Redondo Beach City Council
January 24, 2023

ORDINANCE NO.

An ordinance amending Sections 12.03, 12.12.2, 12.13, 12.13.5, 12.22, 12.24,

19.01, and 21.7.2 of the Los Angeles Municipal Code to regulate the use of a primary residence for home sharing as an accessory use, and to establish related fees and fines.

WHEREAS, in recent years, technology and innovation have expanded the use of short-term rentals (stays of 30 consecutive days or less) as a form of temporary lodging to allow visitors to stay in and experience a local community; WHEREAS, short-term rentals in property other than a primary residence create unfavorable consequences, including negative impacts on the residential character of surrounding neighborhoods and increased nuisance activity; WHEREAS, the conversion of long-term housing units to short-term rentals reduces housing stock and contributes to increased rents and decreased availability of affordable housing. In some cases, large numbers of housing units within a building, or even entire buildings, have been effectively converted to short-term rentals; WHEREAS, the extreme shortage of housing in the City of Los Angeles (the City) has been well documented, and measures are needed to prevent further conversion of long-term housing stock into short-term rentals;
WHEREAS, under the Los Angeles Municipal Code, a building may only be used as expressly permitted in the zone in which the building is located, and all uses that are not expressly permitted are prohibited;
WHEREAS, the City has prohibited short-term rentals in the City’s most restrictive residential zones;
WHEREAS, this ordinance will protect the City’s affordable housing stock by allowing only an authorized host to share his or her registered primary residence with transient users;
WHEREAS, this ordinance will protect the City’s affordable housing stock by continuing to prohibit a property owner from converting a housing unit into a short term rental that is not zoned or authorized for transient use 1 NOW, THEREFORE,

THE PEOPLE OF THE CITY OF LOS ANGELES
DO ORDAIN AS FOLLOWS:

Section 1. The definition of Accessory Use in Section 12.03 of the Los Angeles Municipal Code is amended to include a new final sentence to read as follows:

Home-Sharing shall be considered an accessory use to a residential use Sec. 2. The definition of Home-Sharing is added in alphabetical order to Section

12.03 of the Los Angeles Municipal Code to read as follows:

HOME-SHARING. An accessory use of a Host’s Primary Residence for a maximum of 120 days in a calendar year for the purpose of providing Short-Term Rental in compliance with the registration and other requirements of Los Angeles Municipal Code Section 12.22 A 32. For purposes of this definition, the terms “Host,” “Short-Term Rental” and “Primary Residence” shall have the same meaning as defined in Section 12.22 A.32 of this Code.

Sec. 3. Paragraph (d) of Subdivision 1 of Subsection A of Section 12.12.2 of the Los Angeles Municipal Code is amended to read as follows:

Hotels (including motels), Apartment hotels or hostels when no portion of a structure proposed to be used as a hotel (including a motel), apartment hotel or hostel is located within 500 feet from any A or R zone.
(d)
Sec. 4. Subdivision 1 5 of Subsection A of Section 12.13 of the Los Angeles Municipal Code is hereby amended to read as follows:

Hotels (including motels), apartment hotels or hostels when no portion of a structure proposed to be used as a hotel (including a motel), apartment hotel or hostel is located within 500 feet from any A or R zone.

1.5. Sec. 5. Subdivision 11 of Subsection A of Section 12.13.5 of the Los Angeles Municipal Code is hereby amended to read:

Hotels (including motels), apartment hotels or hostels when no portion of a structure proposed to be used as a hotel (including a motel), apartment hotel or hostel is located within 500 feet from any A or R zone.

11. 2
Sec. 6. A new Subdivision 32 is added to Section 12.22 A of the Los Angeles Municipal Code to read as follows:

Home-Sharing. In all zones wherein residential uses are permitted by right, the following shall apply:

32. Purpose. The purpose of this subdivision is to allow for the efficient use and sharing of a residential structure which is a Host’s Primary Residence, without detracting from the surrounding residential character or the City’s available housing stock.
(a)
(b) Definitions. The following definitions shall apply to this subdivision:
(1) ADMINISTRATIVE GUIDELINES. The Department
of City Planning or Office of Finance may promulgate regulations, which may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, enforcement procedures, and disclosure requirements, to implement the provisions, and consistent with the intent, of this subdivision. (2) BOOKING SERVICE. Any reservation and/or
payment service provided by a Person that facilitates a Short-Term Rental transaction between a Person and a prospective guest or Transient user, and for which the Person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment of services provided for the transaction.

CITATION. Includes any enforcement citation, order,
ticket or similar notice of violation, relating to the condition of or activities at a Person’s Primary Residence or property, issued by the Los Angeles Department of Building and Safety, Los Angeles Housing and Community Investment Department, Los Angeles Police Department or Los Angeles Fire Department, including an Administrative Citation issued pursuant to Article 1.2 of the Los Angeles Municipal Code.
(3)
EXTENDED HOME-SHARING. Home-Sharing that is
permitted for an unlimited number of days in a calendar year. (4)
(5) HOSTING PLATFORM. A Person that participates in
Short-Term Rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a Booking Service transaction using any medium of facilitation. 3 HOST. An individual who is registered for HomeSharing as the term is defined in Section 12.03 of this Code. (6)
(7) PERSON. Shall have the same meaning as that term
is defined in Section 21.7.2 of this Code.
(8) PLATFORM AGREEMENT. A signed agreement
between a Home-Sharing Hosting Platform (Platform) and the City, which, among other things, provides that the Platform will collect and submit the Transient Occupancy Tax to the City on behalf of Hosts and Persons listed for Short Term Rentals.

PRIMARY RESIDENCE. The sole residence from
which the Host conducts Home-Sharing and in which the Host resides for more than 6 months of the calendar year.
(9)
(10) RENTAL UNIT. A Dwelling Unit, Guest Room,
Accessory Living Quarters, other residential structure, or portion thereof.
(11) SHORT-TERM RENTAL. A Rental Unit, rented in
whole or in part, to any Person(s) for transient use of 30 consecutive days or less. Rental Units within City-approved Hotels, motels, Transient Occupancy Residential Structures and Bed and Breakfasts shall not be considered a Short-Term Rental. (12) TRANSIENT. Shall have the same meaning as that
term is defined in Section 21.7.2 of this Code.
(c) Home-Sharing Registration.

Application. To register for Home-Sharing, an
applicant shall file an application with the Department of City Planning in a manner provided by the Department, and shall include: information needed to verify the Host’s identification and Primary Residence; identification of a local responsible contact person; a list of all Hosting Platforms to be used; whether HomeSharing is for an entire Rental Unit or a portion thereof; and any other information required by the instructions on the application and/or by the guidelines promulgated by the Director of Planning.

Payment of any filing fee required under Section 19.01 E. shall be included with the application. If the required information for registration, including any filing fee, is not received within 45 days of submittal of the application, the Home-Sharing registration will be considered withdrawn
(D
4 (2) Eligibility Requirements. The following
requirements must be met at the time of submitting an application for Home-Sharing registration:
(i) The applicant has obtained a Transient
Occupancy Registration Certificate from the Office of
Finance pursuant to Section 21.7.6 of this Code, unless the applicant exclusively lists his or her Primary Residence on Hosting Platforms that have a Platform Agreement with the City of Los Angeles.

The proposed Home-Sharing is consistent with
the provisions of this subdivision and is limited to the Host’s Primary Residence.
(ii)
A renter or lessee shall not engage in
Home-Sharing without prior written approval of the
landlord. A renter or lessee shall provide copies of
the landlord's written approval to the City at the time of filing the application for registration. A landlord
may proactively prohibit Home-Sharing by tenants at
any or all of the owner’s properties by submitting a
notification in writing to the Department of City
Planning.
a.
b. A Primary Residence that is subject to
affordable housing covenants, and/or Chapter 15 of
the Los Angeles Municipal Code (“Rent Stabilization
Ordinance”), and/or are income-restricted under City,
state or federal law, is not eligible for Home-Sharing.

No Primary Residence which is the
subject of any pending Citation may be registered for
Home-Sharing.
c.

No Person may apply for or obtain more
than one Home-Sharing registration or otherwise
operate more than one Home-Sharing Rental Unit at
a time in the City of Los Angeles.
d.

Expiration and Renewal. A Home-Sharing
registration is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only at the Host’s Primary Residence. A Home-Sharing registration may be renewed annually if the Host: (1) pays the renewal fee; (2) has complied with the provisions of this subdivision for the past year; (3) provides (3)
5 information concerning any changes to the previous application for, or renewal of, the Home-Sharing registration; and 4) submits Home-Sharing records described in Subparagraph (e)(2) for the last year to demonstrate compliance with this subdivision, unless the Host lists exclusively on a Hosting Platform with a Platform Agreement that includes a provision for pass-through registration for applicants for a Home-Sharing registration. The records described in Subparagraph (e)(2) shall be made public to the extent required by law.

Suspensions and Revocations. Notwithstanding
any other provision of this Code to the contrary, the Director may require the suspension, modification, discontinuance or revocation of any Home-Sharing registration if it is found that the Host has violated this subdivision or any other city, state, or federal regulation, ordinance or statute.
(4)
Suspension. If a Host receives two Citations,
the Host's Home-Sharing registration shall be suspended for 30 days or as long as at least one Citation is open,
whichever is longer. The suspension shall become effective 15 days after the mailing of a Notice of Intent to Suspend the Host. If a Host initiates an appeal of either Citation, the suspension will take effect only if the appeal is not resolved entirely in the Host’s favor.
(i)
A Host may challenge a Citation by
submitting an appeal to the City department that
issued the Citation and providing notice to the
Department of Planning as described in the
Administrative Guidelines.
a.

Where no process is described in the
Citation, a Host may challenge a Citation by
submitting an appeal to the Director of Planning in
accordance with the process in Section 12.24 Z of this
Code, with no further appeal to a Commission or City
Council.
b.

Revocation. If three Citations have been
issued to the Host and have been sustained (after
exhaustion of any related remedies, including appeals)
within a registration year, the Host’s Home-Sharing
registration shall be revoked. The revocation of a Host's Home-Sharing registration shall become effective 15 days after the mailing of a Notice of Intent to Revoke to the Host. (ii)
6 A Host may challenge a Notice of Intent
to Revoke by submitting an appeal to the Director of
Planning in accordance with the process in Section

12.24 Z of this Code, with no further appeal to a
Commission or City Council.
a.

Pursuant to the revocation, the Host
shall be prohibited from participating in Home-Sharing
for one year from the effective date of the Notice of
Intent to Revoke.
b.

Modification. The Director may modify,
discontinue or revoke any Home-Sharing registration based upon an order to show cause, pursuant to Section 12.27.1 B of this Code, why any proposed modifications,
discontinuances or revocations of any Home-Sharing
registration should not be issued. The Director shall provide notice to the Host and/or recorded owner and lessee(s) of the Host’s Primary Residence to appear at a public hearing at a time and place fixed by the Director to respond to the Director’s order to show cause.
(iii)
(d) Prohibitions.
(1) No Person shall offer, advertise, book, facilitate or engage in Home Sharing or Short-Term Rental activity in a manner that does not comply with this subdivision.

A Host may not participate in Home-Sharing unless all
advertisements clearly list the City-issued Home Sharing registration number or pending registration status number. (2)
(3) No Host shall engage in Home-Sharing for more than
120 days in any calendar year unless the City has issued the Host an Extended Home-Sharing registration pursuant to Paragraph (h). (4) Accessory Dwelling Units for which a complete
building permit application was submitted on or after January 1, 2017, to the Department of Building and Safety pursuant to Section

12.26 A.3 may not be used for Home-Sharing, unless an applicant demonstrates the Accessory Dwelling Unit is the applicant’s Primary Residence.

No Host shall offer, advertise, or engage in HomeSharing in a non-Residential Building, including but not limited to, a (5)
7 vehicle parked on the property, a storage shed, trailer or any temporary structure, including, but not limited to, a tent.

If a Host lists a Primary Residence on multiple listings on multiple Hosting Platforms, only one listing may be booked at any given time.
(6)
A Host may not rent all or a portion of his Primary
Residence for the purposes of Home-Sharing to more than one group of guests or under more than one booking, at any given time. (7)
Home Sharing is not permitted in buildings that have
been converted from units subject to Chapter 15 of the Los Angeles Municipal Code (“Rent Stabilization Ordinance”) to single family homes until five years after the date of conversion.
(8)
Except for allowable Home Occupations, nonresidential uses including, but not limited to, sales or exchange of products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted during HomeSharing activity. (9)
(10) A Host shall only advertise on a Hosting Platform that was listed on the Host’s Home-Sharing application form, unless the Host has submitted a written request and received written approval from the Department of City Planning to use another Hosting Platform.
(11) No more than 2 overnight guests (not including
children) are allowed per habitable room, not including kitchens, during Home-Sharing activities.
(12) There shall be no use of sound amplifying equipment, as that term is defined in Section 111.01 (j) of this Code after 10:00 pm and no evening outdoor congregations of more than 8 people (excluding children) during Home-Sharing activities. Home Sharing activities are subject to the noise regulations in the Los Angeles Municipal Code.
(13) A Host whose Home-Sharing registration has been
suspended is prohibited from participating in Home-Sharing for the duration of the suspension.
(14) A Host whose Home-Sharing registration has been
revoked may not participate in Home-Sharing unless and until a new registration is authorized.
8 (e) Host Requirements.
(D A Host may be responsible for any nuisance
violations, as described in Section 12.27.1.B of this Code, arising at the Host’s Primary Residence during Home-Sharing activities. The Host, or owner of the Host’s Primary Residence if the Host does not own it, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection.

