ORDINANCE NO. 2025-152
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES APPROVING THE NEW 6TH CYCLE HOUSING ELEMENT UPDATE BY AMENDING TITLE 12- (ZONING REGULATIONS) WITH ASSOCIATED ZONING MAP AND ZONING REGULATION TEXT CHANGES, AS FOLLOWS: PROVISIONS IN CHAPTER
12.08-DEFINITIONS, CHAPTER 12.20-SITE PLAN PERMITS, CHAPTER 12.48- DENSITY BONUS, CHAPTER 12.56-SUMMARY OF ZONING DISTRICTS AND PERMITTED USES, CHAPTER 12.68-R-1 MEDIUM DENSITY RESIDENTIAL DISTRICT, CHAPTER 12.112-GENERAL APPLICATIONS, AND CHAPTER 12.120- PARKING, AND THE ADDITION OF NEW CHAPTER 12.54-REASONABLE ACCOMMODATIONS, CHAPTER 12.110-AHO AFFORDABLE HOUSING OVERLAY, CHAPTER 12.154-LOCAL EDUCATION AGENCY LANDS, CHAPTER 12.156- EMPLOYEE HOUSING, CHAPTER 12.158-LICENSED RESIDENTIAL CARE FACILITIES, AND CHAPTER 12.160-TRANSITIONAL AND SUPPORTIVE HOUSING,
AND AMENDING THE ZONING MAP TO COMPLY WITH THE GENERAL PLAN WHEREAS, local governments are required by Government Code Section 65350 et. seq. to prepare, adopt, and amend general plans; and
WHEREAS, state law requires every general plan to include seven mandatory elements, and the housing element is one of the mandatory elements; and WHEREAS, in accordance with state law, a draft Housing Element for the 2023-2031 planning period was prepared by the City of Gonzales; and WHEREAS, on February 29, 2024, the City submitted a Public Review Draft of the 2023- 2031 Housing Element to the California Department of Housing and Community Development (HCD) for review; and
WHEREAS, on May 29, 2024, HCD issued a letter regarding its review of the draft 2023- 2031 Housing Element; and
WHEREAS, the City revised its draft 2023-2031 Housing Element in response to each of HCD’s comments; and
WHEREAS, on December 24, 2024, the City received a letter from HCD stating that the 2023-2031 Housing Element meets most statutory requirements and after implementation of program HE-1.1.4 to rezone six parcels (APNs 020-011-001, 223-081-015, 223-081-013, 223-081- 012, 223-081-016, 223-081-014) and amend the City’s Industrial Land Use designation in the Geneal Plan to allow for residential, the City will be found in compliance with state direction, and WHEREAS, Code Amendments required to implement the 6th Cycle Housing Element in keeping with current State of California regulations include the following: Chapter 12.08 Definitions, Chapter 12.20 Site Plan Permits, Chapter 12.48 Density Bonus, Chapter 12.56 Summary of Zoning Districts and Permitted Uses, Chapter 12.68 R-1 Medium Density Residential District, Chapter 12.112 General Applications, and Chapter 12.120 Parking of the Gonzales City Code; and
WHEREAS, additional proposed Code Amendments add Chapter 12.54 Reasonable Accommodations, Chapter 12.110 AHO Affordable Housing Overlay, Chapter 12.154 Local Education Agency Lands, Chapter 12.156 Employee Housing, Chapter 12.158 Licensed Residential Care Facilities, and Chapter 12.160 Transitional and Supportive Housing of the Gonzales City Code; and
WHEREAS, Zoning Map Amendments (rezoning actions) are necessary to implement the rezoning required by Program HE-1.1.4 (Affordable Housing Overlay Rezone) of the City’s 2023-2031 Housing Element Update.; and
WHEREAS, on July 14, 2025, the Planning Commission of the City of Gonzales held a duly noticed public hearing at which all persons wishing to testify in connection with the proposed actions were heard; and
WHEREAS, on July 14, 2025, the Planning Commission of the City of Gonzales adopted a resolution recommending that the City Council approve the subject Zoning Map Amendments and Code Amendments to implement the 6th Cycle Housing Element; and WHEREAS, the staff report and supporting materials accompanying this Resolution are found to be true and correct; and
WHEREAS, the City will submit the 2023-2031 Housing Element to HCD for final review for compliance; and,
WHEREAS, all legal prerequisites prior to adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Gonzales as follows:
SECTION 1. Recitals. All of the above recitals are found to be true and correct and by this reference are incorporated herein as findings.
SECTION 2. Code Amendments. Chapter 12.08 Definitions, Chapter 12.20 Site Plan Permits, Chapter 12.48 Density Bonus, Chapter 12.56 Summary of Zoning Districts and Permitted Uses, Chapter 12.68 R-1 Medium Density Residential District, Chapter 12.112 General Applications, and Chapter 12.120 Parking of the Gonzales City Code are hereby repealed and replaced with those provisions provided in “Attachment 1" attached hereto and incorporated herein by this reference. Chapter 12.54 Reasonable Accommodations, Chapter 12.110 AHO Affordable Housing Overlay, Chapter 12.154 Local Education Agency Lands, Chapter 12.156 Employee Housing, Chapter 12.158 Licensed Residential Care Facilities, and Chapter 12.160 Transitional and Supportive Housing of the Gonzales City Code are hereby added as provided in “Attachment 1" attached hereto and incorporated herein by this reference.
SECTION 3. Zoning Map Amendments. The City of Gonzales Zoning Map is hereby amended to implement the rezoning required by Program HE-1.1.4 (Affordable Housing Overlay Rezone) of the City’s 2023-2031 Housing Element Update. The required rezoning to the six sites is provided in “Attachment 2" attached hereto and incorporated herein by this reference.
SECTION 4. CEQA. Pursuant to Resolution 2025-51, the City Council has determined that adoption of the Zoning Map Amendments and Code Amendments are exempt from analysis under the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) on the grounds that it can be seen with certainty that the proposed actions will not have a significant, adverse effect on the environment.
SECTION 5. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.
This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 4th of August 2025 and adopted at a regular meeting of the City Council on the 18th day of August 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
________________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________________
Mary Villegas, Deputy City Clerk
ATTACHMENT 1
The following red underlined text will be added and/or amended in Chapter 12.08, Definitions.
12.08.020: TERMS DEFINED
ACCESSORY DWELLING UNIT (ADU)
An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following:
a. An efficiency unit.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
EFFICIENCY UNIT
A unit that has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
EMERGENCY SHELTERS:
Interim housing interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay.
EMPLOYEE HOUSING, LARGE:
Any housing in compliance with California Health and Safety Code Section 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household is treated as agricultural use as described in California Health and Safety Code 17021.6.
