Planning Commission

City of Stockton

Meeting Agenda - Final

Stockton Planning Commission

D'Adrea Davie, Chair (District 6)

Kevin Hernandez, Vice Chair (At-Large)

Sol Jobrack (District 1)

Kim Tutt (District 2)

Elizabeth Hull (District 3)

Chris Eley (District 4)

Don M. Aguillard (District 5)

Council Chamber, City Hall, 425 N. El Dorado

Street, Stockton CA

6:00 PMThursday, January 28, 2016

1. CALL TO ORDER/ROLL CALL

2. PLEDGE TO FLAG

3. ADOPTION OF CONSENT CALENDAR

4. PUBLIC COMMENT*

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 16-2337USE PERMIT TO ESTABLISH A TRANSITIONAL HOUSING FACILITY

FOR A MAXIMUM OF 16 RESIDENTS IN AN EXISTING STRUCTURE

AT 801 SOUTH CALIFORNIA STREET

Recommended Action: RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to establish a transitional housing facility for a maximum of 16 residents at 801 South California Street (APN 147-215-12), in accordance with the Findings for Decision and Conditions of Approval detailed herein (Use Permit No. P15-275).

Department: Community DevelopmentAttachment A - Location Map

Attachment B - Site - Floor Plan

Attachment C - Project Description

Proposed Resolution

Attachments:

5.2 15-2204 RECOMMENDATION TO THE CITY COUNCIL TO APPROVE AN

AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE

RELATED TO COMPLIANCE WITH STATE HOUSING ELEMENT

LAW

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January 28, 2016 Planning Commission Meeting Agenda - Final

Recommended Action: RECOMMENDATION

Staff recommends the Planning Commission forward a recommendation to the City Council to approve an amendment to Title 16 of the Stockton Municipal Code, including Section 16.20.020, Table 2-2, "Allowable Land Uses and Permit Requirements;" Section 16.64.060, "Parking Assessment Districts;" Section 16.80.155, "Emergency Shelters;" Section 16.80.350, "Transitional Housing," and Section 16.240.020, "Definitions of Specialized Terms and Phrases," and the addition of Chapter 16.214, "Request for Reasonable Accommodation Under the Fair Housing Amendment Act of 1988 and the California Fair Employment and Housing Act;" related to compliance with state housing element law.

Department: Community DevelopmentAttachment A - Ordinance (Redline Version)

Resolution

Exhibit 1 - Ordinance Clean Version

Attachments:

6. NEW BUSINESS*

7. UNFINISHED BUSINESS

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS

9. COMMISSIONERS COMMENTS

10. ADJOURNMENT

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January 28, 2016 Planning Commission Meeting Agenda - Final

A. The meeting will be conducted in accordance with Rosenberg’s Rules of Order.

B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at

the podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker

card was received. Speakers are encouraged but not required to provide their name and address when speaking

before the Commission.

C. All questions from members of the audience to the Planning Commission and/or city staff members shall be

directed to the Chairperson of the Planning Commission.

All questions from Planning Commission members to staff shall be addressed directly to staff from the member

asking the question.

No personal comments and/or exchanges will be permitted between members of the audience and individual staff

or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the

Commission. This rule applies to communications outside of the public hearing process.

D. Information presented to the Commission shall only pertain directly to the item under consideration. Character

assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted.

E. All rules of Decorum pursuant to Council Policy 100-3- Rules for Conduct of City Council Meetings apply

equally to this Commission.

Agendas, staff reports and minutes can be viewed on the City of Stockton web

site http://www.stocktongov.com/government/oMeetings/boardComMeetings.html

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning

Commissioner, by any person who actively supports or opposes any application pending before the Planning

Commission, and such person has a financial interest in the decision. Active support or opposition includes

lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or

larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said

application.

The official City Planning Commission policy is that applications pending before this Commission should not be

discussed with the Commission members outside of a public hearing. If any representations are made privately,

they must be identified and placed in the public record at the time of the hearing.

If you challenge the proposed action in court, you may be limited to raising only those issues you or someone

else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning

Commission, at, or prior to, the public hearing.

NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish

language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton

to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including

those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or

agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the

Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business

hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within

this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission

prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular

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January 28, 2016 Planning Commission Meeting Agenda - Final

item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call

vote. Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak

Card" and submit it to the Recording Secretary prior to the meeting.

* For any person wishing to address the Planning Commission on any matter not on the printed agenda.

Chairperson may set time limit for individual speakers/groups.

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City of Stockton

Legislation Text

File #: 16-2337, Version: 1

USE PERMIT TO ESTABLISH A TRANSITIONAL HOUSING FACILITY FOR A MAXIMUM OF 16RESIDENTS IN AN EXISTING STRUCTURE AT 801 SOUTH CALIFORNIA STREET

RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit toestablish a transitional housing facility for a maximum of 16 residents at 801 South California Street(APN 147-215-12), in accordance with the Findings for Decision and Conditions of Approval detailedherein (Use Permit No. P15-275).

Summary

The applicant, CeliaWay Foundation, Inc., has submitted a Use Permit application in order toestablish a transitional housing facility for a maximum of 16 residents in an existing structure on thesubject site.

DISCUSSION

Background

The proposed transitional housing facility would be located in an approximately 3,320-square footsingle-story building. The 22,500-square foot subject site is located on the west side of CaliforniaStreet, 150 feet north of Worth Street and adjacent to the Burlington Northern and Santa Fe RailroadCompany tracks. The site is zoned IL (Industrial, Limited) and is bounded to the:

· north across the railroad tracks by a vacant site zoned IG (Industrial, General);

· east across California Street by a warehouse building zoned IL;

· south by a single-family residence zoned IL; and

· west by a vacant site zoned IL (Attachment A - Location Map).

The neighborhood surrounding the subject site is generally characterized by industrial uses north ofWorth Street and residential uses south of Worth Street. The exception is that the southern portionof the block containing the subject site is developed with residential uses. The nearest school, A.G.Spanos Elementary School, is located approximately 850 feet north of the project site.

Project Description

Stockton Municipal Code (SMC) Section 16.20.020/Table 2-2 requires a Planning Commission-City of Stockton Printed on 1/25/2016Page 1 of 2

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File #: 16-2337, Version: 1

Stockton Municipal Code (SMC) Section 16.20.020/Table 2-2 requires a Planning Commission-approved Use Permit in order to establish a transitional housing facility. The applicant has submittedthe subject Use Permit in order to establish a transitional housing facility for a maximum of 16residents in the existing structure on the subject site. Up to four residents would occupy each of theproposed facilities’ four bedrooms (Attachment B - Site/Floor Plan). The applicant describes theproposed use (Attachment C - Project Description) as “sober living housing” intended to serveindividuals with behavioral health deficiencies and those who suffer from substance abuse and are inneed of a structured living environment. Residents would be required to submit to random drugand/or alcohol testing and attend regular group counselling meetings. Residents would beresponsible for maintenance of their rooms and would have a weekly schedule of chores. The facilitywould have a 10:00 p.m. curfew, Sunday through Thursday, and a 12:00 a.m. (midnight) curfew onFriday and Saturday.

Development of the site began in 2005 with approval of a Design Review application to construct theoffice building, a 3,600-square foot warehouse, and a 20-space parking lot to serve the approveduses. The office and parking lot were constructed several years later; however the warehouse wasnever constructed. The site is surrounded by a wrought iron-style fence, with a gate that is setbackfrom the street. Access to the site is via an existing driveway off of California Street.

SMC Section 16.64.040 requires that on-site parking be provided at the rate of one space for everytwo beds, resulting in a requirement for eight spaces for the subject use. The site’s 20-space parkinglot more than meets the Code’s minimum requirement.

SMC Section 16.80.350 states that transitional housing facilities shall not be located within 500 feetof another similar facility. Staff is not aware of any such facilities within the noted minimumseparation area.

ENVIRONMENTAL REVIEW

Should the Planning Commission approve the subject Use Permit, the project would be categoricallyexempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, for the re-use ofan existing commercial building.

VOTES REQUIRED:

A vote of a majority, or four (4), of the total authorized membership of the Planning Commission, isrequired for the Commission to take an action on this matter.

Attachment A - Location MapAttachment B - Site/Floor PlanAttachment C - Project Description

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Attachment A

Site

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Attachment B

Site/Floor Plan

N

N.A.P. – This bwas not constructed.

Existing Building

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Attachment C

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Attachment C

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Attachment C

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Resolution No.

