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HomeMy WebLinkAbout11/01/1988, 2A - ZONING REGULATIONS AMENDMENT TO ALLOW HOMELESS SHELTERS WITH USE-PERMIT APPROVAL IN VARIOUS ZONES. MEETING DATE: city of san tuts OBISPO 11-1-88 COUNCIL AGENDA REPORT ITEM NUMBER: 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. CAO RECOMMENDATION Introduce in summary form the attached 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. INTRODUCTION The council is considering how to provide for and regulate shelters in its Zoning Regulations. The council has received a recommendation from the Planning Commission, and has asked staff for more information. The council is also considering an appeal of a specific proposal for a homeless shelter, as a separate agenda item. SIGNIFICANT IMPACTS Several significant issues have been identified, for both the homeless whose basic shelter needs are not met and for neighbors of shelters. Staff foresees no significant impacts from allowing shelters in most multifamily and commercial zones, with case-by-case review. CONSEQUENCES OF NOT TAKING ACTION If the council does not identify appropriate areas for permanent shelters within the city, shelter providers will have continuing problems trying to provide facilities on a temporary basis. BACKGROUND Situation The council considered this item and continued action with direction at the October 4 meeting. 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 to include homeless shelters, as part of a response to advocates of a shelter for homeless people. The council did not specify in which zones shelters should be allowed or which type of review should be required, but asked staff and the Planning Commission to recommend provisions. 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. As a separate but related agenda item, the council is considering an appeal of a shelter on Johnson Avenue. A - / ��►�M��biii(Vi�llp�li� , city or Santis OBlspo A D COUNCIL AGENDA REPORT Homeless shelter zoning Page 2 Evaluation When this item was last considered, councilmembers indicated support for allowing shelters in all zones except C/OS, R-1 and R-2, subject to approval of a use permit. Councilmembers also asked staff to provide analysis of and possible ordinance language for several points, listed below. To find examples of city policies and standards for shelters, staff read information provided by the League of California Cities. The materials, while useful, dealt primarily with ideas for providing shelter, not with guidelines or standards for approving shleters in particular locations. Also, staff contacted the cities of Santa Barbara and Santa Monica, where shelters have been established. Santa Barbara's zoning regulations do not mention homeless shelters. Santa Monica recently amended its regulations to allow shelters by right in all zones except R-l; no standards other than those in the building code have been adopted. Staff suggests adding a section on shelters to the Zoning Regulations Chapter 17.08, which addresses "uses allowed in several zones," to incorporate management and population-capacity standards. 1. Management. Many of the concerns about behavior and dealing with prospective shelter occupants can be addressed only if qualified, responsible people are operating the shelter. Qualifications can be addressed through use-permit consideration, especially if the ' applicant has an operating history which can be reviewed. The council may want to require that a shelter: A. Be operated by a responsible agency or organization, with experience in managing or providing social services; B. Provide at least one qualified on-site supervisor at all times, plus (as an example) one additional supervisor for each ten occupants beyond twenty. 2. Density/occupancy Population density (occupants per unit of site area) could be limited as now provided in the Zoning Regulations, or by allowing increases up to certain percentages above that normally allowed. Staff suggests allowing population density to be set during action on the use permit, but not to exceed double that normally allowed. Occupancy (number of people in a building) could be limited by building code standards (one occupant per 50 square floor area in sleeping rooms), or some other measure, such as two occupants per bedroom (used as a guideline by the state Department of Social Services for small residential care facilities). Staff suggests using the building code standards. 