The purpose of this section is to establish a procedure that individuals with disabilities can use to request reasonable accommodation in the town's laws, standards, policies, practices and procedures, so that the individuals will have equal access to housing in accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. In addition, this section describes the process that shall be used to consider and decide on such requests.

(Ord. 2011-390 § 3, 2011)

A. 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.

B.

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.

(Ord. 2011-390 § 3, 2011)

To ensure that individuals with disabilities are aware of the reasonable accommodation procedure, notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in town hall, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public at town hall.

(Ord. 2011-390 § 3, 2011)

A. Requests for reasonable accommodation shall be in writing and provide the following information:

1.

Name, address and telephone number of the individual(s) requesting reasonable accommodation;

2.

Name and address of the property owner(s);

3.

Address of the property for which accommodation is requested;

4.

Description of the requested accommodation and the regulation, policy or procedure for which accommodation is sought; and

5.

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

B.

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.

C.

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 individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

D.

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

(Ord. 2011-390 § 3, 2011)

A. The reviewing authority for requests for reasonable accommodations shall be the town planner or his/her designee.

B.

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 criteria:

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;

3.

Whether the requested accommodation would impose an undue financial or administrative burden on the town; and

4.

Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction's land use and zoning or building program.

C.

In granting the request or granting the request with modifications, the reviewing authority may impose any conditions of approval that are reasonable and necessary to ensure that the reasonable accommodation is consistent with the criteria in subsection B. above.

D.

The reviewing authority shall issue a written decision on a request for reasonable accommodation within forty-five 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 subsection B. above.

E.

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. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.

F.

The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection B. above. 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 written decision shall be sent to the applicant by certified mail.

G.

The written decision of the reviewing authority shall be final unless an applicant appeals it to the jurisdiction's planning commission.

H.

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.

(Ord. 2024-451 § 1 (Att. A), 2024; Ord. 2024-450 § 1 (Att. A), 2024; Ord. 2011-390 § 3, 2011)

A. An applicant or any abutting neighbor may appeal an adverse decision within thirty days of the date of the reviewing authority's written decision.

B.

The appeal shall be in writing and shall state the grounds for the appeal. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

C.

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.

D.

The appeal shall be heard by the town council in a public hearing, with notice given to all property owners of land directly abutting the proposed site.

E.

Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.

(Ord. 2011-390 § 3, 2011)