Chapter 70.130
REQUESTS FOR REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT
Sections:
70.130.040 Application requirements.
70.130.050 Review authority and procedure.
70.130.060 Reasonable accommodation criteria and findings.
70.130.070 Appeal of determination.
70.130.010 Purpose.
This chapter provides a procedure to request 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 laws and other land use regulations, policies and procedures. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.020 Definitions.
“Acts” shall mean the Federal Fair Housing Act and the California Fair Employment and Housing Act.
“Building Official” means the Director of Community Development of the City of Coronado.
“Decision-making body” shall mean the City body which is authorized to approve the discretionary permit or other entitlement required to carry out the proposed project.
“Person with a disability” is: a person who has a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.030 Applicability.
A. A request for reasonable accommodation may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing to prevent the application of any zoning law or other land use regulation, policy, or practice of the City from acting as a barrier to fair housing opportunities. This section is intended to apply to those persons who are defined as disabled under the Acts.
B. A request for reasonable accommodation may include an application for a modification or exception to the application of zoning and building standards and use of housing or housing-related facilities in order to eliminate identifiable regulatory barriers to provide a person with a disability an equal opportunity to housing. Requests for reasonable accommodation shall be made in the manner prescribed by CMC 70.130.040. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.040 Application requirements.
A request for reasonable accommodation shall be submitted to the Community Development Department on application forms prescribed by the Community Development Department to include, but not be limited to, the following items:
A. Application form signed by the property owner or authorized agent;
B. The applicant’s name, address and telephone number;
C. The street address and assessor’s parcel number of the property for which the request is being made;
D. The current and proposed use of the property;
E. The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;
F. The zoning law, provision, building regulation or policy from which reasonable accommodation is being requested;
G. Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals;
H. Credible documentation shall be provided with respect to each element described above so that the City can fully evaluate the application and verify the factual basis underlying the need for the accommodation. The documentation shall be provided in a manner to permit the City to independently make this assessment;
I. Application fee established by City Council resolution. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.050 Review authority and procedure.
A. An application request for reasonable accommodation must be submitted with and processed concurrently with an application for the associated land use, building, or similar determination, whether such determination is ministerial or discretionary.
B. An application request for reasonable accommodation associated with a ministerial land use, building, or similar determination shall be reviewed by the Building Official. The Building Official shall make a written determination within 30 days and either grant, grant with modifications, or deny such a request for reasonable accommodation in accordance with CMC 70.130.060.
C. An application for reasonable accommodation associated with a discretionary land use, building, or similar determination shall be reviewed by the decision-making body which is authorized to approve the discretionary permit for the project. Notice and hearing shall be as required for the associated discretionary land use, building, or other determination. The decision-making body shall make a written determination and either grant, grant with modifications, or deny such a request for reasonable accommodation in accordance with CMC 70.130.060. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.060 Reasonable accommodation criteria and findings.
A. The Building Official or decision-making body may grant the requested accommodation or grant it with modifications if all of the following findings can be made:
1. The housing which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts;
2. The accommodation requested is reasonable and necessary to make specific housing available to the individual or group of individuals with disability or disabilities under the Acts;
3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the City; and
4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a City program or law including, but not limited to, land use and zoning.
B. The following criteria, among other factors, may be considered by the decision-making body or Building Official regarding the reasonableness of the requested accommodation:
1. Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit; and
2. Whether the requested reasonable accommodation substantially affects the physical attributes of the property or has impacts on surrounding properties that would fundamentally alter a City program or law.
C. The decision-making body or Building Official may impose any conditions of approval needed to ensure that the project complies with the required findings in subsection A of this section. Conditions may include, but are not limited to, ensuring that any removable structures or physical design features that are constructed or installed in association with a reasonable accommodation shall be removed once those structures or physical design features are no longer necessary to provide access to the dwelling unit for the current occupants.
D. If an application for reasonable accommodation is approved, the request shall be granted to an individual and shall not run with the land unless it is determined that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, or (2) the accommodation is to be used by another individual with a disability. (Ord. 2063 § 18 (Exh. P), 2016)
70.130.070 Appeal of determination.
The decision of the Building Official or decision-making body to grant, grant with modifications, or deny a request for reasonable accommodation shall become final 10 calendar days after the notice of decision unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2063 § 18 (Exh. P), 2016)