PUBLIC HEARING Agenda Item No.: 9a CC Mtg.: 05/24/2011

Transcription

1 PUBLIC HEARING Agenda Item No.: 9a CC Mtg.: 05/24/2011 DATE: May 9, 2011 TO: Mayor and City Council Members FROM: Community Development Department SUBJECT: ORDINANCE NO AN ORDINANCE OF THE CITY OF FOLSOM ADDING DEFINITIONS OF GROUP HOME, SINGLE ROOM OCCUPANCY UNITS, SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND AMENDING SELECTED SECTIONS IN TITLE 17 OF THE FOLSOM MUNICIPAL CODE CONCERNING FAMILY AND PERMITTED USE IN COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT (Introduction and First Reading) BACKGROUND/ISSUE In preparing the City's Housing Element of the General Plan in 2009, the City identified various items in the Zoning Code that need to be modified either for internal consistency or to comply with recent changes in State law. The majority of the amendments made by are intended to comply with State laws regarding transitional housing, supportive housing, single room occupancy units, and other group housing. Other minor amendments include modifying the definition of "family" to be more inclusive and removing the conditional use permit requirement for reduced lot size in the Residential, Multifamily Dwelling (R-M) District to be consistent with the density allowed by the General Plan. City staff has updated its timeframe with HCD in its annual 2010/2011 budget. The Planning Commission, at its May 4, 2011 meeting, directed staff to forward a recommendation of adoption of the ordinance to the City Council. POLICY/RULE Transitional and Supportive Housing Effective January 1, 2008, the State legislature enacted, and the Governor signed, Senate Bill 2 (SB 2), which strengthened existing housing element requirements to provide opportunity for the development of emergency shelters and transitional and supportive housing. SB 2 provides that transitional and supportive housing constitute a residential use. SB 2 also requires zoning to treat transitional and supportive housing as a proposed residential use subject only to those restrictions that apply to other residential uses of the same type in the same zone

2 This ordinance implements Program 21 e (Transitional, Supportive Housing, and SROs) of the City's 2009 Housing Element, which states: "The City shall revise its Zoning Code to ensure that transitional and supportive housing, single room occupancy (SRO) units, and other group living situations are accommodated in Folsom with minimal regulatory barriers. The Zoning Code will be amended to state that transitional and supportive housing are residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone... Group Homes California Heath and Safety Code Sections , , and require local governments to treat licensed group homes and residential care facilities with six or fewer residents no differently than other by-right single-family housing uses. This ordinance implements Program 21 a (Sites for Special Group Housing) of the City's 2009 Housing Element, which states: "The City shall revise its Zoning Code to allow group homes serving special need populations of up to six persons by right in all residential districts. The Zoning Code shall also be revised to allow group homes ofmore than six persons with a conditional use permit. The City will ensure that its conditional use permit procedures for group homes do not unduly constrain the development of group homes for special needs populations. " Single Room Occupancy Units This ordinance implements Program 21 e (Transitional, Supportive Housing, and SROs) of the City's 2009 Housing Element, which states: "... the City shall amend the Zoning Code to define Single Room Occupancy (SRO) units and explicitly allow SROs as a residential use in certain zones. " Definition of Family This ordinance implements Program 22b of the City's 2009 Housing Element, which states: "... The City shall also amend the definition of `family " in the Zoning Code to include groups of six or fewer persons living together as a single housekeeping unit. " R-M Lot Size Requirement This ordinance implements Program 181 (Amend Requirements in R-M Zone) of the City's 2009 Housing Element, which states: "The City shall amend the Zoning Code to remove the provision that a CUP must be secured in order to reduce minimum lot area in R-M zones. "

