3W" °F MEETING DATE: 10/21/13
`OS s�T�s COUNCIL AGENDA REPORT ITEM NO: 3
DATE: OCTOBER 11, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: 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
RECOMMENDATION
1. Adopt the attached ordinance amending Chapter 29 (Zoning Regulations) of the Town Code
to incorporate revisions required to implement the State certified Housing Element.
PREPARED BY: Sandy L. Baily, Director of Community Development 1SC3
Reviewed by: Assistant Town Manager *Town Attorney Finance
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MAYOR AND TOWN COUNCIL
SUBJECT: Town Code Amendment A -13 -003
October 11, 2013
BACKGROUND
On October 7, 2013, the Town Council considered and voted in favor to introduce an ordinance
amending the Zoning Regulations of the Town Code to effectuate required changes to implement
the State certified Housing Element. Adoption of this ordinance (Attachment 1) would finalize
this decision.
ATTACHMENTS:
1. Ordinance amending Chapter 29 of the Town Code
SLB:EO:ct
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
�=I@ 00 Em
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
I ATTACHMENT 1
WHEREAS, Housing Action Item 4.3 of the General Plan Housing Element calls for
amendment of the Zoning Regulations of the Town Code to define emergency shelters as housing
with minimal support services for homeless persons that is limited to occupancy of six months or
less by homeless persons and to allow for an emergency shelter as a by -right permitted us in the
Controlled Manufacturing (CM) zoning district, subject to appropriate development standards; and
WHEREAS, housing that is accessible to people with disabilities has been identified as a
special housing need in the Housing Element of the Town's current General Plan; and
WHEREAS, Housing Action Item 6.2 of the General Plan Housing Element calls for
amendment of the Zoning Regulations of the Town Code to provide a procedure for persons with
disabilities seeking equal access to housing to be able to request reasonable accommodation under
the Fair Housing Act; and
WHEREAS, both the Federal Fair Housing Act and the California Fair Employment and
Housing Act impose an affirmative duty on local governments to make reasonable accommodation
(modifications or exceptions) in their land use regulations and practices when such accommodation
may be necessary to afford disabled persons an equal opportunity to housing; and
WHEREAS, the Town of Los Gatos has historically provided for reasonable
accommodation through the use of existing regulatory procedures not specifically designed for
people with disabilities; and
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;
MR]
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
SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 7, 2013, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on October 21, 2013. This
ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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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 ° of net
living as gle housekeeping uni 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.
Home.
Group Home shall have the same meaning as a Residential Care Facility, Small Family
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
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
pWoses 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. 29.40.610. - Permitted uses.
The following uses are permitted in a R -M or multiple - family residential zone:
(1) Single - family dwelling.
(2) Two - family dwelling.
(3) Small family day care home.
(4) Residential care facility, small family home.
(5) Multi - family dwelling.
(6) Transitional Housing facility as defined by Health and Safety Code
Section Health and Safety Code 50675.2
Sec. 29.70.220. - Permitted uses.
(a) Activities allowed in the CM or controlled- manufacturing zone must be those
which would not unreasonably interfere with residential uses in the vicinity or
other activities within the CM zone and which are in the following categories:
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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 =love-es;
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
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Califomia Fair Employment and Housing Act in the application 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
maior life activities, anyone who is regarded as having such impairment or anyone who has a
record of such impairment. This division is intended to apply to those persons who are defined as
disabled under the Federal Fair Housing Act and the Califomia 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) The zoning code provision regulation or policy from which reasonable accommodation is
being requested.
(6,) Why the reasonable accommodation is necessary to make the snecifrc 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 apolicant 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 pprove 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 Califomia 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 reouest is necessary.
(7)There is no altemative 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 Comm ission 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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