STOCKTON PLANNING COMMISSION

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON APPROVING A USE PERMIT TO ESTABLISH A TRANSITIONAL HOUSING FACILITY FOR A MAXIMUM OF 16 RESIDENTS AT 801 SOUTH CALIFORNIA STREET (P15-275)

The applicant, CeliaWay Foundation, Inc., submitted a Use Permit application

in order to establish a transitional housing facility for a maximum of 16 residents in an existing structure on the subject site; and

The proposed transitional housing facility would house a maximum of 16

residents in “sober living housing” intended to serve individuals with behavioral health deficiencies and those who suffer from substance abuse and are in need of a structured living environment and residents would be subject to a variety of restrictions and curfews; now, therefore,

THE PLANNING COMMISSION OF THE CITY OF STOCKTON FINDS AND

DETERMINES, AS FOLLOWS: 1. The Planning Commission hereby approves the request for a Use Permit to establish a transitional housing facility for a maximum of 16 residents at 801 South California Street, based on the following findings:

a. The subject use is allowed in the IL (Industrial, Limited) zoning district subject to

approval of a Planning Commission-approved Use Permit, per Stockton Municipal Code (SMC) section 16.20.020/Table 2-2. The subject use complies with all other applicable provisions of Title 16 of the SMC, otherwise known as the “Development Code,” including applicable development standards for transitional housing (SMC section 16.80.350).

b. The subject use, as conditioned, would strengthen the integrity and character of

the IL and IG-zoned neighborhood because the project will result in the re-use of an existing vacant structure. The subject use is not expected to be incompatible with existing and planned uses in the vicinity of the subject site, because the use is permitted in the IL zone and the property is surrounded by industrially-zoned parcels.

c. The subject use is consistent with applicable general land uses, objectives,

policies, and programs of the General Plan for transitional housing. Specifically, use of the site for a transitional housing facility is consistent with the following

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General Plan’s policies:

LU-5.5 – The City shall ensure an adequate separation between sensitive land uses (residential, education, healthcare) and industrial land uses to minimize land use incompatibility associated with noise, odors, and air pollutant emissions from industrial uses. The use of the site’s existing structure for a transitional housing facility minimizes the impacts on the southerly-adjacent use that would otherwise be experienced if the site was developed with an industrial use.

d. The subject site is physically suitable for the type and density/intensity of use being proposed, including the provision of services (e.g., sanitation and water), public access and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the proposed transitional housing facility is located within an existing structure that is provided with adequate access and public services and is not hindered by physical constraints.

e. The establishment, maintenance or operation of the subject use is not expected

to endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, because the subject use must comply with all applicable building and fire codes, as well as with applicable development standards for transitional housing development.

f. The design, location, size and operating characteristics of the subject use are

expected to be compatible with existing and planned land uses in the vicinity of the subject property, because the subject use will re-use an existing facility with a non-industrial-type use.

g. Approval of the subject use is in compliance with the provisions of the California

Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project is categorically exempt pursuant to Section 15301, Class 1, of the CEQA Guidelines, because it meets the applicable requirements for the re-use of an existing structure.

2. In accordance with Stockton Municipal Code (SMC) section 16.168.070, the following Conditions of Approval are imposed to ensure compliance with the Findings for Approval of the Use Permit:

Standard

a. The business operator shall comply with all applicable Federal, State, County, and City codes, regulations, laws, and other adopted standards and pay all applicable fees.

b. Compliance with these Conditions of Approval is mandatory. Failure to comply

with these Conditions of Approval is unlawful and may constitute a public

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nuisance subject to the remedies and penalties identified in the SMC, including, but not limited to, monetary fines and revocation.

c. This approval shall become effective 10 days after approval, unless the action is

appealed. d. This Use Permit shall be posted in a conspicuous place and be made available

immediately to City personnel upon inspection of the premises.

Specific

e. Any future signage shall be subject to approval by the Community Development Director or Planning Commission.

f. The applicant’s project description (dated 2/27/15) is approved as a part of the

subject project and any proposed modifications shall be submitted to the Community Development Director for review and approval prior to becoming effective.

g. Security lighting within the transitional housing/residential treatment project shall

be installed in all parking and common areas, as well as at the main entrance and exits. Any lighting on the site shall be shielded so as not to shine onto nearby residential properties or adjacent rights-of-way.

h. Prior to the occupancy of the subject use, a video surveillance system shall be in

place. The video surveillance system shall have a 14-day continuous recording capability and all video records shall be archived for at least 30 days. The video surveillance system shall cover the exterior of the buildings, parking areas, landscaped areas and the building’s entrance/exits. The locations of the cameras and related equipment for the video surveillance system shall be subject to the approval of the Police Department.

i. Any modifications and/or upgrades to the site’s exterior fencing shall be subject

to approval by the Community Development Director. j. The operator shall submit a plan for the use of the proposed security gates

adjacent to California Street. The plan shall include a minimum 20-foot setback for the entry gate, details for the keypad entry device and operational details for the facility (e.g. day and hours of operation, shifts, visitor hours,...). The plan shall be submitted to the Engineering Section for review and approval and all required improvements shall be in place prior to the initiation of the approved use.

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k. Prior to initiation of the subject use the operator shall install and maintain all existing landscaped areas on the subject site.

PASSED, APPROVED, and ADOPTED January 14, 2015 .

AYES:

NAYS:

ABSENT:

D’ADREA DAVIE, CHAIR City of Stockton Planning Commission

ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission

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City of Stockton

Legislation Text

File #: 15-2204, Version: 1

RECOMMENDATION TO THE CITY COUNCIL TO APPROVE AN AMENDMENT TO TITLE 16 OFTHE STOCKTON MUNICIPAL CODE RELATED TO COMPLIANCE WITH STATE HOUSINGELEMENT LAW

RECOMMENDATION

Staff recommends the Planning Commission forward a recommendation to the City Council toapprove an amendment to Title 16 of the Stockton Municipal Code, including Section 16.20.020,Table 2-2, “Allowable Land Uses and Permit Requirements;” Section 16.64.060, "ParkingAssessment Districts;" Section 16.80.155, “Emergency Shelters;” Section 16.80.350, “TransitionalHousing,” and Section 16.240.020, “Definitions of Specialized Terms and Phrases,” and the additionof Chapter 16.214, "Request for Reasonable Accommodation Under the Fair Housing AmendmentAct of 1988 and the California Fair Employment and Housing Act;" related to compliance with statehousing element law.

Summary

The City is in the process of preparing the 2015-2023 Housing Element update for the StateDepartment of Housing and Community Development’s (HCD) review and eventual certification.HCD requires that cities demonstrate their zoning ordinance is in conformance with state housingelement law (Government Code 65583) as part of their certification process. The city’s housingconsultant, Mintier Harnish, performed a review of Title 16 of the Stockton Municipal Code (SMC)and determined there are several areas that require amendments to comply with state housing lawrequirements. As a result, staff prepared and is recommending a zoning ordinance amendment thatcomplies with state law.

DISCUSSION

Background

On November 19, 2015, the Planning Commission approved a recommendation to submit the draft2015-2023 Housing Element update to HCD, which was subsequently approved by City Council onDecember 15, 2015. As a part of HCD’s housing element review and eventual certification process,local planning agencies are required to demonstrate that their zoning ordinance is in compliance withstate housing element law (Government Code 65583).

The City’s housing element consultant, Mintier Harnish performed an independent review of Title 16of the SMC and determined three areas that do not appear to be in compliance with state housingCity of Stockton Printed on 1/25/2016Page 1 of 6

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of the SMC and determined three areas that do not appear to be in compliance with state housingelement law. These areas include 1) emergency shelter provisions, 2) transitional and supportivehousing provisions, and 3) reasonable accommodation procedures. The following provides anoverview of the state law requirements in comparison to the City’s existing SMC to identify areasrequiring consideration for the proposed amendment.

Emergency Shelter Provisions

The State defines emergency shelters as, “Housing with minimal support services for homeless

persons that is limited to occupancy of six months or less by a homeless person. No individual or

household may be denied emergency shelter because of an inability to pay.” To comply with Statelaw (Government Code Section 65583(a)(4)(A)), jurisdictions must have or adopt a zoningclassification that permits emergency shelters in a non-discretionary manner. Jurisdictions may,however, apply specific objective development and management standards pursuant to GovernmentCode Section 65583(a)(4)(A)(i-viii), as follows:

· The maximum number of beds or persons permitted to be served nightly by the facility.

· Off-street parking based upon demonstrated need, provided that the standards do not requiremore parking for emergency shelters than for other residential or commercial uses within thesame zone.

· The size and location of exterior and interior on-site waiting and client intake areas.

· The provision of on-site management.

· The proximity to other emergency shelters provided that emergency shelters are not requiredto be more than 300 feet apart.

· The length of stay.

· Lighting.

· Security during hours that the emergency shelter is in operation.

