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.)

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.)

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;

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.

(Ord. 26248.)

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.

(Ord. 26248.)

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;

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.

(Ord. 26248.)

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.)

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.)

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.)

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.)