§ 22.182

This Chapter implements part of the County's Housing Element in its General Plan and provides a procedure for individuals with disabilities to request Reasonable Accommodations, consistent with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as those Acts are amended from time to time. The sole intent of this Chapter is to ensure that individuals with disabilities have an equal opportunity to use and enjoy housing by allowing an accommodation or accommodations with respect to certain County regulations, policies, procedures, and standards if said accommodation or accommodations are both reasonable and necessary to provide such equal opportunity without compromising the County's commitment to protecting community character and environmental quality.

(Ord. 2019-0004 § 1, 2019.)

Terms used in this Chapter are defined in Section 22.14.180 of Division 2 (Definitions) under "Requests for Reasonable Accommodations."

(Ord. 2019-0004 § 1, 2019.)

22.182.030 - Applicability.

A.

This Chapter shall apply to all requirements of this Title 22 as well as all other regulations, policies, procedures, and standards regulated by the Department.

B.

Any individual with a disability, someone acting on their behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain a Reasonable Accommodation in accordance with this Chapter shall file an application with the Director.

(Ord. 2019-0004 § 1, 2019.)

22.182.040 - Application and Review Procedures.

A.

Application Checklist. The application submittal shall contain all of the materials required by the Request for Reasonable Accommodations Checklist.

B.

Additional Application Materials. In addition to Subsection A, above, the Director may request additional information as the Director deems reasonably necessary where such request is consistent with the aboveidentified state and federal acts and the privacy rights of the individual with a disability.

C.

Application and Review Procedures.

1.

Multiple applications shall be in compliance with Section 22.222.060 (Multiple Applications).

2.

Application filing and withdrawal shall be in compliance with Section 22.222.070 (Application Filing and Withdrawal).

3.

An applicant requesting a Reasonable Accommodation shall not be required to pay the County Environmental Assessment fee if the project that is the subject of said request qualifies for either a categorical exemption or statutory exemption under CEQA.

4.

Initial application review shall be in compliance with Section 22.222.090 (Initial Application Review).

(Ord. 2019-0004 § 1, 2019.)

22.182.050 - Findings and Decision.

A.

Required Findings of the Director.

1.

Where an application for a Request for a Reasonable Accommodation is sought in connection with a residential use for which no concurrent application for entitlement under Title 21 (Subdivision) or this Title 22 is required, the Director shall grant the request based upon the following findings:

a.

The requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property;

b.

The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use;

c.

The requested accommodation will not impose an undue financial or administrative burden on the County; and

d.

The requested accommodation will not require a fundamental alteration in the nature of the land use and zoning programs of the County.

2.

The Director shall deny the application for a Request for a Reasonable Accommodation where the findings set forth in Subsection A.1, above, cannot be substantiated, and shall make written findings to that effect.

3.

Any Reasonable Accommodation approval shall include the requirement that such accommodation be removed when it is no longer necessary for the original purpose granted unless in the reasonable discretion of the Director it is so physically integrated into the property or the improvements thereon that the cost or effort to remove it would create an unreasonable hardship.

B.

Commission or Hearing Officer Review Where Concurrent. When an application for a Request for Reasonable Accommodation is filed in conjunction with an application for a permit, variance, or any other discretionary land use entitlement as provided by Title 21 (Subdivisions) or this Title 22, the Commission or Hearing Officer shall grant or deny the application for a Request for a Reasonable Accommodation concurrently with the decision rendered for such permit, variance, or other discretionary land use entitlement, and shall make findings addressing the criteria set forth in Subsection A, above.

C.

Notice of Action.

1.

The Commission, Hearing Officer, or Director, as applicable, shall notify the applicant by mail of the action taken on an application for Reasonable Accommodation. Said notice shall include the required findings.

a.

Notice of action on applications considered by the Director pursuant to Subsection A, above, shall be issued within 30 days of the date of the application, or within an extended period as mutually agreed upon, in writing, by the applicant and the Director. In addition to the applicant, a copy of the notice of action by the Director shall be provided by mail to the property owner, owners of all property abutting the exterior boundaries of the subject property in each direction, and owners of the closest inhabited property to the subject property if the abutting property in such direction is uninhabited.

b.

Notice of action on applications considered by the Commission or Hearing Officer in conjunction with another land use entitlement application pursuant to Subsection B, above, shall be provided along with the decision for such other entitlement in accordance with the requirements for such other entitlement. In addition to any other persons required to receive notice of an action on the related entitlement application, a copy of the notice of action shall also be provided by mail to the property owner, owners of all property abutting the subject property, and owners of the closest inhabited property to the subject property in each direction if the abutting property in such direction is uninhabited.

