HomeMy WebLinkAbout1. PLN-13-00029 - Housing Code AmendmentSTAFF REPORT
DATE:
APRIL 17, 2013
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-13-00029 (CODE AMENDMENT) – A REQUEST TO AMEND ARTICLE IX OF
THE DOWNEY MUNICIPAL CODE TO ALLOW FOR EMERGENCY SHELTERS
TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE RESIDENT
OCCUPANCIES.
LOCATION:
CITYWIDE
ZONING:
VARIOUS
REPORT SUMMARY
Many jurisdictions in the State of California have been deficient in providing sufficient housing
opportunities for special needs groups (elderly, disabled, homeless, low income, etc). In order to
encourage the development of adequate and affordable housing, SB 2 was adopted by the State
of California to amend housing law thereby requiring all cities to provide for emergency shelters,
transitional housing, supportive housing, and single resident occupancies. In response to SB 2,
the City of Downey committed to amending the Zoning Code to allow for said housing
opportunities when the City updated the Housing El ement of the General Plan. To meet these
commitments and to bring the City into compliance with the state law, staff is recommending that
the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND
APPROVE AN AMENDMENT TO ARTICLE IX OF THE DOWNEY MUNICIPAL CODE
(PLN-13-00029), THEREBY ALLOWING THE ESTABLISHMENT OF EMERGENCY
SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND SINGLE
RESIDENT OCCUPANCIES.
Inasmuch as the Code Amendment is a legislative action, City Council approval is required. As
such, the Planning Commission’s role is to review the request and make a formal
recommendation to the City Council. Should the Planning Commission recommend approval of
the request, staff will schedule the matter for a public hearing before the City Council.
BACKGROUND
On October 13, 2007, the Governor signed SB 2 (Chapter 633 of the Statutes of 2007), which
amended California housing law to require all jurisdictions to accommodate emergency shelters,
transitional housing, and supportive housing without a discretionary review.
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
On January 26, 2010, the City Council adopted an update to the Housing Element to the City’s
General Plan (Vision 2025) for the 2006-2014 planning period. Among the various policies
contained in the Housing Element, the City Council approved programs to bring the City into
compliance with SB 2.
Currently, staff is working on another mandatory update to the City’s Housing Element;
however, the Department of Housing and Community Development has indicated that they will
not certify the Element until the City complies with the requirements of SB 2. As such, the
Planning Commission initiated a code amendment on December 5, 2012 and directed staff to
study the potential code changes that would bring the City into compliance with State law.
On March 21, 2013, notice of the pending code amendment was published in the Downey Patriot
1 th
as a / page ad. Additionally, on March 22, 2013, in compliance with the California
8
Environmental Quality Act, a Notice of Intent to adopt a Negative Declaration was posted at the
Los Angeles County Recorder’s office in Norwalk.
DISCUSSION/ANALYSIS
The California State Legislature adopted SB 2 to ensure sufficient resources and fair housing
opportunities are provided to all special needs segments of the population. This includes
allowing transitional and supportive housing in all residential zones; and allowing transitional
and supportive housing, along with emergency shelters in at least one nonresidential zone. As
part of SB 2, all jurisdictions were required to adopt policies in their General Plan and update
their zoning to meet the requirements of the statute.
When the City of Downey updated the General Plan Housing Element in 2010, the city included
several policies committing to the necessary code changes for SB 2 compliance. The
applicable adopted programs include:
Program 8 - Transitional and Supportive Housing and Emergency Shelters - Revise
the Zoning Code to permit transitional and supportive housing in all residential zones as
permitted uses subject only to those standards/regulations that apply to other residential
dwellings of the same type in the same zone and in the City’s H-M Zone . Revise the
Zoning Code to permit emergency shelters by right in the City’s H-M Zone.
Program 9 – Single Room Occupancy (SRO) Housing - Revise the Zoning Code to
permit SRO’s in at least one non-residential zone as a permitted use and SRO’s as a
conditionally permitted use in appropriate residential zones. Code amendment to establish
standards for SRO’s shall be no more restrictive than standards that apply to other
residential uses of the same type permitted in the same zone.
These General Plan Programs deal with emergency shelters, transitional housing, supportive
housing, and single resident occupancies. To avoid confusion between the various types of
housing and other permitted uses listed in the Zoning Code, staff is proposing to add the
following definitions to Chapter 1 of the Zoning Code:
Emergency Shelter : An emergency residential shelter is a building where emergency
temporary lodging is provided to families and/or individuals that for various reasons have
lost the ability to house themselves, or for people in need during emergency situations such
as cold weather, storms or natural disasters, as well as victims of social misfortunes such
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 2
as domestic violence, and where on-site supervision is provided whenever such shelter is
occupied.
Single Resident Occupancy (SRO) Housing, also known as an efficiency unit, means
housing consisting of single-room dwelling units typically with no more than 400 square feet
of habitable space that is the primary residence of its occupant or occupants. The unit must
contain either food preparation or sanitary facilities (and may contain both).
Supportive Housing: "Supportive housing" means 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.
Transitional Housing : "Transitional housing" and "transitional housing development"
means buildings configured as rental housing developments, but 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.
As noted in the above-mentioned General Plan programs, the City of Downey has committed to
changing the Zoning Code to allow the following: 1) Transitional and Supportive housing in all
residential zones and the H-M (Hospital Medical Arts) zone; 2) Emergency Shelters in the H-M
zone; and 3) Single Resident Occupancies (SRO’s) in at least one residential and one non-
residential zone. The H-M zone was chosen due to its proximity to services that can
accommodate the special needs groups, specif ically since the H-M zone includes Downey
Regional Medical Center, there is an abundance of medical resources available for those in
need. Accordingly, staff is proposing to add the following uses to the permitted use tables in the
zoning code:
Table 9.3.2 Residential Zones Use Regulations
R-1
Use (all lot R-2 R-3 R-3-O Notes and Exceptions
sizes)
Residential
Single Resident Occupancy NP NP C NP Subject to Section 9430.06
Transitional/Supportive P P P P Subject to Section 9430.06
Housing
Table 9.3.5 Commercial Zones Use Regulations
Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions
Other Uses (cont’d)
Emergency Shelters, up to 30 NP NP NP NP NP P Subject to Section 9430.04
occupants
Emergency Shelters, more NP NP NP NP NP C Subject to Section 9430.04
than 30 occupants
Single Resident Occupancy NP NP NP NP NP P Subject to Section 9430.06
Transitional/Supportive NP NP NP NP NP P Subject to Section 9430.06
Housing
Even though the City is required to allow these uses, State law has provisions for the City to set
reasonable development standards to mitigate potential impacts created by the operation of
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 3
these uses. This includes providing amenities, meeting sanitary requirements, minimum lighting
requirements, parking, etc. As such, staff is including the following in the proposal:
SECTION 9430 EMERGENCY SHELTERS , TRANSITIONAL/SUPPORTIVE HOUSING
SECTION 9430.02. INTENT AND PURPOSE. The intent and purpose of this section is to
set forth a uniform set of standards for emergency shelters, transitional housing, and
supportive housing.
SECTION 9430.04 Emergency Shelter Standards and Regulations. In addition to the
development standards of the zone in which they are located, emergency shelters for
homeless persons shall be subject to and comply with the following standards and
regulations.
(a) A single Emergency Shelter for 30 occupants, or a combination of multiple
shelters with a combined capacity not to exceed 30 occupants, shall be allowed as
a permitted use, consistent with section 65583(a)(4)(A) of the Government Code.
All Emergency Shelters, regardless of the number of occupants, shall meet the
minimum standards contained herein below and the development standards of the
zone in which they are located. Any Emergency Shelter with a capacity greater
than 30 occupants shall also be subject to the approval of a conditional use permit,
as set forth in section 9824 of this code.
(b) The facility shall operate on a first-come, first serve basis with clients only
permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m.
during Pacific Daylight Time, and 5:00 p.m. and 7:00. a.m. during Pacific Standard
Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for
the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly
enforced and clients shall not be admitted after the curfew.
(c) To avoid over-concentration of Emergency Shelter facilities, a minimum
distance of 500 feet shall be maintained from any other Emergency Shelter, as
measured from the property line.
(d) Service providers shall provide sufficient numbers of male and female toilets
- restrooms for clients and prospective clients to have access to use on a twenty-
four (24) hour basis. For group housing and other similar shelter programs,
adequate private male and female showers shall be provided along with lockers for
clients to temporarily store their belongings.
