TO: HONORABLE MAYOR
AND CITY COUNCIL
FROM: Christopher Burton
SUBJECT: See Below DATE: August 31, 2026
COUNCIL DISTRICT: Citywide
SUBJECT: PP25-008 – Amendment to Title 20 (Zoning Code) for Requests for Reasonable Accommodation
RECOMMENDATION
The Planning Commission voted 8-0-3 to recommend the City Council take the following action:
(a) Approve an ordinance amending various sections of Title 20 of the San José Municipal Code (Zoning Code or Zoning Ordinance) to amend Chapter 20.160, ‘Requests for Reasonable Accommodation,’ to clarify and simplify the application requirements, application processing procedures, and required findings for approval; and to make other technical, non-substantive, or formatting changes within those sections of Title 20 of the San José Municipal Code. (b) Adopt a resolution amending the 2026-2027 Schedule of Fees and Charges (Resolution No. 72737, as amended) to reduce the Reasonable Accommodation Request Fee from $10,439 to a base fee of $796.
SUMMARY AND OUTCOME
Approval of the proposed Zoning Code amendments will amend Chapter 20.160 within Title 20, Zoning Code, as described in the Analysis section below. Chapter 20.160, “Requests for Reasonable Accommodation,” provides a process through which an individual with a disability may request a waiver of a land use or zoning regulation, policy, practice, or procedure that would otherwise impede their access to a housing unit. The proposed revisions to Chapter 20.160 fulfill Strategy I-19 of San José’s 2023- 2031 Housing Element, required to maintain compliance with state Housing Element law.
COUNCIL AGENDA: 9/15/26
FILE: 26-951
ITEM: 10.1(a)
HONORABLE MAYOR AND CITY COUNCIL
August 31, 2026
Subject: PP25-008 – Amendment to Title 20 (Zoning Code) for Requests for Reasonable Accommodation
If the City Council approves the actions listed above as recommended by the Planning Commission, Requests for Reasonable Accommodation will utilize a new ministerial approval process that do not include the option of requesting a public hearing and will utilize the ministerial exemption of the California Environmental Quality Act (CEQA).
The findings for a reasonable accommodation request will no longer require analysis of alternative accommodations and the decision to approve, approve with conditions, or deny the application shall be issued within 30 days of the date on which the application is deemed complete.
BACKGROUND
On August 12, 2026, the Planning Commission held a Public Hearing to consider the proposed Zoning Code update. The item was heard on the consent portion of the agenda. Commissioner Oliverio made a motion to approve the consent calendar, including the recommendation. Commissioner Rosario seconded the motion. The motion passed 8-0-3 (Bickford, Cao, and Nguyen absent). The Planning Commission recommended that the City Council adopt the ordinance changes and adopt a resolution reducing the application fee for Requests for Reasonable Accommodation.
ANALYSIS
A complete analysis of the Zoning Ordinance amendments is contained in the Planning Commission staff report dated August 4, 2026 (Attachment).
EVALUATION AND FOLLOW-UP
If the proposed Zoning Ordinance amendments are approved by City Council, the new ordinance will be effective 30 days after the second reading.
COORDINATION
The preparation of the proposed ordinance, fee resolution, and this memorandum were coordinated with the City Attorney’s Office.
PUBLIC OUTREACH
This memorandum will be posted on the City Council Agenda website for the September 15, 2026 City Council meeting. Staff followed City Council Policy 6-30:
HONORABLE MAYOR AND CITY COUNCIL
August 31, 2026
Subject: PP25-008 – Amendment to Title 20 (Zoning Code) for Requests for Reasonable Accommodation
Public Outreach Policy1 regarding noticing for the public hearings. In addition, staff conducted three community focus groups (one more than was required by the Housing Element): one comprised of members of San José For All, an advisory group to the City Manager’s Office of Racial and Social Equity, and two with individuals with disabilities and disability advocates. The focus groups were held on May 14, May 21, and May 28, 2026. The attached Planning Commission staff report contains a detailed description of the community outreach related to this ordinance.
A public hearing notice with the Planning Commission and City Council hearing dates was published in the newspaper of record (San José Post Record) on July 22, 2026.
