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HomeMy WebLinkAbout18 - Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior AvenueQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 24, 2019 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Grace K. Leung, City Manager, gleung@newportbeachca.gov PHONE: 949-644-3001 TITLE: Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue ABSTRACT: Homelessness is a prevalent issue and concern for our community. As part of a multi - pronged approach to addressing the issue, the City is pursuing multiple paths for a temporary shelter including negotiating with neighboring cities, leasing property in the City and possible use of a portion of the City Corporation Yard. Approval of the attached resolutions and recommendations will authorize staff to further pursue a parallel effort for the creation of a temporary emergency shelter for homeless individuals at the City's Corporation Yard at 592 Superior Avenue. RECOMMENDATION: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269(c) (Emergency Projects), and 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 as documented in Attachment E, because there is no substantial evidence demonstrating an exception to reliance on these categorical exemptions; c) Approve a portion of the City's Corporation Yard, at 592 Superior Avenue, Newport Beach as a possible site for a temporary emergency homeless shelter; d) Adopt Resolution No. 2019-84, A Resolution of the City Council of the City of Newport Beach, California, Exempting a Temporary Emergency Shelter for Those Experiencing Homelessness from Development Standard Requirements Applicable to Emergency Shelters, in Accordance with Sections 20.10.040 of the Newport Beach Municipal Code (PA2019-170) to be located at 592 Superior Avenue; e) Adopt Resolution No. 2019-85, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Shelter Crisis Pursuant Senate Bill 850 (Chapter 48, Statues of 2018 and Government Code §8698.2) (PA2019-170); 18-1 Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue September 24, 2019 Page 2 f) Approve a new Capital Improvement Program, (CIP), Temporary Emergency Homeless Shelter Project No. 20F15 and budget of $300,000 for the conceptual development and design of the shelter; g) Approve Budget Amendment No. 20-015 appropriating $300,000 from the Affordable Housing Reserve to the Temporary Homeless Shelter Project 20F15; and h) Authorize the City Manager to enter into a selection process and negotiations with necessary design consultants and homeless shelter operators. FUNDING REQUIREMENTS: The recommended actions will authorize the City Manager's office and Public Works Department to proceed with the expenditures to create and design a temporary emergency shelter for the homeless. The design will include architectural, engineering, and consulting services to design a facility at the site. The design is anticipated to include fire alarm/access/suppression, site work, (paving, gates and fences, utilities, etc.) fixtures, furnishings and equipment (FF&E), modular trailers (purchased or leased), ramps, electronic systems and special equipment (IT, security, access controls etc.), and utility connections. The total cost to construct and operate the facility located at the 592 Superior Avenue will be developed from the design work and identification of a shelter operator. The City of Tustin operates a homeless shelter that is most like what the City envisions. Tustin operates a 57 bed shelter which cost $1.7 million for construction and includes 14 modular units. The annual operating costs are approximately $15,000 to $17,000 per bed annually, but Tustin receives substantial in-kind contributions from their operator. Without these contributions, staff estimates the true operating cost to be in the $25,000 to $35,000 range per bed. Shelter operating costs vary widely in the county and are impacted by the support service delivery model utilized, security needs of the site, staffing levels, and type of transportation services provided, among other factors. In addition, one-time costs are anticipated in order to shift equipment storage and staff from the areas proposed as the homeless shelter to other areas on site. The efforts necessary to plan, construct and operate this shelter will take significant staff effort, time and funding from a variety of City Departments. The Budget Amendment appropriates $300,000 from the Affordable Housing Reserve into anew CIP project, Temporary Emergency Homeless Shelter Project No. 20F15. Use of Affordable Housing funds are limited to the construction or rehabilitation of affordable housing, or to assist other government entities, private organizations or individuals to provide or preserve affordable housing. The development of a temporary emergency shelter is consistent with the purpose and limitations of these funds. Funds from the Amended Hoag Hospital Development Agreement are expected to be programmed toward the operating costs associated with operating the shelter. Staff is actively pursuing Federal, State and County funding opportunities to support temporary shelter services, including the State's Homeless Emergency Aid Program. 