This chapter provides a procedure to request reasonable accommodation of persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of zoning laws and other land use regulations, policies, and procedures.
(Ord. 21-501 § 9)
A. 
Authorized Applicants. A request for reasonable accommodation may be made by any person 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, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment.
B. 
Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or exception to the rules and standards for the siting, development, improvement, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal access to housing. Requests for reasonable accommodation shall be in the manner prescribed by this chapter.
(Ord. 21-501 § 9)
A. 
Applications for reasonable accommodation shall be initiated by submitting application materials as required by Section 17.180.020, Applications, of this title including the following information to the Planning & Building Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee or deposit, and any other information, plans or maps prescribed by the Planning Officer. Application procedures and processing shall be in accordance with State law and procedural guidelines established by the Planning Officer.
In addition, the following shall be supplied by the applicant:
1. 
A description of the requested accommodation and the individual Municipal Code provision, Zoning Ordinance provision, or other regulation or policy from which reasonable accommodation is being requested.
2. 
A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. 
Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required.
(Ord. 21-501 § 9)
The Planning Officer, or the Zoning and Design Review Board or Town Council upon appeal, shall approve, conditionally approve, or deny applications for reasonable accommodation.
Requests for reasonable accommodation submitted for concurrent review with any other discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
(Ord. 21-501 § 9)
The Planning Officer, or the Zoning and Design Review Board or Town Council upon appeal, shall hold a public hearing on any proposed request for reasonable accommodation. Notice of public hearing shall be given consistent with Section 17.180.040, Notice of hearing, of this title.
(Ord. 21-501 § 9)
Following the public hearing, the Planning Officer, or the Zoning and Design Review Board or Town Council upon appeal, may approve the application and authorize a reasonable accommodation if from the facts presented all the following findings can be made:
A. 
The housing that is the subject of the request will be used by an individual with a disability protected under the Acts;
B. 
The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability protected under the Acts;
C. 
The request for reasonable accommodation would not impose an undue financial or administrative burden on the Town;
D. 
The request for reasonable accommodation would not require a fundamental alteration in the nature of the Town's zoning or building laws;
E. 
The request will not result in impacts to surrounding uses; and
F. 
An alternative reasonable accommodation to accomplish the same accessibility purpose or objective with less impacts is not available or practical.
(Ord. 21-501 § 9)
In approving a request for reasonable accommodation, the reviewing authority may impose conditions deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.212.060, Findings and decision, of this chapter.
(Ord. 21-501 § 9)