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6W N OF ' q4 �0s ont°S COUNCIL AGENDA REPORT DATE: October 3, 2013 MEETING DATE: 10/7/13 ITEM NO: i TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE TO INCORPORATE THE FOLLOWING REVISIONS REQUIRED TO IMPLEMENT THE STATE CERTIFIED HOUSING ELEMENT A. ADOPTION OF AN EMERGENCY SHELTER DEFINITION AND ALLOWING THE USE AS A PERMITTED USE IN THE CONTROLLED MANUFACTURING ZONE B. ADOPTION OF A UNIVERSAL DESIGN/REASONABLE ACCOMMODATION ORDINANCE FOR DISABLED PERSONS C. AMENDING THE "FAMILY" DEFINITION TO CONFORM WITH STATE LAW D. ADOPTION OF A TRANSITIONAL HOUSING DEFINITION AND ALLOWING THE USE AS A PERMITTED USE IN THE RESIDENTIAL MULTI- FAMILY ZONE E. REMOVAL OF THE MULTI- FAMILY CONDITIONAL USE PERMIT REQUIREMENT AND ALLOWING MULTI- FAMILY USES AS A PERMITTED USE IN THE RESIDENTIAL MULTI- FAMILY ZONE F. AMENDING THE GROUP HOME AND SMALL FAMILY RESIDENTIAL CARE FACILITY DEFINITIONS TO CONFORM TO THE COMMUNITY CARE FACILITIES ACT_ G. OTHER MINOR AMENDMENTS NECESSARY TO IMPLEMENT THE REVISIONS PREPARED BY: Sandy L. Baily, Director of Community Development Reviewed by: Assistant Town Manager / Town Attorney SC3 Finance N:\DEV \TC MPORTS\2OMffighement Amend. [A- 13 -03]. 10- 7- 13.doex Refomtatted: 5/30/02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: Zoning Regulation Amendments /A -13 -003 October 3, 2013 RECOMMENDATION: After opening and closing the public hearing, and asking the Clerk Administrator to read the title of the proposed ordinance, it is recommended that the Town Council: 1. Accept the Planning Commission's findings and recommendations in the form of meeting minutes for the Zoning Code amendments (Attachment 3) (no motion required). 2. Make the required finding that the proposed Zoning Code amendments are consistent with the General Plan and its Elements. (Attachment 4) (motion required). 3. Accept the recommendation of the Planning Commission and move to adopt Zoning Code Amendment A -13 -03 (motion required). 4. Move to waive the reading of the zone change Ordinance (motion required). 5. Move to introduce the Ordinance of the Town of Los Gatos effecting the Zoning Code amendment of the Town Code A -13 -03 (Attachment 5) (rnotion-required). BACKGROUND: On March 5, 2012, the Town Council adopted the 2007 -2014 Housing Element of the 2020 General Plan. The State Department of Housing Community Development (HCD) subsequently certified the Housing Element on September 20, 2012, 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 to applicable Federal and State housing laws. The following seven action items, contained in the adopted Housing Element, require a Zoning Ordinance Amendment: A. Adoption of an Emergency Shelter definition, development of standards, and allowing the use by right as a permitted use in at least one zoning district as required by SB2, the Housing Accountability Act (Action Item HOU -4.3) B. Adoption of a Universal Design/Reasonable Accommodation Ordinance for disabled persons as required by the Federal Fair Housing Act and California Fair Employment and Housing Act (Action Item HOU -6.2) C. Adoption of a "Family" definition to ensure compliance with Federal and State Fair Housing Law (Action Item HOU -6.6) D. Removal of the Multi- Family Conditional Use Permit (CUP) requirement and allowing multi - family uses as a permitted use in the Multi - Family Zone as required by Housing Element Law (Action Item HOU -6.7) E. Adoption of a transitional Housing definition and allowing the use by right as a permitted residential use in at least one zoning district as required by S132, the Housing Accountability Act (Action Item HOU -6.8) F. Amending the Group Home definition to conform to the requirements of the Community Care Facilities Act (Action Item HOU -6.9) PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: Zoning Regulation Amendments /A -13 -003 October 3, 2013 G. Amending the Small Family Home Residential Care Facility definition to conform to the requirements of the Community Care Facilities Act (Action Item HOU -610) All seven action items are required to be completed within one year of Housing Element adoption and are included in the proposed draft Zoning Ordinance Amendment (Exhibit 1 of Attachment 1). State Housing and Community Development staff recognize the 2012 adoption and certification dates of the Housing Element and advised that the Town should implement the required actions as soon as possible, before the end of the current Housing Element period (December 31, 2013). DISCUSSION: A. Project Summary The Housing Element action items can be grouped into five types of proposed zoning amendments: 1) revisions to existing use definitions and introduction of new use definitions in order to maintain conformance with Federal and State housing laws; 2) establishment of new uses as permitted uses by right in at least one zoning district as required by State planning and housing laws; 3) establishment of a new administrative process to proactively address Federal and State disability and housing laws; 4) duties of the deciding bodies; and 5) appeals. Exhibit A of the proposed draft Zoning Ordinance Amendment (Attachment 5) contains the proposed revisions. Proposed new text is underlined and deletions are shown with strikethrough text. See Attachment 1 for a thorough analysis of the proposed Zoning Ordinance amendments. B. Planning Commission On September 11, 2013, the Planning Commission considered the proposed Zoning Ordinance amendments and recommended adoption of the amendments. PUBLIC COMMENTS: One public member submitted written correspondence for the Planning Commission hearing (Exhibit 5 of Attachment 2). CONCLUSION: The recommended zoning ordinance amendments are required to implement the Town's certified Housing Element and satisfy the minimum requirements of the applicable State housing laws. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: Zoning Regulation Amendments /A -13 -003 October 3, 2013 ENVIRONMENTAL ASSESSMENT: It has been determined that this program was considered in the 2020 General Plan Environmental Impact Report and therefore any potential environmental impacts have been considered and mitigated and therefore no further environmental review is required. FISCAL IMPACT: There will be no fiscal impact in that the cost would be covered by the existing fees for ministerial or discretionary review of permits /applications. ATTACHMENTS: 1. Staff Report to the Planning Commission for the meeting of September 11, 2013 2. Desk Item Report for the Planning Commission meeting of September 11, 2013 3. Verbatim Minutes to the Planning Commission meeting of September 11, 2013 4. Required Findings 5. Amended Draft Zoning Ordinance (includes Exhibit A) SLB:EO:ct N: \DEV \TC REPORTS\2013&Isg.Element Amend.[A- 13 -03]. 10- 7- 13.doex wN `• TOWN OF LOS GATOS i PLANNING COMMISSION STAFF REPORT pg�,'Aj 5 Meeting Date: September 11, 2013 PREPARED BY: Erwin Ordonez, Senior Planner eordonez@losgatosea.gov APPLICATION NO: Zoning Code Amendment A -13 -003 LOCATION: Town -wide APPLICANT: Town of Los Gatos CONTACT: Erwin Ordonez, Senior Planner ITEM NO: 3 APPLICATION SUMMARY: Public Hearing to consider Adoption of Amendments to 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 a 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 RECOMMENDATION: Forward a recommendation to the Town Council for approval of the attached ordinance codifying the required revisions to implement the State Certified Housing Element. CEQA: It has been determined that this program was considered in the 2020 General Plan Environmental Impact Report and therefore any potential environmental impacts have been considered and mitigated, and therefore no further environmental review is required. ACTION: Forward a recommendation to the Town Council for adoption of Zoning Code Amendment A -13 -003. ATTACHMENT 1 Planning Commission Staff Report - Page 2 Zoning Code Amendment /A -13 -003 September 11, 2013 EXHIBITS: I. Draft Zoning Ordinance Amendment, includes Exhibit A (14 pages) 2. Required Findings (one page) 3. General Plan Committee Minutes of June 26, 2013 (five pages) 4. CUP Table (one page) BACKGROUND: On March 5, 2012, the Town Council adopted the 2007 -2014 Housing Element of the 2020 General Plan. The State Department of Housing Community Development (HCD) subsequently certified the Housing Element on September 20, 2012, 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 to applicable Federal and State housing laws. The following seven action items, contained in the adopted Housing Element, require a Zoning Ordinance Amendment: • Adoption of an Emergency Shelter definition, development of standards, and allowing the use by right as a permitted use in at least one zoning district as required by S132, the Housing Accountability Act (Action Item HOU -4.3) • Adoption of a Universal Design/ Reasonable Accommodation Ordinance for disabled persons as required by the Federal Fair Housing Act and California Fair Employment and Housing Act (Action Item HOU -6.2) • Adoption of a "Family' definition to ensure compliance with Federal and State Fair Housing Law (Action Item HOU -6.6) • Removal of Multi- Family Conditional Use Permit (CUP) requirement and allowing multi - family uses as a permitted use in the Multi- Family Zone as required by Housing Element Law (Action Item HOU -6.7) • Adoption of a transitional Housing definition and allowing the use by right as a permitted residential use in at least one zoning district as required by S132, the Housing Accountability Act (Action Item.HOU -6.8) • Amending the Group Home definition to conform to the requirements of the Community Care Facilities Act (Action Item HOU -6.9) • Amending the Small Family Home Residential Care Facility definition to conform to the requirements of the Community Care Facilities Act (Action Item HOU -610) All seven action items are required to be completed within one year of Housing Element adoption and are included in the proposed draft Zoning Ordinance Amendment (Exhibit 1). State Housing and Community Development staff recognize the 2012 adoption and certification Planning Commission Staff Report - Page 3 Zoning Code Amendment /A -13 -003 September 11, 2013 dates of the Housing Element and advised that the Town should implement the required actions as soon as possible, before the end of the current Housing Element period (December 31, 2013). On June 26, 2013, the General Plan Committee reviewed the proposed Zoning Ordinance amendments and recommended approval to the Planning Commission and Town Council, ANALYSIS: The Housing Element action items can be grouped into five types of proposed zoning amendments: 1) revisions to existing use definitions and introduction of new use definitions in order to maintain conformance with Federal and State housing laws; 2) establishment of new uses as permitted uses by right in at least one zoning district as required by State planning and housing laws; 3) establishment of a new administrative process to proactively address Federal and State disability and housing laws; 4) duties of the deciding bodies; and 5) appeals. Exhibit A of the proposed draft Zoning Ordinance Amendment (Exhibit 1) contains the proposed revisions. Proposed new text is underlined and deletions are shown with strikethrough text. / An analysis of the proposed revisions is noted below. Revised Definitions The existing zoning ordinance definitions of farnily, group home, and small family home residential care facility are inconsistent with current Federal and State laws. Local ordinances defining a family as certain number of persons in a group that consist of people related by blood or marriage have been successfully challenged and overturned in both State and Federal courts. The proposed amendment would update the Zoning Ordinance definition by defining family to mean "... one or more persons who comprise a single household and who live together as a single housekeeping unit." Additionally, the proposed amendment also reflects the current State mandate defining six or fewer persons living in a small family home residential care facility to be a single family use. In