Chapter 9.104 — REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES

• A. The purpose of this chapter is to comply with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act by providing all people with disabilities reasonable accommodations in certain residential development standards for the purpose or providing such persons with an equal opportunity to use and enjoy a dwelling they occupy or intend to occupy.

• B. Accommodations granted pursuant to this chapter are intended to benefit only those people with disabilities for which the accommodations were granted pursuant to this chapter.

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

A notice advising people with disabilities or their representatives that they may request accommodations from the city's residential development standards in accordance with the procedures established in this chapter shall be publicly displayed at the planning and building public counters in a place accessible and/or visible to the general public. (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. Any person with a disability may submit an application for accommodations in the city's residential development standards by submitting an application to the city planner or his or her designee on a form provided by the city.

• B. The following information shall be provided:

  1. The applicant's name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;

  2. Notarized written consent of the owner of the subject property if the applicant is not the owner;

  3. The address of the property for which the request is being made;

  4. The specific zoning code, law, regulation, procedure or policy from which relief is sought;

  5. An explanation of why the specified zoning law or regulation is preventing or will prevent the applicant's use and enjoyment of the dwelling;

  6. The nature of the accommodation requested; and

  7. The basis for the claim that the applicant qualifies as a person with a disability pursuant to the Cathedral City Municipal Code.

• C. There shall be no filing fee imposed in connection with an application filed pursuant to this section.

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. Notice of the filing of an application shall be mailed to the owners of record of all properties immediately adjacent to the property which is subject of the application.

• B. The notice shall set forth the address of the subject property, the specific zoning code, law, regulation, procedure or policy from which relief is being requested and the nature of the accommodation requested. The notice shall also inform the property owners that they may contact the city planner or his or her designee in order to request written notice of any decisions made or hearings scheduled regarding the application.

• C. Any property owner making a request of such written notice shall be deemed an "interested person" for purposes of this chapter.

• D. The applicant shall bear the costs of the mailing.

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

The city planner or his or her designee shall have the authority to consider and act on all applications filed pursuant to this chapter.

(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. The city planner or his or her designee shall approve an application upon a showing of all of the following:

  1. That the applicant is a person with a disability within the meaning of Cathedral City Municipal Code Section 17.03.41(b) (Zoning Ordinance);

  2. That the subject dwelling is, or is intended to be, occupied by the applicant and the owner has provided the requisite notarized written consent to submit the application;

  3. That the requested accommodations are necessary to afford the applicant an equal opportunity to use and enjoy a dwelling which he or she occupies or intends to occupy;

  4. That the requested accommodations are reasonable and will not impose an undue financial hardship or administrative burden on the city; and

  5. That the requested accommodations will not require a fundamental alteration of the city's zoning or building laws, policies and/or procedures.

• B. The following factors shall be considered in making a determination regarding the reasonableness of the requested accommodations:

  1. The special need created by the applicant's disability;

  2. The benefit to be bestowed upon applicant by granting the requested accommodations;

  3. The potential impact on adjacent properties;

  4. The physical attributes of the property and structures;

  5. Any health or safety concerns created by the requested accommodations; and

  6. The availability of reasonable alternative accommodations which may provide an equivalent level of benefit.

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. If an applicant needs assistance in completing the application or appealing the city's notice of determination, the city shall provide the assistance necessary to ensure that the process is accessible to the applicant.

• B. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. The city planner shall issue a written notice of determination within thirty days of the date of receipt of a completed application and may (1) grant the application, (2) grant the application subject to specified nondiscriminatory conditions, or (3) deny the request.

• B. The notice of determination shall give notice of the right to appeal and the right to request reasonable accommodations in the appeals process.

• C. A copy of the notice of determination shall be sent by certified mail, return receipt requested, to the applicant and to all interested persons.

• D. If necessary to reach a determination on the application, the city planner may request further information from the applicant consistent with this chapter specifying in detail what information is required.

• E. In the event a request for further information is made, the thirty day period to issue a notice of determination shall be stayed until the applicant responds to the request.

(Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. Any person aggrieved by the notice of determination may file an appeal with the city planner of any determination or any condition or limitation imposed therein.

• B. Said appeal shall be filed within ten days from the date of service of said notice.

• C. Any appeal not timely filed shall be rejected.

