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HomeMy WebLinkAboutAgenda Item No 09EaEMERM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: OCTOBER 23, 2012 SUBJECT: ZONE CODE AMENDMENT NO. 2012 -03 - MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," "TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2. Recommendation 1. Waive further reading and introduce by title only: ORDINANCE NO. CC -2012- 1 j�± ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, ADDING "EMERGENCY SHELTER," "TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, by roll call vote. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, that included an updated Housing Element (HE) for the period July 1, 2008 to June 30, 2014. Zone Code Amendment No. 2012 -03 satisfies Goal #3 of the HE to "assist in the development of adequate housing to meet the needs of its citizenry including a shelter for its homeless population." Senate Bill 2 (S132) specifies that the City shall update its zoning ordinance within one year. Project Description Zone Code Amendment No. 2012 -03 defines "Emergency Shelter," "Transitional Housing," and "Supportive Housing" consistent with S62. The Amendment identifies the City's Commercial Manufacturing (CM) and General Manufacturing (M2) Districts as AGENDA ITEM NO. 9 Page 1 of 24 Zone Code Amendment No. 2012 -03 October 23, 2012 Page 2 of 3 appropriate zones for the siting of emergency shelters. Various residential districts are identified for the siting of transitional and supportive housing, as noted in the Ordinance. Discussion Following a noticed public hearing on October 2, 2012, the Planning Commission unanimously approved Resolution No. PC- 2012 -32, recommending that the City Council approve Zone Code Amendment No. 2012 -03. Testimony was offered by Ron Hewison, a H.O.P.E. volunteer whose organization feeds those . in need in the City. He encouraged the Commissioners to support the proposal. Commissioners raised the following questions: 1. Will the City fund the construction and operation of a shelter? 2. Would codification of the ordinance require the City to produce a shelter? 3. Why are there no proposed development standards for transitional and supportive housing? 4. How will loitering be controlled? 5. Will facilities for abused men and women be provided? 6. Will a shelter application come before the Planning Commission? The proposed ordinance does not suggest nor bind the City to construct a shelter. It modifies the Municipal Code with language that provides the opportunity for an application to be filed in the future, as required by State law. SB2 specifies that transitional and supportive housing shall be treated as residential uses subject to the same development standards and restrictions that apply to similar housing types in the same zone. An application for shelters or housing would be processed as any other application in the zones proposed. The objective of the proposed ordinance is to allow housing in which program residents are in school, attending training, or working during daytime hours when the shelter is closed. The Management Plan for each shelter requires security, which could include daytime reconnaissance that discourages loitering at the shelter or in the surrounding neighborhood. Other measures that could mitigate concerns about loitering might include off -site intake procedures and distribution of vouchers which would eliminate the need for clients to stand in line to obtain a bed for the night. While the ordinance addresses the homeless, it does not specify housing for different homeless populations. If abused victims are homeless, they would be eligible and have access to specific programs and shelters that assist them. They would be subject to the same limitations regarding length of stay as any other individual needing shelter. Fiscal Imaact None. Page 2 of 24 Zone Code Amendment No. 2012 -03 October 23, 2012 Page 3 of 3 Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to its General Plan. The proposed Zone Code Amendment No. 2012 -03 implements the General Plan update and its Housing Element, with the appropriate opportunities for the development of emergency shelters, transitional and supportive housing in the City. No additional environmental review is required. Prepared by: Warren Morel ion, AICP Acting Community Development Director Approved by: Thomas P. Evans Interim City Manag ' Attachments: 1. Ordinance No. CC- 2012- M approving Zone Code Amendment No. 2012 -03. a. Exhibit'A' 2. Exhibit'B' — Existing CM Zones (11 X 17 Color Exhibit distributed in Council packets) 3. Exhibit'C' — Business District Land Use Map (11 X 17 Color Exhibit distributed in packets) 4. Exhibit'D'— General Plan Compatibility Matrix 5. Excerpted Draft Minutes of the October 2, 2012 Planning Commission Hearing 6. Planning Commission Staff Report for October 2, 2012 a. Exhibit 'E' — Exterior and interior photos of Union Station Homeless Services, a sampling of shelter and housing in Pasadena, CA (Color exhibits