HomeMy WebLinkAbout05-20-2014 PH1 Zoing Regs - Reasonable Accommodation & GNPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared By: Tyler Corey, Housing Programs Manager
SUBJECT: ORDINANCE TO AMEND TITLE 17 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE ASSOCIATED WITH REASONABLE
ACCOMMODATION PROVISIONS; AND A GOOD NEIGHBOR POLICY
FOR HOMELESS SERVICES
RECOMMENDATION
As recommended by the Planning Commission:
1. Introduce an ordinance to amend Title 17 (Zoning Regulations) of the Municipal Code;
and
2. Adopt a resolution approving the proposed Good Neighbor Policy.
BACKGROUND
Good Neighborhood Policy
The City has been a long standing supporter of service provision to those who are experiencing
homelessness. Implementing strategies and programs that help transition people out of
homelessness has been a regional effort. The City has partnered with the County, other cities,
and nonprofit entities to provide programs that advance goals outlined in the San Luis Obispo
Countywide 10-year Plan to End Homelessness (10-Year Plan).
The City adopted the following Major City Goal as a top priority in the 2013-15 Financial Plan:
Implement Comprehensive Strategies to Address Homeless. The listed objectives and associated
work plan for this goal include encouraging improved and expanded services in conjunction with
the City’s partner organizations; support for a new homeless services center; and development of
a Good Neighbor Policy (GNP) for those entities providing services to homeless populations in
the City. Staff is bringing forward the GNP and associated amendments to Title 17 of the
Municipal Code for Council review and consideration as part of the goal work program
(Attachments 1 & 2).
Reasonable Accommodation
Both federal and state fair housing laws prohibit discrimination in housing against individuals
with disabilities. These laws require that cities and counties take affirmative action to eliminate
regulations and practices that deny housing opportunities to disabled individuals. This includes
requiring flexibility in the application of land use and zoning regulations. State law requires, and
the City’s Housing Element Program 8.23 calls for the adoption of regulations to address
reasonable accommodation in the application of zoning requirements to eliminate barriers to
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Zoning Regulation Amendments & Good Neighbor Policy Page 2
housing opportunities. To implement state law and the City’s Housing Element, staff has drafted
an ordinance for Council review and consideration (Attachment 3).
DISCUSSION
Good Neighbor Policy
The City does not have specific policy guidance for service provision for Homeless Service
Providers (HSPs). Recent public input associated with projects related to homeless services (i.e.
proposed Homeless Services Center, Safe Parking Ordinance, etc.) indicated an interest in
establishing a citywide policy to clearly communicate community expectations and City
commitments as it relates to the City’s support of homeless services. Thus, the development of a
GNP was a key component of the Homelessness Major City Goal.
The intent of the draft GNP is to provide the framework in which the City will support and
regulate HSPs in the community who are seeking City permits, entitlements or funding. HSPs
will be required to consider GNP goals and implementation tools to mitigate potential impacts of
homeless service operations on the community. Some key goals and tools included in the draft
GNP include:
Goals: Implementation Tools:
• High quality homeless service • Neighborhood outreach plan
• Safety • Complaint resolution process
• Communication • Block watch program
• Property Maintenance • Property inspection protocols
• Security and lighting plan
1. General Plan Consistency
The General Plan Housing Element contains Policy 8.9 and Program 8.11 that supports efforts to
implement the 10-Year Plan and solutions to meeting the needs of the homeless in collaboration
with other agencies.
2. Consistency with 10-Year Plan
The 10-Year Plan lays out a vision that focuses on ensuring that everyone has access to
affordable housing. The draft GNP is consistent with and implements Strategies 1.3 and 3.3 of
the 10-Year Plan. These strategies seek to cultivate and foster greater community participation in
the provision of comprehensive support services and housing opportunities. The strategies
recommend outreach and community education on issues to facilitate siting of projects; and
community meetings where the general community, service providers, homeless people, and
those at risk of homelessness can communicate and forge partnerships.
3. Research
Staff researched successful examples of GNP’s implemented in other jurisdictions including,
Santa Monica, Santa Barbara, and Columbus, OH. Staff collaborated with Community Action
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Zoning Regulation Amendments & Good Neighbor Policy Page 3
Partnership of San Luis Obispo (CAPSLO) on their policies that require participants in services
to be good stewards and citizens in our community. Staff also met with the Chamber’s Issues
Evaluation Committee on multiple occasions to discuss details of the GNP (Attachment 7).
These examples and discussions, along with recent public input associated with projects related
to homeless services, have assisted staff in drafting a citywide GNP that reflects local
community values.
4. Human Relations Commission Action
On February 5, 2014, the Human Relations Commission, on a 5-0 vote (Trout and Matheny
absent) recommended the City Council approve the proposed GNP without modification
(Attachment 4). Staff responded to questions from the Commission regarding various aspects of
applicability and enforcement. Overall, Commission discussion was brief and supportive of the
proposed GNP.
5. Planning Commission Action
On April 9, 2014, the Planning Commission, on a 6-0 vote (Draze absent) recommended the City
Council approve the proposed GNP without modification (Attachment 5). Two members of the
public spoke on the item recommending the Planning Commission approve the GNP as
proposed. Commission discussion was brief and supportive of the GNP.
6. Conclusion
The draft GNP seeks to communicate community expectations and City commitments as it
relates to the City’s support of homeless services. It is consistent with the General Plan Housing
Element and 10-Year Plan, and implements the City’s 2013-15 Financial Plan Major City Goal:
Implement Comprehensive Strategies to Address Homelessness.
