California and federal laws, including the Federal Fair Housing Act of 1988, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act, guarantee individuals with disabilities the civil right to access publicly funded buildings, facilities and programs, or privately funded housing, including single and multiple-family dwelling units, and public accommodations on an equal basis with their fellow citizens who are not disabled. It is the policy of the city to provide people with disabilities with accommodations if reasonable and necessary. The city of San Dimas has historically provided such accommodations when persons with special needs have applied for exceptions from stated requirements of local regulations and practices. The purpose of this chapter is to codify this practice and provide a clear and defined process for individuals with disabilities to make requests for reasonable accommodation in regard to the rules, policies, practices and/or procedures of the city.
(Ord. 1146 § 1, 2005)
As used in this chapter, the following words shall have the meanings set forth in this section:
"Accommodation"
means any reasonable, necessary and/or feasible modification from the city's rules, policies, practices and/or procedures to provide a disabled person an equal opportunity to access publicly funded buildings, facilities and programs, or privately funded housing, including single and multiple-family dwelling units, and public accommodations as those citizens who are not disabled.
"Applicant"
means an individual making a request for a reasonable accommodation pursuant to this chapter.
"Code"
means the San Dimas Municipal Code.
"Department(s)"
means the department(s) within the jurisdiction responsible for administering requests for reasonable accommodation pursuant to this chapter.
"Disabled person"
means any person who has a medical, physical, or mental condition, disorder or disability as defined in California Government Code Section 12926, that substantially limits one or more major life activities.
(Ord. 1146 § 1, 2005)
Any disabled person, or his or her representative, may request an accommodation from any of the city's rules, policies, practices and/or procedures when accommodation is reasonable and necessary to afford such persons equal opportunity to access publicly funded buildings, facilities or programs, or privately funded housing, including single and multiple-family dwelling units, and public accommodations on an equal opportunity basis with citizens who are not disabled.
(Ord. 1146 § 1, 2005)
The city shall take the following actions:
A. 
At all public counters in each department, a notice shall be prominently displayed advising potential applicants that they may request an accommodation regarding any existing rule, policy, practice and/or procedure.
B. 
Forms for requesting an accommodation shall be readily available in all departments.
(Ord. 1146 § 1, 2005)
A. 
A disabled person (or his or her representative) who desires to request an accommodation may do so by filing an application with the proper department having subject-matter jurisdiction over the decision.
B. 
If an individual needs assistance in making the request for accommodation, each department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.
C. 
The application shall require the following information:
1. 
The applicant's name, address, and telephone number;
2. 
If not the applicant, the identity of the disabled person(s), and the applicant's relation to the disabled person(s);
3. 
Identification and description of the disability which is the basis for the request for accommodation, shall include current written medical certification and description of disability and its effects on the individual's medical, physical or mental limitations;
4. 
The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made;
5. 
The type of accommodation sought;
6. 
The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, shall include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
7. 
Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation;
8. 
Other supportive information deemed necessary by the affected department to facilitate proper consideration of the request;
9. 
If a zoning-related matter, a verification that adjacent property owners have been notified in the manner prescribed by the director of community development.
(Ord. 1146 § 1, 2005)
A. 
Findings. The following findings shall be analyzed, made, and adopted before any action is taken to approve, approve with conditions or deny a request for accommodation, and must be incorporated into the record of the proceeding relating to such decision:
1. 
Whether the request for accommodation is reasonable and necessary to afford the applicant with an equal opportunity to access publicly funded buildings, facilities and programs, or privately funded housing, including single and multiple-family dwelling units, and public accommodations on an equal basis with citizens who are not disabled;
2. 
Whether there are preferable and feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;
3. 
The physical attributes of and any proposed changes to property and structures;
4. 
Whether the requested accommodation will impose an undue financial or administrative burden on the city;
5. 
Whether the requested accommodation will require a fundamental alteration of the city's rules, policies, practices or procedures;
6. 
If a zoning-related issue, whether the requested accommodation would result in a detriment of the residential character of that neighborhood; and
7. 
