Local code · Santa Monica

Santa Monica — Reasonable Accommodation

Q: Do I have to use a City form for a reasonable accommodation request in Santa Monica?

No. Santa Monica allows a request to be submitted orally or in writing , although the City must provide an optional form. The form is designed to collect the applicant and owner information, property use, disability description, affected rule or structure, requested measure, and disability-related connection. § 9.49.030(A)

Q: How long does Santa Monica have to respond to a reasonable accommodation request?

Within a reasonable time, not exceeding 45 days after submittal, the Director must either approve the request or begin the written interactive process. A request that is more time-sensitive must be reviewed as soon as possible. § 9.49.050(A)

Q: Do I have to remove an approved accessible modification when I move out of a Santa Monica home?

Usually, a physical modification must be removed within 60 days after the person for whom it was approved no longer resides on the parcel or no longer needs it. The Director may allow it to remain if it is integrated into the structure and cannot easily be removed or brought into zoning compliance, or if it is needed for another person with a disability. § 9.49.070(A)

Q: Does Santa Monica Chapter 9.49 set R-1 setbacks, ADU rules, or parking requirements?

No. Chapter 9.49 does not establish R-1 dimensional standards, ADU regulations, or parking ratios; it provides a process to seek a disability-related accommodation from an otherwise applicable City land-use rule. The relevant baseline rule and parcel conditions must be confirmed separately. §§ 9.49.010, 9.49.020

The Santa Monica Reasonable Accommodation, explained in plain English with the controlling citations.

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Quick answer

In Santa Monica, a person with a disability, representative, or entity may seek a housing-related exception or modification to a land-use rule, and the Director must grant it when all five findings are met, including necessity and no undue City burden or direct threat (§ 9.49.060(B)). The Director must approve or begin the interactive process within 45 days of submittal, unless the request is more time-sensitive (§ 9.49.050(A)).

Last reviewed: September 21, 2026 · AI-generated analysis · General information, not legal advice · details

Compiled from Santa Monica's adopted code with AI research tools and grounded in the sources cited below. Verify with Santa Monica planning staff before relying on it.

Overview

Santa Monica Municipal Code Chapter 9.49, Reasonable Accommodation, creates a City review process for requests to modify or make exceptions to land-use and zoning rules, policies, practices, or procedures when those rules create a disability-related barrier to housing. Its purpose is equal access to housing and housing-related facilities for people with disabilities. § 9.49.010

A request may concern the siting, development, or use of housing or a housing-related facility, including a requested physical modification. It is not a general discretionary entitlement: the request must establish a disability-related need and satisfy the Chapter’s specific approval findings. §§ 9.49.020, 9.49.060

Key rule: Santa Monica must grant a reasonable accommodation or modification when all five approval findings are established, including disability-related necessity, no undue City burden, no fundamental alteration of City programs, and no direct safety or property-damage threat. § 9.49.060(B)

What Chapter 9.49 Covers

The Chapter applies where a zoning law or other land-use regulation, policy, or practice creates a barrier to fair-housing opportunities for a person with a disability. The applicant can seek an exception or modification to rules governing the siting, development, or use of housing or housing-related facilities. § 9.49.020(A)–(B)

Potential subjects may include an otherwise applicable development standard, parking rule, or other local land-use requirement. Whether a particular standard can be accommodated depends on the individual request and the required findings—not on a blanket exemption from the City’s rules. § 9.49.060(B)

A requested accommodation may also be tied to an application needing another City approval, such as design review. In that situation, the accommodation request must be acted on before the associated approval application. § 9.49.030(B)

District Applicability

Chapter 9.49 does not establish district-specific reasonable-accommodation rules, permitted-use lists, setbacks, height limits, floor-area ratios, or overlay standards. It is a citywide procedural and findings-based chapter that can apply where an otherwise applicable local land-use requirement presents a disability-related housing barrier. §§ 9.49.010, 9.49.020

