Ordinance 2014-06ORDINANCE NO. 2014-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING VARIOUS PROVISIONS OF CHAPTER
30 OF THE GILROY CITY CODE REGARDING
EMERGENCY SHELTERS, SUPPORTIVE AND
TRANSITIONAL HOUSING, REASONABLE
ACCOMMODATION AND DENSITY BONUS
WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy
( "City ") the power to make and enforce within its limits all local, police, sanitary and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the proposed Ordinance will amend various provisions of the current Gilroy
City Code Chapter 30, entitled "Emergency Shelters, Supportive and Transitional Housing,
Reasonable Accommodation and Density Bonus "; and
WEREAS, the Planning Commission held a duly noticed public hearing on March 6,
2014, at which time the Planning Commission received and considered a staff report pertaining to
Zoning Text Amendment file number Z 14 -02, took and considered the written and oral public
testimony related to Zoning Text Amendment file number Z 14 -02, and thereafter recommended
that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on April 21, 2014, at
which time the City Council took and considered written and oral public testimony, the staff
report dated March April 21, 2014, and all other documentation related to application Z 14 -02;
and
WHEREAS, the City Council finds that the proposed Ordinance is consistent with the
intent of the goals and policies of the City's General Plan; and
WHEREAS, the City Council further finds that the proposed Ordinance will not be
detrimental to the public welfare or injurious to persons or property in the City; and
WHEREAS, these amendments to the Gilroy City Code is exempt from environmental
review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California
Environmental Quality Act of 1970, as amended, because it can be seen with certainty that there
is no possibility that said amendments will have a significant effect on the environment; and
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 30, Section 30.2.20 of the Gilroy City Code entitled "Definitions" is hereby amended to
add new definitions to read as follows:
"Section 30.2.20 — Definitions
"Emergency Shelter" means housing with minimal supportive services for homeless
persons that is limited to occupancy of 180 days per calendar year or less by a homeless
person. No individual or household may be denied emergency shelter because of an
inability to pay. [Health and Safety Code Section 50801(e)].
"Supportive Housing" means housing with no limit on length of stay, that is occupied by
the target population and that is linked to on- or off -site services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community. [Health
and Safety Code Section 50675.2 (h)].
"Target Population" means adults with low- income having one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic health
conditions, or individuals eligible for services provided under the Lanterman
Developmental Disabilities Services Act [Division 4.5 (commencing with Section 4500)
of the Welfare and Institutions Code] and may, among other populations, include families
with children, elderly persons, young adults aging out of the foster care system,
individuals exiting from institutional settings, veterans, or homeless people. [Health and
Safety Code Section 53260 (d)].
"Transitional Housing" means 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 and shall not
exceed two years. [Health and Safety Code Sections 50675.2 (h) and 50801(i)]."
SECTION II
Chapter 30, Section 30.11. 10 of the Gilroy City Code entitled "Zoning Ordinance Residential Use
Table" is hereby amended to add emergency shelters, supportive and transitional housing to read
as follows:
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"
Al
RR
R1
R2
R3
R4
RH
ND
Supportive and Transitional
Housin 8
X
X
X
X
X
X
X
Emergency Shelter16
C
C
C
C
C
C
C
8 Supportive and/or transitional housing that serves more than six individuals, provides
on -site services and is licensed by the State as a group home shall only be allowed
upon the granting of a Conditional Use Permit.
16 Emergency shelters shall be subject to the performance standards listed in Section
30.41.32 of the City Code. Additionally, emergency shelters in the Agriculture and
Residential zoning districts shall only serve families. For the purpose of this section, a
family is defined as having one or more individuals under 18 years of age who reside with
a parent or with another person with care and legal custody of that individual (including
foster parents) or with a designee of that parent or other person with legal custody. Family
also includes a pregnant woman or a person who is in the process of adopting or
otherwise securing legal custody of any individual under 18 years of age."
SECTION III
Chapter 30, Section 30.19.13(a) of the Gilroy City Code entitled "Zoning Ordinance Commercial
Use Table" is hereby amended to add emergency shelters to read as follows:
"
PO
C 1
C3
HC
CM
Emergency Shelter16
C
C
C
C
X
C
C
16 Emergency shelters shall be subject to the performance standards listed in Section
30.41.32 of the City Code."
SECTION IV
Chapter 30, Section 30.19.13(b) of the Gilroy City Code entitled "Zoning Ordinance Commercial
Use Table (Specific Plan Districts) is hereby amended to add emergency shelters to read as
follows:
"
I DHD
DED
CCA
TD
CD
I GD
Emergency Shelter20
C
C
C
C
C
C
20 Emergency shelters shall be subject to the performance standards listed in Section
30.41.32 of the City Code."