EMPLOYEE HOUSING, SMALL:
Any housing in compliance with California Health and Safety Code Section 17008, including temporary mobile homes and any attached or detached dwelling unit used to house farm or agricultural workers and their family members. Employee housing for six or fewer persons is treated as a single-family structure and residential use as described in California Health and Safety Code Sections 17021.5.
FAMILY:
One or more persons living together in a dwelling unit, with common access to and common use of all living, kitchen and eating areas within the dwelling unit.
IMPACT FEE
A fee that has the same meaning as the term “fee,” as defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact Fee” does not include any connection fee or capacity charge by a local agency, special district, or water corporation.
JUNIOR ACCESSORY DWELLING UNIT (JADU)
A unit that is no more than five hundred (500) square feet in size and contained entirely within a singlefamily residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
LIVABLE SPACE
A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
LIVING AREA
The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
LOCAL AGENCY
A City, County, or City and County, whether general law or chartered.
LOW-BARRIER NAVIGATION CENTERS:
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.
NONCONFORMING ZONING CONDITION
A physical improvement on a property that does not conform with current zoning standards.
OBJECTIVE STANDARDS
Are standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
PASSAGEWAY
A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
PERMITTING AGENCY
Any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
PRIMARY DWELLING UNIT
The single-family dwelling or each multifamily dwelling but does not include an ADU or JADU. An attached garage is considered part of the primary dwelling unit.
PROPOSED DWELLING
A dwelling that is the subject of a permit application and that meets the requirements for permitting.
PUBLIC TRANSIT
A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
RESIDENTIAL CARE FACILITY, LICENSED:
Any family home, group care facility, or similar facility, licensed by the state, that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual. A Large Licensed Residential Care Facility serves seven (7) or more clients, while a Small Licensed Residential Care Facility serves six (6) or fewer clients.
RESIDENTIAL CARE FACILITY, UNLICENSED:
Any family home, group home, group care facility, or similar facility, not required to be licensed by the state and operated as a single housekeeping unit, maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily life or for the protection of the individual.
SUPPORTIVE HOUSING:
Housing with no limit on length ofstay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community, as defined in Health & Safety Code § 50675.14. The provisions for supportive housing shall apply to “permanent supportive housing” as defined in Government Code Section 65650.
TANDEM PARKING
Two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
TARGET POPULATION:
Persons with lower incomes, as defined in Health & Safety Code § 50093, 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 Developmental Disabilities Services Act (California Welfare and Institutions Code Sections 4500, et seq.) 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:
Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, as defined in Health & Safety Code § 50675.2.
The following red underlined text will be added and/or amended in Chapter 12.48, Density Bonus. Note that added text may cause renumbering of subsequent existing code sections.
CHAPTER 12.48 DENSITY BONUS
SECTION:
12.48.010: Purpose
12.48.020: Applicability
12.48.030: Qualifications
12.48.040: Density Bonus, Incentives and Concessions
12.48.050: Application
12.48.060: Review and Consideration
12.48.070: Continued Affordability
12.48.080: Density Bonus Calculations
12.48.010 PURPOSE:
The purpose of this chapter is to implement the State Density Bonus Law, California Government Code Section 65915 et seq.
12.48.020 APPLICABILITY:
This chapter shall be applicable in all zoning districts that allow residential uses.
12.48.030 QUALIFICATIONS:
All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as may be amended.
12.48.040 DENSITY BONUS, INCENTIVES AND CONCESSIONS:
A. The City of Gonzales shall grant qualifying housing developments and qualifying land transfers a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq. A specific density bonus calculation chart for each qualifying housing development type is provided in section 12.48.080 of this title.
B. Supplemental Density Bonus Programs. Projects qualifying for a density bonus under California Government Code Section 65915 may receive the following additional density bonuses calculated in addition to the density bonus allowances as provided in State Density Bonus Law if they also meet the criteria for one or more of the following Supplemental Density Bonus Programs:
Program Criteria for
Eligibility
Incentive 1:
Density
Increase (5%)
Incentive 2:
Density
Increase (10%)
Incentive 3:
Density
Increase (15%)
Urban Agriculture
Density Bonus
Program
Provides at least
500 sq. ft. of
accessible edible
garden space
made available for
all residents
Projects with a
total of 500 sq. ft.
of edible garden
space made
available for all
residents
Projects with a
total of 1,000 sq.
ft. of edible
garden space
made available for
all residents
Projects with
1,500 sq. ft. of
edible garden
space made
available for all
residents
Large Family
Density Bonus
Program
Rental
developments of
≥5 units with
either 35% largefamily units (3
bedrooms) of the
total units, or
20%+ of the total
units as 4+
bedroom units
Project with 35%
of units as largefamily units (3-
bedroom units)
Project with 20%
of units as 4+
bedroom units
Project with 25%
of units as 4+
bedroom units
Universal Design
Density Bonus
Program
At least 20% of
units incorporate
all of the following
features: stepless
entry on an
accessible path of
travel, a complete
livable entry floor,
including 32-inch
clear-width
doorways and
hallways, and the
provision of all
environmental
controls at
accessible heights
Projects with 20%
of units meeting
Universal Design
Regulations
Projects with 30%
of units meeting
Universal Design
Regulations
Projects with 40%
of units meeting
Universal Design
Regulations
12.48.050 APPLICATION:
An application for a density bonus or other incentive under this article for a housing development shall be submitted in writing to the Community Development Department to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article and applicable State law.
12.48.060 REVIEW AND CONSIDERATION:
The application shall be considered by the Planning Commission or City Council concurrently with the project for which the request is being made is considered. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this article shall be considered by the Community Development Director. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.
12.48.070 CONTINUED AFFORDABILITY:
Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density bonus or other incentives being approved for a project, the City and the applicant shall agree to an appropriate method of assuring the continued availability of the density bonus units.
