Lathrop City Zoning Code
CHAPTER 17
30 SPECIALIZED HOUSING REGULATIONS
§ 17.30.100 Purpose.
The purpose of this article is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
(Ord. 26-479, 3/9/2026)
§ 17.30.110 Definitions.
"Low-barrier navigation center"
means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1.
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2.
Pets.
3.
The storage of possessions.
4.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(Ord. 26-479, 3/9/2026)
§ 17.30.120 Applicability and review.
The provisions of this article shall apply to all low-barrier navigation center projects. The entitlement shall be a ministerial action without discretionary review or a hearing. The city will notify a developer whether the developer's application is complete within 30 days, pursuant to Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
(Ord. 26-479, 3/9/2026)
§ 17.30.130 Location.
A low-barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multi-family uses.
(Ord. 26-479, 3/9/2026)
§ 17.30.140 Development standards.
All low-barrier navigation center development shall meet the following requirements:
A.
Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B.
Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of C.F.R. Title 24, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C.
Code Compliant. It complies with California Welfare and Institutions Code, Division 8, Chapter 6.5, § 8255 et seq.
D.
Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by C.F.R. Title 24 § 578.3.
(Ord. 26-479, 3/9/2026)
§ 17.30.200 Purpose.
The purpose of this article is to establish provisions for the review of supportive and transitional housing. The established provisions of this title shall allow for all proposed supportive and transitional housing to be a use by right in residential zones and where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.
(Ord. 26-479, 3/9/2026)
§ 17.30.210 Definitions.
"Supportive housing"
shall mean a housing development project as defined in California Government Code Section 65582(g), as may be amended or renumbered from time to time, as being housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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 is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
"Target population"
means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the California Government Code.
"Transitional housing"
shall mean a housing development project as defined in California Government Code Section 65582(j), as may be amended or renumbered from time to time, as being building(s) configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(Ord. 26-479, 3/9/2026)
§ 17.30.220 Location.
Transitional and supportive housing development is a use by right in areas zoned for residential and mixed use subject to the same standards as a residence of the same type in that same zone.
(Ord. 26-479, 3/9/2026)
§ 17.30.230 Development standards.
Development standards shall be the same for supportive and transitional housing as they are for any residential housing development located within the zoning district. Additional standards specific for supportive and transitional housing developments are as follows:
A.
Units within the development are subject to a recorded affordability restriction for 55 years.
B.
100% of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income residents. For purposes of this subsection, "lower income households" has the same meaning as defined in Section 50079.5 of the California Health and Safety Code.
C.
At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
D.
The developer provides the planning agency with the information required by Section 65652 of the California Government Code.
E.
Nonresidential floor area shall be used for on-site supportive services in the following amounts:
1.
For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.
2.
For a development with more than 20 units, at least 3% of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
F.
The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the California Government Code.
G.
Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
H.
Parking.
1.
Parking stall requirement shall be one-half per unit and one for each on-site management/staff.
2.
No parking shall be required within one-half mile of a public transit stop.
(Ord. 26-479, 3/9/2026)
§ 17.30.240 Application review.
A.
The Community Development Department shall notify the project applicant whether the application is complete within 30 days of receipt of a completed application.
B.
After the application is deemed complete, the Community Development Department shall complete its review of the application within 60 days for projects consisting of 50 or fewer units and 120 days for projects consisting of 51 units or more.
(Ord. 26-479, 3/9/2026)
§ 17.30.300 Purpose.
The purpose of this article is to establish provisions for the review of large residential care facilities. The established provisions of this title shall allow for all proposed large residential care facilities to be subject to a Conditional Use Permit (CUP) in zones where residential structure(s) and use(s) are allowed or existing at the time this code was established. "Residential care facility" or "residential care facilities" shall be defined consistent with the California Health and Safety Code Section 1502 which may be amended from time to time.
(Ord. 26-479, 3/9/2026)
§ 17.30.310 Permit required.
A.
A residential care facility consisting of seven or more person shall be required to obtain a Conditional Use Permit (CUP).
B.
Any required building permit shall be obtained from the Building Department prior to establishing the use and operation within the City of Lathrop.
