§ 9-103

The purpose of this Chapter is to establish a procedure for persons with disabilities seeking fair access to housing to make requests for reasonable accommodation in the application of the Development Title pursuant to Section 3604(f)(3)(b) of Title 42 of the United States Code (the "Fair Housing Act") and Section 12955 et seq. of the California Government Code (the "California Fair Employment and Housing Act"), which prohibit local government from refusing to make reasonable accommodations in policies and practices when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling.

The intent of this Chapter is to ensure that the County complies fully with the intent and purpose of fair housing laws and provides flexibility in the application of the Development Title for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities.

A request for reasonable accommodation may be made by any person with a disability or person associated with them, including providers, landlords, and developers of housing for people with disabilities. Reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to use and enjoy a dwelling.

The following are definitions regarding the reasonable accommodations policy:

Acts. The "Fair Housing Act" (Section 3601 et seq. of Title 42 of the United States Code) and the "California Fair Employment and Housing Act" (Section 12955 et seq. of the California Government Code).

Person with a Disability. Any person who has been found to have or has a record of having a physical or mental impairment that limits one or more major life activities.

Request for Reasonable Accommodations. A request to modify the application of a section or sections of the Development Title or related procedures in order to give a person with a disability an equal opportunity to use and enjoy a dwelling.

Notice of the availability of the reasonable accommodation policy and request forms shall be available at the Community Development Department public information counter and website.

(a)

Any person with a disability seeking a reasonable accommodation, or their representative, shall make such a request in writing on a form provided by the Community Development Department that includes the following information:

(1)

Name of the requestor and name of the person with a disability if they are different;

(2)

Name and address of the property owner(s);

(3)

Address of the property for which accommodation is requested;

(4)

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

(5)

Reason that the requested reasonable accommodation may be necessary for the person with the disability to use and enjoy the dwelling; and

(6)

Documentation supporting the request for reasonable accommodation, if any.

(b)

Any information submitted as part of a reasonable accommodations request shall be kept confidential and shall be retained in a manner so as to respect the privacy rights of the person with a disability and shall not be made available for public inspection.

(c)

A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

(d)

A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(e)

If the request is related to a project that also requires discretionary approval(s), then to the extent feasible, the requestor shall file the request for reasonable accommodation together with any related application for discretionary approval.

(f)

If an individual needs assistance in making the request for reasonable accommodation Community Development Department staff will provide assistance to ensure that the process is accessible.

(a)

The Community Development Director, or their designee, shall be the review authority and shall consider and approve requests for reasonable accommodation when those accommodations may be necessary to afford persons with disabilities equal opportunities to use and enjoy the dwelling

(b)

The review authority shall issue a written determination within a timely manner but no later than 30 days of the date of receipt of a complete application form.

(c)

The written determination shall state in writing that they grant, grant with modifications, or deny a request for reasonable accommodation consistent with fair housing laws and based on the following factors:

(1)

Whether 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)

Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the County; and

(4)

Whether the requested accommodation would require a fundamental alteration the County's land use zoning, rules, policies, practices, or procedures.

(d)

None of the factors in 9-103.013(C) are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation.

(e)

For requests for reasonable accommodations involving any applications for discretionary approval, the review authority shall process and consider the request for reasonable accommodation separately from any discretionary elements of the same proposal. Pursuant to 9-103.013(B) the review authority shall act on the request for reasonable accommodation within no later than 30 days of the date of receipt, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approvals, a "provisional written determination" can be provided within the 30 day time frame allowing the reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the Development Title. The appropriate decision-making body shall act on all discretionary permits, but not on the reasonable accommodation request.

(f)

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.

(g)

The written determination is final unless the requestor appeals the decision pursuant to Section 9-103.015.

(h)

The written determination shall be sent to the requestor by first class mail to the address provided on the reasonable accommodation form or in a format requested by the requestor.

(a)

Within 30 days of the date of the reviewing authority's written determination, an application may appeal an adverse decision in writing on a form provided by the Community Development Department.

(b)

The appeal will be heard by a County hearing officer pursuant to County Ordinance Code Title 2, Division 3, Chapter 5.

Series 200: - Base Zones

Chapter 9-200 - Residential Zones

Sections: