This chapter provides a procedure to request Reasonable Accommodation
for persons with disabilities seeking equal access to housing under
the California Fair Employment and Housing Act, the Federal Fair Housing
Act, and the Americans with Disabilities Act (ADA) (referred to in
this chapter as the Acts) in the application of zoning laws and other
land use regulations, policies, and procedures. A Reasonable Accommodation
is typically an adjustment to physical design standards (e.g., setbacks)
to accommodate the placement of wheelchair ramps or other exterior
modifications to a dwelling in response to the needs of a disabled
resident.
(Ord. 1976 § 2, 2019)
The written decision to approve, conditionally approve, approve
with modifications, or deny a request for Reasonable Accommodation
shall be based on consideration of all of the following factors:
A. Whether
the housing, which is the subject of the request, will be used by
an individual defined as disabled under the Acts;
B. Whether
the request for Reasonable Accommodation is necessary to make specific
housing available to an individual with a disability under the Acts;
C. Whether
the requested Reasonable Accommodation would impose an undue financial
or administrative burden on the County;
D. Whether
the requested Reasonable Accommodation would require a fundamental
alteration in the nature of a County program or law, including, but
not limited to, land use and zoning;
E. Potential
impact on surrounding uses;
F. Physical
attributes of the property and structures; and
G. Alternative
Reasonable Accommodations that may provide an equivalent level of
benefit.
(Ord. 1976 § 2, 2019)
In approving a request for Reasonable Accommodation, the Review Authority may impose conditions of approval deemed reasonable and necessary (e.g., a requirement that the approved Reasonable Accommodation be recorded with the County Recorder's office) to ensure that the Reasonable Accommodation will comply with the findings required by Section
18.120.040 (Findings and Decision).
(Ord. 1976 § 2, 2019)
Changes to an approved Reasonable Accommodation may only be requested and processed in compliance with Section
18.130.090 (Changes to an Approved Project).
(Ord. 1976 § 2, 2019)
The procedures and requirements in Chapter
18.130 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Reasonable Accommodation application.
(Ord. 1976 § 2, 2019)