The purpose of this chapter is to establish a procedure for making requests for reasonable accommodation in zoning and other land use regulations, policies, practices and procedures of the town in order to fully comply with the intent and purpose of the fair housing laws. It is the intent of the town pursuant to the fair housing laws to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities.

(Ord. No. 947, § 4, 1-20-2015)

A.

"Applicant" means an individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning or other land use regulation, policy, practice or procedure acts as a barrier to fair housing opportunities for individual(s) with disabilities.

B.

"Director" means the planning director or his/her designee.

C.

"Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such impairment; or being regarded as having such an impairment. "physical or mental impairment," "major life activities," "record of such impairment," and "regarded as having such an impairment" are defined in the Americans With Disabilities Act Title III regulations codified at 28 CRF Part 36.

D.

"Fair housing laws" means the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601, et seq.), including reasonable accommodation required by 42 U.S.C. 3604(f)(3)(B), and the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(1), as any of these statutory provisions now exist or may be amended from time to time.

E.

"Reasonable accommodation" means providing individuals with disabilities or developers of housing for people with disabilities flexibility in the application of zoning or other land use regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(Ord. No. 947, § 4, 1-20-2015)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters that accept planning and building applications, advising the public of the availability of the procedure for eligible individuals. Town employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation. Forms for requesting reasonable accommodation shall be available to the public in the planning department.

(Ord. No. 947, § 4, 1-20-2015)

A.

In order to make housing available to an individual with a disability, an applicant may request a reasonable accommodation in land use regulations, policies, practices and procedures.

B.

All requests shall be reasonable and limited to the minimum that the applicant believes is necessary to accommodate the disability. Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name and address of the applicant;

2.

Name and address of the property owner(s);

3.

Address of the property for which accommodation is requested;

4.

The current use of the property for which accommodation is requested;

5.

Description of the requested accommodation, and the regulation(s), policy or procedure for which accommodation is sought, which could include site plans, floor plans, and/or details as necessary to define the extent of the accommodation;

6.

The basis for the claim that the fair housing laws apply to the individual(s) with a disability and evidence supporting the claim, which may be in the form of a letter from a medical doctor or other licensed healthcare professional, a handicapped license, or other appropriate evidence;

7.

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the property; and

8.

How the property will be used by the applicant and individual(s) with disabilities.

C.

To the extent permitted by law, any information identified by the applicant as confidential shall be retained by the town in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection.

D.

A request for reasonable accommodation in regulations, policies, 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 applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.

E.

If an individual needs assistance in making the request for reasonable accommodation, the town will provide assistance to ensure that the process is accessible.

(Ord. No. 947, § 4, 1-20-2015)

Requests for reasonable accommodation shall be reviewed by the director, except requests that are integral to a related development project application shall, at the discretion of the director, be reviewed by the reviewing authority for the larger development. The reviewing authority shall issue a written decision to grant, grant with modifications, or deny a request for reasonable accommodation that shall be consistent with fair housing laws and be consistent with the following criteria:

A.

The housing which is the subject of the request for reasonable accommodation will be used by individual(s) with a disability protected under fair housing laws.

B.

The requested accommodation is necessary to make housing available to individual(s) with a disability protected under the fair housing laws.

C.

The requested accommodation would not impose an undue financial or administrative burden on the town.

D.

The requested accommodation would not require a fundamental alteration in the nature of the town's land use and zoning program.

E.

The design and location of the accommodation complies with the development standards applicable to the zoning district to the maximum extent feasible.

F.

The requested accommodation would not impose an undue hardship on the health, safety or welfare of the subject property owner/occupant or adjacent property owners.

G.

If a reasonable accommodation request is granted, an applicant shall nevertheless have to obtain all other applicable zoning, land use, and building approvals.

(Ord. No. 947, § 4, 1-20-2015; Ord. No. 1034, § 10, 6-4-2024)

A.

The director, or reviewing authority where applicable, shall consider and act on requests for reasonable accommodation and shall issue a written decision on the request for reasonable accommodation. This written decision shall explain in detail the basis of the decision consistent with the criteria set forth in CMMC 18.25.050.

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 in CMMC 18.25.070. The notice of decision shall be sent to the applicant by certified mail.

B.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in CMMC 18.25.050.

C.

If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. If additional information is required, a new thirty-day period will be triggered upon submittal of new information.

D.

The written decision of the reviewing authority shall be final unless the applicant appeals in accordance with CMMC 18.25.070.

E.

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty-day time period the request shall be deemed approved.

F.

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.

G.

If a reasonable accommodation request is granted, an applicant shall nevertheless have to obtain all other applicable zoning, land use, and building approvals.

(Ord. No. 947, § 4, 1-20-2015)

An applicant may appeal any decision for a reasonable accommodation in accordance with CMMC 18.34.

(Ord. No. 947, § 4, 1-20-2015)