ORDINANCE NO. (N.C.S.)

Transcription

1 ORDINANCE NO. (N.C.S.) AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 37 OF THE SALINAS MUNICIPAL CODE (ZONING CODE) TO ALLOW FOR EMERGENCY SHELTERS AND EMPLOYEE HOUSING AND TO CLARIFY PROVISIONS FOR SUPPORTIVE AND TRANSITIONAL HOUSING (ZCA ) WHEREAS, on March 29, 2011, the Salinas City Council adopted the Housing Element of the Salinas General Plan (Resolution No , N.C.S.), including Policy Action H-3.4: Compliance with SB 2 and Policy Action H-3.14: Zoning for Employee and Farmworker Housing; and WHEREAS, said Housing Element policies call for revisions to the Salinas Zoning Code in order for the Code to conform to State legislative direction; and WHEREAS, said Housing Element was found to be in full compliance with State housing element law (Article 10.6 of the Government Code) by the California Department of Housing and Community Development on May 6, 2011; and WHEREAS, on October 3, 2012, following a public hearing, the Salinas Planning Commission recommended that the City Council adopt Zoning Code Amendment ; and WHEREAS, on October 23, 2012, the City Council held a duly noticed public hearing and weighed the evidence presented therein, including the staff report and the record of environmental review both of which are on file at the City Department of Community and Economic Development; and WHEREAS, the City Council finds that the environmental impacts of the following amendment were analyzed in accordance with the California Environmental Quality Act (CEQA) when the City of Salinas Housing Element (GPA ) was considered, and that any environmental impacts were addressed by the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted by the City Council on March 11, 2011 (City Council Resolution N.C.S.); and WHEREAS, the Mitigation Monitoring and Reporting Programs adopted for the Salinas General Plan Final EIR and the Final Supplement for the Salinas General Plan Final Program EIR remain in full force and effect, and the Mitigation Measures will also apply to this project; and WHEREAS, pursuant to Section of the Municipal Code, the City Council hereby finds that: (a) The above stated recitals are incorporated as findings, and (b) The proposed amendment is consistent with the Salinas General Plan and other plans and policies adopted by the Council, in particular with Policy H-3.4: Compliance with SB 2 and Policy H-3.14: Zoning for Employee and Farmworker Housing of the Housing Element of said Plan, and Page 1 of 11 October 23, 2012 DRAFT for City Council Review

2 (c) The proposed amendment will not have the effect of reversing policies of the Salinas General Plan, any applicable Specific Plan, or other plans and policies previously adopted by the City Council because the proposed changes either: implement the Housing Element policies referenced above, or clarify existing provisions of the Zoning Code, or bring City regulations into conformance with applicable State law, and (d) The proposed amendment to will not create an isolated district unrelated to adjacent zoning districts because no districts will be created by this amendment, and (e) The City has the capability to provide public utilities, roads, and services to serve the uses that will be allowed by this amendment because the affected zoning districts are urbanized areas where public infrastructure is presently in place and the allowed uses are small in scale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF SALINAS as follows (underlined text is added)/strikethrough text is deleted:) SECTION 1. The following amendments are made to paragraphs (j) and (k) of Section to read as follows: (j) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday, furlough day, or holiday, it shall be extended to the next full day in which the offices of the community and economic development and engineering services department are open for business. (k) All references to community planning and development shall mean the community planning and development division of the community and economic development and engineering services department. SECTION 2. Section is amended by the addition of the following definition, inserted in alphabetical order: Disaster Shelter. Limited term facility providing shelter and other basic living necessities following a local emergency as defined in Chapter 11A: Emergency Organization and Functions including such facilities organized in conjunction with a state of emergency proclaimed by the Governor or other authorized State or federal official. For the purpose of this definition, limited term means not longer than eighteen consecutive months. Excludes emergency shelter and transitional housing as defined in Article 1, Division 2: Definitions. SECTION 3. Section is amended by the addition of the following five definitions, inserted in alphabetical order: Emergency Shelters Type A. Short term housing with minimal supportive services for individuals lacking a fixed, regular and adequate nighttime residence, including those whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, but excluding individuals imprisoned or otherwise detained pursuant to an Act of the Congress or the laws of a State. For the purpose of this definition, short term means not longer than 180 days residency for any individual within a 365 day period. To qualify as a type A emergency shelter, facility shall comply with the applicable development regulations specified in Section : Emergency shelters. Excludes disaster shelter and transitional housing as defined in Article 1, Division 2: Definitions. Page 2 of 11 October 23, 2012 DRAFT for City Council Review

