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Ord 2222 - Implement State Certified Housing ElementORDINANCE 2222 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE TO INCORPORATE THE FOLLOWING REVISIONS REQUIRED TO IMPLEMENT THE STATE CERTIFIED HOUSING ELEMENT: • ADOPTION OF AN EMERGENCY SHELTER DEFINITION AND ALLOWING THE USE AS A PERMITTED USE IN THE CONTROLLED MANUFACTURING ZONE • ADOPTION OF A UNIVERSAL DESIGN /REASONABLE ACCOMMODATION ORDINANCE FOR DISABLED PERSONS • AMENDING THE "FAMILY" DEFINITION TO CONFORM WITH STATE LAW • ADOPTION OF A TRANSITIONAL HOUSING DEFINITION AND ALLOWING THE USE AS A PERMITTED USE IN THE RESIDENTIAL MULTI - FAMILY ZONE • REMOVAL OF THE MULTI - FAMILY CONDITIONAL USE PERMIT REQUIREMENT AND ALLOWING MULTI - FAMILY USES AS A PERMITTED USE IN THE RESIDENTIAL MULTI - FAMILY ZONE • AMENDING THE GROUP HOME AND SMALL FAMILY RESIDENTIAL CARE FACILITY DEFINITIONS TO CONFORM TO THE COMMUNITY CARE FACILITIES ACT • OTHER MINOR AMENDMENTS NECESSARY TO IMPLEMENT THE REVISIONS SECTION I WHEREAS, on March 5, 2012, the Town of Los Gatos adopted the 2007 -2014 Housing Element of the 2020 General Plan; and WHEREAS, on September 20, 2012, the State Housing and Community Development certified the Town's Housing Element after confirming that the adopted document contained specific policies and implementation action commitments by the Town during the housing element period which would result in the Zoning Ordinance being updated to conform with applicable Federal and State housing laws; and 1 WHEREAS, Housing Action Item 4.3 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to define emergency shelters as housing with minimal support services for homeless persons that is limited to occupancy of six months or less by homeless persons and to allow for an emergency shelter as a by -right permitted us in the Controlled Manufacturing (CM) zoning district, subject to appropriate development standards; and WHEREAS, housing that is accessible to people with disabilities has been identified as a special housing need in the Housing Element of the Town's current General Plan; and WHEREAS, Housing Action Item 6.2 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to provide a procedure for persons with disabilities seeking equal access to housing to be able to request reasonable accommodation under the Fair Housing Act; and WHEREAS, both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their land use regulations and practices when such accommodation may be necessary to afford disabled persons an equal opportunity to housing; and WHEREAS, the Town of Los Gatos has historically provided for reasonable accommodation through the use of existing regulatory procedures not specifically designed for people with disabilities; and 2 WHEREAS, codification of a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of the Town's land use regulations and establishment of relevant criteria to be used when considering such requests will ensure prompt, fair and efficient handling of such requests in accordance with the fair housing laws' reasonable accommodation mandate; and WHEREAS, Housing Action Item 6.6 of the General Plan Housing Element calls for amendment of the Zoning Code to remove the Conditional Use Permit requirement for multi- family uses in the Multi - Family Residential ( R -M Zone) as a potential constraint to housing development; and WHEREAS, Housing Action Item 6.8 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to amend the definition of "family" to ensure compliance with Fair Housing Law; and WHEREAS, Housing Action Item 6.9 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to include a definition of "supportive and transitional housing" consistent with State Law and to permit the uses as a residential use subject to the same development standards that apply to other residential uses of the same type in the same zone; and WHEREAS, Housing Action Item 6.10 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to include a definition of "group home" to be consistent with State Law; and 3 WHEREAS, Housing Action Item 6.11 of the General Plan Housing Element calls for amendment of the Zoning Regulations of the Town Code to define small family home residential care facilities of six or fewer persons to be consistent with State Law and to allow them by right in residential zones; and WHEREAS, on June 26, 2012, the General Plan Committee reviewed the proposed amendments to the Zoning Regulations of the Town Code to implement the Housing Element and recommended approval to the Planning Commission and Town Council. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION II Town Code Chapter 29 is amended to read as set forth in Exhibit A attached hereto and made a part thereof. SECTION III If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases be declared unconstitutional. SECTION IV Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a responsible agency for adoption of this ordinance within the Town of Los Gatos. The Town Council makes the following findings: F1 u That there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 7, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on October 21, 2013. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN 5 M Section 29.10.020 DEFINITIONS Emereencv Shelter means a housing facility as defined by Health and Safety Code Section 50801 with minimal support services for homeless persons that is limited to temporary occupancy of six months or less by a homeless person. Family means one (1) or more persons _„....,.,a by blood e ° . — , - OUP of "Ot ...vFv than v (✓) persons, not I]IGIRRSI]'g 'OGSTiSSIC•Tj 1TR0- need Tnot - iO Ori' related �'Tp'RJOQ -VC ...•.r age, living as a single housekeeping • nit who comprise a single household and who live together as a single housekeeping unit. This definition also includes households of six or fewer persons living in a Residential Care Facilities Small Family Home as defined by the California Community Care Facilities Act. Group Home shall have the same meaning as a Residential Care Facility Small Family Home. Residential care facility is means an establishment where authorized, certified, or licensed for care, pursuant to the provisions of the California Community Care Facilities Act where twenty -four- hour -day nonmedical care is provided to persons, unrelated to the licensee and residing there, who need personal services, protection, supervision, assistance, guidance, and training essential for sustaining their activities of life or for their protection, when the establishment is a facility authorized, certified or licensed for such care pursuant to the provisions of the California Community Care Facilities Act or other applicable State law and EXHIBIT A when no medical care is provided other than such incidental care that is permitted without additional authorization, certification or licensing pursuant to State law. (1) A small family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for six (6) or fewer persons. Whether or not unrelated persons are living together, a residential facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property. (2) A large family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for seven (7) to twelve (12) children or seven (7) to fifteen (15) adults. 