(e) Any outdoor storage, including, but not limited to, items brought on-site by
clients for overnight stays, shall be screened from public view by a minimum six foot
tall decorative wall or fence.
(f) Adequate waiting areas must be provided within the premises for clients and
prospective clients including 10 square feet per bed, with a minimum of 100 square
feet, to ensure that public sidewalks or private walkways are not used as queuing or
waiting areas,
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 4
(g) Facility improvements shall comply with the Downey Municipal Code and
the most current adopted Building and Safety Code, specific to the establishment of
dormitories and shall additionally provide:
(1) A minimum of 1 toilet for every 8 beds per gender.
(2) A minimum of 1 shower for every 8 beds per gender.
(3) Private shower and toilet facility for each area designated for use by
individual families.
(h) Bike rack parking shall be provided at the facility.
(i) Exterior lighting shall be provided for the entire outdoor and parking area of
the property per the lighting standards of the Section 9520 of this Code.
(j) The facility may provide the following services in a designated area
separate from sleeping areas:
(1) A recreation area inside the shelter or in an outdoor area visually
separated from public view by a minimum six foot tall visually screening
decorative wall or fence.
(2) A counseling center for job placement, educational, health care,
legal services, or mental health services.
(3) Laundry facilities to serve the number of clients at the shelter.
(4) Kitchen and dining area.
(5) Client storage area.
(6) Similar types of facilities to address the needs of homeless clients,
as determined by the City Planner.
(k) A shelter management plan shall be submitted to the City Planner for review
and approval prior to the establishment of an Emergency Shelter. The shelter
management plan shall address all of the following:
(1) Service providers shall maintain sufficient monetary resources to
enable them to operate the facility per the shelter management plan, and
shall demonstrate to the city prior to approval of the permit application that
such funds shall be available for use upon first occupancy of the proposed
project and shall reasonably be expected to be available for the life of the
project.
(2) A minimum of one staff member per 15 beds shall be awake and on
duty when the facility is open. Facility staff shall be trained in operating
procedures, safety plans, and assisting clients. The facility shall not employ
staff who have been convicted of a felony or who are required to register as
a sex registrant under Penal Code 290.
(3) Service providers shall maintain up-to-date information and referral
sheets to give clients and other persons who, for any reason, cannot be
served by the establishment.
(4) Service providers shall provide criteria to screen clients for
admittance eligibility, with the objective to provide first service to individuals
with connections to Downey.
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 5
(5) Service providers will maintain in formation on indivi duals utilizing the
facility and will ensure that the maximum st ay at the facility shall not exceed
120 days in a 365-day period.
(6) Service providers shall continuously monitor waiting areas to inform
prospective clients whether they can be served within a reasonable time. If
they cannot be served by the provider because of time or resource
constraints, the monitor shall inform the client of alternative programs and
locations where he or she may seek similar service.
(7) Service providers will educate on-site Staff to provide adequate
knowledge and skills to assist clients in obtaining permanent shelter and
income, including referrals to outside assistance agencies. An annual report
on this activity shall be provided to the City Planner.
(8) Service providers shall provide for the timely removal of litter
attributable to clients within the vicinity of the facility every 24-hour period.
(9) Service providers will maintain good communication and have
procedures in place to respond to operational issues which may arise from
the neighborhood, City staff, or the general public.
(10) Service providers shall address how Staff will address and regulate
alcohol and illegal drug use by clients on the premises.
(11) Service providers shall establish standards for responding to
emergencies and incidents expelling clients from the facility. Readmittance
policies for clients who have previously been expelled from the facility shall
also be established.
(12) The establishment shall implement other conditions and/or
measures as determined by the city, in consultation with other city/county
agencies necessary to ensure that management and/or clients of the
establishment maintain the quiet, safety and cleanliness of the premises
and the vicinity of the use.
(13) Other requirements as deemed necessary by the city to ensure that
the facility does not create an adverse impact to surrounding properties.
(l) The facility shall comply with all other laws, rules, and regulations that apply
including, but not limited to, Building and Fire Codes. The facility shall be subject to
City inspections prior to the commencement of operation. In addition, the City may
inspect the facility at any time for compliance with the facility's Management Plan
and other applicable laws and standards.
SECTION 9430.06. Transitional Housing and Single Resident Occupancy (SRO),
Standards and Regulations. Transitional Housing and Single Resident Occupancy
("SRO"), also known as efficiency residentia l units or single room occupancy, shall be
subject to and comply with the development standards in which they are located and the
following standards and regulations.
(a) Units shall have a minimum size of 150 square feet and a maximum of 400
square feet.
(b) Each unit shall accommodate a maximum of two persons.
(c) Exterior lighting shall be provided for the entire outdoor and parking area of
the property per the lighting standards of the Section 9520 of the Code.
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 6
(d) Laundry facilities must be provided in a separate room at the ratio of one
washer and one dryer for every twenty units of fractional number thereof,
with at least one washer and dryer per floor.
(e) A cleaning supply room or utility closet with a wa sh tub with hot and cold
running water shall be provided on each floor of the SRO (efficiency) unit
facility.
(f) Each unit required to provide a separate bathroom containing a water
closet, lavatory and bathtub and/or shower.
(g) Each unit shall be provided with a kitchen sink, functioning cooking
appliance and a refrigerator, each having a clear working space of not less
then 30 inches in front.
(h) Each SRO (efficiency) unit shall have a separate closet.
(i) SRO (efficiency) units shall comply with all requirements of the California
Building Code. All units shall comply with all applicable accessibility and
adaptability requirements. All common areas shall be fully accessible.
(j) An SRO (efficiency) unit project shall not be located within five hundred
(500) feet of any other SRO (efficiency) unit project, emergency shelter, or
other similar program, unless such program is located within the same
building or on the same lot.
(k) An SRO (efficiency) unit project with 10 or more units shall provide on-site
management. A project with less than 10 units may provide a management
office off-site.
(l) Tenancy of SRO (efficiency) units shall not be less than 30 days.
The final portion of the code amendment is to ensure there is sufficient parking available for the
proposed uses without creating a burden on the development these types of housing. Staff feels
that it is important to include the parking requirements since these uses generate different parking
demand than standard residential uses. The Planning Commission will take note that staff is not
proposing a parking standard for the Transition or Supportive Housing. It is staff’s opinion that both
transitional and supportive housing should be parked under the standard residential parking
requirements.
SECTION 9708 RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
Table 9.7.2 Residential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Emergency Shelter 1 uncovered space per 4 beds
plus 1 uncovered space per staff
member
Single Resident Occupancy 1 uncovered space for every 3
units plus two uncovered spaces
for each onsite manager unit
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 7
Staff believes that the proposed code amendment is appropriate and reasonable. The
amendment will allow for the development of affordable and adequate housing that meets the
needs of an underserved segment of the population. Staff further believes that the proposed
development standards will prevent the uses from becoming an undue burden onto others.
ENVIRONMENTAL ANALYSIS
In accordance with the provisions of the California Environmental Quality Act (CEQA), staff has
prepared an Initial Study for a Negative Declaration of Environmental Impacts (attached).
During this analysis staff looked at potential impacts from air quality, traffic, noise, and geology
among others. It was found that existing codes and the existing mitigation measures found in
the General Plan Mitigation Monitoring Program, which apply to all projects within the city,
already reduce any potential impact to a level that is below significance. As a result of the
analysis contained in the Initial Study, it is staff's opinion that the proposed code amendment
will not have a significant effect on the environment resulting in the recommended Negative
Declaration.
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted prior
to the Planning Commission recommending approval of the Code Amendment to the City Council.
A discussion of the findings follows:
A. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety, and
general welfare.
Currently, the City does not have specific provisions to accommodate housing for
homeless, disabled, and low income persons; and is limited on its provisions to
accommodate the elderly. The proposed code amendment will allow for the development
of affordable and adequate housing that meets the needs of this underserved segment
of the population. It is staff’s opinion that the code amendment will provide necessary
and desirable opportunities to meet the needs of the community. Staff further believes
that allowing proper housing in conjunction with the proposed development standards is
a necessary step to protect the public health, safety, and welfare.