18-2 DISCUSSION: Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue September 24, 2019 Page 3 On-aoina Citv efforts to assist with Homelessness Homelessness is a prevalent issue and concern for our community. The City has allocated resources and placed a high priority on working to move homeless individuals into temporary and permanent housing. As part of this process the City has a dedicated Homeless Liaison Police Officer, a Homeless Coordinator, a contracted social services provider, City Net, who assists with street outreach and connecting homeless with services. The City's Homeless Task Force will be providing recommendations to the City Council on long-term housing strategies, public education and understanding our population to better assist those experiencing homelessness. The City's website is also being updated regularly to provide residents and businesses with information and resources. City Staff is pursuing multiple options and ideas for a homeless shelter facility including partnering with neighboring agencies. The City's Public Works Corporation Yard at 592 Superior has emerged as one of the options. The portion of the Corporation Yard site used for the shelter would be approximately one acre in size, and is located 150 -feet south on the southeast corner of Superior Avenue and Industrial Way, in the City of Newport Beach. The site currently consists of multiple buildings of various sizes used for support and storage of the City's Public Works Department's Municipal Operations, the Finance Department's warehouse for citywide supplies, vehicle maintenance facilities as well as a refuse transfer station. Proposed Project The proposed project calls for an existing vehicle, equipment, materials storage, and office area within an existing garage to be converted into a temporary homeless shelter with approximately 40 beds ("Project") at the City's Corporation Yard located at 592 Superior Avenue, Newport Beach, CA ("Property"). The existing garage is approximately 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 possibility 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. Adjacent utilities including water mains, sewage, and other utilities are available on site, and minor extensions will be needed to connect to the proposed trailers. The Project will require relocation of existing vehicles, equipment, materials, offices and staff uses into other available garages and offices within the Property. Additional gates and fencing will also be installed to better define work areas and provide security and separation between the operation of the Corporation Yard and the Project. 18-3 Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue September 24, 2019 Page 4 Declaring a shelter crisis Government Code Section 8698 et. seq. allows local governments to declare a shelter crisis if a significant number of people are not able to obtain shelter and their health and safety may be threatened as a result. Declaring a shelter crisis does several things. First, it provides immunity from liability to the City for ordinary negligence in providing emergency shelter (Government Code Section 8698.1) Additionally, by declaring a shelter crisis, the City may allow homeless individuals to occupy designated public facilities (including vacant and underutilized facilities which are owned, operated, leased or maintained by the City) for the duration of the state of emergency (Government Code Section 8698.2(b)). The Council's declaration has the effect of suspending the provisions of any state or local regulatory stature, regulation, or ordinance prescribing standards of housing, health, or safety to the extent strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Finally, declaring a shelter crisis may provide funding opportunities to cities in order to alleviate the shelter crisis. Budget Amendment for the new Temporary Homeless shelter project and program A budget amendment is required to move the Affordable Housing Reserve funds into the CIP expenditure fund. At this time, it is difficult to estimate the total cost associated with the implementation of a temporary shelter. However, $300,000 should be sufficient to properly prepare concepts and final design of the facility using a variety of consultants under the City Manager's contracting authority. Approximately $1,500,000 is available in the Affordable Housing Reserve and the necessary remaining funds will be requested to be programmed into the Project for construction at a later time. Additionally, funds from the Amended Hoag Hospital Development Agreement are anticipated to provide some of the funding for the operation of the facility and will be budgeted at a later time. Title 20 (Zoning Code) Land Use and Development Standards Exemption Pursuant to State Senate Bill No. 2 (Cedillo) adopted in 2007 and effective on January 1, 2008, the City is required to identify adequate sites zoned in the City to accommodate emergency shelters. Currently, emergency shelters are permitted by -right within the Private Institutions (PI) and Office -Airport (OA) zoning districts of the City. In addition, NBMC Section 20.48.100 (Attachment D) provides the standards for the establishment and operation of emergency shelters, including establishing maximum number of beds, design and amenities requirements, location restrictions, and operational standards. The Property is designated Public Facilities (PF) by the Land Use Element of the General Plan and zoned Public Facilities (PF) by Title 20 of the Newport Beach Municipal Code (Zoning Code), both of which are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals and public utilities. The use of the City's Corporation Yard for use as the City's temporary emergency shelter is consistent with the purpose and intent of these designations. However, emergency shelters are not explicitly identified as a permitted use in the PF zoning district pursuant to NBMC Section 20.26.020 such that an exemption is needed in order to allow the Project at this location. 