Chapter 18.75 — EMPLOYEE HOUSING

This chapter is intended to identify employee housing facilities consisting of 7 or more persons as primarily a business use that may be compatible with residential uses subject to a conditional use permit, and to establish additional zoning regulations on this use consistent with the public health and safety and good planning practices. (Ord. 2019-482 §8)

For purposes of this chapter, "employee housing" means employee housing as defined in Section 18.08.328 of this title when 7 or more employees are housed in a dwelling unit or on a single parcel if there is also an accessory dwelling unit and/or a junior accessory dwelling unit in addition to the primary dwelling unit on the parcel.

(Ord. 2019-482 §8)

• A. The requirements set out in this chapter apply to and are conditions of all employee housing facilities within the City. Failure of an operator of an employee housing facility to comply with the provisions of this chapter is a public nuisance and is subject to the administrative penalties, citations, fines and hearing procedures of the City of Guadalupe.

• B. Frequent or an unusual number of calls for service or public complaints for an employee housing facility, as determined by the Director of Public Safety, may lead to review and imposition of additional conditions or revocation of the conditional use permit issued for the facility.

• C. Pursuant to California Health and Safety Code Section 17021.5 , employee housing providing accommodations for six or fewer employees in a dwelling unit is a residential use of property, and therefore, is not subject to the provisions of this chapter.

• D. All employee housing facilities shall comply with the processing procedures for a conditional use permit as provided in Chapter 18.72 .

• (Ord. 2019-482 §8; Ord. 2023-515, 2/27/2024)

Development of new residential units shall conform to the density, development standards, permit requirements and other regulations of the underlying zone district and shall be processed in the manner specified by this title.

(Ord. 2019-482 §8)

• A. In order to prevent the operation of employee housing from creating situations or impacts beyond that which is normal, expected, and consistent with the general welfare, owners and operators of an employee housing facility shall ensure continued compliance with the following criteria:

  1. As required by State law, no employee housing facility shall be allowed to be operated without first obtaining certification by the State Workforce Agency that the employee housing facility complies with Federal and State program standards. Prior to use of a property for employee housing, the owner or operator of the employee housing facility shall provide the City with proof of certification by the California Employment Development Department and/or California Department of Housing and Community Development acting as the State Workforce Agency.

  2. The owner and operator of a dwelling used for employee housing shall consistently maintain the dwelling and property, including maintaining landscape, so as not to create a public nuisance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Guadalupe Municipal Code. Any graffiti on the property shall be promptly removed or painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration.

  3. Employee housing shall comply with all applicable residential development standards of the underlying zone district and the per-unit parking requirements of Title 18.

  4. Garages (detached or attached) or other accessory buildings not permitted as dwelling units shall not be used to house employees.

  5. Common living areas (kitchens, dining rooms, living rooms, family rooms, etc.) within existing units shall not be converted to, or used for, additional sleeping areas.

  6. The appearance of the dwelling or property shall not be modified (either by color, materials, construction, signs, lighting, sounds, etc.) so as to be recognized as serving as an employee housing use.

  7. No commercial signs shall be permitted on the property or on vehicles parked at the property.

  8. Any vehicles associated with the operation of an employee housing facility, including, but not limited to, employee transportation, deliveries and company vehicles, shall not impede vehicular or pedestrian traffic or block any driveway or sidewalk.

  9. Vehicles, 16 passenger capacity and larger, shall not be parked on the property or on adjacent streets, other than in the active process of picking up or dropping off employees.

  10. The operator shall establish a 24-hour emergency contact phone number.

• B. An operator of a proposed employee housing facility may request modifications to the above criteria through the conditional use permit application and process.

• (Ord. 2019-482 §8)