C.
Any required license or permit by the California Department of Social Services (CDSS) or the California Department of Health Care Services (DHCS) that is required shall be obtained prior to establishing use and operation within the City of Lathrop.
(Ord. 26-479, 3/9/2026)
§ 17.30.320 Development standards.
All large residential care facilities shall meet the standard development standards for the zone in which it is located. No additional or special development standards shall be imposed on any large residential care facility.
(Ord. 26-479, 3/9/2026)
§ 17.30.400 Purpose.
The Employee Housing Act allows for flexibility in housing types for employee housing, including conventional and nonconventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle, and travel trailers. The laws and regulations governing these structures depend on the housing type; however, all qualified employee housing must comply with the Employee Housing Act (California Health and Safety Code Section 17000 et seq.) and the Employee Housing Regulations (California Code of Regulations Title 25, Division 1, Chapter 1, Subchapter 3 — Employee Housing), which outline specific requirements for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section. Under Health and Safety Code Section 17021.6, the permitted occupancy in employee housing in a zone allowing agricultural uses (RCO and UR Zones) shall include agricultural employees who may or may not work on the property where the employee housing is located.
(Ord. 26-479, 3/9/2026)
§ 17.30.410 Definitions.
"Farm worker and employee housing"
means employee housing defined in California Health and Safety Code Section 17008, even if the housing accommodations or property are not located in a rural area, as defined by California Health and Safety Code Section 50101.
(Ord. 26-479, 3/9/2026)
§ 17.30.420 Review authority and procedure.
A.
Farm worker and employee housing for seven or more employees shall be considered an agricultural use and shall not require any discretionary approval not required of other agricultural activity in the same zone, provided that:
1.
The farm worker and employee housing should not consist of more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.
2.
All temporary or permanent structures that contain farm worker and employee housing shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located.
3.
Parking shall be provided in accordance with Chapter 17.76 of the Lathrop Municipal Code, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Community Development Director.
4.
Farm worker and employee housing shall comply, as applicable, with the following: (1) Employee Housing Act (California Health and Safety Code Sections 17000 through 17062); (2) Mobilehome Parks Act (California Health and Safety Code Sections 18200 through 18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860 through 18874), as may be amended from time to time.
5.
Farm worker and employee housing shall be reviewed and approved subject to the same requirements as other agricultural uses within the same zone.
6.
Farm worker and employee housing—seven or more employees shall be removed or converted to another permitted use at such time as the agricultural activity to which it relates ceases operation for more than 12 consecutive months.
B.
Farm worker and employee housing providing accommodations for six or fewer employees, pursuant to California Health and Safety Code Section 17021.5, shall be deemed a single-family dwelling and is allowed in residential zones. Farm worker and employee housing for six or fewer employees is subject to all City of Lathrop municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.
(Ord. 26-479, 3/9/2026)
§ 17.30.500 Purpose.
The purpose of this article is to provide for the implementation of various portions of the California Government Code by providing a streamlined review and approval process for qualifying housing projects.
§ 17.30.505 Special proceedings.
Notwithstanding the requirements of Lathrop Municipal Code (LMC) Chapters 17.81, 17.100, 17.101, 17.104, and 17.112 to the extent that any development project qualifies for one or more of the streamlined review and approval processes provided by this chapter, where that same project concurrently applies for a density bonus or other developer incentives as provided by LMC Chapter 17.81, the designated approving authority for the density bonus, concession, or other developer incentive shall be the same as the approval authority for the streamlined review and approval process.
(Ord. 26-479, 3/9/2026) |
Infill Affordable Housing Projects |
§ 17.30.510 Purpose and qualifying housing developments.
The purpose of this part is to implement the provisions of Section 65913.4 of the California Government Code. This part shall only apply to qualifying housing developments. As used in this Article 5, the term "qualifying housing developments" shall mean those housing developments which meet the qualifications listed in Section 65913.4(a) of the California Government Code.
(Ord. 26-479, 3/9/2026)
§ 17.30.515 Exemptions from discretionary review.
