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HomeMy WebLinkAbout2019-85 - Declaring a Shelter Crisis Pursuant to Senate Bill 850 (Chapter 48, Statutes Of 2018 And Government Code § 8698.2) (PA2019-170)RESOLUTION NO. 2019-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING A SHELTER CRISIS PURSUANT TO SENATE BILL 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE § 8698.2) (PA2019-170) WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the California Legislature ("Legislature") recognized the urgent and immediate need for assistance at the local level to combat homelessness; WHEREAS, the Governor's Office and Legislature enacted the Homeless Emergency Aid Program ("HEAP") as part of Senate Bill ("SB") 850 codified in Government Code Section 8698 et. seq. and the 2018-19 Budget Act which affords cities that declare a shelter crisis the ability to provide housing services in a more efficient manner while also providing funds as available ("Shelter Crisis"); WHEREAS, the City Council finds that the number of homeless persons in the City of Newport Beach ("City") is significant based upon the County of Orange's most recent Point in Time Count which found 64 persons are homeless and living without shelter in the City; WHEREAS, the City finds that the health and safety of unsheltered persons in the City is threatened by a lack of shelter and, as a result, has developed a homelessness plan in order to combat homelessness in the City; and WHEREAS, the City affirms its commitment to combating homelessness and creating shelter and service options for those living without shelter in the City. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: Pursuant to Government Code Section 8698.2, the City Council does hereby declare that a Shelter Crisis emergency exists in the City of Newport Beach and authorizes the City Manager to seek funding, as it becomes available, to alleviate the Shelter Crisis. The Shelter Crisis shall continue until such time as the City Council adopts a resolution declaring an end to the Shelter Crisis. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2019-85 Page 2 of 2 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution, in addition to several other actions in furtherance of the Project, is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the statutory exemption set forth in Section 15269(c) (Emergency Projects) and the categorical exemptions set forth in Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15304 (Minor Alterations of Land), and 15332 (In -Fill Development Projects) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because there is no substantial evidence demonstrating an exception to reliance on the categorical exemptions. A more detailed analysis and determination supporting the CEQA exemptions are provided in the attached Exhibit A, incorporated herein by this reference. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of September, 2019. Diane B. Dixon Mayor ATTEST: JIM-/ �I�X/ O� e Leilani I. Brown. City Clerk bpi APPROVED AS TO FORM:Q:tsa CITY ATTORNEY'S OFFICE 'O ti- - --- Aaron C. Harp City Attorney Attachment(s): Exhibit A - Findings in Support of Statutory and Categorical Exemptions under the California Environmental Quality Act ("CEQA") Exhibit A CEQA Exemption FINDINGS IN SUPPORT OF STATUTORY AND CATEGORICAL EXEMPTIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT California Government Code Section 8698.4 In accordance with Assembly Bill 143 (2019) as codified in California Government Code Section 8698.4, the California Environmental Quality Act does not apply to actions taken by cities located within the County of Orange that declare a shelter crisis and that lease, convey or encumber land owned by a city or provide financial assistance to a homeless shelter. 15269(c) (Emergency Projects) Section 15269(c) is a statutory exemption applicable to specific actions necessary to prevent or mitigate an emergency. This exemption does not apply to long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. According to the County of Orange's Point in Time Count for 2019, the homeless population in Orange County has increased 43 percent from two years prior to 6,860 homeless persons. Additionally, the Point in Time Count found 3,961 individuals were unsheltered on the street with 64 persons homeless and without shelter in the City. Without adequate shelter, public spaces including the OCTA Transit Center are being utilized for shelter resulting in negative secondary effects. Based upon the foregoing, the City is declaring a shelter crisis and in accordance with Government Code Section 8698.2 and exempting the City from the development standard requirements applicable to emergency shelters in accordance with Section 20.10.040 of the NBMC in order to provide immediate relief for the unsheltered. Without the application of the statutory exemption set forth in Section 15269(c) there is a risk to public health, safety or welfare in that Newport Beach's homeless population lacks adequate facilities to seek shelter. 