Mono County Municipal Code Ch. 19.10 Reasonable Accommodation

It is the policy of Mono County, pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

(Ord. No. 25-003, § 1, 7-8-2025)

The Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing:

A. The Housing Element of the jurisdiction must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;

B. The Attorney General of the State of California has recommended that cities and counties implement fair housing reasonable accommodation procedures for making land use and zoning determinations concerning individuals with disabilities to further the development of housing for individuals with disabilities;

C. A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use and zoning regulations, policies, practices and procedures will further the jurisdiction's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.

(Ord. No. 25-003, § 1, 7-8-2025)

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use or zoning regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(Ord. No. 25-003, § 1, 7-8-2025)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.

(Ord. No. 25-003, § 1, 7-8-2025)

In order to make housing available to an individual with a disability, any eligible person as defined in 19.10.030 may request a reasonable accommodation in land use and zoning regulations, policies, practices and procedures, as follows:

A. Requests for reasonable accommodation shall be in writing and provide the following information:

(1) Name, mailing address, and contact information of the individual(s) requesting reasonable accommodation;

(2) Name, mailing address, and contact information of the property owner(s);

(3) Physical address and Assessor's parcel number (APN) of the property for which accommodation is requested;

(4) The current use of the property;

(5) The basis for the claim that the person is considered disabled under fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of the disability and its effects on the person's medical, physical or mental limitations;

(6) Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought;

(7) The reason(s) why the requested accommodation is reasonable and necessary for the disabled individual(s) to use and enjoy the dwelling. Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

(8) Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for and reasonableness of the accommodation; and

(9) Any additional information the Community Development Department may request consistent with fair housing laws to evaluate the request for reasonable accommodation.

B. 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.

C. A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual 's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

E. Requests for reasonable accommodations are subject to Development Activity Hourly Rate fees at the rate listed in the Mono County Fee Schedule.

(Ord. No. 25-003, § 1, 7-8-2025)

A. Requests for reasonable accommodation shall be reviewed by the Director of the Mono County Community Development Department, using the criteria set forth in 19.10.070.

B. The reviewing authority shall issue a decision on a request for reasonable accommodation within thirty (30) days of the date of a complete application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in 19.10.070.

C. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

(Ord. No. 25-003, § 1, 7-8-2025)

The following findings must be made to grant, with or without modifications, a request for reasonable accommodation consistent with fair housing laws:

(l) The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

(2) The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3) The requested accommodation would not induce an undue financial or administrative burden on the jurisdiction and;

(4) The requested accommodation would not require a fundamental alteration in the nature of the jurisdiction's land use and zoning program, including community character, public safety, and reasonableness.

(Ord. No. 25-003, § 1, 7-8-2025)

A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in 19.10.070. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail or, if the applicant has consented in writing, by electronic mail.

B. The written decision of the reviewing authority shall be final unless an applicant appeals it to the Mono County Planning Commission. The decision of the Planning Commission upon appeal shall be final unless an applicant appeals it to the Mono County Board of Supervisors.

C. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by 19.10.060, the request shall be deemed granted.

D. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(Ord. No. 25-003, § 1, 7-8-2025)

A. Within thirty (30) calendar days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision to the Mono County Planning Commission. Appeals from the adverse decision shall be made in writing and submitted to the Mono County Community Development Department.

B. Within thirty (30) calendar days of the date of the Mono County Planning Commission's decision, an applicant may appeal an adverse decision to the Mono County Board of Supervisors. Appeals from the adverse decision shall be made in writing and submitted to the Mono County Community Development Department.

C. 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.

D. 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.

E. All appeals are subject to Appeal fees at the rate listed in the Mono County Fee Schedule.

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

(Ord. No. 25-003, § 1, 7-8-2025)