The Draft Reasonable Accommodation Ordinance, which implements a program in the 2008-2014 ...

186 Pages·2011·1.59 MB·English

August 30, 2011
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012

Dear Supervisors:
HEARING ON AMENDMENT TO TITLE 21 (SUBDIVISION CODE) AND TITLE 22 (PLANNING
AND ZONING) OF THE LOS ANGELES COUNTY CODE RELATED TO REASONABLE
ACCOMMODATION (ALL DISTRICTS) (THREE VOTES)
SUBJECT
The Draft Reasonable Accommodation Ordinance, which implements a program in the 2008-2014
Los Angeles County Housing Element, amends the Los Angeles County Code to create a procedure
for individuals with disabilities to request reasonable accommodation from land use and zoning
standards or procedures, when those standards or procedures are a barrier to equal housing
access.
IT IS RECOMMENDED THAT YOUR BOARD AFTER THE PUBLIC HEARING,
1. Consider the attached Draft Negative Declaration together with any comments received during
the public review process, find on the basis of the whole record before the Board that there is no
substantial evidence that the project will have a significant effect on the environment, find that the
Draft Negative Declaration reflects the independent judgment and analysis of the Board, and adopt
the Draft Negative Declaration; and
2. Approve the recommendation of the Regional Planning Commission to amend the County Code
to include an administrative procedure for individuals with disabilities to request reasonable
accommodation, as outlined in the attached Draft Reasonable Accommodation Ordinance; and
3. Instruct County Counsel to prepare an ordinance to amend Title 21 and Title 22, as
recommended by the Regional Planning Commission.
The Honorable Board of Supervisors
8/30/2011
Page 2
PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
On August 5, 2008, the Board of Supervisors adopted the Fourth Revision of the Housing Element.
The Draft Ordinance implements Program 2: Removal of Governmental Constraints of the Housing
Element, which addresses rules and regulations that may constrain the development of housing
affordable to low and moderate income households and households with special needs.
The Draft Ordinance amends Title 21 and Title 22 of the Los Angeles County Code to include an
administrative procedure for individuals with disabilities to request reasonable accommodation, or a
waiver or modification to regulations, policies procedures and standards, that may be necessary for
an individual with a disability to have an equal opportunity to use and enjoy a residential use. State
and federal fair housing laws require that cities and counties provide this flexibility where the
requested accommodation is reasonable and necessary. Some examples include permitting a
wheelchair ramp in a required setback area or allowing extra time for an applicant to submit
materials. The Draft Ordinance, which applies to all unincorporated areas of Los Angeles County,
provides a procedure to review requests for reasonable accommodations for all regulations, policies,
practices and procedures regulated by the Department of Regional Planning (Department).
The Draft Ordinance provides a fair and reasonable means of accommodating the special housing
needs of individuals with disabilities, without compromising the County’s commitment to protecting
community character and environmental quality. A request for a reasonable accommodation is
evaluated on a case-by-case basis, using findings specified in the state and federal law. A request
for a reasonable accommodation will be approved or denied pursuant to the following findings: that
the accommodation requested is intended to be used by an individual with a disability who resides or
will reside on the property; that the requested accommodation is necessary to afford an individual
with a disability equal opportunity to use and enjoy a residential use; that the requested
accommodation will not impose an undue financial burden or administrative burden on the County;
and the requested accommodation will not require a fundamental alteration in the nature of the land
use and zoning program of the County. In addition, determinations on reasonable accommodations
are appealable by any person; however, the appeals are limited to the findings for reasonable
accommodations. After a reasonable accommodation has been granted, an applicant is required to
record the findings of reasonable accommodation with the County Recorder’s office, in order to
ensure proper use and enforcement.
Furthermore, the Draft Ordinance provides a clear reasonable accommodation procedure for staff
and members of the public. For example, the Draft Ordinance specifies that a reasonable
accommodation may be requested by an individual with a disability or someone acting on his or her
behalf, such as a personal advocate, or a provider or developer of housing for individuals with
disabilities. The State Attorney General issued a letter in May 2001 advising local governments of
their affirmative duty under fair housing laws to provide reasonable accommodation and encouraging