Citywide — all Santa Monica zoning districts

The Chapter’s procedure is not limited to a particular district such as R-1, commercial districts, or any overlay district. It may be used when a zoning or land-use rule affecting housing or a housing-related facility creates a qualifying barrier, subject to the Director’s findings. §§ 9.49.020, 9.49.040, 9.49.060

Purpose: Equal opportunity to use and enjoy a dwelling through reasonable accommodations or modifications. § 9.49.010
Typical request context: An exception or modification involving the siting, development, or use of housing or a housing-related facility. § 9.49.020(B)
Dimensional standards: Not found in source materials. Chapter 9.49 does not state district setbacks, height, lot-coverage, or FAR figures.
Where it applies: City land-use and zoning regulations, policies, practices, and procedures affecting fair-housing opportunities. §§ 9.49.010, 9.49.020

For the baseline rule that a request proposes to change, verify the parcel’s Santa Monica zoning, applicable overlay districts, and the governing development-standard section. Verify with the jurisdiction.

Eligible Applicants and Requests

A request may be made by:

A person with a disability;
The person’s representative; or
An entity, when application of a zoning law or other land-use regulation, policy, or practice acts as a barrier to fair-housing opportunities. § 9.49.020(A)(1)

The Chapter is intended for people who qualify as disabled or handicapped under the fair-housing and disability laws identified in Chapter 9.49. § 9.49.020(A)(2)

An eligible request may seek a modification or exception to City rules, standards, or practices for the siting, development, or use of housing or housing-related facilities. The requested measure must be directed at eliminating the regulatory barrier and providing an equal opportunity to use and enjoy a dwelling. § 9.49.020(B)(1)

Decision-relevant issue	Santa Monica rule	Code Reference
Who may request relief	A person with a disability, representative, or entity may request accommodation or modification when a land-use rule creates a fair-housing barrier.	§ 9.49.020(A)
What may be changed	Rules, standards, and practices governing housing or housing-related facilities may be modified or excepted from when needed to remove a regulatory barrier.	§ 9.49.020(B)
Filing format	A request may be submitted orally or in writing; the City must offer an optional form.	§ 9.49.030(A)
Initial City action	Within a reasonable time, not exceeding 45 days, the Director must approve the request or initiate the written interactive process, unless it is more time-sensitive.	§ 9.49.050(A)
Approval threshold	The Director grants the request if all five approval findings are established.	§ 9.49.060(B)
Related entitlement	A concurrent accommodation request is acted upon before the associated permit, approval, or entitlement application.	§ 9.49.030(B)
Removal after need ends	A physical modification generally must be removed within 60 days after the beneficiary no longer resides there or no longer needs it, subject to stated exceptions.	§ 9.49.070(A)

Filing the Request

The applicant may submit the request orally or in writing to the City. Santa Monica must provide an optional form that gives the requester space to provide the information listed below. § 9.49.030(A)

A complete, well-supported request should identify:

The applicant’s name, address, and telephone number. § 9.49.030(A)(1)
The property owner’s name, address, and telephone number, plus the current address of the property for which the request is made. § 9.49.030(A)(2)
The property’s current actual use. § 9.49.030(A)(3)
The nature of the disability. § 9.49.030(A)(4)
The City zoning provision, regulation, or policy from which relief is requested, or the physical structure that a requested modification would alter. § 9.49.030(A)(5)
The precise accommodation or modification sought and the connection between the disability and the request. § 9.49.030(A)(6)

Where a request involves a housing addition or alteration, the accommodation procedure does not state whether separate permits are needed or how construction standards are applied. Coordinate early with the California Building Standards Code; Chapter 9.49 does not establish building-permit or construction-code requirements.

