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HomeMy WebLinkAbout20 - Emergency Shelters_PA2012-179F SEW Pp�T S� q(I F00.N TO: NEWPORT BEACH City Council Staff Report Agenda Item No. February 12, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner APPROVED:. TITLE: Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 ABSTRACT: Pursuant to Housing Element Housing Program HP 5.1.7, of the Newport Beach General Plan, a Zoning Code Amendment is recommended to re- instate a definition of Single Room Occupancy (SRO) Residential Hotels and to add provisions that would permit SROs within the commercial and office zoning districts with the approval of a conditional use permit. Additionally, the proposed amendment would provide minimum parking standards for emergency shelters. RECOMMENDATION: 1) Conduct a public hearing; and 2) Introduce Ordinance No.2013 -4 approving Code Amendment No. CA2012 -009 and pass to a second reading on February 26, 2013 (Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 1 Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 February 12, 2013 Page 2 DISCUSSION: Single Room Occupancy (SRO) Residential Hotels Background During the 2010 Zoning Code update the definition and provisions for SRO's were inadvertently omitted. Therefore, the City included HP 5.1.7 in its recently adopted 2008 -2014 Housing Element: "Housing Program 5.1.7 Amend the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts with the approval of a use permit. No standard set of conditions or use restrictions on SROs shall be established; instead, each application should be evaluated individually and approved based upon its own merits and circumstances." Proposed SRO Definition and Permit Process Implementation of HP 5.1.7 requires that the following SRO definition is added to Chapter 20.70.020 Definitions of Specialized Terms and Phrases under Visitor Accommodations: "Single Room Occupancy, Residential Hotels (SRO): Buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are also the primary residences of the hotel guests." Additionally, the amendment would add SROs as an allowed use pursuant to the City's approval of a Conditional Use Permit (CUP) in all office and commercial zoning districts. These changes are included in Attachment No. CC1. Emergency Shelters Background In 2008, the State of California enacted legislation which requires the City to designate zoning districts where emergency shelters (homeless shelters) will be allowed without a use permit or other discretionary review. The Zoning Code provides two zoning districts: Private Institutions (PI) and Office- Airport (OA), which allow emergency shelters by right. Although, the Zoning Code establishes specific development standards for 2 Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 February 12, 2013 Page 3 emergency shelters, the Zoning Code does not specify a parking requirement but rather incorrectly refers to a conditional use permit process for determining the appropriate parking. Proposed Emergency Shelter Parking Standard Staffs communication with homeless service providers establishes a consensus that many people who are homeless do possess a vehicle. Staff also conducted research with several cities within Orange County and found a typical parking standard for an emergency shelter to be 1 space per 4 beds plus 1 space for each staff member. If the shelter is designed with rooms designated for families then an additional '/2 parking space per bedroom for these designated family units would meet the needs of the emergency shelter use. Staff has added these standards under "Emergency Shelter" within Table 3 -10 (Attachment No. CC 1). Planning Commission Public Hearing The Planning Commission considered the proposed amendments on January 17, 2013, and their discussion focused on the historical regulations for SRO's and the proposed emergency shelter parking standard. The Commission opened the public hearing and heard public testimony regarding the allowance of the SRO's within all of the commercial and office zoning districts. Staff explained that the SRO's would require the City's approval of a Conditional Use Permit at which time the Planning Commission would consider a proposed location and whether the use was appropriate for the neighborhood, with no obligation to approve such use if the facts did not support the request. After the conclusion of the public hearing the Planning Commission adopted Resolution No. 1903 recommending City Council approval of the amendments as provided in the Draft Ordinance found in Attachment CC 1. The Planning Commission staff report can be found at http:// www. newportbeachca .gov /planningcommission and the draft minutes are found in Attachment No. CC 2. ENVIRONMENTAL REVIEW All significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the 2008 -2014 Housing Element Update adopted by City Council on November 22, 2011), and the City of Newport Beach intends to use said document for the above noted project. Further there are no mitigation measures that should be considered in conjunction with said project. Copies of the Negative Declaration for the 2008 -2014 Housing Element Update are available for public review and inspection at the Planning Division in the Community 3 Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters - PA2012 -179 for CA2012 -009 February 12, 2013 Page 4 Development Department or at the City of Newport Beach website under archived documents: http:// www. newportbeachca .gov /cegadocuments. NOTICING: Notice of this application was published in the Daily Pilot on February 1, 2013, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Kimberly Brandti, AICP Director Attachments: CC 1 Draft Ordinance CC 2 Draft January 17, 2013, Planning Commission Minutes 4 Attachment No. CC 1 Draft Ordinance 61 CO ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING ZONING CODE AMENDMENT NO. CA2012 -009 REGARDING SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING REQUIREMENTS FOR EMERGENCY SHELTERS (PA2012 -179). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The 2008 -2014 Housing Element includes Housing Program (HP) 5.1.7 mandating the City to define SRO's within the Zoning Code and permit SROs within the commercial and office districts as previously provided for. 2. In 2008 the State enacted Government Code Sections 65583(a)(4) and 65583(a)(7) (Senate Bill No. 2) which require the City to designate zoning districts where emergency shelters will be allowed without requiring a use permit or other discretionary review. Although the City Zoning Code complies with this requirement, no specific parking standards for emergency shelters were adopted. 3. The City adopted a comprehensive update of the Zoning Code in October of 2010. The definition of Single Room Occupancy (SRO) Residential Hotels and the appropriate Zoning Districts where they are allowed were inadvertently omitted; additionally a specific parking standard for emergency shelters was not identified but rather, deferred to a future conditional use permit process when emergency shelters are permitted by right in two zoning districts. 4. The Planning Commission conducted a public hearing on January 17, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 5. On January 17, 2013, the Planning Commission adopted Resolution No. 1903 recommending City Council adoption of Code Amendment No. CA2012 -009 which adds a definition and provisions for SRO's and adds minimum parking requirements for Emergency Shelters. 6. A public hearing was held by the City Council on February 12, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting 7 City Council Ordinance No. Paoe 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. All significant environmental concems for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the 2008 -2014 Housing Element Update adopted by City Council on November 22, 2011), and there are no mitigation measures that should be considered in conjunction with this Code Amendment. The Negative Declaration for the 2008 -2014 Housing Element Update is available on file with the Planning Division at the City of Newport Beach City Hall. SECTION 3. FINDINGS 1. Amendment implements Housing Program HP 5.1.7 of the Newport Beach General Plan Housing Element by amending the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts pursuant to the City's approval of a conditional use permit. 2. Amendment establishes a reasonable minimum parking requirement for emergency shelters. 3. Both amendments implement the goals and programs of the adopted 2008 -2014 Housing Element of the City of Newport Beach General Plan. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: TmpR: 12/15/2011 10 City Council Ordinance No. Pace 3 of 8 Section 1: Table 2 -4 (Allowed Uses and Permit Requirements) included in Section 20.20.020 (Commercial Office Zoning Districts Permit Requirements) is hereby amended to add "SRO Residential Hotel Land Use" and read: * Uses Not Listed. Land uses that are not listed in the table above, or are not shown In a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmpll 12/15/2011 9 Commercial Office Zoning Districts Permit Requirements P Permitted by Right Conditional Use Permit "TABLE 2 -4 CUP (Section 20.52.020) ALLOWED USES AND PERMIT REQUIREMENTS Minor Use Permit (Section MUP 20.52.020) Limited Term Permit (Section LTP 20.52.040) — Not allowed Land Use See Part 7 of this title for land use Specific definitions. OA OG OM OR Use Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations, Nonresidential Hotels, Motels, and Time Shares CUP — CUP — SRO Residential Hotel CUP CUP I CUP CUP * Uses Not Listed. Land uses that are not listed in the table above, or are not shown In a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmpll 12/15/2011 9 City Council Ordinance No. Paqe 4 of 8 Section 2: Table 2 -5 (Allowed Uses and Permit Requirements) included in Section 20.20.020 (Commercial Retail Zoning Districts Permit Requirements) is hereby amended to add "SRO Residential Hotel Land Use' and read: Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12115/2011 WX Commercial Retail Zoning Districts Permit Requirements P Permitted by Right "TABLE 2 -5 Conditional Use Permit (Section ALLOWED USES AND PERMIT CUP 20.52.020) REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) Limited Term Permit (Section LTP 20.52.040 — Not allowed Land Use See Part 7 of this title for land use Specific Use definitions. CC CG CM CN CV Regulations See Chapter 20.12 for unlisted uses. Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP — MUP Section 20.48.060 Hotels and Motels CUP CUP CUP — CUP RV Parks — — — — CUP Time Share Facilities — CUP — — CUP Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation)." Tmplt: 12115/2011 WX City Council Ordinance No. Paae 5 of 8 Section 3: Table 3 -10 (Off- Street Parking Requirements) included in Section 20.20.020 (Commercial Retail Zoning Districts Permit Requirements) is hereby amended to add "Emergency Shelter" to include: Land Use Parking Spaces Required Emergency Shelter As required b Cen it -al o 4 1 per 4 beds plus 1 per staff; and if shelter is designed with designated family units then 'A parking space per bedroom designated for family units" Section 4: Section 20.70.020 is amended to add "Single Room Occupancy, Residential Hotels (SRO)" to the definition for "Visitor Accomodation (Land Use) and read: Visitor Accommodations (Land Use). 1. "Bed and breakfast inn" means a dwelling unit that offers guest rooms or suites for a fee for less than thirty (30) days, with incidental eating and drinking service provided from a single kitchen for guests only. 2. "Hotel` means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Revenue and Taxation Code Section 7280. 3. "Motel' means an establishment that provides guest rooms for a fee to transient guests for sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under Revenue and Taxation Code Section 7280. 4. "Recreational vehicle (RV) park' means a lot upon which two or more recreational vehicle sites are located, established, or maintained for occupancy for a rental fee by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Tmplt: 12/1512011 11 City Council Ordinance No. Page 6 of 8 5. "Short-term lodging" means a dwelling unit that is rented or leased as a single housekeeping unit (see "Single housekeeping unit') for a period of less than thirty (30) days, subject to the requirements of Chapter 5.95 (Short-Term Lodging Permits) and any additional standards required by the City Manager. 6. "Single Room Occupancy, Residential Hotels (SRO)' means buildings with six or more quest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of quests, and which are also the primary residences of the hotel guests. 7. 'Time share project' means a development in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of an ownership interest in a lot, unit, room(s), or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided and shall include, but not be limited to, time share estate, interval ownership, vacation license, vacation lease, club membership, time share use, hotel /condominium, or uses of a similar nature. 8. 'Time share estate" means a right of occupancy in a time share project that is coupled with an estate in the real property. 9. 'Time share interval' means the period or length of time of occupancy in a time share unit. 10. 'Time share unit' means each portion of the real property or real property improvement in a project that is divided into time share intervals. 11. 'Time share use" means a license or contractual or membership right of occupancy in a time share project that is not coupled with an estate In the real property. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. TmpIC 17115/20/1 12 City Council Ordinance No. Paae 7 of 8 Section 6: This action shall become final and effective thirty days after the adoption of this Ordinance. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12' day of February, 2013, and adopted on day of _ 2013, by the following vote, to wit: AYES, COUNCIL MEMBE NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBE I•LAW01 Keith D. Curry ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, O _�=CITYATTORNEY: ron Harp, City Attorney No j For the City of Newport Beach Tmplt: 12/15/2011 13 Tmplt: 12/15/2011 City Council Ordinance No. Page 8 of 8 -4 Attachment No. CC 2 January 17, 2013, Draft Planning Commission Minutes 115 16 NEWPORT BEACH PLANNING COMMISSION MINUTES VII. PUBLIC HEARING ITEMS 01/17/2013 ITEM NO. 2 Zoning Code Amendment Single Room Occupancy Residential Hotels and Parking for Emergency Shelters (PA2012 -179) Site Location: Citywide Assistant Planner Whelan presented the report addressing background, State law requirements relative to the insertion of SROs and adding provisions that would allow SROs within the commercial and office zoning districts, approval of the Housing Element by the City Council and proposed minor changes to the definitions. Community Development Director Brandt clarified the requirements Ms. Whelan addressed parking standards for emergency shelters, research conducted by staff with other cities and operators and recommendations. In response to an inquiry from Vice Chair Hillgren, Ms. Whelan reported that the State requires that the City identify zones where SROs could be permitted and that the recommendation is to permit them in commercial and office zoning districts, consistent with the Zoning Code. In response to an inquiry from Commissioner Brown, Ms. Whelan clarified the statistical measure of half a parking space per bedroom. Interested parties were invited to address the Commission on this matter Denys Oberman questioned the difference between the City's definition of SROs and the HUD definition and addressed issues that have caused complications due to