B. The proposed amendment is in general conformance with the General Plan.
As mentioned previously in this report, when the City of Downey adopted an update to
the Housing Element of the General Plan in 2010, the City Council included two
programs that address the City’s desire to comply with SB 2. This includes Program 8
(Transitional and Supportive Housing and Emergency Shelters) and Program 9 (Single
Room Occupancy (SRO) Housing). This code amendment implements these programs
by adding these types of uses to the permitted use table in the Zoning Code and
creating development standards to guide the development and use of these housing
types. These development standards will also serve to protect the people who live and
work in the City of Downey, which is in conformance with the variety of other policies in
the General Plan. As such, it is staff’s opinion that the code amendment is in general
conformance with the General Plan.
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 8
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Pursuant to the requirements of SB 2 (Chapter 633 of the Statutes of 2007), the City is
mandated by the State of California to provi de for emergency shelters, transitional housing,
supportive housing, and single resident occupancy housing. Notwithstanding this mandate, the
proposed code amendment sets the necessary development standards to ensure these housing
types do not become an undue burden on others. Staff is concluding that these standards will
provide the maximum allowed protection to the community, while being in compliance with State
law. Finally, as noted above, staff believes that both findings required to approve the Code
Amendment can be made in a positive manner and the proposed code amendment will not have
an impact on the environment. As such , staff is recommending that the Planning Commission
recommend that the City Council adopt a Negativ e Declaration of Environmental Impacts and
approve the Code Amendment (PLN-13-00029).
Code Amendment (PLN-13-00029) – Housing Code Amendment
April 17, 2013 - Page 9
RESOLUTION NO. __________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE
DECLARATION AND APPROVE AN AMENDMENT TO ARTICLE IX OF THE
DOWNEY MUNICIPAL CODE (PLN-13-00029), THEREBY ALLOWING THE
ESTABLISHMENT OF EMERGENCY SHELTERS, TRANSITIONAL.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1
. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On October 13, 2007, the Governor signed SB 2 (Chapter 633 of the Statutes of
2007), which amended California housing law to require all jurisdictions to
accommodate emergency shelters, transitional housing, and supportive housing
without a discretionary review; and,
B. The City’s current zoning regulations would does not allow emergency shelters,
transitional housing, supportive housing and single resident occupancies; however,
the City of Downey desires to ensure its Zoning Code is in compliance with State
Law; and,
C. On December 5, 2012, the Planning Commission initiated a Code Amendment and
directed to study potential code changes to allow for SB 2 compliance; and,
D. On March 21, 2013, notice of the pending code amendment was published in the
1
th
Downey Patriot as a / page ad. Additionally, on March 22, 2013, in compliance
8
with the California Environmental Quality Act, a Notice of Intent to adopt a Negative
Declaration was posted at the Los Angeles County Recorder’s office in Norwalk;
and,
E. The Planning Commission held a duly noticed public hearing on April 17, 2013, and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearings, adopted this resolution.
SECTION 2
. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed code amendment, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the Planning Commission
herby finds that the approval of the c ode amendment (PLN-13-00029) will not have any
potential negative environmental impacts.
SECTION 3 .
Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
1. That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety, and
general welfare. Currently, the City does not have specific provisions to
accommodate housing for homeless, disabled, and low income persons; and is
limited on its provisions to accommodate the elderly. The proposed code
Resolution No. ___________
Downey Planning Commission
amendment will allow for the development of affordable and adequate housing that
meets the needs of this underserved segment of the population. The code
amendment will provide necessary and desirabl e opportunities to meet the needs of
the community and by allowing proper housing in conjunction with the proposed
development standards the City is taking a necessary step to protect the public
health, safety, and welfare.
2. The proposed amendment is in general conformance with the General Plan. When
the City of Downey adopted an update to the Housing Element of the General Plan in
2010, the City Council included two programs that address the City’s desire to
comply with SB 2. This includes Program 8 (Transitional and Supportive Housing
and Emergency Shelters) and Program 9 (Single Room Occupancy (SRO) Housing).
This code amendment implements these programs by adding these types of uses to
the permitted use table in the Zoning Code and creating development standards to
guide the development and use of these housing types. These development
standards will also serve to protect the people who live and work in the City of
Downey, which is in conformance with the variety of other policies in the General
Plan.
SECTION 4
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9130 of Article IX of the Downey Municipal Code to add the following
definition:
Emergency Shelter
: An emergency residential shelter is a building where emergency
temporary lodging is provided to families and/or individuals that for various reasons have
lost the ability to house themselves, or for people in need during emergency situations
such as cold weather, storms or natural disasters, as well as victims of social
misfortunes such as domestic violence, and where on-site supervision is provided
whenever such shelter is occupied.
SECTION 5
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9158 of Article IX of the Downey Municipal Code to add the following
definitions:
Single Resident Occupancy
(SRO) Housing, also known as an efficiency unit, means
housing consisting of single-room dwelling units typically with no more than 400 square
feet of habitable space that is the primary residence of its occupant or occupants. The
unit must contain either food preparation or sanitary facilities (and may contain both).
Supportive Housing:
"Supportive housing" means 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.
SECTION 6
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9160 of Article IX of the Downey Municipal Code to add the following
definition:
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 2
Resolution No. ___________
Downey Planning Commission
Transitional Housing
: "Transitional housing" and "transitional housing development"
means buildings configured as rental housing developments, but 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.
SECTION 7
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9312.06(d) of Article IX of the Downey Municipal Code to add the
following uses to Table 9.3.2:
Table 9.3.2 Residential Zones Use Regulations
R-1
Use (all lot R-2 R-3 R-3-O Notes and Exceptions
sizes)
Residential
Single Resident Occupancy NP NP C NP Subject to Section 9430.06
Transitional/Supportive P P P P Subject to Section 9430.06
Housing
SECTION 8
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9314.04(d) of Article IX of the Downey Municipal Code to add the
following uses to Table 9.3.5:
Table 9.3.5 Commercial Zones Use Regulations
Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions
Other Uses (cont’d)
Emergency Shelters, up to 30 NP NP NP NP NP P Subject to Section 9430.04
occupants
Emergency Shelters, more NP NP NP NP NP C Subject to Section 9430.04
than 30 occupants
Single Resident Occupancy NP NP NP NP NP P Subject to Section 9430.06
Transitional/Supportive NP NP NP NP NP P Subject to Section 9430.06
Housing
SECTION 9
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council add Section 9430 to Article IX of the Downey Municipal Code, which shall read as
follows:
SECTION 9430 EMERGENCY SHELTERS, TRANSITIONAL/SUPPORTIVE HOUSING
SECTION 9430.02. INTENT AND PURPOSE.
The intent and purpose of this section is
to set forth a uniform set of standards for emergency shelters, transitional housing, and
supportive housing.
SECTION 9430.04 Emergency Shelter Standards and Regulations.
In addition to the
development standards of the zone in which they are located, emergency shelters for
homeless persons shall be subject to and comply with the following standards and
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 3
Resolution No. ___________
Downey Planning Commission
regulations.
(a) A single Emergency Shelter for 30 occupants, or a combination of
multiple shelters with a combined capacity not to exceed 30 occupants, shall be
allowed as a permitted use, consistent with section 65583(a)(4)(A) of the
Government Code. All Emergency Shelters, regardless of the number of
occupants, shall meet the minimum standards contained herein below and the
development standards of the zone in which they are located. Any Emergency
Shelter with a capacity greater than 30 occupants shall also be subject to the
approval of a conditional use permit, as set forth in section 9824 of this code.
(b) The facility shall operate on a first-come, first serve basis with clients only
permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m.
during Pacific Daylight Time, and 5:00 p.m. and 7:00. a.m. during Pacific
Standard Time. Clients must vacate the facility by 8:00 a.m. and have no
guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be
established and strictly enforced and clients shall not be admitted after the
curfew.
(c) To avoid over-concentration of Emergency Shelter facilities, a minimum
distance of 500 feet shall be maintained from any other Emergency Shelter, as
measured from the property line.
(d) Service providers shall provide sufficient numbers of male and female
toilets - restrooms for clients and prospective clients to have access to use on a
twenty-four (24) hour basis. For group housing and other similar shelter
programs, adequate private male and female showers shall be provided along
with lockers for clients to temporarily store their belongings.
(e) Any outdoor storage, including, but not limited to, items brought on-site by
clients for overnight stays, shall be screened from public view by a minimum six
foot tall decorative wall or fence.
(f) Adequate waiting areas must be provided within the premises for clients
and prospective clients including 10 square feet per bed, with a minimum of 100
square feet, to ensure that public sidewalks or private walkways are not used as
queuing or waiting areas,
(g) Facility improvements shall comply wi th the Downey Municipal Code and
the most current adopted Building and Safety Code, specific to the establishment
of dormitories and shall additionally provide:
(1) A minimum of 1 toilet for every 8 beds per gender.
