HomeMy WebLinkAbout10/04/1988, 3 - ZONING REGULATIONS AMENDMENT TO ALLOW HOMELESS SHELTERS WITH USE-PERMIT APPROVAL IN VARIOUS ZONES. MEETING DATE:
u�H�i ��lllll��lll�lll city of San LUIS OBISp0 10-4-18
COUNCIL AGENDA REPORT rW N
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
The council continued this item without discussion at the September 20 meeting.
Currently, the city's Zoning Regulations list several types of group housing and
residential care facilities, but not shelters for homeless. 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, but asked staff and the Planning Commission to recommend 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 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 and standards would be
appropriate for shelters. In acting on this proposed Zoning Regulations amendment, the
council is not considering a specific project, nor preferences on who should fund or
operate any shelter which may be provided.
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.)
The city has received an application for a homeless shelter, under a zoning provision
which allows use-permit approval for temporary uses (not to exceed one year). That
application, by People's Shelter, is for a house on Johnson Avenue next to the
Telegram-Tribune, in an office zone. It is to be considered by the Planning Commission
on September 28. Staff will provide an oral update for the council at the meeting.
People's Shelter will apply for permanent approval if the temporary use is approved,
facilities can be developed as they intend, and the council amends the Zoning Regulations
to conditionally allow shelters in the 0 zone.
�� ►��IIIIII�I�� � � city of san pais osispo
i 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 accomml date shelters?
What level of review should be required for shelters?
i
Are there new standards or criteria, or exceptions to existing standards, which
should be considered when reviewing proposals for shelters?
Staff expects proposals for homeless shelters to raise several issu�s. 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 ihomeless 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 wl o 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 buss 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 vh1l 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-I zones, considering
the suitability of various locations and how the Zoning Regulations treat other types of
group housing.
i
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, as shown on the following page.
I
city of san tuis osispo
COUNCIL AGENDA REPORT
Homeless shelter zoning
Page 3
Maximum Population Density
Zone (persons per net acre)
R-1 21
R-2, O, C-N, C-T 25
R-3 40
R-4, C-R, C-C 55
C-S, M Only caretakers quarters allowed
C/OS Only single dwellings on sites of
5 to 40 acres allowed
The application now before the Planning Commission proposes a density twice that normally
allowed (25 people rather than 12 on a one-half-acre site). Whether or not that
application proceeds, staff expects the issue of population density to be raised, as
shelter providers seek to accommodate more occupants than normally allowed, to operate
economically.
Staff believes exceptions to the normal zoning density standards —but not building and
fire codes's occupancy standards— may be warranted for homeless shelters. Also, if
shelters are to be allowed in C-S and M zones, the issue of population density should be
addressed. Staff suggests allowing the population density to be set as part of the
use-permit action. The council may want to allow population density exceptions in some
but not all zones, or to set upper limits by zone or citywide that no shelter could
exceed. Staff is prepared to discuss these options in more detail if the council wishes.
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.
111111%JIMI city of san tins oBispo
COUNCIL AGENDA REPORT
Homeless shelter zoning
Page 4
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, while still allowing adequate
public participation. Commissioners did not discuss the issue of population density.
(But we expect that they will have done so on the September 28 meeting, and we will
provide an oral update.)
One commissioner addressed the commission as a citizen, advocating the course the
commission chose. No other citizens testified.
RECOMNMNDATION
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.)
B. Add to Table 8 a note that the population density for (homeless shelters is to
be set as part of the use-permit action, and that it may exceed the densities
otherwise allowed.
i
C. Establish a parking requirement of two spaces for the facility plus one space
for each six occupants at maximum allowed occupancy,.
Attached: Draft ordinance (revised since 9-20-88 agenda report) I
Planning Commission minutes, 8-27-88
Initial environmental study
gm l/cr 1383
I
I
ORDINANCE NO. (1988 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING '
THE ZONING REGULATIONS CONCERNING HOMELESS SHELTERS (CR 1383)
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 P
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 17.22.010 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
V I�
APPROVED:
4ityAd
........... ..... ....
istrative Officer
............ ........ .... ....
City Att r y
......... ................•.......
Community Development Director
,-
Ordinance No.
EXHIBIT A
Page 1 of 2
Section 17.22.010
Table 9 Continued
Uses Allowed br Zone I R-1 ' R-2 i R-31 R4; C/OSI O PF !C-N C-C I C-R!C-T,C-S i M
Homeless shelters D D D D D D D D D D D D
Section 17. 16.060
Tvpe of Use dumber of Off-Street-Parking Spaces Required
Homeless shelters Two spaces for the facility plus one
space for each six occupants at
maximum allowed occupancy
��l
Ordinance No,
EXHIBIT A
Page 2 of 2 Chapter 17.20
RESIDENTIAL OCCUPANCY
STANDARDS
Sections:
17.20.010 Group housing—Permitted
upon approval of use permit.
