ORDINANCE NO. 3609
ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS
PROVIDING A PROCEDURE FOR REASONABLE ACCOMMODATION IN THE COUNTY’S
LAND USE AND ZONING AND BUILDING REGULATIONS PURSUANT TO
FAIR HOUSING LAWS
THE MARIN COUNTY BOARD OF SUPERVISORS ORDAINS AS FOLLOWS:
SECTION I: PURPOSE AND FINDINGS
I.
WHEREAS, it is the policy of the County of Marin, pursuant to the Federal Fair Housing
Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair
housing laws”) to provide individuals with disabilities reasonable accommodation in rules,
practices and procedures to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities; and
II.
WHEREAS, this ordinance establishes a procedure for making requests for reasonable
accommodation in land use, zoning and building regulations, practices and procedures of the
County of Marin to comply fully with the intent and purpose of fair housing laws; and
III.
WHEREAS, the Federal Fair Housing Amendments Act of 1988 and California’s Fair
Employment and Housing Act impose an affirmative duty on local governments to make
reasonable accommodation in their land use, zoning and building regulations, practices and
procedures when such accommodation may be necessary to afford individuals with disabilities
an equal opportunity to housing; and
IV.
WHEREAS, the Housing Element of the County of Marin must identify and develop a
plan for removing governmental constraints to housing for individuals with disabilities including
local land use, zoning and building regulation constraints for providing reasonable
accommodation; and
V.
WHEREAS, the Attorney General of the State of California has recommended that cities,
towns and counties implement fair housing reasonable accommodation procedures for making
land use, zoning and building determinations concerning individuals with disabilities to further
the development of housing for individuals with disabilities; and
VI.
WHEREAS, a fair housing reasonable accommodation procedure for individuals with
disabilities and developers of housing for individuals with disabilities to seek relief in the
application of land use, zoning and building regulations, practices and procedures will further
the jurisdiction’s compliance with Federal and State fair housing laws and provide greater
opportunities for the development of critically needed housing for individuals with disabilities;
and
VII.
WHEREAS, the Marin County Board of Supervisors certified a Final Environmental
Impact Report (EIR) for the Marin Countywide Plan prior to the adoption of the 2007 Marin
Countywide Plan, and a Supplement to that Environmental Impact Report for the 2012 Draft
Marin County Housing Element; and
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VIII.
WHEREAS, the following findings can be made to approve the proposed ordinance:
A. The proposed Ordinance would implement a program contained in the Housing
Element of the Countywide Plan; and
B. The actions of this Ordinance are encompassed within the scope of the EIR for
the 2012 Draft Marin County Housing Element; and
C. The proposed amendments would not be detrimental to the public interest, health,
safety, convenience, or welfare of the County.
SECTION II: APPLICABILITY
I.
WHEREAS, reasonable accommodation in the land use and zoning context means
providing individuals with disabilities or developers of housing for people with disabilities,
flexibility in the application of land use and zoning and building regulations, practices and
procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to
housing opportunities; and
II.
WHEREAS, an individual with a disability is someone who has a physical or mental
impairment that limits one or more major life activities; anyone who is regarded as having such
impairment; or anyone with a record of such impairment; and
III.
WHEREAS, a request for reasonable accommodation may be made by any individual
with a disability, his or her representative, or a developer or provider of housing for individuals
with disabilities, when the application of a land use, zoning or building regulation, policy,
practice or procedure acts as a barrier to fair housing opportunities.
SECTION III: NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMODATION PROCESS
I.
WHEREAS, notice of the availability of reasonable accommodation shall be prominently
displayed at public information counters in the planning, zoning and building departments,
advising the public of the availability of the procedure for eligible individuals. Forms for
requesting reasonable accommodation shall be available to the public in the Planning and
Building and Safety departments.
SECTION IV: REQUESTING REASONABLE ACCOMODATION
I.
WHEREAS, in order to make housing available to an individual with a disability, any
eligible person as defined in Section II may request a reasonable accommodation in land use,
zoning and building regulations, practices and procedures; and
II.
WHEREAS, requests for reasonable accommodation shall be in writing and provide the
following information:
(1) Name and address of the individual(s) requesting reasonable accommodation;
(2) Name and address of the property owner(s) (if different);
(3) Address and assessor’s parcel number of the property for which accommodation is
requested;
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(4) Evidence that the request is for an individual with a disability under fair housing laws;
(5) Description of the requested accommodation and the regulation(s), or procedure for
which accommodation is sought; and
(6) Reason that the requested accommodation may be necessary for the individual(s)
with the disability to use and enjoy the dwelling; and
(7) What alternative accommodations have been considered and rejected by the
applicant.
III.
WHEREAS, any information identified by an applicant as confidential shall be retained in
a manner so as to respect the privacy rights of the applicant and shall not be made available for
public inspection; and
IV.
