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
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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
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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
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Intentionally.
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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
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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
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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
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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? I
I'm unfortunately past the deadline and I am not asking that this e -mail be submitted to the PC as a Desk Item, but if
possible that your staff presentation answer questions 1, 2, and 4.
Lee
EXHIBIT K
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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
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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
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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:
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(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
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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
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