HomeMy WebLinkAbout2019-85 - Declaring a Shelter Crisis Pursuant to Senate Bill 850 (Chapter 48, Statutes Of 2018 And Government Code § 8698.2) (PA2019-170)RESOLUTION NO. 2019-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DECLARING A
SHELTER CRISIS PURSUANT TO SENATE BILL 850
(CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT
CODE § 8698.2) (PA2019-170)
WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the
California Legislature ("Legislature") recognized the urgent and immediate need for
assistance at the local level to combat homelessness;
WHEREAS, the Governor's Office and Legislature enacted the Homeless
Emergency Aid Program ("HEAP") as part of Senate Bill ("SB") 850 codified in
Government Code Section 8698 et. seq. and the 2018-19 Budget Act which affords cities
that declare a shelter crisis the ability to provide housing services in a more efficient
manner while also providing funds as available ("Shelter Crisis");
WHEREAS, the City Council finds that the number of homeless persons in the City
of Newport Beach ("City") is significant based upon the County of Orange's most recent
Point in Time Count which found 64 persons are homeless and living without shelter in
the City;
WHEREAS, the City finds that the health and safety of unsheltered persons in the
City is threatened by a lack of shelter and, as a result, has developed a homelessness
plan in order to combat homelessness in the City; and
WHEREAS, the City affirms its commitment to combating homelessness and
creating shelter and service options for those living without shelter in the City.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: Pursuant to Government Code Section 8698.2, the City Council does
hereby declare that a Shelter Crisis emergency exists in the City of Newport Beach and
authorizes the City Manager to seek funding, as it becomes available, to alleviate the
Shelter Crisis. The Shelter Crisis shall continue until such time as the City Council adopts
a resolution declaring an end to the Shelter Crisis.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2019-85
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution, in addition to
several other actions in furtherance of the Project, is exempt from environmental review
under the California Environmental Quality Act ("CEQA") pursuant to the statutory
exemption set forth in Section 15269(c) (Emergency Projects) and the categorical
exemptions set forth in Sections 15301 (Existing Facilities), 15303 (New Construction or
Conversion of Small Structures), 15304 (Minor Alterations of Land), and 15332 (In -Fill
Development Projects) of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because there is no substantial evidence demonstrating an
exception to reliance on the categorical exemptions. A more detailed analysis and
determination supporting the CEQA exemptions are provided in the attached Exhibit A,
incorporated herein by this reference.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of September, 2019.
Diane B. Dixon
Mayor
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Leilani I. Brown.
City Clerk
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CITY ATTORNEY'S OFFICE 'O
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Aaron C. Harp
City Attorney
Attachment(s): Exhibit A - Findings in Support of Statutory and Categorical
Exemptions under the California Environmental Quality Act ("CEQA")
Exhibit A
CEQA Exemption
FINDINGS IN SUPPORT OF STATUTORY AND CATEGORICAL EXEMPTIONS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
California Government Code Section 8698.4
In accordance with Assembly Bill 143 (2019) as codified in California Government Code
Section 8698.4, the California Environmental Quality Act does not apply to actions taken
by cities located within the County of Orange that declare a shelter crisis and that lease,
convey or encumber land owned by a city or provide financial assistance to a homeless
shelter.
15269(c) (Emergency Projects)
Section 15269(c) is a statutory exemption applicable to specific actions necessary to
prevent or mitigate an emergency. This exemption does not apply to long-term projects
undertaken for the purpose of preventing or mitigating a situation that has a low probability
of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated
period of time to conduct an environmental review of such a long-term project would
create a risk to public health, safety or welfare, or (ii) if activities (such as fire or
catastrophic risk mitigation or modifications to improve facility integrity) are proposed for
existing facilities in response to an emergency at a similar existing facility. According to
the County of Orange's Point in Time Count for 2019, the homeless population in Orange
County has increased 43 percent from two years prior to 6,860 homeless persons.
Additionally, the Point in Time Count found 3,961 individuals were unsheltered on the
street with 64 persons homeless and without shelter in the City. Without adequate shelter,
public spaces including the OCTA Transit Center are being utilized for shelter resulting in
negative secondary effects. Based upon the foregoing, the City is declaring a shelter crisis
and in accordance with Government Code Section 8698.2 and exempting the City from
the development standard requirements applicable to emergency shelters in accordance
with Section 20.10.040 of the NBMC in order to provide immediate relief for the
unsheltered. Without the application of the statutory exemption set forth in Section
15269(c) there is a risk to public health, safety or welfare in that Newport Beach's
homeless population lacks adequate facilities to seek shelter.