The Host shall keep and preserve, for a minimum
period of three years, all records regarding each Home-Sharing stay, including the length of stay and the price paid for each stay and any other records required by Administrative Guidelines promulgated by the Director.
(2)
On the Home-Sharing registration application, a Host
shall acknowledge and consent to Office of Finance and other City agencies’ inspection of records at all reasonable times and places for purposes of enforcement of this Subdivision.
(3)
The Host shall fully comply with all the requirements
of Article 1.7 of the Los Angeles Municipal Code (establishing the Transient Occupancy Tax) and successor Sections.
(4)
The Host shall pay a per-night fee for each night of
Home-Sharing, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Section 5.576.1 of the Los Angeles Administrative Code. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this subdivision. (5)
(6) Every Host shall provide and maintain working fire
extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes; information related to emergency exit routes on the property and contact information, including the contact information of the Host or a designated responsible agent of the Host.

Every Host that lists a Primary Residence located in a
Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 shall include in all Host listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property.
(7)
9 Every Host shall provide a code of conduct to guests
that includes the relevant provisions of this Subdivision and other information to address behavioral, safety, security, and other matters, as required in the Department’s Administrative Guidelines. (8)
Every Host shall authorize any Hosting Platform on
which his or her Primary Residence is listed to provide to the City the Host listing and other information described in in Subsection (9)
(f)(4).
(10) Every Host must consent to receive all City notices and citations regarding their Home-Sharing registration by U.S. mail.
(f) Hosting Platform Responsibilities.

Hosting Platforms shall not process or complete any
Booking Service transaction for any Person unless the Person has a valid Home-Sharing registration number issued by the City or a pending registration status number.
d)
Hosting Platforms shall not process or complete any
Booking Service transaction for any Host listing that has exceeded the authorized 120-day limit in one calendar year unless the Host has obtained an Extended Home-Sharing approval.
(2)
(3) Within 45 days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the Department of City Planning contact information for an employee or representative responsible for responding to requests for information, including requests related to possible violations of this Subdivision. Hosting Platforms that commence listings in the City after the effective date must provide this information prior to facilitating Home-Sharing activity or providing Booking Services within the City.

Subject to applicable laws, a Hosting Platform with
listings in the City shall provide to the Department of City Planning, on at least a monthly basis, in a format as specified by the City, the Home-Sharing registration number of each listing, the name of the person responsible for each listing, the street address of each listing and, for each booking that occurs within the reporting period, the number of days booked.
(4)
In the event a Hosting Platform has entered into an
agreement with the Office of Finance to collect and remit Transient (5)
10 Occupancy Tax pursuant to Los Angeles Municipal Code Section

21.7.1 et seq., and a Host has assigned the responsibilities for the collection and remittance of the Transient Occupancy Tax to the Hosting Platform, then the Hosting Platform and the Host shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City on a monthly basis.

EXCEPTION. The provisions of this paragraph shall
not apply to a Hosting Platform whenever it (a) complies with the Administrative Guidelines, issued by DCP and approved by resolution of the City Council, that describe how the Platform shall satisfy the Hosting Platform responsibilities in this paragraph, or (b) enters into a Platform Agreement, the terms of which shall be set forth in a master Platform Agreement approved by the City Council, that establishes the manner in which the Hosting Platform supports the City’s enforcement of this subdivision and meets the purposes of the Platform responsibilities in this paragraph. Each individual Platform Agreement shall be approved by the City Council. (6)
(9) Enforcement of Violations.
(1) The provisions in this Subsection shall be in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this Subdivision.

Any Person who has failed to comply with the
provisions of this Subdivision may be subject to the provisions of Section 11.00 of this Code. The owner and/or operator of any property used for Short Term Rentals, including the Host or owner of any Host Primary Residence, may be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection.
(2)
(3) The Director may, at any time, require the
modification, discontinuance, or revocation of any Home-Sharing registration in the manner prescribed in Subparagraph (c)(4).

The ACE program in Article 1.2 of this Chapter may
be utilized to issue administrative citations and impose fines pursuant to this Subdivision. The citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the operator of the Short Term Rental, the Host, and/or the property owner, if different than the operator or Host, shown on the County's last equalized property tax (4)
11 assessment roll. Fines for violations of this subdivision shall be as follows:

Hosting Platform: a $1,000 fine per day shall
be imposed for any of the following violations:
(')
Completing a Booking Service
transaction for each listing without a valid City HomeSharing registration number or pending registration status number.
a.

Completing a Booking Service
transaction for each listing where more than one
property is affiliated with a single Host, or each listing where the Host’s home address does not match the
listing location.
b.

Completing a Booking Service
transaction for any listing for a Rental Unit where the Host’s Home-Sharing or Extended Home-Sharing
registration has been revoked or suspended by the
City.
c.

Completing a Booking Service
transaction for any Rental Unit lacking Extended
Home-Sharing approval that has exceeded the
authorized 120-day limit for hosting Short-Term
Rentals in one calendar year.
d.
(ii) Owner of Primary Residence and/or Host
and/or Person:

A daily fine of $500, or two times the
nightly rate charged, whichever is greater, for
advertising a Rental Unit for the purposes of ShortTerm Rental in violation of this Subdivision. a.

A daily fine of $2,000, or two times the
nightly Rent charged, whichever is greater, for each
day of Home-Sharing activity beyond the 120 day limit
in a calendar year, unless the Host has a valid
Extended Home-Sharing Registration.
b.

For all other violations of this
subdivision, the administrative fine shall be levied
according to the amounts described in Section
c.
12 11.2.04(a)(2) of this Code. The square footage for
the use in calculating the fine shall be the amount of
indoor space to which the Transient guest has
access. If the square footage is unable to be
ascertained, it shall be deemed to be between 500
and 2,499 square feet.

The fine amounts listed above shall be updated
annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban
Consumers (CPI-U).
(iii)
Extended Home-Sharing. For Hosts who participate in
Extended Home-Sharing, the following shall apply:
(h)
(1) Application and Eligibility Requirements.

Ministerial Approval. Extended HomeSharing may be approved by the Director if, in addition to the eligibility requirements for Home-Sharing, all of the following requirements are met:
(i)
The Host maintains a current HomeSharing registration and has maintained a HomeSharing registration for at least six months or has hosted for at least 60 days based on substantial
evidence provided by the Host or Hosting Platform;
a.
b. No more than one Citation was issued
within the prior three years; and
The Host provides proof of mailing of a
notification concerning commencement of Extended
Home-Sharing, which includes a Director-issued
publication outlining the complaint process, to
adjacent and abutting owners and occupants on a
form provided by the Department.
c.

Discretionary Approval. A discretionary
review of an Extended Home-Sharing application is required if the Host complies with Subparagraph (h)(1)(i)(a), but two Citations have been issued within the prior three years. (ii)
If the Director finds that the matter may
have a significant effect on neighboring properties,
the Director may set the matter for public hearing.
a.
13 Written notice of the hearing shall be sent by First Class Mail at least 21 days prior to the hearing to the applicant, owners and tenants of the property
involved, owners and tenants of all properties
adjacent and abutting the proposed Extended HomeSharing activity, the City Councilmember representing the area in which the property is located, and the
applicable Neighborhood Council. If the Director
determines that the matter will not have a significant
effect on neighboring properties, no hearing shall be
held.

The Extended Home-Sharing
application may only be approved if, in addition to the eligibility requirements for Home-Sharing, all of the
following requirements are met, to the satisfaction of
the Director of Planning:
b.

The Host provides proof of
mailing of a notification, which includes a
Director-issued publication outlining the
complaint process, to adjacent and abutting
owners and occupants on a form provided by
the Department;

1. In consideration of any comments
received by the public on the application, the
Director finds the use is in substantial
conformance with the following findings:

2. That the Extended HomeSharing will enhance the built environment in the surrounding
neighborhood or will perform a function
or provide a service that is essential or
beneficial to the community, city or
region;
A.

That the Extended HomeSharing operations and other significant features will be compatible with and will
not adversely affect or further degrade
adjacent properties, the surrounding
neighborhood, the availability of
housing, or the public health, welfare,
and safety;
B.
14 C. That the Extended HomeSharing substantially conforms with the purpose, intent, and provisions of the
General Plan, the applicable community
plan, and any applicable specific plan;
and
That there is no
substantial evidence of continued
nuisance behavior from the location.

D.

If no appeal is filed within 15 days from
the date of the Director's determination approving or
denying an Extended Home-Sharing application, the
Director’s decision is final. An appeal to the Area
Planning Commission may be filed by the applicant or
any adjacent and abutting owner and occupant. An
appeal shall be filed at the public counter of the
Planning Department within 15 days of the date of the
Director’s decision. The appeal shall set forth
specifically how the appellant believes the Director’s
findings and decision are in error. The Area Planning
Commission may grant, conditionally grant or deny
the appeal. The failure of the Commission to act
upon an appeal within 75 days after the expiration of
the appeal period, or within an additional period as
may be agreed upon by the applicant and the
Director, shall be deemed a denial of the appeal and
the original action on the matter shall become final.
c.

Ineligibility. If the Host’s Home-Sharing registration
has been suspended or revoked, the Host is not eligible to apply for Extended Home-Sharing for two years from the effective date of the revocation or suspension or as long as a Citation remains open or unresolved, whichever is later.
(2)
Expiration and Renewal. An Extended HomeSharing registration is valid for one year from the date of issuance.

An Extended Home-Sharing registration is subject to the same expiration and renewal terms described in Subparagraph (c)(3) and may be renewed annually if the Host meets the same renewal requirements in that subparagraph.
(3)
Revocations. An Extended Home Sharing approval
shall be revoked if there are two Citations within a registration year in accordance with the process set forth in Paragraph (c)(4). (4)
15 Pursuant to the revocation, the Host shall be prohibited from participating in Home-Sharing for two years from the effective date of the Notice of Revocation or as long as a Citation remains open or unresolved, whichever is later.

Administration and Regulations. No Person shall fail to comply with the Administrative Guidelines.
(i)
G) Effective Date. This ordinance shall take effect on July 1, 2019.

Severability. If any provision of this Subdivision is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Subdivision which can be implemented without the invalidated provisions, and to this end, the invalid provisions of this Subdivision are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. (k)
Sec. 7. Section 12.24 W.24 of the Los Angeles Municipal Code is amended to read as follows:

Hotels (including motels), apartment hotels, or hostels in the CR, C1, C1.5, C2, C4, and C5 Zones when any portion of a structure proposed to be used as a hotel (including a motel), apartment hotel, or hostel is located within 500 feet of any A or R Zone.
(a)
Hotels (including motels), apartment hotels, or hostels, in the M1, M2 and M3 Zones when more than half of the lot on which the use is located is in the CR, C1, C1.5, C2, C4, C5 or CM Zones. In approving a request for a use in the M1, M2 and M3 Zones, the Zoning Administrator, in addition to the findings otherwise required by this section, shall also find that approval will not displace viable industrial uses. (b)
Hotels, motels or apartment hotels, in the R4 or R5 Zones, unless expressly permitted by Sections 12.11 or 12.12. In the R5 Zone, incidental business may be conducted, but only as a service to persons living there, and provided that the business is conducted within the main building, that the entrance to the business is from the inside of the building and that no sign advertising the business is visible from outside the building. If the proposed use is to be established by the conversion of an existing residential use, then a relocation assistance plan shall be drawn up and approved in a manner consistent with Section 12.95.2G. (c)
16 Hotels and motels in the M1 and M2 Zones when expressly permitted by the applicable community or district plan.