3 ANALYSIS Transitional and Supportive Housing The City's existing Zoning Code does not define "transitional housing" or "supportive housing." Recent changes in State law require the City to treat transitional and supportive housing as a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zone. For example, if a proposed transitional housing facilities is a multi-family use proposed in a multi-family zone, then the Zoning Code should treat the transitional housing the same as other multi-family uses proposed in the zone. To address this requirement, City staff proposes to add definitions of "transitional housing" and "supportive housing" to the Zoning Code. The proposed definitions specify that transitional and supportive housing are "residential subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone." Group Homes State law requires the City to allow, by right (i.e., without a use permit or other discretionary review), licensed group homes and residential care facilities with six or fewer residents wherever other single-family homes are allowed by right. The City must also identify where group homes with more than six individuals are permitted in the city; however, the City is allowed to require a CUP for group homes with more than six individuals. The City's current Zoning Code does not define "group home", nor does it identify where they are permitted in the city. City staff proposes to add a new definition of "group home" to the Zoning Code and amend the Code to identify group homes with six or fewer occupants as permitted uses wherever single-family homes are allowed in the city. Additionally, City staff proposed to amend the Zoning Code to identify group homes with more than six individuals as permitted with a CUP in the R-3 and R-4 districts, since larger group homes are more compatible with the uses allowed in these districts. Single Room Occupancy Units Single room occupancy (SRO) units are multi-unit housing that provide small units that typically contain a single room. Tenants of SROs typically share bathrooms, kitchens, and common activity areas. SROs provide a source of affordable housing for seniors and lower-income residents. City staff has determined that the commercial districts, specifically the C-2 district, are the most appropriate districts in which to allow SROs since SROs are commonly created through the conversion of older hotels or motels, therefore this type of housing is compatible with other uses allowed in commercial districts. City staff proposes to allow SROs by right in the C-2 district and with a CUP in the C-3 district. City staff also proposes to allow SROs as a permitted use with a CUP in the R-4 district since the types of housing permitted in this district are the most similar to and compatible with SROs, and therefore the R-4 district would be appropriate for the development of new SROs. Definition of Family Traditionally, many cities and counties in their zoning ordinances have adopted definitions of "family" that limit the number of unrelated persons who may live together, which can discriminate against unrelated individuals who function as a family. This definition can prohibit the siting and development of group homes in single-family districts, which is illegal according to State law, and can discriminate against "non-traditional" families or households. The current

4 definition of "family" in the Zoning Code limits the household size of households of unrelated persons to five persons. This definition conflicts with State law, which requires group homes of six or fewer persons to be allowed by right wherever single-family homes are allowed in the city. City staff proposes that the Zoning Code be amended to include a new definition of family that is more inclusive and allows unrelated individuals who serve as a single housekeeping unit to live together in a single family home. R-M Lot Size Requirement The R-M district corresponds with the Multi-Family Low Density (MLD), Multi-Family Medium Density (MMD), and Multi-Family High Density (MHD) General Plan designations, which allow a range of densities. As currently adopted, the minimum lot area per dwelling unit in the R-M district is 3,500 square feet (12.4 units/acre), but can be decreased to 1,700 square feet (25.6 units/acre) with a conditional use permit (CUP). Since the Planned Development permit process, which is required for all multi-family housing in R-M zones, allows flexible design standards, the City does not require this CUP process in the R-M zones. City staff proposes that the Zoning Code be amended to remove the CUP requirement for reducing the per unit lot size in the R-M district. ENVIRONMENTAL ANALYSIS Staff has determined that this project is categorically exempt from CEQA requirements under Section (b)(3) "Review for Exemption" ATTACHMENT 1. - An Ordinance of the City of Folsom Adding Definitions of Group Home, Single Room Occupancy Units, Supportive Housing and Transitional Housing, and Amending Selected Sections in Title 17 of the Folsom Municipal Code Concerning Family and Permitted Use in Compliance with the Adopted Housing Element (Introduction and First Reading) CITY COUNCIL ACTION Move to Introduce - An Ordinance of the City of Folsom Adding Definitions of Group Home, Single Room Occupancy Units, Supportive Housing and Transitional Housing, and Amending Selected Sections in Title 17 of the Folsom Municipal Code Concerning Family and Permitted Use in Compliance with the Adopted Housing Element (Introduction and First Reading) r^nfitted, ^ David E. Miller, AICP Community Development Director

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6 ORDINANCE NO AN ORDINANCE OF THE CITY OF FOLSOM ADDING DEFINITIONS OF GROUP HOME, SINGLE ROOM OCCUPANCY UNITS, SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND AMENDING SELECTED SECTIONS IN TITLE 17 OF THE FOLSOM MUNICIPAL CODE CONCERNING FAMILY AND PERMITTED USE IN COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT The City Council of the City of Folsom does hereby ordain as follows: SECTION 1 PURPOSE The purpose of this ordinance is to add definitions of "group home," "single room occupancy units", "supportive housing", and "transitional housing" to the Folsom Municipal Code, to amend the definition of "family" in Section to comply with the Fair Housing Amendments Act of 1988, and to amend Sections , , , , , , , , and E regarding permitted uses to accommodate and comply with the various ordinances adopted by the City Council under the City's Housing Element. SECTION 2 ADDITION TO CODE Sections , , , and are hereby added to the Folsom Municipal Code to read as follows: Group home "Group home" shall mean a dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency that provides twenty-four-hour care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment Single room occupancy units "Single Room Occupancy (SRO) Units" shall mean multi-unit housing that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a governmental housing agency Supportive housing "Supportive housing" shall mean housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section , 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. Supportive housing units are residential uses subject Page 1 of 5