15301 (Existing Facilities) CEQA' s Class 1 Exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or topographical features involving negligible or no expansion of a use beyond the use existing at the time of the lead agency' s CEQA determination. (CEQA Guidelines, § 15301.) The portion of the Property used for the shelter would be approximately one acre in size, is located 150 -feet south on the southeast corner of Superior Avenue and Industrial Way, in the City of Newport Beach. The Property currently consists of multiple buildings of various size used for support and storage the City's Public Works Department's municipal operations. The Project calls for an existing vehicle, equipment, materials storage, and office area within a garage to be converted into temporary homeless shelter with approximately 40 beds. The existing garage is approximately 1 10,500 square feet in area, open on one side, and measures approximately 23 feet high. Specifically, the Project calls for pre -constructed modular trailers to be located within the garage structure and possibly outside the garage. The garage would be retrofitted with fire sprinklers and remodeled to include appropriate life safety measures. In addition, the Property includes outdoor space adjacent to the garage and a parking lot. The Project also includes retrofitting an existing warehouse building for homeless shelter use, including support service uses. In this urban, developed area, utilities including water main, sewage, and other utilities are available on site, and minor extensions will be needed to connect to the proposed trailers. The operation of the shelter is anticipated to generate minimal traffic trips and will be subject to all applicable City regulations regarding environmental quality, including noise and water quality. With respect to traffic, the vehicle trips associated with similar projects are typically comprised of employees, volunteers, and shuttle/deliveries/donations. A basic approach is to consider a shelter facility a "nursing home" to determine the number of daily trips. The Institute of Transportation Engineers Manual applies a trip generation rate of 3.06 trips per bed. With 40 beds, the estimated number of daily trips would be 122.4 trips per day. The adjacent streets are Superior Avenue (4 lanes) and Industrial Way (2 lanes). Parking is restricted on the east side of Superior Avenue adjacent to the Property. There are sidewalks on both sides of Superior Avenue, with no striped bike lanes. Traffic volumes on Superior Avenue are 22,000 vehicles per day. The typical daily capacity of a 4 lane divided roadway is 34,000 vehicles per day. The current level of service = B, which would not change with traffic generated from the Project. There is a limited amount of public parking on Industrial Way adjacent to the Property. There are sidewalks on both sides of Industrial Way, with no striped bike lanes. Traffic volumes on Industrial Way are 2,000 vehicles per day. The typical daily capacity is 10,000 vehicles per day. The current level of service = A, which would not change with the Project. There is one access driveway from Superior Avenue, and one driveway from Industrial Way. No changes are proposed to the Property's parking lot or driveway access points. The transportation system can support the Project. Evaluation factors included street capacity and level of service, access requirements, and pedestrian safety. The Project therefore calls for the operation and minor alteration of existing public facilities involving negligible expansion of the existing use, and the project is exempt from CEQA pursuant to the Class 1 Exemption. 15303 (New Construction or Conversion of Small Structures) CEQA's Class 3 Exemption applies to the construction and location of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities in small structures. (CEQA Guidelines, § 15303.) The exemption also applies to street, water main, sewage, electricity, gas, and other utility extensions of reasonable length used to serve such exempt constructions. (CEQA Guidelines, § 15303(d).) Here, the Project calls for pre -constructed modular trailers to be located within or adjacent to an existing vehicle and materials storage garage and conversion of the City's warehouse within the Property. The Project will accommodate approximately 40 beds for the KA homeless individuals. In this urban, developed area, utilities including water main, sewage, and other utilities are available on site, and minor extensions will be needed to connect to the proposed trailers. Thus, the Project seeks to locate a limited number of new, small modular trailer facilities at the Property and is exempt from CEQA pursuant to the Class 3 Exemption. 15304 (Minor Alterations of Land) CEQA's Class 4 Exemption applies to the minor public or private alterations to the condition of land, water, or vegetation. (CEQA Guidelines, § 15304.) One example listed in this exemption includes the minor temporary use of land having negligible or no permanent effect on the environment. (CEQA Guidelines, § 15304(e).) The Project calls for a portion of the existing Property to be used as a temporary homeless shelter with approximately 40 beds. Specifically, the Project calls for pre -constructed modular trailers to be placed within an existing storage garage at the Property and the conversion of existing warehouse space at the Property. The Project is anticipated to generate minimal traffic trips (see discussion above regarding traffic) and will be subject to all applicable City regulations regarding environmental quality, including noise and water quality. As a result, the Project is exempt from CEQA pursuant to the Class 4 Exemption. . 