CCMIN121608 - Laserfiche WebLink

about protecting large, contiguous areas of open space in the south hills, generally in open space throughout the City. In looking at hill area development restrictions and when comparing the language of both measures, she said there is no direct conflict between the measures. Measure PP had some very specific regulations and Measure QQ re-affirmed existing policies within the General Plan. In looking at two different laws that cover the same area, one tries to read them in such a way that they can both be applied, and in this case, staff sees no direct conflict between the hill area regulations. Measure PP has some specific regulations and Measure QQ has more general, broad re-acclamation of existing policies. She said there may be potential differences when a specific project is being considered; those could clearly be highlighted when the environmental impact report or other kind of CEQA or environmental analysis is done for a project and this would be considered when the project moves forward. For housing units, each measure had a specific definition. Measure PP focused more on features within a residential unit. For the purposes of the City's housing cap, it defined a housing unit as any residence with a kitchen and a bathroom, whereas, Measure QQ listed specific types of units that counted as housing units such as mobile homes, each half of a duplex, apartments, single family homes, and it also specifically said second units are not counted as a housing unit, nor are rooms in extended-stay hotels. Measure QQ did say while assisted living facilities are specifically considered commercial uses, under QQ there were options for the Council to consider counting them as housing units based upon their impacts to infrastructure and other services the City has. Ms. Seto said State law specifically does not allow second units to count against any type of housing cap. So, to the extent that Measure PP talks about any unit with a kitchen or bathroom counting against the housing cap, State law would not allow second units even though by their nature they would have a kitchen and bath to count. So, any concern of this condition is eliminated, and QQ specifically states that second units would not be counted. Measure PP in the circulation petition also directed that definitions should be consistent with the U.S. Census Bureau definitions as well as State law. Those various areas were reviewed for definitions. While Measure QQ specifically stated an extended stay hotel would not count as a housing unit, if most have a kitchen and bath, there could be a question under PP as to whether that is a housing unit. But then, taking a look at the U.S. Census Bureau definitions which are definitions that the PP petitions specifically said that should be considered, extended stay hotels are considered accommodation establishments and would be considered more as a commercial use than a housing unit. Similarly, with assisted living facilities, the U.S. Census Bureau defines those as group quarters and does not call them individual residential units even though assisted living facilities have kitchens and bathrooms when you take a look at kitchen features being a sink, a cooking device and a refrigerator. State law also calls into question the issue of independent living. When you have an assisted living facility where there are shared communal meals, then the question of whether these are independent living to support a housing unit is also a question that Measure PP petition said to take a look at the state law definition. As Measure PP was being considered there was a clarification letter submitted by a petitioner that indicated that in order for assisted living facilities, absent from having a full kitchen, they would not count as a housing unit if they only had a kitchenette or a larger group kitchen. In reviewing the housing unit definition in both measures, the language for defining a housing unit City Council Minutes Page 4 of 15 December 16, 2008