasonable accommodation shall become effective ten days after action by the reviewing authority unless appealed. Appeals of decisions to approve, conditionally approve, or deny a reasonable accommodation request shall be made pursuant to the provisions of Title 24, Chapter 248 of the HBZSO. 17.77.070 Fee. Notwithstanding fees required for any other concurrent entitlements, there shall be no fee imposed in connection with an application for reasonable accommodation pursuant to the provisions of this Chapter. SECTION. 2 This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of March , 2013. 6XWej Mayor ATTEST: INITI D AND APP OVED: City Clerk UDire c or o Planning and Building REVIE D ND APPROVED: APPROVED AS TO FORM: anager rn WC /L�- City Attorney 12-3585.001/90551 4 Ord. No. 3971 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on February 19, 2013, and was again read to said City Council at a Regular meeting thereof held on March 4,2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw NOES: None ABSENT: Katapodis ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 14,2013. 46'1 In accordance with the City Charter of said City Joan L.Flynn, Ci W Clerk C Clerk and ex-officio �lerk kg*vf� �istant city clerk of the City Council of the City of Huntington Beach, California