It is the policy of the City to provide individuals with disabilities
reasonable accommodation in rules, policies, practices, and procedure
to ensure the equal access to housing and facilitate the development
of housing for individuals with disabilities in compliance with the
California Fair Employment and Housing Act, the Federal Fair Housing
Act, Section 504 of the Rehabilitation Act, and the Americans with
Disabilities Act (referred to in this Chapter as the "Acts"). This
Chapter provides a procedure for making requests for reasonable accommodations
in the City's land use and zoning regulations, policies, practices,
and procedures to comply fully with the intent and purpose of the
fair housing laws.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Eligible Applicants.
1. A
request for reasonable accommodation may be made by any person with
a disability, their representative, or any entity, when the application
of a zoning law or other land use regulation, policy, or practice
acts as a barrier to fair housing opportunities.
2. This
Chapter is intended to apply to those persons who are defined as disabled
or handicapped under the Acts.
B. Eligible Requests.
1. A
request for reasonable accommodation may include a modification or
exception to the rules, standards, 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 equal opportunity
to housing of their choice.
2. A request for reasonable accommodation shall comply with Section
9.49.030.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Application. A request for reasonable accommodation shall
be submitted on an application form provided by the City and shall
contain all of the following information:
1. The
applicant's name, address, and telephone number.
2. Name,
address, and telephone number of the property owner and the current
address for which the request is being made.
3. The
current actual use of the property.
4. The
basis for the claim that the individual is considered disabled under
the Acts.
5. The
Zoning Code provision, regulation or policy from which the reasonable
accommodation is being requested.
B. Concurrent Processing. If a request for a reasonable accommodation
is being submitted in conjunction with an application for another
approval, permit, or entitlement under this Ordinance, it shall be
heard and acted upon at the same time and in the same manner as that
application.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Director's Review. A request for a reasonable accommodation
shall be reviewed and a determination shall be made by the Director
if no discretionary approval is sought other than the request for
reasonable accommodation.
B. Other Review Authority. A request for reasonable accommodation
submitted for concurrent review with another discretionary land use
application shall be reviewed and determined by the authority reviewing
the discretionary land use application.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A decision to grant an accommodation shall be based on the following
findings:
A. Director's Review. The Director shall make a written determination within 45 days following the submittal of a complete application and either approve, approve with modification, or disapprove a request for reasonable accommodation in compliance with Section
9.49.060 below.
B. Other Review Authority. The written determination on whether to approve or disapprove the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section
9.49.060 below.
C. Stays. 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 45 day
period to issue a decision is stayed until the applicant responds
to the request.
D. Impact on Other Laws. While a request for reasonable accommodations
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.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. Findings. A decision to grant a reasonable accommodation shall
be based on the following findings:
1. That
the housing or other property which is the subject of the request
for reasonable accommodation will be used by an individual or organization
entitled to protection;
2. The
request for accommodation is necessary to afford an individual with
a disability an equal opportunity to use and enjoy a dwelling or common
areas of the premises;
3. The
request for accommodation would not impose an undue financial or administrative
burden on the City; and
4. The
request for accommodation would not require a fundamental alteration
in the nature of the City's land use and zoning or building program.
B. Conditions of Approval. In approving a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by subsection
(A) of this Section. Additionally, the approved request for reasonable accommodation shall only be granted to an individual and shall not run with the land unless authorized pursuant to Section
9.49.080.
C. Written Decision. The written decision on the request for
a reasonable accommodation shall include the reviewing authority's
findings and any other relevant information upon which the decision
is based. All written decisions shall give notice of the applicant's
right of appeal and to request reasonable accommodation in the appeals
process as set forth below.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
The applicant or any other aggrieved party may appeal a decision
on a reasonable accommodation as follows:
A. A determination by the Director to grant or deny a request for reasonable accommodation may be appealed to a hearing examiner pursuant to Santa Monica Municipal Code Chapter
6.16.
B. A determination by the Planning Commission to grant or deny a request for reasonable accommodation may be appealed pursuant to Section
9.37.130, Appeals.
If an appellant needs assistance in filing an appeal, the Planning
Division shall provide the assistance that is necessary to ensure
that the appeal process is accessible to the applicant.
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(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)
A. A reasonable
accommodation shall lapse if the exercise of rights granted by it
is deemed ceased or discontinued for at least 180 consecutive days.
For purposes of this subsection, the terms ceased or discontinued
shall be defined as an abandonment of the rights, irrespective of
the owner's or occupant's intent.
B. If the
person(s) initially occupying a residence vacate, the reasonable accommodation
shall be removed within 60 days unless the reviewing authority first
determines that:
1. The
modification is physically integrated into the residential structure
and cannot easily be removed or altered to comply with this Zoning
Ordinance; or
2. The
accommodation is to be used by another qualifying individual with
a disability.
C. The
reviewing authority may request the applicant or the successor(s)-in-interest
to the property to provide documentation that the subsequent occupants
are qualifying persons with disabilities. Failure to provide the documentation
within 10 days following the date of a request by the reviewing authority
shall constitute grounds for discontinuance by the City of a previously-approved
reasonable accommodation.
D. The time limits in subsections
(A) and
(B) of this Section are tolled during any time the applicant is receiving medical care at a medical facility.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015)