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:
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.
means an individual making a request for a reasonable accommodation
pursuant to this chapter.
means the San Dimas Municipal Code.
means the department(s) within the jurisdiction responsible
for administering requests for reasonable accommodation pursuant to
this chapter.
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:
(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 director of community development shall forward the application
to the development plan review board for consideration within thirty
days of the submittal of a complete application. At such review, the
development plan review board shall conduct a review on the request
for reasonable accommodation at which all reasonable evidence and
credible testimony shall be considered. The development plan review
board 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 development plan review board 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:
(Ord. 1146 § 1, 2005)
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:
(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)
