HomeMy WebLinkAbout09/20/1988, 3 - ZONING REGULATIONS AMENDMENT TO ALLOW HOMELESS SHELTERS WITH USE-PERMIT APPROVAL IN VARIOUS ZONES MEETING DATE:
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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.)
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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.
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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.)
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COUNCIL AGENDA REPORT
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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
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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
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APPROVED:
City A ministrative Officer
........... ............. ......
City At rney
Community Development Director
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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
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g INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATIONP�V //� 1chi_ APPLICATIOtN E
NO. K 2 S03
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PROJECT DESCRIPTION ►2cI zda")"Ei R¢ac�[ mmp25 +e>
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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
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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
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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.
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