18-4 Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue September 24, 2019 Page 5 Additionally, to allow the City flexibility with design and operation of a successful homeless solution to the shelter crisis, an exemption from the emergency shelter standards specified in NBMC Section 20.48.100 is needed. This will allow the City to operate a shelter that deviates from specific standards, including but not limited to, maximum number of beds, and maximum length of stay. It is not anticipated that there will be significant traffic impacts at the site as transportation will be provided and client car ownership is expected to be limited. The required exemptions are allowed under NBMC Section 20.10.040(A) provided the City Council adopts a resolution at a noticed public hearing exempting specific provisions of the NBMC for the project (Attachment A). Selection of a homeless service arovider and Imalementation Schedule To understand the full costs of this option and to move as expediently as possible, staff is preparing a scope of services and identifying and assessing the requirements needed to operate a shelter. Staff will release a Request for Qualifications and enter into a selection process and negotiations with a homeless shelter operator(s). Upon selection of a recommended service provider, staff will bring forward a future agreement for City Council consideration and approval. This work effort will be in parallel to the design efforts to ensure a provider can be in place prior to completion of construction. At this point in the process, staff envisions the shelter to be prioritized for individuals with ties to the City, include a reservation system requiring police and City Net to process individuals entering the shelter, transportation to and from the facility, and an on-site homeless liaison to assist those at the shelter. Individuals would be given clean clothes, a locker to store belongings, and no alcohol, smoking or drugs would be allowed at the shelter. The shelter will be secured and staffed 24/7 with escorted access in and out of the Project. While staff is pursuing multiple paths for a temporary shelter including negotiating with neighboring cities and leasing property in the City, staff plans to use an accelerated effort to plan, design, construct and operate this temporary shelter so the facility can be opened as soon as possible if this is the option selected by City Council. The urgent need dictates that many processes be done in parallel to reduce the implementation schedule. Should the City Council direct this as the preferred location, staff estimates five to six months to complete construction and open the facility under an aggressive timeline. At a future City Council meeting, staff will present the estimated full costs of this option and request approvals for construction and installation contracts, additional consultant agreements or amendments, selection of a homeless shelter service provider/operator and necessary budget amendments if this option is selected. 18-5 Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City Corporation Yard at 592 Superior Avenue September 24, 2019 Page 6 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from 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 is attached as Attachment E. z[9)t1INIkiLes Notice of a public hearing was published in the Daily Pilot, mailed to all owners within 300 feet of the boundaries of the Project and posted on the Property at least 10 days before the September 24, 2019 City Council meeting as required by Section 20.10.040 of the NBMC. Additionally, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2019-84 Attachment B — Resolution No. 2019-85 Attachment C — Budget Amendment Attachment D — Emergency Shelter Standards Attachment E — Findings in Support of Statutory and Categorical Exemptions under the California Environmental Quality Act 18-6 ATTACHMENT A RESOLUTION NO. 2019-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, EXEMPTING A TEMPORARY EMERGENCY SHELTER FOR THOSE EXPERIENCING HOMELESSNESS FROM DEVELOPMENT STANDARD REQUIREMENTS APPLICABLE TO EMERGENCY SHELTERS, IN ACCORDANCE WITH SECTION 20.10.040 OF THE NEWPORT BEACH MUNICIPAL CODE (PA2019-170) 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 homeless and living without shelter in the City; WHEREAS, the County of Orange lacks sufficient emergency facilities to provide safe shelter to the homeless population and, as a result, homeless encampments are prevalent throughout the City, exposing individuals experiencing homelessness to hazardous elements, including severe weather, traffic, crime, communicable diseases, lack of sanitation, injury, risk of death and other conditions that are detrimental to health and safety; WHEREAS, the City Council affirms the City's commitment to combating homelessness and, to that end, has developed a plan to combat homelessness including the creation of a temporary emergency shelter; WHEREAS, the City owns property located at 592 Superior Avenue, Newport Beach, California ("Property") that serves as the City's Corporate Yard; WHEREAS, the City proposes that a portion of the Property depicted on Exhibit A be utilized as a temporary emergency homeless shelter by installing pre -constructed modular trailers that could accommodate 40 beds into an existing building as well as converting an adjacent building for homeless shelter use and support services ("Project"); WHEREAS, the Property is located in an urban, developed area and utilities including