3 Waive the Second Reading and Adopt Ordinance No 627, of the City Council of the City of Livingston, Amending Title 5, Chapters 3, 6 and 7 of the Livingston Municipal Code Relating to Housing.

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Meeting Date: April 05, 2016

STAFF REPORT

AGENDA ITEM: Waive the Second Reading and Adopt Ordinance No. 627, of the City Council of the City of Livingston, Amending Title 5, Chapters 3, 6 and 7 of the Livingston Municipal Code Relating to Housing.

MEETING DATE: April 5, 2016

PREPARED BY: Randy Hatch, Contract City Planner

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

Waive the second reading and adopt Ordinance No. 627 of the City Council of the City of Livingston, amending Title 5, Chapters 3, 6, and 7 of the Livingston Municipal Code relating to housing.

BACKGROUND AND DISCUSSION:

These proposed municipal code text amendments would: Revise the City’s current language on Transitional Housing to the language required by the State; add definitions for Supportive Housing and Target Population; and add a new Code Section on Reasonable Accommodation.

By completing these changes to the City’s Code, the City will qualify for Streamlined Review for its new Housing Element Update currently being prepared.

There are several advantages to qualifying for Streamlined Review. First, the required review of the City’s new Element by State HCD will be completed faster and easier; second, with Streamlined Review, the City’s Housing Element would be valid for 8 years as opposed to only 4 years without qualifying for Streamlined Review; and finally, the City would not be as open to potential legal challenge to our Housing Element.

As with all amendments to City ordinances, certain characteristics must be checked and verified. The proposed new Code language and features must be consistent with the City’s General Plan. A Zoning Text Amendment is a project under the State’s environmental provisions and must be assessed with regard to the California Environmental Quality Act (CEQA).

Reasonable Accommodation

The federal Fair Housing Act and the California Fair Employment and Housing Act (fair housing laws) prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, familial status and disability.

Fair housing laws impose an affirmative duty on local governments to make reasonable accommodations, defined as modifications or exceptions in their zoning laws and other land use regulations and practices, when such accommodations "may be necessary to afford" disabled persons "an equal opportunity to use and enjoy a dwelling."

Further, California Government Code section 65583(c)(3) requires that jurisdictions analyze and attempt to mitigate or remove potential and actual governmental constraints related to housing development and maintenance for persons with disabilities. The attached Reasonable Accommodation ordinance is drafted and proposed in furtherance of these laws and is a pre­ requisite of streamlined housing element review.

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Transitional and Supportive Housing

In2008, the State legislature passed Senate Bill 2 (SB2). As part of the bill, it provided that transitional and supporting housing be considered a residential use. As a residential use, the proposed transitional and/or supportive housing would subject only to those restrictions that apply to other residential uses of the same type in the same zone.

The definitions of transitional housing and supportive housing have been revised within the City Municipal Code to specify that these housing types are considered to be residential use of the same type of the zone in which each is located. The attached revisions to the definitions of transitional and supportive housing and the revision to the zoning matrix are made in furtherance of SB2 and are prerequisites of streamlined review.

At its regular meeting on March 1, 2016, by a vote of 5-0, the Council held a public hearing and introduced Ord. No. 627.

GENERAL PLAN CONSISTENCY:

These proposed Zoning Ordinance Amendments are consistent with 1999 General Plan Objective "A" "Designate and allow for the development of a wide range of housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents."

ENVIRONMENTAL ANALYSIS:

This Ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21083 .3 because these changes were considered in the environmental analysis of the 2009-2014 Housing Element. The revisions are also exempt from CEQA under CEQA Guidelines section 15305, addressing minor alterations to land use limitations, and 15061 (b)(3) because it can be seen with certainty that the activity will not have a significant effect on the environment.

