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Reasonable Accommodation

Santa Clara City Code ch. 18.118
in effect

Santa Clara City Code § 18.118.010 Purpose

A. Provides Procedures. 1. This Chapter provides a procedure to request Reasonable Accommodation for individuals with disabilities seeking equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide 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 under State and Federal law, in the application of zoning laws and other land use regulations, policies, and procedures. 2. It is a further purpose of this Chapter to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

Santa Clara City Code § 18.118.020 Applicability

A. Eligible Applicants. 1. A request for Reasonable Accommodation may be made by any individual with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. 2. An individual with a disability is an individual who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment; but not including an individual’s current, illegal use of a controlled substance, unless an individual has a separate disability. B. Eligible Request. 1. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of their choice. 2. A request for Reasonable Accommodation shall comply with Section 18.118.030 (Application Filing, Processing, and Review), below. 3. Reasonable Accommodation does not include an accommodation that would: (a) Impose an undue financial or administrative burden on the City; or (b) Require a fundamental alteration in the nature of the City’s land use policies or zoning regulations. C. Department Notice. 1. Notice of the availability of Reasonable Accommodation shall be prominently displayed at public information counters in the Department advising the public of the availability of the procedure for eligible individuals. 2. Forms for requesting Reasonable Accommodation shall be available to the public in the Department. D. Assistance with Request. If an individual with a disability or representative needs assistance in making a request for Reasonable Accommodation, or appealing a determination regarding Reasonable Accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by an individual designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities. E. Other Obligations Not Affected. A Reasonable Accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. F. Laws Remain in Effect During Processing. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

Santa Clara City Code § 18.118.030 Application Filing, Processing, and Review

A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section 18.112.060 (Initial Review of Application). The applicant shall sign the application under penalty of perjury, attesting to the accuracy of the application and all of the accompanying materials. B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Architectural Review, Conditional Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.

Santa Clara City Code § 18.118.040 Review Authority

A. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation. B. Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application. C. Available Actions. The applicable Review Authority shall take one of the following actions regarding a request for Reasonable Accommodation: 1. Grant the Reasonable Accommodation request, based upon the findings specified in Section 18.118.060 (Findings and Decision), below; 2. Grant the Reasonable Accommodation request, subject to specified conditions; 3. Deny the Reasonable Accommodation request; or 4. Refer the determination of the Reasonable Accommodation request to the Planning Commission who shall render a determination on the application.

Santa Clara City Code § 18.118.050 Review Procedures

A. Review Authority. 1. For applicationsonlyfor a request for Reasonable Accommodation, the Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 18.118.060 (Findings and Decision), below. 2. For applicationsfor other permits accompanyinga request for Reasonable Accommodation, the written decision on whether to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made by the Review Authority responsible for reviewing the other discretionary land use permit application(s) in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 18.118.060 (Findings and Decision), below. B. Notice of City’s Intent. Upon submittal of a completed application for Reasonable Accommodation and subsequent to an application being deemed complete, the Department shall prepare a notice of City’s intent to approve, deny, or refer the Reasonable Accommodation request in compliance with this Chapter. The notice of City’s intent shall be prepared and disseminated as follows: 1. Content of Notice. The notice of City’s intent shall provide a detailed description of the subject property, the Reasonable Accommodation request, and the findings in compliance with Section 18.118.060 (Findings and Decision), below. Additionally, the notice of City’s intent shall include information on the public comment period for the request. 2. Mailing of Notice. The notice of City’s intent shall be mailed to the applicant and the property owner of record of the property that is the subject of the Reasonable Accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for Reasonable Accommodation. C. Applicability. A Reasonable Accommodation request that is granted in compliance with this Chapter shall not, in and of itself, require the approval of a Variance. The Reasonable Accommodation shall be subject to the following provisions: 1. The Reasonable Accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability. 2. The Reasonable Accommodation shall only be applicable to the specific use for which an application is made. 3. The Reasonable Accommodation is subject to any and all Building Code permit and inspection requirements of the City and all other applicable zoning regulations and procedures. 4. The applicable Review Authority may impose additional conditions on the approval of a Reasonable Accommodation request that are consistent with the purposes of this Chapter.

Santa Clara City Code § 18.118.060 Findings and Decision

The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall be based on consideration of all of the following factors: A. Whether the housing, which is the subject of the request, will be used by an individual with disabilities protected under fair housing laws; B. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with disabilities protected under the fair housing laws; C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program, policy, procedure, or law, including but not limited to land use and zoning; and

Santa Clara City Code § 18.118.070 Rescission of Approval of Reasonable Accommodation

A. Rescission. An approval or conditional approval of an application made in compliance with this Chapter shall be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the disabled individual vacates the subject site), unless allowed to remain in compliance with Subsection B. (Discontinuance and Exceptions), below. B. Discontinuance and Exceptions. 1. Any change in use or circumstances that negate the basis for the approval of the Reasonable Accommodation shall require its termination and removal within 180 days. 2. Notwithstanding Subparagraph 1, the applicable Review Authority may allow a Reasonable Accommodation to apply to subsequent occupants, if the Review Authority makes all of the findings specified in Section 18.118.060 (Findings and Decision), above, in any of the following circumstances: a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or b. The accommodation is to be used by another qualifying individual with a disability, and the Review Authority makes the findings in Section 18.118.060 (Findings and Decision). 3. The Review Authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying individuals with disabilities. Failure to provide the documentation within 30 days of the date of a request by the Review Authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

Santa Clara City Code § 18.118.080 Information identified as confidential.

Any information identified by an applicant 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.

Santa Clara City Code § 18.118.090 Deemed Granted

If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted, the request shall be deemed granted.

Santa Clara City Code § 18.118.100 Post-Decision Procedures

The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Reasonable Accommodation application. -This page intentionally left blank-
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026

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