water, sewage, and other utilities are available on the Property, with only minor extensions needed to connect to the proposed trailers; WHEREAS, taking action as soon as possible to ensure that there are adequate sleeping alternatives available will help the City ensure public areas like parks, the civic center, libraries, beaches, and City sidewalks are available to the public at large; 18-7 Resolution No. 2019 - Page 2 of 4 WHEREAS, given the extent of the shelter crisis, as defined by Government Code Section 8698.2 ("Shelter Crisis"), the City Council finds that immediate and expeditious efforts are necessary to develop shelter solutions that are safe and meet basic habitability standards and that flexibility and broad based approaches are essential to increase capacity; WHEREAS, Section 20.10.040(A) of the Newport Beach Municipal Code ("NBMC") authorizes the City Council to exempt City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific NBMC provisions that apply in the absence of the exemption; WHEREAS, the Property is designated Public Facilities (PF) by the Land Use Element of the General Plan and zoned Public Facilities (PF) by Title 20 (Planning and Zoning) of the NEMC, both of which are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community center, public hospitals and public utilities; WHEREAS, the use of the Property for the Project is consistent with the purpose and intent of these designations, however, emergency shelters are not explicitly listed as a permitted use in the PF zoning district pursuant to Section 20.26.020 (Specific Purpose Zoning Districts, Land Uses, and Permit Requirements) of the NBMC. Therefore, an exemption is necessary to allow for the Project at the Property; WHEREAS, Section 20.48.100 (Emergency Shelters) of the NBMC provides standards for the establishment and operation of emergency shelters in compliance with Government Code Section 65583, including establishing maximum number of beds, parking requirements required in Chapter 20.40, design and amenities requirements, location restrictions, and operational standards; WHEREAS, to allow the City flexibility to operate a successful solution to the shelter crisis, flexibility to meet the standards set forth in Section 20.48.100 of the NBMC, including the parking standards set forth in Section 20.40.040, is necessary; and WHEREAS, a public hearing was held on September 24, 2019, in the City Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the California Government Code Section 54950, et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. VT:: Resolution No. 2019 - Page 3 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: In accordance with Section 20.10.040(A) of the NBMC, the City Council does hereby exempt the Project located at 592 Superior Avenue, Newport Beach, California, as depicted on Exhibit A, from the land use and development standard requirements set forth in Section 20.26.020. Additionally, the City Council does hereby exempt the Project from Section 20.48.100 (Emergency Shelters) of the NBMC which provides standards for the establishment and operation of emergency shelters in compliance with Government Code Section 65583, including establishing maximum number of beds, parking requirements specific to emergency shelters set forth in Section 20.40.040, design and amenities requirements, location restrictions, and operational standards. Section 2: The City Council finds adoption of this resolution is in conformity with the General Plan of the City of Newport Beach in that although emergency homeless shelters are not explicitly identified in the PF zoning designation, the Project is consistent with other uses identified in the PF zoning district. Additionally, with the declaration of a shelter crisis pursuant to Government Code Section 8698.2, the provisions of the City's regulatory statutes, regulations or ordinances prescribing the standards of housing, health, or safety are suspended as necessary to mitigate the effects of the shelter crisis. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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. WE Resolution No. 2019 - Page 4 of 4 Section 5: 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 B, incorporated herein by this reference. Section 6: 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 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �r aro C. Harp City arney Attachment(s): Exhibit A — Location of Temporary Emergency Shelter Exhibit B — Findings in Support of Statutory and Categorical Exemptions under the California Environmental Quality Act ("CEQA") 18-10 Exhibit A Location of Temporary Emergency Shelter 18-11 18-12 Exhibit B CEQA Exemption 18-13 FINDINGS IN SUPPORT OF STATUTORY AND CATEGORICAL EXEMPTIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 15269(c) (Emeraencv Proiects 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 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 1 18-14 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 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) 2 18-15 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, 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 3 RUM 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. 4 18-17 ATTACHMENT B 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 860 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2) (PA2019-1 T0) 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`S 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-_ Page 2of2 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 ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE aro C.r Harp City ney Attachment(s): Exhibit A - Findings in Support of Statutory and Categorical Exemptions under the California Environmental Quality Act ("CEQA") Exhibit A CEQA Exemption i!.n=: -r:rCr v.