This chapter establishes the procedures to request reasonable accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any other entity, when the application of zoning law or other land use regulation, policy, or procedure acts as a barrier to fair housing opportunities.

B.

A 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 this type of impairment, or anyone who has a record of this type of impairment.

C.

A request for reasonable accommodation may include a change or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The city manager or designee shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter. Requests submitted for concurrent review with another discretionary land use application shall be reviewed by the review authority for the discretionary land use application.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

An application for a reasonable accommodation shall be prepared, filed, and processed in accordance with the provisions of the City of Corning. No noticing or public hearing are required for a reasonable accommodation request In addition to any other information required under the City of Corning Municipal Code, an applicant submitting a request for reasonable accommodation must provide the following information:

A.

Description of the accommodation request;

B.

The applicant's name, address, and telephone number;

C.

Location of the subject property, including address and assessor's parcel numbers;

D.

Name and address of the property owner and the owner's written consent to the application;

E.

The current actual use of the subject property;

F.

Verifiable documentation of the individual's disability status;

G.

The regulation(s), policy, or procedure for which accommodation is sought;

H.

Reason that the requested accommodation may be necessary for the individuals with the disability to use and enjoy the dwelling; and

I.

Additional information necessary for planning division staff to facilitate proper consideration of the request, consistent with fair housing laws.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The city manager or designee shall make a written determination within forty-five days of the application being deemed complete and either approve, modify, or deny a request for reasonable accommodation in compliance with chapter 17.92.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

The city manager or designee must consider all of the following factors in order to approve or deny a request for reasonable accommodation that will be consistent with the acts.

A.

Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

D.

Whether the requested reasonable accommodation would require a fundamental alteration of a city program or law, including, but not limited to, land use and zoning.

(Ord. No. 713, § 1(Att. A), 6-10-2025)

Appeals. Reasonable accommodation decisions may be appealed as provided for in section 17.54.050 and the following requirements.

A.

Within thirty 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.

B.

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

C.

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.

D.

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

(Ord. No. 713, § 1(Att. A), 6-10-2025)