14 —A- 11111111HIP111111 city of san Luis oBispo 001 , COUNCIL AGENDA REPORT Homeless shelter zoning Page 3 3. Traffic Staff's impression, confirmed by a check of published estimates of trip generation for roughly similar facilities, is that shelters generate about the same amount of traffic as conventional dwellings, and probably less traffic than offices, on similar sites. Here is a comparison of a hypothetical 3,000-square-foot building: Use Trip generation rate* Units Total weekday trip ends Apartments 8/dwelling 4 32 Office 24/1000 sq. ft. 3 72 Congregate care home 2.1/dwelling 6 13 To minimize traffic and parking problems for surrounding areas, the regulations could require at least one service-vehicle (truck loading) space for shelters with more than 30 occupants. Also, shelters could also be required to locate within a block or two (300 to 600 feet) of a bus route. 4. Dispersion There is merit in not concentrating shelters in a single neighborhood. Avoiding concentration can be dealt with during use-permit review. If the council prefers a standard, staff would suggest adding this language to proposed Section 17.18.110: A use permit for a new shelter shall not be approved when another homeless shelter exists within [distance] of the proposed site. The attached map shows, as examples, one-half, three-quarters, and one-mile distances from the proposed shelter on Johnson Avenue. Requiring shelters to be separated from "social service facilities" could increase transportation demands. Also, depending on what was included within "social services," requiring wide separation could preclude large areas of the city from being eligible. For example, requiring one-half mile separation from the Salvation Army or People's Kitchen, or Employment Development Department, would eliminate most of the central and South Higuera areas. 5. Buffer An additional issue, raised in the appeal of the People's Shelter request, is whether shelters should be excluded from "buffer areas" near zones where shelters are allowed, even if the buffer areas are in zones where shelters would otherwise be allowed. Staff thinks excluding shelters from the most sensitive zones, plus use-permit review, will adequately address this concern. I * Institute of Traffic Engineers, Trip Generation Manual, 1988. Ii�MIIIINI�hII��� � �� city of San LUIS OBISPO dMarms COUNCIL AGENDA REPORT Homeless shelter zoning Page 4 OTHER DEPARTMENT COMMENTS No other departments have advocated or opposed 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. 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 except C/OS or R-1, with approval of an administrative use permit. RECOMMENDATION To carry out previous council direction, 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, R-2, and R-1, subject to approval of a use permit by the Planning Commission. B. Require qualified management for shelters; C. Allow the number of occupants to be set as part of the use-permit action, but not to exceed twice population density allowed in the zone. D. Require a minimum separation of 1/2 mile between homeless shelters. E. 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 last agenda report) Map showing distances from Johnson Avenue site I Distributed previously: Initial environmental study Planning Commission minutes Zoning Regulations excerpt - population density standards ml crl383 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. The Zoning Regulations (Municipal Code Chapters 17.08, 17.16, and 17.22 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. - 1 -s' Ordinance No. (1988 Series) Page 2 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 APPROVED: City dministrative Officer Jr6ity Attorn ................... ..........,... Community Development Director Ordinance No. (1988 Series) EXHIBIT A Add the following section: 17.08.110. Homeless shelters. 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 supervisor at all times, plus one additional supervisor for each ten occupants beyond twenty. C. A use permit for a homeless shelter shall not be approved when another homeless shelter exists within [distance] of the proposed site. The following shall be added to Section 17.22.010 (Table 9): Uses Allowed by Zone i R-1 1 R-2 R-3 R-4 I C/OS 1 O°! PF IC-NIC-CIC-RI C-TIC-S i NI Homeless shelters (see ` pG PG PC Fc. ,Pc ; PC f PCI PGI PC I PG' Pc also Section 17.08.110) A — Allowed pC — Planning commission approval required D — Director's approval required A/D — Director's approval on ground floor.allowed above The director shat)determine tf a proposed.unlisted use is similar to a listed use.Numbeeed notes are at end of chart The following shall be added to 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 BISH P P,. �N .,'pERIM ER MOON`�P NAV'T NAY ALV VUF IN CAL POLY I r � 1 \p GP��t' LACK z °soq•$ ;GNi \ �q t•P`,�•� y ALBERT R RAYS f� i O t�FPPNG\5 x CN �S P rop 1b I ..q a o ,p(. M 0 Y z ILL BLVD. i NO Y Z ROPE c �Z 4 I �O 0.0U OT DE 14 OERIC S o IN K W 9,` $ LOOMIS a m c O w z AC STAFFO 1 i aS w L. 1 g A 8 HURRAY I L ;�A WSSI ST. 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