East Palo Alto Municipal Code Ch. 14.20 Senior Housing

It is the policy of the City of East Palo Alto consistent with California Housing Element Law (Government Code §§ 65580-65589.8) to provide senior housing and to reduce project cost and enhance unit affordability by revising zoning and development standards for such projects.

(Ord. No. 344B, § 1, 7-19-2011)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth below:

1. "Eligible occupants" means at least one person in residence in each unit shall be a senior citizen and each other resident who is not a senior citizen in the same unit shall be required to be a qualified permanent resident, a permitted health care resident, or a person whose occupancy is permitted under subdivision (b) of Civil Code Section 51.4.

a. "Permitted health care resident" has the meaning set forth in the Unruh Civil Rights Act.

b. "Qualified permanent resident" has the meaning set forth in the Unruh Civil Rights Act.

c. "Senior citizen" has the meaning set forth in the Unruh Civil Rights Act.

2. "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens.

(Ord. No. 344B, § 1, 7-19-2011)

1. Accessibility and Services. To the extent that specific physical features and services are required for the project, property and units to meet federal and state requirements, the project operator covenants to construct, maintain, repair and provide such physical features and services, as applicable.

2. Advertising. All advertising and publications shall disclose the status of the project as a senior citizen housing development.

3. Affordability. Units within a senior citizen housing development shall be restricted as to affordability based upon the income restrictions placed upon housing units as enforced by the federal government, the state government or any funding agency.

4. Annual Report; Recertification. On an annual basis, the project operator shall submit a report to the city which contains a certification or recertification of the occupant eligibility for each unit, copies of the advertising published regarding the project, the current form of lease/rental agreement with its attachments, and such other documents as may be reasonably requested by the city. The annual report shall be based on information supplied by the tenant or occupant of each unit in a certified statement on a form provided or previously approved by the city.

5. Ineligible Parties. Unless otherwise prohibited by state or federal law, the project operator shall prohibit any person who has not been determined to be an eligible occupant based on the annual report from continuing to rent or occupy a unit and shall cause any such person to vacate any unit so rented or occupied. Unless otherwise prohibited by state or federal law, when a unit is completely vacated, for any reason whatsoever, the unit shall then again be rented or otherwise made available only to eligible occupants.

6. Lease Provisions. All leases and/or rental agreements shall provide for the enforcement of this chapter, state and federal senior citizen housing development requirements and the project's written rules regarding these restrictions.

7. Senior Housing. To qualify as a senior citizen housing development, a project must be restricted to eligible occupants and qualify as "housing for older person" under the Federal Fair Housing Act (46 U.S.C. §§ 3600 et seq.), and "senior citizen housing" under the Unruh Act (Cal. Civ. Code §§ 51 et seq.) and be subject to federal and state housing laws forbidding discrimination based on familial status.

8. Term of Senior Housing Obligations. The obligations contained herein shall apply during the term of the restriction, provided however, that the expiration of these obligations shall in no way reduce the obligation of the project to comply with local, state and federal law, including but not limited to the applicable zoning and permit requirements.

(Ord. No. 344B, § 1, 7-19-2011)

Senior housing development project design standards and principles:

1. Off-Street Parking. One (1) parking space shall be provided per unit. Parking can be tandem or uncovered, so long as applicants submit a parking study to document the appropriateness and feasibility of the parking proposed. The planning commission is authorized to modify the parking requirement if the applicant can demonstrate that complying with the requirement will place an undue financial or site development burden upon the project.

2. Bicycle Parking. One (1) Class I bicycle parking space for every thirty (30) units plus one (1) Class II parking space for every thirty (30) units shall be provided.

3. One (1) Level Living. All living features (kitchen, bath, fireplace, laundry) in residential units should be located on one (1) level. At least one (1) entrance must be accessible without stairs. Additionally, project applicants shall ensure adequate accessibility to senior residents by complying with Chapters 11A (Housing Accessibility) and Chapter 11B (Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Publicly Funded Housing) of the California Building Code.

4. Density Bonus. All eligible projects may receive a density bonus, under the provisions of Section 65915 of the Government Code, and the provisions of the Zoning Ordinance, as administered by the city.

5. Planned Community Permit. Applicants are encouraged to apply for a planned community permit in order to provide greater flexibility in the design of the proposed project, including reduced setbacks and increased height limits, if these design concessions will provide an incentive for the development of senior housing.

6. Lighting. The applicant shall submit a lighting plan showing all parking lot and exterior building lighting, including details on standard design, coverage and intensity for review and approval by the planning division manager prior to issuance of any building permits.

7. Security. A security plan shall be submitted to the planning division manager for review by the police department to ensure crime prevention through environmental design (CPTED) principles is incorporated into the project.

8. Management Plan. A management plan for the senior housing project shall be submitted to the planning division manager or designee. The management plan shall include, but not be limited to, an identification of what medical, preventive health, and other services are available to residents.

9. Transportation. Project proponents are encouraged to identify sites located within one-quarter (¼) of a mile of a transit station, rail station, commuter rail station, bus station or bus stop.

10. Access to Open Space and Services. Project proponents are encouraged to identify sites located within a half (½) mile of a park, recreational facility and/or medical services.

11. United States Housing and Urban Development (HUD) Funding. Applicants are encouraged to apply for Section 202 (Supportive Housing for the Elderly) funding.

(Ord. No. 344B, § 1, 7-19-2011)