San Jose, CA Zoning Ordinance | Zoneomics
CHAPTER 20
10 - GENERAL PROVISIONS AND ZONING DISTRICTS
CHAPTER 20
20 - OPEN SPACE & AGRICULTURAL ZONING DISTRICTS
CHAPTER 20
30 - RESIDENTIAL ZONING DISTRICTS
CHAPTER 20
40 - COMMERCIAL ZONING DISTRICTS AND PUBLIC/QUASI-PUBLIC ZONING DISTRICT
CHAPTER 20
50 - INDUSTRIAL ZONING DISTRICTS
CHAPTER 20
55 - URBAN VILLAGE AND MIXED USE ZONING DISTRICTS
CHAPTER 20
60 - PD - PLANNED DEVELOPMENT DISTRICT
CHAPTER 20
65 - OVERLAY DISTRICTS
CHAPTER 20
70 - DOWNTOWN ZONING REGULATIONS
CHAPTER 20
75 - PEDESTRIAN ORIENTED ZONING DISTRICTS
CHAPTER 20
80 - SPECIFIC USE REGULATIONS7
CHAPTER 20
85 - SPECIFIC HEIGHT RESTRICTIONS
CHAPTER 20
90 - PARKING, LOADING, AND TRANSPORTATION DEMAND MANAGEMENT
CHAPTER 20
95 - STORM WATER MANAGEMENT
CHAPTER 20
100 - ADMINISTRATION AND PERMITS
CHAPTER 20
110 - OTHER PROCEDURES
CHAPTER 20
120 - ZONING CHANGES AND AMENDMENTS
CHAPTER 20
150 - NONCONFORMING USES
CHAPTER 20
160 - REQUESTS FOR REASONABLE ACCOMMODATION
20.160.010 - Purpose. 20.160.020 - Application. 20.160.030 - Required information. 20.160.040 - Notice of request for accommodation. 20.160.050 - Grounds for accommodation. 20.160.060 - Notice of proposed decision. 20.160.070 - Director's hearing. 20.160.080 - Notice of director's decision. 20.160.090 - Appeal to planning commission.
CHAPTER 20
170 - RESIDENTIAL CONDOMINIUM AND COMMUNITY APARTMENT PROJECT REGULATIONS
CHAPTER 20
175 - COMMERCIAL AND INDUSTRIAL COMMON INTEREST DEVELOPMENT REGULATIONS
CHAPTER 20
180 - MOBILEHOME PARK CONVERSIONS TO RESIDENT OWNERSHIP OR TO ANY OTHER USE
CHAPTER 20
190 - AFFORDABLE HOUSING DENSITY BONUSES AND INCENTIVES15
CHAPTER 20
195 - MINISTERIAL APPROVALS16
CHAPTER 20
197 - LOCAL IMPLEMENTATION OF STATE LAW
CHAPTER 20
200 - DEFINITIONS
San Jose City Zoning Code
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. The purpose of this chapter is to provide a process for making a request for reasonable accommodation.
(Ord. 26248.)
20.160.020 - Application.
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 director.
B.
If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval.
(Ord. 26248.)
20.160.030 - Required information.
The applicant shall provide the following information:
Applicant's name, address and telephone number;
Address of the property for which the request is being made;
The current actual use of the property;
The zoning code provision, regulation or policy from which accommodation is being requested;
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.
(Ord. 26248.)
20.160.040 - Notice of request for accommodation.
Written notice of a request for reasonable accommodation shall be given as follows:
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.
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.
(Ord. 26248.)
20.160.050 - Grounds for accommodation.
In making a determination regarding the reasonableness of a requested accommodation,
Section 20.160.060 - Notice of Proposed Decision#
A. Notice of the proposed decision shall be made in the same manner as provided above.
B. Within ten 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.
(Ord. 26248.)
Section 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.
(Ord. 26248.)
Section 20.160.080 - Notice of Director's Decision#
A. Within thirty 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.
(Ord. 26248.)
Section 20.160.090 - Appeal to Planning Commission#
A. Within thirty days after the notice of director's decision, any person may appeal in writing to the planning commission.
B. All appeals shall contain a statement of the grounds for the appeal.
(Ord. 26455.)
Note: The preceding factors listed at the beginning of the input (items 1–8) appear to be part of a prior section (likely 20.160.050) and are reproduced here for completeness:
The following factors shall be considered:
- Special need created by the disability;
- Potential benefit that can be accomplished by the requested modification;
- Potential impact on surrounding uses;
- Physical attributes of the property and structures;
- Alternative accommodations which may provide an equivalent level of benefit;
- 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;
- Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
- Whether the requested accommodation would require a fundamental alteration in the nature of a program.
(Ord. 26248.)