12.48.080 DENSITY BONUS CALCULATIONS:
The table below provides the density bonus calculations pursuant to State Density Bonus Law:
Base
Project
Set
Aside 1
Very
Low
Income
Low
Income
Moderate
Income 2
Land
Donation
Senior
Housing
3 Foster
Youth,
Disabled
Vets,
Homeless
4 Student
Housing
5 5% 20% — — — 20% — —
6% 22.5% — — — 20% — —
7% 25% — — — 20% — —
8% 27.5% — — — 20% — —
9% 30% — — — 20% — —
10% 32.5% 20% 5% 15% 20% 20% —
11% 35% 21.5% 6% 16% 20% 20% —
12% 38.75% 23% 7% 17% 20% 20% —
13% 42.5% 24.5% 8% 18% 20% 20% —
14% 46.25% 26% 9% 19% 20% 20% —
15% 50% 27.5% 10% 20% 20% 20% —
16% 50% 29% 11% 21% 20% 20% —
17% 50% 30.5% 12% 22% 20% 20% —
Base
Project
Set
Aside 1
Very
Low
Income
Low
Income
Moderate
Income 2
Land
Donation
Senior
Housing
3 Foster
Youth,
Disabled
Vets,
Homeless
4 Student
Housing
5 18% 50% 32% 13% 23% 20% 20% —
19% 50% 33.5% 14% 24% 20% 20% —
20% 50% 35% 15% 25% 20% 20% 35%
21% 50% 38.75% 16% 26% 20% 20% 35%
22% 50% 42.5% 17% 27% 20% 20% 35%
23% 50% 46.25% 18% 28% 20% 20% 35%
24% 50% 50% 19% 29% 20% 20% 35%
25% 50% 50% 20% 30% 20% 20% 35%
26% 50% 50% 21% 31% 20% 20% 35%
27% 50% 50% 22% 32% 20% 20% 35%
28% 50% 50% 23% 33% 20% 20% 35%
29% 50% 50% 24% 34% 20% 20% 35%
30% 50% 50% 25% 35% 20% 20% 35%
31% 50% 50% 26% 35% 20% 20% 35%
32% 50% 50% 27% 35% 20% 20% 35%
33% 50% 50% 28% 35% 20% 20% 35%
34% 50% 50% 29% 35% 20% 20% 35%
35% 50% 50% 30% 35% 20% 20% 35%
36% 50% 50% 31% 35% 20% 20% 35%
37% 50% 50% 32% 35% 20% 20% 35%
38% 50% 50% 33% 35% 20% 20% 35%
39% 50% 50% 34% 35% 20% 20% 35%
40% 50% 50% 35% 35% 20% 20% 35%
41% 50% 50% 38.75% 35% 20% 20% 35%
42% 50% 50% 42.5% 35% 20% 20% 35%
43% 50% 50% 46.25% 35% 20% 20% 35%
Base
Project
Set
Aside 1
Very
Low
Income
Low
Income
Moderate
Income 2
Land
Donation
Senior
Housing
3 Foster
Youth,
Disabled
Vets,
Homeless
4 Student
Housing
5 44% 50% 50% 50% 35% 20% 20% 35%
100% 6 80% 80% 80% 35% 20% 20% 35%
Footnote:
1 Affordable unit percentage is calculated excluding the units added by density bonus. 2 Only applies to for-sale units, not to rental units.
3 No affordable units are required. The bonus is limited to twenty percent (20%) of the number of senior units only if no units are affordable.
4 The bonus is equal to twenty five percent (25%) of the number of units designated for very low income foster youth, disabled veterans, and the homeless.
5 The bonus is equal to forty percent (40%) of the number of student housing units designated for low-income students.
6 Applies when one hundred percent (100%) of the total units (other than manager’s units) are restricted to very low, low, and moderate income (maximum twenty percent (20%) moderate). If the project is within one-half mile of a major transit stop, there is no maximum density.
The following red underlined text will be new Chapter 12.54, Reasonable Accommodations, of the City of Gonzales Municipal Code.
CHAPTER 12.54
REASONABLE ACCOMMODATIONS
SECTION:
12.54.010: Purpose
12.54.020: Applicability
12.54.030: Procedure
12.54.040: Review Authority
12.54.050: Written Decision
12.54.060: Required Findings
12.54.070: Appeals
12.54.010 PURPOSE:
This chapter provides a 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 and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.
12.54.020 APPLICABILITY:
A. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This chapter 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 is granted to the household that needs the accommodation and does not apply to successors in interest to the site.
D. A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
12.54.030 PROCEDURE:
A. Application. 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 Community Development Director and shall contain the following information:
1. The applicant's name, address, and telephone number;
2. Name and 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 zoning code provision, regulation or policy from which reasonable accommodation is being requested; and
6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
B. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodation shall be displayed at public information counters in the Community Development Department, 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 Community Development Department.
C. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by subsection (A)(1) of this section together for concurrent review with the application for discretionary approval.
D. Confidentiality. 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.
E. Available 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.
12.54.040 REVIEW AUTHORITY:
A. Community Development Director. A request for reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for reasonable accommodation.
B. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.
12.54.050 WRITTEN DECISION:
The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority’s findings on the criteria set forth in section 12.54.060 of this title. All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
A. The written decision of the reviewing authority shall be final unless an applicant appeals to the Planning Commission.
B. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) daytime period allotted by section 12.54.040 of this title, the request shall be deemed granted.
C. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
12.54.060 REQUIRED FINDINGS:
The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:
A. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws; B. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
C. Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and
D. Whether the requested accommodation would require a fundamental alteration in the nature of the City’s land use and zoning or building program.
12.54.070 APPEALS:
A. Within thirty (30) days of the date of the Director’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
B. If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process 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. Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
The following red underlined text will be added and/or amended in Chapter 12.56, Summary of Zoning Districts and Permitted Uses.
CHAPTER 12.56
SUMMARY OF ZONING DISTRICTS AND PERMITTED USES
TABLE 1
PERMITTED AND CONDITIONALLY PERMITTED USES
R1R-1D R2MHP HC NC MU MU-CC I OS PF
Residential Uses
Manufactured structure, residential P P P P C C
Residential care facility, large (7 or more)
licensed (Refer to Chapter 12.158)
P P P C C C
Residential care facility, small (6 or fewer)
licensed or unlicensed (Refer to Chapter
12.158)
P P P P P
Supportive housing (Refer to Chapter
12.160)
P P P P P
Transitional housing (Refer to Chapter
12.160)
P P P P P
Employee Housing P P P
Agricultural Uses
Employee housing, large C C C C
Employee housing, small P P P P C
Community Service
Large/small family daycare P3 P3 P3 C3 C3 C3
Industrial Uses
Employee Housing, Large (Chapter
12.156)
P
The following red underlined text will be amended in Chapter 12.68, R-2 Medium Density Residential District.
CHAPTER 12.68
R-2MEDIUM DENSITY RESIDENTIAL DISTRICT
12.68.040 DEVELOPMENT STANDARDS:
The following regulations shall apply in all R-2 districts and shall be subject to the provisions of chapter
12.128 if not covered here:
A. Single-Family Dwellings.
2. Maximum allowable density: twenty (20) units/acre.
5. Maximum height: three stories but not exceeding forty feet (40’) in height, as defined in section
12.08.020 (definition of "building height").
The following red underlined text will be new Chapter 12.110, AHO Affordable Housing Overlay, of the City of Gonzales Municipal Code.
