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HomeMy WebLinkAbout09/20/1988, 3 - ZONING REGULATIONS AMENDMENT TO ALLOW HOMELESS SHELTERS WITH USE-PERMIT APPROVAL IN VARIOUS ZONES MEETING DATE: �����► I�IIIIIIIIIp�' ���ll city of San lues OBISpo 9-20-88 IMIZe COUNCIL AGENDA REPORT ITEm NU FROM: Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Planner SUBJECT: Zoning Regulations amendment to allow homeless shelters with use-permit approval in various zones. SUMMARY RECOMMENDATION Introduce in summary form an ordinance to approve a negative declaration of environmental impact and to amend the Zoning Regulations to allow homeless shelters in certain zones subject to approval of a use permit. BACKGROUND Situation Currently, the city's Zoning Regulations list several types of group housing and residential care facilities, but not shelters for homeless. Over the last year, the city has interpreted the regulations to allow homeless shelters temporarily at churches. A few months ago, the City Council initiated a change to the Zoning Regulations text to include homeless shelters, as part of a response to advocates of a shelter for homeless people. The council did not specify what zones shelters should be allowed in or what type of review should be required, instead asking staff and the Planning Commission to recommend specific provisions. Staff recommended to the Planning Commission that shelters be allowed with Planning Commission approval of a use permit in all zones except conservation/open space (C/OS) and low-density residential (R-1). The Planning Commission recommends to the council that shelters be allowed in all zones except C/OS, with approval of an administrative (staff-level) use permit. The proposed zoning-regulations amendment would allow case-by-case review and public hearings. (Any administrative action can be appealed to the Planning Commission, and any Planning Commission action can be appealed to the City Council.) This agenda item concerns what zones and what type of review would be appropriate for shelters. In choosing an action on this proposed Zoning Regulations amendment, the council is not considering a specific project, nor preferences on who should fund or operate it. A recent addition to state planning law requires the city to identify appropriate sites for homeless shelters it its general plan Housing Element. We have not done so yet, but expect to when we next update the Housing Element, immediately following the Land Use Element update and no later than July 1990. (If shelter advocates are successful, a shelter will be in operation before the Housing Element update.) %3- 1111411$11�101 I city of San tuts OBISpo COUNCIL AGENDA REPORT Homeless shelter zoning Page 2 Evaluation Appropriate questions regarding this item include the following: Are some zones particularly suited or not suited to accommodate shelters? What level of review should be required for shelters? Are there standards or criteria which should be used in reviewing proposals for shelters? Staff expects actual proposals for homeless shelters to raise several issues. In residential areas, people have been concerned with personal safety, privacy, and noise. These concerns appear to be founded more on resident's perceptions of homeless people's behavior rather than location or design of a shelter. The client group served by a particular shelter is bound to be an issue, as neighbor's concerns would be different for a shelter, for example, serving people who had been evicted or lost housing through a fire, in contrast to one serving users of alcohol or other drugs who would otherwise be living on the street. These concerns can be addressed through use-permit review. Architectural compatibility, traffic or access to transit, and demand for utilities and services may also be issues. Staff thinks architectural compatibility can be addressed through existing zoning standards and architectural review procedures and guidelines. Traffic will not be significant, though convenient access to a bus route would be desirable. Busses can provide connections with social-service agencies if they are not within walking distance. Utility capacity will be addressed through the city's existing ordinances. In commercial or industrial areas, people would be concerned with security for businesses and suitability as a living environment. Security for businesses will probably be less a problem with a permanent shelter program. Temporarily living in surrounding less desirable than a residential neighborhood may be a necessary tradeoff in obtaining shelter. All applications will require an evaluation of provisions for security, management of the facility, and related services, and day vs. night activities. Staff thinks these can best be addressed on a case-by-case basis through use-permit review. In staff's view, these issues can be resolved through use-permit review without separate standards or criteria for this particular type of use. Staff thinks shelters could be appropriate in all but the C/OS and R-1 zones, considering the suitability of various locations and how the Zoning Regulations treat other types of group housing. The Zoning Regulations do have standards for population density in each zone. For conventional dwellings, these regulate the number of dwellings and bedrooms. For group housing, they regulate the number of occupants, ranging from 21 people per acre in R-1 to 55 in R-4 and some commercial zones. "�"�►�����I�II�IIPII��I� city Or San IDIS OBISPO Mii% COUNCIL AGENDA REPORT Homeless shelter zoning Page 3 Each time a new type of use has been added to the zoning chart, staff has recommended that a parking requirement be established as well. Staff recommends a requirement for shelters similar to the requirement for residential care facilities: Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy. Staff checked with several shelter operators and confirmed that this is a reasonable minimum standard. Additional parking may be required as a condition of a use permit. Staff thinks the common usage of "homeless shelter" is sufficiently clear, so the term does not have to be defined in the regulations. OTHER DEPARTMENT COMMENTS No departments are opposed to the recommended approach. ALTERNATIVES The council may amend the regulations to allow shelters in any of the zones, by right or with approval by staff or the Planning Commission. The council may establish criteria for deciding applications or standards for their operation. The council may continue action. Councilmembers should note any additional information they need to make a their decisions. CITIZEN PARTICIPATION On August 24, 1988, the Planning Commission voted six to none (one stepping down) to recommended that homeless shelters be allowed in any zone with approval of an administrative use permit. Commissioners thought all the zones except C/OS could provide suitable locations. Also, they thought administrative (staff) level hearings would minimize controversy in reviewing proposals for shelters. One commissioner addressed the commission as a citizen, advocating the course the commission chose. No other citizens testified. RECOMMENDATION Introduce in summary form an ordinance to: 1. Approve a negative declaration of environmental impact. 