Qualifying housing developments shall be subject to streamlined ministerial review hereunder and shall be exempt from all City discretionary review, including, but not limited to, Site Plan Review and discretionary design review; provided, that the project conforms with all applicable ministerial provisions of State law, this municipal code (inclusive of this article), and the General Plan. Qualifying housing developments shall only be required to obtain the approvals required by this Article 5 from the Community Development Director prior to issuance of the required building permit, grading permit, improvement plans, or other City-required construction authorization. This limitation does not apply to any required tentative and final subdivision map, tentative and final parcel map, lot line adjustment(s), or other changes in lot configuration governed by LMC Title 16 (Subdivisions), except that any required tentative map proposed concurrently with the qualifying housing development shall be processed concurrently with that project.
(Ord. 26-479, 3/9/2026)
§ 17.30.520 Objective development standards.
A.
Qualifying housing developments shall comply with all ministerial land use regulations, Citywide regulations, and development standards in effect at the time that the application is submitted as those standards are applicable to a residential multi-unit or mixed-use project within the zoning district in which the project is proposed, including, but not limited to, residential density, setbacks, height, open yard, and screening requirements as described in this title.
B.
No streamlined housing project shall include a request for an exception to these standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than modifications for which the development is eligible and granted as part of a density bonus, concession, or incentive pursuant to State Density Bonuses and Other Incentives Law (Section 65915 et seq., of the California Government Code) and LMC Chapter 17.81.
C.
Any lot developed with a qualifying streamlined development project hereunder shall comply with all adopted objective guidelines, design review standards, and development standards, including, but not limited to, the objective design standards for streamlined housing projects.
(Ord. 26-479, 3/9/2026)
§ 17.30.525 Procedures.
All proposed qualifying housing developments shall be reviewed and processed in compliance with California Government Code Section 65913.4.
(Ord. 26-479, 3/9/2026) |
Affordable Housing Developments in Commercial Zones |
§ 17.30.530 Purpose and qualifying housing developments.
A.
The purpose of this part is to implement the provisions of Sections 65912.100 through 65912.114 of the California Government Code.
B.
The provisions of this part shall only apply to a qualifying housing development. As used in this Article 5, the term "qualifying housing development" means a multifamily residential (multiple residential unit) development that meets the requirements set forth in this Article 5 and Sections 65912.111 through 65912.114 of the California Government Code. Qualifying housing developments shall meet or exceed the minimum density requirements outlined herein and meet all of the following:
1.
100% of the units within the development project, excluding manager's units, shall be dedicated to lower income households at an affordable cost, as defined in Section 50052.5 of the California Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
2.
The units shall be subject to a record deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
3.
The project complies with all of the labor standards provided in Section 65912.130 and, as applicable, Section 65912.131 of the California Government Code, as may be amended from time to time.
(Ord. 26-479, 3/9/2026)
§ 17.30.535 Applicable entitlements.
A.
Qualifying housing developments shall be allowed by right. No conditional use permit or other local discretionary review shall be required.
B.
A qualifying housing development shall be subject to ministerial review of a Site Plan Review, Chapter 17.100 by the Community Development Director, subject to the objective design and development regulations applicable by this article.
C.
A development proposed pursuant to this article shall be eligible for a density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to LMC Chapter 17.81 and Section 65915 of the California Government Code, as may be amended from time to time.
(Ord. 26-479, 3/9/2026)
§ 17.30.540 Site requirements.
A qualifying housing development shall only be subject to the streamlined review process provided by this article if the subject site complies with all of the following criteria:
A.
The site is located in any zoning district where office, retail, or parking are a principally permitted use.
B.
The site is a legal lot.
C.
At least 75% of the perimeter of the site adjoins lots that are developed with urban uses. As used in this section, the term "urban uses" shall mean current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination thereof. Parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined.
D.
The site is not, nor is it adjoined to any site, where more than 1/3 of the square footage of the site is dedicated to industrial use (as defined in Section 65912.111(d)(3) of the California Government Code). Parcels that are only separated by a street shall be considered to be adjoined.
E.