distributed in Council packets) Page 3 of 24 Page 4 of 24 ORDINANCE NO. 2012 -1309 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," "TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2 WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011 that included an updated Housing Element for the period July 1, 2008 to June 30, 2014 in compliance with applicable laws and California Department of Housing and Community Development guidelines; and WHEREAS, Goal #3 of the City's Housing Element states that the City shall assist in the development of adequate housing to meet the needs of very low, low and moderate - income households, including large families, single parent households, the disabled, senior citizens and shelter for the homeless; and WHEREAS, Program #3.K.i. of the City's Housing Element states that, in order to meet that goal, the City will update its zoning ordinance to identify a zone or zone(s) to permit emergency shelters by right consistent with SB2, within one year of adoption of the Housing Element; and WHEREAS, Program #3.K.ii. of the City's Housing Element states that, in order to meet that goal, the City will amend its zoning ordinance to allow transitional and supportive housing be treated as residential uses subject to the same development standards and restrictions that apply to similar housing types in the same zone consistent with S62, within one year of adoption of the Housing Element; and WHEREAS, Government Code Section 65103 empowers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; and WHEREAS, Government Code Section 65860 requires that a city's zoning ordinances be consistent with its general plan; and WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions: and WHEREAS, after considering Zoning Code Amendment No. 2012 -03 at a noticed public hearing on October 2, 2012, the Planning Commission of the City of Lake Elsinore recommended that the City Council approve Zoning Code Amendment No. 2012 -03; and Page 5 of 24 ORDINANCE NO. 2012 -1309 Page 2 of 4 WHEREAS, public notice of Zoning Code Amendment No. 2012 -03 has been given and the City Council of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on October 23, 2012, with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed proposed Zoning Code Amendment No. 2012 -03 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC) and finds and determines that the proposed Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental Quality Act (CEQA), the City Council determines that the Recirculated Program Environmental Impact Report certified for the update to the General Plan is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the Project. Because Zoning Code Amendment No. 2012 -03 implements the General Plan update and its Housing Element by providing appropriate opportunities for the development of emergency shelters, transitional and supportive housing in the city, no additional environmental review is required. SECTION 3. That in accordance with the California Planning and Zoning Law and the LEMC, the City Council hereby makes the following findings for the approval of Zoning Code Amendment No. 2012 -03 to the LEMC: 1. Proposed Zoning Code Amendment No. 2012 -03 will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed Zoning Code Amendment has been analyzed relative to its potential to have detrimental effects and standards have been identified to ensure that the health, safety and welfare of surrounding residents will be protected. The proposed Zoning Code Amendment will be beneficial to the public health, safety, comfort and welfare by specifying appropriate zoning districts within the City where emergency shelters, transitional and supportive housing may be developed. Furthermore, the development of such uses will follow "Use Standards" and "Development Standards" which have been formulated in compliance with State law, and which ensure compatibility with surrounding neighborhoods. Page 6 of 24 ORDINANCE NO. 2012 -1309 Page 3 of 4 2, Proposed Zoning Code Amendment No. 2012 -03 will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed Zoning Code Amendment provides a Definition of "Emergency Shelter," "Transitional Housing" and "Supportive Housing" as defined by State law. b. The proposed Zoning Code Amendment provides detailed use and development standards where necessary to ensure that emergency shelters are compatible with adjacent properties. C. Included in the use standards are specifications regarding the number of beds, hours of operation, management of the shelter, use of the program, objective of the program, length of stay, licensing, and the provision of a Shelter Management Plan. 3. The proposed Zoning Code Amendment would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. a. The proposed Zoning Code Amendment has identified appropriate zoning districts within the City that have other land uses and intensities compatible with emergency shelter facilities. The Amendment also has identified appropriate zoning districts within the City with residential densities compatible with transitional and supportive housing. b. The proposed Zoning Code Amendment provides detailed development standards to ensure that emergency shelters are compatible with adjacent properties, including the design of waiting areas, distance between shelters, external lighting, parking requirements, ADA access and amenities offered. 