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BACKGROUND Farm-workers are identified in the housing element as a population with special housing needs. This amendment is prescribed by the Pleasanton Genera' Plan Housing Element, adopted February 13, 2012, through Program 41.9, as follows: Program 41.9: To ensure that there are adequate sites to accommodate the need for farm-worker housing, modify the zoning ordinance as necessary to comply with the requirements of the Health and Safety Code Sections 17021.5 and 17021.6 related to farm-worker employee housing. Sections 17021.5 and 17021.6 of the California Health and Safety Code are within the part of the code known as the Employee Housing Act. The intent of these two sections is to broaden opportunities for employee housing, as follows: Section 17021.5 requires that any employee housing occupied by six or fewer employees shall be deemed a single family structure with a residential land use, and shall be treated the same as a single family dwelling of the same type in the same zone. Occupation of a single family dwelling by six or fewer employees shall not be considered a change of occupancy for the purpose of building codes. Section 17021.6 requires that employee housing consisting of no more than 36 beds in a group quarters, or 12 units or separate rooms or spaces (e.g. cabins without kitchens) designed for use by a single family or household, be deemed an agricultural land use, and that it be treated the same as any other agricultural activity in the same zone. The section also stipulates that the occupancy of such housing may include employees who do not work on the property where the employee housing is located. DISCUSSION The purpose of this amendment is to implement the housing element by bringing the zoning regulations into compliance with the requirements of Sections 17021.5 and 17021.6 of the California Health and Safety Code. In accordance with Section 17021.5, the proposed amendment would clarify that housing of six or fewer agricultural employees in one dwelling is considered a residential use and treated the same as a single dwelling unit. This change would have no impact because the City does not normally regulate occupancy of a dwelling unit. Compliance with Section 17021.6 is more complex because it would require employee housing consisting of no more than 36 beds in a group quarters, or 12 units or spaces designed for use by a single family or household to be deemed an agricultural land use requiring that it be treated the same as any other agricultural activity in the same zone. This means that if an agricultural use is permitted by right, as is the case in some zoning districts, then employee housing of up to 36 beds or 12 units is also to be permitted by right in those zoning districts. Such housing may be incompatible with residential neighborhoods where agriculture is permitted. Page 2 of 4