Reasonable Accommodation
While the City’s building code supports construction approaches to address adjustment requests,
the Zoning Code does not currently contain provisions to address reasonable accommodation.
The proposed ordinance provides a fair and reasonable procedure for disabled persons to request
flexibility in the application of land use and zoning regulations (Attachment 3) to ensure equal
access to housing. Examples of accommodations may include such things as yard area
modifications for ramps, handrails or other such accessibility improvements; hardscape
additions, such as widened driveways, parking areas or walkways; building additions for
accessibility; or reduced off-street parking where the disability clearly limits the number of
people operating vehicles.
The State Attorney General has advised jurisdictions not to use existing variance or conditional
use permit processes for reasonable accommodation because they do not provide the correct
standard for making fair housing determinations and because the public process used in making
these entitlement decisions fosters opposition to much needed housing for individuals with
disabilities. In response, many cities throughout the state have adopted fair housing reasonable
accommodation procedures as a way of addressing barriers in land use and zoning regulations.
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Zoning Regulation Amendments & Good Neighbor Policy Page 4
A fundamental characteristic of a fair housing reasonable accommodation procedure is the
establishment of appropriate findings that reflect the intent and specific language of both the
federal and state fair housing statutes. In this regard, it is somewhat different than traditional or
typical zoning cases because here the focus of review is the need of the individual with
disabilities to overcome barriers to housing, not on the topography of the site or the unique
character of the lot. The focus here is solely on the need of the individual with a disability to
have access to housing that meets his or her particular needs.
1. General Plan Consistency
The General Plan Housing Element was adopted in June 2010 and certified by the State
Department of Housing and Community Development (HCD) in July 2010. Consistent with
federal and state law, the Housing Element contains policies and programs to implement fair
housing laws and to provide housing for people with special needs within the City. The Housing
Element includes Program 8.23 calling for regulations to ensure reasonable accommodation as
follows:
Consult with service agencies that work with the disabled and prepare and adopt a program
addressing reasonable accommodation to land use and zoning decisions and procedures
regulating siting, funding, development and use of housing for persons with disabilities.
2. Research
To comply with federal and state requirements, staff has reviewed the model reasonable
accommodation ordinance suggested by HCD, as well as the ordinances of several California
cities. These examples have assisted staff in developing a draft ordinance that meets fair housing
laws for Council consideration.
3. Draft Ordinance
The Draft Ordinance establishes a new process where the Community Development Director (or
other review authority if the request is submitted for concurrent review with another
discretionary land use application) would determine that the individual making the request for
accommodation has a disability as defined in the fair housing laws or is developing housing for
individuals with such disabilities. As part of the application requirements, the applicant would
need to establish that, because of the disability, the requested accommodation is necessary to
overcome a barrier to housing. If the individual has established the need for the accommodation
based on the disability, the Director may grant the request, subject to findings and applicable
conditions, unless granting the request would be an undue financial or administrative burden to
the City or would result in a fundamental alteration in the City’s land use and zoning programs.
The Director may consider alternative accommodations which may provide an equivalent level
of benefit to that which has been requested by an individual with disabilities. An alternative
accommodation would be considered if the Director determines that providing the requested
accommodation would create an undue administrative or financial burden to the City or result in
a fundamental alteration in the nature of the City’s regulations and that an alternative method is
available to achieve an equivalent accommodation. In providing reasonable accommodation, it is
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Zoning Regulation Amendments & Good Neighbor Policy Page 5
generally presumed that the individual with disabilities is in the best position to know whether
the requested accommodation is effective.
4. Planning Commission Action
On April 9, 2014, the Planning Commission, on a 6-0 vote (Draze absent) recommended the City
Council approve the proposed draft ordinance without modification (Attachment 5). Overall,
Commission discussion was brief and supportive of the ordinance.
5. Conclusion
The draft ordinance meets state and federal requirements to provide a reasonable accommodation
process and will implement a key Housing Element program.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per CEQA Guidelines under the General Rule
(Section 15061(b)(3)) (Attachment 6). The project involves amendments to the Zoning
Regulations of the Municipal Code associated with reasonable accommodation provisions and
Good Neighbor Policy for homeless services. Establishment of regulations for reasonable
accommodation implements state legislation and the City’s Housing Element. Each individual
reasonable accommodation request will be subject to CEQA at the time the project is filed.
Establishment of a Good Neighbor Policy for homeless services implements the City’s 2013-15
Financial Plan Major City Goal: “Implement Comprehensive Strategies to Address
Homelessness” and the San Luis Obispo Countywide 10-year Plan to End Homelessness. Each
homeless services facility request will be subject to CEQA at the time the project is filed. It can
be seen with certainty that the proposed Municipal Code text amendments will have no
significant effect on the environment.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
amendments are consistent with the General Plan, it has a neutral fiscal impact.
ALTERNATIVES
1. The Council may modify the proposed amendments to the Municipal Code and GNP.
Specific direction should be given to staff regarding any modifications.
2. The Council may continue action, if more information in needed. Direction should be
given to staff regarding additional information needed to make a decision.