Staff posted the hearing notice, staff report, draft ordinance, and draft fee resolution on the Planning, Building, and Code Enforcement Department website. Staff has been available to respond to questions from the public.
BOARD, COMMISSION, COMMITTEE RECOMMENDATION AND INPUT
The project was on the consent calendar of the Planning Commission meeting on August 12, 2026. The consent calendar was approved without discussion.
CEQA
The City of San José, as the lead agency, prepared an Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), Supplemental Program Environmental Impact Report – Greenhouse Gas Emission Analysis (Resolution No. 77617), Supplemental Environmental Impact Report – 2023-2031 Housing Element Update (Resolution No. 2023-262) and Addenda thereto, for this Ministerial Ordinance.
The Addendum analyzed the proposed Zoning Code changes and found that the project would not result in new or substantial significant impacts not already addressed in the previous documents. Therefore, no subsequent EIR or Negative Declaration is required pursuant to CEQA Guidelines Section 15164(c).
1 https://www.sanjoseca.gov/home/showpublisheddocument/12813/636669915135130000
HONORABLE MAYOR AND CITY COUNCIL
August 31, 2026
Subject: PP25-008 – Amendment to Title 20 (Zoning Code) for Requests for Reasonable Accommodation
PUBLIC SUBSIDY REPORTING
This item does not include a public subsidy as defined in Section 53083 or Section 53083.1 of the California Government Code or the City’s Open Government Resolution.
/s/
CHRISTOPHER BURTON
Secretary, Planning Commission
For questions, please contact Kora McNaughton, Planner III, Planning, Building and Code Enforcement Department at [email protected] or (408) 535-7804.
ATTACHMENT:
Planning Commission Staff Report August 4, 2026
PLANNING COMMISSION AGENDA: 8-12-26
ITEM: 4.c.
TO: PLANNING COMMISSION FROM: Christopher Burton
SUBJECT: PP25-008 DATE: August 4, 2026
______________
COUNCIL DISTRICT: Citywide
Project Amendments to Chapter 20.160 of the Zoning Ordinance, ‘Requests for Reasonable Accommodation,’ to reduce barriers to filing reasonable accommodation requests. The amendments clarify the application and procedural requirements, eliminate the public hearing option, and reduce the required application fee.
Project Description An ordinance of the City of San José amending Title 20 (Zoning Ordinance or Zoning Code) of the San José Municipal Code to amend Chapter 20.160, ‘Requests for Reasonable Accommodation,’ including amendments to Sections 20.160.010, ‘Purpose,’ 20.160.020, ‘Application,’ 20.160.030, ‘Required Information,’ 20.160.050, ‘Grounds for Accommodation,’
20.160.060, ‘Notice of Proposed Decision,’ and 20.160.090, ‘Appeal to Planning Commission;’ the elimination of Sections 20.160.040, ‘Notice of Request for Accommodation,’ 20.160.070, ‘Director’s Hearing,’ and
20.160.080, ‘Notice of Director’s Decision;’ and the introduction of Section
20.160.015, ‘Applicability.’
CEQA Clearance Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment.
Project Planner Kora McNaughton
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council take all of the following actions:
1. Adopt an ordinance amending various sections of Title 20 (Zoning Ordinance or Zoning Code) of the San José Municipal Code, Chapter 20.160, ‘Requests for Reasonable Accommodation,’ to clarify and simplify the application requirements, application processing procedures, and required findings for approval; and to make other technical, non-substantive, or formatting changes within those sections of Title 20 of the San José Municipal Code.
2. Adopt a resolution amending the 2026-2027 Planning Schedule of Fees and Charges (Resolution 72737, as amended) to reduce the Reasonable Accommodation Request Fee from $10,439 to a base fee of $796.
ATTACHMENT: Planning Commission Staff Report August 4, 2026
File No. PP25-008
PROJECT BACKGROUND
Pursuant to federal, state, and local laws, individuals with disabilities are entitled to full and equal access to all housing accommodations offered for rent, lease, or compensation, which may require modifications to the physical space in which housing is provided. However, certain modifications may be inconsistent with a jurisdiction’s regulations. The federal Americans with Disabilities Act (ADA) requires that state and local government entities make reasonable modifications to policies, practices, and procedures where needed to ensure that persons with disabilities have access to government programs, services, or activities. Accordingly, Chapter 20.160 of San José’s Zoning Code provides a process for persons with disabilities who require modifications to housing to file a “Request for Reasonable Accommodation.” This process enables a person with a disability to request a waiver of a land use or zoning regulation, policy, practice, or procedure that would otherwise impede their access to a housing unit.
