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If such units were to be counted as housing units and applied towards the cap, <br /> fewer conventional housing units would be available to be built under the cap than are <br /> now anticipated. <br /> Regarding second units,they would not be counted due to the provision of State <br /> law that mandates that second units shall not be counted as housing units for the purposes <br /> of any policy to limit residential growth.'4 <br /> Regarding assisted living facilities,the City's historical practice has been to <br /> consider such facilities as commercial uses and therefore not counted as"housing units" <br /> towards the housing cap.'s This has been the practice because these facilities have been <br /> generally approved in commercially zoned areas, have characteristics of conunercial <br /> facilities(e.g., employees, provision of services for the elderly, central dining,payment <br /> of commercial impact fees), and generally do not create the same type of impacts on the <br /> community as do residential developments. Examples of this include Eden Villa(the <br /> assisted living facility on Mohr Avenue) and the City's Parkview Assisted Living Facility <br /> (on Valley Ave.). <br /> Notwithstanding these factors, the City Council has previously indicated that if <br /> the Continuing Life Care(CLC)proposal on Staples Ranch were to be approved,the City <br /> may count 240 (of the proposed 636) assisted living units toward the housing cap, based <br /> on a formula that considers a number of impacts of such a facility on the community. If <br /> the Council, in taking action on the CLC project,were to count the entire number of <br /> assisted living units(636) as "housing units"towards the housing cap, then it would <br /> further reduce the number of conventional housing units that could be developed <br /> elsewhere in the City under the housing cap by 396.16 <br /> 4.2. Effect of Initiative on Consistency of General Plan and any Specific Plans <br /> A General Plan has been called the 'constitution' for development within a city. <br /> As with any new policies added to a General Plan, these new policies are required by <br /> State law to be consistent with the existing policies, programs and elements within the <br /> General Plan. To the extent that Initiative's new General Plan policies conflict with <br /> policies in Specific Plans, the Specific Plan policies could not be implemented and would <br /> need to be revised to be consistent with the new General Plan policies. <br /> 14 See Government Code §65852.2(a)(2). <br /> 3 Even if it were determined that assisted living units are housing units for purposes of the housing cap, <br /> previously approved assisted living units would not be counted towards the housing cap,since initiatives <br /> (or any other policy or ordinance)are not usually applied retroactively,unless specifically stated. <br /> is As of January 2007,there was a potential for 2,755 units left under the housing cap. Reducing this by <br /> 240 units for CLC would leave 2,515; reducing it instead by the full 636 units for CLC would leave 2,119 <br /> units. Moreover, any of these numbers would be reduced by the number of building penults that have been <br /> issued between January 2007 and now. <br /> 7 <br />