CHAPTER 12.110
AHO AFFORDABLE HOUSING OVERLAY
SECTION:
12.110.010: Purpose and Intent
12.110.020: Applicability
12.110.030: Permitted Uses
12.110.040: Development Standards
12.110.050: Affordability Requirements
12.110.060: Plan Review and Processing
12.110.010 PURPOSE AND INTENT:
The purpose of the Affordable Housing Overlay (AHO) Zone is to encourage the development of very low-, low-, and moderate-income housing units in the City of Gonzales by providing increased density and streamlined approval for housing development projects on sites identified as suitable for lower-income housing. This chapter implements Government Code Section 65583.2. Any site contained in the AHO Zone shall be indicated by the “-AHO” designation.
12.110.030 PERMITTED USES:
Allowed uses listed under Industrial (I) in Table 1 of Section 12.56.040 of this title, and in addition, the following residential uses shall be permitted:
A. Multiple family residential;
B. Low Barrier Navigation Centers;
C. Residential Care Facilities (Refer to Chapter 12.158); D. Supportive housing (Refer to Chapter 12.160); and
E. Transitional housing (Refer to Chapter 12.160).
12.110.040 PERMITTED USES BY-RIGHT:
Housing Element inventory sites number 1-6 identified in Table 9 (Capacity of Sites Allowing Residential Development) of the City’s 2023-2031 Housing Element or by the Department of General Services Housing and Local Land Development Opportunities Map shall comply with State law:
A. Any sites rezoned after the start of the planning period, proposed to be developed at a minimum density of 20 dwelling units per acre, and providing at least 20% of the total units in the development as affordable to lower income households are eligible for by-right approval as defined in Government Code Section 65583.2(h) and (i).
B. Any sites being used to accommodate the current lower-income RHNA that are nonvacant and were identified in the previous planning period or vacant and identified in two or more previous consecutive planning periods, providing appropriate densities and providing at least 20% of the total units in the development as affordable to lower income households shall be permitted by right consistent with Government Code Section 65583.2(i).
12.110.050 DEVELOPMENT STANDARDS:
A. Minimum Density: All residential developments within the AHO Zone shall provide a minimum density of twenty (20) dwelling units per acre.
B. Minimum Lot Size: Lot size shall be a minimum of zero point eight (0.8) acres (thirty four thousand and eight hundred forty eight (34,848) square feet).
C. Maximum Lot Coverage: Lot coverage shall not exceed ninety percent (90%).
D. Floor Area Ratio: Floor area ratio shall not apply within the AHO Zone.
E. Maximum Building Height: Maximum building height shall not exceed fifty-five feet (55’) and four (4) stories. Additional height and/or stories may be allowed with a conditional use permit.
F. Minimum Setbacks: Setbacks shall be a minimum of the following measured from the property line:
1. Front: twenty feet (20’).
2. Side:
a. Five feet (5)’ per story.
b. Twelve feet (12’) on the driveway side only if the setback includes a portion of a driveway shared with the neighboring lot.
c. Zero lot lines shall be allowed for detached garages or carports that are situated in the rear yard setback and share a wall with the neighboring accessory structure serving the same purpose.
d. A corner lot shall have a side yard abutting a street of not less than ten feet (10’) (see definition of "lot, corner" in section 12.08.020).
3. Rear = ten feet (10’).
G. Parking: Parking requirements as specified in chapter 12.120 of this title.
H. Landscaping: Landscaping requirements as specified in chapter 12.124 of this title, except that when buildings are proposed within commercial districts and with zero foot (0) setbacks at the front property line, or with one hundred percent (100%) lot coverage, landscaping requirements may be reduced or waived.
12.110.060 AFFORDABILITY REQUIREMENTS:
A. Income Levels: All housing units built pursuant to this division shall provide a minimum of twenty percent (20%) of all units as affordable to extremely low- income, very low- income, or low- income households as defined and periodically updated by the California Department of Housing & Community Development (HCD) for Monterey County.
B. Affordability Restrictions: Each affordable unit must be restricted for a minimum of fifty five (55) years for rental units and forty five (45) years for owner-occupied units. The deed restriction or affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City attorney for legal form and sufficiency.
C. Manager’s Unit: For all developments where all units are affordable units and include between ten (10) and forty (40) units, one (1) manager's unit is exempt from the affordability requirement. For a development between forty one (41) and eighty (80) units, up to two (2) manager's units are exempt from the affordability requirement. For developments of eighty one (81) or more units, up to three (3) manager's units are exempt from the affordability requirement. Developments that provide nine (9) or less affordable units do not obtain an exemption for a manager unit.
12.110.070 PLAN REVIEW AND PROCESSING:
Residential developments in the AHO Zone that include at least twenty percent (20%) lower-income units are permitted by-right consistent with Government Code Sections 65583.2(h) and (i) and shall be approved by the Community Development Director.
The following red underlined text will be added and/or amended in Chapter 12.112, General Applications. Note that added text may renumber subsequent existing code sections.
CHAPTER 12.112 GENERAL APPLICATIONS
12.112.020 ACCESSORY DWELLING UNITS:
A. Intent. The intent of this section is to allow Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) that:
1. Contribute needed housing to the community’s housing stock;
2. May be rented but may not be sold separately from the primary residence;
3. Are within a residential zoning district; and
4. Are consistent with the intent and requirements of California Government Code (Gov. Code) Title 7, Division 1, Chapter 13, Accessory Dwelling Units.
B. Permit Required.
1. A Building Permit is required for ADUs and JADUs (Gov. Code, § 66317, subd. (a)).
2. The provisions included in this section are applicable to all lots that:
a. Are zoned to allow single-family or multifamily residential uses; b. Include a proposed or existing dwelling unit (Gov. Code, § 66313, subd. (a)).
3. Any application for an ADU that meets the location and development standards contained in this section shall be approved ministerially without discretionary review or public hearing.
C. Processing Time and Submittal Requirements.
1. Processing Time.
a. On lots with an existing single-family or multifamily dwelling, an application to create an ADU or JADU shall be approved within sixty (60) days of submission of a complete application, unless either:
(1) The permit application to create an ADU or JADU is submitted concurrently with a permit application to create a new single-family or multifamily dwelling on the lot, in which case the City shall not act on the permit application for the ADU or JADU until the City acts on the permit application for the new single-family or multifamily dwelling unit; or (2) The applicant requests a delay, in which case the sixty (60) day time period shall be tolled for the period of the delay. Additionally, once the application for the new single-family dwelling or multifamily dwelling has been approved, the permit application for the ADU or JADU shall be processed and either approved or denied within sixty (60) days (Gov. Code, § 66317, subd. (a)).
b. If the City has not acted upon the completed application for the ADU or JADU within sixty (60) days, and neither of the above exceptions are met, then the application for the ADU or JADU shall be deemed approved (Gov. Code, § 66317, subd. (a)).
