Chapter 18.218 — Reasonable Accommodation

In accordance with the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts), it is the purpose of this Chapter to provide reasonable accommodations in the Town’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. This Chapter provides a formal procedure for persons with disabilities seeking equal access to housing under the Acts to request reasonable accommodation in the application of the Town’s land use regulations and establishes relevant criteria to be used when considering such requests.

A request for reasonable accommodation may be made by any person with a disability, their representative, or by an entity acting on behalf of a person or persons with disabilities to provide or secure equal access to housing, when the application of a zoning law or other land use 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 regarding as having such impairment, or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the regulations, policies, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.218.030 (Application Requirements).

• A. Application . Requests for reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter to the Community Development Director, and shall contain the following information:

  1. The applicant’s name, address, and telephone number;

  2. The street address and assessor’s parcel number of the property for which the request is being made;

  3. The current actual use of the property;

  4. The basis for the claim that the individual (or group of individuals, if application is

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made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;

5. The Development Code provision, regulation, or policy from which reasonable accommodation is being requested;

6. Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals;

7. Any other information that the Community Development Director reasonably concludes is necessary to determine the findings required by Section 18.218.050 (Findings and Decision), as long as any request for information regarding the disability of the individual(s) complies with the Acts and the privacy rights of the individual(s) affected.

• B. Concurrent Processing . If the project for which the request for reasonable accommodation is being made also requires some other land use permit approval, then the applicant shall file the request concurrently with the application for land use permit approval.

• C. Fee . No fee shall be required for a request for reasonable accommodation, but if the project requires a land use permit, then the prescribed fee shall be paid for all other land use permits.

• A. Community Development Director . Requests for reasonable accommodation shall be reviewed by the Community Development Director, or his/her designee, if no approval is sought other than the request for reasonable accommodation. The Director shall make a written determination within 45 days and either approve, approve with modifications, or deny a request for reasonable accommodation in accordance with Section 18.218.050 (Findings and Decision).

• B. Other Review Authority . Requests for reasonable accommodation submitted for concurrent review with another land use permit shall be reviewed by the authority reviewing the land use permit in compliance with the applicable review procedure for the land use permit. The review authority shall make a written determination and either approve, approve with modifications, or deny a request for reasonable accommodation in accordance with Section 18.218.050 (Findings and Decision).

• A. Findings. The written decision to approve, approve with modifications, or deny a request for reasonable accommodation will be consistent with the Act. The review authority may approve a reasonable accommodation only if all of the following findings can be made:

  1. The housing which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to provide the individual or group of individuals with a disability(ies) under the Acts with an equal opportunity to use and enjoy a dwelling;

  2. The requested reasonable accommodation will not impose an undue financial or administrative burden on the Town;

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3. The requested reasonable accommodation will not require a fundamental alteration in the nature of a Town program or law, including but not limited to the General Plan land use designation and zoning district;

4. The requested reasonable accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

• B. Conditions of Approval and Alternatives . In making these findings and approving a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings and/or approve alternative reasonable accommodations if the alternative accommodations provide an equivalent level of benefit and are suitable based on the circumstances of the particular case.

A decision by the review authority to approve, approve with modifications, or deny a request for reasonable accommodation may be appealed in accordance with Chapter 18.140 (Appeals).

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