4. The proposed Zoning Code Amendment increases the number of potential dwelling units that may be developed on the sites. a. The City's Density Bonus Ordinance may apply to transitional and supportive housing projects were appropriate which could increase the number of potential dwelling units on sites proposed for transitional and supportive housing. 5. The proposed Amendment will not have a significant effect on the environment. The potential impacts of the General Plan Update have been analyzed in the Recirculated Environmental Impact Report (SCH #2005121019) prepared for the General Plan and its related cases, and adequate mitigation measures have been prepared where necessary. Page 7 of 24 ORDINANCE NO. 2012 -1309 Page 4 of 4 SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts Zoning Code Amendment No. 2012 -03 to the City of Lake Elsinore Municipal Code, Title 17 — Zoning, adding "Emergency Shelter," "Transitional Housing" and "Supportive Housing" to Chapter 17.08 — Definitions, and adding these uses as permitted within various Chapters, as shown in attached Exhibit `A.' SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore on the 23rd day of October 2012 and adopted at the regular meeting of the City Council on the _ day of November 2012. ATTEST: Virginia Bloom, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Brian Tisdale, Mayor City of Lake Elsinore City Council Page 8 of 24 EXHIBIT'A' Zoning Code Amendment No. 2012 -03 for Emergency (Homeless) Shelter, Transitional and Supportive Housing Modify the following Chapters in the City of Lake Elsinore Municipal Code: Chapter 17.08 DEFINITIONS 17.08.050 E definitions. "Emergency shelter" Immediate and short -term housing with supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay. 17.08.190 S definitions. "Supportive housing" Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. 17.08.200 T definitions. "Transitional housing" Buildings configured as rental apartment developments, that operate under program requirements which call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months, and no more than two years. Appropriate sites for the transitional housing development should include those close to public services and facilities including transportation. Page 9 of 24 ZCA 2012 -03 Page 2 Chapter 17.60 R -M -R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT 17.60.020 Permitted uses. Q. Supportive housing. Chapter 17.64 R -R RURAL RESIDENTIAL DISTRICT 17.64.020 Permitted uses. 1. Supportive housing. Chapter 17.68 R -E ESTATE SINGLE - FAMILY RESIDENTIAL DISTRICT 17.68.020 Permitted uses. 1. Supportive housing. Chapter 17.72 R -H HILLSIDE SINGLE- FAMILY RESIDENTIAL DEVELOPMENT DISTRICT 17.72.020 Permitted uses. 1. Supportive housing. Chapter 17.76 R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT 17.76.20 Permitted uses. K. Supportive housing. Chapter 17.80 R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT 17.80.020 Permitted uses. L. Supportive housing. M. Transitional housing. Chapter 17.84 R -3 HIGH DENSITY RESIDENTIAL DISTRICT 17.84.020 Permitted uses. L. Supportive housing. M. Transitional housing. Page 10 of 24 ZCA 2012 -03 Page 3 Chapter 17.86 RMU RESIDENTIAL MIXED -USE DISTRICT 17.86.020 Permitted uses. Table of Mixed -Use Land Uses Supportive housing. P P Transitional housing. P P See Chapter 17.08 Definitions. See Chapter 17.08 Definitions. Chapter 17.92 MC MOBILEHOME COMMUNITY DISTRICT 17.92.020 Uses permitted. F. Supportive housing. Chapter 17.134 CMU COMMERCIAL MIXED -USE DISTRICT 17.134.020 Permitted uses. Table of Mixed -Use Land Uses Supportive housing. P P Transitional housing. P P See Chapter 17.08 Definitions. See Chapter 17.08 Definitions. Chapter 17.132 C -M COMMERCIAL MANUFACTURING DISTRICT 17.132.020 Permitted uses. F. Emergency Shelter, in accordance with Sec. 17.132.150 Emergency Shelter Use & Development Standards. 17.132.150 Emergency Shelter Use & Development Standards In accordance with California Government Code Sec 65582, 65583(a), and 65589.5. emergency shelters are permitted as a matter of right in the CM zone. The purpose of regulating the siting of emergency shelters, their use and development, is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner that protects the health, safety, and general welfare of Page 11 of 24 ZCA 2012 -03 Page 4 nearby residents and businesses while providing for the housing needs of the homeless. A. Use Standards. 