7 only to those requirements and restrictions that apply to other residential uses of the same type in the same zone Transitional housing "Transitional housing" shall mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two years. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. SECTION 3 AMENDMENT TO CODE Sections , , , , , , , , and of the Folsom Municipal Code are hereby amended to read as follows: Family "Family" shall means one person living alone or two or more persons living together in a dwelling unit with common access to, and common use of, all living, kitchen, and eating areas within the dwelling unit Permitted uses The following uses shall be permitted in the R-1-L district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons Permitted uses The following uses shall be permitted in the R-1-ML district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons. Page 2 of

8 Permitted uses The following uses shall be permitted in the R-1-M district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons Permitted uses. The following uses shall be permitted in the R-3 district: 1. Uses as permitted in the R-1 and R-2 districts except standard single-family detached dwelling units and three- or four-family dwellings and apartments, not to exceed 4 units per lot; 2. Boarding and lodging houses; 3. Private garages, or parking lots uncovered and screened by suitable walls or planting, when operated by or in conjunction with a permitted use; 4. Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use; 5. Advertising signs pertaining directly to a permitted nonresidential use on the property, and not to exceed one sign of a maximum area of six square feet for any such use; 6. Emergency shelters in accordance with Chapter Uses requiring use permits. Uses requiring use permits are: 1. Uses as permitted in R-1 districts. (Section ); 2. Motels, hospitals, rest homes, group homes of more than six individuals, sanitariums, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which, in the opinion of the planning commission, are similar to the foregoing; and clubs, lodges and fraternities, except those operated as a business or for profit Lot area Minimum lot area 6000 square feet for interior lots and 7500 square feet for corner lots square feet or more is required per dwelling unit or guestroom Permitted uses. The following uses shall be permitted in the R-4 district: 1. Uses as permitted in the R-1, R-2, and R-3 districts except standard single-family detached dwelling units 2. Uses for which use permits are required in the R-1, R-2, and R-3 districts; Page 3 of 5

9 3. Parks, playgrounds, public and private schools, churches, and religious institutions, libraries, day care centers and public utility buildings; 4. Emergency shelters in accordance with Chapter Uses requiring use permits. Uses requiring use permits are hotels, group homes of more than six individuals, single room occupancy (SRO) units, mortuaries, and trailer courts. SECTION 4 AMENDMENT TO CODE Section E of the Folsom Municipal Code is hereby amended to add Single Room Occupancy (SRO) Units to the Commercial Use Table as a permitted use in C-2 central business zone and a use requiring a conditional use permit in the C-3 general commercial zone as follows: Zone Use, service or facility C-1 C-2 C-3 BP Single Room Occupancy (SRO) Units N I N SECTION 5 SCOPE Except as set forth in this ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect. SECTION 6 SEVERABILITY If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid and unconstitutional. SECTION 7 EFFECTIVE DATE This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City. This ordinance was introduced and the title thereof read at the regular meeting of the City Council on, 2011 and the second reading occurred at the regular meeting of the City Council on, On a motion by Council Member seconded by Council Member Page 4 of

10 , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this day of 2011, by the following roll-call vote: AYES: Council Member(s): NOES : Council Member(s): ABSENT: Council Member(s): ABSTAIN: Council Member(s): ATTEST: Andrew J. Morin, MAYOR Christa Freemantle, CITY CLERK Page 5 of 5

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12 ORDINANCE NO AN ORDINANCE OF THE CITY OF FOLSOM ADDING DEFINITIONS OF GROUP HOME, SINGLE ROOM OCCUPANCY UNITS, SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND AMENDING SELECTED SECTIONS IN TITLE 17 OF THE FOLSOM MUNICIPAL CODE CONCERNING FAMILY AND PERMITTED USE IN COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT The City Council of the City of Folsom does hereby ordain as follows: SECTION 1 PURPOSE The purpose of this ordinance is to add definitions of "group home", "single room occupancy units", "supportive housing", and "transitional housing" to the Folsom Municipal Code, to amend the definition of "family" in Section to comply with the Fair Housing Amendments Act of 1988, and to amend Sections , , , , , , , , and E regarding permitted uses to accommodate and comply with the various ordinances adopted by the City Council under the City's Housing Element. SECTION 2 ADDITION TO CODE Sections , , , and are hereby added to the Folsom Municipal Code to read as follows: Group home "Group home" shall mean a dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency that provides twenty-four-hour care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment Single room occupancy units "Single Room Occupancy (SRO) Units" shall mean multi-unit housing that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a governmental housing agency Supportive housing "Supportive housing" shall mean housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section , 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. Supportive housing units are residential uses subject Page 1 of 5