2. Submittal Requirements. The application for an ADU or JADU shall be submitted to the Community Development Department. An ADU shall be reviewed as part of the City’s Building Permit process, and compliance with the standards of this chapter will be verified through the ministerial planning review process .
3. Denial/Remedies. If the City denies an application for an ADU or JADU, the City will provide in writing a full set of comments within sixty (60) days to the applicant from the date they received a completed application with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. When the primary dwelling is proposed concurrent with the ADU then more than sixty (60) days can be taken by the City (Gov. Code, § 66317).
D. Density and Consistency. An ADU that conforms to the requirements in this section shall (Gov. Code, § 66314, subd. (c)):
1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.
2. Be found consistent with the City’s General Plan designation and zoning for the lot.
3. Not be considered a new residential use for the purpose of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
4. Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
E. Development and Operational Standards.
1. When a garage, carport, or covered parking structure is demolished in conjunction with the construction or conversion of a detached or attached ADU, replacement parking is not required (Gov. Code, § 66314, subd. (d)(11).
2. A demolition permit for a detached garage that is to be replaced with a detached or attached ADU shall be reviewed with the application for the ADU and issued at the same time (Gov.
Code, § 66314, subd. (e).
3. Availability of Utilities All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services, unless the accessory dwelling unit was constructed with a new single-family dwelling (Gov. Code, § 66324). a. Utility Connections. The City may require a new or separate utility connection directly between an ADU and the utility.
b. Water and Sewer System: The City may require a water or sewer service connection directly between an ADU and the water and sewer service, or demonstration that the well and septic system is adequately sized for the new demand.
4. Fire Sprinklers. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers are not required in an ADU. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers (Gov. Code, § 66314, subd. (d)(12)).
5. Building Code. Building code requirements for detached dwellings shall be applied to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations) ((Gov. Code, § 66314, subd. (d)(8)).
6. Occupancy. Owner occupancy is not required on a property with an ADU.
7. State-exempt ADUs. State-exempt ADUs shall not be subject to any local development or design standard that is not authorized by Section 66323 but shall comply with applicable building code and health and safety standards.
F. Rental and Sale Limitations.
1. Long-Term Rentals Only. Rental of the ADU created pursuant to this section shall be for a term thirty (30) days or longer (Gov. Code, § 66315). Occupancy of the ADU or JADU shall not be allowed until the City approves occupancy of the primary dwelling unit (Gov. Code, § 66328).
2. Sale and Conveyance. An ADU may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Gov. Code, § 66341 are met.
3. If all the requirements of Gov. Code, § 66342 are met, the separate conveyance of the primary dwelling unit and ADU are allowed as condominiums.
G. Fee Requirements.
1. Connection Fees or Capacity Charges. An ADU shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. This only applies to ADUs, not JADUs (Gov. Code, § 66324, subd. (b)).
2. Impact Fees. Impact fees shall not be imposed on an ADU that is less than seven hundred fifty (750) square feet in floor area. For all other ADUs, impact fees shall be charged proportionate to the square footage of the primary dwelling unit (Gov. Code, § 66324, subd. (c)).
H. Conditions for Nonconforming Uses and Structures.
1. Nonconforming Conditions. Notwithstanding chapter 12.132 of this title, to the contrary, until January 1, 2030, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five (5) years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the local agency, subject to compliance with the Gov. Code, § 66331 and Health and Safety Code § 17980.12(a)-(c), and the following conditions:
a. The ADU or JADU was built before January 1, 2020.
b. The ADU or JADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU or JADU was built, had a noncompliant ADU or JADU ordinance, but the ordinance is compliant at the time the request is made.
c. This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
2. The City shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU in compliance with Gov. Code, § 66322, subd. (b).
I. Number of ADUs or JADUs Permitted Per Legal Parcel or Lot. An application for a permit to establish an ADU or JADU that meets at least one (1) of the following descriptions shall be ministerially approved without a public hearing and is not subject to the development standards of this chapter (Gov. Code § 66317, subd. (a)).
1. One (1) ADU and one (1) JADU are permitted per lot within the existing or proposed space of a singlefamily dwelling or within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety (Gov. Code, § 66323, subd. (a)(1)).
2. One (1) detached new construction ADU. One(1) JADU may also be combined with a detached ADU (Gov. Code, § 66323, subd. (a)(2)).
3. Multiple ADUs within the portions of multifamily dwelling structures that are not used as livable space.
Local agencies must allow an amount of ADUs up to twenty five percent (25%) of the dwelling units in existing multifamily dwelling structures, or a minimum of one (1), whichever is greater (Gov. Code, § 66323, subd. (a)(3)).
4. Up to two (2) detached ADUs on a lot that has proposed multifamily dwellings (Gov. Code, § 66323, subd. (a)(4)(iii).
5. Up to eight (8) detached ADUs on a lot that has existing multiple family dwellings provided that the number of ADUs does not exceed the number of existing units on the lot. (Gov. Code, § 66323, subd. (a)(4)(ii))
J. Detached ADUs.
1. Location. Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling. An existing dwelling on-site may be classified as the detached ADU after construction and occupation of a proposed dwelling on-site. Detached ADUs may be located in an existing accessory structure.
2. Maximum Number of Detached ADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one (1). The detached ADU may be in addition to an existing or proposed attached ADU or an existing or proposed JADU (Gov. Code, § 66314, subd. (d)(2)). b. When accompanied by a proposed multifamily dwelling, the maximum number of detached ADUs shall be eight (8) per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov. Code, § 66323, subd. (a)(4)(A). c. When proposed for a lot with multifamily dwelling(s), the maximum number of detached ADUs shall be eight (8)per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling (Gov. Code, § 66323, subd. (a)(4)(ii)). d. In no case shall the total number of primary dwellings and ADUs/JADUs exceed four (4) on two (2) parcels created via an SB 9 (Chapter 162, Statutes of 2021) lot split. (Gov. Code §§ 65852.21 and 66411.7, subd. (j)(1) and 66411.7, subd. (2)).
3. Floor Area.
a. The minimum floor area shall be one hundred fifty (150’) square feet. b. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than one thousand two hundred (1,200’) square feet (Gov. Code, § 66314, subd. (d)(5)).
4. Minimum Setbacks.
a. The minimum side, street side, and rear-yard setback shall be four feet (4’), except when converting or replacing an existing accessory structure that is less than four feet (4’) from the side, street side, or rear yard (Gov. Code, §§ 66314, subd. (d)(7), and 66323, subd. (a)(2)). b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet (4’) from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66317, subd. (a)).