addition to the proposed revision to the family definition, the residential care facility, small family home residential care facility and group home definitions have been revised to be consistent with the State's 1973 Community Care Facilities Act. New Definitions On January 1, 2008, Senate Bill 2 (SB2), the Housing Accountability Act, became effective and established specific housing mandates that are now required of all local jurisdictions. The Planning Commission Staff Report - Page 4 Zoning Code Amendment /A -13 -003 September 11, 2013 legislation requires cities to include definitions for emergency shelters and transitional housing in their local zoning ordinances, requires an analysis of the need for emergency shelters in the community, and requires the jurisdiction to allow emergency shelters by right in at least one zoning district and to allow transitional housing as a residential use in at least one zoning district. The proposed zoning ordinance amendments address the basic emergency shelter and transitional housing definition specified in S132. The proposed use definitions include only the minimum language required to comply with State law. Establishment of new Permitted Uses S132 also requires local jurisdictions to analyze the need for emergency shelters in the community and to allow both emergency shelter and transitional housing uses as "permitted by right" uses in at least one zoning district. In addition, transitional housing uses must be treated the same as another residential use in the zoning districts they are permitted in. Emergency Shelters and Transitional Housing 1. Emergency Shelters Regional Context & Local Analysis The Town of Los Gatos currently participates with other cities and the County of Santa Clara in a regional approach to address homelessness in Santa Clara County. The Town is a member of the Urban County Community Development Block Grant (CDBG) and Joint Powers Authority (JPA). Additionally, Town staff is an active participant in the County Office of Affordable Housing Technical Advisory Committee (TAC) which reviews annual applications and makes annual funding recommendations to the County Board of Supervisors for both housing and services providers focusing on housing and caring for the homeless. The Town was also an active participant in the development of the current County Consolidated Plan which established the issue of addressing homelessness as top priority for the County and the seven (7) JPA cities (Los Gatos, Monte Serene, Saratoga, Campbell, Morgan Hill, Los Altos, and Los Altos Hills). The Urban County Consolidated Plan currently provides policy and funding guidance to support the existing framework of regional emergency shelters located in Santa Clara County (e.g. EHC Lifebuilders Boccardo Regional Shelter, Sobrato South County Shelter, Sobrato Family Living Shelter, and Innvision's Julian Street Inn, Montgomery Street Inn, Commercial Street Inn, and Georgia Travis Center, etc.). To satisfy the specific local emergency shelter analysis requirements of S132, staff reviewed information from the 2013 and 2011 Bi- annual Homeless Survey and Census to determine the homeless need in Los Gatos. The 2011 Homeless Survey and Census report documented 18 homeless individuals in Town. County staff has informed Town staff that the data from Planning Commission Staff Report - Page 5 ( Zoning Code Amendment /A -13 -003 September 11, 2013 the 2013 Homeless Survey and Census, which will be published in July, shows 11 homeless individuals in Los Gatos. EHC Lifebuilders has provided Town staff specific facility criteria (e.g. minimum sq. ft. per client, administration, etc.) for emergency shelters to help define the potential need in Town. Based on the existing 11 person need documented by the 2013 Homeless Survey and Census, the Town will need to have sufficient zoned land that could accommodate an emergency shelter of approximately 5,000 square feet on a property of approximately .30 acres (based on a 40- percent lot coverage) as a permitted use. 2. Development Of Emergency Shelter Local Criteria As part of the development of the draft Housing Element in 2009, staff had researched the possibility of allowing emergency shelters as a permitted use in the Controlled Manufacturing (CM) zoning district which is consistent with similar approaches taken by other jurisdictions statewide to allow emergency shelters in industrial or commercial zones (e.g. San Jose, Davis, Orange, etc.). Other jurisdictions have allowed emergency shelters as permitted uses in Public Facilities zones or in conjunction with churches (e.g. Morgan Hill). The Town does not have a Public Facility zone and churches are listed as Conditional Uses in residential and non - industrial zones. Staff believes that allowing the emergency shelter use in the CM zone is the best alternative for the Town given the characteristics of the zone (i.e. non - residential uses, larger parcels, generally separated from single family residential zones) and the analysis of need noted above. Along with the mandate to designate emergency shelters as a permitted use by right in at least one zoning district, SB2 allows local jurisdictions to establish specific development standards for the use. Based on the documented need from the past two Homeless Surveys and Census and staff research with other jurisdictions, staff is recommending that the PC consider the inclusion of the following development standards for emergency shelters as a permitted use: 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; and d. Conformance to all applicable Building and Housing Codes as determined by the Building Official. A proposed emergency shelter use will still need to comply with the California Environmental Quality Act (CEQA) and obtain any required Architecture and Site approvals from the Town just like any other permitted use. Planning Commission Staff Report - Page 6 Zoning Code Amendment /A -13 -003 September 11, 2013 The proposed zoning ordinance amendment in Exhibit 1 reflects the required emergency shelter definition, establishment of emergency shelters as a permitted use in the CM zone, and the development standards noted. During the General Plan Committee review of the proposed Zoning Ordinance Amendments, a concern was raised by a Committee member as to whether the State has any ability to require the Town to operate a shelter. Staff has confirmed with State Housing Community Development that there is not a requirement in SB2 that would allow an outside party to compel the Town to operate its own emergency homeless shelter. Additionally, State HCD noted that it would be very unlikely for an independent property owner to open a private homeless shelter that is not affiliated with an existing non - profit service provider or religious institution, due to the capital improvement and operating costs involved. The Town is only required to provide the zoning that would allow for an emergency shelter. 