The site satisfies the requirements specified in Section 65913.4(a)(6) of the California Government Code, exclusive of Section 65913.4(a)(6)(A)(iv) of the California Government Code.
F.
The site is not an existing lot of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
G.
For a site within a neighborhood plan area (as defined in Section 65912.101(p) of the California Government Code), the neighborhood plan applicable to the site permitted multi-family housing (multiple residential unit development) on the site.
H.
For a vacant site, the site satisfies both of the following:
1.
It does not contain tribal cultural resources, as defined by Section 21074 of the California Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the California Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the California Public Resources Code.
2.
It is not within a very high fire hazard severity zone, as indicated on maps adopted by the California Department of Forestry and Fire Protection pursuant to Section 4202 of the California Public Resources Code or as designated pursuant to Sections 51179(a) and (b) of the California Government Code.
I.
The development is not located on a site where the development would require the demolition of a historic structure that is placed on a national, State, or local historic register.
(Ord. 26-479, 3/9/2026)
§ 17.30.545 Objective development requirements.
A qualifying housing development shall comply with all of the following objective development requirements as determined by the Community Development Director through ministerial review of a Site Plan Review:
A.
The development is a multi-family (multiple residential unit) development.
B.
The residential density for the development will meet or exceed 30 units per acre.
C.
For any housing on the site located within 500 feet, zero inches of a freeway, as defined in Section 332 of the California Vehicle Code, all of the following shall apply:
1.
The building shall have a centralized heating, ventilation, and air-conditioning system.
2.
The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.
3.
The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16.
4.
The air filtration media shall be replaced at the manufacturer's designated interval.
5.
The building shall not have any balconies facing the freeway.
D.
None of the housing/residential use on the site is located within 3,200 feet, zero inches of a facility that actively extracts or refines oil or natural gas.
E.
Objective Development Standards Applicable.
1.
The development shall meet applicable objective zoning standards, objective subdivision standards, and objective design review standards, including, but not limited to, setbacks, height, landscaping, parking, building articulation and fenestration, and other applicable objective development standards as provided by this code and any applicable design guidelines.
2.
If the underlying zoning district(s) of the site allow for multi-family/multiple residential units, those standards of the zoning district shall apply.
3.
If the underlying zoning district(s) of the site does not allow for multi-family/multiple residential units, the zoning designation of the closest lot that allows residential use at a density that meets or exceeds the requirements of subsection B of this section shall apply.
4.
The applicable objective standards shall be those in effect at the time that the development application is submitted to the City pursuant to this article.
F.
For any project that is the conversion of the use of an existing nonresidential use building to residential use, the City will not require the provision of common open space beyond what is already existing on the project site.
(Ord. 26-479, 3/9/2026)
§ 17.30.550 Procedures.
A.
If the City determines that a proposed development project submitted pursuant to this article is consistent with requirements of LMC Sections 17.30.540.A through I and 17.30.545.A through F, it shall approve the project.
B.
If the City determines a proposed development project submitted pursuant to this article is in conflict with any of the requirements of LMC Sections 17.30.540.A through I and 17.30.545.A through F, it shall provide the applicant with written documentation of which standard(s) the project conflicts with, along with an explanation for the reason(s) the project conflicts with the standard(s), within the following timeframes, or as otherwise provided under Section 65589.5 of the California Government Code:
1.
Within 60 days of the initial submittal of the project to the City for projects containing 150 or fewer units.
2.
Within 90 days of the initial submittal of the project to the City for projects containing more than 150 units.
3.
Within 30 days of submittal of any development project that was resubmitted to address written feedback provided by the City pursuant to subsection B.1 or B.2 of this section.
C.
In any subsequent review of the application determined to be in conflict with any of the requirements of LMC Sections 17.30.540.A through I and 17.30.545.A through F, the City will not request the applicant to provide any new information that was not stated in the initial list of items that were determined to be in conflict.
D.
Once the City determines that a project submitted pursuant to this article is consistent with the objective planning standards specified in this article, the Site Plan Review required for the project pursuant to LMC Section 17.30.535, along with any density bonus, incentives, or concessions, waivers, or reductions of development standards, and parking ratios pursuant to LMC Chapter 17.81 and Section 65915 of the California Government Code, shall be completed within the following timeframes:
1.