(2) A minimum of 1 shower for every 8 beds per gender.
(3) Private shower and toilet facility for each area designated for use
by individual families.
(h) Bike rack parking shall be provided at the facility.
(i) Exterior lighting shall be provided for the entire outdoor and parking area
of the property per the lighting standards of the Section 9520 of this Code.
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 4
Resolution No. ___________
Downey Planning Commission
(j) The facility may provide the following services in a designated area
separate from sleeping areas:
(1) A recreation area inside the shelter or in an outdoor area visually
separated from public view by a minimum six foot tall visually screening
decorative wall or fence.
(2) A counseling center for job placement, educational, health care,
legal services, or mental health services.
(3) Laundry facilities to serve the number of clients at the shelter.
(4) Kitchen and dining area.
(5) Client storage area.
(6) Similar types of facilities to address the needs of homeless clients,
as determined by the City Planner.
(k) A shelter management plan shall be submitted to the City Planner for
review and approval prior to the establishment of an Emergency Shelter. The
shelter management plan shall address all of the following:
(1) Service providers shall maintain sufficient monetary resources to
enable them to operate the facility per the shelter management plan, and
shall demonstrate to the city prior to approval of the permit application that
such funds shall be available for use upon first occupancy of the proposed
project and shall reasonably be expected to be available for the life of the
project.
(2) A minimum of one staff member per 15 beds shall be awake and on
duty when the facility is open. Facility staff shall be trained in operating
procedures, safety plans, and assisting clients. The facility shall not employ
staff who have been convicted of a felony or who are required to register as
a sex registrant under Penal Code 290.
(3) Service providers shall maintain up-to-date information and referral
sheets to give clients and other persons who, for any reason, cannot be
served by the establishment.
(4) Service providers shall provide criteria to screen clients for
admittance eligibility, with the objective to provide first service to individuals
with connections to Downey.
(5) Service providers will maintain information on individuals utilizing
the facility and will ensure that the maximum stay at the facility shall not
exceed 120 days in a 365-day period.
(6) Service providers shall continuously monitor waiting areas to
inform prospective clients whether they can be served within a
reasonable time. If they cannot be served by the provider because of time
or resource constraints, the monitor shall inform the client of alternative
programs and locations where he or she may seek similar service.
(7) Service providers will educate on-site Staff to provide adequate
knowledge and skills to assist clients in obtaining permanent shelter and
income, including referrals to outside assistance agencies. An annual
report on this activity shall be provided to the City Planner.
(8) Service providers shall provide for the timely removal of litter
attributable to clients within the vicinity of the facility every 24-hour period.
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 5
Resolution No. ___________
Downey Planning Commission
(9) Service providers will maintain good communication and have
procedures in place to respond to operational issues which may arise
from the neighborhood, City staff, or the general public.
(10) Service providers shall address how Staff will address and
regulate alcohol and illegal drug use by clients on the premises.
(11) Service providers shall establish standards for responding to
emergencies and incidents expelling clients from the facility.
Readmittance policies for clients w ho have previously been expelled from
the facility shall also be established.
(12) The establishment shall implement other conditions and/or
measures as determined by the city, in consultation with other city/county
agencies necessary to ensure that management and/or clients of the
establishment maintain the quiet, safety and cleanliness of the premises
and the vicinity of the use.
(13) Other requirements as deemed necessary by the city to ensure
that the facility does not create an adverse impact to surrounding
properties.
(l) The facility shall comply with all other laws, rules, and regulations that
apply including, but not limited to, Building and Fire Codes. The facility shall be
subject to City inspections prior to the commencement of operation. In addition,
the City may inspect the facility at any time for compliance with the facility's
Management Plan and other applicable laws and standards.
SECTION 9430.06. Transitional Housing and Single Resident Occupancy (SRO),
Standards and Regulations.
Transitional Housing and Single Resident Occupancy
("SRO"), also known as efficiency residential units or single room occupancy, shall be
subject to and comply with the development standards in which they are located and the
following standards and regulations.
(a) Units shall have a minimum size of 150 square feet and a maximum of
400 square feet.
(b) Each unit shall accommodate a maximum of two persons.
(c) Exterior lighting shall be provided for the entire outdoor and parking area
of the property per the lighting standards of the Section 9520 of the Code.
(d) Laundry facilities must be provided in a separate room at the ratio of one
washer and one dryer for every twenty units of fractional number thereof,
with at least one washer and dryer per floor.
(e) A cleaning supply room or utility closet with a wash tub with hot and cold
running water shall be provided on each floor of the SRO (efficiency) unit
facility.
(f) Each unit required to provide a separate bathroom containing a water
closet, lavatory and bathtub and/or shower.
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 6
Resolution No. ___________
Downey Planning Commission
(g) Each unit shall be provided with a kitchen sink, functioning cooking
appliance and a refrigerator, each having a clear working space of not
less then 30 inches in front.
(h) Each SRO (efficiency) unit shall have a separate closet.
(i) SRO (efficiency) units shall comply with all requirements of the California
Building Code. All units shall comply with all applicable accessibility and
adaptability requirements. All common areas shall be fully accessible.
(j) An SRO (efficiency) unit project shall not be located within five hundred
(500) feet of any other SRO (efficiency) unit project, emergency shelter,
or other similar program, unless such program is located within the same
building or on the same lot.
(k) An SRO (efficiency) unit project with 10 or more units shall provide on-site
management. A project with less than 10 units may provide a
management office off-site.
(l) Tenancy of SRO (efficiency) units shall not be less than 30 days.
SECTION 10
. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9708 of Article IX of the Downey Municipal Code to add the following
parking requirements to Table 9.7.2:
Table 9.7.2 Residential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Emergency Shelter 1 uncovered space per 4 beds
plus 1 uncovered space per
staff member
Single Room Occupancy 1 uncovered space for every 3
units plus two uncovered
spaces for each onsite manager
unit
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 7
Resolution No. ___________
Downey Planning Commission
SECTION 11
. The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 17 day of April, 2013.
Louis Morales, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
th
Commission of the City of Downey at a regular meeting thereof, held on the 17 day of April,
2013, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONER:
Mary Cavanagh, Secretary
City Planning Commission
Code Amendment (PLN-13-00029) – Housing SB 2 Compliance
April 17, 2013 - Page 8
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PROJECT NAME: Code Amendment for SB 2 Compliance
PROJECT LOCATION:
Citywide
PROJECT APPLICANT: City of Downey
Community Development Department
Planning Division
11111 Brookshire Avenue
Downey, CA 90241
LEAD AGENCY: City of Downey
Community Development Department
Planning Division
11111 Brookshire Avenue
Downey, CA 90241
Contact: David Blumenthal, Senior Planner
(562) 904-7154
dblumenthal@downeyca.org
PUBLIC REVIEW PERIOD:
March 21, 2013 to April 17, 2013
This Negative Declaration and Initial Study Checklist have been prepared pursuant to the
California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.)
and the State CEQA Guidelines (California Code of Regulations, Section 15000, et seq.).
Written comments regarding this Negative Declaration shall be made to the Lead Agency listed
above prior to 5:00 p.m. on the last day of the Public Review Period.
CEQA INITIAL STUDY – PLN-13-000 29 SECTION I – INTRODUCTION
SECTION I. INTRODUCTION
1. Description of project:
PLN-13-00029 (Code Amendment) – This c ode amendment is to amend various
sections of Article IX of the Downey Municipal Code to allow the establishment of
Emergency Shelters and to allow Transitional and Supportive Housing, as required by
Chapter 633, Statutes of 2007 (SB 2). This includes allowing Emergency Shelters in the
H-M (Hospital Medical Arts) zone, Transitional/Supportive Housing in all the residential
zones and the H-M zone, and Single Room Occupancy (SRO’s) in the R-3 (Multi-Family
Residential) and H-M (Hospital Medical Arts) zones; as well as, setting development
standards for these uses. The specific code language changes are listed in Section V of
this Initial Study.
2. Description of project site (as it currently exists):
The proposed code amendment affects permitted uses in all the residential zones and in
the H-M zone. These properties are improved with various types of developments.
3. Description of surrounding properties:
The proposed code amendment affects permitted uses in all the residential zones and in
the H-M zone. These properties are surrounded by various types of improvements.
