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HomeMy WebLinkAboutPC Resolution 13-2821 RESOLUTION NO. 13 -2821 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 Downey Patriot as a 1 /8th page ad. Additionally, on March 22, 2013, in compliance 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 code 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 amendment will allow for the development of affordable and adequate housing that meets the needs of this underserved segment of the population. The code Resolution No. 13 -2821 Downey Planning Commission amendment will provide necessary and desirable 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: Transitional Housing: "Transitional housing" and "transitional housing development" Code Amendment (PLN -13- 00029) — Housing SB 2 Compliance April 17, 2013 - Page 2 Resolution No. 13 -2821 Downey Planning Commission 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 Res ulations R -1 Use (all lot R -2 R -3 R -3 -O Notes and Exceptions sizes) Residential Single Resident Occupancy NP NP C NP Subiect to Section 9430.06 Transitional /Supportive P P P P Subject to Section 9430.06 Housin • 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: r . Table 9.3.5 Commercial Zones Use Res ulations 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 Subiect to Section 9430.04 than 30 occupants Single Resident Occupancy 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 subiect to and comply with the following standards and regulations. Code Amendment (PLN -13- 00029) — Housing SB 2 Compliance April 17, 2013 - Page 3 Resolution No. 13 -2821 Downey Planning Commission (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 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. Code Amendment (PLN -13- 00029) — Housing SB 2 Compliance April 17, 2013 - Page 4 Resolution No. 13 -2821 Downey Planning Commission L (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 lob 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. 13 -2821 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 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. (I) 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 subiect 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. 13 -2821 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 proiect 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. (1) 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 Parkins Re • uirements 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. 13 -2821 Downey Planning Commission SECTION 11. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17 day if April, 2013. , .., / j ,/' ouis Moral= , Chairman City Plan g Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning 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: Flores, Rodriguez, Kiefer, and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None ( Mary Civanagh, Secreta)y City Planning Commission .41 _I Code Amendment (PLN -13- 00029) — Housing SB 2 Compliance April 17, 2013 - Page 8