The SMC identifies "homeless shelters", as opposed to "emergency shelters", as a land use underSocial Services Facilities and defines the use as "A public or private building which provides

immediate, short-term shelter that may involve supplemental services for more than six (6) homeless

individuals or family members without compensation." Table 2-2 Allowable Land Uses and PermitRequirements in the SMC, identifies homeless shelters as being permitted in the Residential, HighDensity (RH), Commercial, Office (CO), Commercial, General (CG), Commercial, Large-Scale (CL)and Industrial, Limited (IL) zoning districts subject to a Planning Commission Use Permit. Homelessshelters are also allowed in the Public Facilities (PF) zoning district subject to an Administrative UsePermit. The SMC does not identify any specific development and management standards for

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homeless shelters.

Mintier's review concluded that the existing SMC does not comply with State law because it does notpermit homeless shelters in any zoning district in a non-discriminatory or by-right manner (meaningno use permit is required). Also, Mintier found that the naming convention and definition forhomeless shelters in the SMC does not align with state law, and should be revised to be consistentwith the law.

Transitional and Supportive Housing Provisions

Regarding transitional and supportive housing provisions, State law (Government Code Section65583) requires cities and counties to consider transitional and supportive housing as residentialuses allowed in all zones that allow residential uses and only subject to those restrictions that applyto other residential uses of the same type in the same zone. State law contains the followingdefinitions for transitional and supportive housing, and target population as it relates to supportivehousing:

Transitional Housing. Rental housing operated under program requirements that call for thetermination of assistance and recirculation of the assisted unit to another eligible program recipient atsome predetermined future point in time, which shall be no less than six (6) months. Transitionalhousing units are residential uses permitted in all zones allowing residential uses, subject only tothose requirements and restrictions that apply to other residential uses of the same type in the samezone.

Supportive Housing. Housing with no limit on the length of stay, that is occupied by the targetpopulation and that is linked to onsite or offsite services that assist the supportive housing resident inretaining the housing, improving his or her health status, and maximizing his or her ability to live and,when possible, work in the community. Supportive housing units are residential uses permitted in allzones allowing residential uses, subject only to those requirements and restrictions that apply toother residential uses of the same type in the same zone.

Target Population. Persons with low incomes who have one or more disabilities, including mentalillness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible forservices provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5(commencing with Section 4500) of the Welfare and Institutions Code) and may include, among otherpopulations, adults, emancipated minors, families with children, elderly persons, young adults agingout of the foster care system, individuals exiting from institutional settings, veterans, and homelesspeople.

The SMC does not include a definition for supportive housing and defines transitional housing as"public or private building which provides, for an extended period of time, a structured living

environment which may include sober or drug free living with social services and/or counseling or

other programs to assist the homeless, parolees, recovering alcoholics/drug users, and/or substance

abusers in their transition to self-sufficiency. Includes halfway houses. Does not include battered

women’s shelter (“Rooming and/or boarding houses) and interim incarceration facilities (‘PublicCity of Stockton Printed on 1/25/2016Page 3 of 6

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women’s shelter (“Rooming and/or boarding houses) and interim incarceration facilities (‘Public

institutions’).” Transitional housing is identified in Table 2-2, Allowable Land Uses and PermitRequirements, as a land use type under Social Services Facilities and is permitted in theResidential, High Density (RH), Commercial, Office (CO), Commercial, General (CG), Commercial,Large-Scale (CL) and Industrial, Limited (IL) zoning districts subject to a Planning Commission UsePermit. Transitional housing is allowed in the Public Facilities (PF) zoning district subject to anAdministrative Use Permit.

Mintier's review concluded that the existing SMC does not comply with State law because it does notpermit transitional housing and supportive housing in all zones allowing residential uses. In fact, itdoes not identify supportive housing as a specific land use type. Mintier also found that the definitionin the SMC for transitional housing is not consistent with state law and a definition is lacking forsupportive housing. The SMC also adds restrictions to transitional housing by stating they are not tobe located within 500 feet of another transitional housing facility which is also not in compliance withstate law.

Reasonable Accommodation Procedures

Several federal and state fair housing laws prohibit discrimination against individuals with disabilitiesin housing, including the Federal Fair Housing Amendments Act of 1988, California’s FairEmployment and Housing Act, and the state’s Housing Element law. Taken together, these pieces oflegislation require that cities and counties take affirmative action to eliminate regulations andpractices that deny housing opportunities to individuals with disabilities, and more specifically, requirethat cities and counties provide individuals with disabilities, or developers of housing for people withdisabilities, flexibility in the application of land use and zoning regulations, practices and procedures.

Based on Mintier’s review of the SMC, it was concluded that there is no formal process in place forrequesting reasonable accommodation and the SMC is not in compliance with state housing elementlaw.

Present Situation

City staff prepared and is recommending an amendment to Title 16 that addresses revisionsnecessary to comply with state housing element law (Attachment A - Ordinance (redline version)).As currently drafted, the proposed amendment would revise noted code sections as follows:

Table 2-2 “Allowable Land Uses and Permit Requirements”

· Change reference from “homeless” shelters to “emergency” shelters to conform to the use

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reference in the state law.

· Make emergency shelters a permitted use in the Industrial Limited (IL), Industrial, General(IG), and Public Facilities (PF) zoning districts.

· Code reference added to refer to development standards for Emergency shelters.

· Delete Transitional Housing use under Social Services Facilities since state law requiressimilar treatment as all other residential uses.

Section 16.64.060, “Parking assessment districts”

· Change “homeless” shelters to “emergency” shelters.

Section 16.80.155, “Emergency shelters”

· New section added to provide development standards for emergency shelters as allowed bystate law.

Section 16.80.350, “Transitional Housing”

· Delete separation standards for Transitional Housing use since state law requires similartreatment as all other residential uses.

Chapter 16.214 Requests for Reasonable Accommodation Under the Fair Housing Amendments Actof 1988 and the California Fair Employment and Housing Act

· Add a new chapter for Reasonable Accommodation to establish formal procedures forindividuals, family members, caregivers, and/or anyone acting on behalf of the person withdisabilities to request reasonable accommodation in land use, zoning, rules, policies, practices,and procedures that may be necessary to ensure equal access to housing.

Amendment of Section 16.240.020, Definitions of Specialized Terms and Phrases

· Add new definition for Transitional Housing to conform with definition in state law and deleteold definition under social services facilities.

· Add new definitions for Supportive Housing and Target Population to conform with definitionsin state law.

· Change “Homeless” to “Emergency” shelters and revise definition to conform with definition instate law.

In conclusion, the proposed Code Amendment will bring the City into compliance with state housingelement law. The end result will allow for the appropriate level of review and application ofreasonable development standards on future housing development projects. The required affirmativefindings for approval can be made. Therefore, staff recommends that the Planning Commission adoptCity of Stockton Printed on 1/25/2016Page 5 of 6

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findings for approval can be made. Therefore, staff recommends that the Planning Commission adopta Resolution forwarding a recommendation to the City Council to approve the proposed CodeAmendment to Title 16 of the SMC.

ENVIRONMENTAL REVIEW

The proposed SMC amendments are exempt from the California Environmental Quality Act (CEQA)under the “general rule” that CEQA applies only to projects that have the potential for causingsignificant environmental effects, as specified in Section 15061(b)(3). These amendments, due totheir minimal potential impacts and required opportunities for further case-specific analysis, lack thepotential for significant, adverse environmental impacts.

VOTES REQUIRED

A vote of a majority, or four (4), of the total authorized membership of the Planning Commission, isrequired for the Commission to take an action on this matter.

Attachment A - Ordinance (Redline Version)

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ATTACHMENT A

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.20, SECTION 16.20.020, CHAPTER 16.64, SECTION 16.64.060, CHAPTER 16.80, SECTION 16.80.155, CHAPTER 16.80, SECTION 16.80.350, AND CHAPTER 16.240, SECTION 16.240.020, AND ADDING CHAPTER 16.214 TO THE STOCKTON MUNICIPAL CODE RELATED TO CERTAIN HOUSING LAND USES AND DEVELOPMENT STANDARDS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT

The City Council of the City of Stockton finds that the current Stockton Municipal Code provisions for certain housing land uses and development standards require amendment in order to comply with state housing element law (Government Code 65583).

The City Council finds that an amendment which addresses specific requirements forcertain housing land uses and development standards identified in state housing element law (Government Code 65583) will bring the city into compliance.

