Coalinga Municipal Code Art. 11 Reasonable Accommodation Procedure

The purpose of this chapter is to establish a clear procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning and building laws and other land use regulations, policies, and procedures.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(b) An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

(c) 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 for 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.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Notice to the public of availability of accommodation process. Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall also be available to the public in the City's Community Development Department.

(b) Requesting reasonable accommodation.

(1) In order to make housing available to an individual with a disability, any eligible person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

(2) Requests for reasonable accommodation shall be in writing and provide the following information:

a. Name and address of the individual(s) requesting reasonable accommodation;

b. Name and address of the property owner(s);

c. Address of the property for which accommodation is requested;

d. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

e. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

(3) Any information 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.

(4) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(5) If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible.

(c) Reviewing authority.

(1) Requests for reasonable accommodation shall be reviewed by the "reviewing authority."

(2) The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation.

(3) If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

(d) Required findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on 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 defined under the Acts, and;

(4) The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning or building laws, policies, and/or procedures, as defined under the Acts.

(e) Written decision on the request for reasonable accommodation.

(1) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings as set forth in Section 9-6.1103(d), Required Findings. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

(2) The written decision of the reviewing authority shall be final unless an applicant appeals it to the City's Planning Commission.

(3) If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period.

(4) 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.

(f) Appeals.

(1) Within thirty (30) days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

(2) If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.

(3) All appeals shall contain a statement of the grounds for the appeal. Any information 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.

(4) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)