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Housing Constraints Draft Housing Element 3-29 The City regulates supportive and transitional housing the same as other residential dwellings of the same type in the applicable zoning districts. Parking standards are also the same as the applicable residential type in the applicable residential zone. AB 2162, which went into effect on January 1, 2019, requires that cities allow supportive housing with up to 50 units by-right in multi-family and mixed use zones and precludes cities from imposing parking requirements on supportive housing developments located within one half mile of a public transit stop. As San Leandro’s Zoning Code has not been updated to be consistent with these requirements, this is considered a constraint to housing for individuals in need of support and the Housing Element update will revise supportive housing provisions in the Zoning Code, consistent with AB 2162. The City will revise the Zoning Code consistent with AB 2162, as specified in Program 16 of Chapter 6, Housing Plan. Employee Housing and Farmworker Housing Under California Health and Safety Code 17021.5, any employee housing providing accommodation for six or fewer employees must be considered a single-family structure as a residential land use. San Leandro’s Zoning Code does include employee housing and the Housing Element update will revise employee housing provisions in the Zoning Code. The City’s Zoning Ordinance does not currently address employee housing. Under California Health and Safety Code 17021.6, farmworker housing up to 12 units or 36 beds must be considered an agricultural use and permitted in any zone that permits agricultural uses. No zones in the city permit agricultural uses. The City will amend the Zoning Code to adjust definitions and allowances of uses for agricultural employee housing to be consistent with California Law, including but not limited to Health and Safety Code Section 17021.6, as specified in Program 15 of Chapter 6, Housing Plan. The City will also assess and monitor, on an annual basis and as data is available, the need for farmworker housing in the city and region. If it is determined that farmworker housing is an identified need, support and facilitate efforts by private, non-profit, and public agencies to provide safe, affordable, and adequate housing for farmworkers, and explore new funding opportunities to support permanent farmworker housing, as specified in Program 10 of Chapter 6, Housing Plan. 3.2.3 Housing for Persons with Disabilities Definition of Family Local jurisdictions may restrict access to housing for households that do not meet the jurisdiction’s definition for “family.” A restrictive definition of “family” that limits the number of individuals living together may illegally limit the development and siting of group homes for persons with disabilities, but not for housing families that are similarly sized or situated. The City of San Leandro’s Zoning Code defines family as a person or a group of persons living together and maintaining a common household.21 This definition is not overly restrictive and is not considered a constraint to housing. Reasonable Accommodation Procedures The Federal Fair Housing Act and the California Fair Employment and Housing Act require that cities and counties provide reasonable accommodation where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Cities and counties must also consider requests for accommodations related to housing for people with disabilities and provide 21 City of San Leandro Zoning Code. 2021. Available: http://www.qcode.us/codes/sanleandro- zoning/view.php?cite=section_1.12.108&confidence=6. Accessed October 28, 2021