local governments to establish prompt and efficient processes for handling such requests.
Implementation of Strategic Plan Goals
The Draft Reasonable Accommodation Ordinance promotes the County’s Strategic Planning Goal 1:
Organizational Effectiveness, by addressing regulatory barriers to the development of housing for
individuals with disabilities. The Draft Ordinance also addresses Goal 2: Children, Family and Adult
Well-Being, by providing equal opportunities for those with special needs. In addition, the Draft
Ordinance helps to “promote a wide range of housing opportunities to meet the needs of … those
The Honorable Board of Supervisors
8/30/2011
Page 3
with special needs,” which is Strategy 4 under Goal 3: Community and Municipal Services. The
Draft Ordinance also implements the Los Angeles County Housing Element, which is Objective 2 of
Goal 3, Strategy 4.
FISCAL IMPACT/FINANCING
Implementation of the Draft Reasonable Accommodation Ordinance will not result in a loss of
revenue to the County or add significant new costs to the Department of Regional Planning or other
County departments.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The State Housing Element Law (Government Code Sections 65580-65589.8) requires local
jurisdictions to address and analyze the housing needs of special needs populations, including
individuals with disabilities, as well as provide a program for granting reasonable accommodations.
The Draft Ordinance implements Program 2: Removal of Governmental Constraints of the Housing
Element of the Los Angeles County General Plan, which addresses rules and regulations that may
constrain the development of housing affordable to low and moderate income households and
households with special needs. Failure to implement the Housing Element puts the County at risk of
losing its State certification.
Federal Fair Housing Amendments Act of 1988 (FHAA) and the California Fair Employment and
Housing Act (FEHA), define discrimination as, among other things, a refusal to make reasonable
accommodations in rules, policies, practices, or services, when these accommodations may be
necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling.
The Draft Ordinance is consistent with the County’s “Analysis of Impediments to Fair Housing
Choice,” which includes a recommendation to adopt a procedure for reasonable accommodation.
The U.S. Department of Housing and Urban Development’s (HUD) requires that local jurisdictions
utilizing Community Development Block Grant (CDBG) funds analyze impediments to fair housing.
The Draft Reasonable Accommodation Ordinance is in conformance with the purpose, intent and
provisions of the Los Angeles County General Plan. Specifically, the Draft Ordinance supports
Housing Availability Goal 1 and Housing Affordability Goal 3 in the Housing Element, as well as
Conserve Resources and Enhance Environmental Quality Policy 22 in the Land Use Element.
The Regional Planning Commission conducted public hearings on the Draft Reasonable
Accommodation Ordinance on February 23, April 27, and May 25, 2011. One member of the public
testified in support of the Draft Ordinance. On May 25, 2011, the Regional Planning Commission
voted to approve the Draft Ordinance and environmental documents.
A public hearing is required pursuant to Section 22.16.200 of the County Code and Sections 65353-
65356 of the Government Code. Required notice must be given pursuant to the procedures and
requirements set forth in Section 22.60.174 of the County Code. These procedures exceed the
minimum standards of Section 65090 of the Government Code relating to notice of public hearing.
ENVIRONMENTAL DOCUMENTATION
The Honorable Board of Supervisors
8/30/2011
Page 4
The staff has prepared a Draft Initial Study and Negative Declaration for the proposed amendments
to Title 21 and Title 22 in compliance with the California Environmental Quality Act (CEQA) and the
environmental reporting procedures of the County of Los Angeles.
Copies of the Draft Initial Study and Negative Declaration were transmitted to all County libraries for
public review. Public notice was also published in 12 newspapers, including one Spanish language
newspaper, of general circulation in the unincorporated areas of Los Angeles County, on or before
January 24, 2011. The notice was also posted in the Los Angeles County Register-Recorder/County
Clerk’s office.
The staff has received letters from the Sheriff’s Department and the Fire Department regarding the
environmental documentation. Neither Department had comments on the determination.
Based on the attached Draft Negative Declaration, the adoption of the Draft Reasonable
Accommodation Ordinance will not have a significant effect on the environment.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
Approval of the Draft Reasonable Accommodation Ordinance will improve planning services by
clarifying and facilitating a procedure to request and grant reasonable accommodations.
Respectfully submitted,
RICHARD J. BRUCKNER
Director
RB:JS:CC:GS
Enclosures
c: Chief Executive Officer
County Counsel
Executive Officer, Board of Supervisors

