Chapter 21.86 — REASONABLE ACCOMMODATION

This chapter is established pursuant to the provisions of California Government Code Sections 12927(c)(1) and 12955(1) to provide a formal procedure to request a reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. CS 1169 §16, 2015)

In order to make housing available to an individual with a disability, any person may request 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 housing of their choice. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts. (Ord. CS 1169 §16, 2015)

In order to make housing available to an individual with a disability, an applicant may request a reasonable accommodation in zoning and other land use regulations, policies, practices and procedures.

• A. All requests shall be reasonable and limited to the minimum that the applicant believes is necessary to accommodate the disability. The applicant is requested to provide the following information:

  1. Description of the requested accommodation, and the regulation(s), policy or procedure for which accommodation is sought, which could include site plans, floor plans, and/or details as necessary to define the extent of the required accommodation;

  2. The basis for the claim that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, a handicapped license, or other appropriate evidence;

  3. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the property; and

  4. How the property will be used by the applicant and individual(s) with disabilities.

• B. Any information identified by the applicant as confidential shall be retained by the county in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection.

• C. A request for a 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 negate an applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.

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

• E. Requests for a reasonable accommodation shall be submitted as a non-discretionary permit subject to the staff approval permit application process described in Chapter 21.100 of the Stanislaus County Code.

• (Ord. CS 1169 §16, 2015)

• A. The planning director or an appointed designee has the authority to review and make determinations upon requests for a reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter.

• B. The planning director, or an appointed designee, shall approve, approve with conditions, or deny the application within thirty days after the application is deemed complete, based on the findings set forth in Section 21.86.050 .

• C. If the application for a reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the planning director or an appointed designee.

• (Ord. CS 1169 §16, 2015)

Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

• A. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts;

• B. The requested reasonable accommodation is necessary to make housing available to an individual with a disability under the Acts;

• C. The requested reasonable accommodation would not impose an undue financial or administrative burden on the county;

• D. The requested reasonable accommodation would not require a fundamental alteration in the nature of a county program or law, including but not limited to land use and zoning; and

• E. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the county's applicable rules, standards and practices.

In granting a request for a reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings above.

(Ord. CS 1169 §16, 2015)