Transient Occupancy Residential Structures in the R4 and R5 zones as well as the CR, C1, C1.5, C2, C4, and C5 Zones. Approval of a partial or complete conversion from another residential use to a Transient Occupancy Residential Structure under this paragraph shall not be permitted.
(d)
(e)
Sec. 8. The table in Paragraph N of Section 19.01 of the Los Angeles Municipal Code is amended to add a fee for a fourth type of application as follows:

N. Modifications or Discontinuance of Use Pursuant to Nuisance Abatement Proceedings.
[FILING FEE]______
Type of Application Fee
Home-Sharing Administrative Hearing (Section 12.22.A.31) $20,000 Imposition of Conditions (City Issued) $58,354
(Section 12.27.1)________________
Modification (Applicant Initiated) $48,182
(Section 12.27.1)____________
Plan Approval for Revocation Case $48,182
(Section 12.27.1)
17 Sec. 9. A new paragraph T is added to Section 19.01 of the Los Angeles Municipal Code to read as follows:

T. Home-Sharing Registration Application Fee.

Type of Application Fee
Home-Sharing Application or Renewal (Section 12.22 A.31) $89 Extended Home-Sharing Administrative Clearance $850
(Section 12.22 A.31)
Extended Home-Sharing Discretionary Review Application $5,660 (Section 12.22 A.31)
Extended Home-Sharing Renewal (Section 12.22 A.31) $850 Sec. 10. Subsection (b) of Section 21.7.2 of the Los Angeles Municipal Code is amended to read as follows:

Hotel. “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, Short-Term Rental as defined in Section 12.22 A.31 of this Code, Home-Sharing as defined in Section 12.03 of this Code, motel, studio, hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, or other similar structure or portion thereof, and shall further include any trailer court, camp, park or lot where trailer spaces, or combinations of such spaces and trailers, including mobile homes, are occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes.
(b)
Sec. 11. The first paragraph of Subsection (f) of Section 21.7.2 of the Los Angeles Municipal Code is amended to read as follows:

Operator. "Operator" means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, lessee, mortgagee in possession, licensee or any other capacity. The owner or proprietor who is primarily responsible for operation of the hotel shall be deemed to be the principal operator. If the principal operator performs or assigns its functions, in whole or in part, through a managing agent, a booking agent, a room seller or room reseller, or any other agent or contractee, including but not limited to Hosting Platforms as (f)
18 defined in 12.03 of this Code, on-line room sellers, on-line room resellers, and on-line travel agents, of any type or character other than an employee, those persons shall be deemed to be secondary operators.

Sec. 12. Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance, which can be implemented without the invalid provisions and, to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
19 Sec. 13. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

Approved as to Form and Legality
Pursuant to Charter Section
559, I disapprove this
ordinance on behalf of the City
Planning Commission and
recommend that it not be
adopted........

MICHAEL N. FEUER, City Attorney
/jm\BROTHERS
(Peputy City Attorney
By
December , 2018
Date
File No. V/vvj ise'
I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than two-thirds of all its members.

CITY CLERK MAYOR
Ordinance Passed Approved
AGENDA: 1-30-19
ITEM:5.b.

TO: PLANNING COMMISSION FROM: Rosalynn Hughey
SUBJECT: See Below DATE: January 30, 2019
SUBJECT: PP18-101 ̶AN ORDINANCE OF THE CITY OF SAN JOSÉ AMENDING TITLE 20 OF THE SAN JOSÉ MUNICIPAL CODE (THE ZONING
CODE) BY ADDING A NEW PART 3.75 OF CHAPTER 20.80,
AMENDING CHAPTER 20.70 TO ADD CO-LIVING COMMUNITY AS

AN ENUMERATED USE IN THE DOWNTOWN, AMENDING CHAPTER

20.200 TO ADD A NEW DEFINITION OF CO-LIVING COMMUNITY,
ADDING RELATED PARKING REQUIREMENTS TO CHAPTER 20.90,

AND MAKING OTHER TECHNICAL, NON-SUBSTANTIVE OR
FORMATTING CHANGES TO TITLE 20.

RECOMMENDATION

1. Consider the Determination of Consistency in accordance with CEQA; and

2. Recommend that the City Council adopt an ordinance amending Title 20 (the Zoning Code) of the San José Municipal Code to:
i) Add Co-Living Community as an enumerated use in the Downtown Zoning Districts, add new Part 3.75 to Chapter 20.80 to establish the rules and regulations related to Co-Living Community, add related parking requirements, and amend Chapter 20.200 to add a definition for Co-living Community; and
ii) Make other technical, non-substantive, or formatting changes to Title 20.

OUTCOME
If adopted by the City Council, the proposed ordinance would create a new enumerated use, Co-Living Community, in the Downtown Zoning Districts, establish the rules and regulations for these communities, and adopt a definition for this use. This use will only be allowed in the Downtown Primary Commercial and Downtown Commercial- Neighborhood Transition 1 Zoning Districts.

PLANNING COMMISSION
January 30, 2019
Subject: Zoning Code Amendments for Co-Living Community

BACKGROUND
Housing Crisis Workplan
In his September 27, 2017 memo, Mayor Liccardo established a goal of creating 25,000 housing units, with at least 10,000 of those units being for affordable housing, in the City of San José. This goal was meant to build upon existing efforts to intensify density in approved growth areas under the 2040 General Plan. The City Council approved the Mayor’s memo and recommendations at the October 2017 Priority Setting session. This approval made the creation of 25,000 housing units a Council goal and priority. With the Council approval of this plan, staff was tasked with developing a Housing Crisis Workplan to facilitate the construction of these units.

One of the items identified in the Mayor’s memo was to focus resources and staff time to enable the construction or approval of 12,500 new units in Downtown by 2022. The Mayor directed staff to get to this goal by updating the Downtown Zoning Districts to eliminate parking requirements and encouraging density and development. The Mayor tasked staff with implementing innovative planning approaches that facilitate the reduction in development costs so that more people can be housed quickly. This overall work item has a variety of components that staff will continue to work on over the next five years.

In the immediate term, staff is exploring more innovative ways to provide needed housing throughout the City and in Downtown specifically. One of these ways is exploring the concept of group housing, or co-living as a new residential use in the Downtown. The development community has approached staff about this housing model, and up until recently, staff was unable to entertain this type of living model, given the limitations of the existing Zoning Ordinance. Based on the Mayor’s direction, and the clear need for additional housing options, staff is recommending adding this housing model as an enumerated use in the Downtown.

Co-Living Community
Group housing, or co-living, has become a modern solution to the existing housing crisis in the Bay Area. This modern co-living concept centers around renting bedrooms in a larger multi-unit complex where one or two individuals can enter a lease agreement for a single bedroom (with or without a private bath) and use shared kitchen and bath facilities, and common living space with other tenants. The Zoning Ordinance does not currently support this type of housing model.

Staff is proposing to add “co-living community” as an enumerated use in two Downtown Zoning Districts. Should this model prove to be a successful housing type for the City, staff will consider expanding this use to other growth areas outside of Downtown.

This new use will be required to provide ample common living space for residents, provide extensive bicycle parking, and offer other transportation demand management (TDM) incentives that support this urban living option. These incentives could include but are not limited to those TDM measures listed in section 20.90.220.1.d of the Zoning Ordinance such as carpool/vanpool share programs, bike-share programs, car-share programs, unbundled parking, and other incentive-based measures that encourage residents to use alternative modes of transportation rather than personal vehicles.

It is too soon to tell if this particular housing product will be the answer to San José’s Housing Crisis. However, creating the path forward for a project like this is essential to getting to the heart of the Mayor’s memo of finding creating ways to address the housing crisis in San José.

PLANNING COMMISSION
January 30, 2019
Subject: Zoning Code Amendments for Co-Living Community

ANALYSIS
Proposed Title 20 Changes
The addition of the new enumerated use of Co-Living Community requires the following changes to the Zoning Code:

1. 20.70.100 Allowed uses and permit requirements
Table 20-140 of the Downtown Zoning Regulations found in Chapter 20.70 reflects the new enumerated use of Co-Living Community in the DC Downtown Primary Commercial and DC-NT1 Downtown Commercial Neighborhood Transition 1 zoning districts. This use will require a Special Use Permit which is noted with an “S” on Table 20-140.

2. Chapter 20.80 Specific Use Regulations
New Part 3.75 in Chapter 20.80 contains the rules and regulations of this new Co-Living Community use. This section identifies the size of rooms, required amenities, and required open space. This Part also identifies parking requirements and required Transportation Demand Management program requirements.

3. Chapter 20.200 Definitions
Section 20.200.197 defines this new use. A co-living community is intended to be a “residential community where individual secure bedrooms are rented to one or two persons.” Co-living communities contain bedrooms that are provided for an established duration with a lease agreement, in exchange for an agreed payment of a fixed amount of money. A co-living community must have common open space and shared full kitchen facilities must serve ten or more bedrooms.”
The purpose of this definition is to foster interaction and allow true co-living amongst residents. This definition could also be applied to larger four to six bedroom clusters with partial kitchen facilities.

General Plan Conformance
The proposed amendments to Title 20 support the Goals and Policies of the General Plan. The changes to the Zoning Ordinance help facilitate housing production, which is a primary goal of the General Plan. The following goals and policies also support this new use:

1. Housing Policy H-3.3: Situate housing in an environment that promotes the health, safety, and well-being of the occupants and is close to services and amenities.

2. Housing Policy H-3.2: Design high density residential and mixed residential/commercial development, particularly development located in identified Growth Areas.

3. Design Policy CD-6.1: Recognize Downtown as the most vibrant urban area of San José and maximize development potential and overall density with the Downtown.

PLANNING COMMISSION
January 30, 2019
Subject: Zoning Code Amendments for Co-Living Community

4. Design Policy CD-6.2: Design new development with a scale, quality, and character to strengthen Downtown’s status as a major urban center.

Analysis: The proposed Co-Living Community use is a new housing form that allows for more residential bedrooms than a traditional multifamily dwelling unit. The density of this proposed uses will not necessarily be reflected in a specific unit count, but it will allow the development community to house more people, in a flexible configuration, to address the current housing crisis. This new use will only be enumerated as a use in the two Downtown Zoning Districts, a growth area identified by the General Plan as one of the main areas anticipated for growth. This housing type offers more residents the opportunity to be near services and amenities of Downtown. This use will also provide more individuals with the ability to have access to transit and be less reliant on their vehicles. The Co-Living Community movement is a type of development that is taking off in other large, metropolitan cities and San José needs to be open to this housing type in order to stay economically viable.

With future tech developments potentially moving into the Downtown, a denser, more urban environment will be required to meet the demands of the inevitable influx of individuals come to San José. The General Plan envisions the Downtown as a place where you can work, live, and play. It is vital to have rooms available for people to live in so that people can take advantage of a growing complete community envisioned for Downtown San José.

PUBLIC OUTREACH/INTEREST
Staff followed Council Policy 6-30: Public Outreach Policy, in that notices for the public hearings were posted on the City’s website and published in the San José Post-Record and emailed to a list of interested groups and individuals. This staff report and attachments were posted on the City’s website. Staff has been available to respond to questions from the public.

Staff initiated outreach efforts to gather public input on the proposed Zoning Code changes, and held a community meeting at City Hall on January 9, 2019. About 24 members of the public attended the meeting. The attendees were generally supportive of the proposal. They provided feedback related to requiring conformance with Downtown Design Guidelines, offering flexibility in design types and cluster configurations, incorporating vertical units and lofts, allowing a mix of use type within the same building, and lowering parking requirements. The attendees also had questions related to impact fee changes, which are typically determined by the Housing and PRNS departments.

COORDINATION
The preparation of the proposed ordinance and this staff report were coordinated with the City Attorney’s Office.

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DRAFT
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
SECTION 20.70.100 OF CHAPTER 20.70, ADDING A NEW
PART 3.75 OF CHAPTER 20.80, AMENDING SECTION

20.90.060 OF CHAPTER 20.90, AND ADDING SECTION

20.200.197 OF CHAPTER 20.200 OF TITLE 20 OF THE SAN

JOSE MUNICIPAL CODE TO ADD CO-LIVING

COMMUNITY AS AN ENUMERATED USE IN THE

DOWNTOWN, TO ESTABLISH RULES AND

REGULATIONS RELATED TO CO-LIVING COMMUNITIES,
TO ESTABLISH PARKING REQUIREMENTS FOR COLIVING COMMUNITIES, TO ADD A NEW DEFINITION FOR

CO-LIVING COMMUNITY, AND MAKING OTHER

TECHNICAL, NON-SUBSTANTIVE OR FORMATTING

CHANGES
WHEREAS, pursuant to Section 15168(c)(2) of the CEQA Guidelines, the City of San José has determined that this Ordinance is pursuant to, in furtherance of and within the scope of the previously approved program evaluated in the Final Program Environmental Impact Report for the Envision San José 2040 General Plan (the “FEIR”), for which findings were adopted by City Council through its Resolution No. 76041 on November 1, 2011, and Supplemental Environmental Impact Report (the “SEIR”), through Resolution No. 77617, adopted by City Council on December 15, 2015, and Addenda thereto, and does not involve new significant effects beyond those analyzed in the FEIR and SEIR; and WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council of the City of San José has considered and approves the information contained in the FEIR, as supplemented and addendum thereto, and related City Council Resolution Nos. 76041 and 77617 and the determination of consistency therewith prior to taking any approval actions on this Ordinance; RD:TLC:CER
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:

SECTION 1. Section 20.70.100 of Chapter 20.70 of Title 20 of the San José Municipal Code is amended to read as follows:

20.70.100 Allowed Uses and Permit Requirements.

A. "Permitted" land uses are indicated by a "P" on Table 20-140.

B. "Permitted" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by a "P GP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only in compliance with the general plan land use restrictions related to residential use.

C. "Conditional" uses requiring planning commission approval as the initial decisionmaking body are indicated by a "C" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit approved by the planning commission, or city council on appeal, as set forth in Chapter 20.100.

D. "Conditional" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by a "C GP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in RD:TLC:CER
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compliance with a conditional use permit as set forth in Chapter 20.100; and in compliance with the general plan land use restrictions related to residential use.

E. "Conditional" uses requiring city council approval as the initial decision-making body are indicated by a "CC" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a conditional use permit approved by the city council as set forth in Chapter 20.100. Applications for these uses shall first be considered by the planning commission at a public hearing of the commission for the commission's report and recommendation on the application to the city council pursuant to the processes set forth in Chapter 20.100.