ATTACHMENTS
1. Draft Good Neighbor Policy
2. Title 17 text amendments for Good Neighbor Policy
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Zoning Regulation Amendments & Good Neighbor Policy Page 6
3. Reasonable accommodation text amendments
4. Human Relations Commission February 5, 2014, meeting minutes
5. Draft Planning Commission April 9, 2014, meeting minutes
6. CEQA Notice of Exemption
7. Letter of support from the Chamber of Commerce regarding the GNP
8. Draft Council Resolution adopting the Good Neighbor Policy
9. Draft Ordinance introducing the text amendments
T:\Council Agenda Reports\2014\2014-05-20\Zoning Regs - Reasonable Accommodation & GNP (Johnson-Corey\CAR.docx
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Attachment 1
City of San Luis Obispo
GOOD NEIGHBOR POLICY
Purpose:
The City is a long standing supporter of providing service to those who are experiencing
homelessness. The City has partnered with the County, other cities, and nonprofit entities to
support programs that advance goals outlined in the San Luis Obispo Countywide 10-year Plan
to End Homelessness. The intent of this Good Neighbor Policy is to clearly communicate
community expectations and City commitments as it relates to the City’s support of homeless
services. This policy reflects the framework in which the City will support and regulate
homeless services providers in the community who are seeking City permits, entitlements or
funding (HSPs).
Goals:
In adopting this policy, it is the City’s intent to articulate and advance the following goals by
requiring consideration of these goals and the incorporation of appropriate requirements and
conditions to advance these goals whenever the City is considering an application for a
discretionary permit, land use entitlement or funding request for homeless services:
A. Supporting and encouraging high quality homeless services that are well-integrated into
and supported by the community.
B. Maintaining peaceful, safe, crime free and clean neighborhoods and community for
program participants and all community residents and businesses.
C. Participating in and facilitating direct and honest communication among community
partners, including, but not limited to the City Police and Fire Departments, the County of
San Luis Obispo, including its Elected Officials, staff, Department of Social Services and
Sheriff’s Office, and HSPs.
D. Ensuring clearly identified accessible and effective points of contact and resolution
processes through which to address concerns or disputes between HSPs, their clients,
neighbors and community partners.
E. Encouraging respect for and protection of all community members and their property.
F. Requiring active participation of HSPs to help sustain the overall surroundings and
economic environment of the neighborhoods in which they operate.
G. Ensuring adherence to City property maintenance standards designed to maintain
property values and a high quality of life in the City.
H. Ensuring effective City regulation and consistent enforcement and accountability for
criminal or disruptive behavior in the community.
Implementation Tools
The City utilizes a variety of tools to protect the health, safety and welfare of its residents and
ensure compliance with community standards. HSPs and their clients are subject to the same
laws and regulations otherwise applicable to all community members and property owners,
including, but not limited to the San Luis Obispo Municipal Code. Without limitation, these laws
include prohibitions on: violent, assaultive or threatening behavior; aggressive panhandling;
littering; public intoxication and possession of open containers of alcohol in public; illegal drug
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Attachment 1
use; public urination; vandalism and property destruction; illegal dumping; illegal overnight
camping or parking. Additionally, HSPs, like other property owners and/or tenants, are subject
to applicable property maintenance, noise and public nuisance regulations and are expected to
maintain their buildings and grounds in good condition at all times pursuant to San Luis Obispo
Municipal Code chapter 17.17, as it may be amended from time to time.
In addition to generally applicable laws, the City will require implementation of the following tools
to mitigate potential impacts of HSP operations on the community, as determined to be
necessary and appropriate through the applicable City discretionary review and/or hearing
process:
A. Maintaining an accessible, publicized HSP phone contact twenty-four (24) hours a day
and seven (7) days a week (or during all operating hours) to address community issues
as they occur.
B. Documenting and reviewing all concerns, complaints or reports of inappropriate or illegal
client or provider conduct.
C. Establishing and implementing clearly defined complaint/dispute investigation and
resolution protocols and processes, which shall include mechanisms to ensure prompt
response to complaining parties and a procedure by which to notify the complaining
party whether the complaint was determined to be founded and whether corrective
action has been taken, while respecting client confidentiality.
D. Establishing a block watch program in conjunction with the neighbors, the City Police
Department and other neighboring business and residents.
E. Advising clients in writing of obligations to comply with applicable laws and establishing
protocols for addressing and preventing repeated client violations of laws, which have
adverse neighborhood or community impacts.
F. Contacting the San Luis Obispo Police or Fire Department immediately in all
emergencies.
G. Establishing regular property inspection, clean-up and maintenance protocols.
H. Establishing a security and outdoor lighting plan.
I. Establishing and implementing protocols for the referral to appropriate services (i.e.
County Department of Social Services) of clients who are denied or suspended from
HSP services.
J. Establishing and implementing a neighborhood communication and outreach plan, which
shall include regularly scheduled meetings at least once per year to review the
effectiveness of the adopted HSP protocols and to receive community input. The
regularly scheduled meeting time, day of the week and week of the month will be posted
on the HSP website and the HSP will provide an email list serve that will send out
meeting reminders to all interested neighbors.
K. Meeting as needed and requested by the City with community partners to review reports,
issues and policies.
L. Notifying neighbors of major changes proposed to the program or facility, and seek
advice with regard to implementation.
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Attachment 2
17.08.110 Homeless Shelters.
1. The below requirements are for homeless shelters within the PF zone which may be established
without use permit review. Homeless shelters in other zones, which require use permit review, will
be reviewed in the context of the City’s Good Neighbor Policy and may be subject to conditions of
approval with requirements that vary from these standards.
A. The shelter shall be operated by a responsible agency or organization, with experience in managing
or providing social services.
B. The shelter shall provide at least one qualified on-site supervisors at all times, plus one attendant for
each 50 occupants.
C. A homeless shelter shall not be approved when another homeless shelter exists within 300 feet of
the proposed site. This requirement may be modified by use permit.
D. Homeless shelters proposed adjacent to residential neighborhoods shall require architectural review
to ensure the shelter design provides for adequate privacy between uses and minimizes potential
impacts of the proposed shelter to adjacent residences.