15301 (Existing Facilities)
CEQA' s Class 1 Exemption applies to the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures or
topographical features involving negligible or no expansion of a use beyond the use
existing at the time of the lead agency' s CEQA determination. (CEQA Guidelines, §
15301.) The portion of the Property used for the shelter would be approximately one acre
in size, is located 150 -feet south on the southeast corner of Superior Avenue and
Industrial Way, in the City of Newport Beach. The Property currently consists of multiple
buildings of various size used for support and storage the City's Public Works
Department's municipal operations. The Project calls for an existing vehicle, equipment,
materials storage, and office area within a garage to be converted into temporary
homeless shelter with approximately 40 beds. The existing garage is approximately
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10,500 square feet in area, open on one side, and measures approximately 23 feet high.
Specifically, the Project calls for pre -constructed modular trailers to be located within the
garage structure and possibly outside the garage. The garage would be retrofitted with
fire sprinklers and remodeled to include appropriate life safety measures. In addition, the
Property includes outdoor space adjacent to the garage and a parking lot. The Project
also includes retrofitting an existing warehouse building for homeless shelter use,
including support service uses. In this urban, developed area, utilities including water
main, sewage, and other utilities are available on site, and minor extensions will be
needed to connect to the proposed trailers. The operation of the shelter is anticipated to
generate minimal traffic trips and will be subject to all applicable City regulations regarding
environmental quality, including noise and water quality.
With respect to traffic, the vehicle trips associated with similar projects are typically
comprised of employees, volunteers, and shuttle/deliveries/donations. A basic approach
is to consider a shelter facility a "nursing home" to determine the number of daily trips.
The Institute of Transportation Engineers Manual applies a trip generation rate of 3.06
trips per bed. With 40 beds, the estimated number of daily trips would be 122.4 trips per
day. The adjacent streets are Superior Avenue (4 lanes) and Industrial Way (2 lanes).
Parking is restricted on the east side of Superior Avenue adjacent to the Property. There
are sidewalks on both sides of Superior Avenue, with no striped bike lanes. Traffic
volumes on Superior Avenue are 22,000 vehicles per day. The typical daily capacity of a
4 lane divided roadway is 34,000 vehicles per day. The current level of service = B, which
would not change with traffic generated from the Project. There is a limited amount of
public parking on Industrial Way adjacent to the Property. There are sidewalks on both
sides of Industrial Way, with no striped bike lanes. Traffic volumes on Industrial Way are
2,000 vehicles per day. The typical daily capacity is 10,000 vehicles per day. The current
level of service = A, which would not change with the Project. There is one access
driveway from Superior Avenue, and one driveway from Industrial Way. No changes are
proposed to the Property's parking lot or driveway access points. The transportation
system can support the Project. Evaluation factors included street capacity and level of
service, access requirements, and pedestrian safety.
The Project therefore calls for the operation and minor alteration of existing public facilities
involving negligible expansion of the existing use, and the project is exempt from CEQA
pursuant to the Class 1 Exemption.
15303 (New Construction or Conversion of Small Structures)
CEQA's Class 3 Exemption applies to the construction and location of limited numbers of
new, small facilities or structures and the installation of small new equipment and facilities
in small structures. (CEQA Guidelines, § 15303.) The exemption also applies to street,
water main, sewage, electricity, gas, and other utility extensions of reasonable length
used to serve such exempt constructions. (CEQA Guidelines, § 15303(d).) Here, the
Project calls for pre -constructed modular trailers to be located within or adjacent to an
existing vehicle and materials storage garage and conversion of the City's warehouse
within the Property. The Project will accommodate approximately 40 beds for the
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homeless individuals. In this urban, developed area, utilities including water main,
sewage, and other utilities are available on site, and minor extensions will be needed to
connect to the proposed trailers. Thus, the Project seeks to locate a limited number of
new, small modular trailer facilities at the Property and is exempt from CEQA pursuant to
the Class 3 Exemption.