F. "Special" uses are indicated by a "S" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100.

G. "Special" uses which may be approved only on parcels within the downtown zoning districts which are designated on the land use/transportation diagram of the general plan, as amended, with a land use designation that allows some residential use, are indicated by an "S GP " on Table 20-140. These uses may be allowed on such downtown zoning district parcels, but only upon issuance of and in compliance with a special use permit as set forth in Chapter 20.100; and in compliance with the general plan land use restrictions related to residential use.

H. "Administrative" uses are indicated by an "A" on Table 20-140. These uses may be allowed in such designated districts, as an independent use, but only upon issuance of and in compliance with an administrative use permit as set forth in Chapter 20.100.

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I. "Restricted" land uses are indicated by an "R" on Table 20-140. These uses may occur in such designated districts, as an independent use, but only upon issuance of and in full compliance with a valid and effective zoning code verification certificate as set forth in Chapter 20.100.

J. Land uses not permitted are indicated by a "-" on Table 20-140. Land uses not listed on Table 20-140 are not permitted.

K. The column of Table 20-140, under the heading "Additional Use Regulations for the DG Overlay Area", identifies further regulations on the uses of ground-floor building space within a portion of the DC zoning district. The portion of the DC downtown primary commercial district included in the DG overlay area is described in Section 20.70.520. If there are no additional regulations noted in this column (such as the type of permit required or a "-" or cross references to notes or other section in the zoning code), then the use regulations for the DG overlay area are the same as the regulations of the DC zoning district.

L. The "Parking" column of Table 20-140 establishes the required parking. The amount of parking may not be increased or decreased unless modified by the director as set forth in Sections 20.70.320 and 20.70.330 of this chapter.

M. When the right column of Table 20-140 includes a reference to a section number or a footnote, the regulations cited in the section number or footnote apply to the use. In addition, all uses are subject to any other applicable provision of this Title 20 and any other title of the San José Municipal Code.

Table 20-140
Downtown Districts Land Use Regulations
Use Zoning
District Applicable Notes & Sections
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DC DCNT1
Additional
Use
Regulations
for the
DG Overlay
Area
Parking
Applicable to
All Downtown
Districts
Offices and Financial Services
Automatic teller machine P P No parking Section

20.80.200
Business support use P P S, Notes k
and n No parking
Financial institution P P S, Note n 2.5 per 1,000
sq. ft.

Financial services P P S, Notes m
and n No parking
Offices, business and
administrative P P S, Notes i and n

2.5 per 1,000
sq. ft.

Section

20.70.110
Payday lending establishment R R
Part 12.5,
Chapter 20.80;
Section

20.200.875
Research and development P P - 2.5 per 1,000
sq. ft. Note 1
General Retail
Off-sale, alcoholic beverages
- beer and/or wine only C C No parking Section 20.80.900 Off-sale, alcohol beverages -
full range of alcoholic
beverages
C C No parking Section

20.80.900
Auction S - S No parking
Certified farmers' market S S No parking Part 3.5,
Chapter 20.80
Certified farmers' market -
small P P No parking Part 3.5, Chapter 20.80
Food, beverage, groceries P P No parking
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Open air sales establishments
and areas S S No parking
Outdoor vending S S No parking Part 10,
Chapter 20.80
Outdoor vending - fresh fruits
and vegetables P P No parking Part 10, Chapter 20.80
Pawn shop, pawn broker C C Note b No parking
Retail sales, goods and
merchandise P P S/P, Note a No parking
Seasonal sales P P No parking Part 14,
Chapter 20.80
Education and Training
Day care center P P S, Notes c
and n No parking
School, post-secondary P P - 1 per 360 sq.
ft.

School, trade and vocational P P - 1 per 360 sq.
ft.

Personal enrichment,
instructional art P P -, Note d 1 per 360 sq. ft.

School, elementary (grades K
- 8) C C - 1 per teacher and employee
High school (grades 9 - 12) C C -
.75 per
teacher and
employee and
1 per each 10
students
Entertainment and Recreation Related
Amusement game arcade S - S, - No parking
Movie theater P P No parking
Recreation commercial/indoor P P No parking
Poolroom S - No parking
Private club or lodge P P - 1 per 360 sq.
ft.

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Art display structure S - S No parking Section

20.70.140
Lighting display A/S A/S
Note e,
Section

20.70.150
Food Services
Banquet - facility P P No parking
required
Caterer P P C, Note f No parking
Drinking establishments C C No parking
Drinking establishments with
an approved maximum
occupancy load of over 250
persons and that operate
between 12:00 midnight and
6:00 a.m.

CC - No parking Note 7
Drinking establishments
interior to a full-service
hotel/motel with 75 or more
guest rooms
P P No parking Section

20.80.475
Public eating establishments P P No parking Note 9
Wineries, breweries C C No parking
Health and Veterinary Services
Animal grooming P P - No parking
Animal boarding, indoor P P - No parking
Emergency ambulance
service C - - No parking
Hospital/in-patient medical
facility C - - 1.5 per doctor
Medical or dental clinic/outpatient facility P P - 1.5 per doctor Medical cannabis collective R - - No parking Part 9.75, Chapter 20.80
Medical cannabis collective
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Medical cannabis business R - - No parking Part 9.75,
Chapter 20.80
Non-medical cannabis
business R - - No parking Part 9.75, Chapter 20.80
Veterinarian P P - 1.5 per doctor
General Services
Bed and breakfast inn P P S, Note l .35 per room Part 2, Chapter 20.80
Hotel/motel P P -, Note l .35 per room
Maintenance and repair of
household appliances, small P P - No parking
Mortuary and funeral services C C -
.75 per
employee and
vehicle
Personal services P P Note g No parking
Printing and publishing P P Note h No parking
Public, Quasi-Public and Assembly Uses
Auditorium C - C No parking
Cemetery C C - No parking
Church/religious assembly P P No parking
Information center P P No parking
Museums, libraries P - P No parking
Parks, playgrounds, or
community centers P P S, Note j No parking
Residential GP
Residential shelter C
GP - -
1 per 4 beds,

2.5 per 1,000
sq. ft.

Live/work uses P
GP S GP 1.5 per unit Section

20.70.120
Residential multiple dwelling P
GP P GP - 1 per unit

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Co-Living Community S S - .25 per
bedroom
Part 3.75,
Chapter 20.80
Residential care facility for
seven or more persons
C
GP C GP - .75 per
employee
Residential services facility,
for seven or more persons
C
GP C GP - .75 per
employee
Hotel supportive housing C
GP C GP - .35 per room
Note o; Part
22 of Chapter

20.80 Single room occupancy
(SRO) living unit facility
S
GP S GP - .6 per unit Part 15,
Chapter 20.80
Single room occupancy
(SRO) residential hotel S S - .6 per unit Part 15, Chapter 20.80 Residential Accessory Uses GP
Accessory buildings and
accessory structures
P
GP P GP - No parking Note 2
Recycling Uses
Reverse vending machine S S - No parking Part 13,
Chapter 20.80
Small collection facility S S - No parking Part 13,
Chapter 20.80
Transportation and Communication
Community television antenna
systems C - - No parking
Off-site and alternating use
parking arrangements P P - N/A Section 20.90.200
Off-street parking
establishment P P - N/A
Private electrical power
generation facility C C -
1 for each
vehicle used
in the
operation of
such facility
Standby generators that do
not exceed noise or air
standards

A A - N/A
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Temporary stand-by/backup
generators P P - N/A
Short term parking lot for uses
or events other than on-site S S N/A
Radio and television studios P - Note n No parking
Wireless communications
antenna S - - No parking
Note 10,
Sections

20.80.1900,

20.80.1915
Wireless communications
antenna, building mounted P - - No parking
Note 10,
Sections

20.80.1900,

20.80.1915
Electrical Power Generation
Solar photovoltaic power
system P P - No parking
Section

20.100.610
C.7.

Vehicle Related Uses
Accessory installation for cars
and passenger trucks P - - No parking
Car wash, detailing P - - No parking
Gasoline service station or
charge station P - - No parking Note 3, Note 8
Gasoline service station or
charge station, with incidental
service and repair
P - - No parking Note 3
Sale and lease, vehicles and
equipment (less than one ton) P - - 1.5 per employee Note 4 Tires, batteries, accessories,
lube, oil change, smog check
station, air conditioning
P - -
2 per bay or
.75 per
employee
Note 5
Sale, vehicle parts, new P - - No parking
required
Historic Reuse
Historic landmark structure
reuse
S S Section

20.90.220 E.

Part 8.5,
Chapter 20.80
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Notes applicable to the DG area only:
a. Second-hand stores not dealing primarily in antiques, artworks, or vintage clothing require a Special Use Permit in the DG overlay area. b. Only as a use incidental to a retail jewelry store, otherwise, not Permitted. c. Only as a use incidental to existing on-site office use, otherwise not Permitted.
d. Culinary/art school with public classes and public demonstrations allowed, includes such areas as dance, music, martial arts, and fine arts. e. Section 20.70.150 specifies the permits required under Title 20 for a lighting display.
f. Only as a use incidental to restaurant, grocery or bakery uses for primarily on-site sales, otherwise not Permitted.
g. Excludes check-cashing services and bail bond services. h. Only if dedicated primarily to on-site retail customer copy services, otherwise not Permitted.
i. Exception for travel agencies and real estate agencies which are the only Permitted uses.
j. Community centers are allowed with a Special Use Permit. k. Exception for copy shops and mail centers which are the only Permitted uses.
l. Use of ground floor to be primarily dedicated to customer-related public services.
m. Includes financial retail services such as payroll advances, foreign currency exchange, debit card services and related financial services products but excludes check cashing except as an ancillary use. n. In order to be a Permitted use, the space to be occupied shall have been vacant on January 1, 2012, the size of the space of such use shall be limited in size to a total maximum area of no greater than twenty thousand RD:TLC:CER
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(20,000) square feet, and the space shall not be located within a corner tenant space that is directly adjacent to the intersection of two public Streets. Any use that does not meet all of the criteria specified above in this note may be allowed with a Special Use Permit, and a Special Use Permit is and shall be required.
o. Hotel Supportive Housing may be Permitted only with a Conditional Use Permit pursuant to Part 22 of Chapter 20.80 and only until December 31, 2026.

Notes applicable to downtown primary commercial (DC) zoning district, including DG area:

1. Excludes manufacturing uses.

2. No Lot may be used solely for an Accessory Structure or Accessory Building.

3. Incidental repair includes air conditioning service, carburetor and fuel injection service, electrical service, radiator service, and tune-up, lube, oil change, and smog check, as well as tires, batteries and accessories installation. Does not allow body repair or painting.

4. All activity must be conducted indoors.

5. Non-engine and exhaust-related service and repair allowed as incidental use.

6. Limited to instrumental and vocal music and readings. Also, notwithstanding the provisions of Section 20.200.940 B., incidental instrumental and vocal music shall be allowed between the hours of 6:00 a.m. and 12:00 a.m.

7. Maximum occupancy load shall be that maximum occupancy load determined by the City fire marshal.

8. Pedestal Charge Stations that are incidental to a separate primary use, that do not impact on-site or off-site vehicular circulation, and that serve RD:TLC:CER
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patrons of the primary use on-site are permitted in all Downtown Zoning Districts.

9. Includes on-site outdoor dining area(s).

10. Certain modifications of existing Wireless Facilities may be Permitted with an Administrative Permit in accordance with Section 20.80.1915 of Chapter 20.80.

SECTION 2. A new Part is added to Chapter 20.80 of Title 20 of the San José Municipal Code, to be numbered, entitled and to read as follows:

Part 3.75
Co-Living Community

20.80.290 Co-Living Community Criteria for Approval.

A. For the purposes of this part, a co-living community is comprised of multiple bedrooms in a non-traditional unit configuration. Bedrooms are considered sleeping units as defined in Chapter 2 of the California Building Code, and as adopted in Chapter 24.03 of the San Jose Municipal Code.

B. No special use permit may be issued for a co-living community unless the following criteria are met:

1. Excluding the closet and the bathroom area, a bedroom must be at least one hundred (100) square feet in floor area if occupied by one (1) person, and one hundred fifty (150) square feet in floor area if occupied by two (2) persons, in accordance with the California Building Code. The average bedroom size shall be no greater than two hundred seventy-five (275) square feet and no bedroom may exceed four hundred (400) square feet.

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2. Each bedroom shall be designed to accommodate a maximum of up to two (2) persons, along a lateral or loft configuration, in accordance with California Building Code.

3. Bedrooms may be arranged within a four (4) to six (6) bedroom cluster and may contain partial kitchen and bath facilities, and shall meet the additional common space requirement in accordance with Section

20.80.290.B.7.

4. A bedroom may contain partial kitchen facilities. If individual partial or complete bath facilities are not provided in a bedroom, common bath facilities must be provided in accordance with Subsection B of Section

17.20.290 of Title 17 of the San José Municipal Code.

5. Common full kitchen facilities must be provided to adequately serve the residents of the co-living community and must serve ten or more bedrooms.