Review Procedure and Interactive Process

The Director reviews the request and makes the determination under the Chapter’s review procedures and findings. § 9.49.040

After receiving a request, the Director must promptly either:

Issue a written approval decision based on the approval findings; or
Start the written interactive process. § 9.49.050(A)

The Director must decide whether to approve or begin the interactive process within a reasonable time, not exceeding 45 days after submittal. If the request is more time-sensitive, the Director must review it as soon as possible. § 9.49.050(A)

When the Director must seek more information

The Director must promptly start the interactive process if the request lacks information needed to determine either:

Whether the person for whom the request is made has a disability; or
The connection between the disability and the requested accommodation or modification. § 9.49.050(B)

The Director must promptly contact the requester for the needed information and review what is provided. If the Director determines that all approval criteria are established after reviewing that information, the Director must grant the request. § 9.49.050(B)

When the proposed request creates a City concern

The Director must also promptly initiate the interactive process if the requested measure would create an undue financial or administrative burden for the City, fundamentally alter the City’s land-use, zoning, or building program, or pose a direct safety threat or substantial physical damage risk. § 9.49.050(C)

The source materials do not provide the complete text following the interactive-process requirement in § 9.49.050(C). The final procedure for evaluating alternatives after that process is therefore not found in source materials, except as reflected in the denial findings of § 9.49.060(C)(3)–(5).

Approval Findings

The Director must grant the requested reasonable accommodation or modification when all of the following are established:

Required finding	Practical meaning	Code Reference
Disability-related occupant or user	The housing or other property will be used by an individual with a disability.	§ 9.49.060(B)(1)
Necessity	The accommodation or modification is necessary to give that individual an equal opportunity to use and enjoy a dwelling.	§ 9.49.060(B)(2)
No undue City burden	The request will not impose an undue financial or administrative burden on the City.	§ 9.49.060(B)(3)
No fundamental alteration	The request will not fundamentally alter the nature of the City’s land-use, zoning, or building program.	§ 9.49.060(B)(4)
No direct threat or substantial damage	The request will not directly threaten another’s health or safety or cause substantial physical damage to another’s property.	§ 9.49.060(B)(5)

The Director’s decision must be in writing and must state the findings supporting approval or denial, along with other relevant information on which the decision relies. § 9.49.060(A)

This is distinct from an ordinary variance or exception: Chapter 9.49 uses disability-related equal-opportunity findings rather than the usual property-hardship framework. § 9.49.060(B)

Grounds for Denial and Alternative Accommodations

The Director may deny a request if the person for whom the request is made is not disabled or if the requested measure is not necessary for equal opportunity to use and enjoy a dwelling. § 9.49.060(C)(1)–(2)

For a request that would impose an undue City burden, fundamentally alter a City program, or create a direct threat or substantial property-damage risk, denial is authorized only when the Director and requester were not able to identify another accommodation that would be equally effective in providing equal housing opportunity. § 9.49.060(C)(3)–(5)

A request may also be denied if the requester fails to participate in good faith in the interactive process initiated by the Director. § 9.49.060(C)(6)

Duration, Removal, and Later Occupants

A physical modification approved under Chapter 9.49 generally must be removed within 60 days when the person or people for whom it was granted no longer live on the parcel or no longer need it. § 9.49.070(A)

Removal is not required within that period if the Director first determines either of the following:

The modification is physically integrated into the residential structure and cannot readily be removed or altered to comply with the Zoning Ordinance; or
The modification is necessary to provide another individual with a disability an equal opportunity to use the dwelling. § 9.49.070(A)(1)–(2)

The Director may ask an applicant or successor in interest to verify that a modification remains necessary for a later occupant. Failure to provide the requested documentation within 30 days after the Director’s request is grounds for City discontinuance of the prior approval. A person may request the same or another accommodation or modification at any time. § 9.49.070(B)

Practical Coordination Points

A reasonable-accommodation request may affect land-use standards that otherwise apply to a residence, but Chapter 9.49 does not itself identify the underlying rule for any particular property. Applicants should clearly identify the baseline rule and the exact exception or modification requested. § 9.49.030(A)(5)–(6)

For example, an applicant seeking relief related to an ADU, site access, or a housing-related facility should distinguish the ordinary project approval from the disability-related accommodation request. When submitted together, the accommodation decision comes first. § 9.49.030(B)

Chapter 9.49 also does not establish special rules for historic resources, landscaping, or parcel-specific overlays. If those requirements are implicated, verify the governing local rule separately, including any historic preservation constraints. Verify with the jurisdiction.