SECTION II: AMENDMENT OF CODE

Title 16, Chapter 16.20, Section 16.20.020—Table 2-2 of the Stockton Municipal Code is hereby amended to read, as follows:

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

AGRICULTURAL AND RESOURCE-RELATED USES

Agricultural activities & facilities

P P P A 16.80.060

Conservation areas L L L L L L L L L L L L L L

Mining A A A A

BUSINESS AND PROFESSIONAL USES

Banks and financial services

L P P P P L P

Business support services

P P P P L P P

Offices L A P P P L A P L 16.80.240

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ATTACHMENT A

INDUSTRY, MANUFACTURING & PROCESSING USES

Electricity generating plants/facilities other than nuclear

C C P P 16.80.170

Electronics, equipment & appliance manufacturing

P P P 16.80.170

Fabric product manufacturing

P P P P 16.80.170

Food and beverage product manufacturing

P P P P 16.80.170

Furniture and fixtures manufacturing

P P P 16.80.170

Handcraft industries, small-scale manufacturing

P P P P 16.80.170

Laundries and dry cleaning plants

P P P 16.80.170

Manufacturing

Light P P P 16.80.170

Heavy A P 16.80.170

Metal products fabrication, machine/welding shops

P P P 16.80.170

Petroleum storage and distribution

A P 16.80.170

Printing and publishing P L P P P L 16.80.170

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Recycling and waste facilities

Collection facility L L L P P P L 16.80.290

Redemption centers

Major C C C C C C C 16.80.290

Minor A A A A A A A 16.80.290

Recycling facility A P A 16.80.290

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ATTACHMENT A

Scrap and dismantling yards

A P 16.80.170

Transfer stations C P A 16.80.290

Research and development (R&D)

A L P P P L 16.80.170

Storage yards P P P L 16.80.170

Warehouses P P P 16.80.170

Wholesaling and distribution

P P P P 16.80.170

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES

Activity centers A A A A A A A A A L A L C

Adult related establishments

P P P 16.80.030

Auditoriums, meeting halls, and theaters

A A A A L L 16.24.080(B)(2),16.24.090(B),16.24.110(D),16.24.180(D)

Bridge clubs and nongambling board games

P P P P P L

Card rooms C C C L 16.80.040,16.80.270

Clubs, lodges, and private meeting halls

A A A A A L A P A

Commercial amusement facilities

A A A A A A

Educational facilities

Academic schools—Private

A A A A A A A A

Academic schools—Public

P P P P P

Colleges and universities—Private

C C

Equipment repair and maintenance training

P P A P L

Specialized education and training

A A P P P A P P L

Vehicle repair and maintenance training

P A P P P L

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ATTACHMENT A

Truck and heavy equipment education and training

P P P L

Equestrian facilities C A A L C

Golf courses/country clubs

C C C C C A A A P L A

Indoor recreation facilities

A A A A A P L

Libraries and museums C C C L A P P P L L L A

Live entertainment P P P P P 16.80.180

Marinas C C C A A

Outdoor assembly facilities

A A A L

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Outdoor commercial recreation facilities

C C C C C A

Parks and playgrounds P P P P P P

Pool halls/billiard parlors

C C L 16.80.040,16.80.270

Private entertainment facilities

C C C C

Private residential recreation facilities

A A A A 16.80.030,16.80.270

Recreational vehicle parks

A A A L

Religious facilities A A A A L A L L A L L L 16.80.080

Studios L P P P P L

RESIDENTIAL USES

Caretaker and employee housing

L A L L P A L L L L L

Dwelling group P P A L L

Duplexes A P P A L 16.24.040

Mobilehome parks A A A A A 16.80.210

Multifamily dwellings A A C C C A L 16.80.220

Organizational houses A A

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ATTACHMENT A

Residential care facilities

Assisted living facilities

A C A C A L 16.80.300

Care homes, 6 or fewer clients

P P P P P

Family care homes, 7 or more clients

C C C L 16.80.300

Senior care facilities, 7 or more clients

A A A A L 16.80.300

Rooming and boarding houses

A A L

Senior residential projects

A L C C L L 16.80.220

Single-family dwellings P P P P P L

Townhouses A P P C C A L

Triplexes P P A L

RETAIL TRADE

Agricultural chemical sales

A L P 16.36.080

Alcoholic beverage sales

Bars and nightclubs—On-sale

C C C C 16.80.270

Sale of alcohol—Off-sale

C C C C C C 16.80.040

With another use—On-sale

L L L L L L

Artisan shops C P P P P L P

Auto and vehicle sales—New

L A 16.24.120,16.80.070,16.80.330

Auto and vehicle sales—Used

L A L 16.24.120,16.80.070,16.80.330

Auto and vehicle leasing/rental

A L A L 16.80.070

Auto parts sales P P P P A

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Building material stores A A L P A 16.80.330

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ATTACHMENT A

Construction, farm & heavy equipment sales

A A P P P 16.80.330

Convenience stores C C C C 16.80.040,16.80.140,16.80.270

Furniture, furnishings, and appliance stores

C P P P P P P 16.80.330

Mobilehome sales A P 16.80.330

Nurseries and garden supply stores

A A P P P A P 16.80.330

Outdoor retail sales and activities

A A A 16.80.260

Pet shops P P P P

Recreational vehicle & boat sales—New/used

L A L 16.80.330

Restaurants C P P P P L P 16.80.250

Retail stores C P P P P A P 16.80.330

Secondhand stores/pawn shops

A A A

Shopping centers

Neighborhood A A 16.80.330

Community A A 16.80.330

Regional C C 16.80.330

Warehouse retail stores C C C 16.80.330

SERVICES

Adult day care facilities L A P P P A L

Animal services

Kennel and boarding facilities

A A A A

Pet grooming A A P P P P L

Training facilities A A L L L L L

Veterinary clinics and animal hospitals

A A C L L P L L 16.80.370

Auto/vehicle services

Car washes A A A A A P

Fueling stations A L L L A L P 16.80.32016.80.340

Inoperable vehicle storage

L L

Maintenance/minor repair

A P P P A P P P 16.80.320

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ATTACHMENT A

Major repair/body work

A P P P 16.80.340

Parking facilities C C C A A P P P P P P L 16.64.080

Vehicle storage L L L L L P L

Child care facilities

Child care centers C C C C C A A A A A A L 16.80.100

Large family child care homes

A A A A A A A A A 16.80.100

Small family child care homes

P P P P P P P P P

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Equipment rental L P A P P

Funeral facilities and services

Cemeteries C C C C C C C C C C C

Mortuaries C C C A A A

Funeral homes A A A A A

Health/fitness facilities P P P P L

Lodging facilities

Bed and breakfast C C C A A A A A 16.80.090

Extended-stay facilities

A A A

Single room occupancy facilities (SROs)

A A

Hotels and motels A A A A P

Massage establishment 16.80.190

State certified P P P P P

Non-certified C C A A

Medical marijuana dispensaries

16.80.195

Medical services

Ambulance service A P P P L P P L

Clinics and laboratories

L A P P P L P L

Extended care C C C A A A A L

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ATTACHMENT A

Health-related A A A A A 16.80.190

Hospitals C C C C

Medical cannabis dispensaries

C C C C 16.80.195

Medical-related facilities

P P P P P P

Personal services—Restricted

C C A A

Personal services—Unrestricted

P P P P P

Personal storage facilities (mini-storage)

A L L P P P 16.80.200

Repair services P P P P P P

Sanitary services C A P L 16.36.080

Social services facilities

Drug abuse, alcohol recovery/treatment facility

A A A A

Feeding centers C C C A

HomelessEmergencyshelters

C C C C CP P AP 16.80.155

Transitional housing C C C C C A 16.80.350

TRANSPORTATION AND COMMUNICATION USES

Broadcasting studios A P P A P P P L

Communications facilities

Minor E E E P P P P P P P P P P Ch. 16.44

Major A A A A A A P P A Ch. 16.44

Transit stations and terminals

C C C C P C

Vehicle and freight terminals

A L P

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

OTHER USES

Live-work space L P P P P P

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ATTACHMENT A

Major impact facilities C C C

Motion picture production

P P P P

Multi-use facilities A L A A A A A P 16.80.230

Public and semipublic utility facilities

A A A A A A P P P L P P P L

Public institutions C C C C C C C C C C C L L

Signs—Off-premises E E E E E E E 16.76.110

SECTION III: AMENDMENT OF CODE

Title 16, Chapter 16.64, Section 16.64.060 of the Stockton Municipal Code is hereby amended to read, as follows:

16.64.060 Parking assessment districts.

A. Off-Street Parking Exemption. Whenever public off-street parking facilities have been established by means of a special parking assessment district, all uses and structures within the district, as established by the City Council, shall be exempt from the parking requirements of this chapter if the owners/operators of the uses or structures pay the assessment, except as follows:

1. Where the use of a structure that was erected after the levying of the special parking district assessment, or after the establishment of public off-street parking facilities creates the need for an unusual or exceptional amount of off-street parking; or

2. Where an alteration, expansion, or change in use of a structure, after levying of a special parking district assessment, or the establishment of public off-street parking facilities, creates a need for off-street parking spaces in excess of the spaces required for the structure or use before the alteration, expansion, or change in use.

B. Parking Improvement District No. 2001-1. The boundaries of the City of Stockton Parking Improvement District No. 2001-1 shall be the boundaries of the West End Redevelopment Area (generally bounded by Park Street on the north, Mormon Slough on the west, Sonora Street on the south, and the Union Pacific Railroad tracks on the east).

