HomeMy WebLinkAboutPC AG 2013-04-03 #2 sE A(` •,r ITEM $r PLANNING COMMISSION NUMBER STAFF REPORT 2 t TO: Planning Commission FROM: Jim Basham, Community Development Director MEETING DATE: April 3, 2013 SUBJECT: Municipal Code Amendment MCA 13-1 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking RECOMMENDATION: That the Planning Commission hold a public hearing regarding the proposed amendments to the Municipal Code regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking, and after considering all information and testimony presented, adopt the attached Resolution (Attachment A) recommending that the City Council adopt these amendments. LEGAL NOTIFICATION: The legal notice of this project was mailed to 138 property owners and occupants within a 500-foot radius of the subject property on March 18, 2013 and published in the Sun on February 28, 2013, with affidavits of posting and publication on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15060(c)(2) of the State CEQA Guidelines. Municipal Code Amendment MCA 13-1 April 3, 2013 Page 2 of 3 BACKGROUND: On April 9, 2012, the City Council adopted the Seal Beach Housing Element for the 2008-2014 planning period, and on June 1, 2012, the California Department of Housing and Community Development (HCD) issued a letter finding the element in compliance with state law. The 2008 Housing Element includes several programs calling for amendments to City zoning regulations in order to comply with state housing law. Those amendments include revisions to the Municipal Code regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off- street parking. ANALYSIS: The proposed changes are required by state law and must be completed in order to maintain the continued certification of the Housing Element. 1. Senior Housing (Housing Element Program 5e) The Municipal Code currently permits senior citizen housing only in the Residential High Density (RHD) zone subject to a conditional use permit. An amendment is proposed to allow senior housing in any residential zone subject to the same requirements and development standards that apply to non-age- restricted housing. 2. Single Room Occupancy Housing (Housing Element Program 3d) Single room occupancy (SRO) facilities are small studio-type apartments intended for one or two persons. The proposed amendment would allow these facilities (subject to a conditional use permit) in the Residential High Density (RHD) zone. SRO projects would be required to comply with all development standards that apply to other residential developments in the RHD zone but would allow smaller unit size, shared bathrooms and shared kitchens. 3. Transitional and Supportive Housing (Housing Element Program 1d) State law requires that transitional and supportive housing be permitted as residential uses subject to the same standards and procedures as apply to other residential uses of the same type in the same zone. Transitional housing is configured as rental housing (either single-family or multi-family) and typically operated under a program that provides assistance for six months or less. Supportive housing is targeted to persons with disabilities who are in need of daily assistance. Supportive services may be either on- or off-site, and there is typically no limit on length of stay. The proposed amendment would establish definitions in the Code for transitional and supportive housing consistent with state law. This amendment would not change existing regulations for group homes or "sober living" type facilities. 4. Emergency Shelters (Housing Element Program 1 d) State law requires that every city identify at least one zone where emergency shelters are permitted by-right subject to appropriate development standards. Municipal Code Amendment MCA 13-1 April 3, 2013 Page 3of3 "Emergency shelters" for purposes of this requirement are year-round facilities providing short-term shelter with minimal supportive services for homeless persons and families. In accordance with state law, the Housing Element identifies the BIDS Specific Plan as the proper location for allowing emergency shelters by right. The proposed amendment would help to implement the Housing Element by establishing a definition and development