4. City Characteristics:
The City of Downey is 12.8 square mile comm unity that is located in the southeastern
part of Los Angeles County. The State of California Department of Finance estimated
that City’s population is 112,201, as of January 1, 2012. The City of Downey is located
about 12 miles southeast of downtown Los Angeles and is bounded by: the Rio Hondo
River on the west; Telegraph Road on the north; the San Gabriel River on the east; and
Gardendale Street and Foster Road on the south. Cities bordering Downey include:
Pico Rivera on the north and Santa Fe Springs on the northeast, Norwalk on the east,
Bellflower and Paramount on the south, South Gate on the southwest and west and
Commerce on the northwest.
Regional access to and from the City of Do wney is provided by the Santa Ana (I-5)
Freeway; Glen Anderson Freeway (I-105) Freew ay; the San Gabriel River Freeway (I-
605) Freeways; and the Long Beach Freeway (I-710); MTA Green Line Light Rail
passenger train services at the Lakewood Boulevard station, and various Metro Bus
Lines that connect throughout the City.
The City of Downey is a Charter City wi th most municipal services being provided
directly by the City. This includes City Po lice and Fire services, as well as, Planning,
Building, Housing, Economic Development, Parks and Recreation, Library, and Public
Works. Additionally, the City of Downey oversees operation of the Downey Civic
Theater, the DowneyLINK Transit System, and the Farmer’s Market.
5. Other public agencies whose approval is required:
(e.g., permits, financing approval,
or participation agreement.)
City of Downey Page 2 March 21, 2013
CEQA INITIAL STUDY – PLN-13-000 29 SECTION I – INTRODUCTION
None
6. Location Map:
City of Downey Location in Regional Context
City of Downey Page 3 March 21, 2013
CEQA INITIAL STUDY – PLN-13-000 29 SECTION I – INTRODUCTION
City of Downey
City of Downey Page 4 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SECTION II – ENVIRO NMENTAL FACTORS
SECTION II. ENVIRONMENTAL FACTORS
POTENTIALLY AFFECTED
The environmental factors checked belo w would be potentially affected by this project, involving at least
one impact that is a “Potentially Significant Impact” as indicat ed by the checklist in section III.
Aesthetics Land Use and Planning
Agriculture Resources Mineral Resources
Air Quality Noise
Biological Resources Population and Housing
Cultural Resources Public Services
Geology and Soils Recreation
Greenhouse Gas Emissions Transportation/Traffic
Hazards & Hazardous Materials Utilities & Service Systems
Hydrology & Water Quality Mandatory Findings of Significance
DETERMINATION:
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could ha ve a significant effect on the environment,
there will not be a significant effect in this ca se because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be
prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a signifi cant effect(s) on the environment, but at least
one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a “potentially significant impact” or “potentially
significant unless mitigated”. An ENVIRONMEN TAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could ha ve a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier EI R pursuant to applicable standards, and (b) have
been avoided or mitigated pursuant to that ear lier EIR, including revisions or mitigation
measures that are imposed upon the proposed project.
Signature: îËÔÖÔÏÜÑ ÊÔÖÏØÙ ÛÄ ùÜÇÔÙ ûÑÈÐØÏÉÕÜÑ Date:March 21, 2013
David Blumenthal, Senior Planner
for the City of Downey
City of Downey Page 5 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
SECTION III. INITIAL STUDY CHECKLIST
AND ENVIRONMENTAL EVALUATION
This section analyzes the potential environmental impacts which may result from the proposed project.
For the evaluation of potential impacts, the questions in the Initial Study Checkl ist are stated and answers
are provided according to the analysis undertaken as part of the Initial Study. They outline the following
issues:
1. Aesthetics 10. Mineral Resources
2. Agriculture Resources 11. Noise
3. Air Quality 12. Population and Housing
4. Biological Resources 13. Public Services
5. Cultural Resources 14. Recreation
6. Geology and Soils 15. Transportation and Traffic
7. Hazards and Ha zardous Materials 16. Ut ilities and Service Systems
8. Hydrology and Water Quality 17. Mandatory Findings of Significance
9. Land Use and Planning
The analysis considers the project’s short-term impact s (construction-related), and its operational or day-
to-day impacts. For each question, there ar e four possible responses. They include:
.
1. No Impact Future development arising from the project’s implementation will not have any
measurable environmental impact on the environm ent and no additional analysis is required.
.
2. Less Than Significant Impact The development associated with project implementation will
have the potential to impact the environment; thes e impacts, however, will be less than the levels
or thresholds that are considered signif icant and no additional analysis is required.
.
3. Potentially Significant Impact Unless Mitigated The development will have the potential to
generate impacts which will have a significant effect on the environment; however, mitigation
measures will be effective in reducing the impac ts to levels that are less than significant.
.
4. Potentially Significant Impact Future implementation will hav e impacts that are considered
significant, and additional analysis is required to identify mitigation measures that could reduce
these impacts to less than significant levels.
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
1. AESTHETICS.
Would the project:
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c. Substantially degrade the existi ng visual character or quality
of the site and its surroundings?
d. Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
City of Downey Page 6 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
Response:
(a through d):
The City of Downey is an urban environment with no scenic vistas or scenic highways. The
proposed code amendment would allow Emergency Shel ters in the H-M (Hospital Medical Arts) zone,
Transitional/Supportive Housing in all the residentia l zones and the H-M zone, and Single Room Occupancy
(SRO’s) in the R-3 (Multi-Family Residential) and H-M (Hospital Medical Arts) zones; as well as, setting
development standards for these uses. While the developm ent standards require proper lighting for all outdoor
areas, include parking lots, it is not above and beyon d that is required for any other new development.
Nevertheless, the Municipal Code requires these lights to be properly shielded, directed, and/or positioned as not
to unreasonably. With these existing regulations, the additi onal lighting will not create a significant source of light
or glare.
2. AGRICULTURE RESOURCES.
In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland. Would the project:
a. Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b. Conflict with existing zoning for agricultural use or a
Williamson act contract?
c. Involve other changes in the existing environment which,
due to their location or nature, c ould result in conversion of
Farmland, to non-agricultural use?
Response:
(a through c):
The City of Downey is an urbanized area that is mostly built out with only infill development
potential. There are no agricultural lands within the City ’s boundaries. Furthermore, the City’s General Plan
(Vision 2025) does not include provisions for agricultural uses in the future. While the City has a variety of zoning
districts, in which agricultural uses are only allowed in the Open Space (O-S) zone, which is not being altered by
this amendment.
3. AIR QUALITY.
Where available, the significance criter ia established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations. Would
the project:
a. Conflict with or obstruct implementation of the applicable air
quality plan?
b. Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
City of Downey Page 7 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors?
Response:
(a through d):
While the proposed code amendment will not dire ctly approve new construction or development,
it is feasible that the code amendment will encour age the construction of new emergency shelters and/or
transitional/supportive housing. During the construction, short term air quality impacts can be anticipated from
construction equipment operating on the site and dust created during grading operations. Nevertheless, these
impacts are considered less than significant due to the s hort term nature of the c onstruction, construction
equipment is already required to comply with the Califor nia Air Resource Board’s (CARB) regulations, and all
construction activity is subject to the South Coast Ai r Quality Management District ’s (SCAQMD) regulations
regarding fugitive dust. Furthermore, the Final Environm ental Impact Report (FEIR) that was prepared for the
Downey Vision 2025 Comprehensive General Plan Updat e (SCH #2004031159), which was certified on January
25, 2005, includes several mitigation measures intended to reduce air quality impacts from construction. Since
these mitigation measures are already required on the construction, no additional mitigation is required.
(e):
Operation of emergency shelters can only result in objectionable odors by allowing the accumulation of
debris and trash on the site. To avoid these types of im pacts, the proposed code language requires that all trash
and debris be cleanup up on a daily basis, as such no impact is anticipated.
4. BIOLOGICAL RESOURCES.
Would the project:
a. Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a
candidate, sensitive, or specia l status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b. Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or
regional plans, policies, and regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
c. Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, f illing, hydrological interruption,
or other means?
d. Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native w ildlife nursery sites?
e. Conflict with any local policies or ordinances protecting
biological resources? (i.e. tree preservation ordinance).
City of Downey Page 8 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Co mmunity Conservation Plan,
or other approved local, regional or state habitat
conservation plan?