1. 'd tial f '1't., of any 't h E i��fBLi ^p xxoaTxciS a r °c8ia °cix�xa.� va.rv° raven r��x- as�Tc$puen."T�w�'-rxc=rc scrviwo afo pr-- ..idea to „ gretip of ehildren or adult.... who need or- ,,,t eare o Transitional Housing means a housing facility acility as defined by Health and Safety Code Section Health and Safety Code 50675.2(h)) with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Section 29.20.185. Table of conditional uses. (8) Residential C. Multiple - family dwelling Remove the X under the R -M in the Conditional Use Permit Table for item (8)c listed above. Sec. 29.40.610. - Permitted uses. The following uses are permitted in a R -M or multiple - family residential zone: (1) Single - family dwelling. (2) Two - family dwelling. (3) Small family day care home. (4) Residential care facility, small family home. (5) Multi- family dwelling (6) Transitional Housing facility as defined by Health and Safety Code Section Health and Safety Code 50675.2 Sec. 29.70.220. - Permitted uses. (a) Activities allowed in the CM or controlled- manufacturing zone must be those which would not unreasonably interfere with residential uses in the vicinity or other activities within the CM zone and which are in the following categories: 3 (1) Activities involving controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses. (2) Sales to the ultimate consumer of articles manufactured on the premises to the customer's order. (3) Professional and administrative offices. (4) Emergency Shelters as defined by Health and Safety Code Section 50801 and consistent with the following defined operational standards: a. Twenty (20) or fewer beds; b. Six or fewer administrative staff members or employees; c. Operating hours limited from 5:00 p.m. to 9:00 a.m. daily: d. Conforming to all applicable Building and Housing Codes, as determined by the Building Official. DIVISION 9. REASONABLE ACCOMMODATION Section 29.10.505. Intent. The intent of this division is to establish a formal procedure for persons with disabilities seeking equal access to housing to o request reasonable accommodation in the application of the Town's land use regulations and to establish relevant criteria to be used when considering such requests. Section 29.10.510. Purpose. This division provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the 11 California Fair Em llooyment and Housing Act in the application of zoning laws and other land use regulations, policies and procedures. Section 29.10.515. ADnticability. A request for reasonable accommodation may be made by any person with a disability, 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. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more maior life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This division is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act. A request for reasonable accommodation may include a modification or exception to the rules standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Section 29.10.520. Application Requirements. (a) The applicant shall file an application to request a reasonable accommodation which shall include the following: (4) Information noting the he applicant's eligibility under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (5) The zoning g ode provision, regulation or policy from which reasonable accommodation is being requested. (6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual. (b) If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to; architecture and site, conditional use permit, zone change, minor residential development), then the applicant shall file the information required by subsection a together for concurrent review with the application for discretionary approval. Section 29.10.525. Determination. a Requests for reasonable accommodation shall be reviewed by the Planning Director if no approval is sought other than the request for reasonable accommodation. The Planning Director shall make a written determination within 45 days of the date of the request. (b) Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authorities reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the deciding body responsible for determining the discretionary land use application in compliance with the applicable review procedure for the discretionary review. 0 Section 29.10.530. Review of a request for reasonable accommodation. (a) Findings. The deciding body, on the basis of the evidence submitted, may approve a request for reasonable accommodation if it finds all of the following: (1) The housing will be used by an individual disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (2) The request is necessary to make specific housing available to an individual with a disability under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (3) The request would not impose an undue financial or administrative burden on the Town. (4) The request would not require a fundamental alteration in the nature of a Town program or law, including but not limited to land use and zoning. (5) There would be no impact on surrounding uses. (6) Due to physical attributes of the property or structures the request is necessary. MThere is no alternative reasonable accommodation which may provide an equivalent level of benefit. (b) Conditions of Approval. In granting a request for reasonable accommodation, the deciding body may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection a above Sec. 29.20.700. Planning Director. The Planning Director: (33) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Development Review Committee. Sec. 29.20.745. Development Review Committee. The Development Review Committee shall: (19) Determines requests for reasonable accommodation when action is not required of the Council, Planning Commission or the Planning Director. Section 29.20.750. Planning Commission The Planning Commission: (24) Determines requests for reasonable accommodation when action is not required of the Council, Development Review Committee, or the Planning Director. Section 29.20.755 Town Council The Town Council: (10) Determines requests for reasonable accommodation when action is not required of the Planning Commission, Development Review Committee, or the Planning Director. Sec. 29.20.255. Appeals from the decision by the Planning Director. Any interested person may appeal to the Planning Commission from a decision of the Planning Director: (5) Determining a request for reasonable accommodation. N:\DEV\ORDS\2013\HE. Implemenation.A-1 3-003.ExhibitA.dmx we