5. Maximum Height. The maximum height of detached ADUs shall be as follows (Gov. Code, § 66321, subd. (b)(4)):
a. For one (1) story detached ADUs, the maximum height shall be sixteen feet (16’). Where the detached ADU is within one-half (0.5) mile walking distance of a major transit stop or a highquality transit corridor, as defined in Section 21155 of the California Public Resources Code, or with an existing or proposed multifamily dwelling of more than one (1) story, the maximum height shall be eighteen feet (18’).
b. For two (2) story detached ADUs, the maximum height shall be twenty five feet (25’). c. Height Exceptions.
(1) An additional two feet (2’) in height shall be allowed to accommodate a roof pitch on an ADU that is aligned with the roof pitch of the primary dwelling unit. (2) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of subsection (K)(5)(1) of this section to an amount equal to the height of the existing accessory structure to be converted.
6. Parking.
a. Parking Requirements. A maximum of one (1) parking space shall be required per ADU or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway or in front and/or rear setback areas. (Gov. Code, § 66314, subd. (d)(10)). b. Exceptions. No parking shall be required for ADUs in any of the following instances (Gov.
Code, §§ 66314, subd. (b)(2), and 66322, subd. (a)):
(1) The ADU is within one-half-mile walking distance of public transit. (2) The ADU is within an architecturally and historically significant historic district. (3) The ADU is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant(s) of the ADU. (5) There is a car-share vehicle within one (1) block of the ADU. (6) When a permit application for the ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Gov. Code § 66322,subd. (a)).
7. Development Standards. Detached ADUs shall comply with all applicable base zone district objective development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one (1) or more of these standards precludes construction of at least an eight hundred (800) square-foot detached ADU.
K. Attached ADUs.
1. Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
2. Maximum Number of Attached ADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one (1). The attached ADU may be in addition to an existing or proposed detached ADU and/or an existing or proposed JADU (Gov. Code § 66323, subd. (a)(1–2). b. When accompanied by a proposed or existing multifamily dwelling, the maximum number of attached ADUs allowed shall be no more than twenty five percent (25%) of the number of existing or proposed multifamily units. However, in no case shall less than one (1) attached ADU be allowed (Gov. Code, § 66323, subd. (a)(3)).
c. In no case shall the total number of primary dwelling and ADUs exceed four (4) on any given lot zoned for single-family residential uses (Gov. Code, § 66411.7, subd (j)).
3. Floor Area.
a. The minimum floor area shall be one hundred fifty (150) square feet. b. Single-family Attached ADU (Gov. Code, § 66323, subd. (a)(1)(A)). (1) The maximum floor area may expand up to one hundred fifty (150) square feet from the existing primary dwelling unit.
(2) If the ADU expands beyond one hundred fifty one (151) square feet from the existing primary dwelling unit, then the floor area shall not exceed fifty percent (50%) of the living area of the existing primary dwelling unit.
4. Minimum Setbacks.
a. The minimum side, street side, and rear yard setback shall be four feet (4’), except when converting or replacing an existing attached accessory structure that is less than four feet (4’) from the side, street side, or rear yard.
b. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than four feet (4’) from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code, § 66314, subd. (c)(7)).
5. Maximum Height.
a. The maximum height of attached ADUs shall be two (2) stories and twenty five feet (25’) or the maximum height specified by the base zone district for the primary dwelling, whichever is lower (Gov. Code, § 66321, subd. (b)(4)).
b. Attached ADUs that are interior to an existing structure that is converted shall not exceed the height of that existing structure.
6. Parking. No parking shall be required for an attached ADU.
7. Development Standards.
a. Attached ADUs shall comply with all applicable base zone district objective development standards (Gov. Code, § 66321, subd. (b)(3)), including limits on lot coverage, objective design standards, floor area ratio, open space, front setbacks, and minimum lot size unless application of any one or more of these standards precludes construction of at least an eight hundred (800) square-foot attached ADU with four feet (4’) side and rear yard setbacks. b. The City shall not use or impose additional standards other than those provided in Gov. Code, § 66314, including an owner-occupant requirement, except that the City may require that the property may be used for rentals of terms thirty (30) days or longer (Gov. Code, § 66315).
L. Junior Accessory Dwelling Units.
1. Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be within the walls of the primary single-family dwelling, including, but not limited to, an attached garage (Gov. Code, § 66323, subd. (a)(1)). One (1) JADU may also be combined with a detached ADU (Gov. Code, § 66323, subd. (a)(2)).
2. Maximum Number of JADUs.
a. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one (1) per lot. The JADU may be in addition to an existing or proposed detached ADU or an existing or proposed attached ADU .
b. In no case shall the total number of primary dwelling and ADUs/JADUs exceed four (4) on any given lot zoned for single-family residential uses (Gov. Code, §§ 65852.21 and 66411.7).
3. Floor Area.
a. The minimum floor area shall be one hundred fifty (150) square feet. b. The maximum floor area shall be five hundred (500) square feet.
4. Parking. No parking shall be required for a JADU, including replacement parking.
5. Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.
6. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
7. Kitchen Features. An efficiency kitchen shall be provided, including all of the following (Gov. Code, § 66333, subd. (f)):
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary singlefamily dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization (Gov. Code, § 66333, subd. (b)).
9. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the Community Development Department. The deed restriction shall include both of the following (Gov. Code, § 66333, subd. (c)):
a. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers. b. A restriction on the size and attributes of the JADU that conforms with this section.
The following red underlined text will be added and/or amended in Chapter 12.120, Parking.
CHAPTER 12.120 PARKING
SECTION:
12.120.150: Number Required; Dwellings
12.120.150 NUMBER REQUIRED; DWELLINGS:
A. Single-Family Dwellings: Every single-family dwelling shall be provided with at least two (2) parking spaces. Spaces shall be covered by a completely enclosed garage or a carport.
B. Multi-Family Dwellings:
Required parking spaces for multi-family dwellings shall be:
Studio 1 space
One bedroom 1 space
Two bedrooms 2 spaces
Three bedrooms 2 spaces
Four bedrooms 3 spaces
1. Parking Design: All uncovered parking must be screened by means of an earth berm and/or landscaping.
2. Guest Parking: In multi-family dwellings, one (1) guest parking space shall be provided for each three (3) units.
The following red underlined text will be new Chapter 12.154, Local Education Agency Lands.