Response:
(a through f):
The City of Downey is an urbanized area that is mostly built out with only infill development
potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision
2025 Comprehensive General Plan Update (SCH #2004031159 ), which was certified on January 25, 2005, there
are no known species identified as a candidate, sensitive, or special status species; no known wetlands; and no
known native resident or migratory fish or wildlife spec ies or established native resi dent or migratory wildlife
corridors, or native wildlife nursery sites within the City . Furthermore, the City of Downey does not have any local
policies or ordinances protecting biol ogical resources, nor is there any adopted Habitat Conservation, Natural
Community Conservation, or other approved local, regional or state habitat conservation plans.
5. CULTURAL RESOURCES.
Would the project:
a. Cause a substantial adverse change in the significance of a
historical resource as defi ned in CEQA Guidelines 5064.85?
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to CEQA Guidelines
5064.5?
c. Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred outside
of formal cemeteries?
Response:
(a through c):
While the proposed code amendment will not dire ctly approve new construction or development,
it is feasible that the code amendment will encour age the construction of new emergency shelters and/or
transitional/supportive housing. Histor ical, archaeological, and/or paleontological resources are not typically
encountered within the City of Downey. Nevertheless, as spec ific construction sites are identified, a separate site
specific analysis will need to be conducted. Should an y be discovered on the site, the applicant is required to
comply with the provisions set forth Section 15064.5 of Title 14, Chapter 3 of the Ca lifornia Code of Regulations
(CEQA Guidelines).
(d):
Since burials within the City of Downey have o ccurred in the Downey Cemetery since the late 1880’s,
human remains are not typically encountered during constr uction. Nevertheless, should any be discovered on
future construction sites, the applicant is required to comp ly with the provisions set forth Section 15064.5 of Title
14, Chapter 3 of the California Code of Regulations (CEQA Guidelines).
6. GEOLOGY AND SOILS.
Would the project:
a. Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
City of Downey Page 9 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
on other substantial eviden ce of a known fault?
2) Strong seismic ground shaking?
3) Seismic-related ground failure, including liquefaction?
4) Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
c. Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B of
the California Building Code (2001), creating substantial
risks to life or property?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of water?
Response:
(a1 though a3):
The City of Downey is not located with in an Alquist-Priolo Earthquake Fault Zone.
Nevertheless, the City, like much of Southern California, is located in an area that is considered seismically
active. The nearest known fault to the City is the Whitti er fault, which is approximately 5 miles from the City’s
boundaries. According to the Southern California Eart hquake Data Center, the maximum probable earthquake
that can be generated by the Whitti er Fault is a magnitude 7.2.
This impact is considered to be less than significant since, the Final Environmental Impact Report (FEIR) that
was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was
certified on January 25, 2005, includes a mitigation meas ure that requires all future construction resulting from
approval of this code amendment is required to be designed and built to the seismic safety standards set forth in
the Building Code, which will minimize the risk of loss, injury, or death due to seismic activity. No additional
mitigation measures are required.
(a4):
The City of Downey is relatively flat with no landslides being anticipated.
(b):
Long term loss of topsoil and/or soil erosion is not expec ted since future construction is required to improved
with either buildings, paved areas, or landscaping. Mor eover, construction activities are required to incorporate
Best Management Practices (BMP’s) to prevent soil erosion during construction.
(c and d):
While the proposed code amendment will not directly approve new construction or development, it is
feasible that the code amendment will encourage t he construction of new emergency shelters and/or
transitional/supportive housing. Prior to the issuance of bu ilding permits for these potential sites, the applicant is
required to submit a soil and geological report. Said repor ts shall demonstrate how the projects will mitigate any
soil stability issued, including lateral spreading, subsidence, liquefaction, and expansive soils.
(e):
The City of Downey is an urban area that is served by a sanitary sewer system. New septic tanks are
prohibited within the City.
City of Downey Page 10 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
7. GREENHOUSE GAS EMISSION.
Would the project:
a. Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b. Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases?
Response:
(a and b):
Atmospheric gases, which allow solar radiation into the atmosphere but prevent heat from escaping,
thus warming the Earth’s atmosphere, are often referr ed to as greenhouse gases. Greenhouse gases (GHGs)
are released into the atmosphere by both natural and an thropogenic (human) activity. The principal greenhouse
gases resulting from anthropogenic acti vity that enter and accumulate in the atmosphere are carbon dioxide
(CO2), methane (CH4), nitrous ox ide (N2O), and fluorinated gases su ch as hydrofluorocarbons. The
accumulation of these gases in the atmosphere at levels in excess of natural activity levels increases the Earth’s
temperature result in changing climatic conditions in different parts of the planet, including California.
Future residential development in Downey will be designed a nd constructed in accordance with the provisions of
the Municipal Code and the land use policies of the General Plan. The proposed code amendment does not
change any land use policy or any building regulations t hat would raise or otherwise change development levels
that could contribute to an increase in greenhouse gases.
Review of future projects would continue to be carried out to ensure that the projects are consistent with all
General Plan goals, objectives, and policies, including t hose that help the City contribute to regional GHG
reduction efforts. The 2010 California Building Code regulations, adopted by Downey in January 2011, would
further increase energy efficiency in new residentia l buildings, thus reducing total energy demand and thereby
reducing the level of greenhouse gas emissions generated from coal, natural gas, and oil-based energy sources.
Development of housing under the Housing Element would also be subject to all increasing development and
energy efficiency standards, such as the 2010 California Building Code.
8. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a. Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b. Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the releas e of hazardous materials into
the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
City of Downey Page 11 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the
project area?
f. For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or
working in the project area?
g. Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk of loss,
injury or death involving wild land fires, including where wild
lands are adjacent to urbanized areas or where residences
are intermixed with wild lands?
Response:
(a through c and g):
The proposed code amendment will allow for housing for a particular segment of the
population. These types of facilities ar e not associated with the generation, use, transport, or accidental release
of hazardous material. Furthermore, since all future c onstruction is required to comply with the development
standards of the code, it w ill not create a potential hazard for emergency response.
(d):
Specific construction sites have not been select ed, as this amendment only authorizes the use not
construction. At such time that development applicati on is submitted, the City will conduct a separate CEQA
analysis to look for potential impacts.
(e and f):
The City of Downey is not located within an airpor t land use plan nor is it within two miles of an airstrip.
(h):
The City of Downey is within an urbanized area in the southeast portion of Los Angeles County. There are
no wild lands within the vicinity.
9. HYDROLOGY AND WATER QUALITY.
Would the project:
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete ground water supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
City of Downey Page 12 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
c. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of stream
or river, in a manner which would result in substantial
erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off-site?
e. Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f. Otherwise substantially degrade water quality?
g. Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h. Place within a 100-year flood hazard area structures which
would impede or redirect flood flows?
i. Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
Response:
(a through f):
The proposed code ame ndment will add emergency shelters and transitional/sup portive housing
as a permitted use within the city; as well as, set developm ent standards for said uses. The approval of the code
amendment, in of itself, will not have an impact on hydrology or water quality since it does not alter any existing
parcels in the City. Notwithstanding this, the change in the code could indirectly create new construction has
private entities decide to construc t the shelters/housing. These im pacts will be analyzed during the CEQA
analysis of the particular project if and when one is proposed.
(g through i):
Most of the City, is located between the San Gabriel River and the Rio Hondo Channel.
According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025
Comprehensive General Plan Update (SCH #2004031159), which was certified on Ja nuary 25, 2005, both of
these flood control channels have been designed to meet or exceed the discharge capacity for a 100-year flood.
Furthermore, the FEIR notes that there are no concerns with a potential levee break on either channel.
Notwithstanding this, pursuant to the Letter of Map Change (LOMC) issued by FEMA on September 27, 2008,
the entire City (except for the aforementioned rivers) is within Flood Zone X in which impacts from a 100-year
flood event are not anticipated.
(j):
The City of Downey is relatively flat and is not loca ted near a dam, lake, or ocean. As such, impacts from a
seiche, tsunami, or mudflow are not anticipated.
City of Downey Page 13 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
10. LAND USE AND PLANNING.
Would the project:
a. Physically divide an established community?
b. Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
c. Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Response:
(a):
Revising the use tables in the zo ning code does not have the capability to divide or act as a barrier to an
established community, since it will not alter existing improvements in the area. Furthermore, future construction
that results from this code amendment will be site spec ific, therefore will not create a barrier or divide a
community.
(b):
The Housing Element of the City of Downey General Plan sets forth policy regarding housing. Within the
current Housing Element, the City has adopted two policies that apply to this code amendment:
Revise the Zoning Code to permit transitional and supportive housing in all residential zones as
permitted uses subject only to those standards/regulations that apply to other residential dwellings of the
same type in the same zone. and in the City’s H-M Zone . Revise the Zoning Code to permit emergency
shelters by right in the City’s H-M Zone.