WHEREAS, a request for reasonable accommodation in regulations, practices and
procedures may be filed at any time that the accommodation may be necessary to ensure equal
access to housing. A reasonable accommodation does not affect an individual’s obligations to
comply with other applicable regulations not at issue in the requested accommodation; and
V.
WHEREAS, if an individual needs assistance in making the request for reasonable
accommodation, the County will provide assistance to ensure that the process is accessible.
SECTION V: REVIEW AUTHORITY
I.
WHEREAS, requests for reasonable accommodation shall be reviewed by the “review
authority,” using the criteria set forth in Section VI; and
II.
WHEREAS, the review authority shall issue a written decision on a request for
reasonable accommodation within thirty (30) business days of the date of the application being
deemed complete and may either grant, grant with modifications, or deny a request for
reasonable accommodation in accordance with the required findings set forth in Section VI; and
III.
WHEREAS, if necessary to reach a determination on the request for reasonable
accommodation, the review authority may request further information from the applicant
consistent with fair housing laws, specifying in detail the information that is required. In the
event that a request for additional information is made, the thirty (30) day period to issue a
decision is stayed until the applicant completely responds to the request.
SECTION VI: REQUIRED FINDINGS FOR APPROVING A REASONABLE ACCOMODATION
REQUEST
I.
WHEREAS, 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:
(1) Whether the housing, which is the subject of the request for reasonable
accommodation, will be used by an individual with disabilities protected under fair housing laws;
(2) Whether the requested accommodation is necessary to make housing available to an
individual with disabilities protected under the fair housing laws;
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(3) Whether the requested accommodation would impose an undue financial or
administrative burden on the County;
(4) Whether the requested accommodation would require a fundamental alteration in the
nature of the County’s land use and zoning or building program; and
(5) Whether there is an alternative accommodation which may provide an equivalent
level of benefit to the applicant.
SECTION VII:
WRITTEN
ACCOMODATION
DECISION
ON
THE
REQUEST
FOR
REASONABLE
I.
WHEREAS, the written decision on the request for reasonable accommodation shall
explain in detail the basis of the decision, including the review authority’s findings on the criteria
set forth in Section VI. All written decisions shall give notice of the applicant’s right to appeal
and to request reasonable accommodation in the appeals process as set forth below. The
notice of decision shall be sent to the applicant by mail; and
II.
WHEREAS, the written decision of the review authority shall be final unless an applicant
appeals it to the Marin County Board of Supervisors; and
III.
WHEREAS, if the review authority fails to render a written decision on the request for
reasonable accommodation within the thirty (30) day time period allotted by Section V, the
request shall be deemed granted; and
IV.
WHEREAS, while a request for reasonable accommodation is pending, all laws and
regulations otherwise applicable to the property that is the subject of the request shall remain in
full force and effect.
SECTION VIII: APPEALS
I.
WHEREAS, within ten (10) business days of the date of the review authority’s written
decision, an applicant may appeal a decision to the Board of Supervisors. Appeals from the
adverse decision shall be made in writing; and
II.
WHEREAS, if an individual needs assistance in filing an appeal on an adverse decision,
the County will provide assistance to ensure that the appeals process is accessible; and
III.
WHEREAS, all appeals shall contain a statement of the grounds for the appeal. Any
information identified by an applicant as confidential shall be retained in a manner so as to
respect the privacy rights of the applicant and shall not be made available for public inspection;
and
IV.
WHEREAS, the Board of Supervisors shall determine an appeal no later than its eighth
regular meeting following the date on which an appeal was filed with the Agency. The action
from which an appeal is taken may be reviewed or modified only by the affirmative vote of a
majority of the members of the Board of Supervisors.
V.
WHEREAS, nothing in this procedure shall preclude an aggrieved individual from
seeking any other state or federal remedy available.
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SECTION IX: SEVERABILITY
I.
WHEREAS, if any section, phrase sentence or other portion of this Ordinance for any
reason is held or found to be invalid, unenforceable, or unconstitutional by a court of competent
jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and the
holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION X: ACTION
NOW, THEREFORE, BE IT RESOLVED that the Marin County Board of Supervisors
adopts the provisions contained in this Ordinance.
SECTION XI: EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be and is hereby declared to be in full force and effect as of thirty (30) days
from and after the date of its passage and shall be published once before the expiration of
fifteen (15) days after its passage, with the names of the Supervisors voting for and against the
same, in the Marin Independent Journal, a newspaper of general circulation published in the
County of Marin.
SECTION XII: VOTE
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Marin held on this 3rd day of December 2013, by the following vote:
AYES:
NOES:
ABSENT:
SUPERVISORS Kathrin Sears, Susan L. Adams, Steve Kinsey, Katie Rice,
Judy Arnold
NONE
NONE
PRESIDENT, BOARD OF SUPERVISORS
ATTEST:
CLERK
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