Chapter 17.255 — REASONABLE ACCOMMODATION

It is the policy of the City of El Cajon, pursuant to the Americans with Disabilities Act (ADA), Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act, to provide people with disabilities, reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions. (Ord. 5018 § 127, 2015)

This chapter shall apply to any person who is qualified as a "disabled person" under the ADA, or who is otherwise qualified to receive reasonable accommodation under any of the Housing Acts specified in Section 17.85.010.

(Ord. 5018 § 127, 2015)

A request for a reasonable accommodation to the rules, policies, practices, and procedures regulating the siting, development or use of housing may include, but is not limited to, yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) required strictly for accessibility accommodation. If an applicant needs assistance in making the request or any appeals associated with the request, the director shall provide reasonable assistance necessary to ensure the process is accessible to the applicant. No application fee shall be collected for reasonable accommodation requests filed pursuant to this chapter.

(Ord. 5018 § 127, 2015)

Any individual with a disability or person acting on their behalf may submit a request in writing to the director for reasonable accommodation. The request shall include an application and other materials required by the director. (Ord. 5018 § 127, 2015)

A reasonable accommodation request may be approved, conditionally approved, or denied by the director. The director may, at his or her discretion, refer a reasonable accommodation request to the planning commission, which may approve, conditionally approve, or deny such permits. (Ord. 5018 § 127, 2015)

In determining the reasonableness of a requested accommodation, the director shall consider the following factors:

1. The applicant making the request for reasonable accommodation is an individual protected under the Housing Acts specified in Section 17.85.010.

2. The accommodation is necessary to make a specific dwelling unit(s) available to an individual protected under the Housing Acts specified in Section 17.85.010.

3. There is no other reasonable alternative, consistent with the Zoning Code, which would allow equal access to a specific dwelling unit(s).

4. The requested accommodation would not impose an undue financial or administrative burden on the city.

5. The requested accommodation would not require a fundamental alteration in the nature of a program, policy, and/or procedure.

6. There are no other factors deemed relevant to the determination according to the Housing Acts specified in Section 17.85.010.

(Ord. 5018 § 127, 2015)

The applicant for a reasonable accommodation request shall be notified in writing of the decision of the director to approve, conditionally approve, or deny the request. In the event that the director refers the permit application to the planning commission, the applicant shall be notified in writing and the notice shall include the date and time of the planning commission meeting. (Ord. 5018 § 127, 2015)

The action of the director or the planning commission in approving, conditionally approving, or denying a reasonable accommodation request may be appealed pursuant to the requirements listed in Chapter 17.30 of this title. Planning commission decisions shall include findings to support the issuance or denial of this permit consistent with Section 17.85.060. (Ord. 5018 § 127, 2015)