17.20.020 Group housing—Occupancy
limits.
r
17.20.010 Group housing—Permitted upon
approval of use permit.
Group housing (such as dormitory, rest
home, boardinghouse or fraternity) which is
occupied by six or more individuals may be
permitted upon approval of whatever type of
use permit is required by the zone district p�ovi-
sions. (Ord. 941 § l (part), 1982: prior code §
9302.7(A))
17.20.020 Group housing—Occupancy
limits.
Use permits for group housing shall stipulate
a maximum occupancy. The occupagcy Emits
shall reflect habitable space within buildings
and available parking and shall not exceed the
following standards based on the general plan:
TABLE 8
MAXIMUM POPULATION DENSITX
FOR EACH ZONE
I
Maximum Population
Density
Zone (persons per net ace)
R-I 21
R-2. 0. C-N, C-T 25
R-3 40
R-4, C-R.C-C 55
Occupancy limits for homeless shelters shall be established
by use-permit approval, and may exceed these standards.
i
7N 1—
DRAFT
P.C. Minutes
lust 24, 1988
. _ge 7.
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Item 5. Public �Hearing: Zoning Regulations Amendment CR 1383 .
Cons i derafro—nof adding emergency she ers or-The Tomeless as a
use to the Zoning Regulations; City of San Luis Obispo, applicant .
---------------------------------------------------------------------------
Commr. Gerety stepped down .
Dave Moran presented the staff report and recommended the commission
recommend to Council that homeless shelters be allowed in all zones except
R-1 and C/OS subject to commission approval of a use permit.
Chairperson Kourakis opened the public hearing .
Patrick Gerety , Buchon Street, was not against homeless shelters, but felt
the proposal should include 9-1 zones .
Chairperson Kourakis closed the public hearing.
Chairperson Kourakis suggested shelters should be in all zones except c/o-
with an administrative use permit, with review after 1 year .
Commrs . Hainline and Crotser agreed with Chairperson Kourakis .
Commr. Duerk felt homeless shelters should be treated the same as a group house
and agreed that R-1 zones should be included .
Commr. Crotser moved to recommend the zoning amendment to Council ,
to allow homeless shelters in all zones exceptc/o-'s subject to an
administrative use permit and proposed parking standards .
Commr. Schmidt seconded the motion. r
VOTING: AYES - Commrs . Crotser, Schmidt, Duerk , Hainline, Roalman , and
Kourakis .
NOES - None.
ABSENT - Commr. Gerety .
The motion passes .
city of san tuts osispo
��ii���lilillllilll��1l�►`�{{Ilil INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION W U�, - - APPLICATION NO. ETZ 2 B g�
PROJECT DESCRIPTION 4wzgwd Z57hl rig h-2 n Ilow
�o�•,a�e.itsls 5�.� y
�IoloYv�Ia l
APPLICANTcl�t
r
STAFF RECOMMENDATION:
NEGATIVE DECLARATION MITIGATION INCLUDE
EXPANDED INITIAL STUDY REQUIRED
n - ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY n),e M a T_! L DATE ' -5,e&
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION. DATE
Mega ri-e Dr. e
SUMMARY OF INITIAL STUDY FINDINGS
L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS .................................................. »o
B. POPULATION DISTRIBUTION AND GROWTH......................................... hO
C. LAND USE .......................................................................
0. TRANSPORTATION AND CIRCULATION ............................................. 4e ----E. PUBLIC SERVICES ................................................................I_�
F. UTILITIES.......................................................................J
V4C
G. NOISE LEVELS .................................................................. Mo
H. GEOLOGIC A SEISMIC HAZARDS 3 TOPOGRAPHIC MODIFICATIONS ................... »�
I. AIR QUALITY AND WIND CONDITIONS...............................................
J. SURFACE WATER FLOW AND QUALITY ..............................................
KPLANTLIFE...................................................................... b0
LANIMAL LIFE................................................................. �O
M. ARCHAEOLOGICAL/HISTORICAL ................................................. �O
N. AESTHETIC ......................................................................
�f 4S
O. ENERGWRESOURCE USE .......................................................... h0
P. OTHER .......................................................................... Ylo
IIL STAFF RECOMMENDATION
'SEE ATTACHED REPORT �e ea
;t
INITIAL ENVIRONMENTAL STUDY - EMERGENCY SHELTER ZONING
Proiect Descrintion
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 1/er28-88
i* uenotes action by Lead Person
Respond by' Nif-CTING ' ' AGENDA
C,(council
O DATE OCI 4 IS ITEM #
,VA Atty.
