A. 
The intent of this chapter is to provide flexibility in the application of the city's zoning and building code requirements for individuals with a disability when flexibility is necessary to eliminate barriers to housing opportunities. This chapter will facilitate compliance with fair housing laws and promote housing opportunities for residents of La Habra.
B. 
The purpose of this chapter is to establish a procedure for individuals with disabilities to make requests for a reasonable accommodation in the application of the city's land use, zoning and building laws, rules, policies, practices and procedures pursuant to fair housing laws to ensure equal access to housing.
(Ord. 1853, 12/18/2023)
Notice of the city's reasonable accommodation procedures along with the application form shall be displayed at public information counters of the planning and building and safety divisions and on the city's website. City employees shall direct individuals to such documents whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
(Ord. 1853, 12/18/2023)
A. 
In order to make housing available to an individual with a disability, any eligible person, as defined in this title, may request a reasonable accommodation in the city's land use, zoning, or building laws, rules, policies, practices and/or procedures by filing an application with the department.
B. 
The application shall include the following information:
1. 
Name and address of the individual(s) requesting reasonable accommodation;
2. 
Name and address of the property owner(s);
3. 
Address of the property for which accommodation is requested;
4. 
Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and
5. 
Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
C. 
If necessary to reach a determination on the request for reasonable accommodation, the city may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required.
D. 
Any information submitted as part of a reasonable accommodation request shall be kept 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.
E. 
If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
F. 
No filing fee shall be required.
(Ord. 1853, 12/18/2023)
A. 
A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.
B. 
If the project for which the request is being made also requires one or more discretionary approvals (including, but not limited to, design review, conditional use permit, variance, or subdivision), then, to the extent feasible, the applicant shall file the request for reasonable accommodation together with the related application for discretionary approval.
(Ord. 1853, 12/18/2023)
A. 
The chief building official shall have the authority to consider acts or request pertaining to the California Building Code. The planning manager or his/her designee shall have the authority to consider acts or request pertaining to this title. For purposes of this chapter, the chief building official and the planning manager or his/her designee will be referred to as "city staff".
B. 
City staff shall have the authority to consider and act on requests for reasonable accommodation and shall make reasonable accommodations in laws, rules, policies, practices, procedures, or services when those accommodations may be necessary to afford individuals with disabilities equal opportunities to use and enjoy housing opportunities.
C. 
City staff shall issue a written determination on a request for reasonable accommodation within a timely manner but no later than thirty days of the date of receipt of a completed application and may: (1) grant the accommodation request; (2) grant the accommodation request subject to specified nondiscriminatory conditions of approval; or (3) deny the request. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the applicant by first class mail or in a format reasonably requested by the applicant.
D. 
If necessary to reach a determination on the request for reasonable accommodation, city staff may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
E. 
For requests for a reasonable accommodation involving related applications for discretionary approval, the application shall be processed and considered separately from any discretionary elements of the same proposal. If the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approval(s), a "provisional decision" may be granted within the thirty-day time frame and shall become final at the same time as the discretionary approval(s). The applications for the discretionary approval(s) shall be separately considered and shall be subject to the procedures specified in the applicable chapter of this title. The appropriate decision-making body shall act on all discretionary permits, but not the reasonable accommodation request.
(Ord. 1853, 12/18/2023)
A. 
In order to grant a request for a reasonable accommodation, city staff shall make the following findings:
1. 
The housing which is the subject of the request for reasonable accommodation will be used by one or more individuals with disabilities protected under the fair housing laws.
2. 
The request for reasonable accommodation is necessary to make specific housing available to one or more individuals with disabilities protected under the fair housing laws.
3. 
The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.
4. 
The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.
If, based upon all of the evidence presented to city staff, the above findings may reasonably be made, city staff shall grant the requested reasonable accommodation.
B. 
None of the findings set forth in this section are intended to supersede any other findings which may be required for a discretionary permit that is reviewed concurrently with the request for reasonable accommodation.
(Ord. 1853, 12/18/2023)
A. 
For requests for reasonable accommodations not involving related land use permits, a decision by the chief building official shall become final ten calendar days after the date of decision.
B. 
For requests for reasonable accommodations involving related land use permits, a decision by the planning manager, or his/her designee, shall become final ten calendar days after the date of decision on the related land use permit or the date of denial of the provisional permit, whichever is later.
C. 
In the event that the last date of appeal falls on a weekend, holiday or when city offices are closed, the next date such offices are open for business shall be the last date of appeal.
(Ord. 1853, 12/18/2023)
A. 
Within ten days of the date of city staff's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
B. 
If an individual needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeal process is accessible.
C. 
All appeals shall contain a statement of the grounds for the appeal. Any information submitted as part of the appeal shall be kept 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.
D. 
Appeals shall be heard by the director within thirty days of filing an appeal. The director shall issue a written decision within ten days of the hearing and the decision shall be final.
E. 
Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
(Ord. 1853, 12/18/2023)
Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.
(Ord. 1853, 12/18/2023)