13 only to those requirements and restrictions that apply to other residential uses of the same type in the same zone Transitional housing "Transitional housing" shall mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two years. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. SECTION 3 AMENDMENT TO CODE Sections , , , , , , , , and of the Folsom Municipal Code are hereby amended to read as follows: Family "Family" shall means one person living alone or two or more persons living together in a dwelling unit with common access to, and common use of, all living, kitchen, and eating areas within the dwelling unit related by blood, Vie, or legal adoption; or not eedi^g ing +ogether as single a housekeeping,nit Permitted uses The following uses shall be permitted in the R-1-L district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons Permitted uses The following uses shall be permitted in the R-1-ML district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons. Page 2 of

14 Permitted uses The following uses shall be permitted in the R- 1 -M district: 1. One-family dwelling, including private garages, accessory buildings and uses; 2. Underground utility installations, and aboveground utility installations for local service, except that substation, and gas holders must be approved by the planning commission prior to construction, and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition. 3. Public parks, schools, playgrounds, libraries, firehouses and other public buildings and uses; 4. Real estate tract sales offices; 5. Group homes of six or fewer persons Permitted uses. The following uses shall be permitted in the R-3 district: 1. Uses as permitted in the R-1 and R-2 districts except standard single-family detached dwelling units and three- or four-family dwellings and apartments, not to exceed 4 units per lot; 2. Boarding and lodging houses; 3. Private garages, or parking lots uncovered and screened by suitable walls or planting, when operated by or in conjunction with a permitted use; 4. Incidental and accessory buildings and uses on the same lot with and necessary for the operation of any permitted use; 5. Advertising signs pertaining directly to a permitted nonresidential use on the property, and not to exceed one sign of a maximum area of six square feet for any such use; 6. Emergency shelters in accordance with Chapter Uses requiring use permits. Uses requiring use permits are: 1. Uses as permitted in R-1 districts. (Section ); 2. Motels, hospitals, rest homes, group homes of more than six individuals, sanitariums, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which, in the opinion of the planning commission, are similar to the foregoing; and clubs, lodges and fraternities, except those operated as a business or for profit Lot area Minimum lot area 6000 square feet for interior lots and 7500 square feet for corner lots. M-A ae area per- dwelling unit or guest room of 1700 square feet or more is required per dwelling unit or guestroom men I Permitted uses. The following uses shall be permitted in the R-4 district: Page 3 of 5

15 1. Uses as permitted in the R-1, R-2, and R-3 districts except standard single-family detached dwelling units 2. Uses for which use permits are required in the R-1, R-2, and R-3 districts; 3. Parks, playgrounds, public and private schools, churches, and religious institutions, libraries, day care centers and public utility buildings; 4. Emergency shelters in accordance with Chapter Uses requiring use permits. Uses requiring use permits are hotels, group homes of more than six individuals, single room occupancy (SRO) units, mortuaries, and trailer courts. SECTION 4 AMENDMENT TO CODE Section E of the Folsom Municipal Code is hereby amended to add Sim Room Occupancy (SRO) Units to the Commercial Use Table as a permitted use in C-2 central business zone and a use requiring a conditional use permit in the C-3 general commercial zone as follows: Zone Use, service or facility C-1 C-2 C-3 BP Single Room Occupancy (SRO) Units N I N SECTION 5 SCOPE Except as set forth in this ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect. SECTION 6 SEVERABILITY If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid and unconstitutional. SECTION 7 EFFECTIVE DATE This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City. This ordinance was introduced and the title thereof read at the regular meeting of the City Council on, 2011 and the second reading occurred at the regular meeting of the City Page 4 of

16 Council on, On a motion by Council Member seconded by Council Member, the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this day of 2011, by the following roll-call vote: AYES: Council Member(s): NOES: Council Member(s): ABSENT: Council Member(s): ABSTAIN: Council Member(s): ATTEST: Andrew J. Morin, MAYOR Christa Freemantle, CITY CLERK Page 5 of 5