E. Parking shall be supplied at a ratio of one vehicle space per 10 beds, and one secured bicycle
parking area designed to accommodate up to one bicycle per 10 beds.
F. Each homeless shelter shall be limited to a maximum occupancy of 250 persons (in total), including
warming shelters and daytime facilities.
G. A management plan shall be required to address how the immediate sheltering needs of individuals
who may be turned away from the shelter will be handled. The management plan shall establish a
maximum the length of time which clients may be accommodated.
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Attachment 3
Chapter 17.61: Reasonable Accommodation
Sections:
17.61.010 Purpose and Intent.
17.61.020 Definitions.
17.61.030 Review Authority.
17.61.040 Requests for Reasonable Accommodation.
17.61.050 Application Requirements.
17.61.060 Required Findings.
17.61.070 Performance Standard.
17.61.080 Conditions of Approval.
17.61.090 Appeals.
17.61.010 Purpose and Intent.
The reasonable accommodation provisions allow for flexibility in the application of regulations
and procedures to ensure equal access to housing. The provisions set forth in this section
provide a procedure under which a disabled person may request a reasonable accommodation
in the application of zoning requirements. This section is based on requirements of the federal
and state fair housing laws and is designed to eliminate barriers to housing opportunities.
17.61.020 Definitions.
1. Disabled Person. A person who has a medical, physical or mental condition that limits a
major life activity, as those terms are defined in California Government Code section 12926,
anyone who is regarded as having such a condition or anyone who has a record of having
such a condition. It includes a person or persons, or an authorized representative of a
disabled person. The term “disabled person” does not include a person who is currently
using illegal substances, unless he or she has a separate disability.
2. Fair Housing Laws. Means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and
following) and (2) the California Fair Employment and Housing Act (Govt. Code § 12955 and
following), including amendments to them.
3. Reasonable Accommodation. Means providing disabled persons flexibility in the
application of land use and zoning regulations and procedures, or even waiving certain
requirements, when necessary to eliminate barriers to housing opportunities. It may include
adjustments to standards such as yard area modifications for ramps, handrails or other such
accessibility improvements; hardscape additions, such as widened driveways, parking area
or walkways; building additions for accessibility; tree removal; or reduced off-street parking
where the disability clearly limits the number of people operating vehicles. Reasonable
accommodation does not include an accommodation which would (1) impose an undue
financial or administrative burden on the city or (2) require a fundamental alteration in the
nature of the city’s land use and zoning program
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Attachment 3
17.61.030 Review Authority.
1. Community Development Director. Requests for reasonable accommodation shall be
reviewed by the Community Development Director, if no approval is sought other than the
request for reasonable accommodation. The Community Development Director may refer
the matter to any advisory commission or committee, as appropriate.
2. Other Review Authority. Requests for reasonable accommodation submitted for
concurrent review with another discretionary land use application shall be reviewed by the
authority responsible for reviewing the application.
17.61.040 Requests for Reasonable Accommodation
1. Request. A request for reasonable accommodation in the application of land use and
zoning regulations may be made by a disabled person, his or her representative, or a
developer or provider of housing for individuals with disabilities. A request for reasonable
accommodation may include a modification or exception to the siting, development and use
of housing or housing related facilities that would eliminate regulatory barriers. A reasonable
accommodation cannot waive a requirement for a conditional use permit when otherwise
required or result in approval of uses otherwise prohibited by the city’s land use and zoning
regulations.
2. Assistance. If an applicant needs assistance in making the request, the planning division
will endeavor to provide the assistance necessary to ensure that the process is available to
the applicant.
3. Balancing Rights and Requirements. The City will attempt to balance (1) the privacy
rights and reasonable request of an applicant for confidentiality, with (2) the land use
requirements for notice and public hearing, factual findings and rights to appeal, in the City’s
request for information, considering an application, preparing written findings and
maintaining records for a request for reasonable accommodation.
17.61.050 Application Requirements.
Whenever a request for reasonable accommodation is submitted for consideration, as a part of
said application, sufficient information shall be submitted to the Community Development
Department to determine whether the reasonable accommodation request complies with the
provisions of this Section. In addition to the required Administrative Approval Application
checklist items, the application shall include the following:
1. The basis for the claim that the individual is considered disabled under the fair housing laws.
Identification and description of the disability which is the basis for the request for
accommodation, including current, written medical certification and description of disability
and its effects on the person’s medical, physical or mental limitations.
2. The rule, policy, practice and/or procedure of the City for which the request for
accommodation is being made, including the zoning code regulation from which reasonable
accommodation is being requested.
3. Type of accommodation sought.
4. The reason(s) why the accommodation is reasonable and necessary for the needs of the
disabled person(s). Where appropriate, include a summary of any potential means and
alternatives considered in evaluating the need for the accommodation.
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Attachment 3
17.61.060 Required Findings.
The approval of a reasonable accommodation shall require that the review authority first find
that:
1. The housing will be used by a disabled person;
2. The requested accommodation is necessary to make housing available to a disabled
person;
3. The requested accommodation would not pose an undue financial or administrative burden
on the City; and
4. The requested accommodation would not require a fundamental alteration in the nature of a
City program or law, including but not limited to land use and zoning.
17.61.070 Performance Standard.
1. Occupancy. A modification approved under this section is considered a personal
accommodation for the individual applicant and does not run with the land.
17.61.080 Conditions of Approval.
Conditions imposed by the review authority may include, but are not limited to, the following:
1. Inspection of the property periodically, as specified, to verify compliance with this section
and any conditions of approval.