standards in the Zoning Code for emergency shelters consistent with state law. (Note: see related Agenda Report for Specific Plan Amendment 13-2 for a discussion of the proposed revisions to the Boeing Specific Plan.) Proposed development standards for emergency shelters are as follows: • Maximum of 10 beds. • Minimum separation of 300 feet between emergency shelters. • Approval of a Management Plan, which shall establish hours of operation, staffing levels, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, and security procedures. Applications for emergency shelters would be reviewed and approved by the Community Development Director if all requirements are satisfied. 5. Off-Street Parking (Housing Element Program 3f) This amendment would enhance the development feasibility of affordable studio and one-bedroom apartments by reducing the required off-street parking to one space when the units are reserved for low- or moderate-income households. Under the state density bonus law, the City must allow this parking ratio when a project meets the minimum affordability requirements. CONCLUSION: It is recommended that the Commission conduct the public hearing and consider adoption of the attached resolution. Prepared by: John Douglas, AICP J m Basham J.H. Douglas &Associates Director of Community Development Attachment: A. Resolution No. 13-4 (MCA 13-1) Exhibit: A. Draft Ordinance for Municipal Code Amendment 13-1 ATTACHMENT A Resolution No. 13-4 Municipal Code Amendment (MCA 13-1) RESOLUTION NO. 13-4 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF MUNICIPAL CODE AMENDMENT 13-1 REGARDING SENIOR HOUSING, SINGLE ROOM OCCUPANCY HOUSING, TRANSITIONAL AND SUPPORTIVE HOUSING, EMERGENCY SHELTERS, AND OFF-STREET PARKING THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On April 3, 2013 the Planning Commission held a duly noticed public hearing to consider Municipal Code Amendment 13-1, which would amend the Municipal Code regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking as set forth in the draft ordinance included as Exhibit A to this Resolution. Section 2. Municipal Code Amendment 13-1 has been reviewed for compliance with the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. The Planning Commission finds that it is exempt from CEQA pursuant to Sections 15060(c)(2) and 15305 of the State CEQA Guidelines. Section 3. The Planning Commission recommends that the City Council adopt Municipal Code Amendment 13-1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 3, 2013, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners -1- 57296-0001\1540806v2.doc Planning Commission Resolution Number 13-4 Municipal Code Amendment 13-1 April 3, 2013 Sandra Massa-Lavitt Chairperson ATTEST: Jim Basham Planning Commission Secretary S7296-0001\1 540806v2.doc _2_ Planning Commission Resolution Number 13-4 Municipal Code Amendment 13-1 April 3, 2013 EXHIBIT A DRAFT ORDINANCE MUNICIPAL CODE AMENDMENT 13-1 57296-0001\1 540806v2.doc _3_ EXHIBIT A ORDINANCE AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13-1 REGARDING SENIOR HOUSING, SINGLE ROOM OCCUPANCY HOUSING, TRANSITIONAL AND SUPPORTIVE HOUSING, EMERGENCY SHELTERS, AND OFF-STREET PARKING THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Table 11.2.05.010 of the Municipal Code is hereby amended as follows: Residential Use RLD RMD RHD Additional Regulations Types Senior Citizen Housing P P CP See Section 11.4.05.125 Section 2. Section 11.4.05.125 of the Municipal Code is hereby amended as follows: § 11.4.05.125 Senior Citizen Apartments and Independent Living Facilities. Where allowed by Part II: Base District Regulations, age-restricted senior citizen apartments shall comply with the same regulations that are applicable to other non-age-restricted residential developments of the same type in the same zone of this SeG#Ge . A. Dermlt Requirement. Conditional Use D it approval pursuant�antto ter-��e�er� � ohapierc�- 1 1.5.20. Development D SGhall he required to establish a Senior Citizen Apartment or an independent Living l-aG'I*h' R Monomu n; Qualifying Age The development must he deed restriotei-d for senior GitTC nit/or phvsir /mentally disabled F86idents the life of th�aGtWe. The deed restrintion shell limit r�e�y n senior oitizens The urr-mrrr cv�crrtvr-cnTCCrra and/or phySiGal!Wmentally disabled residents in GOMplianGe with state law. G. RequiXed Findings. in deteF mini teeth to ant a Conditional Use Dermi r s for niti� or if gFant na a and tent T-rmT en,or���°�-a�a��e�s, e , �rt�+r��e�c« Of Genrditions to impose on the permit the Commission shall make finrdinos i aG an with Se tion '1'I 5. 