SECTION V
Chapter 30, Section 30.23.12 of the Gilroy City Code entitled "Zoning Ordinance Industrial Use
Table" is hereby amended to add emergency shelters to read as follows:
"
C1
Ml
M2
Emergency Shelterb
C
C
C
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6 Emergency shelters shall be subject to the performance standards listed in Section
30.41.32 of the City Code."
SECTION VI
Chapter 30, Section 30.41.10 of the Gilroy City Code entitled "Performance Standards" is hereby
amended to read as follows:
"30.41.10 Statement of intent
It is the intent of this article to provide general standards that will protect the health,
safety, and welfare of residents of the City of Gilroy from land uses that include any
dangerous, injurious, noxious, or otherwise objectionable public nuisance. In addition, it
is the intent of this article to establish operational and development standards for
emergency shelters to ensure that these uses are operated in a manner that appropriately
addresses the needs of homeless individuals and families and consistent with the
requirements of Government Code sections 65583."
SECTION VII
Chapter 30, Section 30.41.32 of the Gilroy City Code entitled "Performance Standards" is hereby
added to read as follows:
"30.41.32 Specific Provisions — Emergency Shelters
In addition to the development standards in the underlying zoning district, the following
standards apply to emergency shelters. In the event of conflict between these standards
and the underlying zoning district regulations, the provisions of this Section shall apply.
(a) Management Plan: A management plan is required for all emergency shelters to
address management experience, good neighbor issues, transportation, client
supervision, screening of clients to ensure compatibility with the services
provided at the facility, food services, security, and training, counseling and
treatment programs for clients. Such plan shall be submitted to and approved by
the Planning Manager and Police Chief prior to operation of the emergency
shelter. The plan shall include a floor plan that demonstrates compliance with the
physical standards of this section. The operator of each emergency shelter shall
annually submit the management plan with updated information for review and
approval.
(b) Number of beds: The number of beds per emergency shelter shall not be limited.
However, the number of beds within any single room in a shelter shall not exceed
50 unless a larger number is approved on a temporary basis in advance by the
Planning Manager and Police Chief.
(c) Waiting and intake area: An indoor intake area shall be provided and be of
sufficient size to accommodate the maximum number of clients anticipated to
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request sheltering at any given time. In addition, an exterior area shall be
provided for clients waiting for the shelter to open. The waiting area shall be of
sufficient size to accommodate the maximum number of clients anticipated to be
waiting for the shelter to open at any given time. This waiting area shall be
physically separated and visually screened from the public right -of -way. The
method for determining the maximum number of clients requesting sheltering and
the number of clients waiting for the shelter to open shall be included in the
shelter management plan and approved by the Planning Manager and Police
Chief.
(d) Parking: One parking stall shall be provided per employee and volunteer on the
shift with the greatest number of employees and volunteers. In addition, one
parking stall shall be provided for every ten beds in the shelter.
(e) Lighting: Parking lots and pedestrian walkways of shelters that are open after
dusk shall provide lighting of a minimum horizontal illumination of two foot
candles for those areas."
SECTION VIII
Chapter 30, Section 30.50.23 of the Gilroy City Code entitled "Reasonable Accommodation" is
hereby repealed in its entirety and replaced with a new Section 30.50.23 amended to read as
follows:
"30.50.23 Reasonable accommodation
(a) Purpose. This section of the Zoning Ordinance has been established pursuant to
the Federal Fair Housing Amendments Act of 1988 (FFHAA) and the California
Fair Employment and Housing Act (the Acts), in order to provide people with
disabilities reasonable accommodation in the application of rules, policies,
practices, and procedures that may be necessary to ensure equal access to housing.
The purpose of this section is to provide a process for individuals with disabilities
to make requests for reasonable accommodation in regard to relief from the
various land use, zoning, and development regulations, policies and procedures.
(b) 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 section is intended to apply to those persons
who are defined as disabled by the Acts.
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
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or housing - related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of his or her choice.
A reasonable accommodation may be granted only to the household that needs the
accommodation and does not apply to successors in interest to the property.
(c) Application.
(1) Any person who requires reasonable accommodation, because of a
disability, in the application of a zoning law that may be acting as a barrier
to fair housing opportunities may do so by filing a Uniform Application
with the planning division.