1. Number of Beds. An emergency shelter shall contain a maximum of 50 beds. 2. Hours of Operation. Emergency shelter operations ore limited to the evening hours and shall open not earlier than 5:00 pm and close not later than 8 a.m. daily. All clientele shall vacate the premises upon closing. There shall be no in- and -out privileges for clientele using the shelter between 10 p.m. and 6 a.m. 3. Management. The shelter shall provide onsite management during hours of operation, at a ratio of one staff member for every 15 beds. Staff members shall be awake and on duty during the operating hours of the shelter. 4. Use of the Program. The shelter shall operate on a first come, first served basis. It is preferred that the shelter operate on a voucher system, wherein Intake procedures are performed as a separate function from the shelter and results in a referral to the shelter program for a specified period of time. 5. Objective of the Program. Services shall be provided to assist clients in obtaining permanent shelter, income, and services. 6. Length of Stay. Clients are permitted to return to the shelter for a maximum of 180 days unless their individual management plan provides for longer residency while regularly participating in training or rehabilitation. 7. Reimbursement. No individual or household may be denied emergency shelter because of an inability to pay. 8. Licensing. The facility shall demonstrate that it is in good standing with County, State and City licensing agencies, if required for the owner, operator and staff. Page 12 of 24 ZCA 2012 -03 Page 5 9. Shelter Management Plan. The shelter shall provide a written management plan to the City that includes provisions for staff training and qualifications; neighborhood outreach program including litter pickup with a 500 foot radius, and traversing the neighborhood daily for input and reconnaissance; transportation options; security; location of smoking area; volunteer and donation program and procedures, intake screening to ensure compatibility with services provided at the facility, and for the training, counseling and treatment programs for clients; and health, safety and emergency plans. B. Development Standards 1. The development standards set forth in the C -M zone shall apply, unless otherwise specified herein. 2. Interior Waiting Area. Interior onsite waiting and client intake area shall be a minimum of 200 square feet, including seating for 25 clients at any one time. 3. Exterior Waiting Area. A covered exterior onsite waiting area shall be servea Dasls. it is prejerrea tnar me sneerer operare on a voucner sysrem, whoroin Intnlro nrnrorluroc nry norfnrmorl nc n cvnnmtn funrtinn frnm any one time, to protect clients from the elements. 4. Separation between Shelters. An emergency shelter shall be no closer than 300 feet from another emergency shelter, as measured from the nearest property line. 5. External Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and public- rights -of -way. 6. Parking. Off - street parking requirements shall provide for employees, residents and visitors, including a loading space, as set forth in the facility management plan which shall demonstrate the need for spaces at the facility. 7. ADA Access. The shelter shall be compliant with the Americans with Disabilities Act. Page 13 of 24 ZCA 2012 -03 Page 6 8. Amenities. The facility may include central cooking and dining areas, laundry area, recreation rooms, counseling centers, child care facilities, play areas, bike racks, and other support services for the exclusive use of the residents and staff. Chapter 17.140 M -2 GENERAL MANUFACTURING DISTRICT 17.140.20 Permitted uses. L. Emergency Shelter, in accordance with Sec. 17.132.150 Emergency Shelters Use & Development Standards. Page 14 of 24 APPENDIX B GENERAL PLAN /ZONING COMPATIBILITY MATRIX 4.� � `elf k ' um%s d w.�rar.+aasac sa,�3�>ss'l► Page 15 of 24 GENERAL PLAN DESIGNATIONS RF$mERnwL MMD USE CDMatEIRIAL INDUSTRIAL OTHER o y 'O � 55 � Z 2 y p°� ffi 7 ZONING DISTR- IT " � ° TIZ-613 FJ-11 , a y � '= v u � S .'� c C E � u r V Co C R -M -R Rural Mountainous ■ ■ R -R Rurl Residential a ❑ O R -E Estate Single Family Residential ❑ ■ R-H Hillside Single- Pamlly Residential IN ■ Residential R 1 Sglo-Famly Residential • • ■ R -2 Medim Density Residential ■ 0 ■ ■ R -3 High Density Residential ■ ■ ■ MC Mobilehome Community ■ ■ OS Open Space ■ ■ Open Space R Recreation ■ ❑ ■ P.U.D. PUD Planed Unit Development C-0 Commercial Office • ■ ■ • C -1 Neighborhood Commercial • ■ ■ ❑ Commercial C -2 General Commercial ■ ■ ■ ❑ ❑ ❑ C -P commercial Pad • IN ■ • C -M Commercial Manufacturing ❑ ❑ M -1 Limited Manufacturing ■ Industrial M -2 General Mannfachuing ■ M -3 =ecal es and Related n. May be compatible under special circumstances in the Extractive Overlay designation. ids Ruin RMU Residential Mi%ed -Use ■ CMU Commercial Mixed -Use ■ ■ ■ �EGE=)s that are compatible with General Plan designations. - Zones that may be compatible under special circom stainces. 4.� � `elf k ' um%s d w.�rar.