Hercules Zoning Code Amendment

Transcription

1 Hercules Zoning Code Amendment Draft Plan Framework December 2013

2 Background Hercules Housing Element ( ) Required Zoning Code Amendments within one year of adoption: Program 1c: Density Bonus Program Program 4a: Small Group Homes Program 4b: Extremely Low Income and Special Needs Housing Program 5a: Reasonable Accommodation

3 Reasons to Amend the Code Changes are needed to comply with State Law Housing Element Commits to Amendments within 1-year of adoption City must demonstrate progress toward implementing the current Housing Element HCD review of the Housing Element will begin on January 21, 2015.

4 Zoning Code Changes The Housing Element requires the following programs be addressed by amending the Zoning Ordinance within a year of adoption to accomplish the indicated objective. Program 4a: Small Group Homes Define group housing or residential care facility, in accordance with the Lanterman Act, and permit small group housing, serving six or fewer residents, by right wherever residential uses are permitted. Program 4b: Extremely Low Income and Special Needs Housing Permit homeless shelters with a ministerial permit within the Planned Office Research & Development Zone. Pursuant to State Law. Program 5a: Reasonable Accommodation Address requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development, and use of housing for people with disabilities

5 Program 1c: Density Bonus Program The current code allows low income and senior housing projects a density bonus of up to 25%. Due to revisions in State law, jurisdictions are required to provide density bonuses and development incentives on a sliding scale up to 35%. The amount of density bonus and number of incentives vary according to the amount of affordable housing units provided. To satisfy this requirement, the proposed Zoning Amendment: Incorporates Government Code Sections that define eligibility and methodology for calculating residential density bonuses; Establishes a mechanism for granting incentives and concessions for eligible projects; Creates administrative provisions to govern the use of residential density bonuses; and Establishes findings that must be made before approving an application for a density bonus.

6 Program 1c (Cont d.) - Calculations

7 Program 4a: Small Group Homes Existing allows group housing with a CUP in all nonmixed use or residential zones. State law requires that small residential care facilities (including but not limited to group homes) are permitted as regular residential uses and permitted by right where housing is permitted. To satisfy this requirement, the proposed Zoning Amendment: Replaces the definition of group housing with the definition of residential care facility and includes terms for services it can provide and how many residents are permitted. Permits small residential care facilities (6 or fewer residents) by right wherever residential uses are permitted. The proposed amendments would permit large residential care facilities (7 or more residents) with a conditional use permit in certain commercial and residential districts, where other similar uses are permitted.

8 Program 4b: Extremely Low Income & Special Needs Housing for extremely low income households and households with special needs include: emergency shelters, transitional housing, supportive housing, and single-room occupancy (SRO) units. Pursuant to State law, the City of Hercules s Zoning Ordinance must make provisions for such housing. The proposed Zoning Ordinance Amendments accommodate these uses. Single Room Occupancy (SRO): While the Housing Element called the City to allow SROs in all residential zones. HCD determinations and judicial review have clarified that only one residential zoning district is required to accommodate SROs. Therefore, instead of allowing SROs in all residential zones, the proposed zoning amendments allow SROs only in the Historic Town Center district, subject to a conditional use permit, as rooming and boarding houses are already allowed in the district and of a similar use.

9 Program 4b (Cont d) Emergency Shelters At least one zone must permit the use by right, subject to certain parameters imposed by the City. The proposed Zoning changes would: Establish a maximum number of beds (30); Limit proximity to other shelters such that an emergency shelter shall not be located within 300 feet of another emergency shelter; Limit the length of stay to 180 days in a 365 day period; Require on-site security, lighting, and parking; Allow counseling services and support facilities; and Require on-site management and submission of an emergency shelter operations/management plan. Transitional/Supportive Housing Transitional and supportive housing must be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings in the zone. The proposed zoning amendments: Specifically define transitional/supportive housing, Establish separate definitions for different types of supportive and transitional housing: apartment type, residential care facility small type, and residential care facility large type. Permit transitional/supportive housing in all zones where housing is permitted and subject to the same development standards as the same type of housing in that zone.

10 Program 5a: Reasonable Accommodation The Fair Housing Act requires cities and counties to provide reasonable accommodation to rules, policies, practices, and procedures to afford individuals with disabilities a means for requesting flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. The proposed zoning ordinance amendments: Establish the administrative framework for the City to consider requests to provide accommodation when it is determined to be reasonable based on fair housing laws and the case law interpreting the statutes.

11 Summary of Amendments Modified Chapters/Sections Chapter 6 (Residential Districts), Chapter 8 (Commercial Districts), Chapter 12 (HTC Historic Town Center District), Chapter 15 (PC-R Planned Commercial Residential Mixed-Use District), Chapter 16 (PO/RD Planned Office- Research & Development Mixed Use District) New Chapters/Sections Section through (Residential Density Bonuses), Section (Emergency Shelters), Section (Single Room Occupancy), and Chapter 53 (Reasonable Accommodations for Persons with Disabilities). Chapter 18 (NTC New Town Center), Section (Performance Standards), Section (Residential Density Bonuses), Section (Definitions), and Section (Parking Standards).

12 What s Next? January 5, 2015 Planning Commission (PC) Hearing on ZOA January 27 & February 10, 2015 City Council 1st and 2nd readings of the ZOA January 20, 2015 Special Public Hearing meeting of PC for draft Housing Element public engagement January 21, 2015 HCD 60-day HE review CEQA environmental 30-day review April 20, 2015 (?) Potential Planning Commission public hearing to recommend approval of Housing Element if not authorized at 1/20/2014 mtg. May 12, 2015 Public hearing to consider HE adoption at City Council May 30, 2015 Housing Element must be adopted

13 Questions? Draft Plan Framework December 2013