2. Removal of the improvements, where removal would not constitute an unreasonable
financial burden, when the need for which the accommodation was granted no longer exists.
3. Time limits and/or expiration of the approval if the need for which the accommodation was
granted no longer exists.
4. Recordation of a deed restriction requiring removal of the accommodating feature once the
need for it no longer exists.
5. Measures to reduce the impact on surrounding uses.
6. Measures in consideration of the physical attributes of the property and structures.
7. Other reasonable accommodations that may provide an equivalent level of benefit and/or
that will not result in an encroachment into required setbacks, exceedance of maximum
height, lot coverage or floor area ratio requirements specified for the zone district.
8. Other conditions necessary to protect the public health, safety and welfare.
17.61.090 Appeals.
The Community Development Director shall administer and interpret these requirements,
subject to the applicable codes and City procedures. Decisions of the Director or other review
authority are appealable; subject to the Zoning Regulations appeal provisions (Chapter 17.66).
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Attachment 4
HUMAN RELATIONS COMMISSION (HRC)
MINUTES REGULAR MEETING
February 5, 2014
5:00 p.m.
990 Palm St – Council Chambers
CALL TO ORDER: 5:00 PM
PRESENT: Commissioners: Robert Clayton, Janet Pierucci, Ivan Simon, Michelle
Tasseff, Ronald Tilley
ABSENT: Chairperson: Hillary Trout; Vice Chairperson: Louise Matheny
STAFF
PRESENT: Greg Zocher, Human Resources Manager; Tyler Corey, Housing Programs
Manager; Derek Johnson, Community Development Director; Steve Gesell,
Police Chief; Keith Storton, Police Captain
Commissioners agreed by consensus that Commissioner Pierucci chair the meeting in the
absence of a Chairperson or Vice-Chairperson.
CONSIDERATION OF MINUTES:
ACTION: Moved by Clayton/Tilley to approve the minutes of December 4, 2013 as
submitted; motion carried 5:0.
______________________________________________________________
PUBLIC COMMENT
Julie Jones from Better Together spoke regarding the Community Day of Service planned
for April 26, 2014.
BUSINESS ITEMS
Item 1. REVIEW GOOD NEIGHBOR POLICY DRAFT (COREY)
Housing Programs Manager Corey presented draft Good Neighbor Policy.
Moved by Clayton/Simon to approve Good Neighborhood Policy; motion
carried 5:0.
Item 2. DIRECTED GIVING CAMPAIGN UPDATE (GESELL)
Police Chief Gesell presented an update on the Directed Giving Campaign.
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Attachment 5
DRAFT
SAN LUIS OBISPO
PLANNING COMMISSION MINUTES
April 9, 2014
CALL TO ORDER/PLEDGE OF ALLEGIANCE
OATH OF OFFICE: Reappointed Commissioner Ronald Malak and new
Commissioner Hemalata Dandekar were sworn in by City Clerk
Anthony Mejia
ROLL CALL: Commissioners Hemalata Dandekar, John Fowler, Ronald
Malak, Michael Multari, William Riggs, and Vice-Chairperson
John Larson
Absent: Chair Michael Draze
Staff: Community Development Deputy Directors Doug Davidson and
Kim Murry, Senior Planner Pam Ricci, Associate Planner Brian
Leveille, Housing Programs Manager Tyler Corey, Supervising
Civil Engineer Hal Hannula, City Attorney Christine Dietrick, and
Recording Secretary Diane Clement
ELECTION: Commr. Malak nominated Commr. Larson as Chairperson and
Commr. Multari as Vice-Chairperson. The nomination was
seconded by Commr. Fowler. Both were elected unanimously.
ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented.
MINUTES: Minutes of March 26, 2014, were approved as presented.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:
There were no comments made from the public.
PUBLIC HEARINGS:
2. Citywide. GPI 16-14 & GPI 45-14: Review of amendments to Title 17 (Zoning
Regulations) of the Municipal Code associated with establishing a Reasonable
Accommodation review process and Good Neighbor Policy for homeless services;
City of San Luis Obispo, applicant. (Tyler Corey)
Housing Programs Manager Tyler Corey presented the staff report, recommending the
Planning Commission adopt a resolution which recommends the City Council adopt the
proposed amendments to Title 17 (Zoning Regulations) of the Municipal Code and the
Good Neighbor Policy.
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Draft Planning Commission Minutes Attachment 5
April 9, 2014
Page 2
PUBLIC COMMENTS:
Charlene Rosales, SLO Chamber of Commerce, stated that the Chamber of Commerce
supports the amendments to the Municipal Code and Good Neighbor Policy.
Jim Famalette, Community Action Partnership, stated that the Community Action
Partnership supports the amendments to the Municipal Code and Good Neighbor Policy
as a positive for the community and for the homeless clients.
There were no further comments made from the public.
COMMISSION COMMENTS:
There were no comments made from the Commission.
On motion by Commr. Multari and seconded by Commr. Malak, to adopt the Planning
Commission resolution which recommends that the City Council adopt the proposed
amendments to Title 17 (Zoning Regulations) of the Municipal Code and Good Neighbor
Policy.
AYES: Commrs. Dandekar, Fowler, Larson, Malak, Multari, and Riggs
NOES: None
RECUSED: None
ABSENT: Commr. Draze
The motion passed on a 6:0 vote.
