Calaveras County Municipal Code Ch. 17.33 Reasonable Accommodation

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.

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. 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. This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B. 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.

The planning director shall act as the review authority for reasonable accommodation applications based on consideration of the requirements of this chapter.

A. Application. An application for a reasonable accommodation shall be filed to the planning department in accordance with Section 17.27.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain how the required findings are satisfied. The applicant shall also submit plans delineating the requested reasonable accommodation.

B. Public Noticing and Public Hearing Not Required. No noticing or public hearing are required for a reasonable accommodation request.

C. Decision. The director shall issue a written decision within thirty days of the date the county has determined the application to be complete and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

The planning director must make all of the following findings in order to approve or conditionally approve request for reasonable accommodation that will be consistent with the Acts.

A. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection; and

B. If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under state or federal law; and

C. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

D. That denial of the request would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing.

In granting a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required herein. The reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

A. Appeals. Reasonable accommodation decisions are subject to the appeal provisions of Section 17.27.140, Appeals.

B. Expiration, Extensions, and Revisions. Reasonable accommodation approval is subject to the effective dates, expiration, and extension provisions of Section 17.27.110, Effective Dates; Expiration and Extension.

C. Revocation. Reasonable accommodation approval may be revoked pursuant to Section 17.27.130, Revocation of Permits, if any of the conditions or terms of the approval are violated or if any law or ordinance is violated.