3. Transitional Housing Unlike emergency shelters which have transitory clients that have short-term stays, modern transitional housing facilities have stays longer than six months and operate like very much like market rate rental housing developments except for the provision of available support services or counseling for the tenants. Many transitional housing programs are now using Federal housing vouchers and local rental or lease agreements with existing market rate rental apartment owners and do not require any local land use approvals. In addition to adopting a definition for transitional housing and allowing the use as a permitted residential use, S132 requires that the use be treated similar to any other residential use in the zoning district that the use is allowed in. For example, if the transitional housing is a small family residential care facility of six or fewer persons, then 00132 requires that the Town must treat the use similar to a single family use. If the transitional housing use is a larger use with more units then S132 would require that the use be treated similar to a multi- family use. Given these facts, staff is recommending that transitional housing be permitted in the Multi - Family Residential (R -M) Zone because the R -M zone currently includes a range of residential uses. Any new transitional housing developments will still need to comply with CEQA and obtain any required Architecture and Site approvals from the Town. The attached zoning ordinance amendment in Exhibit 1 reflects the required transitional housing definition and the establishment of transitional housing as a permitted use in the R- M zone. Planning Commission Staff Report - Page 7 Zoning Code Amendment/A -13 -003 September 11, 2013 Multi-family Uses Currently, the Zoning Ordinance only allows multi - family uses in the R -M, O, C -1, C -2, CH and LM zones with a Town approved Conditional Use Permit (CUP). Multi - family uses are not allowed as a permitted by right use in any zoning district. This is inconsistent with the State's Housing Element law which requires that local jurisdictions allow various types of residential uses as a permitted use in at least one zoning district. Based on these facts, Action Item HOU -6.7 of the State Certified Housing Element, and the Town's long history of approving CUP's for multi - family development in the multi - family zone, staff is recommending that multi - family uses be allowed as a permitted use in the R -M zone. New multi - family developments will still need to comply with CEQA and obtain Architecture and Site approvals from the Town. The zoning ordinance amendment in Exhibit 1 would amend the R -M permitted use list and CUP table to reflect the recommended revision (See Exhibit 4 for CUP table). Reasonable Accommodation Administrative Process t The Federal Fair Housing Act of 1988 and California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing. The zoning ordinance amendment in Exhibit 1 establishes a process for disabled individuals to apply to the Community Development Director for any proposed accommodation from the zoning ordinance requirements and establishes specific findings for approval. In addition, the amendment includes that the decision of the Planning Director is appealable. It is also recommended that the duties of the Planning Director, Development Review Committee, Planning Commission, and Town Council be amended to include the determination actions for requests for reasonable accommodations. Staff anticipates that the most likely accommodation requests that may be received by the Town will be related to mobility impairments such as allowances for wheelchair ramps. During the General Plan Committee review of the proposed Zoning Ordinance Amendments, a concern was raised by a Committee member regarding the use of the Social Security definition for disability and whether the references for disability documentation are appropriate given recent legal cases. Staff is recommending that the Social Security definition be retained since it is consistent with the disability definition used by the Town for the Below Market Price Housing Program Guidelines. Planning Commission Staff Report - Page 8 Zoning Code Amendment /A -13 -003 September 11, 2013 CEOA DETERMINATION: It has been determined that this program was considered in the 2020 General Plan Environmental Impact Report and therefore any potential environmental impacts have been considered and mitigated and therefore no further environmental review is required. PUBLIC COMMENTS: No public comments have been received at the time of this report preparation. CONCLUSION AND RECOMMENDATION: A. Conclusion The attached zoning ordinance amendments are required to implement the Town's certified Housing Element and satisfy the minimum requirements of the applicable State housing laws. B. Recommendation 1. That the Planning Commission find that the proposed Zoning Ordinance amendments are required to implement the State Certified Housing Element and are consistent with the General Plan and its Sub - Elements. 2. That the Planning Commission forward a recommendation to the Town Council for adoption of Zoning Code Amendment A -13 -003. Prepared by: t} proved by: Erwin Ordoficz, AICP, EDFP Sandy L. Baily, AICP Senior Planner Director of Community Development SLB:EO:ct N -.