Within 60 days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain 150 or fewer units.
2.
Within 90 days of the date that the project is determined consistent with the objective planning standards specified in this article for development projects that contain more than 150 units.
E.
The City will, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the California Health and Safety Code. If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the California Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
1.
If a release of a hazardous substance is found to exist on the site, before the City issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.
2.
If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the City issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current State and Federal requirements.
(Ord. 26-479, 3/9/2026)
§ 17.30.600 Procedure.
Emergency shelters shall be permitted only in accordance with the regulations established in this article and for the applicable district (Chapter 17.36 or 17.40).
(Ord. 26-479, 3/9/2026)
§ 17.30.610 Emergency shelter standards.
A.
Limitation on Location. An emergency shelter subject to this chapter may be established within the RM zoning district.
B.
Permit Requirement. Construction of a new structure or exterior modification of an existing structure for an emergency shelter in the RM zoning district shall be subject to a ministerial review process. The Community Development Director will review the design, site plan, and management plan to ensure compliance with the standards established for the zoning district and with the development standards established in this section.
C.
Zoning Requirements and Standards. Except as otherwise set forth in this section, all emergency shelters shall comply with the land use regulations for the RM zoning district in which the emergency shelter will be located.
D.
Development Standards. An emergency shelter shall comply with the following standards:
1.
Occupancy. The maximum number of beds or persons permitted to be served nightly by an emergency shelter, or any combination of emergency shelters in the city, shall not exceed eight persons or the unsheltered need identified in the adopted Housing Element, whichever is greater.
2.
Length of Stay. Occupancy for an individual in an emergency shelter is limited to no more than six months. The operator of the emergency shelter shall maintain adequate documentation to demonstrate compliance with this provision.
3.
Management Plan. Prior to the Community Development Director's decision, the operator of the emergency shelter must submit to the Community Development Department, Planning Division, a written management plan. At a minimum, the management plan shall include and address the following:
a.
Procedures for staff training to meet the needs of the shelter residents, and have processes to address the following topics: client intake, confidentiality, health and safety training, mental health, and substance abuse treatment and referrals;
b.
Operational rules and standards of conduct for residents, including policies prohibiting the use or possession of controlled substances by residents, rules concerning the use or possession of alcohol, curfew, prohibition of loitering, and any other provisions necessary to ensure compatibility with surrounding uses;
c.
Policies and procedures for eviction from the facility for violation of rules and standards of conduct;
d.
A detailed safety and security plan to protect shelter residents and surrounding uses;
e.
A process for resident screening and identification;
f.
Provisions for on-site or partnerships with off-site organizations to provide job training, counseling, and treatment programs for the residents;
g.
Services to assist residents with obtaining permanent shelter and income;
h.
If applicable, timing and placement of outdoor activities;
i.
Location within the facility for temporary storage of residents' personal belongings;
j.
Provisions for continuous on-site supervision during hours of operation. Specifically, there shall be a minimum of one staff person per eight clients during daytime hours, seven a.m. to nine p.m., and a minimum of two staff people at the facility during nighttime hours, nine p.m. to seven a.m.;
k.
If applicable, procedures for ensuring safety and security of women and children within the facility;
l.
The exterior of the building must be kept in a good state of repair and the exterior finish and landscaping must be kept clean and well maintained. Each site shall be kept in a neat and orderly manner, free of weeds, loose trash, debris and other litter, including, but not limited to, shopping carts;
m.
Organized outdoor activities on the site may only be conducted between the hours of eight a.m. and 10 p.m.;
n.
Employees, partners, directors, officers, managers, and similar persons shall be screened prior to occupancy to confirm that they have no history of a previously failed emergency shelter (or similar facility) due to the fault of the operator, and have not been convicted of any of the following offenses within the prior five years:
i.
A crime requiring registration under California Penal Code Section 290,
ii.
A violation of California Penal Code Sections 311.2 or 311.4 through 311.7,
iii.