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Notice of Exemption
To: Office of Planning and Research From: City of San Luis Obispo
1400 Tenth Street, Room 121 Community Development Department
Sacramento, CA 95814 919 Palm Street
San Luis Obispo, CA 93401-3249
County Clerk
County of San Luis Obispo Filing Not Required
1144 Monterey Street, Suite A
San Luis Obispo, CA 93408
Project Title: Reasonable Accommodation Ordinance & Good Neighbor Policy – GPI 16-14 & 45-14
Project Location - Specific: Citywide
Project Location - City: San Luis Obispo Project Location - County: San Luis Obispo
Description of Project: Amendments to Title 17 (Zoning Regulations) of the Municipal Code associated with
reasonable accommodation provisions and a good neighbor policy for homeless services.
Name of Public Agency Approving the Project: City of San Luis Obispo
Name of Person or Agency Carrying Out the Project: City of San Luis Obispo
Exempt Status (check one):
Ministerial (Section 21080(b)(1); 15268;
General Rule (Section 15661(b)(3);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c)
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number:
Reasons why project is exempt: The project is consistent with the General Plan and Zoning Regulations, is on a site of
less than five acres and is substantially surrounded by urban uses. The project site has no value as habitat for
endangered, rare or threatened species and will not result in any significant effects relating to traffic, noise, air quality, or
water quality and the site can be adequately served by all required utilities and public services.
Lead Agency
Contact Person: Tyler Corey Area Code/Telephone/Ext. 805-781-7169
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes No
Signature:______________________________ Date: ___________________
Title: Community Development Director
Signed by Lead Agency Date Received for Filing at OPR: __________
Signed by Applicant Revised April 1997
Attachment 6
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Attachment 7
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Attachment 8
RESOLUTION NO. XXXX-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO APPROVING A GOOD
NEIGHBOR POLICY FOR HOMELESS SERVICES
(GPI 16-14)
WHEREAS, the Human Relations Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, on February 5, 2014, and recommended approval of a Good Neighbor Policy
without modification; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 9, 2014, and recommended approval of a Good Neighbor Policy without
modification; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 20,
2014, for the purpose of considering a Good Neighbor Policy (GPI 16-14); and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered all evidence, including the testimony of the
applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed Good Neighbor Policy is consistent with General Plan Housing Element
Policy 8.9 and Program 8.11 that supports efforts to implement the San Luis Obispo
Countywide 10-year Plan to End Homelessness and solutions to meeting the needs of the
homeless in collaboration with other agencies.
2. The proposed Good Neighbor Policy is consistent with and implements Strategies 1.3 and
3.3 of the San Luis Obispo Countywide 10-year Plan to End Homelessness. These
strategies seek to cultivate and foster greater community participation in the provision of
comprehensive support services and housing opportunities.
3. The proposed Good Neighbor Policy will further the City’s 2013-15 Financial Plan Major
City Goal: “Implement Comprehensive Strategies to Address Homelessness”.
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Resolution No. (2014 Series) Attachment 8
Page 2
Section 2. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)).
Establishment of a Good Neighbor Policy for homeless services is consistent with the City’s
Housing Element and implements the City’s 2013-15 Financial Plan Major City Goal:
“Implement Comprehensive Strategies to Address Homelessness” and the San Luis Obispo
Countywide 10-year Plan to End Homelessness. Each homeless services facility request will be
subject to CEQA at the time the project is filed. It can be seen with certainty that the proposed
Municipal Code text amendments will have no significant effect on the environment.
Section 3. Action. The City Council does hereby adopt the proposed Good Neighbor
Policy, included as Exhibit A.
Upon motion of , seconded by , and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was passed and adopted this 20th day of May, 2014.
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick
City Attorney
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Resolution No. (2014 Series) Attachment 8
Page 3
City of San Luis Obispo
GOOD NEIGHBOR POLICY
Purpose:
The City is a long standing supporter of providing service to those who are experiencing
homelessness. The City has partnered with the County, other cities, and nonprofit entities to
support programs that advance goals outlined in the San Luis Obispo Countywide 10-year Plan
to End Homelessness. The intent of this Good Neighbor Policy is to clearly communicate
community expectations and City commitments as it relates to the City’s support of homeless
services. This policy reflects the framework in which the City will support and regulate
homeless services providers in the community who are seeking City permits, entitlements or
funding (HSPs).
Goals:
In adopting this policy, it is the City’s intent to articulate and advance the following goals by
requiring consideration of these goals and the incorporation of appropriate requirements and
conditions to advance these goals whenever the City is considering an application for a
discretionary permit, land use entitlement or funding request for homeless services:
A. Supporting and encouraging high quality homeless services that are well-integrated into
and supported by the community.
B. Maintaining peaceful, safe, crime free and clean neighborhoods and community for
program participants and all community residents and businesses.
C. Participating in and facilitating direct and honest communication among community
partners, including, but not limited to the City Police and Fire Departments, the County of
San Luis Obispo, including its Elected Officials, staff, Department of Social Services and
Sheriff’s Office, and HSPs.
D. Ensuring clearly identified accessible and effective points of contact and resolution
processes through which to address concerns or disputes between HSPs, their clients,
neighbors and community partners.
E. Encouraging respect for and protection of all community members and their property.
F. Requiring active participation of HSPs to help sustain the overall surroundings and
economic environment of the neighborhoods in which they operate.
G. Ensuring adherence to City property maintenance standards designed to maintain
property values and a high quality of life in the City.
H. Ensuring effective City regulation and consistent enforcement and accountability for
criminal or disruptive behavior in the community.