1. Any property located within these boundaries, except residential land uses, religious facilities, schools, and homeless emergency shelters, shall have the option of providing all off-street parking on-site as required by this chapter or annexing to the City of Stockton Parking Improvement District No. 2001-1 if any of the following occur:

a. New construction of a structure on a vacant parcel;

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ATTACHMENT A

b. Remodeling or reconstruction of an existing building or structure to the extent that the cost of remodeling exceeds 50 percent of the assessed value of the property. All remodeling costs within a five (5) year period shall be cumulative to determine if it exceeds 50 percent;

c. Additions to the square footage of an existing structure which exceeds 10 percent of the existing square footage or floor area; or

d. Change in use of the property that increases the number of required parking spaces in compliance with this chapter.

2. If a property is annexed into the City of Stockton Parking Improvement District No. 2001-1, it shall no longer be subject to the Central Parking District assessments.

3. Residential land uses, religious facilities, schools, and homeless emergency shelters that opt to not be part of the district shall meet the parking requirements of this chapter. (Prior code § 16-345.060)

SECTION IV: AMENDMENT OF CODE

Title 16, Chapter 16.80, Section 16.80.155 is hereby added to the Stockton Municipal Code and shall read, as follows:

16.80.155. Emergency shelters

This section provides development standards for the establishment of any emergency shelter projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Nothing in this Section modifies the requirements for approval of a religious facility as otherwise provided in this Code.

A. Separation Between Structures. Developments with multiple structures shall provide a 12-foot separation between those structures.

B. Physical Characteristics.

1. Compliance with applicable state and local uniform housing and building code requirements

2. The facility shall have on-site security during all hours when the shelter is open.

3. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

4. Facilities shall provide secure areas for personal property

C. Maximum Number of Beds per Facility. The maximum number of beds per facility shall be determined and as allowed by Building and Fire Codes.

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ATTACHMENT A

D. Limited Terms of Stay. The maximum term of staying at an emergency shelter is 6 months in a consecutive 12-month period.

E. Parking. The emergency shelter shall provide off-street parking at a ratio of 2 spaces per facility for staff plus 1 space per 10 occupants allowed at the maximum capacity.

F. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services and food services. Such plan shall be submitted to and approved by the Director prior to operation of the emergency shelter. The plan shall, at minimum, identify the property owner’s and operator’s names and contact information, on-site security and anti-loitering measures. The plan shall include a floor plan that demonstrates compliance with physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the Director with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

G. Waiting Area.

H. Proximity. The proximity of an emergency shelter located next to another emergency shelter shall be at minimum 300 feet.

SECTION V: AMENDMENT OF CODE

Title 16, Chapter 16.80, Section 16.80.350 of the Stockton Municipal Code is hereby deleted, as follows:

16.80.350 Transitional housing.

A transitional housing facility shall not be located within 500 feet of another transitional housing facility. (Prior code § 16-365.330)

SECTION VI: AMENDMENT OF CODE

Title 16, Chapter 16.214, is hereby added to the Stockton Municipal Code andshall read, as follows:

Chapter 16.214 REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT

16.214.010 Purpose of Division.

The purposes of this Division are to establish a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in

32

ATTACHMENT A

the application of the city’s land use and zoning standards, regulations, policies, and procedures and to establish criteria for evaluating the requests.

16.214.020 Findings.

The council of the City of Stockton finds as follows:

A. The housing element of the city’s general plan identifies housing that is accessible to people with disabilities as a special housing need.

B. The housing element calls for a reasonable accommodation ordinance that streamlines and formalizes city procedures related to accessibility and adaptability accommodations for development.

C. Both the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) (“the Acts”) impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their rules, policies, practices, or services related to land use regulation when such accommodation may be necessary to afford an individual with a disability an equal opportunity to housing.

D. The city of Stockton has historically provided for reasonable accommodation consistent with the Acts through the use of existing regulatory procedures not specifically designed for people with disabilities.

E. Codification of a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city’s land use and zoning standards, regulations, policies, and procedures 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 Acts’ reasonable accommodation mandates.

16.214.030 Definitions.

“Acts” means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.

“Applicant” means an individual who files an application for reasonable accommodation under this chapter.

“Individual with a disability” means any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person’s major life activities, as those terms are defined in the Acts.

“Reasonable accommodation” means a modification to or waiver of the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, which modification or waiver would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city’s planning and zoning programs.

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ATTACHMENT A

16.214.040 Review authority.

A. The Director shall review an application for reasonable accommodation if the application is not filed with an application for another permit.

B. Other reviewing authority. An application for reasonable accommodation submitted for concurrent review with another permit under this title shall be reviewed by the authority reviewing the other permit.

16.214.050 Request for reasonable accommodation.

To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter to modify a land use or zoning standard, regulation, policy, or procedure under this title as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under section 16.214.060.

16.214.060 Application Filing.

A. Filing. An application for reasonable accommodation shall be submitted on a form prescribed by the Director, or in the form of a letter addressed to the Director, and shall contain the following information:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;

3. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

4. If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application being made;

5. The address and current use of the property for which the reasonable accommodation request is being made;

6. The basis for the claim that the individual to be reasonably accommodated is disabled under the Acts;

7. A description of the reasonable accommodation request and the land use or zoning standard, regulation, policy, or procedure to be modified or waived; and

8. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling.

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ATTACHMENT A

B. Review with other land use applications. If the project for which the application for reasonable accommodation is being made requires approval of another permit under this title, then the applicant shall file the application for reasonable accommodation together with the application for the other permit, for concurrent review and action.

C. Application Information. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed by law.

D. Process Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.

E. Other. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

16.214.070 Review and Processing.

A. Director Review.

1. Written notice of the filing of an application for reasonable accommodation shall be mailed by the planning director to the owners of real property within a radius of 100 feet from the exterior boundaries of the subject property utilizing the owner names and addresses shown on the latest county equalized assessment roll. The notice shall be mailed no later than the next business day following the date the application is accepted as complete and shall describe the scope and nature of the requested reasonable accommodation.

2. Within 30 days of acceptance of the application as complete, the planningdirector shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 16.214.080. The planning director shall mail written notice of the decision and of the right to appeal to the applicant. The written decision shall explain in detail the basis of the decision, including the planning director’s findings on the criteria stated in section 16.214.080. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request additional information from the applicant consistent with the Acts, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

3. The planning director shall mail written notice of the decision and of the right to appeal to the same property owners who received notice of the application under paragraph 1 of this subsection. The notice shall be mailed no later than the next business day following the date the written decision is issued.

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ATTACHMENT A

B. Other Reviewing Authority. If the application for reasonable accommodation is submitted for concurrent review with another permit under this title, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on the other permit under this title. The decision to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with section 16.214.080.

16.214.080 Findings and decision.

A. Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following criteria:

1. Whether the housing or housing-related facilities that are the subject of the request will be used by an individual with a disability under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.

7. Whether alternative reasonable accommodations could provide an equivalent level of benefit.

B. Conditions of approval. 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 will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.

16.214.090 Appeals.

A. Decision of Director.

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ATTACHMENT A

1. Any person who is dissatisfied with a decision made by the Director on an application for reasonable accommodation may appeal the Director’s decision. The appeal shall be heard and decided as provided in chapter 16.100 (Appeals)

2. The decision of the commission on the appeal shall be made in accordance with section 16.214.080 and shall be final.

B. Decision by other reviewing authority. A decision on an application for reasonable accommodation submitted for concurrent review with another permit under this title shall be subject to the same appeal rights as apply to the other permit.

C. Reasonable accommodation in appeal procedures. An applicant may request reasonable accommodation for the appeal procedure.

SECTION VII: AMENDMENT OF CODE

Title 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by changing the definition of Homeless Shelters toread as follows:

HomelessEmergency Shelters. See “Social services facilities.”

SECTION VIII: AMENDMENT OF CODE

Title 16, Chapter 16.240, 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by changing the definition of Homeless Shelters (Land Use), and deleting the definition for Transitional Housing (Land Use) as follows:

† Social Services Facilities (Land Use). Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and physical disabilities or to those persons in need of food and/or shelter.

1. Drug Abuse, Alcohol Recovery/Treatment Facilities (Land Use).Establishments that provide assistance, counseling, and/or medical treatment for those persons dependent upon alcohol or drugs. Does not include one-on-one counseling and weight loss and smoking clinics and facilities (“Offices”); drug treatment facilities (“Medical services—Medical-related facilities”).

2. Feeding Centers (Land Use). Any place where food is served or dispensed and the operation is conducted as a nonprofit, charitable operation, including mission feeding centers, soup kitchens, church organization food outlets, and charitable rehabilitation centers.