\DEV \PC REPORTS'9013 \Housing Element Implementation ZO Amendments.PC 9- 11- 13.doc r ORDINANCE 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 EXgIBIT I, Of Attachment I 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 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 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 3 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: That there is no possibility that this project will have a significant impact on the enviromnent; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 4 '1 r SECTION V This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October _, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on _. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: C MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N dD EV\O RDS\2013 \14 E.Implemmation.A -13 -003. doe 5 This Page Intentionally. Left Blank_: y 5 Section 29.10.020 DEFINITIONS Emergency 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 related by blood � r more than five (5) PersOBS, REA ifiGluding Senlants, ��e nee'-not to he rel-Rt-Pd by blood or marfiage, liv ing ngk 1, ..el y b t 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 1 - EXHI$IT A Of Exhibit 1 Of Attachment 1 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. are provided to a group ef children or ad"Its sapeplqs� Transitional Housing means a housing facility 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. r (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) (2) (3) (4) u Single - family dwelling. Two - family dwelling. Small family day care home. Residential care facility, small family home. Multi - family dwelling 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 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 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 4 California Fair Employment and Housing Act in the application of zoning laws and other land i use regulations, policies and procedures Section 29.10.515. Applicability. A request for reasonable accommodation may be made by any person 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. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major 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 applicant's eligibility under the Federal Fair Housing Act and the _.......__._ California .Fair Employment and Housing Act 5 (5) The zoning code provision regulation or policy from which reasonable accommodation is being requested. (6) Whv 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 a2proval 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. dS=F 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_ (7)There 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 7 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. r 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: \DE V \ORDS\2013VHE. Lnplemenation. A -13 -003. ExhibitA. doex 0 This Page Intentionally Left .blank PLANNING COMMISSION — September 11, 2013 REQUIRED FINDINGS FOR: Public Hearing to consider Adoption of Amendments to Chapter 29 (Zoning Regulations) of the Town Code to incorporate revisions required to implement the State Certified Housing Element. APPLICANT: Town of Los Gatos FINDINGS Required finding for CEQA: ® That the required amendments were considered in the 2020 General Plan Environmental Impact Report and therefore any potential environmental impacts have been considered and mitigated and therefore no further environmental review is required. Required findings for General Plan Consistence: 18 That the proposed Zoning Ordinance amendments are required to implement the State Certified Housing Element and are consistent with the adopted General Plan and its Sub - Elements. � . NADEWINDINGS2013\AI3 -003 Housing Element Implementation Z O Amend findin-S.doex EXHIBIT 2 Of Attachment 1 This Page Intentionally Left Blank TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95030 (408) 354 -6872 - ------------ ---- --- ----- ---------- - - - --- -- - - - ------------------------------------------- SUMMARY MINUTES OF A SPECIAL MEETING OF THE GENERAL PLAN COMMITTEE OF THE TOWN OF LOS GATOS ON JUNE 26, 2013, HELD IN THE LOS GATOS TOWN COUNCIL CHAMBERS, AT 110 E. MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 5:05 p.m. by Chair John Bourgeois. ATTENDANCE: Members rp esent: Bob Beyer, John Bourgeois, Barbara Cardillo, Charles Erekson, Todd Jarvis, Matthew Hades, Joe Pirzynski Members absent: Barbara Spector, Marico Sayoc Staff present: Joel Paulson, Principal Planner; Suzanne Avila, Senior Planner; Envin Ordoriez, Senior Planner VERBAL COMMUNICATIONS None ITEM 1 APPROVAL OF MINUTES Joe Pirzynski made a motion to approve the minutes of June 12, 2013, as submitted. The motion was seconded by Bob Beyer and passed unanimously (8 -0). ITEM 2 371 KNOWLES DRIVE Suzanne Avila summarized the project, provided background and noted the two requested items for recommendation from the Committee: a proposed General Plan Amendment and a 2001 Town Council Resolution setting permitted land uses for the site. Mark Tersini, applicant, introduced the project, providing some background about ITT Properties and explained how the property was evaluated as a potential development site. There is currently a 7% vacancy rate for offices in Los Gatos. Based on current rental rates and the cost of land, an office project on this site does not pencil out. A plan with a revamped product type was developed based on input from staff, nearby residents, and the Consulting Architect. The goal is to provide a detached housing product as that is what buyers want today. Matthew I -hides asked about the analysis for the office use and if that has been provided. Iulark Tersini said he can provide that information._ EYJHBFP 3 Of Attachment 1 General Plan Committee Minutes June 26, 2013 Page 2 of 5 John Bourgeois commented that one of the statements about the project is that the traits will be more affordable. He asked if there is a price point for the