HomeMy WebLinkAbout02/02/1988, 4B - ZONING INTERPRETATION ALLOWING CHURCHES TO TEMPORARILY SHELTER HOMELESS PEOPLE. THIS IS THE SAME REPORT THAT WAS SENT TO YOU ON JANUARY 19, 1988. FEB2 '88
1"N111111111110111 l city San 1Ulb OBISp0 MEETING DATE:
ii% COUNCIL AGENDA REPORT M6ER:
FROM: Michael Multari, Community Development Director; BY: Glen Matteson, Associate Planner
SUBJECT:
Zoning interpretation allowing churches to temporarily shelter homeless people.
CAO RECOMMENDATION:
By motion, affirm the Community Development Director's interpretation allowing churches
to provide temporary shelter for the homeless.
BACKGROUND:
BACKGROUND
The council has been faced with the problem of homeless people in the city for several
years, and has tried to find acceptable solutions. Many alternatives have been
considered. Most recently, the council decided not to provide city facilities for
shelter, but encouraged volunteer groups to work out a solution with city support. The
short-term approach decided on for this winter involved use of local churches.
People's Shelter has enlisted churches in the city to make space available on a one-month
basis. The Seventh Day Adventist Church (Marsh and Pacific streets, O zone) provided
shelter during November, Nativity of Our Lady Church (Daly near Patricia, R-1 zone) did
so during December, and Old Mission Church (Monterey Street, C-C-S-H zone) is scheduled
to do so during January. Locations for following months have not been found.
In response to public questions, the Community Development Director (with the City
Attorney's concurrence), has interpreted the Zoning Regulations to allow churches to
shelter the homeless for up to 30 days, as an accessory church activity. Some people
have questioned whether this is a proper interpretation.
SIGNIFICANT IMPACTS/CONSEQUENCES OF ALTERNATIVES
If the interpretation is sustained, local churches will continue to shelter the homeless
during inclement weather, until a more permanent solution can be found. If this
interpretation is not sustained, then the use could be established with approval of an
administrative use permit (under Zoning Regulations Section 17.08.020.K, miscellaneous
temporary uses). The use permit could be site-specific or a blanket, program application
covering all sites; the application could be referred to or appealed to the Planning
Commission or City Council. Less likely options include:
- the council could amend the Zoning Regulations to permit shelters as an allowed or
conditionally allowed use in certain zones, or
- some other means of providing shelter could be found, or
- shelter might not be provided.
These are possible direct consequences of not taking the recommended action. No major
environmental or fiscal impacts are expected from any of the alternatives, though the
short-term effects on the homeless could be severe if no shelter is provided during the
winter. Additional health and law-enforcement costs could be expected if shelter is not
provided during inclement weather.
Church shelters
Page 2
EVALUATION
The interpretation is based on:
1. The similarity of temporary, overnight stays by the homeless at churches to other
overnight accommodations customarily provided by churches, such as for travelling
youth groups and for evacuees and those displaced by disasters.
Traditionally, churches have provided food, clothing, and shelter assistance to those
in need. Locally, the use of churches for temporary accommodations goes back at
least to World War II, when the Presbyterian Church (Marsh Street) allowed servicemen
to stay in a gymnasium-type room.
2. Zoning Regulations provisions stating:
"Listed uses are principal uses. Accessory uses are allowed with principal uses,"
(Section 17.22.010) and "Accessory means clearly subordinate or incidental and
directly related to a permitted use or structure." (Section 17.04.020)
"The director shall interpret these regulations..." (Section 17.02.040)
"These regulations are intended to permit similar types of uses within each zone.
The director, subject to appeal procedures..., shall determine whether uses which are
not listed shall be deemed allowed or allowed subject to use permit approval in a
certain zone. This interpretation procedure shall not be used as a substitute for
the amendment procedure as a means of adding new types of uses to a zone." (Section
17.22.010)
3. Prior council direction on this issue.
4. Practical need for a temporary solution.
5. Minimum apparent problems with the uses. Homeless walk or are brought to the
shelters in the evening and leave in the morning; their stays are supervised by
church volunteers.
6. Absence of general-plan or other adopted policy contrary to the interpretation.
FOLLOW-UP ACTIONS
If the council supports staff's interpretation by motion, no immediate additional action
is necessary. However, staff recommends continued city involvement in finding shelter
for the homeless. (A recent amendment to state planning law requires the general plan
Housing Element to identify potential sites for shelters, which ours does not yet do.)
If the council does not support staff's interpretation, it should give direction on the
preferred approach to reviewing and permitting temporary shelters. Staff would then work
with People's Shelter and others to process any required applications.
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