15332 (Infill Exemption) CEQA's Class 32 Infill Exemption applies to projects that meet the following conditions: • The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations; • The proposed undertaking will occur within the city limits on a project site of not more than five acres that is substantially surrounded by urban uses; • The project site has no value as habitat for endangered, rare, or threatened species; • The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and • The site can be adequately served by all required utilities and public services. (CEQA Guidelines, § 15332.) Here, the Project site is designated Public Facilities (PF) by the Land Use Element of the General Plan and zoned Public Facilities (PF) by Title 20 of the Municipal Code (Zoning Code), both of which are intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community center, public hospitals and public utilities. The use of the Property for use as the City's temporary emergency shelter is consistent with the purpose and intent of these designations. Although emergency shelters are not listed as a permitted use in the PF zoning district, consistent with Zoning Code Section 20.10.040(A), the City Council exempted the City -implemented project from the land use limitation of the PF zoning district at a noticed public hearing on September 24, 2019 in order to allow the City to operate a successful homeless solution to the shelter crisis. Additionally, the City Council declared a shelter crisis pursuant to Government Code Section 8698 et seq., such that the City's regulatory statutes, 3 regulations and ordinances prescribing standards of housing, health, or safety, are suspended as necessary to mitigate the effects of the shelter crisis. Therefore, the Project conforms to the City of Newport Beach General Plan. The Project is located within the City, and is approximately one acre in size. The Project is surrounded by: unaffected portions of the Corporate Yard that will remain in operation, the approximately 14 -acre Hoag Health center medical office complex to the south, and commercial and industrial uses to the north, west, and east. The Project is developed with existing structures and a paved parking which has no value as a habitat for endangered, rare, or threatened species. The Project calls for pre -constructed trailers to be placed on the site, and thus would not result in any significant construction impacts. The operation of the shelter is anticipated to generate minimal traffic trips (see discussion regarding traffic above) and will be subject to all applicable City regulations regarding environmental quality, including noise and water quality. Construction would occur during daylight hours. Operation of the Project would not include any noise -generating activities beyond normal vehicle traffic and conversations. Operational emissions are related primarily to trip generation. It is not expected that many homeless individuals would maintain personal vehicles, but rather would arrive by organized transport. Emissions from this source would be negligible. The Project would not include any activities that generate ozone precursors, particulate matter or toxic air contaminants; therefore, no significant air emissions would occur. As the Property is located within a dense urban area, the site is and can be adequately served by all required utilities and public services, including Police and Fire services. On this basis, the Project is exempt from CEQA pursuant to the Class 32 Exemption. The City has considered whether any of the potential exceptions to reliance on one or more categorical exemptions applies to the Project, as outlined in CEQA Guidelines section 15300.2. The City finds no evidence warranting a finding that one or more of the exceptions listed applies. The City, for example, is considering other proposals to provide services and housing to people experiencing homelessness, but the Project does not contribute to any cumulatively significant impacts when considered in conjunction with such projects. The Project would be designed and operated in a safe and sanitary manner, and impacts on surrounding properties would be minimized. The Project therefore does not present cumulative impacts or unusual circumstances that would result in a significant effect. 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-85, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 241h day of September, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: Council Member Joy Brenner ABSTAIN: Council Member Brad Avery ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 251h day of September, 2019. Leilani I. Brown , City Clerk Newport Beach, California