Modoc County Municipal Code Ch. 18.139 Reasonable Accommodation

This chapter establishes reasonable and necessary standards for the county of Modoc, pursuant to the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Government Code Section 12901 et seq., to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this chapter is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning or building laws, rules, policies, practices and/or procedures of the county.

(Ord. No. 236-146, 12-12-2017)

In order to make specific housing available to an individual with a disability, a disabled person and/or their authorized representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the county. A request for reasonable accommodation to laws, rules, policies, practices and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request is being made also requires some other planning or building permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(Ord. No. 236-146, 12-12-2017)

A. All requests for reasonable accommodation shall include the following information:

1. Applicant's name, address and telephone number;

2. Assessor's parcel number and physical address of the property for which the request is being made;

3. The current actual use of the property;

4. The code provision, regulation or policy from which accommodation is being requested;

5. The basis for the claim (including documentation) that the individual is considered disabled under the state and federal fair housing acts and why the accommodation is necessary to make the specific housing available to the individual;

6. Plans showing the details of the proposed use to be made of the land or building, and any other pertinent supporting documentation as required by the planning department.

(Ord. No. 236-146, 12-12-2017)

The planning director, or his/her designee, shall have the authority to consider and act on request for reasonable accommodation. When a request for reasonable accommodation is filed with the county, it will be referred to the planning director for review and consideration. The planning director shall issue a written decision within thirty days of the date of receipt of a completed application and may (1) approve the accommodation request, (2) approve the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written decisions shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of decision shall be sent to the applicant or any other person requesting notice by certified mail, return receipt requested.

If necessary to reach a determination on the request for reasonable accommodation, the planning director or building official may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the request.

Accommodation approval shall not have any force and effect until applicant acknowledges receipt thereof and agrees in writing to each and every term and condition thereof.

(Ord. No. 236-146, 12-12-2017)

A. In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:

1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the county.

(Ord. No. 236-149, § 14, 7-28-2021; Ord. No. 236-146, 12-12-2017)

Within thirty days of the date the planning director issues a written decision, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Any other interested person not satisfied with the decision of the planning director, may file an appeal within seven calendar days of the date on which the decision being appealed was rendered. All appeals shall contain a statement of the grounds for the appeal. Appeals shall be to the board of supervisors who shall consider the matter and render a determination as soon as reasonably practicable, but in no event later than sixty days after an appeal has been filed. Following the filing of an appeal, the board of supervisors shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. No. 236-146, 12-12-2017)