+�r� • s:•s•�^p •r..-:�' sem' . 18-20 FINDINGS IN SUPPORT OF STATUTORY AND CATEGORICAL EXEMPTIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 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 18-21 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 = 6, 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 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) N 18-22 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, 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 3 18-23 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. 4 18-24 ,woo ATTACHMENT C City of Newport Beach (� BUDGET AU[ENDMENT 2019-20 BA#: 20-015 Department: City Manager ONE TIME: aes ❑Vo Requestor: Carol Jacobs Approvals Prepared By: Amy Mayfield ❑ CITY MANAGER'S APPROVAL ONLY G�,n,,-_ 1/ i e t•` Finance Director. OVV�'YW1 ✓� I (� �AV� M S �i Date 1 El COUNCIL APPROVAL REQUIRED Ci Clerk: Date EXPLANATION FOR REQUEST: To allocate funds from the Affordable Housing Reserve to be used towards the design of an emergency shelter. Drom existing budget appropriations Drom additional estimated revenues Drom unappropriated fund balance Fund # Org Object Project Description Increase or (Decrease) $ 012 01299 691010 Interfund Transfers Transfer In General Fund $300,000.001 I Subtotal $300,000.00 Fund # Org Object Project Description Increase or (Decrease) $ 012 01201928 9800000 20F15 -Unassigned -012 -Unassigned +Misc & Studies General Fund CIP $300,000.00 010 01099 991012 General Fund Interfund Transfer - Transfer Out CIP Fund $300,000.00 Subtotal $600,000.00 BALANCE Fund # Object Description 010 330004 General Fund - Affordable Housing Reserve Increase or (Decrease) $ ($300,000.00) Subtotal ($300,000.00) Fund Balance Change Required 18-25 9/11/2019 Newport Beach, California ATTACHMENT D 20.48.100 Emergency Shelters. .......................................................................................................................................................................................................................................................................................................................................................................... This section provides standards for the establishment and operation of emergency shelters in compliance with Government Code Section 65583. A. Maximum Number of Beds. Each emergency shelter may have a maximum of forty (40) beds. B. Parking. Off-street parking shall comply with Chapter 20.40 (Off -Street Parking). Nonoperational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator. C. Design and Amenities. 1. Exterior Waiting Area. Each emergency shelter shall provide an exterior waiting area of at least ten (10) square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way. 2. Facility Layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas. 3. Sleeping Area. Each emergency shelter shall provide at least thirty-five (35) square feet of sleeping area per bed. 4. Bathroom Facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities). 5. Telephone Services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call -out service only. 6. Additional Standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements. D. Location Restriction. 1. Minimum Separation Distance. An emergency shelter shall be located at least three hundred (300) feet away from another emergency shelter. 2. Measurement of Separation Distance. The distance of separation shall be measured in a straight line between the property lines of each use without regard to intervening structures or objects. E. Operational Standards. 1. Length of Stay. The maximum length of stay shall be fourteen (14) days. 2. On -Site Management. Each emergency shelter shall provide on-site supervision at all times. 3. Congregation in Neighborhood Prohibited. The shelter operator shall: a. Patrol the surrounding area within one thousand (1,000) feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood. b. Regularly patrol the area surrounding the shelter site during hours that the shelter is in operation to ensure that homeless persons who have been denied access are not congregating in the neighborhood. 4. Contact Information. The operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency. 5. Litter and Graffiti. The owner/operator shall: https://www.codepublishing.com/CA/NewportBeach/ 18-26 1/2 9/11/2019 Newport Beach, California a. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Provide for daily removal of trash from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and c. Remove graffiti within forty-eight (48) hours of written notice from the City. 6. Controlled Access. The facility and/or the premises shall be accessed by one entrance. 7. Supplemental Services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 18-27 https://www.codepublishing.com/CA/NewportBeach/ 2/2 ATTACHMENT E CEQA Exemption FINDINGS IN SUPPORT OF STATUTORY AND CATEGORICAL EXEMPTIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 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 1 18-29 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 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 E 18-30 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, 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 3 18-31 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. M 18-32