units. Mark Tersini said the unit sizes are 1,600 to 1,900 square feet. The average price in the Knowles Drive area is over $1 million. The average home price in Los Gatos is $1.7 million and these units would be less than that. John Bourgeois commented that a Planned Development (PD) should not be used to circumvent the zoning regulations. The proposed setbacks are much smaller than the underlying zone. Mark Tersini said the product is a smart growth product and the setbacks are dictated by that. It is very livable. The RM setbacks are not current. Joe Pirzynski commented on the site layout and asked how it will work. Mark Tersini said that the narrow streets provide traffic calming. Charles Erekson asked what if the market is telling us that a different product type is needed, and the cun'ent zoning does not work with this product type? Joel Paulson commented that there are marry jtuisdietions that have small lot single - family guidelines. The only mechanism the Town has to approve a project of this type is through the PD process. Charles Erekson asked if an emerging product type not being consistent with the Zoning Ordinance might be an appropriate finding to recommend a project. Joel Paulson commented that the PD can be reviewed based on excellence in design and amenities such as open space. The PD language does not address product type. Matthew Hudes commented that higher density projects put a greater burden on traffic and infrastructure. John Bourgeois asked for input on the Council Resolution Joe Pirzynski commented that the resolution was adopted by Council as there was a proposed AHOZ project and it was a desirable project. Barbara Cardillo asked staff to summarize v�,bat the Committee is being asked to make a recommendation on. John Bourgeois asked if an overlay could be, added to the office zoning. Joel Paulson said that there is not a mechanism to do that. Todd Jarvis made a motion to recommend that the AHOZ designation be removed from the site. The motion was seconded by Joe Pirzynski and passed unanimously. Bob Beyer asked about the options for zoning. Joel Paulson said there are two options: Medium Density Residential or Office. If the General Plan designation is recommended to be changed to Medium Density Residential, the zoning could be changed to RM:5 -12 to be consistent. General Plan Committee Minutes June 26, 2013 Page 3 of S John Bourgeois, Bob Beyer, and Joe Pirzynski inquired about the PD rezoning process and the consistency of Multi - Family Residential versus Office designations for the proposed development and the overall long -term goals of the Town regarding the Courthouse surplus sites. Suzanne Avila explained the requirements for the PD process and noted that residential uses may be allowed through the PD or as a Conditional Use Permit in the office zone. She noted that the office designation would allow the Town the greatest flexibility with regards to potential future uses of the site. Joe Pirzynski made a motion to change the General Plan designation to Office, as that wordd allow the greatest flexibility. The motion was seconded by tlLlatthew Hudes and passed unanimously. ITEM 3 Zoning Ordinance Amendments for Housing Element Certification Erwin Ordonez commented that the proposed Zoning Ordinance amendments are required to implement the certified Housing Element. These include definitions, permitted uses, and adoption of an administrative process to accommodate persons with disabilities. John Bourgeois said that he would like to have the Committee review these one at a time, beginning with definitions, Todd Jarvis asked about State law and what discretion the Town has. Erwin Ordonez said that the State law is more restrictive, The staff recommendation is the minimum needed to meet State law. John Bourgeois asked about the definition of family and if there is a limit on what is considered a family. He also asked if roommates would qualify. Erwin Ordonez noted past legai cases, potential fair housing issues, and the definition changes that resulted, The lcey is determining whether the occupants are operating as a single household limit rather than whether they are related by blood or marriage. Barbara Cardillo asked about the difference between a multi- family dwelling versus multiple units within the same structure. Erwin Ordoiiez said it is multiple units within a structure. They would be within an RM zone. The change would add multiple - family dwelling as a permitted use only in the RM zone, Joe Pirzynski asked about the emergency shelter definition. Erwin Ordonez said it is directly from the statute. EmerEency Shelters John Bourgeois asked about emergency shelters and how they can be regulated. Erwin Ordonez said that the use needs to be allowed, but the Town has the ability to set standards. Staff has General Plan Committee Minutes June 26, 2013 Page 4 of 5 included them in the definition after determining the local need from the Homeless Census, talking to service providers, other cities, and the State Housing and Community Development (HCD) staff, Joe Pirzynski commented on the requirement to allow an emergency shelter if there is not one in the community and inquired about the possibility of private shelters. Are there any issues that can be considered other than building code. Ervin Ordonez said that CEQA would apply. He noted that there are only a small handful of service providers in Santa Clara County and that the available funding which is very competitive to obtain determines where they are proposed. Joe Pirzynski asked if a housing advocate were to come forward and request that the Town operate its own shelter, would the Town be obligated to provide it, Erwin Ordonez said that the law does not require it in the statute and would verify this with State HCD, Barbara Cardillo asked about verification for a legitimate provider. Erwin Ordonez said there are State licensing requirements which are verified by the Federal and State funding agencies. Barbara Cardillo asked if the ordinance will require a provider to be licensed or certified. Erwin Ordonez said it does