Chapter 18.20
REQUESTS FOR REASONABLE ACCOMMODATION

Sections:

18.20.010    Requests for reasonable accommodation.

18.20.010 Requests for reasonable accommodation.

(A)    Purpose. It is the policy of the County of Santa Cruz, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. The purpose of this section is to provide a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices, or procedures of the County.

(B)    Requesting Reasonable Accommodation.

(1)    In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices, or procedures of the County.

(2)    A request for reasonable accommodation in laws, rules, policies, practices, or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

(3)    If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

(4)    If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(C)    Required Information. All requests for reasonable accommodation shall include the following information:

(1)    Applicant’s name, address and telephone number;

(2)    Assessor’s parcel number and address of the property for which the request is being made;

(3)    The current actual use of the property;

(4)    The code provision, regulation or policy for which accommodation is being requested; and

(5)    Verification of the claim that the individual is considered disabled under the Federal Fair Housing Act or the California Fair Employment and Housing Act and a brief description of why the accommodation is necessary to make the specific housing available to the individual.

(D)    Notice of Request for Accommodation. Written notice of a request for reasonable accommodation shall be given as follows:

(1)    In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the request.

(2)    In the event that the request is being made in conjunction with some other process, the notice shall be transmitted along with the notice of the other proceeding.

(E)    Required Findings. The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

(1)    The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Federal Fair Housing Act of 1988 or the California Fair Employment and Housing Act.

(2)    The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Federal Fair Housing Amendments Act of 1988 or the California Fair Employment and Housing Act.

(3)    The requested reasonable accommodation will not impose an undue financial or administrative burden on the County.

(4)    The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies, or procedures of the County.

(5)    The requested accommodation will not deprive adjacent properties of light, air, and open space consistent with the intent of the Zoning Ordinance.

(F)    Jurisdiction.

(1)    The Planning Director, or their designee, shall have the authority to consider and act on requests for reasonable accommodation. The Planning Director shall designate the Chief Building Official to act on their behalf for requests that involve reasonable accommodations to the Building Code. When a request for reasonable accommodation is filed with the Department, it will be referred to the Planning Director, or their designee, for review and consideration. The Planning Director shall issue a written determination within 30 days of the date of receipt of a completed application and may (a) grant the accommodation request, (b) grant the accommodation request subject to specified nondiscriminatory conditions, or (c) deny the request. All written determinations shall give notice of the right to appeal.

(2)    If necessary to reach a determination on the request for reasonable accommodation, the Planning Director may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed until the applicant responds to the request.

(G)    Notice of Proposed Decision.

(1)    Notice of the proposed decision shall be made in the same manner as provided above.

(2)    Within 14 days of the date the notice is mailed, any person may make a request for a Planning Director’s review of a proposed decision.

(3)    If no request for review is received, the proposed decision shall become a final Director’s decision.

(H)    Director’s Review. The Planning Director shall conduct a review hearing on the request for reasonable accommodation at which all evidence and testimony shall be considered.

(I)    Notice of Director’s Decision.

(1)    Within 30 days after the hearing, the Planning Director shall issue a decision granting the request, including any reasonable conditions, or denying the request.

(2)    The notice of decision shall contain the Planning Director’s factual findings, conclusions, and reasons for the decision.

(3)    The notice of decision shall be made in the same manner as set forth in the previous section.

(J)    Removal of Improvement. All improvements constructed under the auspices of this section shall be removed upon the vacation of the unit by the person to whom the reasonable accommodation was granted unless it is determined that the unit has been reoccupied by a qualified person, or if it is determined by the County of Santa Cruz that the removal of the improvement is not readily achievable. [Ord. 5429 § 3, 2022].