Any other factor(s) that may have a bearing on the request.
B. 
Conditions of Approval. Any modification granted for an individual with a disability may, at the discretion of the decision maker, be considered as a personal accommodation for the individual applicant and may, at the determination of the decision maker, not run with the land. The conditions of approval may, where deemed appropriate, provide for any or all of the following:
1. 
Inspection of the affected premises periodically, as specified in the conditions, to verify compliance with this section and with any applicable conditions of approval;
2. 
Prior to any transfer of interest in the premises, notice to the transferee of the existence of the modification, the personal status of the modification and the requirement that the transferee apply for a new modification is necessary. Once such transfer takes effect, the modification shall have no further validity;
3. 
Removal of the improvements, where removal would not constitute an unreasonable and unfair financial burden, if the need for which the accommodation was granted no longer exists;
4. 
Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
5. 
Other necessary conditions deemed necessary to protect the public health, safety and welfare.
(Ord. 1146 § 1, 2005)
A. 
Receipt of Application. The department head overseeing the department with subject-matter jurisdiction over the request for accommodation, or his or her designee, shall investigate the facts bearing on the application, and compile the information necessary for a decision on the application.
B. 
Decision. The department head shall issue a written notice of decision within thirty days of the date of the submittal of a complete application and may grant the accommodation request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision is to be based on the contents of the application and a consideration of the factors set forth in Section 1.30.060 of this chapter. The notice of decision shall:
1. 
Contain the factual findings, conclusions and reasons for the decision;
2. 
Give notice of the right to appeal pursuant to Section 1.30.090 of this chapter;
3. 
Be sent to the applicant by mail.
(Ord. 1146 § 1, 2005)
A. 
Receipt of Application. The director of community development or his or her designee, shall investigate the facts bearing on the application, and compile the information necessary for a decision on the application.
B. 
Review. The application shall be forwarded to the director of community development for consideration within thirty days of the submittal of a complete application. At such review, the director shall conduct a review on the request for reasonable accommodation at which all reasonable evidence shall be considered. The director may, at their discretion or upon request of an applicant, continue the matter as deemed necessary if additional information will facilitate more complete consideration of the matter.
C. 
Decision. The director of community development shall issue a written decision and may grant the accommodation request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision is to be based on the contents of the application, any testimony requested by the applicant and or associated individuals, and a consideration of the factors set forth in Section 1.30.060 of this chapter. The decision shall:
1. 
Contain the factual findings, conclusions and reasons for the decision;
2. 
Give notice of the right to appeal pursuant to Section 1.30.090 of this chapter;
3. 
Be sent to the applicant by mail.
(Ord. 1146 § 1, 2005; Ord. 1324, 6/10/2025)
A. 
Appeal of Notice of Decision. Any person aggrieved or dissatisfied with the decision provided in Sections 1.30.070 and 1.30.080 of this chapter may appeal such decision to the city council. Such appeal shall be in writing, on a form prescribed by the city manager, and shall be filed with the city clerk within twenty calendar days of the issuance date of the notice of decision.
B. 
Review. The city council shall conduct a de novo review on the request for accommodation at which all reasonable evidence and credible testimony shall be considered. The city council may, at its discretion or upon request of an applicant, continue the matter as deemed necessary if additional information will facilitate more complete consideration of the matter.
C. 
Decision. The city council shall issue a written decision and may grant the accommodation request, deny the request, offer approval of an alternate accommodation, or approve the request with conditions. The written decision is to be based on the contents of the application, the staff report, the testimony and evidence presented at the hearing, and a consideration of the factors set forth in Section 1.30.060 of this chapter. The decision shall:
1. 
Contain the factual findings, conclusions and reasons for the decision;
2. 
Be sent to the applicant by mail;
3. 
Final Decision. The decision of the city council shall be final.
(Ord. 1146 § 1, 2005)
Applicants are advised that at any time during the application and/or hearing process, they may want to seek the advice of an attorney, and that in lieu of an appeal or after an adverse decision, they may pursue relief in a court of law.
(Ord. 1146 § 1, 2005)