not. Transition','] Housing Multifamily Uses and Associated Definitions John Bourgeois asked if the list of other definitions and allowance for a multi- family uses to be classified as a permitted use is to be included in the ordinance amendments. Erwin Ordonez - confirmed that the proposed definitions and the multi- family change are included. Administrative Process for Reasonable Accommodation Ordinance Erwin Ordonez said the proposal would establish a process with required findings and an appeal process. This is the minimum needed to meet State requirements. Todd Jarvis commented that under applicability, "disabled" may not include all disabilities as some cannot be certified. The intent is to give equality to someone who is disabled. Second, requiring a basis for a claim may be considered discriminatory. Erwin Ordonez said the definition of disability is what is used by Social Security. Todd Jarvis asked for this to be reviewed in the ordinance preparation. The draft ordinance will be, reviewed by the Town Attorney prior to moving it to public hearing. Bob Beyer made a motion to recommend approval to the deciding body. The motion was seconded by Charles Erekson and passed unanimously. John Bourgeois asked that Mr. Jarvis's comments be considered General Plan Committee Minutes June 26, 2013 ( Page 5 of 5 ITEM 4 ADJOURNMENT The meeting was adjourned at 6:20 p.m. The next regular meeting is scheduled for July 10, 2013. Prepared by: Suzanne OIIIW 1�E� N1DEMP02013 Minules\GPC- 062613 -doc This Page intentionally Left Blank r U c4 Y � 1 a� v U � N -o � 0 0 o V N �, O 0 � tl U 81 U N • �, iv N 111 1 IN�1,1 U c4 � a� v U � N -o Cd w 0 0 o V N �, O 0 � tl U 81 U N • �, iv H cd 0 0 O �I 9 N a> EXhMIT 4 Of Attachment 1 This Page Intentionally Left Blank TOWN OF LOS GATOS 022 �_• PLANNING COMMISSION STAFF REPORT Meeting Date: September 11, 2013 OMN EI PREPARED BY: Erwin Ordonez, Senior Planner eordonez Iosgatosca.aov APPLICATION NO: Zoning Code Amendment A -13 -003 LOCATION: Town -wide APPLICANT: Town of Los Gatos CONTACT: Erwin Ordoiiez, Senior Planner ITEM NO: 3 DESK ITEM APPLICATION SUMMARY: Public Hearing to consider Adoption of Amendments to 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 desidgon/reasonable accommodation ordinance for disabled persons • Amending the "Family" definition to conform with State Law C Adoption of a Transitional Housing definition and allowing the use as a permitted use in the Residential Multi- Family zone 4 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 ACTION: Forward a recommendation to the Town Council for adoption of Zoning Code Amendment A -13 -003. EXHIBITS: 1 -4 Previously Submitted 5. E -mail received from Lee Quintana dated September 11, 2013. ATTACHMENT 2 Planning Commission Desk Item - Page 2 Zoning Code Amendment /A -13 -003 September 11, 2013 REMARKS: Staff has received an e -mail from a Town resident asking for clarification of four points related to the reasonable accommodations provisions that are proposed in the Housing Element Zoning Ordinance Amendments (Exhibit 5). • What types of accommodations would not also require a discretionary permit? • Why is 45 -days being required to approve a request? • What court cases did the member of the General Plan Committee member reference regarding the disability definition? • Does Federal Law define disability differently than Social Security? And, is there a requirement that the BMP disability definition match the reasonable accommodation definition? Staff's responses to clarify these points are noted below: TvneS of accommodations not requiring a discretionary permit There is the potential for a wide range of reasonable accommodation requests due to the complex nature of mental and physical disabilities. Some will require discretionary reviews (e.g. minor residential permits or variances) and others only ministerial reviews (e.g. building permits). Staff anticipates that the most common will be related to some form of mobility impairment such as ramps to accommodate wheelchairs or walkers. Although there may be more potential requests that staff is unable to identify at this time, two examples of ministerial reasonable accommodations that would not require a discretionary approval include: • Allowing incandescent or halogen lighting instead of required energy efficient fluorescent lights in a kitchen or bathroom due to a vision related physical or mental impairment. • Allowing a sanitary sewer plumbing line in excess of a 2 -inch diameter within an accessory structure or detached garage to accommodate a fully- accessible toilet due to a physical impairment. Application Review Staff determined based on its experience processing various types of development related applications that a 45 -day review period would be sufficient time to review a request for a reasonable accommodation. Given the findings noted in the proposed amendment (Section 29.10.530), the determination on reasonable accommodation applications is not simply a determination as to whether an accommodation is either ministerial or administrative. Planning Commission Desk Item - Page 3 Zoning Code Amendment /A -13 -003 September 11, 2013 Definitions of Disability As noted in the staff report, a General Plan Committee member raised a concern about the proposed reasonable accommodation application requirement for additional information to document eligibility of a disability under the Federal and State Fair Housing Acts definitions. The Committee Member did not reference the specific legal cases they alluded to. Staff responded to the Committee that the Town has used the Social Security definition for the BMP Housing Program for determination eligibility of applicants or household members for the disability preference points and those applicants had not had issues with providing additional information regarding the nature of their impairment. The Federal Housing and Urban Development (HUD) notes that "Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment." The Social Security Administration (SSA) is also a Federal Agency and uses the following