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(a) The following findings must be made in order to approve a request for reasonable accommodation:
(1) The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the Fair Housing Laws.
(2) The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the Fair Housing Laws.
(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 and/or procedures of the County.
(5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.
(b) The County may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
(1) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.
(2) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
(c) Relative to residential care facilities, the County may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the County’s zoning program:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood.
(2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
(3) Whether granting the requested accommodation would substantially undermine any express purpose of either the County’s General Plan or an applicable Specific Plan.
(4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(d) In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this Chapter.
(Ord. 4169, passed - -2012; Am. Ord. 4230, passed - -2014)