Chapter 17.17 — ACCESSIBILITY

Sections:

• 17.17.010 Purpose and Intent.

• 17.17.020 Requesting Reasonable Accommodations.

• 17.17.030 Required Information.

• 17.17.040 Approval Authority and Approval Process.

• 17.17.050 Group Homes.

• 17.17.060 Required Findings for Reasonable Accommodations. 17.17.070 Appeals.

This chapter provides a process for individuals with disabilities to make requests for reasonable accommodation for relief from the various land use, zoning, or rules, policies, practices, and/or procedures of the town. It is the policy of the town, pursuant to the Federal Fair Housing Act (as amended), to provide people with disabilities reasonable accommodation in rules, policies, and procedures that may be necessary to ensure equal access to housing. (Ord. 582 § 1 (Exh. A), 2009)

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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A. In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or rules, policies, practices, and/or procedures of the town.

B. If an individual needs assistance in making the request for reasonable accommodation or appealing a determination regarding reasonable accommodation, the town planner will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative.

C. A request for reasonable accommodation with regard to town regulations, rules, policies, practices, and/or procedures may be filed on an application form provided by the town planner at the time that the accommodation may be necessary to ensure equal access to housing. (Ord. 582 § 1 (Exh. A), 2009)

The applicant shall provide the following information when requesting reasonable accommodation:

A. A completed town application indicating, among other things, the applicant’s name, address, and telephone number;

• B. The address of the property for which the request is being made;

• C. The current actual use of the property;

• D. The zoning code provision, regulation, or policy from which reasonable accommodation is being requested;

E. The basis for the claim that the person(s) for whom the reasonable accommodation is sought is/are considered disabled under the Fair Housing Act and why the accommodation is reasonably necessary to make specific housing available to the person(s); and

• F. Such other relevant information as may be requested by the town planner or his or her designee. (Ord. 582 § 1 (Exh. A), 2009)

A. Notwithstanding any other provision of this zoning code, the town planner shall have the authority to consider and take action on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the planning department, it will be referred to the town planner for review and consideration as staff-level action unless determined otherwise by the town planner. A request for reasonable accommodation shall be considered staff-level in nature when it is related to a physical improvement that cannot be constructed to conform to the town’s setbacks or design standards. Typical improvements considered to be

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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“staff-level” in nature include ramps, walls, handrails, or other physical improvements necessary to accommodate a person’s disability. The town planner shall issue a written determination of his or her action within thirty days of the date of receipt of a completed application and may:

1. Grant or deny the accommodation request; or

2. Grant the accommodation request subject to specified nondiscriminatory condition(s); or

3. Forward the request to the planning commission for consideration as a conditional use permit and subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations).

B. In the event the town planner determines that the request for reasonable accommodation(s) is not staff-level in nature, such request shall be forwarded to the planning commission in accordance with chapter 17.12 (Conditional Use Permit) and shall be subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations).

C. All written determinations of action of the town planner shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process (e.g., requesting that town staff attempt to schedule an appeal hearing as soon as legally and practically possible), if necessary. The notice of action shall be sent to the applicant by mail.

D. If necessary to reach a determination or action on the request for reasonable accommodation, the town planner may request further information from the applicant consistent with the planning department specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant fully and sufficiently responds to the request. (Ord. 582 § 1 (Exh. A), 2009)

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the town planner. At his/her discretion, the town planner may either act upon the request as described in section 17.17.040 (Approval Authority and Approval Process) or forward the request to the planning commission as described in section 17.17.040 (Approval Authority and Approval Process). If a request is forwarded to the planning commission, it shall be processed as a conditional use permit and shall be subject to the findings stated in section 17.17.060 (Required Findings for Reasonable Accommodations). (Ord. 582 § 1 (Exh. A), 2009)

In making a determination regarding the reasonableness of a requested accommodation, the approval authority shall make the following findings:

The Atherton Municipal Code is current through Ordinance 677, passed February 18, 2026.

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A. The housing that is the subject of the request for reasonable accommodation will be used for an individual protected under the Fair Housing Act.

B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Fair Housing Act.

C. The requested reasonable accommodation does not impose an undue financial or administrative burden on the town and does not fundamentally alter town zoning, development standards, policies, or procedures. (Ord. 582 § 1 (Exh. A), 2009)

Appeal of the town planner or planning commission action on the request for reasonable accommodation shall be made in accordance with the procedures specified in section 17.06.100 (Appeals). (Ord. 582 § 1 (Exh. A), 2009)