HomeMy WebLinkAboutCity Council Agenda Item No.10REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS
INTERIM CITY MANAGER
DATE: NOVEMBER 13, 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; TO
ADD EMERGENCY SHELTER AS A PERMITTED USE WITHIN THE
COMMERCIAL MANUFACTURING (CM) AND GENERAL
MANUFACTURING (M2) ZONES; AND TO ADD TRANSITIONAL AND
SUPPORTIVE HOUSING AS A PERMITTED USE WITHIN THE HIGH
DENSITY RESIDENTIAL (R3), RESIDENTIAL MIXED -USE (RMU) AND
COMMERCIAL MIXED -USE (CMU) ZONES; AS REQUIRED BY THE
STATE OF CALIFORNIA SENATE BILL 2. (CONTINUED FROM THE
CITY COUNCIL HEARING ON OCTOBER 23, 2012)
Recommendation
1. Waive further reading and introduce by title only: ORDINANCE NO. CC -2012-
1309 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
On October 23, 2012, the proposed Zone Code Amendment No. 2012 -03 was
considered by the City Council. The Council expressed concerns that approval of the
ordinance as proposed would allow transitional and supportive housing in all residential
zones, which could impact existing single - family areas. In addition, the Council was
concerned that the City would be serving homeless clients from other nearby cities by
allowing emergency shelters. The City Council elected to continue the item and directed
staff to narrow the areas in the residential zones that would allow transitional and
supportive housing.
AGENDA ITEM NO. 10
Page I of 13
Zone Code Amendment No. 2012 -03
November 13, 2012
Page 2 of 2
Description of Revisions
Based on City Council direction, staff has revised the proposed Ordinance to limit
supportive and transitional housing to the High Density Residential (R -3), Residential
Mixed Use (RMU) and Commercial Mixed Use (CMU) zones. These zones are mainly
designated for multi - family residential units, which will limit the establishment of
supportive and transitional housing in single - family areas. Emergency shelters are
proposed only in the Commercial Manufacturing (CM) and General Manufacturing (M2)
zoning districts.
Fiscal Impact
None.
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 Morelion, AICP 'r
Acting Community Development Director
Approved by: Thomas Evans ✓ .�"
Interim City Mana
Attachments:
1. Ordinance No. CC- 2012 -1309 approving Zone Code Amendment No. 2012 -03.
a. Exhibit'A'
Page 2 of 13
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;
TO ADD EMERGENCY SHELTER AS A PERMITTED USE WITHIN
THE COMMERCIAL MANUFACTURING (CM) AND GENERAL
MANUFACTURING (M2) ZONES; AND TO ADD TRANSITIONAL
AND SUPPORTIVE HOUSING AS A PERMITTED USE WITHIN
THE HIGH DENSITY RESIDENTIAL (113), RESIDENTIAL MIXED -
USE (RMU) AND COMMERCIAL MIXED -USE (CMU) ZONES; 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 SB2, 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
Page 3 of 13
ORDINANCE NO. 2012 -1309
Page 2 of 5
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
WHEREAS, public notices of Zoning Code Amendment No. 2012 -03 have 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, and on November 13, 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"
Page 4 of 13
ORDINANCE NO. 2012 -1309
Page 3 of 5
and "Development Standards" which have been formulated in
compliance with State law, and which ensure compatibility with
surrounding neighborhoods.
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.
Page 5 of 13
ORDINANCE NO. 2012 -1309
Page 4 of 5
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.
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 13th day of November 2012.
Brian Tisdale, Mayor
City of Lake Elsinore City Council
ATTEST:
Virginia Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
Page 6 of 13
ORDINANCE NO. 2012 -1309
Page 5 of 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2012 -1309 was introduced by a regular meeting of the City
Council of the City of Lake Elsinore on the 13th day of November 2012, by the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Virginia Bloom, CMC
City Clerk
Page 7 of 13
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 8 of 13
ZCA 2012 -03
Chapter 17.84 R -3 HIGH DENSITY RESIDENTIAL DISTRICT
17.84.020 Permitted uses.
L. Supportive housing.
M. Transitional housing.
Page 9 of 13
ZCA 2012 -03
I
Chapter 17.86 RMU RESIDENTIAL MIXED -USE DISTRICT
17.86.020 Permitted uses.
Table of Mixed -Use Land Uses
Supportive housing.
Transitional housing.
Chapter 17.134 CMU COMMERCIAL MIXED -USE DISTRICT
17.134.020 Permitted uses.
Table of Mixed -Use Land Uses
Supportive housing.
Transitional housing.
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 10 of 13
ZCA 2012 -03
EM
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 are 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.
Page 11 of 13
ZCA 2012 -03
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.
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
provided, at a minimum of 100 square feet for seating for 50 clients at
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
Page 12 of 13
ZCA 2012 -03
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.
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 13 of 13