• D. An appeal filed pursuant to this section shall be in writing and shall contain the following information:

  1. The applicant's name, mailing address and daytime phone number(s) (and/or representatives) if so applicable;

  2. Address of the property for which the request is being made; and

  3. A brief statement in ordinary and concise language of the relief sought.

• E. A filing fee in an amount established by city council resolution must be paid to the city at or prior to the time of the filing of the appeal.

• F. Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

• G. Failure to timely and properly file an appeal of the notice of determination shall constitute a waiver of all rights to an administrative appeal hearing.

• H. Within three days after the city has determined that a timely and complete appeal of a notice of determination has been filed, the city planner shall provide written notice by first class mail or facsimile to the Desert Bar Association requesting a hearing officer.

• I. The Desert Bar Association will provide to the city planner and the person or entity who filed the appeal a notice listing three randomly selected names of hearing officers who are practicing and retired attorneys and judges who have agreed to join a panel from which hearing officers are selected by the Desert Bar Association. Each party shall have the opportunity to reject one of the three proposed hearing officers provided by the Desert Bar Association. In the event that two out of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the remaining hearing officer shall become the selected hearing officer for purposes of presiding over that particular hearing. In the event that only one or none of the three listed hearing officers are rejected by the parties to the hearing by the deadline stated in the notice, the first hearing officer on the top of the list who has not been rejected shall become the selected hearing officer for purposes of presiding over that particular hearing. Once the hearing officer is selected, the city shall contact said officer to schedule a date, time, and location for the hearing.

• J. As soon as practicable, but allowing sufficient time for providing notice of the hearing as required by this chapter, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the city planner of the same. The city planner shall prepare a notice of administrative appeals hearing ("hearing notice"), which shall be in substantially the same form as follows:

soon as practicable, but allowing sufficient time for providing notice of the hearing as required by this chapter, the hearing officer shall fix a date, time and place for the hearing of the appeal and shall instruct the city planner of the same. The city planner shall prepare a notice of administrative appeals hearing ("hearing notice"), which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the Administrative Hearing Officer at _____ on the _____day of _____, 20 at the hour of _____. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all

witnesses. You are entitled to request reasonable accommodation in the procedure by which an appeal will be conducted.

• K. The city planner shall cause a copy of the hearing notice to be provided to each appellant and interested person either by causing a copy of said notice to be delivered personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant and to all other interested persons.

• L. The city planner shall prepare an administrative hearing packet for the hearing officer to review prior to the hearing. The packet shall include a copy of the notice of determination, a staff report and all other applicable evidence.

• M. At the appeals hearing, the hearing officer shall hear any evidence offered either in support of appellant's claim or in support of the notice of determination provided such evidence is relevant to the issues of the hearing. The hearing officer has the authority to determine the relevance of any evidence to the hearing. The hearing officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

• N. If appellant fails to attend the scheduled appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing.

• O. Each party appearing at the hearing shall have the following rights: (a) to call and examine witnesses; (b) to introduce documentary and physical evidence; (c) to cross-examine opposing witnesses; (d) to impeach any witness regardless of which party first called the witness to testify; (e) to rebut evidence; and (f) to be represented by anyone who is lawfully permitted to do so.

• P. Following the appeal hearing, the hearing officer may decide to uphold the notice of determination or overturn the city's findings, in whole or in part. The hearing officer shall prepare and serve a written notice of decision upon the appellant, the city planner, and all interested persons following the appeals hearing.

• Q. The decision of the hearing officer shall be final. (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)

• A. Any accommodations granted pursuant to this chapter are intended to benefit only the applicant and such accommodations shall not be considered covenants, conditions, restrictions or benefits that run with the land.

• B. Upon the intended permanent vacation or abandonment of the subject dwelling by the applicant, for a period of ninety days or more, the subject dwelling shall be deemed a nonconforming structure and/or nonconforming site improvement and shall be subject to the provisions set forth in Chapter 9.66 .

• C. Any person with a disability who intends to occupy or occupies a nonconforming structure and/or nonconforming site improvement, as described in this section, may submit an application for accommodations in the city's residential development standards pursuant to this chapter for the same accommodations and/or additional accommodations for which they may qualify. Any accommodations previously granted which are not granted to a subsequent applicant shall maintain the designation of a nonconforming structure and/or nonconforming site improvement and shall continue to be subject to the provisions set forth in Chapter 9.66 .

• (Ord. 561 § 2, 2002; Ord. 862 § 2, 2022)