Menifee Zoning Code Ch. 9.85 Reasonable Accommodation

Contents:

9.85.010 Purpose

9.85.020 Applicability

9.85.030 Application and Required Fees

9.85.040 Approving Authority

9.85.050 Public Hearing and Notice

9.85.060 Conditions of Approval

9.85.070 Findings for Approval

9.85.080 Notice of Decision

9.85.090 Effective Date

9.85.100 Appeals

9.85.110 Expiration

9.85.120 Extension of Time

9.85.130 Modifications

9.85.140 Consideration Factors

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

1. Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Reasonable Accommodation shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, alter, or deny applications for a Reasonable Accommodation. The designated authority shall make a determination on the application for Reasonable Accommodation within 30 days from receipt of the application. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30-day time period for making a determination on the application shall be suspended until the additional information is provided. If the approving authority fails to make a determination within the effective 30 days, the application shall be deemed approved. 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.

No public hearing is required prior to taking action on an application for a Reasonable Accommodation.

In approving an application for a Reasonable Accommodation, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.

Prior to approving an application for Reasonable Accommodation, the approving authority shall make all the following findings:

1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.
2. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.
3. The requested accommodation would not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in fair housing laws.
4. The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.
5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of the public, including an "Attractive Nuisance," "Fire Hazard," or "Public Nuisance" as defined by Section 11.20.010 Definitions of the Menifee Municipal Code.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Written notice of decision shall be provided within three business days of the date of decision to the applicant by certified mail and to interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Director.
2. The action taken by the Director.
3. Findings as listed for the permit.
4. The deadlines, criteria and fees for filing an appeal.

Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals), except that the period for filing an appeal of an action taken on an application for a Reasonable Accommodation shall be 30 days from the date of decision.

Reasonable Accommodations shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions).

The expiration date of a Reasonable Accommodation may be extended in accordance with Subsection 9.30.110.C (Permit Extensions).

Modifications to an approved Reasonable Accommodation shall be processed as a new application.

1. Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

2. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;

3. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

4. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and

5. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

6. Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program:

7. Whether the requested accommodation would fundamentally alter the character of the neighborhood;

8. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;

9. Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan; and

10. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.