The purpose of this chapter is to establish reasonable and necessary standards and procedures, pursuant to the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act, Gov. Code Section 12901 (the Acts) and following, as they may be amended from time to time, for the county of Shasta to provide people with disabilities reasonable accommodation from the various land use, zoning and building laws, rules, policies, practices and procedures of the County that may be necessary to ensure equal access to housing.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)

In order to make specific housing available to an individual with a disability, a disabled person or their authorized representative may request reasonable accommodation relating to the various land use, zoning, and building laws, rules, policies, practices and procedures of the County. A request may be filed at any time that the accommodation may be necessary to ensure equal access to housing. If the project for which the request is being made also requires some other planning or building permit or approval, then the applicant shall file the request together with the application for such permit or approval.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)

All requests for reasonable accommodation shall include the following information:

A.

Assessor's Parcel Number and physical address of the property for which the request is being made;

B.

The current actual use of the property;

C.

The code provision, regulation or policy from which accommodation is being requested;

D.

The basis for the claim (including documentation) that the individual(s) is considered disabled under the state or federal fair housing acts and why the accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling;

E.

Plans showing the details of the proposed use to be made of the land or building, and any other pertinent supporting documentation as required by the Planning Department.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)

The director, or his/her designee, shall have the authority to consider and act on a request for reasonable accommodation. When a request for reasonable accommodation is filed with the county, it will be referred to the director for review and consideration. The director shall issue a written decision within thirty days of the date of receipt of a completed application and may (1) approve the accommodation request, (2) approve the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written decisions shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of decision shall be sent to the applicant or any other person requesting notice by certified mail, return receipt requested.

If necessary to reach a determination on the request for reasonable accommodation, the Director or designee may request further information from the applicant consistent with this chapter, specifying what additional information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant responds to the request. Additional information shall not be requested solely as a means to postpose the timeline for a decision. Accommodation approval shall not have any force and effect until the applicant acknowledges receipt thereof and agrees in writing to each and every term and condition thereof.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

A.

Whether the housing, which is the subject of the requested accommodation, will be used by an individual protected under the Acts.

B.

Whether the requested accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

C.

Whether the requested accommodation would impose an undue financial or administrative burden on the County.

D.

Whether the requested accommodation will require a fundamental alteration to the zoning or building laws, policies or procedures of the County.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)

When the Director determines that a request for reasonable accommodation would impose an undue financial or administrative burden on the County and/or would require a fundamental alteration to the zoning or building laws, policies or procedures of the County, the Director must engage in an interactive process with the person seeking the accommodation to determine if there is another reasonable accommodation that may provide an equivalent level of benefit.

(Ord. No. 2018-04, § 6, 11-6-2018)

Within thirty (30) days of the date the Director issues a written decision, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination. Any other interested person not satisfied with the decision of the Director, may file an appeal within seven (7) calendar days of the date on which the decision being appealed was rendered. All appeals shall contain a statement of the grounds for the appeal. Appeals shall be to the Board of Supervisors who shall consider the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. Following the filing of an appeal, the Board of Supervisors shall hold a public hearing on the matter. All determinations on an appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. No. 2018-01, § 32, 7-17-2018; Ord. No. 2018-04, § 6, 11-6-2018)