Clerk-orig.
Ordinance No. (t]'IY1. rducTAA.1
EXHIBIT A 01-�/ 7-
Page
Page 1 of 2
Fable 9 (Con(inued)
Uses allowed by Zone R-1 R-2 R-3 R�OS O PF 'C-N C-C!C-R C-T! C-S Mt
Homeless shelters t5 D D D D D D D D D D D D
Section 17. 10.00(!
Type of L se 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
15. A use permit for a new homeless shelter shall not be approved when another
homeless shelter exists within [one mile] of the proposed site.
RECEIVED e" �k<11 A41 LM4--
OCT 1 4 1988 _
SAN LUISOBISPO.Ca
Respond by: W `NG .. AGENDA
` -'' DACt: OCT ° '86 ITEM #j-
M15' may.
L4 Clerk-ong. RESOLUTION NO. 5255 (1983 Series)
01Al.Alotfix I
r4--r7- A RESOLUTION OF THE CITY COUNCIL OF THE
CH ICA/ CITY OF SAN LUIS OBISPO ESTABLISHING CITY
POLICY AND ADOPTING AN ACTION PLAN FOR
EMERGENCY HUMAN SERVICES
WHEREAS, the City Council has received and accepted a report dated
November 2, 1983 from the Human Relations Commission which states that
some residents of the city are without adequate food or shelter; and
WHEREAS, the City has received a report from the Police Department
dated October 19, 1983 which states that transients without food and
shelter are responsible for a disproportionate amount of all reported
crime in the city; and '
WHEREAS, the Ministerial Association of San Luis Obispo has
submitted petitions to the City Council expressing their concerns for
the plight of the homeless; and
WHEREAS, the City Council has received complaints and petitions
from residents in the general vicinity of Mitchell Park concerning
inappropriate uses and circumstances in the park; and
WHEREAS, it is the policy of the City of San Luis Obispo, as set
forth in the General Plan and other documents, that City parks shall be
made available for basic recreational uses, including, but not
necessarily limited to, playgrounds, picnic areas, ball fields and open
fields for the community; and
WHEREAS, the City of San Luis Obispo wishes to assist residents and
visitors to the city in their pursuit of a decent life wherein adequate'
food is available and appropriate shelter enjoyed by all people ;
WHEREAS, the City of San Luis Obispo has received complaints from the
business community. .
NOW, THEREFORE, the City Council, by this resolution, hereby adopts
the following policy:
R 5255
Resolution No. 525 '183 Series Page 2
Section 1. The City of San Luis Obispo publicly acknowledges the
plight of the homeless and those without adequate necessities of life
such as food and clothing.
Section 2. The City of San Luis Obispo recognizes that there is a
need for well-coordinated and efficient programs to assist the homeless
and others without the necessities of life to be administered by
appropriate state and local agencies.
Section 3. The City of San Luis Obispo declares that City public
parks are not suitable or adequate locales within which the homeless may
establish residence, nor within which ongoing social services or
agencies shall provide direct services. Further, that the plight of the
homeless is not alleviated by allowing the establishment of substandard
living conditions in parks which do not provide adequate shelter,
sanitary facilities or other necessities of life.
Section 4. The City of San Luis Obispo finds that the primary
responsibility for the development and implementation of a long-term
solution to the problem of the homeless, the poor and the needy rests
with the State of California and its respective counties.
Section 5. The City hereby adopts the following action plan:
A. The City will establish a task force with leaders
representing a cross-section of the community to bring needed
public and private resources to bear on this issue;
B. The City will initiate a dialogue with the San Luis Obispo
County Board of Supervisors regarding this issue and the use of
I
State and Federal funds available;
C. The City will continue to utilize grants-in-aid funds to
assist social service agencies in serving individuals and families
in need where such assistance is consistent with City policy; and
Resolution No. 525' 1983 Series Page 3
' D. The City Council will approve an ordinance which regulates
the use of City parks by limiting the hours said parks are open.
On motion of Councilman Dunin seconded by Mayor Billig
and on the following roll call vote:
AYES: Councilman Dunin, Mayor Billig, Councilman Settle
NOES: Councilmembers Dovey and Griffin
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of
November 1983.
I DA Ail ,o
Y RML IEC. B L
ATTEST:
CITY C ERK PAXEILA V S
APP
City Administrat ve Officer
1
/ , d
•. City orney c Chief j
s
Parks R� rection Director HRC n t r