3 Emergency Shelters Type B. Same as emergency shelters type A except as to the applicable development regulations specified in Section : Emergency shelters. Employee Housing. Dwellings and other housing accommodations provided and maintained by an employer for employees in connection with work or the place where work is being performed, whether or not rent is involved. Employee housing may be developed or managed by a party other than the employer, provided the employer retains control and ultimate responsibility for the facility. The following can be operated as employee housing, but are not necessarily provided as employee housing: farmworker housing; ranch bunkhouses; and labor camps. Employee Housing, Medium Project. Employee housing for agricultural workers consisting of no more than either 36 beds in group quarters on one lot, or 12 dwelling units or spaces designed for use by a single household on one lot. For the application of this Chapter s regulations, medium project employee housing is treated in the same way as other agricultural uses are treated in the same zoning district. Permitted occupancy in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. Excludes employee housing, small project. For the purposes of this land use, agricultural workers are those engaged in agriculture and in agricultural produce processing, as both terms are defined herein. Employee Housing, Small Project. Employee housing providing accommodation for no more than a total of six employees on one property. For the application of this Chapter s regulations, small project employee housing is treated in the same way as single-family detached dwellings are treated in the same zoning district. SECTION 4. Section is amended by the addition of the following definition, inserted in alphabetical order: Supportive Housing. Dwellings linked to onsite or offsite services that assist the supportive housing resident to retain the housing, to improve his or her health status, and to maximize her or his ability to live and, when possible to work, in the community. Supportive housing serves both individuals and families who lack a fixed, regular and adequate nighttime residence prior to occupying the supportive housing, including persons under 25 years of age no longer eligible for foster care on the basis of age, and individuals and families not previously homeless. Supportive housing is considered a residential use of property subject only to development regulations that apply to other residential dwellings of the same type in the same zoning district. Excludes emergency shelters, convalescent hospitals and hospitals. SECTION 5. Section is amended by the addition of the following definition, inserted in alphabetical order: Transitional Housing. Dwellings 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 at least six months after occupancy. Transitional housing is rented, not owner-occupied, and may be single-family or multifamily; includes duplexes, triplexes, and green court dwellings, and may be either attached or detached. Transitional housing is considered a residential use of property subject only to development regulations that apply to other residential dwellings of the same type in the same zoning district. Some congregate housing, dormitories, halfway houses, and single room occupancy housing may be operated as transitional housing. Excludes emergency and disaster shelters. Page 3 of 11 October 23, 2012 DRAFT for City Council Review

4 SECTION 6. The definition of Interim Housing found in Section is amended to read as follows: Interim Housing. Shared living quarters, with or without separate kitchen and bathroom facilities for each room or unit, intended to meet short-term shelter and/or other immediate needs. Examples of interim housing may include, but are not limited to, the following: (a) Homeless Emergency shelters, type A and type B; (b) Fraternities; (c) Dormitories; (d) Labor camps; (e)(d) Emergency Disaster shelters; (f)(e) Sororities; (g)(f) Boardinghouses/rooming houses; or (h)(g) Halfway houses. Interim housing does not include residential care facilities, day care homes, family day care centers, convalescent hospitals, hotels, motels, bed and breakfast inns, labor camps, or single room occupancy housing. SECTION 7. The definition of Labor Camp found in Section is amended to read as follows: Labor Camp. Group quarters maintained as seasonal employee housing for persons employed principally in farming agriculture. Also see Interim Housing employee housing. SECTION 8. Table Agricultural (A) District Use Classifications is amended by the following changes and additions to the Table and to the Land Use A Additional Use Regulations Interim Employee Housing CUP (11) Employee Housing, Medium Project P (12) Employee Housing, Small Project P (11) Interim Employee housing in the A district shall be limited to labor camps that serving agricultural employees. (12) See Section : Employee housing, medium project. SECTION 9. Table Residential Low Density (R-L) District Use Classifications is amended by the following addition to the Table and to the Land Use R-L-5.5 Additional Use Regulations Employee Housing, Small Project P (12) (12) Small project employee housing is a permitted use in the R-L-5.5 district only within single family dwellings detached. Page 4 of 11 October 23, 2012 DRAFT for City Council Review