Revise the Zoning Code to permit SRO’s in at l east one non-residential zone as a permitted use and
SRO’s as a conditionally permitted use in appropria te residential zones. Code amendment to establish
standards for SRO’s shall be no more restrictive than standards that apply to other residential uses of the
same type permitted in the same zone
The proposed code amendment will implement these policies. Since these policies, along with all of the General
Plan policies are internally consistent, compliance with these two policies can be found to be consistent with all
the General Plan policies, thus the proposed code amendm ent will not impact the general plan or other polices
adopted to protect the environment.
(c):
The City of Downey is an urbanized area that is fully developed with only a few sites for infill development
available. There are no habitat conservation plans or nat ural community conservation plans that have jurisdiction
over the area.
11. MINERAL RESOURCES.
Would the project:
a. Result in the loss of availa bility of a known mineral resource
that would be of value to the region and the residents of the
state?
b. Result in the loss of availab ility of a locally important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
City of Downey Page 14 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
Response:
(a and b):
Because the code amendment will not result in any physic al alterations to the site, it will not result in
the loss any mineral resources with loca l, regional, or State-wide importance.
12. NOISE.
Would the project result in:
a. Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c. A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
d. A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f. For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area
to excessive noise levels?
Response:
(a through d):
All uses and construction is required to comply with the noise requirements set forth in the
Downey Municipal Code. No additional impacts are expected by allowing the additional uses.
(e and f):
The City of Downey is not located within an airport land use plan, within two miles of a public airport or
public use airport, or within the vicinity of a private airstrip.
13. POPULATION AND HOUSING.
Would the project:
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
City of Downey Page 15 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
Response:
(a):
The proposed code amendment will allow for new housing that is meant to serve a special needs segment
of the population. Even though new housing can be antici pated as a result of this code amendment (under 100
units), it is not considered a substantial amount in comparis on to the over 112,000 people that live in the city of
the over 35,000 existing housing units.
(b and c):
The proposed code amendment will allow for new housing that is meant to serve a special needs
segment of the population. Should new housing be built as a result of this amendment, it will increase the overall
housing stock of the City, thus avoiding t he need for replacement housing elsewhere.
14. PUBLIC SERVICES.
a. Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
1) Fire protection?
2) Police protection?
3) Schools?
4) Parks?
5 ) Other p ublic facilities?
Response:
(a):
The City of Downey is a full service city, with most of the municipal services being provided directly through
the City. Since the code amendment will not induce substantial growth, it will not result in an increase in demand
for public services.
15. RECREATION.
a. Would the project increase the use of existing neighborhood
and regional parks or other recr eational facilities such that
substantial physical deteriorati on of the facility would occur
or be accelerated?
b. Does the project include recrea tional facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
Response:
(a and b):
Since the code amendment will not induce growth, it w ill not result in an increase in the use of or the
demand for recreational facilities.
City of Downey Page 16 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
16. TRANSPORTATION/TRAFFIC.
Would the project:
a. Cause an increase in traffic which is substantial in relation to
the existing traffic load and capa city of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b. Exceed, either individually or cumulatively, a level of service
standard established by the county congestion management
agency for designated roads or highways?
c. Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
in substantial safety risks?
d. Substantially increase haza rds due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e. Result in inadequat e emergency access?
f. Result in inadequate parking capacity?
g. Conflict with adopted policies, plans, or programs supporting
alternative transportation (e.g., bus turnouts, bicycle racks)?
Response:
(a and b):
The proposed code amendment will allow emergency shelters, as well as transitional/supportive
housing. These developments provide needed housing to an under-served segment of the population that tends
to be lower income and drive fewer vehicles. This result s in allowing the housing wit hout significant amounts of
additional traffic. As such, the co de amendment will not impact traffic.
(c):
The code amendment will not alter existing air traffic patterns or create additional air traffic.
(d through g):
It is not expected that the code amendment w ill create a hazard to pedestrians, emergency
access, bicycles, alternative transportat ion, or impede on the existing parking.
17. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a. Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new stormwater
drainage facilities or expansion of existing facilities, the
construction of which could ca use significant environmental
effects?
City of Downey Page 17 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
d. Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
e. Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project’s projected demand
in addition to the provider’s existing commitments?
f. Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
g. Comply with federal, st ate, and local statutes and
regulations related to solid waste?
Response:
(a and g):
Since the project will not induce gr owth, it will not result in an incr ease in demand for utility services.
Nevertheless, the City of Downey is an urban environment with all utility systems in place. There is sufficient
capacity within the existing systems to accommodate any projects that are built as a result of this code
amendment.
18. MANDATORY FINDINGS OF SIGNIFICANCE.
a. Does the project have the potent ial to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b. Does the project have impact s that are individually limited,
but cumulatively considerable? “Cumulatively considerable”
means that the incremental effects of a project are
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and the
effects of probable future projects)?
c. Does the project have envir onmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Response:
(a):
The City of Downey is an urbaniz ed area that is mostly built out wi th only infill development potential.
According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025
Comprehensive General Plan Update (SCH #2004031159), which was certified on Ja nuary 25, 2005, there are
no known species identified as a candidate, sensitive, or special status species. Additionally, there are no known
wetlands, as defined by Section 404 of the Clean Water Act, within the City. Furthermore, the proposed project
will not result in the demolition of any existing struct ures. As such, the proposed project will not degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
City of Downey Page 18 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SEC TION III – ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory.
(b and c):
Based on the analysis contained within this initial study, the proposed project is not anticipated to
create a significant impact. When considered with past, current, and other proposed projects in the City, it is
unlikely that the project will contribu te towards any cumulative impact. T herefore, the project will not cause a
substantial adverse effects on human bein gs, either directly or indirectly
City of Downey Page 19 March 21, 2013
CEQA INITIAL STUDY – PLN-13-000 29 SECTION IV – REFERENCES
SECTION IV. REFERENCES
The following documents have been referenced in this Environmental Evaluation and are available for
review of the City of Downey, Planning Divi sion, 11111 Brookshire Ave, Downey, CA 90241
1. City of Downey General Plan, adopted January 25, 2005
2. City of Downey General Plan FEIR (S CH #2004031159), certified January 25, 2005
3. City of Downey Municipal Code
4. City of Downey Zoning Map
5. Chapter 633, Statutes of 2007 of the State of California (SB 2).
City of Downey Page 20 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SECTION V – EXHIBITS
SECTION V. EXHIBITS
Proposed Code Language
The following language is proposed to be inserted into the Zoning Code:
SECTION 9130 “E” DEFINITIONS
Emergency Shelter
: An emergency residential shelter is a building where emergency temporary lodging
is provided to families and/or individuals that for various reasons have lost the ability to house
themselves, or for people in need during emergency sit uations such as cold weather, storms or natural
disasters, as well as victims of social misfortu nes such as domestic violence, and where on-site
supervision is provided whenever such shelter is occupied.
SECTION 9158 “S” DEFINITIONS
Single Room Occupancy
(SRO) Housing, also known as an efficiency unit, means housing consisting of
single-room dwelling units typically with no more t han 400 square feet of habitable space that is the
primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary
facilities (and may contain both).
Supportive Housing:
"Supportive housing" means 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 hi s or her health status, and maximizing his or her
ability to live and, when possible, work in the community.
SECTION 9160 “T” DEFINITIONS
Transitional Housing
: "Transitional housing" and "transitional housing development" means buildings
configured as rental housing developments, but ope rated under program require ments that call for the
termination of assistance and recirculation of the as sisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months.
SECTION 9312.06(d)
Table 9.3.2 Residential Zones Use Regulations
R-1
Use (all lot R-2 R-3 R-3-O Notes and Exceptions
sizes)
Residential
Single Room Occupancy NP NP C NP Subject to Section 9430.06
Transitional/Supportive Housing P P P P Subject to Section 9430.06
SECTION 9314.04(d)
Table 9.3.5 Commercial Zones Use Regulations
Use C-P C-1 C-2 C-3 C-M H-M Notes and Exceptions
Other Uses (cont’d)
Emergency Shelters, up to 30 NP NP NP NP NP P Subject to Section 9430.04
occupants
Emergency Shelters, more than NP NP NP NP NP C Subject to Section 9430.04
30 occupants
Single Room Occupancy NP NP NP NP NP P Subject to Section 9430.06
Transitional/Supportive Housing NP NP NP NP NP P Subject to Section 9430.06
SECTION 9430 EMERGENCY SHELTERS, TRANSITIONAL/SUPPORTIVE HOUSING
SECTION 9430.02. INTENT AND PURPOSE.