Checklist

Confirm that the property or housing-related facility will be used by an individual with a disability. § 9.49.060(B)(1)
Identify the specific Santa Monica zoning rule, land-use regulation, policy, practice, or physical structure at issue. § 9.49.030(A)(5)
Describe the requested accommodation or physical modification with enough specificity for City review. § 9.49.030(A)(6)
Explain the connection between the disability and the requested accommodation or modification. § 9.49.030(A)(6)
Provide the applicant, owner, property-address, and current-use information requested on the optional City form. § 9.49.030(A)(1)–(4)
Submit the request orally or in writing to the City. § 9.49.030(A)
If another City entitlement is pending, submit the accommodation request with it and identify the associated application. § 9.49.030(B)
Be prepared to provide follow-up information if the Director initiates the interactive process regarding disability status or the disability-request connection. § 9.49.050(B)
Participate in the interactive process in good faith. § 9.49.060(C)(6)
Address why the proposal will not create an undue City burden, fundamentally alter a City program, or create a direct threat or substantial property damage. § 9.49.060(B)(3)–(5)
If the request involves a physical modification, plan for removal within 60 days after the qualifying need ends unless the Director makes an applicable exception finding. § 9.49.070(A)

Risks & Ambiguities

Issue	Why it matters	What to verify
Incomplete causal explanation	A request can fail if the connection between disability and requested measure is not established.	Provide a clear, request-specific explanation and respond to Director inquiries. §§ 9.49.030(A)(6), 9.49.050(B), 9.49.060(B)(2)
Request framed as a general zoning preference	Chapter 9.49 requires necessity for equal opportunity to use and enjoy a dwelling, not merely project convenience.	Identify the actual regulatory barrier and why the requested measure is necessary. §§ 9.49.020(B), 9.49.060(B)(2)
Safety, damage, or City-program impacts	Direct threat, substantial damage, undue burden, or fundamental alteration can trigger the interactive process and support denial if no equally effective alternative is identified.	Evaluate alternatives with the Director in good faith. §§ 9.49.050(C), 9.49.060(C)(3)–(6)
Concurrent permit sequencing	The accommodation request must be acted on before the connected permit or entitlement.	Identify every associated permit, approval, or entitlement at filing. § 9.49.030(B)
Physical modification remains after occupancy changes	An approved modification may have to be removed in 60 days once the recipient no longer resides there or needs it.	Ask whether an integrated-modification or later-occupant exception may apply. § 9.49.070(A)
Successor documentation	The Director can request verification for a subsequent occupant; no response within 30 days can support discontinuance.	Maintain support for ongoing necessity and respond promptly to a Director request. § 9.49.070(B)
Appeals, fees, notices, and hearings	Chapter 9.49 materials provided do not state an appeal route, fee, public-notice requirement, or hearing procedure.	Not found in source materials. Verify with the jurisdiction.
Construction permits and technical accessibility standards	Chapter 9.49 authorizes land-use accommodations but does not state that building permits or technical construction requirements are waived.	Not found in source materials. Verify with the jurisdiction and applicable building officials.

Plain-English Summary

If a Santa Monica housing rule makes it harder for a person with a disability to use or enjoy a home, that person—or someone acting for them—can ask the City to change or waive the rule. The applicant must explain the disability-related need, and the City must approve the request if it is necessary, does not unduly burden the City or fundamentally change its programs, and does not create a direct safety or substantial property-damage risk. § 9.49.060(B)

Source References

Santa Monica Municipal Code, § 9.49.010 — Purpose.
Santa Monica Municipal Code, § 9.49.020 — Applicability; eligible applicants and requests.
Santa Monica Municipal Code, § 9.49.030 — Application requirements and concurrent processing.
Santa Monica Municipal Code, § 9.49.040 — Director review authority.
Santa Monica Municipal Code, § 9.49.050 — Review procedures and interactive process.
Santa Monica Municipal Code, § 9.49.060 — Written decision, approval findings, and denial findings.
Santa Monica Municipal Code, § 9.49.070 — Duration, removal, and later-occupant verification.