6. Individual bedrooms may not have separate external entryways.

7. Co-living community shall provide a minimum of 20 square feet of interior common space per bedroom, excluding janitorial storage, laundry facilities and common hallways. The interior common space can be on different floors than the corresponding bedrooms.

8. A closet or designated storage space is required in every bedroom.

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9. A cleaning supply storeroom and/or utility closet with at least one (1) laundry tub with hot and cold running water must be provided on each floor of the facility.

10. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) bedrooms or fractional number thereof.

11. The co-living community is subject to regulatory programs and requirements by the Department of Housing.

12. The co-living community application must have an operations management plan approved by the Departments of Planning and Housing.

13. The co-living community shall conform to the design guidelines in Section

20.70.500.

14. A Transportation Demand Management Plan (TDM), in conformance with Section 20.90.220, shall be required for a co-living community, regardless of whether a reduction in parking is requested.

C. Kitchen and bathroom facilities:

1. For purposes of this section, a partial bathroom contains a water closet and sink. A full bathroom includes sink, toilet, and shower and/or bath facilities.

2. A full kitchen contains all of the following: a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as an oven and RD:TLC:CER
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range or cooktop, that meet Building Code standards. A partial kitchen shall not include permanent cooking facilities.

D. The planning director shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate that the project will comply with these criteria.

SECTION 3. Section 20.90.060 of Chapter 20.90 of Title 20 of the San José Municipal Code is amended to read as follows:

20.90.060 Number Of Parking Spaces Required.

A. Number of Off-Street Vehicle Spaces Required.

1. All parking requirements in Table 20-190 are minimums unless otherwise specified. Each land use shall provide, on site, at least the minimum number of vehicle parking spaces required by Table 20-190, unless a modification has been granted pursuant to Section 20.90.220 or

20.90.230.

2. All required parking shall be made available to residents, patrons and employees of a use on the site.

3. All vehicle parking spaces shall be standard size spaces as set forth in Section 20.90.100. Alternatively, a development permit may:
a. Authorize all off-street vehicle parking spaces to be uniform-size car spaces, as set forth in Section 20.90.100; or
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b. Allow up to forty percent of the off-street vehicle parking spaces to be small car spaces as set forth in Section 20.90.100. The remainder of the required vehicle off-street parking spaces shall be standard car space as defined in Section 20.90.100.

4. If the number of off-street vehicle parking spaces hereinafter required contains a fraction after all parking is totaled, such number shall be rounded to the nearest higher whole number.

5. Whenever alternative units of measurement are specified in Tables 20- 190, 20-200 or 20-210 for computing vehicle off-street parking requirements for any given use, the unit of measurement which provides the greatest number of off-street parking spaces for such use shall control.

6. The minimum number of vehicle off- street parking spaces required for any given use is the same irrespective of the district in which such use is conducted. In case of a use for which vehicle off-street parking requirements are not specified at all, the requirements for the most nearly similar use for which vehicle off-street parking requirements are specified shall apply.

7. When two or more uses are located in the same lot or parcel of land or within the same building, the number of vehicle off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with this Chapter

20.90, except as hereinafter provided for alternating uses or exceptions.

B. Number of Bicycle Parking Spaces Required.

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1. The minimum number of bicycle parking spaces required for uses permitted under this title is set forth in Table 20-190.

2. Except as otherwise expressly permitted in this chapter, the minimum number of bicycle parking spaces required under this title shall be provided on private property on a parcel or development site in an area, other than a public street, public way, or other public property, permanently reserved or set aside for bicycle parking spaces.

3. A minimum of two short-term bicycle parking spaces and one long-term bicycle parking space shall be provided for each site that has a nonresidential use set forth in Table 20-190.

4. If the number of bicycle parking spaces hereinafter required contains a fraction, such number shall be rounded to the nearest higher whole number.

Table 20-190
Parking Spaces Required by Land Use
Use Vehicle Parking Required Applicable
Sections
Bicycle Parking
Required
Agriculture and Resource Uses
Agriculture and Resource
Uses 1 per employee Note 6 1 per 10 fulltime employees Drive-Through Uses
Drive-through in conjunction
with any use
No additional parking
required None
Education and Training
Day care center 1 per 6 children, up to 5
spaces and thereafter 1 Note 6
1 per 10 fulltime employees
and children
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per 10 children (includes
employee parking)
Instructional studios 1 per 150 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Private instruction, personal
enrichment
1 per 3 students, plus 1
per staff Note 6
1 per 10
students and
full-time
employees
School- elementary (K - 8) 1 per teacher, plus 1 per
employee Note 6
1 per 10 fulltime employees
plus 6 per
classroom
School- secondary (9 - 12)
1 per teacher, plus 1 per
employee, plus 1 per 5
students
Note 6
1 per 10 fulltime employees
plus 10 per
classroom
School, post secondary 1 per 3 students, plus 1
per staff Note 6
1 per 10 fulltime employees
plus 10 per
classroom
School, trade and
vocational
1 per 3 students, plus 1
per staff Note 6
1 per 10 fulltime employees
plus 10 per
classroom
Entertainment and
Recreation
Arcade, amusement 1 per 200 sq. ft of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Batting cages 1 per station, plus 1 per
employee Note 6
1 per 10 fulltime employees
plus one per 6
stations
Bowling establishment 7 per lane Note 6 1 per 2 lanes
Dancehall 1 per 40 sq. ft. open to
public Note 6 1 per 3,000 sq. ft. of floor area
Driving range 1 per tee, plus 1 per
employee Note 6 1 per 10 fulltime employees
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plus 1 per 10
tees
Golf course 8 per golf hole, plus 1 per
employee Note 6
1 per 10 fulltime employees
plus 1 per 2 golf
holes
Health club, gymnasium 1 per 80 sq. ft.
recreational space Note 6
1 per 1,600 sq.
ft. of
recreational
space
Miniature golf 1.25 per tee, plus 1 per
employee Note 6
1 per 10 fulltime employees
plus 1 per 6
tees
Performing arts rehearsal
space
1 per 250 sq. ft. of floor
area
Section

20.90.220E.
1 per 4,000 sq.
ft. of floor area
Poolroom 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Private club or lodge
1 per 4 fixed seats on the
premises, or 1 per 6 linear
feet of seating, plus 1 per
200 square feet of area
without seating but
designed for meeting or
assembly by guests, plus
1 per 500 sq. ft. of outdoor
area developed for
recreational purposes
Note 6
1 per 60 fixed
seats on the
premises, or 1
per 90 linear
feet of seating,
plus 1 per
3,000 sq. ft. of
area without
seating but
designed for
meeting or
assembly by
guests, plus 1
per 5,000 sq. ft.
of outdoor area
developed for
recreational
purposes
Recreation, commercial
(indoor)
1 per 80 sq. ft. of
recreational area Note 6
1 per 1,600 sq.
ft. of
recreational
area
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Recreation, commercial
(outdoor) 20 per acre of site Note 6 2 per acre of site Relocated cardroom 1 per 40 sq. ft. of area
devoted to card games Note 6
1 per 800 sq. ft.
area devoted to
card games
Skating rink 1 per 50 sq. ft. of floor
area
Note 6 1 per 1,000 sq.
ft. of floor area
Swim and tennis club 1 per 500 sq. ft. of
recreation area Note 6
1 per 5,000 sq.
ft. of recreation
area
Motion picture theatre,
indoor
1 per 3 seats in theaters
with 1-3 screens; 1 per

3.3 seats with 4+ screens
Note 6
1 per 45 seats
in theaters with
1-3 screens; 1
per 50 seats
with 4+ screens
Motion picture theatre,
outdoor 1 per 300 sq. ft. Note 6 1 per 3,000 sq. ft.

Theaters, auditoriums,
sports arenas, and
stadiums- with or without
fixed seats
1 per 4 fixed seats on the
premises, plus 1 per 7
linear feet of fixed
benches, or 1 per 30
square feet of area used
for assembly
Note 6
1 per 60 fixed
seats on the
premises, plus
1 per 100 linear
feet of fixed
benches, or 1
per 450 sq. ft.
of area used for
assembly
Food Services
Banquet facility
1 per 2.5 seats or 1 per 40
square feet of dining area,
whichever requires the
greater number of parking
spaces
Note 6
1 per 50 seats
or 1 per 800
square feet of
dining area,
whichever
requires the
greater number
of parking
spaces
Caterer w/eating facility (not
a catering facility)
1 per 2.5 seats or 1 per 40
square feet of dining area,
whichever requires the
Note 3,
Note 6
1 per 50 seats
or 1 per 800 sq.
ft. of dining
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greater number of parking
spaces
area, whichever
requires the
greater number
of parking
spaces
Caterer w/no public
interface 1 per 250 sq. ft. Note 6 1 per 3,000 sq. ft. of floor area Drinking establishments
1 per 2.5 seats or 1 per 40
square feet of drinking
area, whichever requires
the greater number of
parking spaces
Note 3,
Note 6
1 per 50 seats
or 1 per 800 sq.
ft. of dining
area, whichever
requires the
greater number
of parking
spaces
Entertainment (with any
food or alcohol service)
1 per 40 sq. ft. of area
open to the public
Note 3,
Note 6
1 per 800 sq. ft.
of area open to
the public
Outdoor dining incidental to
a public eating
establishment or a retail
establishment
0 spaces up to 25 seats, 1
space per 2.5 for seats
over 25
Note 6 1 space per 50
seats
Public eating
establishments
1 per 2.5 seats or 1 per 40
square feet of dining area,
whichever requires the
greater number of parking
spaces
Note 3,
Note 6
1 per 50 seats
or 1 per 800 sq.
ft. of dining
area, whichever
requires the
greater number
of parking
spaces
Take-out only establishment
(including but not limited to
pizza delivery, ice cream
shops, doughnut shops)
1 per 75 sq. ft. of area
open to the public,
minimum of 5 spaces,
plus 1 per delivery vehicle
(if applicable)
Note 3,
Note 6
1 per 750 sq. ft.
of area open to
the public
General Retail
Alcohol, off-site sales 1 per 200 sq. ft. of floor
area
Note 3 and
Part 11,
Chapter
1 per 4,000 sq.
ft. of floor area
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20.80, Note
6 Auction house
1 per 2.5 seats, or 1 per
200 sq. ft. of auction area
exclusive of warehouse
area
Note 6 1 per 5,000 sq.
ft. of floor area
Food, beverage, groceries 1 per 200 sq. ft. of sales
area
Note 3,
Note 6
1 per 3,000 sq.
ft. of floor area
Plant nursery 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Open air sales
establishments and areas
1 per 200 sq. ft. of sales
area
Note 6 1 per 3,000 sq.
ft. of floor area
Outdoor vending 3 parking spaces
Part 10,
Chapter

20.80,
Note 6
2 parking
spaces
Pawn shop/broker 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Large format commercial
establishment
1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Large format commercial
establishment, associated
commercial
1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Retail sales, goods and
merchandise
1 per 200 sq. ft. of floor
area
Note 3,
Note 6
1 per 3,000 sq.
ft. of floor area
Retail sales of furniture 1 per 250 sq. ft. of floor
area
Note 3,
Note 6
1 per 4,000 sq.
ft. of floor area
Retail Art Studio 1 space per 200 sq. ft. of
retail area
Note 3,
Note 6
1 per 3,000 sq.
ft. of floor area
Sales, appliances, industrial
equipment, and machinery
1 per 1,000 sq. ft. of floor
area
Note 6
1 per 10,000
sq. ft. of floor
area
Neighborhood shopping
center (minimum 100,000
sq. ft. in size), includes a
mix of permitted, special,
and conditional uses
1 per 225 sq. ft. of floor
area
Note 1,
Note 6
1 per 3,000 sq.
ft. of floor area
at publicly
accessible
entrances with
locations to be
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determined
through a
development
permit
Neighborhood shopping
center (minimum 20,000 sq.
ft. in size), includes a mix of
permitted, special, and
conditional uses
1 per 200 sq. ft. of floor
area
Note 1,
Note 6
1 per 3,000 sq.
ft. of floor area
at publicly
accessible
entrances with
locations to be
determined
through a
development
permit
General Services
Bed and breakfast
2 spaces, plus 1 per guest
room, plus 1 per
employee
Note 6
1 per space
plus 1 per 10
guest rooms
Crematory 1 per full-time employee Note 6 1 per 10 fulltime employees Dry cleaner 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Hotel/motel 1 per guest room or suite,
plus 1 per employee
Section

20.90.220
C., Note 6
1 space plus 1
per 10 guest
rooms
Laundromat 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Maintenance and repair,
small consumer goods
1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Messenger services
1 per 200 sq. ft of floor
area, plus 1 per company
vehicle
Note 6 1 per 3,000 sq.
ft. of floor area
Mortuary and funeral
services
1 per 4 seats, plus 1 per
company vehicle Note 6 1 per 10 fulltime employees
Mortuary, excluding funeral
services
1, per full-time employee,
plus 1 per company
vehicle
Note 6 1 per 10 fulltime employees
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Personal services 1 per 200 sq. ft. of floor
area
Note 3 1 per 3,000 sq.
ft. of floor area
Photo processing and
developing 1 per 200 sq. ft. Note 6 1 per 3,000 sq. ft. of floor area Printing and publishing
Minimum 1 per 350 sq. ft.
of floor area, maximum
5% over minimum
required.

