HomeMy WebLinkAboutCC AG PKT 2013-05-29 #I AGENDA STAFF REPORT
DATE: May 29, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: MUNICIPAL CODE AMENDMENT (MCA) 13-1 AN
AMENDMENT TO TITLE 11 (ZONING CODE) OF THE
SEAL BEACH MUNICIPAL CODE REGARDING
SENIOR HOUSING, SINGLE ROOM OCCUPANCY
HOUSING, TRANSITIONAL AND SUPPORTIVE
HOUSING, EMERGENCY SHELTERS, AND OFF-
STREET PARKING
SUMMARY OF REQUEST:
Staff requests that after conducting a public hearing to consider the proposed
Municipal Code Amendment to Title 11 (Zoning Code) regarding senior housing,
single room occupancy housing, transitional and supportive housing, emergency
shelters, and off-street parking, that the City Council introduce first reading of
Ordinance No. 1627.
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.
On April 3, 2013, the Planning Commission held a public hearing regarding the
proposed Municipal Code Amendment, after which it adopted Planning
Commission Resolution No. 13-4 on a 5-0 affirmative vote, recommending
approval Of Municipal Code Amendment 13-1 to the City Council.
Agenda Item
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)
Senate Bill 2 (SB 2) of 2007 requires cities to permit transitional housing
and supportive housing as rental housing (either single-family or multi-
family). Transitional housing is 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.
State law requires that these facilities be permitted as residential uses
subject to the same standards and procedures that apply to other
residential uses of the same type in the same zone. 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 1d)
SB 2 requires that every city identify at least one zone where emergency
shelters are permitted by-right subject to appropriate development
standards. The Housing Element identifies the Boeing Specific Plan as
the appropriate zone to satisfy this requirement. The proposed
amendment would establish a definition and development standards in
the 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:
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• A maximum of 25 beds. (On May 17, 2013, staff learned from HCD
that it now requires a minimum of 25 beds for emergency shelters in
small cities to ensure feasibility. This is the first time HCD has
quantified a standard for minimum shelter size, and therefore
represents a new policy from HCD.)
• A 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 on-site 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 state density bonus law, the City must allow
this parking ratio when a project meets the minimum affordability
requirements.
ENVIRONMENTAL IMPACT:
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 activity is exempt
from environmental review per Sections 15060(b)(2)(3) and 15305 of the State
CEQA Guidelines.
LEGAL NOTIFICATION:
The legal notice for this project was mailed to 138 property owners within a 500-
foot radius of the Boeing Integrated Defense Systems Specific Plan area and all
property owners within the Heron Pointe residential subdivision. Additionally, the
City published notice of the project via 1/4-page advertisements in both The Sun
newspaper and the Golden Rain News on May 16, 2013.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft ordinance and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact.
Page 3
RECOMMENDATION:
Staff recommends that after closing the public hearing, the City Council introduce
first reading of Ordinance No. 1627 adopting Municipal Code Amendment 13-5
and direct staff to schedule a second reading of the same.
S MITTED BY: NOTED AND APPROVED:(Z (Au2 'awAm
tirector Basham lil . Ingram, City a ager
of Community Development
Prepared by: Jerome Olivera, AICP - Senior Planner
Attachments:
A. Ordinance No. 1627
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ORDINANCE NUMBER 1 627
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 SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. Table 11.2.05.010 of the Municipal Code is hereby amended as
follows:
Residential Use Types RLD RMD RHD Additional Regulations
Senior Citizen Housing P P GP 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, aqe-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. .
A. Permit Pens Firemen+ Conditional Use Permit a al p n+
to—Chapter 11.5.29: Development Permits shall he a red to
establish a Senior Citizen Apartment or aR Independent Living
Faoility.
B. MiRim„m Qualifying Age. The develepment—must—lam—deed
residents for the life of the stWt ure The deed restristien shall limit
residensy to seni0F citizens and/or phvsioallyimentally disabled
residents i plia with state lax.