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO ADOPT AN ORDINANCE RELATING TO REASONABLE
ACCOMMODATIONS FOR PERSONS WITH DISABILITIES

WHEREAS, the Board of Supervisors of the County of Los Angeles has conducted a
public hearing on the matter of an ordinance amending Title 21 (Subdivisions) and Title
22 (Planning and Zoning) of the Los Angeles County Code relating to reasonable
accommodations for persons with disabilities, on August 30, 2011.

WHEREAS, the Board finds as follows:
1. The Fair Housing Amendments Act of 1988 and the California Fair Employment
and Housing Act prohibit cities and counties from discriminating against
individuals with disabilities through land use and zoning decisions and
procedures. Discrimination includes the failure or refusal to provide reasonable
accommodation to rules, policies, practices, and procedures where such
accommodation may be necessary to afford individuals with disabilities equal
opportunity to housing.

2. On August 5, 2008, the Los Angeles County Board of Supervisors adopted the
2008-2014 Los Angeles County Housing Element. The Housing Element
contains a program, Program 2: Removal of Governmental Constraints, to
amend the zoning code to include a procedure for granting reasonable
accommodation.

3. The proposed ordinance supports Housing Availability, Goal 1 of the 2008-2014
Los Angeles County Housing Element: “a wide range of housing types in
sufficient supply to meet the needs of current and future residents, particularly
persons with special needs, including but not limited to low income households,
seniors, persons with disabilities, single-parent households, the homeless and at-
risk homeless, and farmworkers,” in that it provides a process to request and
obtain reasonable accommodation to rules, policies, practices, and procedures
where such accommodation may be necessary to afford individuals with
disabilities equal opportunity to housing.

4. The proposed ordinance supports Housing Affordability, Goal 4 of the 2008-2014
Los Angeles County Housing Element: “a housing delivery system that provides
assistance to those with low and moderate incomes and those with special
needs,” in that it provides a systematic procedure for providing reasonable
accommodation to rules, policies, practices, and procedures where such
accommodation may be necessary to afford individuals with disabilities equal
opportunity to housing.

5. The proposed ordinance supports Equal Opportunity, Goal 1 of the Los Angeles
County Housing Element: “accessibility to adequate housing for all persons
without discrimination in accordance with federal and state fair housing laws,” in
that it provides a procedure consistent with the Federal Fair Housing
Amendments Act of 1988 and the California Fair Employment and Housing Act.
6. The proposed ordinance supports General Policies, Human Resources
Development, Goal 1 of the 1980 General Plan: “eradicate discrimination in
housing, jobs and income, education, recreation, and other facets of living; and
guarantee equal opportunity in order to promote individual and group
development,” in that it facilitates fair housing access.

7. The proposed ordinance supports General Policies, Human Resources
Development, Goal 3 of the 1980 General Plan: “maximize individual and family
self-support and reduce the need for institutional treatment of needy, disabled,
and handicapped people by providing adequate services and facilities in the
community,” by providing a process to request and obtain reasonable
accommodation to rules, policies, practices, and procedures where such
accommodation may be necessary to afford individuals with disabilities equal
opportunity to housing

8. The proposed ordinance supports General Policies, Housing and Community
Development, Goal 46 of the 1980 General Plan: “promote open and free choice
of housing for all,” in that it provides a procedure for persons with disabilities to
obtain fair housing access.