A violation of California Penal Code Sections 313.1 through 313.5,
iv.
A violation of California Penal Code Section 647(a), (b), or (d),
v.
A violation of California Penal Code Section 315, 316, or 318,
vi.
A felony crime involving the use of force or violence on another, or
vii.
The maintenance of a nuisance in connection with the same or similar business operation.
The management of the emergency shelter shall effectuate a background investigation on all employees to the satisfaction of the Chief of Police.
4.
Common Facilities and Services. An emergency shelter may include the following facilities and services as ancillary to the emergency shelter use:
a.
Commercial kitchen facilities;
b.
Dining area;
c.
Laundry room;
d.
Recreation or meeting room;
e.
Outdoor recreational spaces; provided, that the space is located within a building interior courtyard or is enclosed by a building, solid fence, or wall or some combination thereof to secure the space and ensure that it is not accessible to the general public;
f.
Animal boarding and related veterinary services for current residents of the facility only; and
g.
Child care facilities for current residents of the facility only.
5.
Client Intake Areas. An enclosed intake area shall be provided within the emergency shelter building. The intake area shall be a minimum of 120 square feet in size, located entirely within the building. The intake hours shall be posted clearly on the doors to the emergency shelter. Clients shall be allowed to wait in an interior or exterior waiting area that shall not exceed 200 square feet. Clients shall not loiter nor form a queue outside of the exterior waiting area.
6.
Parking. Each emergency shelter shall have a minimum of two off-street parking spaces plus the greater of either: (a) one additional off-street parking space for each 10 beds, or fraction thereof; or (b) one additional parking space per employee.
7.
Lighting. Exterior lighting shall be located along all pedestrian pathways, parking lots, entrances and exits, common outdoor areas, and at the front of the building. All lighting shall be maintained in good operating condition and shall be fully-shielded.
8.
On-Site Security. Security measures shall be reviewed and approved by the Chief of Police prior to commencement of operations on the site and shall be sufficient to protect clients and neighbors. On-site security shall be provided during the hours when the emergency shelter is in operation and at all times when clients are present on site. In the event that five or more calls for police services have been received over a 30-day period by the Police Department, the facility shall be required to provide additional on-site security staff to the satisfaction of the Chief of Police and the Community Development Director.
9.
City, County and State Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county, and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical, and other supportive services provided on site.
(Ord. 26-479, 3/9/2026)
§ 17.30.700 Purpose.
A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law, building regulation, or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. The process for addressing reasonable accommodation requests established by this article applies to requests from persons defined as disabled under the Federal Fair Housing Act[1] and the California Fair Employment and Housing Act[2] (the Acts).
A request for reasonable accommodation may include a modification or exception to the permit requirements, standards, and practices for the siting, development, improvement, 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. Requests for reasonable accommodation shall be made in the manner prescribed by this article.
(Ord. 26-479, 3/9/2026)
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[2]
Editor's Note: See Gov't. Code § 12940 et seq.
§ 17.30.710 Request requirements.
A.
Requests for reasonable accommodation shall include 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 actual use of the property.
4.
The basis for the claim that the individual is considered disabled under the Acts.
5.
The municipal code provision, land use code provision, or other regulation or policy from which reasonable accommodation is being requested.
6.
A description of why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B.
Additional Information. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with the Acts, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
(Ord. 26-479, 3/9/2026)
§ 17.30.720 Review authority.
A.
Community Development Director. Requests for reasonable accommodation shall be reviewed by the Community Development Director (Director), or designee if no approval is sought other than the request for reasonable accommodation.
B.
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.
(Ord. 26-479, 3/9/2026)
§ 17.30.730 Review procedure.
A.
Director Review. The director, or designee, shall make a written determination within 30 calendar days and either grant, grant with modifications, or deny a request for reasonable accommodation.
B.
Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.
(Ord. 26-479, 3/9/2026)
§ 17.30.740 Findings, decision, and conditions.
A.
Findings and Decision. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:
1.
Whether the housing, which is the subject of the request, will be used by an individual with a disability protected 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.
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 would comply with the above findings.