G Required Findings In determining whe ther togrant a GORditional
Use Perini+ seniE)F eitizen a artments , if a .t nte the nature
nd extent of snndi+ions to impose n the p wilt the (`nmmissir,n
shall make OR aGoordaRse with Sestiefl 11.5.20.020:
RequiFed Findings, in addition to the fellewing GOnsideratiens:
1. The nature and use of al pFepepty within Gan feet of the
PFOpesed site.
2 Adequate buffering from atible hart uses through the use
Of in ed setbaoks lanrlseapino SGreening ally the Insation of
windows, and building design and GFientatien-.
3 Aooess and p mity to shopping aFeas, edisal sewiees, ublie
transit steps and other x.irler of needs artiG Jar to
sites
hall mply with the development f Lures t forth Table
Srra nc i ii°c features ca o°cc forth i iii Table
11.4.05.126: Senior Citizen Residential r67eE� eye epmeni+
Features.
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Ordinance Number 1627
Table 11 A.05.125
tedeskI64eet
MaArnurn Density 40-unit&per acre
Maxmmum Lot Coverage
20 ft, with mini
building and-ap>",fie waif
Street-aide f#
4"
MInIrAurn Dwelling Unit Size-
1 bedroom uni 660 sq.ft:
600-sq-ft:
a-00-sq ft:
9€f street par#ig s
paoe fef each five units
X11-9
Ordinance Number 1627
H. AGcessor-y Non-Residential FaGilitles. Senior apartments and
independent living Genfers may be allowed additional nen
residential fa G,i.,+i.e 5, 62pe faGilites, and
personal sewices (fOF example, beauty salon, physioal therapy
through Conditional Use Peffnit aPPF0val puFsuant to Chapter
d .6.20: Development Permits without a requirement for additional
Of a eGt. si.dents
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 11.2.10.010 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
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 units (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 garbage disposal.
b. A toilet and sink located in a separate room within the
unit that is a minimum 20 sq/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.
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IT)QA_fN1N\ICRenda.,l d-
Ordinance Number 1G27
(6) Elevators shall be reguired for SROs of two or more stories.
Section 6. Section 11.0.05.01U the Municipal Code hs 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 time, which shall be no later
than six months from the initial occupancy date of the recipient.
Transitional housing is a residential use subiect 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 ta[get
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
regulations and procedures that apply to other residential uses of
the same type in the same zone.
Section 7. Section 11.O.U5.U1O the Municipal Code in hereby amended
by the addition of the following definition of"emergency mhe|ter':
Emergency Shelter: Housing 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 inability to pay.
Section 8. Section 11.4.05.14O the Municipal Code is hereby added Vo
Chapter 11.4.05.nsfollows:
11.4.05.140 Emergency Shelters
This Secfion sets forth requirements for the establishment and
operation of emeLgency 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
Inte-grated Defense Systems (BIDS) Specific Plan District
subiect to non-discretionary approval of a Zoninq
Conformance in compliance with Chapter 11.5.250: Director
2. Management and Operations Plan. An
application for a permit to establish and operate an
emergency shelter shall be accompanied by a Managemen
Plan,which shall establish hours of operation, staffinq levels,
maximum length of stay, size and location of exterior and
interior onsite waiting and intake areas, and security
procedures.
B. Develogment Standards. In addition to other
standards set forth in the BIDS Specific Plan, emergency shelters
shall conform to the following standards.
1 Maximum of 25 beds.
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Ordinance Number 1627
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 unit for See also Section
Multiple-Unit Residential each unit. 11.2.05.015.N:Limitations
on Parking and Garage
1 guest space for every 7 Frontage
units
All spaces except guest
1 space per dwelling unit, spaces must be located in a
inclusive of quest parking,for garage or carport.
each studio or one-bedroom
unit in a development meeting
the minimum requirements of
Chapter 11.4.55(Affordable
Housing Bonus).
Section 13. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
Section 14. 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 Seal Beach City Council at
a regular meeting held on the day of 2013.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 29th day of May , 2013 and was passed, approved and adopted by
the City Council at a regular 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 1627 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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