Note 6 1 per 5,000 sq.
ft. of floor area
Social service agency 1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Health and Veterinary Services
Animal boarding, indoor
1 per employee, plus 1
per 1,000 sq. ft. of floor
area
Note 6 1 per 10 fulltime employees
Animal grooming 1 per 200 sq. ft. of floor
area
Note 6 1 per 3,000 sq.
ft. of floor area
Emergency ambulance
station
1 per employee, plus 1
per on- site staff, plus 1
per facility vehicle
Note 6 1 per 10 fulltime employees
Hospital per in-patient
facility 1 per 2.5 beds Note 6 1 per 25 beds
Medical clinic/out-patient
facility
1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Medical, dental and health
practitioner
1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Veterinary clinic 1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Industry
Catalog and mail order
house
1 per 250 sq. ft. of floor
area of office space plus,
plus 1 per 1,000 sq. ft. of
floor area of warehouse
and distribution area
Note 6 1 per 4,000 sq.
ft. of floor area
Commercial support 1 per 350 sq. ft. of floor
area
Note 6 1 per 5,000 sq.
ft. of floor area
Distribution facility A minimum of 2 for
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floor area under 5,000
square feet; a minimum of
5 for facilities with a total
gross floor area between
5,000 sq. ft. and 25,000
sq. ft.; for facilities with a
total gross floor area in
excess of 25,000 sq. ft. a
minimum of 1 per 5,000
sq. ft. of gross floor area
or a fraction thereof
Establishment for the repair,
cleaning of household,
commercial or industrial
equipment or products
1 per 350 sq. ft. of floor
area
Note 6 1 per 5,000 sq.
ft. of floor area
Hazardous materials
storage facility
1 per employee plus 1 per
company vehicle Note 6 1 per 10 fulltime employees
Hazardous waste facility 1 per employee plus 1 per
company vehicle Note 6 1 per 10 fulltime employees
Industrial services 1 per 350 sq. ft of floor
area
Note 6 1 per 5,000 sq.
ft. of floor area
Junkyard 1 per employee Note 6 1 per 10 fulltime employees Laboratory 1 per 350 sq. ft. of floor
area
Note 6 1 per 5,000 sq.
ft. of floor area
Manufacturing and
assembly, light, medium,
heavy
1 per 350 sq. ft. of floor
area plus 1 per company
vehicle
Note 6 1 per 5,000 sq.
ft. of floor area
Miniwarehouse/ministorage
1 per 5,000 sq. ft. of floor
area, plus 1 per resident
manager
Note 4,
Note 6
1 per 10 fulltime employees
Outdoor storage 1 per employee Note 6 1 per 10 fulltime employees Private power generation 1 per employee plus 1 per
company vehicle Note 6 1 per 10 fulltime employees
Research and development 1 per 350 sq. ft. of floor
area
Note 6 1 per 5,000 sq.
ft.

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Stockyard, including
slaughter 1 per employee Note 6 1 per 10 fulltime employees Warehouse
A minimum of 2 for
warehouses with a total
gross floor area under
5,000 square feet; a
minimum of 5 for
warehouses with a total
gross floor area between
5,000 sq. ft. and 25,000
sq. ft.; for warehouses in
excess of 25,000 sq. ft. of
total gross floor area a
minimum of 1 per 5,000
sq. ft. of gross floor area
or a fraction thereof
Note 6 1 per 10 fulltime employees
Warehouse retail
Minimum 1 per 2,000 sq.
ft. of floor area; maximum
1 per 250 sq. ft. of floor
area
Note 6 1 per 10 fulltime employees
Wholesale sale
establishment
1 per 2,000 sq. ft. of floor
area, plus 1 per company
vehicle
Note 6
1 per 20,000
sq. ft. of floor
area
Offices and Financial
Services
Automatic teller machine
(free standing) 2 per machine Note 6 1 per 10 machines
Business support
1 per 200 sq. ft. of floor
area plus 1 per company
vehicle
Note 6 1 per 3,000 sq.
ft. of floor area
Financial institution 1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Offices, business and
administrative
1 per 250 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Offices, research and
development
1 per 300 sq. ft. of floor
area
Note 6 1 per 4,000 sq.
ft. of floor area
Private security 1 per 250 sq. ft. of floor
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per employee, plus 1 per
company vehicle
Public, Quasi-Public and Assembly Uses
Cemetery 1 per full-time employee Note 6 1 per 10 fulltime employees Church/religious assembly
1 per 4 fixed seats, or 1
per 6 linear feet of
seating, or 1 per 30 sq. ft.
of area designed for
assembly, used together
or separately for worship.

Note 6
1 per 60 fixed
seats, or 1 per
90 linear feet of
seating, or 1
per 450 sq. ft.
of area
designed for
assembly, used
together or
separately for
worship
Community television
antenna systems 1 per company vehicle Note 6 1 per 10 fulltime employees Museums and libraries 1 per 300 sq. ft. of area
open to the public Note 6
1 per 4,000 sq.
ft. of floor area
open to the
public
Parks and playgrounds 1 per 500 sq. ft. Note 6
1 per 5,000 sq.
ft. of outdoor
recreation
space
Community centers
1 per 4 fixed seats, or 1
per 6 linear feet of
seating, plus 1 per 200
square feet of area
without seating but
designed for meeting or
assembly by guests, plus
1 per 500 sq. ft. of outdoor
area developed for
recreational purposes
Note 6
1 per 60 fixed
seats, or 1 per
90 linear feet of
seating, plus 1
per 3,000 sq. ft.
of area without
seating but
designed for
meeting or
assembly by
guests, plus 1
per 5,000 sq. ft.
of outdoor area
developed for
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recreational
purposes
Utility facilities, excluding
corporation yards, storage
or repair yards and
warehouses
1 per 1.5 employees, plus
1 per company vehicle Note 6 1 per 10 fulltime employees Recycling Uses
Processing facility
1 per employee of the
largest shift, plus 1 per
facility vehicle
Note 6 1 per 10 fulltime employees
Transfer facility
1 per employee of the
largest shift, plus 1 per
facility vehicle
Note 6 1 per 10 fulltime employees
Small collection facility 1 per attendant Note 6 1 per 10 fulltime employees Residential
Co-living community with
shared full kitchen facilities .25 per bedroom Note 7 .5 per bedroom Emergency residential
shelter
1 per 4 beds, 1 per 250
square feet of area which
is used for office purposes
Section

20.90.220
G.
1 per 5,000 sq.
ft. of floor area
Guesthouse 1 per guest room, plus 1
per each employee Note 6
1 per 10 guest
rooms plus 1
per 10 full-time
employees
Live/work
No additional parking
required above what is
required for commercial
use parking
Note 6 1 per 5,000 sq.
ft. of floor area
Living quarters, custodian,
caretakers 1 per living unit Note 6 1 per 10 living units Mixed use/ground floor
commercial with residential
above
Respective commercial
and residential parking
requirements
combined
Note 6
Multiple dwelling
See Table 20-210 and
Table 20-211, required
parking is determined by
See Table 20-
210 and Table
20-211
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the type of parking facility
and the number of
bedrooms
One family dwelling 2 covered
Note 5 and
Section

20.90.220
B.

None
Residential care or service
facility
1 per first 6 client beds,
plus 1 additional space for
up to 4 client beds (or
portion thereof) above the
first six, plus 1 additional
space for each additional
four client beds (or portion
thereof), plus 1 space for
each employee or staff
member.

Section

20.90.220
G.
1 per 10 fulltime employees
Servants quarters attached
to a one-family dwelling or
attached to a garage
structure
1 additional parking space Note 6 1 per 10 fulltime employees SRO facilities within 2,000
ft. of public transportation Note 6 1 per SRO unit
SRO residential hotels .25 per SRO unit
SRO living unit facilities
with shared kitchen and
bathroom facilities
.25 per SRO unit
SRO living unit facilities with
partial or full kitchen and
bathroom facilities
1 per SRO unit
SRO facilities not within
2,000 ft. of public
transportation
1 per SRO unit Note 6 1 per SRO unit
Sororities, fraternities and
dormitories occupied
exclusively (except for
administrators thereof) by
students attending college
1 per guest room, plus 1
per employee Note 6
1 per guest
room plus 1 per
10 full-time
employees
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or other educational
institutions
Temporary farm labor camp
necessary to the gathering
of crops grown on the site
1 per dwelling unit None
Travel trailer parks 1 per employee Note 6 1 per 10 fulltime employees Two family dwelling
See Table 20-200,
required parking is
determined by the type of
parking facility and the
number of bedrooms
None
Transportation and Utilities
Common carrier depot 1 per employee, plus 1
per company vehicle Note 6 1 per 10 fulltime employees Data center
1 per 250 sq. ft. of
office/meeting/technician
work space, plus 1 for
each 5,000 square feet of
floor area, or fraction
thereof, devoted to
computer equipment
space
Note 6
1 per 5,000 sq.
ft. of
office/meeting/
technician work
space, plus 1
for each 50,000
sq. ft. of floor
area, or fraction
thereof devoted
to computer
equipment
space
Television and radio studio 1 per 250 sq. ft. of space
devoted to office use Note 6
1 per 5,000 sq.
ft. of space
devoted to
office use
Wireless communication
antenna 1 per site Note 6 1 per site
Vehicle Related Uses
Accessory installation,
passenger vehicles and
pick- up trucks
4 per vehicle work station,
plus 1 per employee Note 6 1 per 10 fulltime employees Auto broker, w/on-site
storage
See Vehicle sales and
leasing Note 6 1 per 10 fulltime employees
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Auto dealer, wholesale, no
on-site storage
1 per 250 sq. ft. of floor
area
Note 6 1 per 10 fulltime employees
Car wash
1 per employee, plus
stacking as follows:
self service- 5 cars per
lane
full service- 15 cars
(may be in multiple lanes)
Note 2,
Note 6
1 per 10 fulltime employees
Gas or charge station
1 per employee, plus 1
per air and water pump
service area, plus 1 space
for information stop
Note 6 1 per 10 fulltime employees
Gas or charge station with
incidental service and repair
4 per grease rack or
vehicle work station, plus
1 per employee, plus 1
per air and water pump
service area, plus 1 space
for information stop
Note 6 1 per 10 fulltime employees
Glass sales, installation and
tinting
4 per vehicle work station,
plus 1 per employee Note 6 1 per 10 fulltime employees Repair and cleaning per
detailing of vehicles
4 per grease rack or
vehicle work station, plus
1 per employee
Note 6 1 per 10 fulltime employees
Sale or lease of vehicles
1 per 350 sq. ft. enclosed
showroom, 1 per 2,500
sq. ft. open area, plus 2
per service bay
Note 6
1 plus 1 per 10
full-time
employees
Exclusively indoors sales 1 per 200 sq. ft. Note 6
1 plus 1 per 10
full-time
employees
Auto rental agency
1 per 400 sq. ft. of floor
area, plus 1 per rental
vehicle
Note 6
1 plus 1 per 10
full-time
employees
Sale, vehicle parts 1 per 200 sq. ft. of floor
area
Note 6
1 plus 1 per 10
full-time
employees
Tires, batteries,
accessories, lube, oil
4 per grease rack or
vehicle work station, plus
1 per employee
Note 6
1 plus 1 per 10
full-time
employees
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change, smog check
station, air conditioning
Tow yard 1 per employee, plus 1
per company vehicle Note 6 1 per 10 fulltime employees Vehicle wrecking, including
sales of parts 1 per employee Note 6 1 per 10 fulltime employees

Notes:

1. A covenant of easement is required when multiple parcels are involved.

2. Stacking shall be calculated at twenty feet per car.

3. Parking for uses of this type located within a Neighborhood Business District or an Urban Village and meeting all of the requirements set forth in Section 20.90.220C. may be reduced as specified in Section 20.90.220C.

4. Parking for miniwarehouse/ministorage uses meeting all of the requirements of Section 20.90.220F. may be reduced as specified in Section 20.90.220F.

5. Covered parking may include carports or garages.

6. When part or all of the bicycle parking spaces required for a land use is based on the number of full-time employees, that portion shall be provided in long-term bicycle parking facilities. When part or all of the bicycle parking spaces required for a land use is based on classrooms, that portion shall be provided in short-term bicycle parking facilities. When the bicycle parking required for a land use is based solely on square footage or other criteria in the table, at least eighty percent of the bicycle parking spaces shall be provided in short-term bicycle parking facilities and at most twenty percent shall be provided in long-term bicycle facilities.

7. Bicycle Parking shall be required for a co-living unit community, and shall be provided at a ratio of one bicycle space per two bedrooms. At least sixty percent of the bicycle parking shall be long term parking spaces; no more than forty percent may be short term parking spaces. Short term and RD:TLC:CER
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long term bicycle parking shall be designed per Part 2.5 of Chapter 20.90 of this Title.

