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.
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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:
"Acts"
means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.
"Applicant"
means an individual (or designee) who files a request for reasonable accommodation pursuant to this chapter.
"Director"
means the Director of the Planning and Building Department.
"Disabled individual"
means 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.
"Reasonable accommodation"
means 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.
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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.
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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 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 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.
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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.
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 through D of this section, 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.
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Approval of a reasonable accommodation shall become effective 10 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 Huntington Beach Zoning and Subdivisions Code.
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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.
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