CHAPTER 12.154 LOCAL EDUCATION AGENCY LANDS
SECTION:
12.154.010: Purpose
12.154.020: Applicability
12.154.030: Permitted Uses
12.154.040: Development Standards
12.154.050: Application and Review Procedures
12.154.010 PURPOSE:
The purpose of this section is to implement the provisions of California Government Code Section 65914.7 (enacted by AB 2295 of 2022) to authorize the development of housing on properties owned by Local Education Agencies (LEAs) to support the provision of affordable housing for public school employees, teachers, and other public agency staff. This chapter ensures compliance with all requirements under Government Code Section 65914.7 and prioritizes ministerial approval processes for eligible projects.
12.154.020 APPLICABILITY:
A. This chapter shall apply to properties owned by LEAs, including the Gonzales Unified School District, the Monterey County Office of Education, and other public educational agencies within the city limits.
B. Eligible LEA-owned lands shall be zoned for residential uses or other non-residential uses that permit residential development under this chapter, including all properties designated for educational use that qualify under Government Code Section 65914.7.
12.154.030 PERMITTED USES:
A. LEA-owned properties may be developed with residential housing that meets the requirements of this section and Government Code Section 65914.7 and other applicable state laws.
B. Development projects shall be permitted by-right and approved by the Community Development Director, provided that the project meets all of the following criteria:
1. At least fifty (50%) of the units shall be affordable to lower-income households as defined in Health and Safety Code Section 50079.5; and
2. Units prioritize occupancy for LEA employees, public school teachers, and other employees of public agencies within the City.
C. Development projects may include shall be permitted by-right and approved by the Community Development Director, provided that the project meets all of the following criteria:
12.154.040 DEVELOPMENT STANDARDS:
A. Projects developed under this section shall comply with all development standards requirements of the R-2 zoning district.
B. Consistent with Government Code Section 65914.7, projects may exceed local height limitations, density requirements, and other development standards, as necessary to make the development feasible, unless such exemptions would present a specific, adverse impact to public health or safety.
12.154.050 APPLICATION REVIEW AND PROCEDURES:
A. Residential projects proposed under this chapter shall be processed ministerially, without discretionary review or hearings, in accordance with the streamlined provisions of Government Code Section 65914.7.
B. Any objective standards or requirements that would physically preclude the development of a project at the permitted density, height, or with other exemptions under this section shall not apply.
The following red underlined text will be new Chapter 12.156, Employee Housing.
CHAPTER 12.156 EMPLOYEE HOUSING
SECTION:
12.156.010: Purpose
12.156.020: Six or Fewer Employees
12.156.030: Districts Where Agricultural Uses are Allowed
12.156.040: Streamlined Approval for Agricultural Employee Housing Developments
12.156.010 PURPOSE:
The purpose of this chapter is to establish procedures and standards for the approval and creation of employee housing.
12.156.020 SIX OR FEWER EMPLOYEES:
Employee housing providing accommodation for six or fewer employees shall be deemed to be a singleunit structure with a residential land use and shall be treated the same as a single unit dwelling of the same type in the same zoning district.
12.156.030 DISTRICTS WHERE INDUSTRIAL USES SERVING THE
AGRICULTURAL INDUSTRY ARE ALLOWED:
The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located and may consist of no more than thirty six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use.
12.156.040 STREAMLINED APPROVAL FOR AGRICULTURAL EMPLOYEE
HOUSING DEVELOPMENTS
To be eligible for streamlined approval under this section in accordance with the provisions of California Health and Safety Code Section 17021.8, an industrial agricultural employee housing development must meet all of the following requirements:
A. The development must be located on land designated as agricultural in the City of Gonzales General Plan.
B. The development must be twelve (12) units or less.
C. The development must not be located in any of the following areas:
1. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
2. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code.
3. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356.
4. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.
5. A flood plain as determined by maps promulgated by the Federal Emergency Management Agency.
D. The development must meet all applicable requirements of the City of Gonzales Municipal Code, including but not limited to the following:
1. The development must have adequate water and wastewater facilities;
2. The development must comply with all applicable zoning and land use regulations; and
3. The development must comply with all applicable building and safety codes.
The following red underlined text will be new Chapter 12.158, Licensed Residential Care Facilities.
CHAPTER 12.158 LICENSED RESIDENTIAL CARE FACILITIES
SECTION:
12.158.010: Purpose
12.158.020: Permitted Zones
12.158.030: Development Standards
12.158.040: Application Procedures
12.158.010 PURPOSE:
The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of residential care facilities while preserving the character of the zone in which the uses are located. To protect the public health, safety and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care facilities residential care facilities shall be assessed, allowed and developed in accordance with the standards set forth in this chapter.
12.158.020 PERMITTED ZONES:
A. Large Licensed Residential Care Facilities shall be considered a residential use of property and shall be “P” Permitted in all primary residential zones in the City of Gonzales, and shall be “C” Conditionally Permitted in the MU Mixed Use and the MU-CC Mixed Use - Commercial Core zones. While P Permitted in the primary residential districts, such facilities are subject to an administrative level Site Plan requirement to demonstrate conformance to the Development Standards of Section 12.158.03 and the underlying zoning district.
B. A Large Licensed Residential Care Facility that also qualifies as Supportive Housing or Transitional Housing shall be subject only to those restrictions and development standards that apply to other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone. Notwithstanding the previous sentence, if the facility qualifies as “supportive housing” as defined in Government Code Section 65650 (which has a different definition of “target population” than the definition in chapter 12.08 of this title), then the facility shall be a use by-right in all zones where multifamily and mixed uses are permitted and shall be processed as required by Government Code Sections 65650, et seq.
C. Small Licensed Residential Care Facilities and Unlicensed Residential Care Facilities shall be considered a residential use of property. Small Residential Care Facilities, Licensed, and Unlicensed Residential Care Facilities are permitted uses in all zones permitting residential uses in Gonzales subject to compliance with the restrictions and development standards for other residential dwellings of the same type (e.g., single-family or multifamily) in the same zone.
12.158.030 DEVELOPMENT STANDARDS:
The following development standards shall apply to a Large Licensed Residential Care Facility:
A. Development Standards. Unless otherwise indicated below, the Large Residential Care Facility must conform to the development standards for the zoning classification in which it is located.
B. Accessory Dwelling Units. The Large Licensed Residential Care Facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.
C. Kitchens. The Large Licensed Residential Care Facility must provide either of the following:
1. Congregate dining facilities; or
2. Kitchens in individual units.
D. Landscaping. The Large Licensed Residential Care Facility shall provide minimum landscaped areas in accordance with the landscaping standards for the zoning classification in which it is located.
E. Signs. The Large Licensed Residential Care Facility shall comply with the provisions of chapter 12.116 of this title.
F. Lighting. The Large Licensed Residential Care Facility shall comply with the provisions of the lighting standards for the zoning classification in which it is located. Security night lighting must be shielded so that the light source cannot be seen from adjacent residential properties.
