Housing that is accessible to people with disabilities has been identified as a special housing need in the town's housing element adopted in 2002, specifically Program 4-A2. The purpose of this chapter, therefore, is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation under the federal Fair Housing Amendments Act of 1988 (42 USCS 3601 et seq.) and the state Fair Employment and Housing Act (California Government Code Section 12900 et seq.) ("the Acts") in the application of the town's zoning and other land use laws, regulations, rules, standards, policies, procedures, and practices (hereafter "Land Use Rules"). The further purpose of this chapter is to establish relevant criteria for considering such requests.

(Ord. 648 § 10, 2003)

A person with a disability (meaning a person with a "disability" as defined under the state Fair Employment and Housing Act or a person with a "handicap" as defined under the federal Fair Housing Amendments Act of 1988), that person's representative, or any entity may request reasonable accommodation when the application of a Land Use Rule acts as a barrier to fair housing opportunities. A request for reasonable accommodation may include a request for modification or exception to the Land Use Rules for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of that person's choice.

(Ord. 648 § 10, 2003)

A.

Requests for reasonable accommodation shall be submitted by letter to the city planner and shall describe the requested accommodation and contain the following information:

(1)

Name, address, and telephone number of the person or entity making the request.

(2)

Address of the property for which the request is being made.

(3)

Current actual use of the property.

(4)

Basis for the claim that the individual is a person with a disability under the Acts.

(5)

Land Use Rule regarding which reasonable accommodation is being requested.

B.

No fee shall be required for submitting a letter of request under this chapter or filing an appeal under Section 17.42.050.

(Ord. 648 § 10, 2003)

A.

The city planner shall review the request and make a written determination within forty-five days after receipt of the request. The written determination shall be consistent with the requirements of the Acts and shall at a minimum address the factors set forth in paragraph C below.

B.

The city planner may grant, grant with modifications, or deny the request. In granting the request or granting the request with modifications, the city planner may impose any conditions of approval that the city planner deems reasonable and necessary to ensure that the reasonable accommodation is consistent with the factors set forth in subsection (C) below.

C.

The city planner's decision shall be based on consideration of the following factors:

(1)

Whether the housing that is the subject of the request will be used by an individual with a disability under the Acts.

(2)

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

(3)

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

(4)

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a town program or law, including, but not limited to, land use and zoning.

(5)

The physical attributes of the property and the structures on the property.

(6)

The potential impact of the requested reasonable accommodation on surrounding properties.

(7)

Alternative reasonable accommodation on the property.

(Ord. 648 § 10, 2003)

The person or entity that requested the reasonable accommodation may appeal the city planner's denial of the request or may appeal the conditions or modifications imposed by the city planner on the grant of the request. The appeal shall be submitted to the city planner in writing within fifteen days after the date of the city planner's decision. The appeal shall be heard by the city council in a public hearing noticed pursuant to Chapter 1.20 using a type B public notice.

(Ord. 648 § 10, 2003)

This chapter shall be interpreted and applied in accordance with the Acts; nothing in this chapter shall be deemed to create greater rights than exist under the Acts.

(Ord. 648 § 10, 2003)