§ 30.86.230. Reasonable Accommodation.
A.
Purpose. It is the policy of the City of Del Mar to provide reasonable accommodation in regulations and procedures to ensure equal access to persons with disabilities to housing or commercial or industrial facilities and to facilitate the development of housing for persons with disabilities. This Section is based on requirements of Federal and State housing laws, including the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act, and implements the Housing Element of the City's General Plan. The purpose of this Section is to provide a procedure under which a person with disabilities, or a property owner of commercial or industrial uses, may request a reasonable accommodation in the application of zoning regulations in order to secure equal access to housing or commercial or industrial facilities, and outlines a process for decision makers to act upon such requests. This Section is intended for all uses, and within all zoning designations, and is distinct from the requirements for a variance. The City also recognizes the importance of sustaining and enhancing the community, as articulated in the City's Community Plan, and will consider whether the requested reasonable accommodation would result in an undue burden to the City or a fundamental alteration of City policies.
B.
Definitions.
Person with Disabilities and Reasonable Accommodation shall have the same meaning as those stated in Chapter 30.04 (Definitions).
C.
Applicability. The provisions of this Section apply to all uses that will be used by a person with disabilities. In order to make housing and commercial or industrial facilities accessible to a person with disabilities, any person may request a reasonable accommodation, or exception to the City's Zoning Code regulations, in accordance with this Section.
D.
Application and Review Procedure.
1.
Applicant. Any person who requests reasonable accommodation, based on the disability of residents or users, in the application of a land use or zoning law which may be acting as a barrier to fair housing and access opportunities, may submit an application. The applicant may be the person with the disability, or his or her representative, or a developer of housing or commercial or industrial facilities for the purpose of accommodating persons with disabilities.
2.
Application. An Administrative Design Review (ADR) application shall be filed with the Planning and Community Development Director, or his or her designee. In addition to completion of the ADR application, the applicant shall include:
a.
Basis for the claim, such as a medical certification, that the person on whose behalf the accommodation is sought is disabled; or
b.
Explanation of why the reasonable accommodation is necessary to make the specific housing or commercial facility accessible to the person with disabilities.
c.
Other relevant information as requested by the Planning and Community Development Director, or his or her designee, in order to make the required findings.
3.
Noticing. The application noticing shall be consistent with Subsection 23.08.035.B. (Administrative Design Review) of the DMMC.
4.
Findings. Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth below. An application under this Chapter for a reasonable accommodation shall be granted if all of the following findings are made:
a.
The housing or commercial facility, which is the subject of the request, will be used or occupied by a person with disabilities.
b.
Due to the physical attributes of the subject property or the structures on site, the requested reasonable accommodation is necessary to make the specific housing or commercial facility accessible to a person with disabilities under the Federal Fair Housing Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act (ADA).
c.
The requested reasonable accommodation would not create an undue financial or administrative burden for the City.
d.
The requested reasonable accommodation would not require a fundamental alteration in City's land use and zoning ordinances, programs or policies. In making this finding, the decision-making body may consider, but its consideration is not limited to, the following factors:
i.
Whether the proposed changes to the subject property and structures, would adversely impact the health, safety or use of adjacent properties or the City right-of-way.
ii.
Whether any reasonable alternatives have been identified that would provide an equivalent level of benefit without requiring a reasonable accommodation or exception to the City's applicable rules, standards and practices.
5.
Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose conditions to ensure that the reasonable accommodation complies with the findings required by this Chapter. Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are no longer necessary in order to accommodate a person with disabilities. The reviewing authority may require the recordation of the conditions of approval, or its equivalent.
6.
Determination. A determination timeframe on the application request shall be made consistent with Subsections 23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.
7.
Appeals. The appeal process shall be made consistent with Subsections 23.08.035.B., C., and D. (Administrative Design Review) of the DMMC.
(Ord. No. 917 , § 2, 9-19-2016)