5 SECTION 10. Table Residential Medium Density (R-M) District Use Classifications is amended by the following addition to the Table and to the Land Use R-M-3.6 R-M-2.9 Additional Use Regulations Employee Housing, Small Project SPR SPR (10)(14)(15) (15) In these two districts, small project employee housing may only be developed and operated within single-family dwellings. In the R-M-3.6 district, small project employee housing may be allowed in single family dwellings attached only with a CUP. SECTION 11. Table Commercial (C) District Use Classifications is amended by the following addition to the Table and to the Land Use CO/R CO CR CT Additional Use Regulations Employee Housing, Small Project P NP NP NP (38) (38) In the CO/R district, small project employee housing may be allowed in single family dwellings attached with a SPR. SECTION 12. Table Mixed Use (MU) District Use Classifications is amended by the following changes and additions to the Table and to the Land Use MAF MX Additional Use Regulations Employee Housing, Medium Project NP NP Employee Housing, Small Project CUP SPR (42) Emergency Shelter, Type A P NP (43) Emergency Shelter, Type B CUP NP (43) (42) Unless authorized by a CUP, in the MU Districts small project employee housing is allowed only in single-family dwellings attached, or in multifamily dwellings. (43) See Section : Emergency shelters. SECTION 13. Table Public/Semipublic (PS) District Use Classifications is amended by the following changes and additions to the Table and to the Land Use PS Additional Use Regulations Disaster Shelter P (10) Emergency Shelter, Type A P (11) Emergency Shelter, Type B CUP (11) (10) The establishment and operation of disaster shelters are subject to the approval of the director of emergency services. (11) See Section : Temporary shelters. SECTION 14. Table New Urbanism (NU) District Use Classifications is amended by the following change and addition to the Table and to the Page 5 of 11 October 23, 2012 DRAFT for City Council Review

6 Land Use NE (Low) NG-1 (Medium) NG-2 (High) VC Additional Use Regulations Employee Housing, Small Project P P P NP (38) (38) Small project employee housing is a permitted use in the NE, NG-1, and NG-2 districts only within single family dwellings detached. Small project employee housing may be allowed in other dwelling types within NG-1 and NG-2 districts upon approval of a CUP. SECTION 15. Section Employee Housing, Medium Project, including Table , is hereby added as follows: Sec Employee housing, medium project. (a) Purpose. Employee housing, medium project standards are intended to allow the development and operation by the employer of limited employee housing for agricultural workers in specified zoning districts in a manner that is compatible with surrounding areas, in accordance with California Health & Safety Code (b) General. Medium project employee housing is a permitted use in the Agriculture (A) zoning district, subject to all the requirements of this Section : Employee housing, medium project. Employee housing not conforming to this section may be allowed in the A district subject to a non-administrative Conditional Use Permit issued pursuant to Article VI, Division 8: Conditional use permits. (c) Development Regulations. (1) Capacity. The medium project employee housing facility shall contain a maximum of thirty-six (36) beds, serving no more than one (1) person per bed for a maximum of thirty-six (36) persons, if dormitory style, or a maximum of twelve (12) households if in individual dwellings. (2) Occupancy limitation. Occupancy of dormitory-style accommodations shall be limited to agricultural employees only. Occupancy of individual dwellings shall be limited to agricultural employees and their immediate families. The employment site need not be the same as the facility site. (3) Parking. On-site parking shall be provided according to the following schedule. For dormitory-style facilities, a minimum of one (1) parking space for every three (3) authorized beds. For individual unit facilities, a minimum of two (2) parking spaces shall be provided for each unit or space. Parking requirements specified in Sections , , , and apply to facilities developed pursuant to this section. (4) Emergency contact. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance. Street address numbers shall be legibly posted on each building comprising the facility. (5) Other development regulations. See Table Table Employee Housing, Medium Project Development Regulation Dormitory style Individual unit style Height maximum 35 feet 30 feet Distance between structures 10 foot minimum 6 foot minimum Additional Regulations Page 6 of 11 October 23, 2012 DRAFT for City Council Review