Under state Housing Element law, local governments are required to identify constraints to providing housing for individuals with disabilities and to develop strategies for removing those constraints. San José’s 2023-2031 Housing Element, which details the City’s housing strategies for meeting the housing needs of everyone in the community, was approved in 2024. As analyzed in Housing Element Chapter 4:
Constraints on Housing, although the City has approved more reasonable accommodation request applications than it has denied, many applicants have withdrawn such requests. The reasons are not always clear, but common barriers may include limited understanding of the reasonable accommodation request process, concerns about negative potential consequences, or the cost of applying.
Strategy I-19 of the Housing Element requires revisions to the City’s Reasonable Accommodation ordinance, which was adopted in 2001, to reduce barriers for applicants to request a reasonable accommodation. Specifically, the strategy states that the revisions should “streamline the review process, provide additional clarity, and ensure consistency with state and federal laws and Affirmatively Furthering Fair Housing.” The strategy also requires that the City conduct community outreach during the ordinance update process and ensure that information about the request process is made widely available through various channels and in multiple languages once the changes are implemented.
ANALYSIS
The proposed amendments to Chapter 20.160 of the Zoning Code bring it into alignment with a model ordinance published by the state Housing and Community Development Department (HCD) that is aimed at eliminating barriers to individuals’ ability to file reasonable accommodation requests. The proposed amendments to Chapter 20.160 include:
• Section 20.160.010, ‘Purpose’: This section has been amended to expressly state the City’s commitment to providing equal access to housing and to expand the universe of regulations subject to reasonable accommodation requests to include land use and zoning regulations, as well as policies, practices, and procedures.
• Section 20.160.015, ‘Applicability’: This new section contains a definition of “reasonable accommodation” and clarifies the meaning of “individual with a disability,” as well as who is eligible to file a request for reasonable accommodation.
• Section 20.160.020, ‘Public Notice of Process Availability’: This section, previously titled “Application,” has been amended to state that the availability of the reasonable accommodation request process and the respective application shall be publicly posted at City Hall and on the City’s website.
ATTACHMENT: Planning Commission Staff Report August 4, 2026
File No. PP25-008
• Section 20.160.030, ‘Requesting reasonable accommodation’: This section, previously titled ‘Required information,’ has been amended to include a description of the application process and a statement regarding treatment of confidential information.
• Section 20.160.040, ‘Notice of request for accommodation,’ has been removed. • Section 20.160.050, ‘Findings.’ This section, previously titled ‘Grounds for accommodation,’ has been amended to remove the requirement for an alternatives analysis and to specify that the “impacts” of an accommodation considered by the Planning Division shall only be those that adversely affect the health, safety, or welfare of persons residing in or working in the immediate area. • Section 20.160.060, ‘Review procedure.’ This section, previously titled ‘Notice of proposed decision,’ has been amended to modify the decision-making procedure for reasonable accommodation requests. The amendments include removing the ability of any person to request a Director’s Hearing on the matter and requiring that the Director issue a decision on the matter with 30 days of the application being deemed complete.
• Section 20.160.070, ‘Director’s hearing,’ has been removed. • Section 20.160.080, ‘Notice of director’s decision,’ has been removed. • Section 20.160.090, ‘Appeal to Planning Commission.’ This section has been amended to state that the City will provide assistance to applicants to ensure that the reasonable accommodation request process is accessible, and to restate that the confidentiality of the applicant’s personal information will be maintained throughout the appeal process.
In addition to the amendments to Chapter 20.160, staff recommends a reduction in the Reasonable Accommodation Request application fee, which may represent a significant barrier to an individual seeking relief from a zoning regulation. The Reasonable Accommodation Request fee is $10,439 per the 2026-2027 Planning Application Filing Fee Schedule. Additional surcharges are also applicable, which can bring the total fee amount to approximately $14,000. San Jose’s $10,439 base fee for these requests is significantly higher than similar jurisdictions in California, including San Francisco ($888), Los Angeles (no fee), Oakland (no fee), Sacramento (fee is determined on a case-by-case basis, but no fee is required in some cases), and Berkeley (no fee).