2. Amend the. Zoning Regulations to: A. Allow homeless shelters in all zones except C/OS, or except C/OS and R-1, subject to approval of a use permit by staff or by the Planning Commission. (The attached draft ordinance reflects the Planning Commission recommendation to allow shelters in all zones except C/OS with staff approval.) 3-3 ►��m►�►���IIIIpII� lllllll city Of San tins OBrspo COUNCIL AGENDA REPORT --- -- -- -- -- - - ---- - -- -------- -- - Homeless shelterzoning Page 4 B. Establish a parking requirement of two spaces for the facility plus one space for each six occupants at maximum allowed occupancy. Attached: Draft ordinance Planning Commission minutes, 8-27-88 Initial environmental study gml/cr1383 y ORDINANCE NO. (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE ZONING REGULATIONS CONCERNING HOMELESS SHELTERS (CR1383) WHEREAS, the Planning Commission and the City Council have held hearings to consider appropriate zoning provisions in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed Zoning Regulations amendment is consistent with the general plan; and WHEREAS, the proposed amendment has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative declaration has been granted by the city; and WHEREAS, the proposed zoning provisions promote the public health, safety, and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. After review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby affirmed. SECTION 2. Municipal Code Sections 17.16.060 and 1722.010 are amended as shown in the attached Exhibit A, included herein by reference. SECTION 3. A summary of this ordinance, approved by the city attorney, shall be published once, at least three (3) days before its final passage, in the Telegram-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 by the Council of the City of San Luis Obispo, at its meeting held on the ....... day of 1988, on motion of seconded by .. and on the following roll call vote: AYES: NOES: ABSENT: .. ......................... .......... ..... .. Mayor ATTEST: ................................. City Clerk 3-S APPROVED: City A ministrative Officer ........... ............. ...... City At rney Community Development Director �3-Co Ordinance No. EXHIBIT A Section 17.22.010 Table 9(Continued) Uses Allowed bj Zone I R-1 ; R-2 R-31 R-4C/OS O ! PF !C-N C-C I C-R I C-T!CS! M Homeless shelters D D D D D D D D D D D D Section 17. 16.060 Type of Use Number of Off-Street Parking Spaces Required Homeless shelters Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy 3- 7 1 city of san luis olmsp0 �IIIIIIIIII��I�IIII llll�illiiii,llll g INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATIONP�V //� 1chi_ APPLICATIOtN E NO. K 2 S03 � - PROJECT DESCRIPTION ►2cI zda")"Ei R¢ac�[ mmp25 +e> lrioti,,.,eis�ss s1�.a1�2vT w, �� f-�14v�1��.��, sfd;n, pjw Sfio/-, APPUCANT STAFF RECOMMENDATION: NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY n eC� DATE_ s=?" S- COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: DATE ll �eg :1.,� ��� e SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS ................................................... Y)o B. POPULATION DISTRIBUTION AND GROWTH.......................................... Y2O C. LAND USE ......................................................................._ U D. TRANSPORTATION AND CIRCULATION .............................................. 4 s E. PUBLICSERVICES ................................................................ y CS F. UTILMES........................................................................ V-es G. NOISE LEVELS ................................................................... b0 H. GEOLOGIC 3 SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... Y7o 1. AIR QUALITY AND WIND CONDMONS............................................... YI.a J. SURFACE WATER FLOW AND QUALITY .............................................. Vi0 KPLANT LIFE...................................................................... Y�O L. ANIMAL LIFE..................................................................... »O M. ARCHAEOLOGICALIHISTORICAL ................ N. AESTHETIC .......................................................................��5 O. ENERGY/RESOURCE USE .......................................................... Y7o P. OTHER .......................................................................... Y10 Ill.STAFF RECOMMENDATION 'SEE ATTACHED REPORT 3-� F" -R-88 INITIAL ENVIRONMENTAL STUDY - EMERGENCY SHELTER ZONING Proiect Description The city's Zoning Regulations list several types of group housing and care facilities , but not shelters for homeless. So far, the city has interpreted its regulations to allow homeless shelters temporarily at churches. The City Council wants to consider listing shelters in the Zoning Regulations, and staff suggests that they be allowed in any zone with Planning Commission use-permit approval. No specific, permanent homeless shelter has been proposed, though several sites have been discussed. Most likely, one shelter will be developed in San Luis Obispo to serve the city or the central part of the county. The shelter probably will be located in a commercial or public-facility zone near an arterial street and bus route. It probably would be operated by a social-service agency. It would include accommodations for single people and families, meal service, and referral to health, counseling, and employment services. The proposed change would allow case-by-case review and public hearings. A separate environmental determination would be made for each specific request. Potential Impact Review At this time, no specific impacts can be identified. Overall, environmental impacts are expected to be similar to other small to mid-sized residential or commercial buildings: usually insignificant and subject to mitigation. Depending on location and design, a homeless shelter could raise issues of architectural compatibility with its neighborhood and demand for transportation or other utilities or services. These impacts would be addressed through existing codes and standards, use-permit review, and architectural review. Also, the City Council may want to include criteria within the Zoning Regulations that would help the Planning Commission evaluate homeless shelter proposals. Conclusion No additional environmental study is warranted at this time. gm l/er28-88 .. 3-9