Loading...
HomeMy WebLinkAbout2014-01-27 Ordinance 5230Ordinance No. 5230 Ordinance of the Council of the City of Palo Alto Amending Sections 18.04.030 (Definitions), 18.16.060 (Development Standards for CN, CC, and CS Districts), and 18.20.030 (Land Uses for MOR, ROLM, RP and GM Districts) of Title 18 (Zoning), and adding Chapter 18.46 (Requests for Reasonable Accommodation for Accessibility) to Title 18 (Zoning) of the Palo Alto Municipal Code to Implement the adopted 2007-2014 Housing Element The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares as follows: A. On June 17, 2013, the City Council adopted the 2007-2014 Housing Element to provide a framework for housing opportunities in the City of Palo Alto. This ordinance implements some of the policies and programs contained in the Housing Element by updating the City's Below Market Rate Housing Program to apply to projects with three or more units, allow for increased density (from 15 units per acre to 20 units per acre) on sites designated as Housing Inventory Sites (HIS) by the Housing Element within the CN zone district, provide opportunities for emergency shelters for the homeless with appropriate performance standards within the ROLM(E) zone district east of Highway 101, provide opportunities for placement of transitional and supportive housing as required by State law, and to provide a process for requests for reasonable accommodation to remove constraints to the development of housing for individuals with disabilities and provide reasonable access to housing. B. The 2007-2014 Housing Element includes programs (Programs H2.2.S, H3.1.1, H3.5.1 and H4.1.6) which require that these changes to the zonillg code be adopted. Staff anticipates that the changes to the density in the CN district and the change in the Below Market Rate Housing Program to include any project with three or more units will be an important tool to help the City accommodate its Regional Housing Needs Allocation (RHNA) numbers. The changes to allow emergency shelters in certain locations subject to performance standards and to allow opportunities for transitional and supportive housing will bring the zoning code into compliance with the provisions of Government Code Section 65583 and 65589.5. The reasonable accommodations program will remove constraints to providing necessary improvements to housing for persons with disabilities. C. The federal Fair Housing Amendments Act of 1988 and the California Fair Employment Act require local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to provide individuals with disabilities an equal opportunity to housing. The Attorney General of the State of California has recommended that cities implement fair ORD Amend Title 18 (Zoning) to Implement Housing Element 130107 jb 0131163 1 Revised: January 7, 2014 housing reasonable accommodation procedures for making land use and zoning determinations to further the development of housing for individuals with disabilities. A fair housing reasonable accommodation procedure for individuals with disabilities to seek relief in the application of zoning regulations will further Palo Alto's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities. SECTION 2. Section 18.040.030(a)(50) (Definition of Emergency Shelters) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added to read as follows: (50) "Emergency shelter" means a facility or use, which provides temporary housing (six months or less) for homeless individuals or families and may involve supplemental services. Supplemental services may include, but are not limited to, meal preparation, an activities center, day care for homeless person's children, vocational rehabilitation and other similar activities. SECTION 3. Section 18.040(a)(135.5) (Definition of Supportive Housing) is added to read as follows: (135.5) "Supportive Housing" means housing with no limit on length of stay, that is occupied by target populations, as defined by Section 53260( d) of the California Health and Safety Code, and that is linked to on-or off-site services that assist the supportive housing residents 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 shall be considered as a multiple-family use and only subject to those restrictions that apply to other multiple-family uses of the same type in the same zone. Supportive housing programs may use residential care homes wholly or as a part of their overall facilities. SECTION 4. Section 18.040(a)(138) (Definition of Transitional Housing) is added to read as follows: (138) "Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Support services may include meals, counseling, and other services, as well as common areas for residents of the facility. Transitional housing shall be considered a multiple-family use and only subject to those restrictions that apply to other multiple-family uses of the same type in the same zone. Transitional housing programs may use residential care homes wholly or as part of their overall facilities. ORDAmend Title 18 (Zoning) to Implement Housing Element 130107 jb Oi31163 2 Revised: January 7,2014 Performance and Design Standards for Emergency Shelters for the Homeless An emergency shelter for the homeless shall conform to all site development standards and performance criteria of the ROLM(E) zone district except as modified by the following performance and design standards: (1) The construction of and/or renovation of a building for use as an emergency shelter shall conform to all applicable building and fire code standards. (2) There shall be provided one parking space for each three (3) beds in the emergency shelter. (3) Shelters shall have designated smoking areas that are not visible from the street and which are in compliance with all other laws and regulations. . (4) There shall be no space for outdoor congregating in front of the building adjacent to the street and no outdoor public telephones. (5) There shall be a refuse area screened from view. (6) Maximum Number of Persons/Beds. The emergency shelter for the homeless shall contain no more than 40 beds. (7) Size and location of exterior and interior on-site waiting and client intake areas. Shelters shall provide 10 square feet of interior waiting and client intake space per bed. In additionl there shall be two office areas provided for shelter staff. Waiting and intake areas may be used for other purposes as needed during operations of the shelter. (8) On-site management. