8111-9 — Reasonable accommodation.

a.

An applicant may initiate a "Reasonable Accommodation Request" either orally or in writing. Although not required by the Acts, the Planning Division has created a Reasonable Accommodation Request application to streamline the process. While the County recommends that applicants utilize this application, the County will not require applicants to use a particular form or medium to initiate a Reasonable Accommodation Request.

b.

If the project for which the request is being made requires a discretionary decision, the County recommends that the applicant file the Reasonable Accommodation Request application concurrently with the application for discretionary approval. In this case, the review period for the Reasonable Accommodation Request shall be the same as the application review period for the discretionary decision.

c.

Although the applicant may be represented by an agent, the applicant must qualify as a protected individual under the Acts. The Acts require the reasonable accommodation process to be iterative and interactive. To ensure that the process is accessible to the applicant, Planning Division staff will assist applicants with submitting Reasonable Accommodation Requests or processing any appeals associated with such requests.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Upon receipt of a Reasonable Accommodation Request, the Planning Director or designee shall review the request and make a determination whether to approve or deny it, in whole or in part. All references to the Planning Director in this Section 8111-9 shall include their designee. If additional information is needed to make a determination, the Planning Director shall request the necessary information from the applicant, in writing. The applicant shall provide the information prior to the Planning Director acting upon and/or making a determination on the Reasonable Accommodation Request.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director shall consider the following criteria in making a determination on a Reasonable Accommodation Request:

a.

The applicant seeking the accommodation(s) is a qualified individual protected under the Acts.

b.

When housing is the subject of the Reasonable Accommodation Request, the housing will be used by a qualified individual protected under the Acts.

c.

As applicable, the requested accommodation is necessary to make a dwelling or housing opportunity available to a qualified individual protected under the Acts.

d.

The requested accommodation(s) would not impose an undue financial or administrative burden on the County.

e.

The requested accommodation would not require a fundamental alteration in any County program, policy, practice, ordinance, and/or procedure, including zoning ordinances.

f.

The requested accommodation will not result in a direct and significant threat to the health or safety of other persons or substantial physical damage to the property of others.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

The Planning Director may impose conditions on the approval of a Reasonable Accommodation Request, which may include, but are not limited to, any or all of the following:

a.

Periodic inspection of the affected premises by the County's Code Compliance Division to verify compliance with this Section and any applicable conditions of approval;

b.

Removal of the improvements by the applicant when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit(s) or housing opportunity, if removal would not constitute an unreasonable financial burden;

c.

Expiration of the approval when the accommodation is no longer necessary to afford the applicant an equal opportunity to use and enjoy the dwelling unit or housing opportunity; and/or

d.

A requirement that the applicant advise the Planning Division if the applicant no longer qualifies as an individual with a disability under the Acts or if the accommodation granted is no longer reasonable or necessary to afford the applicant an equal opportunity to use and enjoy a dwelling unit(s) or housing opportunity.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

8111-9.6 - Written determination on the request for reasonable accommodation.

a.

Except as provided in Section 8111-9.2, not more than forty-five (45) days after receiving a completed Reasonable Accommodation Request, the Planning Director shall issue a written determination and shall set forth in detail the basis for the determination, the findings on the criteria set forth in Section 8111-9.4, and the conditions of approval. The determination shall be sent to the applicant by certified mail and shall give notice of the applicant's right to appeal as set forth in Section 8111-9.7.

b.

Upon the request of the Planning Director to the applicant to provide additional information pursuant to Section 8111-9.3, the 45-day determination period shall be stopped. Once the applicant provides the Planning Director the information requested, a new 45-day period shall begin.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Within ten (10) calendar days of the date of the Planning Director's written determination, the applicant may file an appeal of the determination pursuant to Section 8111-7 of this Chapter. Appeals of decisions on Reasonable Accommodation Requests will be heard by the Planning Commission.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

8111-9.8 - Limitations on approvals of reasonable accommodation requests.

Any grant of accommodation shall be personal to the applicant and shall not run with the land.

(Ord. No. 4436, § 8, 6-28-2011; Ord. No. 4641, § 7, 12-17-2024)

Article 12. - Limitations on Issuance of Building Permits in the Ojai Valley to Protect Air Quality

(Rep. & Reen. Ord. 3919—12/19/89)

Footnotes:

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Editor's note— See also Ords. 3896, 3897, 3901.