7 Driveway length minimum 23 feet 23 feet (A) (from street property line) Minimum usable open space 50 sq. ft. per bed 500 sq. ft. per unit (B) Driveway and corner visibility See Driveway and corner visibility (A) Fences, walls and hedges See Fences, walls and hedges (A) Performance standards See Performance standards Recycling and waste disposal See Recycling and waste disposal (C) (A) Applicable to projects that abut public rights-of-way. (B) For dormitory style developments, up to one half the required usable open space may be replaced, on a one-to-one basis, by interior common area designed and furnished for use of all residents. Common areas shall not include hallways, common kitchens, laundry facilities, or storage space. (C) Development shall provide for inlet protection and trash containment and otherwise comply with federal, state and local water quality regulations including those established by the city s National Pollutant Discharge Elimination System permit. (d) Administrative Fee. The city may charge an administrative fee for monitoring compliance with the provisions of this section as determined from time to time by the city council. (e) Application Fee. The city may charge an application fee for processing approval of a medium project employee housing facility as determined from time to time by the city council. (f) Revocation of Permit. The city planner shall reserve the right to revoke permits authorized by this section if the city planner determines that the facility is in violation of any of the provisions in this section. Revocations shall be conducted in accordance with Section : Revocation of permits. (g) Conflict Between Regulations. Except as modified by this Section : Employee housing, medium project, development regulations applicable to the zoning district shall apply. Where a conflict occurs between the base district regulations and this section of the code, this section shall prevail. SECTION 16. Section Emergency Shelters is hereby added as follows: Sec Emergency shelters. (a) Purpose. Emergency shelter standards are intended to allow the development and operation of shelters in specified zoning districts in a manner compatible with surrounding areas, in accordance with California Government Code and (b) General. Type A emergency shelters are a permitted use in the Mixed Arterial Frontage (MAF) and Public/Semipublic (PS) zoning districts, subject to all the requirements of this Section No individual or household may be denied shelter in a Type A emergency shelter due to an inability to pay. Emergency shelters not conforming to this section (i.e., Type B emergency shelters) may be allowed in the MAF and PS districts with a non-administrative conditional use permit issued pursuant to Article VI, Division 8: Conditional use permits. (c) Development Regulations- Type A Emergency Shelters. (1) Capacity. Shelter shall contain a maximum of fifty (50) beds and shall serve no more than fifty (50) persons nightly. (2) Maximum stay. Length of stay per individual shall not exceed 180 days within a 365 day period. (3) Staffing. Management shall be provided on-site during all hours of operation. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all Page 7 of 11 October 23, 2012 DRAFT for City Council Review

8 residents. (4) Enclosed waiting/intake area. Shelter shall provide a minimum of four (4) square feet of on-site, covered waiting and resident intake space per authorized bed. Queuing within the public right-of-way is not permitted. Waiting/intake areas may be used for other purposes as needed during shelter operation. (5) Outdoor activity. For the purpose of neighborhood compatibility, on-site outdoor activities may only be conducted between the hours of 7:00 am and 10:00 pm. Outdoor activity may include recreational games and activities, musical performances, food service restricted to shelter residents and employees, and such other similar activities as deemed appropriate by the city planner; all outdoor activity shall be subject to Sec : Performance standards and all other applicable law. (6) Proximity to other emergency shelters. Emergency shelters shall be located at least 300 feet from other emergency shelters. (7) Parking. A minimum of two (2) parking spaces shall be provided, plus an additional space for every eight authorized residents. Parking required for an emergency shelter may be on the same or a different site, provided that a minimum of fifty percent of such parking shall be within 300 feet, and the remainder shall be within 900 feet of the use, measured from the parking facility to the public entrance, or primary entrance in the case of a private facility, via the shortest pedestrian route as approved by the city planner. Accessible parking requirements specified in Section : Accessible parking spaces apply to facilities permitted pursuant to this section. Required parking for an emergency shelter shall not be located within any Residential low density (RL), Residential medium density (RM), Parks (P), or Open Space (OS) zoning district. When calculating minimum parking requirements, a fractional number equal to, or greater than, one half will increase the required number by one space. (8) National Pollutant Discharge Elimination System (NPDES) permit. Emergency shelter uses shall provide for inlet protection and trash containment and otherwise comply with federal, state and local water quality regulations including those established by the city s NPDES permit. (d) Exemptions. (1) Type A emergency shelters approved pursuant to this section shall not be required to provide loading spaces. (e) Operating Standards. Shelter provider shall provide a written management plan to the city planner for review and approval prior to commencing operation. At a minimum, the management plan shall include the following: (1) description of services to be provided on-site; (2) contact information for shelter administrative staff; (3) staff training plan; (4) security plan and weapons policy; (5) neighborhood outreach program; (6) client code of conduct, including provisions for expulsion and re-admittance; (7) emergency evacuation plan; (8) exterior lighting plan; (9) procedures for temporary storage of client personal belongings; (10) agreement to cooperate with periodic census of homeless population; and (11) commitment to annually update and submit management plan to city planner. Page 8 of 11 October 23, 2012 DRAFT for City Council Review