+aasac sa,�3�>ss'l► Page 15 of 24 Page 16 of 24 CITY OF LAKE ELSINORE PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 2, 2012 CALL TO ORDER Chairman Morsch called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Chairman Morsch led the Pledge of Allegiance. ROLL CALL Vice Chairperson O'Neal Commissioner Blake Commissioner Gray Commissioner Also present: Acting Comr Director Seumalo, Senior F Attorney Leibold, and Office Approve a resolution recommending to the City Council approval of Zone Code Amendment No. 2012 -03, modifying the City of Lake Elsinore Municipal Code, Title 17 — Zoning, to add "Emergency Shelter", "Transitional" and "Supportive Housing" to Chapter 17.08 — Definitions, and to add these uses as permitted within various chapters, as required by the State of California Senate Bill 2, as shown in attached Exhibit 'A" — Emergency Shelter Ordinance. Page 17 of 24 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 2, 2012 Page 2 of 3 Planning Consultant Donahoe presented the staff report. Commissioner Blake asked how the facility is operated. Planning Consultant Donahoe stated the Union Station services in Pasadena are contracted out and it is a non - profit organization with many volunteers. Planning Consultant Donahoe stated that Commissioner Jordan sent in three questions: 1) ' Development Standards are proposed only for the Emergency Shelter use and that there were no Development Standards proposed by staff for the transitional and supportive housing. Please explain. 2) What is to keep the homeless from loitering around the Emergency Shelter during the day? 3) Will the facilities be offered to abused men or women of domesti &violence? Planning Consultant Donahoe addressed all of to the Commission for the record: Development stds for Transitional an-, specifies that T and S shall be tredied the same development stds and eLl hsg types in the same zone. (This Report, Background. Commission's both from a specific zon6`,1,,„ 2. Loitering during daytime hours;;- attending training, or working.',,"] and vouchers di %ributed from ft clients to stand In lif%to obtain a security program codl& include c loitering at the Shelter;or, in the sl Jordan's questions Supportive Housing — SB 2 as residential uses subject to ncti`iSns that a 1 to similar pp Y is�flstat d on Page` 1 of Staff option is to eliminate one or 'have clients in school, s are handled off -site, would be no need for for thd"night. The Management Plan ne reconnaissance that discourages riding neighborhood. 3. The Sheltdr� and l "S housin j�, re designed for the homeless. Should abused victimsbe homeless, they would be eligible and would have � 6ccess to spedific,progroms that assist them. They would be subject to thsame limitatlgs rega ding length of stay as other homeless individual. Vice ChairmanN�0'Neal:tPsked that, although he is in favor of the homeless shelters, who '"oinggto pay for them because the City is not in a position to incur any of the cts 4o run them? Planning Consultant Donahoe answered that this is not a proposal for the City to build a shelter. It is a proposal to provide the opportunity for a developer, non- profit organization or an association to apply for a shelter. Vice Chairman O'Neal asked if the City is following State Law. Planning Consultant Donahoe stated that the City is complying with State Law, Senate Bill (SB2). Commissioner Blake asked the City Attorney to address the S62 requirement. City Attorney Leibold explained SB2. Commissioner Blake stated that he was impressed that staff . visited some of the facilities. He indicated that he Page 18 of 24 City of Lake Elsinore Planning Commission Regular Meeting Minutes of October 2, 2012 Page 3 of 3 understands that we need to take care of people that are in need. He asked it the law states that homeless shelters are allowed to be as close as 300 feet from other homeless shelters. Planning Consultant Donahoe confirmed. Commissioner Blake stated that it seems very close in a major metropolitan area. Ron Hewison of the Elsinore H.O.P.E. Organization addressed the Commission. He stated that they have 250 volunteers that help feed those in need and also feed 1,400 families. Their mission is to help the homeless but also to proactively work on homelessness prevention. Chairman Morsh commended him for his work. Commissioner Blake stated that since the zoning has been approved, does a project like this need to go through a design review,`process such as any other development. Planning Consultant Donahoe stateAka t will be the same as a land use application and will follow the same plamm�gtprocedures. Commissioner Gray stated that this opens the and appropriate. Vice Chairman O'Neal commended Mr Chairman Morsch stated that this facility will district. Motion by Commissioner Gray arid', see approve Resolution No. 2012 -32, a Resc the City of Lake Elsmore;� California, rec Amendment No. 205 ?2b3 rrriodifying they 35 Title 17 — Zoningtoadd 'Emergency S Housing" to ChapterE 17.08 " efinitlons, within various, ghapters, \ requ red�yr Motion Dassed�4o. that is needed for t6' rate well within the commercial ad by "Chairman O'Neal to nN,off,the "Planning Commission of lending approval of Zoning Code of Lake Elsinore Municipal Code, ;r," "Transitional" and "Supportive 1 adding these uses as permitted State of California Senate Bill 2; There being'%no further business to come before the Planning Commission, Chairman Mor,�cfi adjourhbd the meeting at 9:08 p.m. The Lake Elsinore066ning Commission will adjourn to a regular meeting to be held on Tuesday, October 16, 2012, at 6:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. r_�; Warren Morelion Acting Community Development Director Rick Morsch, Chairman City of Lake Elsinore Page 19 of 24 Page 20 of 24 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 2, 2012 SUBJECT: ZONE CODE AMENDMENT NO. 2012 -03 - MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," "TRANSITIONAL," AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND ADDING THESE USES AS PERMITTED WITHIN VARIOUS CHAPTERS, AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2. Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011 that included an updated Housing Element for the period July 1, 2008 to June 30, 2014 in compliance with applicable laws and California Department of Housing and Community Development guidelines. Goal #3 of the City's Housing Element states that the City shall assist in the development of adequate housing to meet the needs of its citizenry including a shelter:for. its homeless population. Senate Bill 2 specifies that the City shall update its zoning ordinance to 1) identify a zone or zones to permit an emergency shelter by right, and 2) allow transitional and supportive housing to be treated as residential uses subject to the same development standards and restrictions that apply to similar housing types in the same zone. Both directives are to be completed within one year of the adoption of the Housing Element, or December 13, 2012. Project Description Zone Code Amendment No. 2012 -03 defines "Emergency Shelter," "Transitional" and "Supportive Housing" consistent with State law (SB 2). Identification of Appropriate Zones The Amendment identifies the City's Commercial Manufacturing (CM) and General Manufacturing (M2) Districts as appropriate zones for the siting of emergency shelters. Page 21 of 24 Zone Code Amendment No. 2012 -03 October 2, 2012 Page 2 of 4 The Amendment also identifies various residential districts for the siting of transitional and supportive housing projects as follows: ZONING DISTRICT TRANSITIONAL HSG SUPPORTIVE HSG RMR — Rural Mountainous X RR — Rural Residential X RE — Estate Single Family X RH — Hillside Single Family X R1 — Single Family X R2 — Medium Density X X R3 — High Density X X RMU — Residential Mixed Use X X MC — Mobilehome Community X CMU — Commercial Mixed Use X X The City's Density Bonus Ordinance may be applied to a transitional or supportive housing project where appropriate. Discussion & Analysis The City's Homeless Population. The 2011 County of Riverside Homeless Count revealed a population of approximately 6,203 homeless county -wide, of which 2 %, or 113 individuals are on City of Lake Elsinore streets on a given night. Use and Development Standards Zone Code Amendment No. 2012 -03 provides regulations for Emergency Shelter use and development in accordance with Section 3 (4)(A)(i) thru (viii) of SB 2 which allows for certain objective standards. The purpose of such regulations is to ensure that shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and to ensure that development occurs in a manner that protects the health, safety and general welfare of nearby residents and businesses while providing for the housing needs of the homeless. To address the special needs of homeless individuals, the following use standards for an emergency shelter are proposed: 1. An emergency shelter shall contain a maximum of 50 beds. 2. The shelter shall operate only from 5:00 pm to 8:00 am. 3. The objective of the shelter is to assist clients in obtaining permanent housing, income and services. 4. Residency at the shelter is limited to a maximum of 180 days. Page 22 of 24 Zone Code Amendment No. 2012 -03 October 2, 2012 Page 3 of 4 To ensure compatibility with adjacent properties and uses, the following use and development standards are proposed: 1. The shelter shall have a written Management Plan that details staffing, training and qualifications, neighborhood outreach, transportation, security, volunteers and donation procedures, intake screening, treatment programs, and emergency plans. 2. Attention to the size and location of interior and exterior waiting areas shall be included in the design of the facility. 