32. HomelessEmergency Shelters (Land Use). A public or private building which provides immediate, short-term shelter that may involve supplemental services for more than six (6) homeless individuals or family members without compensation Housing with minimal support services for homeless persons that is limited to occupancy of six months or less by a homeless person. No

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ATTACHMENT A

individual or household may be denied emergency shelter because of an inability to pay.

3. Feeding Centers (Land Use). Any place where food is served or dispensed and the operation is conducted as a nonprofit, charitable operation, including mission feeding centers, soup kitchens, church organization food outlets, and charitable rehabilitation centers.

4. Transitional Housing (Land Use). A public or private building which provides, for an extended period of time, a structured living environment which may include sober or drug free living with social services and/or counseling or other programs to assist the homeless, parolees, recovering alcoholics/drug users, and/or substance abusers in their transition to self-sufficiency. Includes halfway houses. Does not include battered women’s shelters (“Rooming and/or boarding houses”) and interim incarceration facilities (“Public institutions”).

SECTION IX: AMENDMENT OF CODE

Title 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by adding the following definitions for Supportive Housing and Target Population and shall read as follows:

Supportive Housing. Housing with no limit on the length of stay, that is occupied by the target population and that is linked to onsite or offsite 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. Supportive housing units are residential uses permitted in all zones allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from the institutional settings, veterans, and homeless population.

SECTION X: AMENDMENT OF CODE

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ATTACHMENT A

Title 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by changing the definition of Transitional Housing to read as follows:

Transitional Housing. See “Social services facilities.” Rental housing 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 (6) months. Transitional housing units are residential uses permitted in all zones allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

SECTION XII. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application, and to this end the provisions of this act are severable.

SECTION XIII. EFFECTIVE DATE.

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

ANTHONY SILVAMayor of the City of Stockton

ATTEST:

BONNIE PAIGE City Clerk of the City of Stockton

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Resolution No.

STOCKTON PLANNING COMMISSION

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH STATE HOUSING ELEMENT LAW (GOVERNMENT CODE 65583) (P15-403)

The Planning Commission is authorized by Section 16.212.040 of the Stockton Municipal Code (SMC) to review and make a recommendation to the Council to amend the provisions of Title 16 for housing related land uses and development standards; and

Amending the provisions of Title 16 of the SMC for housing related land uses and development standards addresses the requirements of state housing element law (Gov.Code § 65583); and

The code amendment will bring the City into compliance with state housing element law; now, therefore:

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON AS FOLLOWS:

1. The Planning Commission of the City of Stockton, in accordance with Section 16.116.050B, finds and determines:

a. The proposed amendment of the SMC’s provisions for certain housing land use types and development standards is consistent with applicable General land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and will not create any inconsistencies with the Development Code. The proposed amendment will serve to comply with state housing element law and be consistent with the following General Plan goals and policies:

(1) HE-2 Ensure the adequate provision of housing for all economic segments of the community with special attention to encouraging affordable housing.

(2) HE-3.1 Affordable Housing Incentives - The City shall explore incentives, bonuses, and flexibility in standards and requirements in the Development Code that could benefit affordable housing development.

40

b. The proposed amendment will amend Title 16 of the SMC for housing related land uses and development standards, including Section 16.20.020, Table 2-2 “Allowable Land Uses and Permit Requirements;” Section16.64.060, "Parking Assessment Districts;" Section 16.80.155, “Emergency Shelters;” Section 16.80.350, “Transitional Housing,” and Section 16.240.020, “Definitions of Specialized Terms and Phrases,” and adding Chapter 16.214, "Request for Reasonable Accommodation Under the Fair Housing Amendment Act of 1988 and the California Fair Employment and Housing Act." The proposed amendments will revise housing land uses and development standards to comply with state housing element law.

c. The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City, because the amendment will bring the City into compliance with state housing element law.

d. The proposed amendment is exempt from California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects which have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). The amendment will bring the City into compliance with state housing element law. All future requests that require the approval of a Commission Use Permit or Land Development Permit will be subject to compliance with CEQA at that time, and each location will be evaluated based on its own merit.

e. The proposed amendment addresses housing related land uses and development standards in several areas of the Development Code and is internally consistent with other applicable provisions of the Development Code.

////////////////////////////

41

2. The Planning Commission hereby recommends that the City Council adopt an amendment to Title 16, Chapter 16.20, Section 16.20.020; Chapter 16.64, Section 16.64.060; Chapter 16.80, Section 16.80.155; Chapter 16.80, Section 16.80.350; and Chapter 16.240, Section 16.240.020; and adding Chapter 16.214 to the SMC related to housing land uses and development standards as set forth in Exhibit 1, attached hereto and incorporated by this reference.

PASSED, APPROVED and ADOPTED: January 28, 2016 .

AYES:

NAYS:

ABSENT:

D’ADREA DAVIE, CHAIRCITY OF STOCKTON PLANNING COMMISSION

ATTEST:

DAVID KWONG, SECRETARYCITY OF STOCKTON PLANNING COMMISSION

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EXHIBIT 1

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.20, SECTION 16.20.020, CHAPTER 16.64, SECTION 16.64.060, CHAPTER 16.80, SECTION 16.80.155, CHAPTER 16.80, SECTION 16.80.350, AND CHAPTER 16.240, SECTION 16.240.020AND ADDING CHAPTER 16.214 TO THE STOCKTON MUNICIPAL CODE RELATED TO CERTAIN HOUSING LAND USES AND DEVELOPMENT STANDARDS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

SECTION I. FINDINGS AND INTENT

The City Council of the City of Stockton finds that the current Stockton Municipal Code provisions for certain housing land uses and development standards require amendment in order to comply with state housing element law (Government Code 65583).

The City Council finds that an amendment which addresses specific requirements forcertain housing land uses and development standards identified in state housing element law (Government Code 65583) will bring the city into compliance.

SECTION II: AMENDMENT OF CODE

Title 16, Chapter 16.20, Section 16.20.020—Table 2-2 of the Stockton Municipal Code is hereby amended to read, as follows:

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

AGRICULTURAL AND RESOURCE-RELATED USES

Agricultural activities & facilities

P P P A 16.80.060

Conservation areas L L L L L L L L L L L L L L

Mining A A A A

BUSINESS AND PROFESSIONAL USES

Banks and financial services

L P P P P L P

Business support services

P P P P L P P

Offices L A P P P L A P L 16.80.240

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EXHIBIT 1

INDUSTRY, MANUFACTURING & PROCESSING USES

Electricity generating plants/facilities other than nuclear

C C P P 16.80.170

Electronics, equipment & appliance manufacturing

P P P 16.80.170

Fabric product manufacturing

P P P P 16.80.170

Food and beverage product manufacturing

P P P P 16.80.170

Furniture and fixtures manufacturing

P P P 16.80.170

Handcraft industries, small-scale manufacturing

P P P P 16.80.170

Laundries and dry cleaning plants

P P P 16.80.170

Manufacturing

Light P P P 16.80.170

Heavy A P 16.80.170

Metal products fabrication, machine/welding shops

P P P 16.80.170

Petroleum storage and distribution

A P 16.80.170

Printing and publishing P L P P P L 16.80.170

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Recycling and waste facilities

Collection facility L L L P P P L 16.80.290

Redemption centers

Major C C C C C C C 16.80.290

Minor A A A A A A A 16.80.290

Recycling facility A P A 16.80.290

Scrap and dismantling yards

A P 16.80.170

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EXHIBIT 1

Transfer stations C P A 16.80.290

Research and development (R&D)

A L P P P L 16.80.170

Storage yards P P P L 16.80.170

Warehouses P P P 16.80.170

Wholesaling and distribution

P P P P 16.80.170

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES

Activity centers A A A A A A A A A L A L C

Adult related establishments

P P P 16.80.030

Auditoriums, meeting halls, and theaters

A A A A L L 16.24.080(B)(2),16.24.090(B),16.24.110(D),16.24.180(D)

Bridge clubs and nongambling board games

P P P P P L

Card rooms C C C L 16.80.040,16.80.270

Clubs, lodges, and private meeting halls

A A A A A L A P A

Commercial amusement facilities

A A A A A A

Educational facilities

Academic schools—Private

A A A A A A A A

Academic schools—Public

P P P P P

Colleges and universities—Private

C C

Equipment repair and maintenance training

P P A P L

Specialized education and training

A A P P P A P P L

Vehicle repair and maintenance training

P A P P P L

Truck and heavy equipment education and training

P P P L

Equestrian facilities C A A L C

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EXHIBIT 1

Golf courses/country clubs

C C C C C A A A P L A

Indoor recreation facilities

A A A A A P L

Libraries and museums C C C L A P P P L L L A

Live entertainment P P P P P 16.80.180

Marinas C C C A A

Outdoor assembly facilities

A A A L

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Outdoor commercial recreation facilities