(2) If the project for which the request is being made also requires some other
planning permit or approval, then the applicant shall file the request
together with the application for such permit or approval.
(3) In addition to the information required by the Uniform Application form,
the request must include the following information:
(i) The basis for the claim that the individual is considered disabled
under the Acts, including verification of such claim;
(ii) The City Code section or other regulation, policy or procedure
from which reasonable accommodation is being requested; and
(iii) Why the reasonable accommodation is necessary to make the
specific property accessible to the individual.
(4) If the project for which the request for reasonable accommodation is being
made requires some other discretionary approval, then the applicant shall
file the information required by this subsection for concurrent review with
the application for discretionary approval.
(d) Review Authority
(1) Requests for reasonable accommodation shall be reviewed by the Director
of Community Development or his/her designee if no other approval is
sought.
(2) Requests for reasonable accommodation submitted for concurrent review
with another discretionary land use application shall be reviewed by the
authority responsible for reviewing the discretionary land use application,
in conjunction with that application.
(e) Notice of Request for Accommodation. Written notice that a request for
reasonable accommodation has been filed shall be given as follows:
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(1) In the event that there is no approval sought other than the request for
reasonable accommodation, notice shall be mailed to the owners of record
of all properties which are immediately adjacent to the property which is
the subject of the request. Such notice shall be mailed at least 10 days
prior to a decision on the request. Notice shall include a description of the
proposed reasonable accommodation, the location of the subject property,
the time limit for submittal of comments and the name and contact
information for the Community Development Department.
(2) In the event that the request is being made in conjunction with some other
discretionary application, the notice shall be given along with the notice of
the other proceeding.
(f) Review Procedure.
(1) The Director or his/her designee shall make a written determination within
45 days of receipt of a complete application and either approve, approve
with modifications or deny a request for reasonable accommodation not
involving other discretionary applications in accordance with subsections
(g) and (h) of this section.
(2) The written determination to approve, approve with modifications or deny
the request for reasonable accommodation that is filed in conjunction with
a discretionary application shall be made by the authority responsible for
reviewing the discretionary land use application in compliance with the
applicable review procedure for that application. The written
determination to approve, approve with modifications or deny the request
for reasonable accommodation shall be made in accordance with
subsections (g) and (h) of this section.
(g) Findings.
(1) The written decision to approve or deny a request for reasonable
accommodation will be consistent with the Acts and shall be based on
consideration of the following factors:
(i) Whether the housing which is the subject of the request will be
used by an individual disabled under the Acts;
(ii) Whether the request for reasonable accommodation is necessary to
make specific housing available to an individual with a disability
under the Acts;
(iii) Potential impact on surrounding uses;
(iv) Physical attributes of the property and structures;
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(v) Alternative accommodations which may provide an equivalent
level of benefit;
(vi) Whether the requested accommodation would impose an undue
financial or administrative burden on the city; and
(vii) Whether the requested accommodation would require a
fundamental alteration of a city program including but not limited
to land use, zoning and the Uniform Housing, Building and Fire
Codes.
(2) In granting a request for reasonable accommodation, the reviewing
authority may impose any conditions of approval deemed reasonable and
necessary to ensure that the reasonable accommodation would comply
with the findings required by this subsection. Conditions may, where
appropriate, provide for any or all of the following:
(i) Removal of the permitted improvements by the applicant where
removal would not constitute an unreasonable financial burden
and if the need for which the accommodation was approved no
longer exists
(ii) Time limits and/or expiration of the approval if the need for which
the accommodation was granted no longer exists.
(h) Notice of Community Development Director's Decision.
(1) Within thirty (30) days after the hearing, the Community Development
Director, or his or her designee, shall issue a decision granting the request,
including any reasonable conditions, or denying the request.
(2) The notice of decision shall contain the Director's factual findings,
conclusions, and reasons for the decision.
(3) The notice of decision shall be mailed to the owners of record of all
properties which are immediately adjacent to the property which is the
subject of the request. For requests that are approved, the notice shall
include any conditions that may have been placed on the approval. The
notice shall also include the timeframe and process for appeal of the
decision.
(i) Notice of decisions on Reasonable Accommodation Requests Involving Other
Discretionary Approvals. Notice of the determination to approve, approve with
conditions or deny a request for reasonable accommodation that is associated with
a discretionary application shall be given by the authority responsible for
reviewing the discretionary land use application in compliance with the applicable
review procedures for the accompanying discretionary application.