Implementation Tools
The City utilizes a variety of tools to protect the health, safety and welfare of its residents and
ensure compliance with community standards. HSPs and their clients are subject to the same
laws and regulations otherwise applicable to all community members and property owners,
Exhibit A
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Resolution No. (2014 Series) Attachment 8
Page 4
including, but not limited to the San Luis Obispo Municipal Code. Without limitation, these laws
include prohibitions on: violent, assaultive or threatening behavior; aggressive panhandling;
littering; public intoxication and possession of open containers of alcohol in public; illegal drug
use; public urination; vandalism and property destruction; illegal dumping; illegal overnight
camping or parking. Additionally, HSPs, like other property owners and/or tenants, are subject
to applicable property maintenance, noise and public nuisance regulations and are expected to
maintain their buildings and grounds in good condition at all times pursuant to San Luis Obispo
Municipal Code chapter 17.17, as it may be amended from time to time.
In addition to generally applicable laws, the City will require implementation of the following tools
to mitigate potential impacts of HSP operations on the community, as determined to be
necessary and appropriate through the applicable City discretionary review and/or hearing
process:
A. Maintaining an accessible, publicized HSP phone contact twenty-four (24) hours a day
and seven (7) days a week (or during all operating hours) to address community issues
as they occur.
B. Documenting and reviewing all concerns, complaints or reports of inappropriate or illegal
client or provider conduct.
C. Establishing and implementing clearly defined complaint/dispute investigation and
resolution protocols and processes, which shall include mechanisms to ensure prompt
response to complaining parties and a procedure by which to notify the complaining
party whether the complaint was determined to be founded and whether corrective
action has been taken, while respecting client confidentiality.
D. Establishing a block watch program in conjunction with the neighbors, the City Police
Department and other neighboring business and residents.
E. Advising clients in writing of obligations to comply with applicable laws and establishing
protocols for addressing and preventing repeated client violations of laws, which have
adverse neighborhood or community impacts.
F. Contacting the San Luis Obispo Police or Fire Department immediately in all
emergencies.
G. Establishing regular property inspection, clean-up and maintenance protocols.
H. Establishing a security and outdoor lighting plan.
I. Establishing and implementing protocols for the referral to appropriate services (i.e.
County Department of Social Services) of clients who are denied or suspended from
HSP services.
J. Establishing and implementing a neighborhood communication and outreach plan, which
shall include regularly scheduled meetings at least once per year to review the
effectiveness of the adopted HSP protocols and to receive community input. The
regularly scheduled meeting time, day of the week and week of the month will be posted
on the HSP website and the HSP will provide an email list serve that will send out
meeting reminders to all interested neighbors.
K. Meeting as needed and requested by the City with community partners to review reports,
issues and policies.
L. Notifying neighbors of major changes proposed to the program or facility, and seek
advice with regard to implementation.
Exhibit A
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Attachment 9
ORDINANCE NO. XXXX (2014 Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE (GPI 16-14 & 45-14)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 9, 2014, and recommended approval of amendments to Title 17 (Zoning
Regulations) of the Municipal Code associated with reasonable accommodation provisions and
Good Neighbor Policy for homeless services; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 20,
2014, for the purpose of considering amendments to the Municipal Code (GPI 16-14 & 45-14);
and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered all evidence, including the testimony of the
applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
BE IT ORDAINED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed amendments are consistent with and implement General Plan Housing
Element Goal 8, Policies 8.1, 8.9 and 8.10 and Programs 8.11 and 8.23, which support
efforts to implement the 10-Year Plan, solutions to meeting the needs of the homeless in
collaboration with other agencies and the adoption of regulations to address reasonable
accommodation in the application of zoning requirements to eliminate barriers to
housing opportunities.
2. The proposed amendments are consistent with and implements Strategies 1.3 and 3.3 of
the San Luis Obispo Countywide 10-year Plan to End Homelessness. These strategies
seek to cultivate and foster greater community participation in the provision of
comprehensive support services and housing opportunities.
3. The proposed amendments will further the City’s 2013-15 Financial Plan Major City
Goal: “Implement Comprehensive Strategies to Address Homelessness”.
SECTION 2. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The
project involves amendments to the Zoning Regulations of the Municipal Code associated with
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Ordinance No. (2014 Series) Attachment 9
Page 2
reasonable accommodation provisions and Good Neighbor Policy for homeless services.
Establishment of regulations for reasonable accommodation implements state legislation and the
City’s Housing Element. Each individual reasonable accommodation request will be subject to
CEQA at the time the project is filed. Establishment of a Good Neighbor Policy for homeless
services implements the City’s 2013-15 Financial Plan Major City Goal: “Implement
Comprehensive Strategies to Address Homelessness” and the San Luis Obispo Countywide 10-
year Plan to End Homelessness. Each homeless services facility request will be subject to CEQA
at the time the project is filed. It can be seen with certainty that the proposed Municipal Code
text amendments will have no significant effect on the environment.
SECTION 3. New Chapter 17.61. Reasonable Accommodation chapter is hereby
added to the City of San Luis Obispo Municipal Code, Zoning Regulations, to read as follows:
Chapter 17.61: Reasonable Accommodation
Sections:
17.61.010 Purpose and Intent.
17.61.020 Definitions.
17.61.030 Review Authority.
17.61.040 Requests for Reasonable Accommodation.
17.61.050 Application Requirements.
17.61.060 Required Findings.
17.61.070 Performance Standard.
17.61.080 Conditions of Approval.
17.61.090 Appeals.
17.61.010 Purpose and Intent.
The reasonable accommodation provisions allow for flexibility in the application of regulations and
procedures to ensure equal access to housing. The provisions set forth in this section provide a
procedure under which a disabled person may request a reasonable accommodation in the application of
zoning requirements. This section is based on requirements of the federal and state fair housing laws and
is designed to eliminate barriers to housing opportunities.