SECTION 4. A new section is added to Chapter 20.200 of Title 20 of the San José Municipal Code, to be numbered, entitled and to read as follows:

20.200.197 Co-Living Community.

A "Co-Living Community " is a residential facility where individual secure bedrooms rented to one or two persons, are provided for an established period of time with a lease agreement, in exchange for an agreed payment of a fixed amount of money. To be considered a Co-Living Community, shared full kitchen facilities must serve ten or more bedrooms, and must include interior common space excluding janitorial storage, laundry facilities and common hallways. A bedroom that contains a full kitchen facility is not a Co-Living Community for the purposes of this code section.

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PASSED FOR PUBLICATION of title this _____ day of ___________, 2019, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk
Department ofPlanning, Building and Code Enforcement

CAPITAL OF SILICON VALLEY ROSALYNN HUGHEY, DIRECTOR

DETERMINATION OF CONSISTENCY WITH THE ENVISION SAN
JOSE 2040 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT

REPORT AND SUPPLEMENTAL PROGRAM ENVIRONMENTAL
IMPACT REPORT (SCH# 2009072096) AND ADDENDA THERETO.

Pursuant to Section 15168 ofthe California Environmental Quality Act (CEQA) Guidelines, the City of San Jose has prepared a Determination ofConsistency with the Envision San Jose 2040 General Plan Final Environmental Impact Report and Supplemental Program Environmental Impact Report (SCH# 2009072096) and Addenda thereto because proposed amendments to Title 20 (Zoning Code) ofthe San Jose Municipal Code described below are pursuant to, in furtherance of and within the scope ofthe previously approved program evaluated in the above noted Final Environmental Impact Reports (FEIRs) and do not raise new issues about the significant impacts on the environment beyond those analyzed in the FEIRs.

File Number and Project Name: PP18-101- Proposed City-initiated amendments and additions to Title 20 ofthe San Jose Municipal Code (the Zoning Code) to allow “Co-living Community” use within the San Jose Downtown Area. The proposed actions include an ordinance amending Title 20 (the Zoning Code) ofthe San Jose Municipal Code to:
i) Add “Co-Living Community” as an enumerated use in the Downtown Zoning Districts, add new Part 3.75 to Chapter 20.80 to establish the rules and regulations related to CoLiving Community, add related parking requirements, and amend Chapter 20.200 to add a definition for Co-living Community; and
ii) Make other technical, non-substantive, or formatting changes to Title 20.

Location: San Jose Downtown Area as defined in Section 20.70.020 - Downtown Zoning Districts and Overlays in the Zoning Code.

The environmental impacts ofthis project were addressed by the Envision San Jose 2040 General Plan Final Environmental Impact Report, the Supplemental Program Environmental Impact Report (SCH# 2009072096) and Addenda thereto.

The following impacts were reviewed and found to be adequately considered by the FEIRs:

Co-Living Ordinance — Determination ofConsistency Page 2 of5 Aesthetics
Biological Resources
Greenhouse Gas Emissions
Land Use
Population and Housing
Transportation/Traffic
Growth Inducing
Agriculture Resources
Cultural Resources
Hazardous Materials
Mineral Resources
Public Services
Utilities & Service Systems
Cumulative Impacts
]Air Quality
]Geology and Soils
^Hydrology & Water Quality
]Noise
]Recreation
]Energy
]Mandatory Findings of Significance

ANALYSIS
Housing Crisis Workplan
In his September 27, 2017 memo, Mayor Liccardo established a goal of creating 25,000 housing units, with at least 10,000 ofthose units being for affordable housing, in the City ofSan Jose. This goal was meant to build upon existing efforts to intensify density in approved growth areas under the 2040 General Plan. The City Council approved the Mayor’s memo and recommendations at the October 2017 Priority Setting session. This approval made the creation of 25,000 housing units a Council goal and priority. With the Council approval ofthis plan, staffwas tasked with developing a Housing Crisis Workplan to facilitate the construction ofthese units. The Mayor directed staffto get to this goal by updating the provisions ofthe Downtown Zoning Districts to minimize parking requirements for residential uses and encouraging density and development. The Mayor tasked staff with implementing innovative planning approaches that facilitate the reduction in development costs so that more people can be housed quickly. This overall work item has a variety of components that staffwill continue to work on over the next five years.

In the immediate term, staffis considering more ways to provide needed housing throughout the City and in Downtown specifically. One ofthese ways is group housing, or “co-living,” as a new residential use in the Downtown. The development community has approached staff about this housing model, and up until recently, staffwas unable to entertain this type ofresidential use, given the limitations ofthe existing Zoning Code. Based on the Mayor’s direction, and the clear need for additional housing options, staffis recommending adding this housing model as an enumerated residential use in the Downtown.

Co-Living Communities
This use will be allowed only in the Downtown Primary Commercial and Downtown Commercial-Neighborhood Transition 1 Zoning Districts. Group housing, or “co-living,” has become part ofa solution to the existing housing crisis in the Bay Area. This co-living concept centers around renting bedrooms in a larger multi-unit complex where one or two individuals can enter a lease agreement for a single bedroom (with or without a private bath) and use shared kitchen and bath facilities, and common living space with other tenants. The Zoning Code does not currently support this type ofresidential use. Staffis proposing to add “co-living community” as an enumerated use in the Downtown Zoning Districts. Should this use prove to be a successful residential type for the City, staffwill consider expanding this use to other growth areas outside of Downtown.
2 Co-Living Ordinance — Determination ofConsistency Page 3 of5 This new use will be required to provide ample common living space for residents, provide extensive bicycle parking, and offer other transportation demand management (TDM) incentives that support this urban living option. These incentives could include but are not limited to those TDM measures listed in section 20.90.220. l.d ofthe Zoning Code such as carpool/vanpool share programs, bike-share programs, car-share programs, unbundled parking, and other incentivebased measures that encourage residents to use alternatives modes oftransportation rather than personal vehicles.

Consistency with General Plan EIR and Supplemental EIR
One ofthe key strategies analyzed the Envision San Jose 2040 General Plan EIR includes providing a wide variety ofhousing opportunities to meet the needs of all economic segments ofthe community in stable neighborhoods. The Envision San Jose 2040 General Plan EIR as supplemented and addended provides capacity for the development ofup to 382,000 newjobs and 120,000 new dwelling units through 2040, supporting a population of approximately 1,379,108 people by 2040.

This scenario also incorporates existing planned growth areas (Downtown, North San Jose, Specific Plan areas, other employment lands, etc.) and adds growth capacity primarily in specific areas ofthe city (transit and commercial corridors and villages). In accordance with the General Plan EIR, as supplemented and addended, the new Growth Areas were chosen to create a more interconnected city with strong linkages to transit and the Downtown, or to provide additional services in existing neighborhoods through the development ofneighborhood villages with the intent ofpromoting transit use and reducing the need for automobile travel while achieving other General Plan goals. The General Plan focuses on new housing growth within identified Growth Areas and precludes largescale residential development from occurring on sites outside ofthese Growth Areas. These planned Growth Areas were identified to promote transit use, address multiple environmental concerns and to align with the overall General Plan goals.

The General Plan specifically includes the following policies:

1. Housing Policy H-3.2: Design high density residential and mixed residential/commercial development, particularly development located in identified Growth Areas.

2. Design Policy CD-6.1: Recognize Downtown as the most vibrant urban area of San Jose and maximize development potential and overall density with the Downtown.

3. Design Policy CD-6.2: Design new development with a scale, quality, and character to strengthen Downtown’s status as a major urban center.

Conclusion:

The proposed “co-living community” use is a new housing form that allows more bedrooms than a traditional multifamily dwelling unit. The density ofthis proposed use will not necessarily be reflected in a specific dwelling unit count, but it will allow the development community to house more people to address the current housing crisis. This new use will only be enumerated as a use in the Downtown Zoning Districts, in Downtown, a growth area identified by the General Plan as one ofthe main areas anticipated for growth. This residential use offers more residents the opportunity to be near services and amenities ofDowntown. This use will also provide more individuals with the ability to have access to transit and be less reliant on their vehicles.

The proposed project is within the scope ofthe San Jose Downtown area that was analyzed in the the Envision San Jose 2040 General Plan Final Environmental Impact Report, Envision San Jose 3 Co-Living Ordinance — Determination ofConsistency Page 4 of5 2040 General Plan Supplemental FEIR, and Addenda thereto, and the project complies with applicable General Plan policies. Given the proposed project description and the analysis, the City has concluded that the proposed project would not result in any new impacts that have not been previously identified in the Envision San Jose 2040 General Plan FEIR, and Envision San Jose 2040 General Plan Supplemental EIR, and Addenda thereto; nor would the project result in a substantial increase in the magnitude of any significant environmental impact previously identified in the previously certified EIRs. The proposed project, therefore, will not result in new impacts or impacts of greater severity than those previously identified in the Envision San Jose 2040 General Plan FEIR, and Envision San Jose 2040 General Plan Supplemental FEIRto the, and addenda thereto.

Rosalynn Hughey, Director
Planning, Building and Code Enforcement
Attachment:

1. Map ofDowntown Boundary Area
4 Co-Living Ordinance — Determination ofConsistency Page 5 of5 Map ofDowntown BoundaryArea
5 The following
items were
received after
packets were
distributed.

From: Shawn Milligan <[email protected]>
Date: January 25, 2019 at 4:31:28 PM PST
To: Rosalynn Hughey <[email protected]>
Cc: "[email protected]" <[email protected]>, Kelly Kline <[email protected]>, "Ferguson, Jerad" <[email protected]>, Mark Tersini <[email protected]>, Nathan Miller <[email protected]>, "Kevin Sauser" <[email protected]>, Eli Sokol <[email protected]>
Subject: KT Urban | Draft Co-living Ordinance Comments
Hi Rosalynn,
We respectfully submit our comments for next weeks Planning Commission meeting on the draft coliving ordinance.

Thanks and have a fantastic weekend.

Shawn Milligan
KT Urban
21710 Stevens Creek Boulevard
Suite 200
Cupertino, CA 95014
Cell (408) 838-8655
Office (408) 257-2100
www.kturban.com
This email may contain information that is confidential or attorney-client privileged and may constitute inside information. The contents of this email are intended only for the recipient(s) listed above. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges.

Any “Financial Analysis” is provided as a courtesy so that you may have available one of the analytical methods available to others who are making decisions about real estate. However, since this analysis is only one of many such methods of evaluation, and since its utility depends in part on your objectives and the assumptions upon which the analysis is based, we strongly recommend that this analysis and the assumptions upon which it is based be interpreted for you by an accountant or other professional who is an expert.

PP18-101

5.b.

From: Don Tomita <[email protected]>
Sent: Friday, January 25, 2019 5:15 PM
To: Hughey, Rosalynn; Ankola, Aparna; Ferguson, Jerad; raul Alcaraz Subject: San Jose Draft Ordinance - Ollie
Hi Rosalynn - please see the attached PDF with our initial comments and questions on the Coliving Ordinance Draft.

We truly appreciate the interest that the city has in the Coliving space and the efforts they are taking to build out code around it.

As I had mentioned previously, our particular coliving model stems from multi-family housing and some of our comments and questions reflect that. From the Coliving types that we have seen there seem to be two different approaches: SRO and Multifamily. The current ordinance presented does a nice job addressing the SRO approach, but it would be remiss of us if we did not mention the multifamily approach. It seems like the cluster portion hinted at it but it limits our sub 10 bedroom approach. We typically have units ranging from micro-studios to 6 bedrooms.

That said we look forward to meeting with you in the coming weeks and please do not hesitate to reach out to us in the meantime.

And again, we really appreciate the time being taken to address Coliving! Best
DON TOMITA | Director of Project Development
O: +1-347-719-2050 | D: +1-347-719-2383
1160 Battery St East Suite 100 San Francisco CA 94111
Ollie | Bedvetter | Ollie Social | Ollie Provisions Co.

