It is the policy of the City to make, as provided in this Chapter,
reasonable accommodation in the application of its programs, including
Title 21's zoning and land-use laws, for disabled persons, to
the extent required under Federal and State disability laws. The purpose
of this Chapter is to establish a process for disabled persons to
submit and for the City to review a request for reasonable accommodation.
(Ord. 733 § 3, 2021)
For the purposes of this Chapter, unless otherwise apparent
from the context, certain words or phrases used in this Chapter are
defined as follows:
means the City of Indian Wells, California.
means a person who has a physical or mental impairment that
makes achievement of a major life activity difficult, as defined by
State and Federal disability laws; anyone who is regarded as having
such impairment; or anyone with a record of such impairment.
means providing persons with disabilities flexibility in
the application of City programs, including City land-use, zoning
and building regulations, policies, practices and procedures, or waiving
certain requirements when it is necessary to provide meaningful access
to City programs or to eliminate barriers to housing opportunities
for persons with disabilities.
(Ord. 733 § 3, 2021)
The Director of Community Development is the final authority on a request for reasonable accommodation relating to a requirement of Titles 16 (Building and Construction) and 21 (Zoning), and the Public Works Director is the final authority on a request relating to a requirement of any other part of the City's Municipal Code. Regardless of who the initial review authority is, a denial of a request may appealed by the requestor to a hearing officer. The hearing officer's decision is final.
(Ord. 733 § 3, 2021)
(a)
Eligible
Applicants.
(1)
A request for reasonable accommodation may be made by any person
with a disability, his or her representative, or a developer or provider
of housing or other services for persons with disabilities, when the
application of a City program, including a City land-use or building
regulation, policy, practice or procedure, acts as a barrier meaningful
access to City programs or to fair-housing opportunities for persons
with disabilities.
(2)
Federal and State disability laws afford no protection to persons
with or without disabilities whose tenancy presents a direct threat
to the persons or property of others. Determining whether someone's
tenancy poses such a direct threat must be made on an individualized
basis, however, and may not be based on general assumptions or speculation
about the nature of a disability.
(b)
Eligible
Request. A request for reasonable accommodation may include a modification
or exception to the practices, rules, or standards for a City program
or for the development, siting, and use of housing or housing-related
facilities that would eliminate regulatory barriers and provide a
person with a disability with meaningful access to City programs and
equal opportunity to housing of the person's choice.
(Ord. 733 § 3, 2021)
(a)
Requirements. An application for a request for reasonable accommodation is made to the review authority (see Section 1.24.030 above) on forms approved by the review authority and must be full and complete, including such data as may be prescribed by the review authority to assist in determining the validity of the request. Incomplete applications are not be accepted for filing.
(b)
Assistance
with Application. Upon request, the City will provide assistance to
a person needing assistance in making the request for reasonable accommodation
to ensure that the process is accessible to persons with disabilities.
(Ord. 733 § 3, 2021)
(a)
Application Review. The review authority will approve, approve with conditions, or deny a request for reasonable accommodation in accordance with the required findings in Section 1.24.070 (Required Findings).
(b)
Decision.
(1)
Decision Timing and Content. The review authority will issue a written decision on a request for reasonable accommodation within 30 days of receipt of a complete application. The written decision must explain in detail the basis of the decision under the required findings in Section 1.24.070 (Required Findings), give notice of the applicant's right to appeal the decision, and be sent to the applicant by certified or registered mail.
(2)
Request for Further Information. If necessary to reach a decision
on request for reasonable accommodation, the review authority may
request further information from the applicant consistent with State
and Federal disability laws and this Chapter, specifying in detail
the further information required. In the event that a request for
additional information is made, the 30 day period to issue a decision
under subsection (b)(1) (Decision Timing and Content) is stayed until
the applicant responds to the request.
(c)
Compliance
with other Regulations. An approved request for reasonable accommodation
does not affect any person's obligations to comply with all
other applicable regulations not at issue in the requested accommodation.
(4)
Confidentiality. Any information identified by
an applicant as confidential will be retained in a manner so as to
respect the privacy rights of the applicant and will not be made available
for public inspection, unless disclosure is otherwise required by
State or Federal law.
(Ord. 733 § 3, 2021)
Prior to approval of a request for reasonable accommodation,
the following findings must be made consistent with Federal and State
disability laws:
(a)
When
housing is the subject of the request for reasonable accommodation,
the housing will be used by a person with disabilities protected under
fair housing laws.
(b)
As
applicable, the requested accommodation is necessary to make housing
available to a person with disabilities protected under the fair housing
laws.
(c)
The
requested accommodation would not impose an undue financial or administrative
burden on the City.
(d)
The
requested accommodation would not require a fundamental alteration
in the nature of the City's policies, practices or procedures,
including consideration of alternatives which may provide an equal
level of benefit.
(e)
The
requested accommodation will not result in a direct and significant
threat to the health or safety of other persons or substantial physical
damage to the property of others.
(Ord. 733 § 3, 2021)
(a)
The
action of the review authority is final unless appealed to within
10 working days. The notice of appeal must be in writing and, upon
receipt and filing of the appropriate appeal fee, the review authority
will schedule the appeal to be heard by a hearing officer within 30
days. The decision of the hearing officer is final.
(b)
Assistance
with Appeal. Upon request, the City will provide assistance to a person
needing assistance in filing an appeal to ensure that the appeals
process is accessible to persons with disabilities.
(Ord. 733 § 3, 2021)
The applicant may request modifications to the approved request
for reasonable accommodation. The application for modification must
be submitted, processed, and reviewed in the same manner as a new
application.
(Ord. 733 § 3, 2021)
(a)
Review
Authority and Findings. The review authority may make changes or revoke
the approval of applications when conditions of approval are violated,
it is necessary to resolve a nuisance, or when the application contained
incorrect, false, or misleading information.
(Ord. 733 § 3, 2021)