20.020: Required Finrdinns addition to mac Ee-av-rcrrvcE nvrrrT� "`7"' the following nonsirderatiens• she nati ire and i ise of real ptope_rty within 500 feet of the pmpesed site. 4 Ordinance Number 2. r'rnrvAf°c d .M uate—buff�eFi"n y from iRGOR;patable Iand uses through the icrs�°�of 6ed—s°tbaGks, landSG pi 7, SGr°eRing - valra, the lvc'cBt -o f 3. AGGess and proximity to shopping • > rnediGal 6eFViGeS, steps, and other provide FS of needs paFtinUlaF to senior nitizens D. Development Standards. EaGh s.enierricr'c°enr apartment projeGtt--ssrhiall eeFnpl with the a pment-features iset fovrrth inn Table 11.41 nF '125� C°nior Citizen Residential PrelleGt Development F°atUF°s Table 11.4.05.425 Senior Gmtiz°n Res_odential RroieGt• Deyelopn;en+ FeatUFes Deyelonrrient Feat RequiFernep+ Maximum Building Hek ht 3 stori°slM f°°t fWax tY°nc4 40 uniittS per aGr° Maximum Lot GoveFage 6"o 7n f+ with minimum 15 f+ -mac nhetweeR building and any Minimum S*de Yard Setback interne .i" Street Side -F 4 µ d-tt Minima im DwellinglWrit''ze 55 GGGG Off street parking 1r-EeVef d spaGe per unit nit e nd 1 quest span° foF pane Open SpaGe C°° C°n+ion 11 n nF 11n Q• open C ndsGapinM The appli nt shall submit a Ianr•Isoape plan fer a c--a�rrEa„r-a„z+„�avmr�-a--ra,�a�c approval. I=andSGape design, instalrlu nr, and mrain+°nunGe shun romply with Chapter 11.4.30. I ani-lsnapinn ape•) Buffer Varrls Up equired land�ape area may be instalT ed with hard6Gape materials, at the diE;Gr-etw0R of the [)*reGt()r-. S7296-0001\1540806v2.doc _cJ_ Ordinance Number C Ad lil•ienal Aw,en"t"esTaGh dwelling unit shall be ern . 'I. An mien and stove• 1 2 A norhoive i-lirpGsal• r Cn ; 4. A�cast 150 square feet of indeeer steerage, coonll1di n�et6j a��a iniMllm of 100 Guh�eetG ^� ^� S}nrro, ne wi a minim)Im rlimencinn of -30 inehe61 G Moire of the dwelling unit; pFevided thCtrtFfC.se 6terage areas shall not he visible from a nllhlin street. G. SG.vurie�y Rgi�ement . EaaGh Qe�v�Gtizen ane }t de_veInonmee-nR 44all innllv-1e the folIE)Winn %GUFity provisions to safeguaF•1 residents: 1F='eG ered entFy gates aGGessed at o nentrel In +inn• �r�c�-u -aru-vGrra'ur'rvF.azrvrr 7 24 holly mediGal alarm seGurity system nnnnented to -tile '-I'IVC7Tfl"fGQTGPTa7L7T'1'I'1-OG T'fC�J�7.�i Tr�G�T'fTTG�CGC� 1 ; 3. Smoke detersteFs on all 1 1 1 aPA 4. An\/ ether nerve ity meeseFes deemed nleGesseni by the Chief of i . Ar.Gess ry Alen-r FS"c�Ttial Faviiie deRieT apartments! and WRdepeadent living nenters may be allowed additional residential faGffikmes, innludinn inteFmediate Gare fanllities,-and peF ennui-v ryin example, beauty salon�ny_SiGalthT r�)�nllnh�Genditionelna Use Fermi approval pursuant ter 11.5.20: v Development D Its without a urr�tt�vY1Q"p•cc.Ty -Ce'v'el(-�pi'rrGrr�r-ea�'rca�vvrtrrvu� reel lirement for additinnal parkins prnvi`terl that the facilities shell only he 1 for the private use of prnient residents Section 3. Section 11.6.05.010 of the Municipal Code is hereby amended by the addition of the following definition of"single room occupancy": Single room occupancy (SRO): A residential facility that provides living and sleeping facilities and a toilet and sink for one or two persons per unit and that is rented on a weekly basis or longer. Shower, kitchen, and laundry facilities may be shared by one or more SROs. Section 4. Table 11.2.05.010 of the Municipal Code is hereby amended by -the addition of "SRO" under Residential Use Types as a conditionally permitted use in the RHD zone with additional regulations per Section 11.4.05.127 57296-0001\1540806v2.doc _6_ Ordinance Number Section 5. Section 11.4.05.127 is hereby added to the Municipal code to read as follows: 11.4.05.127. Single Room Occupancy Single room occupancy hotels (SROs) shall conform to the following requirements: (1) Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: a. One person: 150 square feet. b. Two persons: 175 square feet. (2) Each SRO unit shall be provided with the following minimum amenities: a. Kitchen sink with aq rbage disposal. b. A toilet and sink located in a separate room within the unit that is a minimum 20 sg/ft. C. One closet per person. d. Telephone and cable TV hookups. (3) If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. (4) If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. (5) If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer on the premises for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100. (6) Elevators shall be required for SROs of two or more stories. Section 6. Section 11.6.05.010 the Municipal Code is hereby amended by the addition of the following definitions of"transitional housing" and "supportive housing": Transitional Housing: Housing operated under program requirements that terminates assistance to residents and recirculates the assisted unit to another eligible program recipient at some predetermined future point in S7296-0001\1540806v2.doe _7_ Ordinance Number time, which shall be no later than six months from the initial occupancy date of the recipient. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. Supportive Housing: Housing occupied by a specified target population that has no limit on length of stay, and that is linked to onsite or offsite services that assist the resident in retaining the housing, improving his or her health status, maximizing his or her ability to live, and —when possible — work in the community. Supportive housing is a residential use subject to the same requlations and procedures that apply to other residential uses of the same type in the same zone. Section 7. Section 11.6.05.010 the Municipal Code is hereby amended by the addition of the following definition of"emergency shelter": Emergency Shelter: Housinq with minimal supportive services for homeless persons that limits occupancy by homeless persons to six months or less and that does not deny emergency shelter due to a person's due to a person's inability to pay. Section 8. Section 11.4.05.140 the Municipal Code is hereby added to Chapter 11.4.05, as follows: 11.4.05.140 Emergency Shelters This Section sets forth requirements for the establishment and operation of emergency shelter facilities. A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements: 1. Zoning Conformance Required. Emergency shelters may be established and operated in the Boeing Integrated Defense Systems (BIDS) Specific Plan District subject to non-discretionary approval of a Zoning Conformance in compliance with Chapter 11.5.250: Director Determinations; 2. Management and Operations Plan. An application for a permit to establish and operate an emergency shelter shall be accompanied by a Management Plan, which shall establish hours of operation, staffing levels, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, and security procedures. S7296-000 I\1 540806v2.doc _$_ Ordinance Number B. Development Standards. In addition to other standards set forth in -the BIDS Specific Plan, emergency shelters shall conform to the following standards. 1. Maximum of 10 Beds. 2. Minimum separation of 300 feet between emergency shelters. Section 9. Table 11.4.20.015.A.1 the Municipal Code is hereby amended as follows: Two-Unit Dwelling; 2 spaces per dwelling See also Section Multiple-Unit Residential unit for 11.2.05.015.N: each unit. Limitations on Parking and Garage Frontage 1 guest space for every 7 All spaces except units guest spaces must be located in a garage or 1 space per dwelling unit, carport. inclusive of quest parking, for each studio or one-bedroom unit in a development meeting the minimum requirements of Chapter 11.4.55 (Affordable Housing Bonus). Section 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2013. Gary A. Miller Mayor 57296-0001\1540806v2.doc -9- ATTEST: APPROVED AS TO FORM Linda Devine Quinn M. Barrow City Clerk City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, pursuant to the City Charter and Government Code § 36967(b), at a meeting held on the day of , 2013 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Linda Devine City Clerk -10- S7296-0001\1540806v2.doc