3. Separation between shelters shall be a minimum of 300 feet. 4. Exterior security lighting and appropriate off - street parking are required. The City's CM and M2 Zones CM and M2 zones are limited to the Business District of the City. Exhibit 'B' shows three existing locations of CM zoning, totaling 54.33 acres: • At the southwest and southeast corner of Riverside Drive and Collier Avenue • Along the south side of Collier Avenue between Central Avenue and Chaney • On the north side of the 1 -15, east of 2nd Street in the recently approved Third Street Annexation which became effective September 22, 2012. Additional properties may be considered for the CM zone during Phase II of the Consistency Zoning Project, tentatively scheduled for public hearings during the first quarter of 2013. .CM zoning will be,fecommended in the Business Professional and Limited, Industrial General Plan designations only under special circumstances, as noted on the General Plan Compatibility Matrix. Exhibit 'C' is a copy of the Business District Land Use Map from the General Plan. The expanse of Limited Industrial designations indicate where the M2 zoning may be implemented during the Phase II Consistency Zoning Project. It is anticipated that not all of the Limited Industrial areas, totaling approximately 424 acres, will be recommended for M2 zoning. Rather, a mix and transition of the M1 and M2 zones is likely. The CM and M2 zones were selected because of their proximity to commercial centers and main streets for transportation purposes. They are also proximate to entry-level employment within the City's commercial- business - industrial sector. Pasadena's Union Station Homeless Services Staff visited the facilities operated by the City of Pasadena's Union Station Homeless Services, which provide an outstanding continuum of care. The facilities include an Intake Center, an Adult Center, a Family Center, Euclid Villas Transitional Housing, and an Administrative Center. Exterior visuals of these facilities and their surrounding Page 23 of 24 Zone Code Amendment No. 2012 -03 October 2, 2012 Page 4 of 4 neighborhoods will be presented during the Commission hearing. Interior photos have been distributed with Commission packets (See Exhibit 'D'). Much of the use and development standards proposed in this Amendment are a direct result of Staffs visit and interview with Union Station's Director of Programs, research, and an interview with a Riverside County Department of Public Social Services manager. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to its General Plan. The proposed Zone Code Amendment No. 2012 -03 to the City's Municipal Code implements the General Plan update and its Housing Element, with the identification of appropriate zoning districts for siting of an emergency shelter, transitional or supportive housing project. No additional environmental review is required. Recommendation Staff recommends that the Planning Commission take the following action: Approve Resolution No. PC 2012 -_ recommending to the City Council approval of Zone Code Amendment No. 2012 -03, modifying the City of Lake Elsinore Municipal Code, Title 17 — Zoning, to add "Emergency Shelter," "Transitional" and "Supportive Housing" to Chapter 17.08 — Definitions, and to add these uses as permitted within various chapters, as required by the State of California Senate Bill 2, as shown in attached Exhibit'A' — Emergency Shelter Ordinance. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Warren Morelion, AICP Acting Community Development Director Attachments 1. Resolution No. PC- 2012 -_ recommending that the City Council approve Zone Code Amendment No. 2012 -03. a. Exhibit W— Emergency Shelter Ordinance 2. Exhibit'B' — Existing CM Zones (11 X 17 Color Exhibit distributed in Commission packets) 3. Exhibit'C' — Business District Land Use Map (11 X 17 Color Exhibit distributed in packets) 4. Exhibit 'D' — General Plan Compatibility Matrix 5. Exhibit 'E' — Interior photos of Union Station Homeless Services facilities (Color exhibits distributed in Commission packets). Page 24 of 24 CITY OF LADE LSINOR E DREAM EXTREME,. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on October 23, 2012, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Cultural Center located at 183 North Main Street, Lake Elsinore, California, 92530, to consider the following item: ZONING CODE AMENDMENT NO. 2012 -03 — MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," "TRANSITIONAL" AND "SUPPORTIVE HOUSING" TO CHAPTER 17.08 — DEFINITIONS, AND TO ADD THESE USES AS PERMITTED WITHIN VARIOUS ZONING CHAPTERS, AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2. ALL INTERESTED PERSONS are hereby invited to attend this Public Hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City with regard to this project, you may be limited to raising only those issues you or someone else identified at the above - referenced Public Hearing or in written correspondence delivered to the City Clerk prior to or at the Public Hearing. FURTHER INFORMATION on this item may be obtained by contacting the City Clerk's Office at (951) 674 -3124, ext. 262. Materials are available for review on the City's website at http: / /www.lake- elsinore.org. All agenda materials are available for review at the City Clerk's Office located at City Hall, 130 South Main Street, Lake Elsinore, Ca. Virginia BloorrVify Clerk. Posted at City Hall on October 9, 2012 Published in the Press Enterprise on October 13, 2012