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation. (9) The emergency shelter provider shall submit an operations plan that addresses the standards for operation contained in the Palo Alto Quality Assurance Standards for Emergency Shelters for the Homeless. (10) Distance to other facilities. The shelter must be more than 300 feet from any other shelters for the homeless. (11) Length of stay. Temporary shelter shall be available to residents for no more than 60 days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available. (12) Outdoor lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas I with minimal shadows or light leaving the property. The ORD Amend Title 18 (Zoning) to Implement Housing Element 130107 jb 0131163 10 Revised: January 7, 2014 lighting shall be stationarYI and directed away from adjacent properties and public rights-of- way. SECTION 8. Chapter 18.46 (Requests for Reasonable Accommodation for Accessibility) of Title 18 (Zoning) ofthe Palo Alto Municipal Code is hereby added to read as follows: Chapter 18.46 REQUESTS FOR REASONABLE ACCOMMODATION FOR ACCESSIBILITY Sections: 18.46.010 18.46.020 18.46.030 18.46.040 18.46.050 18.46.060 18.46.070 18.46.080 18.46.010 Purpose Applicability Application Requirements Review Procedure Required Criteria for Reasonable Accommodations Decisions Appeal Effect of Chapter Purpose The purpose' of this chapter is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment Act (the Acts) in the application of zoning laws and other land use regulationsl policies and proceduresl and to establish relevant criteria to be used when considering such requests. 18.46.020 Applicability In order to make specific housing available to an individual with a disability I any person may request a modification or exception to the rulesl standards and practices for the sitingl development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Typical improvements which may be considered for reasonable accommodation provisions include ramps I wallsl handrailsl elevators or liftsl or other similar physical improvements necessary to accommodate a person's disability. The reasonable accommodation would allow exceptions to setbackl lot coverage and floor area provisions of the zoning code that are deemed necessary to accommodate these improvements. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities I anyone who is regarded as having such impairment I or anyone who has a record of such impairment. This Chapter applies only to those persons who are defined as disabled under the Acts. ORD Amend Title 18 (Zoning) to Implement Housing Element 130107 jb 0131163 11 Revised: January 7,2014 18.46.030 Application Requirements (a) Requests for reasonable accommodation shall be initiated by submitting a completed application form to the Director of Planning and Community Environment, signed by the property owner, together with the appropriate fee, as established by resolution adopted by the city council, and shall be filed in the office of the planning division of the Department of Planning and Community Environment. The following information shall be included with the application: (1) The applicant's name, address and telephone number; (2) Address of the property for which the request is being made; (3) The current use of the property; (4) The basis for the claim that the individual is considered disabled under the Acts, including supporting medical documentation from a qualified medical expert in support of the request for accommodation; (5) The zoning code provision or other city regulation or policy from which the reasonable accommodation is being requested; and (6) An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual. (b) Any information 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. (c) A request for reasonable accommodation in regulations, policies, practices and procedures 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. (d) If an individual needs assistance in making the request for reasonable accommodation, the Planning and Community Environment Department will provide assistance to ensure that the process is accessible. (e) Review with other planning applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this Title (including but not limited to architectural review, conditional use permit, or variance), the application shall be submitted and reviewed at the same time as the related applications. 18.46.040 Review Procedure Notwithstanding any other provisions of this chapter, the Director of Planning and Community Environment shall have the authority to consider and take action on requests for reasonable accommodation. The application shall be reviewed ministerially without ORO Amend Title 18 (Zoning) to Implement Housing Element 130107 jb 0131163 12 Revised: January 7,2014 writing and shall be submitted to the Planning and Community Environment Department within ten (10) calendar days of the Director of Planning and Community Environment's decision. (b) If an individual needs assistance in filing an appeal on an adverse decision, the Department will provide assistance to ensure that the appeals procedure is accessible. (c) All appeals shall contain a statement of the grounds for the appeal. Any information 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. (d) The appeal shall be heard by the Planning and Transportation Commission in a public hearing pursuant to the procedures established for discretionary actions in Chapter 18.77. (e) Notice of the hearing shall be given by publication but need not be sent to nearby property owners. 18.46.080 Effect of Chapter This chapter shall be interpreted and applied in accordance with the Acts; nothing in this chapter shall be deemed to create greater rights than exist under the Acts. SECTION 9. CEQA. The proposed Ordinance updating the zoning ordinance to implement the 2007-2014 Housing Element were considered as a part of the implementation program contained in the Housing Element. The potential environmental impacts of implementation of the Housing Element were reviewed as a part of the Negative Declaration prepared for the Housing Element. This document determined that no adverse environmental impacts would result from implementation ofthe policies and programs outlined in the 2007-2014 Housing Element, and the Negative Declaration and Housing Element were approved by the City Council on June Resolution by Resolution No. 9349. The proposed changes to the zoning ordinance would modify existing programs and add procedures which provide below market rate housing opportunities, suitable sites for emergency shelters to comply with Government Code Section 65583, and establish procedures to make accommodations for persons with disabilities. Further, each individual project will be subject to its own environmental review. . SECTION 10. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. ORD Amend Title 18 (Zoning) to Implement Housing Element 130107 jb 0131163 14 Revised: January 7,2014