Sources

Source passages

Santa Monica Zoning Code § 9.49.010 Medium relevance
Santa Monica Zoning Code § 9.49.020 Medium relevance
Santa Monica Zoning Code § 9.49.030 Medium relevance
Santa Monica Zoning Code § 9.49.040 Medium relevance
Santa Monica Zoning Code § 9.49.060 Medium relevance
Santa Monica Zoning Code § 9.49.070 Medium relevance
Santa Monica Zoning Code § 9.49.050 Medium relevance

Cited sections

Official Santa Monica code library

Frequently asked questions

Who can request a reasonable accommodation in Santa Monica?

A person with a disability, that person’s representative, or an entity may request a reasonable accommodation or reasonable modification when a zoning or land-use rule, policy, or practice creates a barrier to fair-housing opportunities. The Chapter is intended to apply to people considered disabled or handicapped under the laws identified by the ordinance. § 9.49.020(A)

Can I request a Santa Monica zoning exception because of a disability?

Yes, if the exception or modification concerns the siting, development, or use of housing or a housing-related facility and is needed to remove a regulatory barrier to equal use and enjoyment of a dwelling. The request must identify the relevant rule and explain the connection between the disability and the proposed accommodation. §§ 9.49.020(B), 9.49.030(A)(5)–(6)

Do I have to use a City form for a reasonable accommodation request in Santa Monica?

No. Santa Monica allows a request to be submitted orally or in writing, although the City must provide an optional form. The form is designed to collect the applicant and owner information, property use, disability description, affected rule or structure, requested measure, and disability-related connection. § 9.49.030(A)

How long does Santa Monica have to respond to a reasonable accommodation request?

Within a reasonable time, not exceeding 45 days after submittal, the Director must either approve the request or begin the written interactive process. A request that is more time-sensitive must be reviewed as soon as possible. § 9.49.050(A)

What must Santa Monica find before approving a reasonable accommodation?

The Director must find that the property will be used by a person with a disability, the measure is necessary for equal use and enjoyment of a dwelling, it does not unduly burden the City, it does not fundamentally alter the City’s land-use, zoning, or building program, and it does not create a direct safety threat or substantial property damage. § 9.49.060(B)

Can Santa Monica deny a disability-related zoning accommodation if there is another effective option?

For a request involving undue burden, fundamental alteration, direct threat, or substantial property-damage concerns, the Director may deny only if the Director and requester could not identify another accommodation that would be equally effective for equal use and enjoyment of the dwelling. The requester must engage in the interactive process in good faith. § 9.49.060(C)(3)–(6)

Does a reasonable accommodation request get decided before my Santa Monica permit application?

Yes. If the reasonable-accommodation or modification request is submitted with another City approval, permit, or entitlement application, Santa Monica must act on the accommodation request first. § 9.49.030(B)

Do I have to remove an approved accessible modification when I move out of a Santa Monica home?

Usually, a physical modification must be removed within 60 days after the person for whom it was approved no longer resides on the parcel or no longer needs it. The Director may allow it to remain if it is integrated into the structure and cannot easily be removed or brought into zoning compliance, or if it is needed for another person with a disability. § 9.49.070(A)

Does Santa Monica Chapter 9.49 set R-1 setbacks, ADU rules, or parking requirements?

No. Chapter 9.49 does not establish R-1 dimensional standards, ADU regulations, or parking ratios; it provides a process to seek a disability-related accommodation from an otherwise applicable City land-use rule. The relevant baseline rule and parcel conditions must be confirmed separately. §§ 9.49.010, 9.49.020

General information, not legal advice.

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