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.
(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.
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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:
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.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
