§ 84.31

The purpose of this Chapter, pursuant to Fair Housing Laws, as defined in § 801.01.080, is to provide individuals with disabilities reasonable accommodation in the application of the County’s rules, policies, practices and procedures, as necessary to ensure equal access to housing. The purpose is also to provide a process for individuals with disabilities to make requests for, and be provided, reasonable accommodation, when reasonable accommodation is warranted under the law based upon sufficient evidence, with respect to the various laws, rules, policies, practices and/or procedures of the County, including land use and zoning regulations. (Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

The department shall prominently display in the public areas of the Land Use Services Department at County offices a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. County employees shall direct individuals to the display whenever an inquiry regarding reasonable accommodation is made or they reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. (Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

(a) In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation, pursuant to this Chapter, relating to the application of various land use, zoning, or building laws, rules, policies, practices and/or procedures of the County.

(b) If an individual or representative needs assistance in making a request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by a person designated by the applicant as his or her representative.

(c) A request for reasonable accommodation in laws, rules, policies, practices and/or procedures must be filed on an application form provided by the department. It shall be signed by the owner of the property and shall describe exactly what is being requested and the specific reason the requested accommodation is necessary. All documentation that supports the request shall be submitted along with the application. The housing unit must be the primary residence of the person for whom reasonable accommodation is requested.

(d) Within ten calendar days after the Director has deemed as complete an application for a major reasonable accommodation, the Director or his or her designee shall provide notice of the request for reasonable accommodation as follows:

(1) In the event there is no approval, permit, or entitlement sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties that are immediately adjacent to and directly across the street from the property that is the subject of the request.

(2) In the event that the request is being made in conjunction with some other approval, permit or entitlement, the notice shall be transmitted along with the notice of the other proceeding.

(Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

(a) The Director shall have the authority to consider and act on any application for a minor reasonable accommodation as defined in Division 10. The Director shall issue a written determination within 30 days of the date of receipt of a completed application and may:

• (1) Grant the accommodation request,

• (2) Grant the accommodation request subject to specified nondiscriminatory conditions,

• (3) Deny the request, or

(4) Refer the matter to Zoning Administrator or to the Planning Commission, whichever is deemed appropriate, who shall render a decision on the application in the same manner as it considers an appeal. No request for reasonable accommodation may be referred to the Board of Supervisors.

(b) The Zoning Administrator shall have the authority to consider and act on any application for a major reasonable accommodation as defined in Division 10, or any minor reasonable accommodation request referred to it by the Director. The Zoning Administrator shall consider an application at the next reasonably available public meeting after submission of an application for reasonable accommodation, after the submission of any additional information

required to make a determination or after referral from the Director. The Zoning Administrator may:

• (1) Grant the accommodation request,

• (2) Grant the accommodation request subject to specified nondiscriminatory conditions,

• (3) Deny the request,

• (4) Refer the matter to the Planning Commission, which shall render a decision on the application in the same manner as it considers an appeal. No request for accommodation may be referred to the Board of Supervisors, or

(5) Prior to referring the matter to the Planning Commission, refer the matter to a designated hearing officer to administer oaths, to receive evidence, to prepare a record of the proceedings, to prepare recommended findings, conclusions and a decision and to submit such record, recommended findings, conclusion and decision to the Zoning Administrator for action.

(c) If necessary to reach a determination on any request for reasonable accommodation, the Director, the Zoning Administrator, or the Planning Commission 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 time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

(d) If, based upon all of the evidence presented to the Director, Zoning Administrator or the Planning Commission, the findings required in this Chapter may reasonably be made, the Director, Zoning Administrator or the Planning Commission, as applicable, shall grant the requested reasonable accommodation.

(e) A reasonable accommodation that is granted pursuant to this Chapter shall not require the approval of any variance as to the reasonable accommodation.

(f) The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Chapter to further fair housing. Such conditions may generally include, but are not limited to the following restrictions:

(1) That the reasonable accommodation shall only be applicable to particular individual(s);

(2) That the reasonable accommodation shall only be applicable to the specific use for which application is made; and/or

(3) That any change in use or circumstances which negates the basis for the granting of the approval shall render the reasonable accommodation null and void and/or revocable by the County.

(g) If the project for which the application for reasonable accommodation is being made also requires some other approval, permit or entitlement, the applicant shall file the request together with the application for such approval, permit or entitlement.

(h) In the event that the applicant also seeks a concurrent approval, permit, or entitlement that will be reviewed by the Zoning Administrator or Planning Commission, then that planning authority shall also act as the reviewing authority for the application for reasonable accommodation.

(i) A fee shall only be required for a major reasonable accommodation requesting a land use modification for a residential care facility as prescribed by the County Fee Ordinance (refer to § 810.01.200(f)(2)(B)). If the project requires another discretionary or ministerial permit, then the prescribed fee shall be paid for the other permit(s) in compliance with the County’s Fee Ordinance.

(Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

(a) The following findings must be made in order to approve a request for reasonable accommodation:

(1) The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.

(2) The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.

(3) The requested reasonable accommodation will not impose an undue financial or administrative burden on the County.

(4) The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the County.

(5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

(b) The County may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:

(1) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.

(2) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.

(c) Relative to residential care facilities, the County may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the County’s zoning program:

• (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood.

• (2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

• (3) Whether granting the requested accommodation would substantially undermine any express purpose of either the County’s General Plan or an applicable Specific Plan.

• (4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

(d) In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this Chapter.

• (Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

Notwithstanding any provisions in this Chapter regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Chapter or may request a continuance regarding any decision or consideration by the County of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the County, shall not constitute failure by the County to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this Chapter. (Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)

The reviewing authority shall notify the applicant of his or her decision by mailing a written determination to the applicant. The notice of decision on an application for a major reasonable accommodation shall include factual findings, conclusions, and reasons for the decision, and notify the applicant of the right to appeal the reviewing authority’s decision pursuant to § 85.03.110. (Ord. 4230, passed - -2014)

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

(Ord. 4230, passed - -2014)

Any modification granted for an individual with a disability shall be a personal accommodation for the individual applicant and shall not run with the land, unless the Director determines that it would be impractical to require the property to be returned to its previous condition once the disabled person no longer occupies the property. Prior to the issuance of a building permit or any other applicable permit for such modification, the permittee shall execute a notarized statement that permits the County to inspect the affected property at least annually to verify compliance with this chapter and with any applicable conditions of approval. Prior to any transfer of interest in the property, the permittee shall notify the transferee of the existence of the accommodation, the personal status of the accommodation, and the requirements that the transferee must apply for a new accommodation as necessary. Except as otherwise provided by the Director, as set forth herein, once such transfer takes effect the accommodation shall have no further effect.

(Ord. 4230, passed - -2014)