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09/03/2026
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
CHAPTER 20.160 OF TITLE 20 OF THE SAN JOSE
MUNICIPAL CODE RELATED TO REQUESTS FOR
REASONABLE ACCOMMODATION
WHEREAS, the City of San José committed to streamline the review process for Reasonable Accommodation Requests, provide clarity to applicants, and ensure consistency with state and federal laws through Strategy I-19 of the 2023-2031 Housing Element; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure & Policy Making resulting in no changes to the physical environment); and
WHEREAS, on August 12, 2026, the Planning Commission of the City of San José conducted a public hearing, under File No. PP25-008, to amend various sections of Chapter 20.160 of Title 20 of the San José Municipal Code to implement state law and implement the City of San José’s Housing Element Action Item I-19, Reasonable Accommodation; and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. The foregoing recitals are incorporated herein by reference.
SECTION 2. Chapter 20.160 of Title 20 of the San José Municipal Code is amended to read as follows:
CHAPTER 20.160
REQUESTS FOR REASONABLE ACCOMMODATION
20.160.010 Purpose
It is the policy of the City of San José to provide reasonable accommodation for persons with disabilities seeking fair access to housing in the application of its zoning laws individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. The purpose of this Chapter is to provide a process for making a request for reasonable accommodation in land use, zoning, policies, practices, and procedures.
20.160.015 Applicability
A. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use, zoning, policies, practices, and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
B. An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
C. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing, when the application of a land use, zoning, or building regulation, policy, practice, or procedure acts as a barrier to fair housing opportunities.
20.160.020 Public Notice of Process Availability
Notice of the availability of the reasonable accommodation process shall be publicly displayed at City Hall and on the City’s website. Forms for requesting reasonable accommodation shall be available to the public at the Permit Center at City Hall.
20.160.0320 ApplicationRequesting Reasonable Accommodation
A. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law which may be acting as a barrier to fair housing opportunities may do so on a form to be provided by the DirectorAny eligible person pursuant to this Chapter who requests a reasonable accommodation in the application of a zoning regulation, policy, or procedure that constitutes a barrier to fair housing opportunities shall do so by submitting a reasonable accommodation request application form. The form shall be submitted together with applicable fees for a reasonable accommodation request as established in the current Planning Fee Schedule.
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09/03/2026
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
B. If the project for which the request is being made also requires a concurrent some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.
C. Any request approved shall be granted to an individual and shall not run with the land unless the Director of Planning, Building and Code Enforcement determines that the modification cannot be removed or altered to comply with all laws and regulations otherwise applicable to the property, or that the accommodation is to be used by another individual with a disability who is residing on the premises.
D. Applications for reasonable accommodation shall include the following information:
1. Name and address of the individual(s) requesting reasonable accommodation;
2. Name and address of the property owner(s);
3. Address of the property for which the request is being made;
4. The current use of the property;
5. Description of the regulation, policy, or procedure for which accommodation is being requested;
6. A statement of the reason why the requested accommodation is necessary for the individual(s) with the disability to use and enjoy the dwelling.
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
7. A site plan and/or floor plan, drawn to scale, that illustrates the physical dimensions of the accommodation, if applicable.
E. Personal information provided by an applicant such as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
F. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable laws and regulations not at issue in the requested accommodation.
G. If an individual requires assistance in requesting an accommodation, the City of San José will provide assistance to ensure that the process is accessible.
20.160.030 Required Information
The applicant shall provide the following information:
1. Applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current actual use of the property;
4. The zoning code provision, regulation or policy from which accommodation is being requested;
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
5. The bases for the claim that the individual is considered disabled under the Fair Housing Act and why the accommodation is necessary to make the specific housing available to the individual.
20.160.040 Notice of Request for Accommodation
Written Notice of a Request for Reasonable Accommodation shall be given as follows:
1. In the event that there is no approval sought other than the request for reasonable accommodation, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to the property which is the subject of the Request.
2. In the event that the Request is being made in conjunction with some other process, the Notice shall be transmitted along with the notice of the other proceeding.
20.160.050 Grounds for Accommodation Findings
In making a determination regarding the reasonableness of a requested accommodation, the following factors shall be considered:
1. Special need created by the disability;
2. Potential benefit that can be accomplished by the requested modification;
3. Potential impact on surrounding uses;
4. Physical attributes of the property and structures; SAW:AXY:KMF
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
5. Alternative accommodations which may provide an equivalent level of benefit;
6. In the case of a determination involving a one-family dwelling, whether the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents;
7. Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
8. Whether the requested accommodation would require a fundamental alteration in the nature of a program.
The Director of Planning, Building and Code Enforcement shall grant, or grant with modifications, the permit after review of the project only if all the following findings are made:
1. That the housing that is the subject of the request for accommodation will be used by an individual or individuals with disabilities protected under fair housing laws.
2. That the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws.
3. That the requested accommodation would not impose an “undue financial or administrative burden” on the City as such terms are defined in federal and state fair housing laws.
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
4. That the reasonable accommodation, as described and at the location requested, will not create adverse impacts on the health, safety, or welfare of persons residing or working in the surrounding area.
5. That the requested accommodation would not require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.
20.160.060 Notice of Proposed Decision Review Procedure
A. Notice of the proposed decision shall be made in the same manner as provided above.
B. Within ten (10) days of the date the Notice is mailed, any person may make a request for a Director's Hearing upon a proposed decision.
C. If no request for hearing is received the proposed decision shall become a final Director's Decision.
A. The request shall be processed independently of any other required development permits. However, approval of a reasonable accommodation request may be conditioned upon approval of other related permits.
B. Not later than thirty (30) calendar days after an application has been determined complete, the Director of Planning, Building and Code Enforcement shall issue a written decision on the request and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 21.160.050.
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
20.160.070 Director's Hearing
The Director shall conduct a hearing on the Request for Reasonable Accommodation at which all reasonable evidence and credible testimony shall be considered.
20.160.080 Notice of Director's Decision
A. Within thirty (30) days after the Hearing, the Director shall issue a decision granting the request, including any reasonable conditions, or denying the request.
B. The Notice of Decision shall contain the Director's factual findings, conclusions and reasons for the decision.
C. The Notice of Decision shall be made in the same manner as set forth in the previous section.
20.160.090 Appeal to Planning Commission
A. Within thirty (30) days after the Notice of Director's Decision, any person may appeal in writing to the Planning Commission.
B. If an individual requires assistance in filing an appeal, assistance will be provided to ensure that the process is accessible.
CB. All appeals shall contain a statement of the grounds for the appeal. Personal information provided by the applicant such as confidential shall be retained in a manner so as to respect the privacy rights of the applicant.
SAW:AXY:KMF
09/03/2026
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Council Agenda: 09-15-2026
Item Number: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk