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HomeMy WebLinkAbout1.PLN-12-00291 - Code AmendmentSTAFF REPORT DATE: DECEMBER 5, 2012 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DIRECTOR DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-12-00291 (CODE AMENDMENT INITIATION) – A REQUEST TO INITIATE A CODE AMENDMENT TO UPDATE TH E ZONING CODE TO INCLUDE PROVISIONS FOR EMER GENCY SHELTERS, TRANS ITIONAL HOUSING, AND SUPPORTIVE HOUSING. CEQA Pursuant to Section 15061(b)(3) of the State of California Code of Regulations, staff has found that this request is not subject to CEQA since initiation of a Code Amendment does not have the potential to create an environmental impact. Should the code amendment be initiated, an environmental assessment will be conducted to analyze impacts of said Code Amendment. RECOMMENDATION Staff recommends that the Planning Commission adopt a minute action, thereby allowing staff to analyze the proposed Code Amendment and set the matter for public hearing. CODE AUTHORITY Staff is making their request pursuant to the provisions of Municipal Code Section 9832.04(a), which states that an amendment to the Zoning Code can only be initiated by the Planning Commission or the City Council. DISCUSSION Chapter 633, Statutes of 2007 (SB 2), which took effect on January 1, 2008, modified State Housing Law to require cities to address the critical needs of the homeless. This includes making provisions for Emergency Shelters, Transitional Hous ing, and Supportive Housing. These types of housing are defined as: Emergency Shelter: Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Transitional Housing: Transitional housing and transitional housing development mean rental housing operated under program requirements that 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. PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA 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. Furthermore, as part of the City’s General Plan 2008-2014 Housing Element, the City committed to updating the Zoning Ordinance for these uses. As such, staff is requesting the Planning Commission initiate the Code Amendment, thereby allowing staff to analyze the amendment and set the matter for public hearing. H:\Community Development\Blumenthal\Projects\ Housing Code Amendment\Staff Report_2012-12-5.doc Code Amendment Initiation (PLN-12-00291) December 5, 2012 - Page 2