17.61.020 Definitions.
1. Disabled Person. A person who has a medical, physical or mental condition that limits a major life
activity, as those terms are defined in California Government Code section 12926, anyone who is
regarded as having such a condition or anyone who has a record of having such a condition. It
includes a person or persons, or an authorized representative of a disabled person. The term
“disabled person” does not include a person who is currently using illegal substances, unless he or
she has a separate disability.
2. Fair Housing Laws. Means (1) the Federal Fair Housing Act (42 U.S.C. § 3601 and following) and
(2) the California Fair Employment and Housing Act (Govt. Code § 12955 and following), including
amendments to them.
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Ordinance No. (2014 Series) Attachment 9
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3. Reasonable Accommodation. Means providing disabled persons flexibility in the application of land
use and zoning regulations and procedures, or even waiving certain requirements, when necessary to
eliminate barriers to housing opportunities. It may include adjustments to standards such as yard area
modifications for ramps, handrails or other such accessibility improvements; hardscape additions,
such as widened driveways, parking area or walkways; building additions for accessibility; tree
removal; or reduced off-street parking where the disability clearly limits the number of people
operating vehicles. Reasonable accommodation does not include an accommodation which would (1)
impose an undue financial or administrative burden on the city or (2) require a fundamental alteration
in the nature of the city’s land use and zoning program.
17.61.030 Review Authority.
1. Community Development Director. Requests for reasonable accommodation shall be reviewed by
the Community Development Director, if no approval is sought other than the request for reasonable
accommodation. The Community Development Director may refer the matter to any advisory
commission or committee, as appropriate.
2. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review
with another discretionary land use application shall be reviewed by the authority responsible for
reviewing the application.
17.61.040 Requests for Reasonable Accommodation
1. Request. A request for reasonable accommodation in the application of land use and zoning
regulations may be made by a disabled person, his or her representative, or a developer or provider
of housing for individuals with disabilities. A request for reasonable accommodation may include a
modification or exception to the siting, development and use of housing or housing related facilities
that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement
for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited
by the city’s land use and zoning regulations.
2. Assistance. If an applicant needs assistance in making the request, the planning division will
endeavor to provide the assistance necessary to ensure that the process is available to the applicant.
3. Balancing Rights and Requirements. The City will attempt to balance (1) the privacy rights and
reasonable request of an applicant for confidentiality, with (2) the land use requirements for notice
and public hearing, factual findings and rights to appeal, in the City’s request for information,
considering an application, preparing written findings and maintaining records for a request for
reasonable accommodation.
17.61.050 Application Requirements.
Whenever a request for reasonable accommodation is submitted for consideration, as a part of said
application, sufficient information shall be submitted to the Community Development Department to
determine whether the reasonable accommodation request complies with the provisions of this Section.
In addition to the required Administrative Approval Application checklist items, the application shall
include the following:
1. The basis for the claim that the individual is considered disabled under the fair housing laws.
Identification and description of the disability which is the basis for the request for accommodation,
including current, written medical certification and description of disability and its effects on the
person’s medical, physical or mental limitations.
2. The rule, policy, practice and/or procedure of the City for which the request for accommodation is
being made, including the zoning code regulation from which reasonable accommodation is being
requested.
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3. Type of accommodation sought.
4. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled
person(s). Where appropriate, include a summary of any potential means and alternatives considered
in evaluating the need for the accommodation.
17.61.060 Required Findings.
The approval of a reasonable accommodation shall require that the review authority first find that:
1. The housing will be used by a disabled person;
2. The requested accommodation is necessary to make housing available to a disabled person;
3. The requested accommodation would not pose an undue financial or administrative burden on the
City; and
4. The requested accommodation would not require a fundamental alteration in the nature of a City
program or law, including but not limited to land use and zoning.
17.61.070 Performance Standard.
1. Occupancy. A modification approved under this section is considered a personal accommodation for
the individual applicant and does not run with the land.
17.61.080 Conditions of Approval.
Conditions imposed by the review authority may include, but are not limited to, the following:
1. Inspection of the property periodically, as specified, to verify compliance with this section and any
conditions of approval.
2. Removal of the improvements, where removal would not constitute an unreasonable financial burden,
when the need for which the accommodation was granted no longer exists.
3. Time limits and/or expiration of the approval if the need for which the accommodation was granted no
longer exists.
4. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it
no longer exists.
5. Measures to reduce the impact on surrounding uses.
6. Measures in consideration of the physical attributes of the property and structures.
7. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not
result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or
floor area ratio requirements specified for the zone district.
8. Other conditions necessary to protect the public health, safety and welfare.
17.61.090 Appeals.
The Community Development Director shall administer and interpret these requirements, subject to the
applicable codes and City procedures. Decisions of the Director or other review authority are appealable;
subject to the Zoning Regulations appeal provisions (Chapter 17.66).
SECTION 4. Section 17.08.110 (Homeless Shelters) of Chapter 17.08 of the City of
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San Luis Obispo Municipal Code is amended to read as follows:
The below requirements are for homeless shelters within the PF zone which may be established without
use permit review. Homeless shelters in other zones, which require use permit review, will be reviewed in
the context of the City’s Good Neighbor Policy and may be subject to conditions of approval with
requirements that vary from these standards.
SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City’s rules and regulations.
It is the City’s express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the_______ day of _________, 2014, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the______ day of______, 2014, on the
following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick
City Attorney
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