2.

The notice of action shall include notice of the right to appeal, as set forth in Section 22.182.080 (Appeals).

(Ord. 2019-0004 § 1, 2019.)

A.

Recorded Agreement.

The Commission, Hearing Officer, or Director may require the applicant to record, with the RegistrarRecorder/County Clerk, an agreement that the Reasonable Accommodation granted will be maintained in accordance with the terms of the Reasonable Accommodation and this Chapter as a covenant running with the land for the benefit of the County in those instances described in Subsection A.2, below. The recorded agreement shall also provide that any violation thereof shall be subject to the enforcement procedures of Chapter 22.242 (Enforcement Procedures). The recorded agreement shall also be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

2.

The Commission, Hearing Officer, or Director may require the recorded agreement described in Subsection A.1, above, if:

a.

The accommodation is physically integrated on the property and cannot feasibly be removed or altered, and the structure would otherwise be subject to Chapter 22.236 (Modification or Elimination of Conditional Use Permit Conditions); or

b.

The accommodation is temporary and required to be discontinued if no longer maintained in compliance with this Chapter.

3.

The Commission, Hearing Officer, or Director may authorize termination of the agreement to maintain the Reasonable Accommodation described in Subsection A.1, above, after making written findings that the lot is in compliance with all applicable land use and zoning regulations.

4.

The property owner is required to record the termination or release of any agreement provided by this Subsection A.

(Ord. 2019-0004 § 1, 2019.)

The Director's determination on a Request for a Reasonable Accommodation becomes effective on the 30th day following the Director's mailing of the notice of action. The decision by the Commission or Hearing Officer made in conjunction with another land use entitlements application becomes final on the latest date such related entitlements becomes effective.

(Ord. 2019-0004 § 1, 2019.)

22.182.080 - Appeals.

A.

An appeal regarding a decision to grant or deny an application for a Request for Reasonable Accommodation shall be made in writing, pursuant to the procedures established in Chapter 22.240 (Appeals).

B.

All decisions on an appeal shall address and be based upon the same findings required by Section 22.182.050.A (Required Findings of the Director).

C.

Decisions on an appeal of a decision made by the Director shall be effective on the date of decision and no further administrative appeals may be heard.

D.

Decisions on an appeal of a decision made by the Commission or Hearing Officer made in conjunction with other land use entitlements as set forth in Section 22.182.050.B (Commission or Hearing Officer Review Where Concurrent) shall be effective on the same date as is provided for an appeal of the related land use entitlement and any further rights of appeal will be the same as is provided for an appeal of the related land use entitlement.

(Ord. 2019-0004 § 1, 2019.)

22.182.090 - Expiration of Reasonable Accommodation.

A.

A Reasonable Accommodation which is not used within the time specified in the notice of action or, if no time is specified, within two years after the date of grant of the Reasonable Accommodation, shall expire and be of no further effect, except that:

1.

In cases in which the Director granted the original Reasonable Accommodation, the Director may extend the time to use it for a period not to exceed one year, provided an application requesting such extension is filed prior to its expiration date; and

2.

In the case of a Reasonable Accommodation granted concurrently and in conjunction with another land use entitlement, the Commission or Hearing Officer may extend the time to use it to correspond with any extensions granted for the use of such related entitlements.

B.

A Reasonable Accommodation shall be considered used within the intent of this Section, when construction, development, or use authorized by such Reasonable Accommodation, that would otherwise have been prohibited in the absence of an accommodation being granted, has commenced.

C.

A Reasonable Accommodation shall automatically cease to be of any further force and effect if the use for which such accommodation was granted has ceased or has been suspended for a consecutive period of two or more years and may be required to be physically removed in accordance with Section 22.182.050.A.3.

(Ord. 2019-0004 § 1, 2019.)

22.182.100 - Post-Decision Actions and Regulations.

A.

Documentation, scope of approval, and Exhibit "A" shall be in compliance with Section 22.222.240 (Documentation, Scope of Approval, and Exhibit "A").

B.

Use of property before final action shall be in compliance with Section 22.222.250 (Use of Property Before Final Action).

C.

Performance guarantee and covenant shall be in compliance with Section 22.222.260 (Performance Guarantee and Covenant).

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.184 - REVISED EXHIBIT "A"S