9 Failure to submit updated annual management plans within a reasonable time shall be grounds to initiate revocation of permit. (f) Administrative Fee. The city may charge an administrative fee for monitoring compliance with the provisions of this section as determined from time to time by the city council. (g) Application Fee. The city may charge an application fee for processing an application for an emergency shelter as determined from time to time by the city council. (h) Revocation of Permit. The city planner shall reserve the right to revoke any permit authorized via this section if the city planner determines that the shelter is in violation of any of the provisions in this section. Revocations shall be conducted in accordance with Section : Revocation of permits. (i) Salinas Municipal Airport. Type A emergency shelters shall not be located on the Salinas Municipal Airport, nor within any Runway Protection Zone as delineated in Figure (j) Conflict Between Regulations. Except as modified by this Section : Emergency shelters, development regulations applicable to the zoning district shall apply. Where a conflict occurs between the base district regulations and this section of the code, this section shall prevail. (k) Nuisance Conditions. Emergency shelters shall be operated or maintained in such a way that they do not constitute a nuisance to the use and enjoyment of surrounding properties or the city. The conduct of any emergency shelter within the city in violation of any of the applicable terms or provisions of the code is hereby found and declared to be a public nuisance and the city may utilize any available legal or equitable remedies to abate, remove or enjoin the nuisance and restrain and enjoin any person from conducting, operating or maintaining an emergency shelter contrary to the provisions of this code. (1) All activities associated with an emergency shelter shall be conducted entirely within the site of the emergency shelter. (2) All sidewalks adjacent to the emergency shelter must be kept free of all obstructions to the free flow of pedestrian traffic. No person associated with the emergency shelter or receiving services from the emergency shelter shall obstruct or create a nuisance on any public sidewalk adjacent to the emergency shelter in such a manner as to prevent or obstruct the free flow of pedestrian traffic thereon, prevent or hinder the ingress or egress to or from any place of business, or create a nuisance by congregating and hindering the free passage of pedestrian traffic. (3) All sidewalks adjacent to the emergency shelter must be kept free and clear of all debris, trash or other similar items and no person associated with the emergency shelter or receiving services from the emergency shelter shall damage, befoul or disturb public property or property of another so as to create a nuisance or a hazard, unhealthy or physically offensive condition. SECTION 17. Table Schedule A: Off-Street Parking and Loading Spaces Required is amended by the following additions to the Table: Page 9 of 11 October 23, 2012 DRAFT for City Council Review

10 Use Classifications Schedule A Off-Street Parking Spaces Residential Employee Housing, Medium Project Per Employee Housing, Small Project Consistent with that required of the dwelling type occupied by the small project employee housing Emergency Shelter, Type A Per Emergency Shelter, Type B 4 spaces plus 1 per each 8 authorized beds Off-Street Loading Spaces per Use Classification Group in Schedule B SECTION 18. Table Application Types, Review Bodies and Responsibilities is amended such that Footnote (3) reads as follows: (3) Unless appealed to the appellate body pursuant to Article VI. Administration, Division 17: Appeals. SECTION 19. Section Purpose. Subsection (c) is amended to read as follows: (c) Are not subject to discretionary or review requirements of this article, including home occupation permits, temporary use of land permits, large family day care home permits, master sign plans, and sign permits, medium project employee housing, and Type A emergency shelters. Site plan review applications, although administrative in nature, shall be subject to the requirements of Division 5: Site Plan Review. Figure illustrates the administrative permit process. SECTION 20. This ordinance shall take effect and be in force thirty days from and after its adoption. SECTION 21. The Salinas City Clerk is hereby directed to cause the following summary of the ordinance to be published by one (1) insertion in The Salinas Californian, a newspaper of general circulation published and circulation in the City of Salinas and hereby designated for that general purpose by the Salinas City Council: Summary of Salinas City Ordinance No. (N.C.S): Salinas Zoning Code contained in Chapter 37 is hereby amended to implement several policies adopted as part of the Housing Element of the Salinas General Plan. Changes are proposed to the definitions of some housing and shelter land uses, to the list of uses authorized within certain zoning districts, and to development standards for certain uses including employee housing and emergency shelters. Under the amendment certain uses such as Emergency Shelters, Medium Project Employee Housing, and Small Project Employee Housing will no longer be subject to discretionary approval but be permitted by right under certain conditions. SECTION 22. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Page 10 of 11 October 23, 2012 DRAFT for City Council Review

11 The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. This ordinance was introduced and read on October 23, 2012 and passed and adopted on November 13, 2012, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Dennis Donohue, Mayor ATTEST: Patricia Barajas, City Clerk Page 11 of 11 October 23, 2012 DRAFT for City Council Review