The intent and purpose of this section is to set forth a
uniform set of standards for emergency shelters, transitional housing, and supportive housing.
City of Downey Page 21 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SECTION V – EXHIBITS
SECTION 9430.04 Emergency Shelter Standards and Regulations.
In addition to the development
standards of the zone in which they are located, emergency shelters for homeless persons shall be
subject to and comply with the following standards and regulations.
(a) A single Emergency Shelter for 30 occupants, or a combination of multiple shelters with a
combined capacity not to exceed 30 occupants, s hall be allowed as a permitted use, consistent
with section 65583(a)(4)(A) of the Government Co de. All Emergency Shelters, regardless of the
number of occupants, shall meet the mini mum standards contained herein below and the
development standards of the zone in which they are located. Any Emergency Shelter with a
capacity greater than 30 occupants shall also be subject to the approval of a conditional use
permit, as set forth in section 9824 of this code.
(b) The facility shall operate on a first-come, first serve basis with clients only permitted on-
site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time,
and 5:00 p.m. and 7:00. a.m. during Pacific Standard Time. Clients must vacate the facility by
8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall
be established and strictly enforced and cli ents shall not be admitted after the curfew.
(c) To avoid over-concentration of Emergency Shelter facilities, a minimum distance of 500
feet shall be maintained from any other Emergenc y Shelter, as measured from the property line.
(d) Service providers shall provide sufficient num bers of male and female toilets - restrooms
for clients and prospective clients to have acce ss to use on a twenty-four (24) hour basis. For
group housing and other similar shelter progra ms, adequate private male and female showers
shall be provided along with lockers for c lients to temporarily store their belongings.
(e) Any outdoor storage, including, but not lim ited to, items brought on-site by clients for
overnight stays, shall be screened from public view by a minimum six foot tall decorative wall or
fence.
(f) Adequate waiting areas must be provided with in the premises for clients and prospective
clients including 10 square feet per bed, with a mi nimum of 100 square feet, to ensure that public
sidewalks or private walkways are not used as queuing or waiting areas,
(g) Facility improvements shall comply with the Downey Municipal Code and the most
current adopted Building and Safety Code, specific to the establishment of dormitories and shall
additionally provide:
(1) A minimum of 1 toilet for every 8 beds per gender.
(2) A minimum of 1 shower for every 8 beds per gender.
(3) Private shower and toilet facility for each area designated for use by individual
families.
(h) Bike rack parking shall be provided at the facility.
(i) Exterior lighting shall be provided for the entire outdoor and parking area of the property
per the lighting standards of the Section 9520 of this Code.
(j) The facility may provide the following serv ices in a designated area separate from
sleeping areas:
(1) A recreation area inside the shelter or in an outdoor area visually separated from
public view by a minimum six foot tall vi sually screening decorative wall or fence.
(2) A counseling center for job placement, educational, health care, legal services, or
mental health services.
(3) Laundry facilities to serve the number of clients at the shelter.
(4) Kitchen and dining area.
City of Downey Page 22 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SECTION V – EXHIBITS
(5) Client storage area.
(6) Similar types of facilities to address t he needs of homeless clients, as determined
by the City Planner.
(k) A shelter management plan shall be submitted to the City Planner for review and
approval prior to the establishment of an Emerge ncy Shelter. The shelter management plan shall
address all of the following:
(1) Service providers shall maintain suffici ent monetary resources to enable them to
operate the facility per the shelter management plan, and shall demonstrate to the city
prior to approval of the permit application that such funds shall be available for use upon
first occupancy of the proposed project and s hall reasonably be expected to be available
for the life of the project.
(2) A minimum of one staff member per 15 beds shall be awake and on duty when
the facility is open. Facility staff shall be tr ained in operating procedures, safety plans,
and assisting clients. The facility shall not employ staff who have been convicted of a
felony or who are required to register as a sex registrant under Penal Code 290.
(3) Service providers shall maintain up-t o-date information and referral sheets to
give clients and other persons who, fo r any reason, cannot be served by the
establishment.
(4) Service providers shall provide criteria to screen clients for admittance eligibility,
with the objective to provide first service to individuals with connections to Downey.
(5) Service providers will maintain informat ion on individuals utilizing the facility and
will ensure that the maximum stay at the facility shall not exceed 120 days in a 365-day
period.
(6) Service providers shall continuously moni tor waiting areas to inform prospective
clients whether they can be served within a reasonable time. If they cannot be served by
the provider because of time or resource constr aints, the monitor shall inform the client of
alternative programs and locations where he or she may seek similar service.
(7) Service providers will educate on-site Staff to provide adequate knowledge and
skills to assist clients in obtaining perma nent shelter and income, including referrals to
outside assistance agencies. An annual report on this activity shall be provided to the
City Planner.
(8) Service providers shall provide for the timely removal of litter attributable to
clients within the vicinity of the facility every 24-hour period.
(9) Service providers will maintain good communication and have procedures in
place to respond to operational issues which may arise from the neighborhood, City staff,
or the general public.
(10) Service providers shall address ho w Staff will address and regulate alcohol and
illegal drug use by clients on the premises.
(11) Service providers shall establish st andards for responding to emergencies and
incidents expelling clients from the facility. Readmittance policies for clients who have
previously been expelled from the facility shall also be established.
(12) The establishment shall implement other conditions and/or measures as
determined by the city, in consultation with other city/county agencies necessary to
ensure that management and/or clients of t he establishment maintain the quiet, safety
and cleanliness of the premises and the vicinity of the use.
(13) Other requirements as deemed necessary by the city to ensure that the facility
does not create an adverse impact to surrounding properties.
(l) The facility shall comply with all other laws, rules, and regulations that apply including,
but not limited to, Building and Fire Codes. The facilit y shall be subject to City inspections prior to
the commencement of operation. In addition, the City may inspect the facility at any time for
compliance with the facility's Management Plan and other applicable laws and standards.
City of Downey Page 23 March 21, 2013
CEQA INITIAL STUDY – PLN-13-00029 SECTION V – EXHIBITS
SECTION 9430.06. Transitional Housing including Single Resident Occupancy (SRO), Standards
and Regulations.
Transitional Housing, including efficiency residential units, also known as single
resident occupancy ("SRO"), shall be subject to and comply with the development standards in which
they are located and the follow ing standards and regulations.
(a) Units shall have a minimum size of 150 square feet and a maximum of 400 square feet.
(b) Each unit shall accommodate a maximum of two persons.
(c) Exterior lighting shall be provided for the entire outdoor and parking area of the property
per the lighting standards of the Section 9520 of the Code.
(d) Laundry facilities must be provided in a separate room at the ratio of one washer and one
dryer for every twenty units of fractional number thereof, with at least one washer and
dryer per floor.
(e) A cleaning supply room or utility closet with a wash tub with hot and cold running water
shall be provided on each floor of the SRO (efficiency) unit facility.
(f) Each unit required to provide a separate bat hroom containing a water closet, lavatory and
bathtub and/or shower.
(g) Each unit shall be provided with a kitchen sink, functioning cooking appliance and a
refrigerator, each having a clear working space of not less then 30 inches in front.
(h) Each SRO (efficiency) unit shall have a separate closet.
(i) SRO (efficiency) units shall comply with all requirements of the California Building Code.
All units shall comply with all applicable ac cessibility and adaptability requirements. All
common areas shall be fully accessible.
(j) An SRO (efficiency) unit project shall not be located within five hundred (500) feet of any
other SRO (efficiency) unit project, emergency shelter, or other similar program, unless
such program is located within the same building or on the same lot.
(k) An SRO (efficiency) unit project with 10 or more units shall provide on-site management.
A project with less than 10 units may provide a management office off-site.
(l) Tenancy of SRO (efficiency) units shall not be less than 30 days.
SECTION 9708 RESIDENTIAL OFF-ST REET PARKING REQUIREMENTS
Table 9.7.2 Residential Parking Requirements
Land Use Type Required Off-Street Parking Notes and Comments
Emergency Shelter 1 uncovered space per 4 beds plus
1 uncovered space per staff
member
Single Room Occupancy 1 uncovered space for every 3 units
plus two uncovered spaces for
each onsite manager unit
City of Downey Page 24 March 21, 2013