C C C C C A

Parks and playgrounds P P P P P P

Pool halls/billiard parlors

C C L 16.80.040,16.80.270

Private entertainment facilities

C C C C

Private residential recreation facilities

A A A A 16.80.030,16.80.270

Recreational vehicle parks

A A A L

Religious facilities A A A A L A L L A L L L 16.80.080

Studios L P P P P L

RESIDENTIAL USES

Caretaker and employee housing

L A L L P A L L L L L

Dwelling group P P A L L

Duplexes A P P A L 16.24.040

Mobilehome parks A A A A A 16.80.210

Multifamily dwellings A A C C C A L 16.80.220

Organizational houses A A

Residential care facilities

Assisted living facilities

A C A C A L 16.80.300

Care homes, 6 or fewer clients

P P P P P

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EXHIBIT 1

Family care homes, 7 or more clients

C C C L 16.80.300

Senior care facilities, 7 or more clients

A A A A L 16.80.300

Rooming and boarding houses

A A L

Senior residential projects

A L C C L L 16.80.220

Single-family dwellings P P P P P L

Townhouses A P P C C A L

Triplexes P P A L

RETAIL TRADE

Agricultural chemical sales

A L P 16.36.080

Alcoholic beverage sales

Bars and nightclubs—On-sale

C C C C 16.80.270

Sale of alcohol—Off-sale

C C C C C C 16.80.040

With another use—On-sale

L L L L L L

Artisan shops C P P P P L P

Auto and vehicle sales—New

L A 16.24.120,16.80.070,16.80.330

Auto and vehicle sales—Used

L A L 16.24.120,16.80.070,16.80.330

Auto and vehicle leasing/rental

A L A L 16.80.070

Auto parts sales P P P P A

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Building material stores A A L P A 16.80.330

Construction, farm & heavy equipment sales

A A P P P 16.80.330

Convenience stores C C C C 16.80.040,16.80.140,16.80.270

Furniture, furnishings, and appliance stores

C P P P P P P 16.80.330

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EXHIBIT 1

Mobilehome sales A P 16.80.330

Nurseries and garden supply stores

A A P P P A P 16.80.330

Outdoor retail sales and activities

A A A 16.80.260

Pet shops P P P P

Recreational vehicle & boat sales—New/used

L A L 16.80.330

Restaurants C P P P P L P 16.80.250

Retail stores C P P P P A P 16.80.330

Secondhand stores/pawn shops

A A A

Shopping centers

Neighborhood A A 16.80.330

Community A A 16.80.330

Regional C C 16.80.330

Warehouse retail stores C C C 16.80.330

SERVICES

Adult day care facilities L A P P P A L

Animal services

Kennel and boarding facilities

A A A A

Pet grooming A A P P P P L

Training facilities A A L L L L L

Veterinary clinics and animal hospitals

A A C L L P L L 16.80.370

Auto/vehicle services

Car washes A A A A A P

Fueling stations A L L L A L P 16.80.320, 16.80.340

Inoperable vehicle storage

L L

Maintenance/minor repair

A P P P A P P P 16.80.320

Major repair/body work

A P P P 16.80.340

Parking facilities C C C A A P P P P P P L 16.64.080

Vehicle storage L L L L L P L

Child care facilities

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EXHIBIT 1

Child care centers C C C C C A A A A A A L 16.80.100

Large family child care homes

A A A A A A A A A 16.80.100

Small family child care homes

P P P P P P P P P

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

Equipment rental L P A P P

Funeral facilities and services

Cemeteries C C C C C C C C C C C

Mortuaries C C C A A A

Funeral homes A A A A A

Health/fitness facilities P P P P L

Lodging facilities

Bed and breakfast C C C A A A A A 16.80.090

Extended-stay facilities

A A A

Single room occupancy facilities (SROs)

A A

Hotels and motels A A A A P

Massage establishment 16.80.190

State certified P P P P P

Non-certified C C A A

Medical marijuana dispensaries

16.80.195

Medical services

Ambulance service A P P P L P P L

Clinics and laboratories

L A P P P L P L

Extended care C C C A A A A L

Health-related A A A A A 16.80.190

Hospitals C C C C

Medical cannabis dispensaries

C C C C 16.80.195

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EXHIBIT 1

Medical-related facilities

P P P P P P

Personal services—Restricted

C C A A

Personal services—Unrestricted

P P P P P

Personal storage facilities (mini-storage)

A L L P P P 16.80.200

Repair services P P P P P P

Sanitary services C A P L 16.36.080

Social services facilities

Drug abuse, alcohol recovery/treatment facility

A A A A

Feeding centers C C C A

Emergency shelters C C C C P P P 16.80.155

TRANSPORTATION AND COMMUNICATION USES

Broadcasting studios A P P A P P P L

Communications facilities

Minor E E E P P P P P P P P P P Ch. 16.44

Major A A A A A A P P A Ch. 16.44

Transit stations and terminals

C C C C P C

Vehicle and freight terminals

A L P

TABLE 2-2ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USESPERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE STANDARDSRE RL RM RH CO CN CG CD CL CA IL IG PT PF OS

OTHER USES

Live-work space L P P P P P

Major impact facilities C C C

Motion picture production

P P P P

Multi-use facilities A L A A A A A P 16.80.230

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EXHIBIT 1

Public and semipublic utility facilities

A A A A A A P P P L P P P L

Public institutions C C C C C C C C C C C L L

Signs—Off-premises E E E E E E E 16.76.110

SECTION III: AMENDMENT OF CODE

Title 16, Chapter 16.64, Section 16.64.060 of the Stockton Municipal Code is hereby amended to read, as follows:16.64.060 Parking assessment districts.

A. Off-Street Parking Exemption. Whenever public off-street parking facilities have been established by means of a special parking assessment district, all uses and structures within the district, as established by the City Council, shall be exempt from the parking requirements of this chapter if the owners/operators of the uses or structures pay the assessment, except as follows:

1. Where the use of a structure that was erected after the levying of the special parking district assessment, or after the establishment of public off-street parking facilities creates the need for an unusual or exceptional amount of off-street parking; or

2. Where an alteration, expansion, or change in use of a structure, after levying of a special parking district assessment, or the establishment of public off-street parking facilities, creates a need for off-street parking spaces in excess of the spaces required for the structure or use before the alteration, expansion, or change in use.

B. Parking Improvement District No. 2001-1. The boundaries of the City of Stockton Parking Improvement District No. 2001-1 shall be the boundaries of the West End Redevelopment Area (generally bounded by Park Street on the north, Mormon Slough on the west, Sonora Street on the south, and the Union Pacific Railroad tracks on the east).

1. Any property located within these boundaries, except residential land uses, religious facilities, schools, and emergency shelters, shall have the option of providing all off-street parking on-site as required by this chapter or annexing to the City of Stockton Parking Improvement District No. 2001-1 if any of the following occur:

a. New construction of a structure on a vacant parcel;

b. Remodeling or reconstruction of an existing building or structure to the extent that the cost of remodeling exceeds 50 percent of the assessed value of the property. All remodeling costs within a five (5) year period shall be cumulative to determine if it exceeds 50 percent;

c. Additions to the square footage of an existing structure which exceeds 10 percent of the existing square footage or floor area; or

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EXHIBIT 1

d. Change in use of the property that increases the number of required parking spaces in compliance with this chapter.

2. If a property is annexed into the City of Stockton Parking Improvement District No. 2001-1, it shall no longer be subject to the Central Parking District assessments.

3. Residential land uses, religious facilities, schools, and emergency shelters that opt to not be part of the district shall meet the parking requirements of this chapter. (Prior code § 16-345.060)

SECTION IV: AMENDMENT OF CODE

Title 16, Chapter 16.80, Section 16.80.155 is hereby added to the Stockton Municipal Code and shall read, as follows:

16.80.155. Emergency shelters

This section provides development standards for the establishment of any emergency shelter projects in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). Nothing in this Section modifies the requirements for approval of a religious facility as otherwise provided in this Code.

A. Separation Between Structures. Developments with multiple structures shall provide a 12-foot separation between those structures.

B. Physical Characteristics.

1. Compliance with applicable state and local uniform housing and building code requirements

2. The facility shall have on-site security during all hours when the shelter is open.

3. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

4. Facilities shall provide secure areas for personal property

C. Maximum Number of Beds per Facility. The maximum number of beds per facility shall be determined and as allowed by Building and Fire Codes.

D. Limited Terms of Stay. The maximum term of staying at an emergency shelter is 6 months in a consecutive 12-month period.

E. Parking. The emergency shelter shall provide off-street parking at a ratio of 2 spaces per facility for staff plus 1 space per 10 occupants allowed at the maximum capacity.

F. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues,

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EXHIBIT 1

transportation, client supervision, client services and food services. Such plan shall be submitted to and approved by the Director prior to operation of the emergency shelter. The plan shall, at minimum, identify the property owner’s and operator’s names and contact information, on-site security and anti-loitering measures. The plan shall include a floor plan that demonstrates compliance with physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the Director with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

G. Waiting Area.

H. Proximity. The proximity of an emergency shelter located next to another emergency shelter shall be at minimum 300 feet.

SECTION V: AMENDMENT OF CODE

Title 16, Chapter 16.80, Section 16.80.350 of the Stockton Municipal Code is hereby deleted, as follows:

16.80.350 Transitional housing.

A transitional housing facility shall not be located within 500 feet of another transitional housing facility. (Prior code § 16-365.330)

SECTION VI: AMENDMENT OF CODE

Title 16, Chapter 16.214, is hereby added to the Stockton Municipal Code andshall read, as follows:

Chapter 16.214 REQUESTS FOR REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT

16.214.010 Purpose of Division.

The purposes of this Division are to establish a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city’s land use and zoning standards, regulations, policies, and procedures and to establish criteria for evaluating the requests.

16.214.020 Findings.

The council of the city of Stockton finds as follows:

A. The housing element of the city’s general plan identifies housing that is accessible to people with disabilities as a special housing need.

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B. The housing element calls for a reasonable accommodation ordinance that streamlines and formalizes city procedures related to accessibility and adaptability accommodations for development.

C. Both the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) (“the Acts”) impose an affirmative duty on local governments to make reasonable accommodation (modifications or exceptions) in their rules, policies, practices, or services related to land use regulation when such accommodation may be necessary to afford an individual with a disability an equal opportunity to housing.

D. The city of Stockton has historically provided for reasonable accommodation consistent with the Acts through the use of existing regulatory procedures not specifically designed for people with disabilities.

E. Codification of a formal procedure for individuals with disabilities seeking equal access to housing to request reasonable accommodation in the application of the city’s land use and zoning standards, regulations, policies, and procedures 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 Acts’ reasonable accommodation mandates.

16.214.030 Definitions.

“Acts” means the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act.

“Applicant” means an individual who files an application for reasonable accommodation under this chapter.

“Individual with a disability” means any person who has a medical condition, physical disability, or mental disability that substantially limits one or more of the person’s major life activities, as those terms are defined in the Acts.

“Reasonable accommodation” means a modification to or waiver of the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, which modification or waiver would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city’s planning and zoning programs.

16.214.040 Review authority.

A. The Director shall review an application for reasonable accommodation if the application is not filed with an application for another permit.

B. Other reviewing authority. An application for reasonable accommodation submitted for concurrent review with another permit under this title shall be reviewed by the authority reviewing the other permit.

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16.214.050 Request for reasonable accommodation.

To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this chapter to modify a land use or zoning standard, regulation, policy, or procedure under this title as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under section 16.214.060.

16.214.060 Application Filing.

A. Filing. An application for reasonable accommodation shall be submitted on a form prescribed by the Director, or in the form of a letter addressed to the Director, and shall contain the following information:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of the individual with a disability for whom the reasonable accommodation is being requested;

3. The name, address, and telephone number of the owner of the property for which the reasonable accommodation request is being made;

4. If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application being made;

5. The address and current use of the property for which the reasonable accommodation request is being made;

6. The basis for the claim that the individual to be reasonably accommodated is disabled under the Acts;

7. A description of the reasonable accommodation request and the land use or zoning standard, regulation, policy, or procedure to be modified or waived; and

8. A statement of the reason why the requested accommodation is necessary for the individual with a disability to use and enjoy the dwelling.

B. Review with other land use applications. If the project for which the application for reasonable accommodation is being made requires approval of another permit under this title, then the applicant shall file the application for reasonable accommodation together with the application for the other permit, for concurrent review and action.

C. Application Information. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection, to the extent allowed by law.

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D. Process Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure that the process is accessible.

E. Other. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

16.214.070 Review and Processing.

A. Director Review.

1. Written notice of the filing of an application for reasonable accommodation shall be mailed by the planning director to the owners of real property within a radius of 100 feet from the exterior boundaries of the subject property utilizing the owner names and addresses shown on the latest county equalized assessment roll. The notice shall be mailed no later than the next business day following the date the application is accepted as complete and shall describe the scope and nature of the requested reasonable accommodation.

2. Within 30 days of acceptance of the application as complete, the planning director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 16.214.080. The planning director shall mail written notice of the decision and of the right to appeal to the applicant. The written decision shall explain in detail the basis of the decision, including the planning director’s findings on the criteria stated in section 16.214.080. If necessary to reach a determination on the request for reasonable accommodation, the planning director may request additional information from the applicant consistent with the Acts, specifying in detail the information that is required. If a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.

3. The planning director shall mail written notice of the decision and of the right to appeal to the same property owners who received notice of the application under paragraph 1 of this subsection. The notice shall be mailed no later than the next business day following the date the written decision is issued.

B. Other Reviewing Authority. If the application for reasonable accommodation is submitted for concurrent review with another permit under this title, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on the other permit under this title. The decision to grant, grant with modifications, or deny the request for reasonable accommodation shall be made in accordance with section 16.214.080.

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16.214.080 Findings and decision.

A. Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following criteria:

1. Whether the housing or housing-related facilities that are the subject of the request will be used by an individual with a disability under the Acts.

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5. Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

6. Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.

7. Whether alternative reasonable accommodations could provide an equivalent level of benefit.

B. Conditions of approval. 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 will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.

16.214.090 Appeals.

A. Decision of Director.

1. Any person who is dissatisfied with a decision made by the Director on an application for reasonable accommodation may appeal the Director’s decision. The appeal shall be heard and decided as provided in chapter 16.100 (Appeals)

2. The decision of the commission on the appeal shall be made in accordance with section 16.214.080 and shall be final.

B. Decision by other reviewing authority. A decision on an application for reasonable accommodation submitted for concurrent review with another permit under this title shall be subject to the same appeal rights as apply to the other permit.

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C. Reasonable accommodation in appeal procedures. An applicant may request reasonable accommodation for the appeal procedure.

SECTION VII: AMENDMENT OF CODE

Title 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by changing the definition of Homeless Shelters toread as follows:

Emergency Shelters. See “Social services facilities.”

SECTION VIII: AMENDMENT OF CODETitle 16, Chapter 16.240, 16.240.020 “Definitions of Specialized Terms and

Phrases” is hereby amended by changing the definition of Homeless Shelters (Land Use), and deleting the definition for Transitional Housing (Land Use) as follows:

† Social Services Facilities (Land Use). Establishments providing assistance and aid to those persons requiring counseling and/or treatment for psychological problems, addictions, learning disabilities, and physical disabilities or to those persons in need of food and/or shelter.

1. Drug Abuse, Alcohol Recovery/Treatment Facilities (Land Use).Establishments that provide assistance, counseling, and/or medical treatment for those persons dependent upon alcohol or drugs. Does not include one-on-one counseling and weight loss and smoking clinics and facilities (“Offices”); drug treatment facilities (“Medical services—Medical-related facilities”).

2. Emergency Shelters (Land Use). Housing with minimal support services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

3. Feeding Centers (Land Use). Any place where food is served or dispensed and the operation is conducted as a nonprofit, charitable operation, including mission feeding centers, soup kitchens, church organization food outlets, and charitable rehabilitation centers.

4. Transitional Housing (Land Use). A public or private building which provides, for an extended period of time, a structured living environment which may include sober or drug free living with social services and/or counseling or other programs to assist the homeless, parolees, recovering alcoholics/drug users, and/or substance abusers in their transition to self-sufficiency. Includes halfway houses. Does not include battered women’s shelters (“Rooming and/or boarding houses”) and interim incarceration facilities (“Public institutions”).

SECTION IX: AMENDMENT OF CODE

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Title 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms and Phrases” is hereby amended by adding the following definitions for Supportive Housing and Target Population and shall read as follows:

Supportive Housing. Housing with no limit on the length of stay, that is occupied by the target population and that is linked to onsite or offsite 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. Supportive housing units are residential uses permitted in all zones allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from the institutional settings, veterans, and homeless population.

SECTION X: AMENDMENT OF CODETitle 16, Chapter 16.240, Section 16.240.020 “Definitions of Specialized Terms

and Phrases” is hereby amended by changing the definition of Transitional Housing to read as follows:

Transitional Housing. Rental housing 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 (6) months. Transitional housing units are residential uses permitted in all zones allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

SECTION XI. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application, and to this end the provisions of this act are severable.

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EXHIBIT 1

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SECTION XII. EFFECTIVE DATE.

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

ANTHONY SILVAMayor of the City of Stockton

ATTEST:

BONNIE PAIGE City Clerk of the City of Stockton

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