Planning Commission Public Hearing September 9, 2016 County Code Text Amendment No. 2016-112; Reasonable Accommodation Ordinance Planning Commission Public Hearing September 9, 2016

Project Description Amendment to Mariposa County Code, Zoning Ordinance Project Proponent: Mariposa County Add Chapter 17.146 – Reasonable Accommodation Affects/eligible for properties countywide

Summary Federal and State Fair Housing laws prohibit discrimination in housing against individuals with disabilities. Laws require that cities and counties take affirmative action eliminate regulations and practices that deny housing opportunities to disabled individuals. Includes requiring flexibility in the application of land use and zoning regulations.

CA Government Code Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

What? Proposed ordinance: establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the County’s land use regulations establish criteria to be used when considering such requests.

What? Proposed ordinance implement Mariposa County General Plan: 2009-2014 Housing Element Section 8.6.04.H(2), Program 8.5 Housing for Persons with Disabilities

General Plan HE Program 8.5 County will adopt a written reasonable accommodation ordinance Provide minor exceptions to zoning and land use for housing for persons with disabilities Will allow for expedited processing and approval of such housing Procedure will be a ministerial process, subject to approval by the Planning Director (ministerial – no public hearing – no CEQA – no discretion)

General Plan HE Program 8.5 Planning Director apply following decision making criteria:   Request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws; Requested accommodation is necessary to make housing available to an individual with a disability protected under fair housing laws; Requested accommodation would not impose an undue financial or administrative burden on the County; and Requested accommodation would not require a major alteration of the County’s General Plan or Zoning Ordinance Timing: 2010-2011

Public Notice / Public Input Public hearing notice with a summary of the proposed Reasonable Accommodation Ordinance was published in the Mariposa Gazette on August 25, 2016 No public comment

Staff Recommendation Adopt a resolution with findings recommending that the Board of Supervisors:   Adopt a resolution approving County Code Text Amendment No. 2016-112; action includes recommended findings, including an environmental determination; and Waive the first reading and introduce an ordinance amending County Code pursuant to County Code Text Amendment No. 2016-112; action includes findings.

What’s Next? Noticed Board of Supervisors Public Hearing (10/25/16) (Updated Housing Element) Board take final action on project: Resolution Ordinance Amendments effective 30 days after the second reading