ATTACHMENTS:

1. Ordinance No. 627

Exhibit A, Land Use/Zoning Matrix: Table 2, Residential Uses

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ORDINANCE NO. 627

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE TITLE 5, CHAPTERS 3, 6 AND 7 RELATING TO HOUSING

WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Manager has prepared text amendments to the language of various Sections of Title 5, Chapters 3, 6, and 7 of the LMC to comply with the provisions of State Housing Element law; and

WHEREAS, the Planning Commission, has reviewed the proposed text amendments at a duly noticed public hearing on February 9, 2016, and has fully considered all comments whether orally or in writing regarding the proposed text amendments and has adopted its resolution 2016-01, recommending that the City Council amend the LMC, as provided for in this Ordinance.

WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with State Government Code, Section 65860 and the Planning Commission has determined and the City Council concurs that the proposed text amendments are consistent with the 1999 Livingston General Plan Objective A, "Designate and allow for the development of a wide range of housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and

WHEREAS, the proposed text amendments are exempt from California Environmental Quality Act (CEQA) requirements pursuant to Public Resources Code section 21083.3 because these changes were considered in the environmental analysis of the 2009-2014 Housing Element. The revisions are also exempt from CEQA under CEQA Guidelines section 15305, addressing minor alterations to land use limitations, and 15061 (b)(3) because it can be seen with certainty that the activity will not have a significant effect on the environment.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA

does ordain as follows:

SECTION 1. Table 2 "RESIDENTIAL USES" of subsection C of Section 5-3-15: "LAND USE REGULATIONS (ZONING MATRIX)" of Title 5 of the Livingston Municipal Code is revised to read as set forth in Exhibit A to this Ordinance.

SECTION 2. Chapter 6 "ADMINISTRATION" of the Livingston Municipal Code is amended to include Section 5-6-12 "REASONABLE ACCOMODATION" to read as follows:

5-6-12: REASONABLE ACCOMMODATION

5-6-12-1: PURPOSE: The purpose of this Section is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

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5-6-12-2 : APPLICABILITY:

(A) A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this Section, a "person with a disability" is "(i) any person who has a physical or mental impairment that substantially limits one or more major life activities; (ii) anyone who is regarded as having such impairment; or, (iii) anyone who has a record of such impairment. This Section is intended to apply to those persons who are defined as disabled under the Acts.

(B) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

(C) A reasonable accommodation may be granted in compliance with this Section without the need for the approval of a variance.

(D) "Reasonable accommodation" as used in this section means providing a person with a disability or a developer of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

(E) Notice of the availability of reasonable accommodation shall be prominently displayed at the public information counter in the planning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building departments.

5-6-12-3 : PROCEDURE:

(A) A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community Development Department, and shall contain the following information:

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. A brief description of the disability or impairment that requires reasonable accommodation;

5. The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and

6. Why the reasonable accommodation is necessary to eliminate barriers to housing opportunities.

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5-6-12-6: APPEALS:

(A) Any person dissatisfied with any action of the Director of the Community Development Department pertaining to this Section may appeal to the Planning Commission within 10 days after written notice of the Director’s decision is sent to the applicant. The appeal is taken by filing a written notice of appeal with the Director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.

(B) Any person dissatisfied with any action of the Planning Commission pertaining to this Section may appeal to the City Council within 10 days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of the Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.

(C) The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

(D) If an appeal is not filed within the time or in the manner prescribed in this Section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(E) After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing.

(F) The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

(G) At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.

SECTION 3. Section 5-7.2 DEFINITIONS OF WORDS AND PHRASES of Title 5 of the Municipal Code is amended to include the terms, "Supportive Housing" and "Target Population" and to revise the term "Transitional Housing" all as set forth below.

SUPPORTIVE HOUSING: Shall mean housing with no limit on 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 allowed in any zone 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, HN or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental 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 institutional settings, veterans, and homeless people.

TRANSITIONAL HOUSING: Shall mean 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 from the beginning of the assistance. Transitional housing units are residential uses allowed in any zone 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 4. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced: March 1, 2016

Passed and Adopted: April 5, 2016

RODRIGO ESPINOZA, Mayor

of the City of Livingston

ATTEST:

State of California ) County of Merced ) City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 1st day of March, 2016, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 5th day of April, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ANTONIO SILVA, City Clerk of the City of Livingston

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