§ 35.437

A.

The purpose and intent of this Chapter is to ensure equal access to housing and to remove barriers to fair housing opportunities for individuals with disabilities in compliance with the Federal Fair Housing Act and the California's Fair Employment and Housing Act (the Acts) by providing a procedure to request reasonable accommodation in the application of this Development Code and to establish relevant criteria to be used when considering such requests.

B.

Reasonable accommodation means providing an individual with a disability flexibility in the strict application of zoning regulations or procedures when necessary to eliminate regulatory barriers and afford an individual with a disability an equal opportunity to use and enjoy a dwelling.

C.

This Chapter shall be interpreted and applied in accordance with the Acts, and nothing in this Section shall be deemed to create greater rights than exist under the Acts.

A.

In order to make specific housing available to individuals with disabilities, any person, including an individual with a disability, his or her representative, or provider of housing for individuals with disabilities, may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities as regulated by this Development Code that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of their choice. This Chapter applies only to those individuals who qualify as disabled under the Acts.

B.

Typical improvements which may be considered for reasonable accommodation provisions include elevators or other mechanical access devices, handrails, ramps, walls, and other similar accessibility improvements necessary to accommodate an individual's disability. Reasonable accommodations include:

1.

Adjustments to encroachment allowances, floor area provisions, height and setback requirements.

2.

Adjustments to requirements for buffers, fences, walls and screening requirements.

3.

Allowing hardscape additions such as widening driveways, parking areas or walkways that would otherwise not comply with landscape, lot coverage, or open space provisions.

C.

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

Notice of the availability of reasonable accommodation shall be displayed at the Department's public information counters. Forms for requesting reasonable accommodation shall be made available to the public at the Department.

35.437.040 - Contents of Application

A.

An application for reasonable accommodation shall be submitted in compliance with Chapter 35.470 (Permit Application and Filing and Processing).

1.

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

2.

If the project for which the application is being made also requires some other discretionary approval under this Development Code, the applicant shall file the application for reasonable accommodation concurrent with the application for the discretionary approval.

B.

Additional submittal requirements. The application shall include the following in addition to the standard submittal requirements.

1.

Verification by the applicant that the property is or will be the primary residence of the individual for whom the accommodation is requested.

2.

The regulation or procedure from which accommodation is being requested.

3.

An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual with the disability.

4.

The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts.

35.437.050 - Processing

A.

Review authority and processing procedures.

1.

If the project for which the application for reasonable accommodation is requested requires ministerial approval in compliance with this Development Code, then the Director shall be the review authority for the application for reasonable accommodation and the related application, and the application for reasonable accommodation shall be submitted and reviewed concurrently with the related ministerial application.

a.

Notice of the application for reasonable accommodation and pending decision by the Director shall be given in the same manner as a Land Use Permit in compliance with Chapter 35.496 (Noticing and Public Hearings).

b.

The Director shall review the application for reasonable accommodation for compliance with the Comprehensive Plan including any applicable community or area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing is not required.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.492 (Appeals).

d.

The Director may take action on the application for reasonable accommodation prior to taking an action on any companion application.

2.

If the project for which the application for reasonable accommodation is requested requires discretionary approval in compliance with this Development Code, then:

a.

The review authority for the related discretionary application shall be the review authority for the application for reasonable accommodation.

b.

The application for reasonable accommodation shall be processed concurrently and in compliance with the applicable processing requirements for the related discretionary application, including noticing and public hearing requirements.

c.

The review authority shall review the application for reasonable accommodation for compliance with the Comprehensive Plan including the Montecito Community Plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. The review authority shall take action on the application for reasonable accommodation concurrently with taking action on any related discretionary application.

d.

The action of the review authority is final subject to appeal in compliance with Chapter 35.492 (Appeals).

B.

Standards for approval.

1.

The review authority shall approve or conditionally approve the application if, based upon all of the evidence presented to the County, the findings required for approval in compliance with Section 35.437.060 (Findings Required for Approval) can first be made.

2.

An application for reasonable accommodation granted in compliance with this Chapter shall not require the approval of any Modification in compliance with Section 35.472.120 (Modifications) or Variance in compliance with Section 35.472.180 (Variances) as to the reasonable accommodation.

C.

Conditions of approval. The review authority may impose conditions on the approval of an application for reasonable accommodation that are consistent with the purpose of the Acts and this Chapter to further fair housing. Such conditions include:

1.

That the reasonable accommodation shall only be applicable to the specific use for which the application is made.

2.

That a reasonable accommodation involving an exterior physical improvement or structure is designed to be substantially similar to the architectural character, colors, and texture of materials of the existing structure (if applicable) and other structures on the project site and in the neighborhood.

3.

That the reasonable accommodation is subject to any and all Building Code permit and inspection requirements of the County.

D.

Written determination. The review authority shall issue a written determination, which shall be mailed to the applicant by first class mail, of the action on the application for reasonable accommodation that:

1.

Explains the basis of the decision and includes the findings required in compliance with Section 35.437.060 (Findings Required for Approval).

2.

Includes notice of the right to appeal and the appeals process.

E.

Other required approvals. If the final action by the County results in the approval or conditional approval of the requested accommodation, other required approvals of the County (e.g., building permits) still apply.

An application for reasonable accommodation shall be approved or conditionally approved only if the review authority, in compliance with the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts), first makes all of the following findings:

A.

The project that is the subject of the request for reasonable accommodation:

1.

Conforms to the applicable provisions of the Comprehensive Plan including the Montecito Community Plan.

2.

Conforms to the applicable provisions of this Development Code and other applicable zoning conditions and regulations that apply to the subject project, except as modified by the accommodation.

B.

The project that is the subject of the request for reasonable accommodation will be occupied as the primary residence by an individual with a disability under the Acts.

C.

The accommodation is necessary to make specific housing available to an individual with a disability protected under the Acts.

D.

The accommodation will not impose an undue financial or administrative burden on the County and the community.

E.

The accommodation will not require a fundamental alteration of the regulations or procedures of this Development Code.

F.

The accommodation will not waive a requirement for a Land Use Permit, Building Permit or Encroachment Permit, or result in approved uses otherwise not allowed by this Development Code.

G.

Any adverse impact that results from the accommodation is minimized to the extent feasible.

H.

The accommodation is limited to the minimum necessary to accommodate the needs of the individual with a disability and reasonable alternatives are not available that will provide an equivalent level of benefit without requiring a modification or exception to regulations or procedures of this Development Code.

I.

The project that is the subject of the request for reasonable accommodation:

1.

Will not be detrimental to the general welfare, health, and safety of the neighborhood and will not be incompatible with the surrounding areas.

2.

Will not conflict with any easements required for public access through, or public use of a portion of the property that the project is located on.

3.

Will not require extensive alteration of the topography with the exception of only those design modifications which are necessary to provide the accommodation.

4.

If located in a Rural area as designated on the Comprehensive Plan maps, will be compatible with and subordinate to the rural and scenic character of the area with the exception of only those design modifications which are necessary to provide the accommodation.

If the project for which the application for reasonable accommodation is submitted also requires design review approval in compliance with Section 35.472.070 (Design Review), then any approval or conditional approval of the project by the Montecito Board of Architectural Review shall not have the effect of rendering an approved reasonable accommodation infeasible.

CHAPTER 35.438 - SIGN STANDARDS[[2]]

Footnotes:

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Editor's note— Ord. No. 5239, § 4, adopted February 11, 2025, repealed and reenacted Chapter 35.438 to read as herein set out. Formerly, Chapter 35.438 pertained to similar subject matter and derived from original codification.