Attachment 7 - January 11, 2023 Planning Commission Addendum Report with Exhibit 6PREPARED BY: Erin Walters and Jocelyn Shoopman
Associate Planners
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/11/2023
ITEM NO: 5
ADDENDUM
DATE: January 10, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider and Make a Recommendation to the Town Council on the Draft
2023-2031 Housing Element. Location: Town-Wide. General Plan
Amendment Application GP-22-003.
REMARKS:
Exhibit 6 includes Planning Commissioner comments.
EXHIBITS:
Previously received (available online here: https://engagelosgatoshousing.com):
1.Draft 2023-2031 Housing Element
2.Environmental Analysis
Previously received with the January 11, 20223 Staff Report:
3.Housing Element Update Process Timeline
4.Revised Appendix D, Sites Inventory Analysis
5.Revised Appendix H, Sites Inventory Form
Received with this Addendum:
6.Planning Commissioner Comments
ATTACHMENT 7
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From: Jeffrey Barnett <>
Sent: Saturday, January 7, 2023 3:01:21 PM
To: Jocelyn Shoopman <jshoopman@losgatosca.gov>; Jennifer Armer <JArmer@losgatosca.gov>
Subject: Proposed Revisions to the 2023-2031 Housing Element - Policy HE-6.1, Page 10-38
EXTERNAL SENDER
Dear Jocelyn and Jennifer.
Would you kindly include the attachment as a Desk Item for Agenda Item 5 on Wednesday?
Thanks in advance.
Jeffrey
EXHIBIT 6
Proposed Changes to the Los Gatos Draft Housing Element 6th Cycle 2023-2031
Policy HE-6.1 Fair Housing Page 10.38.
Current Language:
Support and publicize housing programs that protect individuals’ rights and
enforce fair housing laws prohibiting arbitrary discrimination in the building,
financing, selling or renting of housing on the basis of race, color, ancestry,
religion, national origin, sex, sexual orientation, age, disability/medical condition,
familial status, marital status, source of income or other such factors.
Proposed revisions:
1. After “sexual orientation” add “gender identification or expression”. It may be
covered under the term “sex”, but that is not clear. In CC 51(e)(5), sex is expressly
defined to include gender identification and expression, but this policy does not
completely track Section 51.
2. Add “genetic information”.
3. Add “primary language”.
4. Add “citizenship”.
5. Change disability/medical condition” to “disability, medical condition”.
6. Add “immigration status”
7. Consider adding “military or veteran status”.
8. Change “other factors” to “other arbitrary factors”. Marina Point , Ltd. V.
Wolfson (1982) 30 Cal3rd 721, 736.
These recommendations are based on the following:
A. California Civil Code Section 51:
(a) This section shall be known, and may be cited, as the Unruh Civil Rights Act.
(b) All persons within the jurisdiction of this state are free and equal, and no
matter what their sex, race, color, religion, ancestry, national origin, disability,
medical condition, genetic information, marital status, sexual orientation,
citizenship, primary language, or immigration status are entitled to the full and
equal accommodations, advantages, facilities, privileges, or services in all business
establishments of every kind whatsoever.
(c) This section shall not be construed to confer any right or privilege on a person
that is conditioned or limited by law or that is applicable alike to persons of every
sex, color, race, religion, ancestry, national origin, disability, medical condition,
marital status, sexual orientation, citizenship, primary language, or immigration
status, or to persons regardless of their genetic information.
(d) Nothing in this section shall be construed to require any construction,
alteration, repair, structural or otherwise, or modification of any sort whatsoever,
beyond that construction, alteration, repair, or modification that is otherwise
required by other provisions of law, to any new or existing establishment, facility,
building, improvement, or any other structure, nor shall anything in this section be
construed to augment, restrict, or alter in any way the authority of the State
Architect to require construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
(e) For purposes of this section:
(1) “Disability” means any mental or physical disability as defined in Sections
12926 and 12926.1 of the Government Code.
(2) (A) “Genetic information” means, with respect to any individual, information
about any of the following:
(i) The individual’s genetic tests.
(ii) The genetic tests of family members of the individual.
(iii) The manifestation of a disease or disorder in family members of the
individual.
(B) “Genetic information” includes any request for, or receipt of, genetic services,
or participation in clinical research that includes genetic services, by an individual
or any family member of the individual.
(C) “Genetic information” does not include information about the sex or age of any
individual.
(3) “Medical condition” has the same meaning as defined in subdivision (i) of
Section 12926 of the Government Code.
(4) “Religion” includes all aspects of religious belief, observance, and practice.
(5) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth. “Sex” also includes, but is not
limited to, a person’s gender. “Gender” means sex and includes a person’s gender
identity and gender expression. “Gender expression” means a person’s gender-
related appearance and behavior whether or not stereotypically associated with the
person’s assigned sex at birth.
(6) “Sex, race, color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, sexual orientation, citizenship,
primary language, or immigration status” includes a perception that the person has
any particular characteristic or characteristics within the listed categories or that
the person is associated with a person who has, or is perceived to have, any
particular characteristic or characteristics within the listed categories.
(7) “Sexual orientation” has the same meaning as defined in subdivision (s) of
Section 12926 of the Government Code.
(f) A violation of the right of any individual under the federal Americans with
Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of
this section.
(g) Verification of immigration status and any discrimination based upon verified
immigration status, where required by federal law, shall not constitute a violation
of this section.
B. Government Code Section 1139.8(a)(2): “California’s robust
nondiscrimination laws include protections on the basis of sexual orientation,
gender identity and gender expression, among other characteristics”.
C. Government Code 12920:
“Further, the practice of discrimination because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, disability, veteran or
military status, or genetic information in housing accommodations is declared to be
against public policy.
D. AFFH Report, Appendix A at Page 65
A.6 Fair Housing Enforcement and Outreach Capacity
“This section discusses fair housing legal cases and inquiries, fair housing
protections and enforcement, and outreach capacity. Fair housing legal cases and
inquiries. California fair housing law extends beyond the protections in the Federal
Fair Housing Act (FHA). In addition to FHA protected classes—race, color,
ancestry/national origin, religion, disability, sex, and familial status—California
law offers protections for age, sexual orientation, gender identity or expression,
genetic information, marital status, military or veteran status, and source of income
(including Federal housing assistance vouchers).
E. https://calcivilrights.ca.gov/housing/#whoBody:
California law protects individuals from illegal discrimination by housing
providers based on the following:
Race, color
Ancestry, national origin
Citizenship, immigration status
Primary language*
Age
Religion
Disability, mental or physical
Sex, gender
Sexual orientation
Gender identity, gender expression
Genetic information
Marital status
Familial status
Source of income
Military or veteran status
F. Protection against discrimination on the basis of gender identification or
expression is also present in laws found in the Education Code, Insurance Code,
Welfare and Institutions Code and the Health and Safety Code.
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