G. Parking. The Large Licensed Residential Care Facility shall provide one (1) off-street automobile parking space per the greatest number of employees on duty at any one time, as well as a minimum of one (1) off-street automobile parking space for every ten (10) residents for visitors.
H. Common Areas and Open Space. The Large Licensed Residential Care Facilities shall include at least three hundred fifty (350) square feet of indoor or outdoor common areas or open space, plus five (5) square feet per resident. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises. A central dining room shall be provided. The size of the room shall be sufficient to accommodate all of the residents. The minimum room size shall be the product of the proposed maximum number of residents in the facility multiplied by five (5) square feet per resident; however, in no instance shall the central dining room be less than three hundred fifty (350) square feet.
I. Management. The Large Licensed Residential Care Facilities shall have either:
1. A manager who resides on-site; or
2. A number of persons acting as a manager who are either present at the facility on a 24- hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the Large Licensed Residential Care Facilities pursuant to state law.
J. Security. A designated area for on-site personnel shall be located at the main entrance to the facility for the purpose of controlling admittance to the facility and providing security.
Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.
K. Personal Storage. Each resident of the Large Licensed Residential Care Facility shall be provided with at least one (1) private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.
12.158.040 APPLICATION PROCEDURES:
The application for a Large Licensed Residential Care Facility shall be submitted and processed in accordance with the requirements for residential developments in the zone in which the Large Licensed Residential Care Facility is proposed, and with the requirements of Site Plan Permit or Conditional Use Permits. In addition, the application for a Large Licensed Residential Care Facility shall include the following:
A. Applicant Information. The name and address of the applicant, including the name and address of the lessee, if the property is to be leased by someone other than the applicant; and the name and address of the owner of the property for which the Site Plan Permit or Conditional Use Permit is requested. If the applicant and/or lessee or owner is a partnership, corporation, firm, or association, then the applicant/lessee shall provide the additional names and addresses as follows and such persons shall also sign the application:
1. Every general partner of the partnership;
2. Every owner with a controlling interest in the corporation; or
3. The person designated by the officers of the corporation as set forth in a resolution of the corporation that is to be designated as the permit holder for the use permit.
B. Owner Authorization. If the operator of the Large Licensed Residential Care Facility is not the legal owner of the property, the operator shall provide written documentation evidencing the owner’s authorization and approval to operate the Large Licensed Residential Care Facility at the property.
C. Parcel Information. The zoning and general plan designations and assessor's parcel number(s) of the site on which the Large Licensed Residential Care Facility is proposed.
D. Project Description. A narrative project description of the Large Licensed Residential Care Facility that summarizes the proposed use and its purpose.
E. Plan, Building Diagram and Floor Plan. A preliminary site plan, drawn to scale, showing the facility’s building footprint and property lines as well a diagram intended to show:
1. All building(s) to be occupied, including a floor plan for all rooms intended for residents’ use indicating the number of residents per bedroom, the location and number of beds for all residents; and
2. On-site parking, including designations of staff and visitor parking.
F. Facility Users. The projected number and types of users of the facility, including but not limited to, residents, staff, clients, visitors, and students.
G. Transportation and Parking. Expected parking demand and vehicular use and the availability of and proximity to public transportation or other means to transport facility users.
H. Management Plan. A comprehensive Management Plan, which shall include, at a minimum, the following:
1. Detailed information on property management policies and operations, including information regarding maintenance and repairs;
2. An explanation of how the Large Licensed Residential Care Facility, intends to meet the requirements of subsection 12.158.040.I of this section;
3. An explanation of how the Large Licensed Residential Care Facility, intends to meet the requirements of subsection 12.158.040.J of this section;
4. A copy of the Large Licensed Residential Care Facility’s written resident intake procedures, including rental procedures and rates;
5. A copy of the Large Licensed Residential Care Facility’s written termination and eviction procedures;
6. A copy of the Large Licensed Residential Care Facility’s resident and guest rules; and
7. If applicable, the Large Licensed Residential Care Facility’s plan for disposing of medical waste or other bio-waste.
I. Licensing. Proof of all required licensing from the California Department of Social Services, the California Department of Health and Human Services, the California Department of Health Care Services, or other applicable regulatory agency, along with a license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefore.
J. Similar Facilities. A list of addresses of all other licensed facilities for which a Conditional Use Permit is requested in the State of California owned or operated by the applicant(s) within the past five (5) years and whether such facilities have been found by state or local authorities to be operating in violation of state or local law.
K. Project Review. The Community Development Director or Planning Commission shall review an application for the Large Licensed Residential Care Facility and shall approve, conditionally approve, or disapprove of the application for the Large Licensed Residential Care Facility. The decision of the Community Development Director or Planning Commission shall be final unless appealed to the City Council within the timeframes set forth in the Gonzales Municipal Code.
L. Findings and Decision. The Community Development Director or Planning Commission shall only approve an application for a Large Licensed Residential Care Facility if the Community Development Director or Planning Commission make all of the findings required pursuant to the Site Plan Permit or Conditional Use Permit requirements and conforms with all provisions of this section.
M. Design Review. The Large Licensed Residential Care Facility shall be designed in context with the surrounding residential or urban character and shall draw from the City of Gonzales Neighborhood Design Guidelines. Architectural renderings and plans shall supplement the City’s Site Plan review or Conditional Use Permit review.
The following red underlined text will be new Chapter 12.160, Transitional and Supportive Housing.
CHAPTER 12.160 TRANSITIONAL AND SUPPORTIVE HOUSING
SECTION:
12.160.010: Transitional and Supportive Housing
12.160.020: Supportive Housing, Up to 50 Units
12.160.010 TRANSITIONAL AND SUPPORTIVE HOUSING:
Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the California Health and Safety Code, constitutes a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
12.160.020 SUPPORTIVE HOUSING, UP TO 50 UNITS:
Pursuant to California Government Code Section 65651, supportive housing development with up to fifty (50) supportive housing units shall be permitted by-right in all zones where multifamily and mixed use residential development are permitted provided the development satisfies all of the following requirements:
A. All supportive housing units within the development are subject to a recorded affordability restriction for fifty five (55) years.
B. One hundred percent 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 Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
C. At least twenty five percent (25%) of the units in the development or twelve (12) units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve (12) units, then one hundred percent (100%) of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
D. The developer shall provide the information required by California Government Code Section 65652 to the Community Development Department.
E. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
1. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services.
2. For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for onsite 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 Government Code Section 65915.
G. Units within the development, excluding managers' units, include at least one (1) bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
H. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
1. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
2. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
3. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
ATTACHMENT 2
Zoning Map – Rezone Sites