9. The proposed ordinance is consistent with the Federal Fair Housing
Amendments Act of 1988 and the California Fair Employment and Housing Act
by providing a process to request reasonable accommodation at no
cost, because there is no fee associated with the procedure.

10. An initial study was prepared for the proposed ordinance in compliance with the
California Environmental Quality Act, which demonstrates that there is no
substantial evidence that the amendments will have a significant impact on the
environment. Based on the initial study, the Department of Regional Planning
has prepared a Negative Declaration for this project.

11. Upon notice duly provided pursuant to California Government Code §65090 and
22.64.174 of the Los Angeles County Code, the Regional Planning Commission
held a public hearing on the Draft Reasonable Accommodation Ordinance on
February 23, April 27, and May 25, 2011. The Regional Planning Commission
approved the Ordinance and associated Negative Declaration and recommended
adoption by the Board of Supervisors.

THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Los
Angeles:

1. Considers the proposed Negative Declaration that was prepared for the Draft
Reasonable Accommodation Ordinance, certifies that it has been completed in
compliance with the California Environmental Quality Act (CEQA) and the State
and County guidelines related thereto, finds on the basis of the whole record
before it that there is no substantial evidence that the Draft Reasonable
Accommodation Ordinance will have a significant effect on the environment and
that the Negative Declaration reflects the independent judgment and analysis of
the County, and adopts the Negative Declaration; and

2. Finds that the procedure contained in the Draft Ordinance is consistent with the
Los Angeles County General Plan; and

3. Adopts the Draft Ordinance and amends Title 21 (Subdivisions) and Title 22
(Planning and Zoning) of the Los Angeles County Code related to reasonable
accommodations for persons with disabilities.

The foregoing resolution was on the ______ day of ______________, 2011, adopted by
the Board of Supervisors of the County of Los Angeles and ex officio the governing
body of all other special assessment and taxing districts, agencies and authorities for
which said Board so acts.

_______________________
SACHI A. HAMAI
Executive Officer – Clerk of the Board of
Supervisors of the County of Los Angeles

APPROVED AS TO FORM:

ANDREA ORDIN
County Counsel
By __________________________
Deputy
DEPARTMENT OF REGIONAL PLANNING

PROJECT SUMMARY

PROJECT IDENTIFICATION: Proposed amendments to Title 21 (Subdivisions) and
Title 22 (Planning and Zoning) of the Los Angeles
County Code relating to reasonable
accommodations for individuals with disabilities.

REQUEST: Adoption of the Draft Ordinance amending Titles 21
and 22.

LOCATION: Countywide

STAFF CONTACT: Gretchen Siemers at [phone]

RPC MEETING DATES: February 23, April 27, May 25, 2011

RPC RECOMMENDATION: Board public hearing to consider adoption of the
Draft Ordinance.

MEMBERS VOTING AYE: Commissioners Valadez, Louie and Pedersen

MEMBERS ABSENT: Commissioners Modugno and Helsley

KEY ISSUES: The Draft Ordinance implements Program 2 of the
2008-2014 Housing Element of the General Plan.
Reasonable accommodation means a waiver or
modification to regulations, policies, procedures and
standards that may be necessary for an individual
with a disability to have an equal opportunity to use
and enjoy a residential use.

MAJOR POINTS FOR: State and federal law mandate that local
governments provide reasonable accommodation for
individuals with disabilities. Adopting an ordinance
codifies and clarifies the procedure for both the
public and County staff.

Failure to implement the Housing Element makes the
County vulnerable to legal challenges and at risk of
losing its Housing Element certification from the
State.

The Draft Ordinance contains provisions, such as
Executive Summary 7/29/11