Facebook | Instagram | Linkedin | Pinterest
Ollie Comments and Questions on 01/18/2019 Coliving Ordinance Draft ‐ General:
o Coliving models vary from company to company and currently this code addresses just one of those coliving models. Products like Ollie stem from a multi-family housing approach, so I think it would be beneficial to include a portion that addresses another avenue of Coliving facilities that isn’t born out of the SRO model. o SRO code says “All SRO units shall comply with all applicable accessibility and adaptability requirements.” Is this also required in the Coliving Facilities? o How do these requirements fit within mixed use projects? o Overall seems a bit confusing in regards to how bedrooms can be oriented in the space.
‐ Parking Ratio
o We think the .25:1 ratio exceeds the needs within the coliving market. In dense downtown cores, where public or shared transportation is easily accessible, we believe the market should dictate the need for parking. All of our projects that are being planned in dense downtown environments do not contain any parking. That said we understand that zero parking will be a hit on the marketability of the product and propose that the coliving group provides what they perceive as sufficient accommodations. Suggest .2:1
o The parking requirements will have an increased financial impact on the project. o The parking will increase the load of traffic in the surrounding neighborhood o Car share programs require less of a need for the proposed parking ratio. o Future BART extension will add additional public transportation ‐ Bike parking
o In our current inventory of projects, we have worked with much looser bike parking requirements. For our NYC projects we have a requirement of 1 spot per 2 units. Even with this reduced ratio in comparison to what is proposed, we have very large bike rooms with at most 10% of the racks being used. Suggest .1:1 o Bike share programs require less of a need for the elevated level of bike storage required.
o Future BART extension will add additional public transportation ‐ Coliving should be located in a new section. Having Coliving as a subcategory under the SRO will result in negative connotation of the new use-group. ‐ B-1
o How is the number of occupants enforced?
o Insert “…at least one hundred and fifty (150)…”
o Are the 100 and 150SF of contiguous space?
o Please clarify that the 275 and 400 SF markers are only subject to the other coliving facility bedrooms in the case of mixed use.
‐ B-2
o Oddly phrased, sounds as if each bedroom has to have the ability to accommodate 2 people.
o Does this require a furniture plan for proof of concept? PP18-101

5.b.

o Please clarify “lateral or loft configuration”
‐ B-3-1
o Please define cluster and what the parameters are to create a cluster. Is a cluster a variation of a dwelling unit?
o If kitchen is not located in bedroom should be allowed to have a full kitchen. o Is this 4-6 bedroom number required in order to fall under coliving? We view coliving as having the ability to provide bedrooms with a range of privacy and interactive levels.
o Does the “additional common space requirement” have to fall within the area of this cluster? B7 states it can be on a different floor.
o This point seems to contradict the rest of the Chapter. ‐ B-4
o How is “adequately serve” determined / defined?
‐ B-6
o Please define external entryways. Is this to the exterior of the building or internal circulation corridor? If meaning internal circulation corridor suggest removing. ‐ B-8
o Built-in closets impact the efficiency of the smaller spaces due to the clearances required to access the bedroom and the closet. Better in-unit layouts can be achieved through FF&E. Ollie provides storage space through wardrobes, dressers, etc. o At the moment the “closet and designated storage space” seems to be worded very loosely. How is adequate storage determined?
‐ B-10
o What if laundry is provided “in-cluster”?
‐ B-11
o How is the management plan to be submitted, when is it to be submitted, and how is it enforced?
‐ B-13
o Why is a TDM required if reduction in parking is not being sought? TDM puts a very large burden on the developer/operator and will largely deter future interest of the development community.

A "co-living facility" is a residential facility where individual secure bedrooms, of a smaller size than normally found in multiple dwellings, are rented to one or two persons. Co-living facilities contain bedrooms that are provided for an established period of time with a lease agreement, in exchange for an agreed payment of a fixed amount of money. To be considered a co-living facility, shared full kitchen and bathroom facilities must serve ten or more bedrooms, and must include interior common space as provided in section 20.80.1300. A bedroom that contains both complete bath and kitchen facilities, is considered a studio and not a bedroom for the purposes of this code section. o If below 10 bedrooms does this fall under multi-family? Confusing with the introduction of clusters above.

PP18-101

5.b.

From: Eli Sokol <[email protected]>
Sent: Wednesday, January 23, 2019 7:56 PM
To: Hughey, Rosalynn
Cc: Mo Sakrani; Brilliot, Michael; Lipoma, Emily; Ankola, Aparna; Ferguson, Jerad; Kline, Kelly Subject: Co-living Ordinance
Hi Rosalynn,
I hope that all has been well with you.

The Starcity team has had a chance to review the draft co-living language for the proposed ordinance amendment that was circulated earlier this week. First, I'd like to express once again how energized we at Starcity have been by San Jose's enthusiasm for the co-living use, and we have really enjoyed the collaborative effort working with Planning staff thus far on this effort. I believe that this proposed ordinance change is well on its way.

There are a few key areas we have identified in the attached summary that have critical implications to the feasibility of 199 Bassett St, and further would have significant impact on the viability of future co-living projects in San Jose.

Some of these items such as the Parking/Bicycle minimum ratios may already be on your radar. Ultimately, we are supportive of rigorous and thoughtful Co-Living requirements that encourage the creation of quality affordable urban living in the heart of the city, and at the same time, allow sufficient flexibility to achieve this goal.

Our team would gladly meet or set up a call to discuss further or share any supporting information/data to help your team work towards finalizing this proposal. Thank you for all of your efforts! All the best,
Eli
Eli Sokol Development
M 305-439-2235
[email protected]
1020 Kearny St | San Francisco, CA 94133 | starcity.com January 23, 2019
Starcity
Proposed Co-Living Amendment - Notes
● The Co-Living Use should exist in a stand-alone section of the Planning Ordinance, rather than as a sub-category of SROs, so as not to confuse or conflate these uses, which are wholly distinct.
● Parking Ratio
o The .25:1 ratio exceeds the demand we anticipate in Downtown San Jose. o In San Francisco, the projects we are operating or developing (including a 270-unit vertical high-rise) contain no parking, nor are they required to by the city. o Since the co-living use would at least initially be limited to Downtown San Jose, there is precedent for not requiring any parking minimums. Our Bassett Street site has excellent access to bike, light rail, commuter rail, and bus service, and it is highly walkable to the existing downtown core as well as the anticipated commercial developments near Dirdon Station.
o We ultimately have designed our project to sufficiently accommodate the demand for parking that we anticipate (current effective ratio .23:1), and it would be to our own detriment to not provide adequate stalls for our residents. To provide additional stalls would moreover require an additional level of subterranean parking, which is a major financial impediment to the project. o In general, parking ratios should be in reference to Units, not Bedrooms, in order to be consistent with other use requirements
● Bicycle Ratio
o The .5:1 ratio greatly exceeds bike requirements that exist in much denser, established bicycle-oriented cities such as San Francisco or Portland o For a project of this size, San Francisco group housing regulations would require 165 Class 1 spaces and 16 Class 2 spaces for a total of 171 spaces. Portland requires 1 space for every 20 residents in group housing. o Link to SF Requirements (Group Housing on Page 29):
https://www.sfbos.org/ftp/uploadedfiles/bdsupvrs/ordinances13/o0183-13.pdf o Our latest SPA includes a proposed 324 spaces, which is nearly 2x what would be required in more bicycle-oriented cities. We have included this high amount of bike parking to help encourage sustainable transit and reduce auto-dependency, but do not believe that a greater requirement is justified. o We are also considering ways to incorporate bike-sharing into these facilities, which may further reduce the need for more parking.
o Ratio should be in reference to Units, not Bedrooms, in order to be consistent with other use requirements
● Ch 15.5, B-2: To clarify, if the minimum bedroom size is 100 SF, than bedrooms would not have to necessarily be designed for 2 occupants unless desired by the builder, in which case bedroom size would have to be at least 150 SF per item B-1. We are unclear on meaning of the language “lateral or loft configuration.” January 23, 2019
● Ch 15.5, B-3: We suggest eliminating this item, as it is in direct conflict with the Co-Living Facility definition. The Co-Living Facility definition indicates that a shared kitchen and bathroom facility must serve 10 or more bedrooms, and must include common space to be considered a Co-Living facility. We strongly agree with this definition. This is what distinguishes Co-Living from traditional Multi-Family, and that 4 to 6 bedroom cluster as noted in B-3 should not qualify.
● Ch 15.5, B-6: We are unclear on the meaning of “external entryways” ● Ch 15.5, B-8: All Starcity units contain some form of personal storage for residents (i.e. dresser, armoir, etc), but it is often times not a closet. Practically speaking, this requirement is too prescriptive, and should allow for Co-Living housing to provide storage for its residents at its own discretion.
● Ch 15.5, B-13: Historically, TDM plans are required in order to satisfy certain transportation-based requirements that have otherwise not been met by a given project.

We feel strongly that our project includes abundant transportation resources and access for future residents. Requiring a TDM plan even if base parking/bicycle requirements are met is unprecedented in group housing development and would be a substantial deterrent for future projects that might otherwise be located in dense, walkable, urban areas.
● Co-Living Facility:
o The following are suggested edits to the definition included in the draft document:
o A "co-living facility" is a residential facility where individual secure bedroom units of a smaller size than normally found in multiple dwellings, are rented to one or two persons. Co-living facilities contain bedroom units that are provided for an established period of time with a lease agreement, in exchange for an agreed payment of a fixed amount of money. To be considered a co-living facility, shared full kitchen and bathroom facilities must serve ten or more bedrooms, and must include interior common space as provided in section 20.80.1300. A bedroom that contains both complete bath and kitchen facilities, is considered a studio and not a bedroom for the purposes of this code section.

PP18-101

5.b.
________________________________________
From: Nathan Miller <[email protected]>
Sent: Tuesday, January 29, 2019 1:45 PM
To: Ankola, Aparna
Cc: Hughey, Rosalynn; Brilliot, Michael; Mark Tersini ([email protected]); Shawn Milligan ([email protected]); Kevin Sauser
Subject: co-living ordinance feedback
Aparna,
Attached are comments and feedback regarding the proposed co-living ordinance.

Thanks,
NATHAN MILLER ∙ ASSOCIATE PRINCIPAL ∙ AIA ∙ NCARB · LEED AP C2K ARCHITECTURE INC
1645 NW Hoyt ∙ Portland, OR ∙ 97209
P 503 444 2200 D 503 444 2229 C 503 367 4554
1 6 4 5 N W H O Y T S T R E E T P O R T L A N D O R E G O N 9 7 2 0 9 5 0 3 4 4 4 2 2 0 0 W W W . C 2 K A R C H . C O M January 29, 2019
Aparna Ankola
Planning Division - PBCE, City of San Jose
200 E. Santa Clara Street
San Jose CA 95113
Re: Co-Living Ordinance
Dear Aparna,
Thank you for the opportunity to provide feedback on this important proposal and for the leadership and innovation shown by City of San Jose to address housing accessibility.

Following are suggestions and comments on the published draft Ordinance change.

Co-Living is proposed as Part 15.5, which is a subsection of SRO. We suggest moving Co-Living to a new Part 23, to distinguish from SRO facilities.

20.80.1300
A. suggest removing the word “non-traditional”
B.1. we suggest you reconsider the requirement for 2 person occupancy be at least 150 sf.

B.2. the phrase “lateral or loft configuration” is unclear and may be unnecessary.

B.3. the reference to 4 to 6 bedroom clusters is confusing when compared to the later definition which references a 10 bedroom threshold. Please clarify the intent of this section.

B.6. why are external entryways prohibited? Is this a carry-over from an SRO requirement? B.8. we suggest you give the option for storage to be provided in something other than a built-in closet.

B.13. why is a TDM required if parking reductions are not sought?

20.200.1150
The proposed definition references bedrooms “of a smaller size than normally found in multiple dwellings,” This is not accurate as 1bed, 2bed apartments or condos can have bedrooms of a small size. We suggest the phrase be removed from the definition.

The proposed definition states “To be considered a co-living facility, shared full kitchen and bathroom facilities must serve ten or more bedrooms, and must include interior common space as provided in section 20.80.1300” Aparna Ankola
J a n u a r y 2 9 , 2 0 1 9
P a g e 2
1 6 4 5 N W H O Y T S T R E E T P O R T L A N D O R E G O N 9 7 2 0 9 5 0 3 4 4 4 2 2 0 0 W W W . C 2 K A R C H . C O M This seems to suggest that the threshold for a project falling into a co-living type versus a multi-family or other type is 10 bedrooms or more, acting as a “unit”.

Please consider revising section to be clearer about what makes a facility co-living vs. multifamily. For example, if a floor contains 20 bedrooms and 3 kitchens, could you argue that it is not co-living? Possible suggestion for revision: "If a floor or portion of a floor, separated by demising walls from the other portion of the floor, contains 10 or more bedrooms with shared full kitchen and common living spaces, then a residential facility is considered co-living. Sleeping units within the co-living facility may have dedicated or shared bathroom facilities. Buildings or portions of residential facilities that contain 9 or fewer bedrooms, with shared full kitchen and common living facilities are considered multiple dwelling units. By this definition, multiple dwelling units may have up to 9 bedrooms."
Table 20-190
Note 7. Proposed bicycle parking ratio is very high. An alternate option would be to allow some of the bike parking spaces to be provided in the units, if the Owner choses. Some jurisdictions allow a bike wall rack in a unit, to satisfy the bike space requirement.

Sincerely,
Kevin Sauser, AIA, NCARB, Principal
C2K Architecture, Inc.

California Architectural License #C-31859
PP18-101

5.b.

From: Hughey, Rosalynn
Sent: Saturday, January 26, 2019 7:55 AM
To: Provedor, Jennifer; Ankola, Aparna; Brilliot, Michael Subject: Fwd: KT Urban | Draft Co-living Ordinance Comments Begin forwarded message:

From: Shawn Milligan <[email protected]>
Date: January 25, 2019 at 4:31:28 PM PST
To: Rosalynn Hughey <[email protected]>
Cc: "[email protected]" <[email protected]>, Kelly Kline <[email protected]>, "Ferguson, Jerad" <[email protected]>, Mark Tersini <[email protected]>, Nathan Miller <[email protected]>, "Kevin Sauser" <[email protected]>, Eli Sokol <[email protected]> Subject: KT Urban | Draft Co-living Ordinance Comments
Hi Rosalynn,
We respectfully submit our comments for next weeks Planning Commission meeting on the draft coliving ordinance.

Thanks and have a fantastic weekend.

Shawn Milligan
KT Urban
21710 Stevens Creek Boulevard
Suite 200
Cupertino, CA 95014
Cell (408) 838-8655
Office (408) 257-2100
www.kturban.com
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