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(j) Appeals
(1) Anyone so desiring may appeal the decision of the Community
Development Director or Planning Commission on an application for
reasonable accommodation by written request to the City Clerk and
payment of the appeal fee within 20 days of the determination by the
Director or Commission. Appeal of a decision by the Director shall be
heard by the Planning Commission and appeal of a decision by the
Planning Commission shall be heard by the City Council.
(2) Notice of an appeal shall be provided in the same means as provided for
the action of the authority whose action is being appealed."
SECTION IX
Chapter 30, Sections 30.46.40 through 30.46.48 of the Gilroy City Code entitled "Density Bonus"
is hereby repealed in its entirety and replaced with new Sections 30.46.40 through 30.46.48 to
read as follows:
"30.46.40 Density Bonus for Affordable Housing Developments
(a) Purpose and Intent. These regulations are intended to encourage the provision of
affordable housing in the community by granting density bonuses and other
incentives to developers of residential projects that construct or otherwise provide
for housing units that will be available for purchase or rent by senior citizens and
lower income persons and households. The ordinance codified in this section is
adopted in conformance with Government Code, Section 65915, et seq. Density
bonus provisions not specified in these regulations shall be governed by the State
Density Bonus Law, as identified above.
(b) Applicability. The Density Bonus provisions are applicable in all zoning districts
that allow residential development. The density bonus referred to in this section
shall apply to housing developments consisting of five or more dwelling units.
(c) Review Procedures. All requests for a density bonus shall be processed as a
Planned Unit Development (PUD) pursuant to sections 34.26 et. seq and 34.50.50
of the City Code. The PUD application shall clearly indicate the density bonus
requested, the number of affordable units proposed and the level of affordability,
any concessions or incentives requested and documentation substantiating the
need for the concessions or incentives in order to provide the proposed affordable
housing.
(d) Density Bonus for Affordable and Senior Housing.
(1) The City shall grant a density bonus and incentives or concessions
described in subsection (h), Concessions and Incentives, of this section
when the applicant for the housing development seeks and agrees to
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construct a housing project that meets or exceeds any one of the following
criteria:
(i) Ten percent (10 %) of the total units in a housing development for
lower income households as defined in Section 50079.5 of the
Health and Safety Code.
(ii) Five percent (5 %) of the total units in a housing development for
very low- income households as defined in Section 50105 of the
Health and Safety Code.
(iii) A senior citizen housing development as defined in Sections 51.3
and 51.12 of the Civil Code.
(iv) Ten percent (10 %) of the total dwelling units in a condominium
project as defined in subdivision (g) or in a planned development
project as defined in subdivision (k) of Section 1351 of the Civil
Code for persons and families of moderate income, as defined in
Section 50093 of the Health and Safety Code.
(2) If the housing development meets criteria a., b., or c. above, the density
bonus shall be an increase of twenty (20 %) percent over the maximum
allowable residential density under the general plan and zoning ordinance.
If the housing development meets criterion d. above, the density bonus
shall be an increase of five (5 %) percent over the maximum allowable
residential density under the general plan and zoning ordinance.
(3) If at least one of the above criteria is met, an additional density bonus
shall be granted as per the following sliding scale:
(i) An additional two and one -half (2.5 %) percent density bonus for
each increase of one (I%) percent very low- Income units above
the initial 5% threshold;
(ii) An additional one and one -half (1.5 %) percent density bonus for
each one (1 %) percent increase in lower- income units above the
initial 10% threshold; and
(iii) An additional one (I%) percent density bonus for each one (I%)
percent increase in moderate - income condominium or planned
development units above the initial 10% threshold.
(4) The total of the density bonuses pursuant to this section shall not exceed
35% for the proposed housing development. The density bonus granted
by this section shall not be included when determining the number of
housing units that is equal to five (5 %) percent or ten (10 %) percent of the
total number of units.
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(e) Density Bonus for Donation of Land: A residential project may be eligible for a
density bonus when an applicant for the project chooses to donate land for the
construction of very low income housing as specified in Government Code
Section 65915(h).
(f) Density Bonus or Incentive for Childcare Facilities. A residential project that is
eligible for a density bonus and includes a childcare facility that will be located on
the premises of, as part of, or adjacent to the residential project, may be eligible
for an additional density bonus or an additional concession or incentive as
specified in Government Code Section 65915(1).
(g) Density Bonus for Conversion of Apartments to Condominiums. A residential
project that proposes to convert apartments to condominiums may be eligible for a
density bonus when a percentage of the condominiums are reserved for persons of
low or moderate income as specified in Government Code Section 65915.5
(h) Concessions and Incentives.