As discussed above, the recommended Zoning Code amendments would remove the public hearing option from the Reasonable Accommodation Request review process and eliminate the alternatives analysis from the required permit findings. Without those two components, staff’s review of Reasonable Accommodation Requests would be similar to the review of an administrative permit. Staff analyzed records for other administrative permits, including permits for outdoor vending, conversion of outdoor space to dining, and taproom/tasting room applications, and found that the average time spent on staff review was approximately 2.25 hours. Staff expects the review times for Reasonable Accommodation Requests to be similar to those permits and recommends replacing the current fee with a base fee of $796 for two hours of review time per request (additional time will be billed at $398 per hour if the base hours are exceeded).
Implementation of the ordinance amendments will include revisions to the Reasonable Accommodation Request application and a review of information provided on the City website, at the Development Service Center, and by planners directly to the public to ensure that it is accessible to community members with disabilities and in multiple languages. As part of that process, Planning staff will work with the Office of Racial and Social Equity to coordinate outreach about the changes.
ATTACHMENT: Planning Commission Staff Report August 4, 2026
File No. PP25-008
General Plan Conformance
The proposed amendments to clarify and simplify the Reasonable Accommodation Request process and reduce the application fee are consistent with Envision San José 2040 General Plan Goal H-1, Housing – Social Equity and Diversity, which promotes the provision of housing throughout the city to address the needs of an economically, demographically, and culturally diverse population. As discussed in the Project Background section above, the purpose of the amendments is to facilitate the process of requesting a reasonable accommodation, which is consistent with General Plan Policy H-1.7: “Comply with State and Federal laws prohibiting discrimination in housing and that support fair and equal access to housing.”
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment.
PUBLIC OUTREACH
In addition to following the requirements of City Council Policy 6-30 on public outreach, staff facilitated three focus groups with participants who have lived experience with disabilities to better understand the barriers and opportunities related to the proposed changes. The focus groups were held on April 13, May 21, and May 28, 2026. The first two sessions were conducted virtually via Zoom and the third was held in the City Hall Wing Rooms. The feedback provided through these discussions informed the proposed amendments and plans for the implementation phase.
In the focus groups, participants expressed general concern about how the City addresses the needs of the disabled community. They commented that City departments aren’t well-coordinated with regard to access and information for people with disabilities and accessibility training for City staff members is inadequate. As a result, community members sometimes receive conflicting information about resources and procedures. They expressed concern that the City views federal and state regulations on housing access as maximum standards rather than as starting points, that accessibility is not encouraged by the City, and that individuals with disabilities and their accessibility needs are not sufficiently prioritized. In addition, disabled community members and organizations are often reluctant to seek assistance from the City regarding ADA compliance for fear that it will trigger a code enforcement action that could threaten their access to housing.
Participants also discussed the City’s outreach to the community on the reasonable accommodation request process and recommended changes. They noted that there is currently no information about the reasonable accommodation request process on the Planning Division website, aside from a link to the application on the Applications and Appointments page. They encouraged City staff to audit the website to ensure that it is accessible to individuals with diverse disabilities and to use plain language with visual supports in all communications. Regarding the outreach process, they recommended that the City coordinate with members of the disability community to test communication and procedures related to reasonable accommodation requests. Finally, the participants recommended that the City use a variety of outreach methods to ensure that information about the process reaches people in the disability community, including posting on multiple social media platforms, using AI to alert staff about information requests or issues, and partnering with faith-based groups, social services offices, and the San Andreas Regional Center.
ATTACHMENT: Planning Commission Staff Report August 4, 2026
File No. PP25-008
Project Manager: Kora McNaughton
Approved by: /s/ Jerad Ferguson, Principal Planner for Christopher Burton, Director of Planning, Building, and Code Enforcement
Attachments
Exhibit A: Draft Ordinance
Exhibit B: Draft Fee Resolution
Public Comments received after August 5, 2026
ATTACHMENT: Planning Commission Staff Report August 4, 2026