inconsistencies between definitions at the various jurisdictional levels. She supported the need for SROs but requested that the Commission consider what zones may be most appropriate for and compatible with other than an office designation. She reported that SROs have certain characteristics in terms of attracting transient population and causing intensification of uses. She proposed that already dense areas would not be appropriate for SROs and that there be specific commercial or office areas within the City that are designated as appropriate. Ms. Oberman addressed the CUP process and felt that it is resource intensive. Jim Mosher commented on parking requirements for emergency shelters and suggested including language to identify additional requirements. He stated agreement with the previous speaker's comments and felt that SROs do not need to be allowed in all commercial and office zones. He stated confusion in terms of the definitions of residential and non - residential and referenced written comments he submitted recommending inclusion of alternative definitions. There being no others wishing to address the Commission, Chair Toerge closed the public hearing. Ms. Brandt reported that a definition is being provided for SROs which is the same definition used in the Code prior to the most recent update. The definition was inadvertently omitted in the update, and the State's review of the Housing Element resulted in direction to reinsert into the Zoning Code. The reinsertion makes it consistent with the City's Housing Element and consistent with the pre -2010 Zoning Code. Ms. Brandt addressed the HUD definition, noting that it is broad and does not have a requirement excluding kitchen facilities and allows the jurisdiction to include or not include kitchen facilities or a bathroom within individual units. She added that the HUD definition does not address the number of individual units allowed. Regarding location of SROs, Ms. Brandt Page 3 of 12 27 NEWPORT BEACH PLANNING COMMISSION MINUTES 01/17/2013 reported that historically, they have been included in commercial or non - residential zones and typically they are quasi - residential uses typically found in non - residential zones. Vice Chair Hillgren inquired about the changes in the definition and Ms. Whelan reported striking out the reference to HUD. Commissioner Tucker reported that there is no requirement that the City allow SRO uses Ms. Brandt addressed the intent of the Housing Element program noting that it is to allow zoning provisions that would allow the City to consider such uses. It is not permitted by right but is discretionary with a Conditional Use Permit. Every application can be evaluated on its own merit given the location and proximity to other uses in the area. Discussion followed regarding the Conditional Use Permit process. Assistant City Attomey Mulvihill added that the Housing Element is requiring the City to allow for the use in the specific zones but the City retains full discretion as to the findings and approving or not approving the CUP. Motion made by Commissioner Brown and seconded by Chair Toerge and carried 5 — 1, to adopt the revised Resolution No. 1903 recommending City Council approval of Code Amendment No. CA2012- 009, as modified by staff. AYES: Brown, Hillgren, Myers, Toerge and Tucker NOES: None ABSTENTIONS: Kramer ABSENT: Ameri Page 4 of 12 LAI 11 M : 90-1 � M I OW-M M � L "Nom I X MR-211 211, � I Z NOTICE IS HEREBY GIVEN that on February 12, 2013, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: ZONING CODE AMENDMENT SINGLE ROOM OCCUPANCY RESIDENTIAL HOTELS AND PARKING FOR EMERGENCY SHELTERS — Pursuant to Housing Element Housing Program HP 5.1.7, of the Newport Beach General Plan, a Zoning Code Amendment is recommended to re- instate a definition of Single Room Occupancy (SRO) Residential Hotels and to add provisions that would permit SROs within the commercial and office zoning districts with the approval of a conditional use permit. Additionally, the proposed amendment would provide minimum parking standards for emergency shelters. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document (Negative Declaration for the 2008 -2014 Housing Element Update adopted by City Council on November 22, 2011), and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no mitigation measures that should be considered in conjunction with said project. Copies of the Negative Declaration for the Zoning Code Update are available for public review and inspection at the Planning Division or at the City of Newport Beach. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov/ plan ningcommission. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Melinda Whelan, Assistant Planner at 949 - 644 -3221 or mwhelan @newportbeachca.gov. Project File No.: PA2012 -179 Activity No.: Code Amendment No. CA2012- 009 Location: Citywide Applicant: City of Newport Beach 0 4 o / Leilani gown, City Clerk City of Newport Beach 064s��,", �T-5c�o1 =�F �U�L�C�TI�i�f►� STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, February 2, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on February 5, 2013 at Los Angeles, California 4ky &w Signature RECEIVED 7013 FEB t I AM I.fi- W8 O'FIpa OF Ti �11Y CLERK Cal`, C= -" ;AORT EE,CH r :p -A . �WINNS1