Santa Maria City Zoning Code
CHAPTER 12
50 REASONABLE ACCOMMODATION
Section 12-50.01 Purpose.
This chapter implements the policy of the City of Santa Maria on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B) and state law [Government Code §12955.6]. The policy of the City of Santa Maria is to comply fully with the provisions of the Fair Housing Act. Any person with a disability and eligible under the Fair Housing Act may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act pursuant to the procedures set out in this Chapter. Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Chapter.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.02 Definitions.
The Fair Housing Amendments Act of 1988.
An individual, group or entity making a request for reasonable accommodation pursuant to this chapter.
The Santa Maria Municipal Code.
The Community Development Department of the City of Santa Maria.
Any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment.
Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.03 Notice to the public of availability of accommodation process.
The Department shall prominently display a notice at the counter in the City Community Development Department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.04 Requesting reasonable accommodation.
In order to make specific housing available to one or more individuals with disabilities, a person with a disability or a person acting on his or her behalf at his or her request (collectively "Applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedures of the City applicable to such housing.
(a)
A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the Department shall use the information to complete a reasonable accommodation request form.
(b)
The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.05 Jurisdiction.
(a)
Director/Designee. The director of the Department, or its designee ("Director/Designee"), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the director/designee for review and consideration. The director/designee shall issue a written determination within 30 days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by regular mail and by any other format reasonably requested by the applicant in writing.
(b)
If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said 30 day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have 15 days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the 30 day period to issue a written determination shall be stayed. The Director shall issue a written determination within 30 days after receipt of the additional information. If the applicant fails to provide the requested additional information within said 15 day period, the Director shall issue a written determination within 30 days after expiration of said 15 day period.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.06 Findings for reasonable accommodation.
The following findings, while not exhaustive of all consideration and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
(a)
Whether the housing subject to the request for reasonable accommodation is to be used by an individual protected under fair housing laws;
(b)
Whether the accommodation requested is necessary to make housing available to one or more persons with disabilities;
(c)
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme;
(d)
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Act. This ordinance does not obligate the City to grant any accommodation request unless required by the provisions of the Act or applicable California state law. |
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.07 Appeals.
(a)
Within 30 days after the date the director/designee mails a written adverse determination under Section 12-50.05 to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
(b)
All appeals shall contain a statement of the grounds for the appeal.
(c)
If an individual applicant needs assistance in appealing a determination, the Department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
(d)
Appeals shall be to the planning commission, which shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 30 days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 12-50.06 and shall be consistent with the Act and state law. The decision of the planning commission shall be final.
(e)
An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.08 No fee to be imposed.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Chapter or an appeal of a denial of such request by the director/designee. Nothing in this ordinance obligates the City to pay an applicant's attorney fee.
(Ord. 2007-25, eff. 1/17/08)
Section 12-50.09 Stay of Enforcement.
While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the applicant.
(Ord. 2007-25, eff. 1/17/08)