definitions to determine eligibility for benefits: "The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period oj'not less than 12 months." The SSA also includes the following additional definitions as guidance: "Disability in Children: Under title XVI, a child tinder age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months. What is a "Medically Determinable Impairment: A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and Iaboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings -not only by the individual's statement of symptoms." No legal requirement exists to use the same definition for both the BMP program or for the proposed reasonable accommodation provisions. However, staff referenced the SSA definition as an example of the type of documentation that could be provided by an applicant because the SSA provides a more specific benchmark (e.g. medically determinable physical or mental Planning Commission Desk Item - Page 4 Zoning Code Amendment /A -13 -003 September 11, 2013 impairment lasting for a continuous period of not less than 12 months) for establishing the "record of impairment" referenced in the Federal and State Fair Housing Acts. Prepared by: CAP roved Erwin Ordonez, AICP, EDFP Sandy L. B AICP Senior Planner Director of Community Development SLB:EO:ct NADEVTC REPORTS@0131Housing Element Implementation ZO Anlendlnents.PC 9- 11- 13- desk.doc Erwin Ordonez 'rom: Lee Quintana <leeandpaul @earthlink.net> .ent: Wednesday, September 11, 2013 11:55 AM To: Erwin Ordonez Cc: Greg Larson; Sandy Baily Subject: Reasonable accommodations Erwin, I am out of Town. I was just able to review the Agenda for tonights PC Meeting and the following questions regarding the new Code Section for Reasonable Accommodations, but am glad to see the Town finally coming into compliance with the 1988 Federal Law. 1. What types of accommodations would not also require a discretionary permit? 2. Why is 45 days being required to approve a request? Isn't the determination_ of whether or not a request meets the requirement for reasonable accommodation essentially ministerial or administrative? 3. What court case are being referred to in the last paragraph of page 7 of the Staff Report? 4. Does the Federal Law define disability differently then Social Security? If so : a) what are the differences? b) Is there a equirement that the definitions of disability for BMP and reason accommodations match and if so why was the BMP definition used? 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Y O rov o 'd G Y v v • I N 1 N O O H v G E O C Y v N N v v a N •-i N U .i N v E Y O W N Y C L] '� C O N N N W G rn H O w N O v N N b w .N N .{ EE h a v T T N H W C u G W � v Y v L H S H N ly N O' m G O � \N Y m N N zti ° a H U H N H y� O � U v Ur H 2 W z b' o_ C � N Oi O O C7 W Y O H This Page Intentionally Left Blank TOWN COUNCIL — October 7, 2013 REQUIRED FINDINGS FOR: Public Hearing to consider Adoption of Amendments to Chapter 29 (Zoning Regulations) of the Town Code to incorporate revisions required to implement the State Certified Housing Element. APPLICANT: Town of Los Gatos FINDINGS Required finding for CEQA: ® That the required amendments were considered in the 2020 General Plan Environmental Impact Report and therefore any potential environmental impacts have been considered and mitigated and therefore no further environmental review is required. Required findings for General Plan Consistence: M That the proposed Zoning Ordinance amendments are required to implement the State Certified Housing Element and are consistent with the adopted General Plan and its Sub - Elements. NADEV\FINDINGS\2013W13 -003 Housing Element Implementation O Amend TC fmdings.doex ATTACHMENT 4 This Page Intentionally Left Blank ORDINANCE 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 MUL I_-FAMHY 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 ATTACHMENT 5 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 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 2 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; MI NI 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 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 3 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: 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)). 0 SECTION V. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on . This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N9DE V %ORDS1 2013 V -IE.Implemenation.A -13 -003. doc 5 This Page Intentionally Left Blank Section 29.10.020 DEFINITIONS Emergency 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 ep rson• Family means one (1) or more persons related by bleed more than five (5) pffsens, not ineluding seEvams, -�4io need not to be related by bieod—er maffiage, O "ving as nD Y le housekeeping 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 Famil 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 Of Attachment 5 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. Transitional Housing means a housing facility 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. 0. - 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 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 California Fair Employment and Housing Act in the a lication of zoning laws and other land use regulations, policies and procedures. Section 29.10.515. Applicability. A request for reasonable accommodation may be made by any person 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 A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major 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 qual 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 applicant's eligibility under the Federal Fair Housing Act and the California Fair Employment and Housing Act. (5) The zoning code 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. 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, (7)There 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 7 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:VDE V \ORD512013 \HE.Implemenation.A -13 -003. Ext ib itA. docs we This Page Intentionally Left Blank