(1) Any project that meets the minimum criteria specified in subsection (d),
Density Bonuses for Affordable and Senior Housing, for a density bonus
is entitled to incentives or concessions depending upon the amount of
affordable housing provided as follows:
(i) For projects that provide either five (5 %) percent of the units
affordable to very low - income households, 10% of the units
affordable to low- income households, or 10% moderate - income
condominiums, the developer is entitled to one concession;
(ii) When the number of affordable units is increased to 10% very
low- Income units, 20% lower - income units, or 20% moderate -
income condominiums, the developer is entitled to two
concessions; and
(iii) When the number of affordable units is increased to 15% very
low- Income, 30% low- income, or 30% moderate - income
household condominiums, the number of concessions is increased
to three concessions.
(2) Requested concessions shall be approved unless the City makes either of
the following findings in writing and based on substantial evidence:
(i) The concession is not required in order to provide for affordable
housing costs as defined by this section.
(ii) The concession would have a specific adverse impact as defined in
State Government Code Section 65589.5(d)(2) upon the public
health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical
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Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate -
income households.
(3) For the purpose of this section, concessions specified in Government Code
section 65915(k) include the following:
(i) Reduced minimum lot sizes
(ii) Reduced front yard setbacks
(iii) Reduced side yard setbacks
(iv) Reduced rear yard setbacks
(v) Increased building height or number of stories
(vi) Reduced number of on -site parking spaces
(vii) Reduced requirement for covered parking
(viii) Reduced landscaped area
Each item listed above shall be considered one concession.
(i) Standards for Affordable and Senior Project.
(1) Maximum Allowable Densities. The maximum allowable density of a
residential development shall be as specified in the General Plan and
zoning ordinance, exclusive of the units approved as part of the allowable
density bonus. The calculation of a density bonus that results in a
fractional unit shall be rounded up to the next whole number.
(2) Maximum Sales Price and Rent for Affordable Units: The rents and
owner- occupied costs charged for the housing units in the development
that qualify the project for a density bonus and other incentives and
concessions, shall not exceed the following amounts during the period of
continued availability required by this section:
(i) Rents charged for lower income density bonus units shall be as
defined in Health and Safety Code Section 50053 and as
implemented in the City's Affordable Housing Policy.
(ii) Owner- occupied units shall be available at an affordable housing
cost as defined in Health and Safety Code Section 50052.5 and as
implemented in the City's Affordable Housing Policy.
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(3) Unit Type and Location. All affordable units shall be reasonably dispersed
throughout the housing development, shall contain on average the same
number of bedrooms as the non - affordable units in the project, and shall
be comparable with the non - affordable units in terms of appearance,
materials and finished quality.
(4) Agreement. Prior to issuance of building permits for any units in the
project, the applicant shall execute and record at the Santa Clara County
Recorder's Office a deed restriction on each of the affordable units in the
project that explains the affordability requirement and ensures their
continued affordability consistent with the terms of this section. The
agreement shall be reviewed and approved by the City Attorney prior to
recordation.
(5) Retaining Affordability.
(i) A developer shall agree to, and the City shall ensure continued
affordability of, all lower- or very low- income density bonus units
for thirty (30) years or a longer period of time, if required by the
construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. If the City does not
grant at least one (1) concession or incentive, in addition to a
density bonus as specified in subsection (d) of this section, the
developer shall agree to, and the City shall ensure continued
affordability for a minimum of ten (10) years of all lower or very
low- income housing units receiving a density bonus.
(ii) A developer shall agree to, and the City shall ensure continued
affordability of, all moderate - income units in a condominium or
planned unit development project that are directly related to the
receipt of a density bonus for ten (10) years.
(6) Occupancy and Resale of Moderate - income Condominium and Planned
Unit Development Projects. The developer of a moderate - income
condominium or planned unit development, as defined in subsection (d)
(1) d. above, shall agree to and the City shall ensure that the initial
occupants of moderate - income units directly related to the receipt of a
density bonus shall be of moderate income, as defined in subsection (i) (2)
b. above. Further, an equity sharing agreement shall be recorded against
each of these units, as provided in subsection (i) (4) above and consistent
with Government Code Section 65915 (c) (2).
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SECTION X
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION XI
Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 5th day of May, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Freels,
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Clerk
APPROVED:
Donald Gage, Mayor
-14- ORDINANCE NO. 2014-06
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -06 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 5th day of May, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 8th day of May, 2014.
City Clerk of the City of Gilroy
(Seal)