CHAPTER 18 - ZONING CODE#

TABLE OF CONTENTS#

CHAPTER 18.134 - REQUESTS FOR REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACTS#

18.134.010 - Purpose.#

This section provides a procedure to request 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.

(Ord. 1250 § 1 (part), 2005)

18.134.020 - Applicability.#

A request for reasonable accommodation may be made by any person with a disability, or by a representative acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. 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 section is intended to apply to those persons who are defined as disabled under the Acts.

A request for 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 with equal opportunity to housing of their choice.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 53, 9-24-2024)

18.134.030 - Request.#

An individual can make a reasonable accommodation or modification request either orally or in writing, or through a representative. The request for an exception, change, or adjustment to a practice, or a modification to an existing housing accommodation because of a disability can be made regardless of whether the phrase "reasonable accommodation" or "reasonable modification" is used as part of the request. A request for a reasonable accommodation or reasonable modification may be made at any time, including during the inquiry or application process, before purchase or lease, while seeking or enjoying a housing opportunity, during the tenancy or occupancy of a housing accommodation, during litigation, at or after trial, and after judgment in appropriate circumstances.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 54, 9-24-2024)

18.134.040 - Request review.#

A. Upon receiving a request, the director or designee shall meet with the individual with a disability or their representative. The meeting shall provide an exchange of information to identify, evaluate, and implement a reasonable accommodation or modification that allows the individual with a disability equal opportunity to use and enjoy the dwelling or housing opportunity.

B. If the director or designee believes they do not have sufficient information to establish either that a disability exists or the nature of the disability-related need for the accommodation or modification, or if the nexus between the disability and the requested accommodation or modification is not clear, then the director or designee shall seek clarification or additional information (pursuant to California Code of Regulations, Title 2, Section 12178) from the individual or their representative.

C. A request cannot be denied for lack of information without first requesting the clarification or additional information and providing a reasonable opportunity for the individual requesting the accommodation to provide it.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 55, 9-24-2024)

18.134.050 - Findings and decision.#

A. Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation will be consistent with the Acts. A reasonable accommodation may be denied only if one of the following findings can be made:

1. The housing which is the subject of the request will not be used by an individual or group of individuals considered disabled under the Acts.

2. There is no nexus between the disability and the requested accommodation or modification.

3. The requested accommodation would constitute a fundamental alteration of the land use regulations of the county. A requested accommodation or modification would change the essential nature of the county's land use regulations;

4. The requested accommodation would impose an undue financial and administrative burden on the County;

B. Conditions of Approval. In granting a request for reasonable accommodation, the director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in subsection (A) of this section.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 56, 9-24-2024)

18.134.060 - Appeal of determination.#

The sole means of reviewing the decision of the approving authority (planning director or other body) to grant, grant with modifications, or deny a request for reasonable accommodation is by filing an appeal in the manner set forth in Chapter 2.88 of this code (commencing with Section 2.88.010), except that no appeal shall be made from a decision of the board of supervisors.

(Ord. 1250 § 1 (part), 2005)