15304 (Minor Alterations of Land)
CEQA's Class 4 Exemption applies to the minor public or private alterations to the
condition of land, water, or vegetation. (CEQA Guidelines, § 15304.) One example listed
in this exemption includes the minor temporary use of land having negligible or no
permanent effect on the environment. (CEQA Guidelines, § 15304(e).) The Project calls
for a portion of the existing Property to be used as a temporary homeless shelter with
approximately 40 beds. Specifically, the Project calls for pre -constructed modular trailers
to be placed within an existing storage garage at the Property and the conversion of
existing warehouse space at the Property. The Project is anticipated to generate minimal
traffic trips (see discussion above regarding traffic) and will be subject to all applicable
City regulations regarding environmental quality, including noise and water quality. As a
result, the Project is exempt from CEQA pursuant to the Class 4 Exemption. .
15332 (Infill Exemption)
CEQA's Class 32 Infill Exemption applies to projects that meet the following conditions:
• The project is consistent with the applicable General Plan designation and all
applicable General Plan policies as well as with applicable zoning designation and
regulations;
• The proposed undertaking will occur within the city limits on a project site of not
more than five acres that is substantially surrounded by urban uses;
• The project site has no value as habitat for endangered, rare, or threatened
species;
• The approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality; and
• The site can be adequately served by all required utilities and public services.
(CEQA Guidelines, § 15332.)
Here, the Project site is designated Public Facilities (PF) by the Land Use Element of the
General Plan and zoned Public Facilities (PF) by Title 20 of the Municipal Code (Zoning
Code), both of which are intended to provide public facilities, including public schools,
cultural institutions, government facilities, libraries, community center, public hospitals
and public utilities. The use of the Property for use as the City's temporary emergency
shelter is consistent with the purpose and intent of these designations. Although
emergency shelters are not listed as a permitted use in the PF zoning district, consistent
with Zoning Code Section 20.10.040(A), the City Council exempted the City -implemented
project from the land use limitation of the PF zoning district at a noticed public hearing on
September 24, 2019 in order to allow the City to operate a successful homeless solution
to the shelter crisis. Additionally, the City Council declared a shelter crisis pursuant to
Government Code Section 8698 et seq., such that the City's regulatory statutes,
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regulations and ordinances prescribing standards of housing, health, or safety, are
suspended as necessary to mitigate the effects of the shelter crisis. Therefore, the Project
conforms to the City of Newport Beach General Plan. The Project is located within the
City, and is approximately one acre in size. The Project is surrounded by: unaffected
portions of the Corporate Yard that will remain in operation, the approximately 14 -acre
Hoag Health center medical office complex to the south, and commercial and industrial
uses to the north, west, and east. The Project is developed with existing structures and
a paved parking which has no value as a habitat for endangered, rare, or threatened
species. The Project calls for pre -constructed trailers to be placed on the site, and thus
would not result in any significant construction impacts. The operation of the shelter is
anticipated to generate minimal traffic trips (see discussion regarding traffic above) and
will be subject to all applicable City regulations regarding environmental quality, including
noise and water quality. Construction would occur during daylight hours. Operation of the
Project would not include any noise -generating activities beyond normal vehicle traffic
and conversations. Operational emissions are related primarily to trip generation. It is not
expected that many homeless individuals would maintain personal vehicles, but rather
would arrive by organized transport. Emissions from this source would be negligible. The
Project would not include any activities that generate ozone precursors, particulate matter
or toxic air contaminants; therefore, no significant air emissions would occur. As the
Property is located within a dense urban area, the site is and can be adequately served
by all required utilities and public services, including Police and Fire services. On this
basis, the Project is exempt from CEQA pursuant to the Class 32 Exemption.
The City has considered whether any of the potential exceptions to reliance on one or
more categorical exemptions applies to the Project, as outlined in CEQA Guidelines
section 15300.2. The City finds no evidence warranting a finding that one or more of the
exceptions listed applies. The City, for example, is considering other proposals to provide
services and housing to people experiencing homelessness, but the Project does not
contribute to any cumulatively significant impacts when considered in conjunction with
such projects. The Project would be designed and operated in a safe and sanitary
manner, and impacts on surrounding properties would be minimized. The Project
therefore does not present cumulative impacts or unusual circumstances that would result
in a significant effect.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-85, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 241h day of September, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: Council Member Joy Brenner
ABSTAIN: Council Member Brad Avery
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of September, 2019.
Leilani I. Brown ,
City Clerk
Newport Beach, California