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HomeMy WebLinkAbout8.1 PublicHearing PLPA-2010-00022 ZOA-Hsng Elem.G~?? OF DpB? i9 - -Jh 82 ?`lLIFOR?? DATE: TO: March 8, 2011 Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2010-00022 Zoning Ordinance Amendments (Legislative) - Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to implementation of the 2009-2014 Housing Element Report prepared by Mamie R. Waffle, Senior Planner EXECUTIVE SUMMARY: On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009- 2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. The Housing Element contains programs that define the specific actions the City will undertake to achieve the goals and policies set forth in the Housing Element. Some of the programs require that the Zoning Ordinance be amended to facilitate the development of a variety of housing options. The proposed Zoning Ordinance Amendments include amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), 8.102 (Minor Use Permit) and 8.116 (Zoning Clearance) and the addition of Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The Planning Commission will consider the proposed Zoning Ordinance Amendments and make a recommendation to the City Council. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending City Council adoption of Zoning Ordinance Amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), 8.102 (Minor Use Permit) and 8.116 (Zoning Clearance) and adding Zoning Ordinance Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). U-Y, Submitted By: Senior Planner Revie a By: Planning Manager COPIES TO: File ITEM NO.:?• Page 1 of 7 G: IPAM2010WLPA-2010-00022 ZOA Housing Element Implementation PC 03.08. 11 TCSR 03.08.11.doc STAFF REPORT PLANNING COMMISSION DESCRIPTION: On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009- 2014 planning period and on May 12, 2010 the updated Housing Element was certified by the Department of Housing and Community Development. State law requires that local jurisdictions prepare a Housing Element that addresses a variety of housing types to meet the needs of the homeless and other special needs populations within the community. Senate Bill 520 was passed in 2002 and requires that local jurisdictions remove governmental constraints and provide reasonable accommodations for persons with disabilities to obtain access to housing. Assembly Bill 2634 (passed in 2006) requires that local jurisdictions make provisions for supportive housing and single room occupancy units and Senate Bill 2 (passed in 2007) requires that local jurisdictions make provisions for emergency shelters and transitional housing. The Housing Element includes programs to address these State laws and the programs require that the Zoning Ordinance be amended. In developing the housing programs to meet State law requirements, Staff conducted a number of outreach efforts to gain input from service providers, interested stakeholders and members of the community. Study Sessions were held with the Planning Commission and City Council; community workshops were held with the Housing Committee, service providers, interested stakeholders and members of the community; and public hearings were held to review and adopt the updated Housing Element. Through these community outreach efforts input was provided on how to meet the housing needs of special needs populations. Based on the input received, Housing Program 20 addressing Reasonable Accommodation for persons with disabilities; Housing Program 21 addressing Emergency Shelters for the homeless; and, Housing Programs 22, 23 and 24 addressing Transitional Housing, Supportive Housing and Single Room Occupancy Units, respectively, were developed (see Attachment 1). These housing programs require that the Zoning Ordinance be amended. ANALYSIS: The following Zoning Ordinance Amendments implement Housing Programs 20 through 24 addressing Reasonable Accommodation, Emergency Shelters, Transitional Housing, Supportive Housing, and Single Room Occupancy Units, respectively. The proposed Zoning Ordinance amendments in strikethrough/underline format are included as Attachment 2 and the draft Ordinance is included as Exhibit A to Attachment 3. Program 20: Reasonable Accommodation This program seeks to provide relief to persons with disabilities who need to make modifications to their homes for accessibility purposes. Certain development standards such as setbacks or lot coverage may need to be relaxed in order to ensure that persons with disabilities are able to enjoy their residences like other residents. Zoning Ordinance Amendment - Add Chapter 8.38 Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is proposed to be added to the Dublin Zoning Ordinance and establishes a ministerial permit process by which persons with disabilities can seek relief from setback and lot coverage requirements through the issuance of a Zoning Clearance when certain development standards and regulations can be 2of7 met. The development standards and regulations include: • The home is a legally established dwelling in a residential zoning district. • The home is the primary dwelling of the disabled person(s). • Any exterior modification is architecturally compatible with the dwelling and surrounding neighborhood. • A minimum 5-foot side yard setback and 10-foot rear yard setback is maintained. • Maximum lot coverage does not exceed 50% for a one-story home or 45% for a two-story home. • Uncovered access ramp can be located anywhere if the height does not exceed the grade level finish floor of the home. If the established development standards and regulations cannot be met, an applicant may apply for Site Development Review to request further modifications to their home to accommodate their disability. The proposed Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) addresses reasonable accommodations (Attachment 3, Exhibit A, pages 6-8). Program 20 also requires that the Zoning Ordinance definition for "family" be amended. The current definition could be considered a constraint to housing for persons with disabilities because it refers to a family as having 4 or fewer boarders. This definition conflicts with court decisions which concluded that the definition of family should not impose limitations on the number of persons that may constitute a family. Because 6 or fewer disabled persons could be considered boarders of a licensed community care facility, the City's current definition of family can be viewed as a potential constraint on housing for housing persons with disabilities. Zoning Ordinance Amendment - Amend Definition of "Family" The definition for "Family" in Chapter 8.08 (Definitions) is proposed to be amended to eliminate any reference to the number of individuals that can comprise a housekeeping unit (see Attachment 3, Exhibit A, page 3). Program 21: Emergency Shelters An Emergency Shelter is a year-round shelter for the homeless. The Zoning Ordinance currently allows Emergency Shelters in all Commercial and Industrial Zoning Districts with approval of a Conditional Use Permit. With the passage of Senate Bill 2, Emergency Shelters are now required to be permitted by-right in at least one Zoning District. The M-1 (Light Industrial Zoning District) was identified in the updated Housing Element as the Zoning District where Emergency Shelters would be allowed by-right. The M-1 Zoning District was identified as an appropriate location for Emergency Shelters due to easy access to major thoroughfares and public transit. Zoning Ordinance Amendment The definition of Emergency Shelter in Chapter 8.08 (Definitions) is proposed to be amended to eliminate the reference to a Conditional Use Permit being required in Commercial and Industrial Zoning Districts (see Attachment 3, Exhibit A, page 3). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to remove Emergency Shelters as a conditionally permitted use in the Commercial and Industrial Zoning Districts and to add Emergency Shelters as a permitted use in the M-1 (Light Industrial) Zoning District (see 3 of 7 Attachment 3, Exhibit A, page 4). The creation of a new chapter, Chapter 8.45 (Emergency Shelters), is also proposed to provide objective procedures and standards to encourage and facilitate the establishment of Emergency Shelters (see Attachment 3, Exhibit A, pages 8-10). The proposed new chapter on Emergency Shelters establishes a ministerial process whereby an Emergency Shelter may be approved through a Zoning Clearance if certain development standards and regulations can be met. The development standards and regulations include: • Complying with existing standards for the M-1 (Light Industrial Zoning District). • Meeting the parking requirements for the use. • Providing on-site management and security during the shelter's hours of operation. • Providing adequate external lighting throughout the site. • Submitting a Shelter Management Plan. • Limiting the length of stay to 30 consecutive days. • Locating the shelter near a public transit. • Limiting noise generated on-site. • Meeting all City, County and State requirements for the operation of the shelter. See Attachment 3, Exhibit A, pages 8-10. Program 22: Transitional Housing Transitional Housing is housing that is operated under program requirements that limit the length of time that occupants can live there. The length of stay can vary but must be at least 6 months. The Zoning Ordinance currently allows for Transitional Housing in the R-2 (Two Family Residential) and R-M (Multi-Family Residential) Zoning Districts with approval of a Conditional Use Permit. With the passage of Senate Bill 2, Transitional Housing must be regulated consistent with comparable residential uses and can only be subject to those restrictions that apply to other residential uses of the same type in the same zone. Zoning Ordinance Amendment The definition of Transitional Housing in Chapter 8.08 (Definitions) is proposed to be deleted and two new definitions added (see Attachment 3, Exhibit A, page 3). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Transitional Housing as a permitted use (when serving 6 or fewer persons) in the Agricultural and Residential Zoning Districts, a conditional use in Residential Zoning Districts (when serving 7 or more persons) and in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) Zoning Districts (see Attachment 3, Exhibit A, page 4). The creation of a new chapter, Chapter 8.50 (Transitional Housing), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Transitional Housing (see Attachment 3, Exhibit A, pages 12-13). The proposed new Chapter on Transitional Housing establishes procedures and standards to encourage and facilitate the establishment of Transitional Housing. Transitional Housing that serves 6 or fewer people in a dwelling unit would be a permitted use similar to Small Community Care Facilities serving 6 or fewer people and would be considered a residential use of the property. Transitional Housing that serves 7 or more people in a dwelling unit would be a conditional use similar to Large Community Care Facilities which serve 7 or more people and would be reviewed by the Planning Commission. 4of7 Program 23: Supportive Housing Supportive Housing is occupied by a target population as defined in the Health and Safety Code and includes low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions and has no limit on the length of stay. The housing is linked to services to meet the needs of the residents and those services could be located on-site or off-site. The Zoning Ordinance does not currently address Supportive Housing. With the passage of Senate Bill 2, local jurisdictions are now required to allow Supportive Housing. Zoning Ordinance Amendment Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Supportive Housing (see Attachment 3, Exhibit A, pages 2-3). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Supportive Housing as a permitted use (when serving 6 or fewer persons) in the Agricultural and Residential Zoning Districts, a conditional use in Residential Zoning Districts (when serving 7 or more persons) and in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light Industrial) Zoning Districts (see Attachment 3, Exhibit A, page 4). The creation of a new chapter, Chapter 8.47 (Supportive Housing), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Supportive Housing (see Attachment 3, Exhibit A, pages 10-11). Similar to Transitional Housing, the proposed new Chapter on Supportive Housing establishes procedures and standards to encourage and facilitate the establishment of Supportive Housing. Supportive Housing that serves 6 or fewer people in a dwelling unit would be a permitted use similar to Small Community Care Facilities serving 6 or fewer people and would be considered a residential use of the property. Supportive Housing that serves 7 or more people in a dwelling unit would be a conditional use similar to Large Community Care Facilities which serve 7 or more people and would be reviewed by the Planning Commission. Program 24: Single Room Occupancy (SRO) Units Single Room Occupancy Units are one-room units which are not required to have a kitchen or bathroom and are intended for occupancy by a single individual. The Zoning Ordinance does not currently address SRO's. With the passage of Assembly Bill 2634, local jurisdictions are now required to make provisions for SRO's. The Housing Element identifies the C-2 (General Commercial) Zoning District to allow SRO's as a conditionally permitted use. During the development of the updated Housing Element, the Housing Committee and members of the public discussed what would be the most appropriate Zoning District for Single Room Occupancy Units. The C-2 Zoning District was chosen due to easy access to major thoroughfares and public transit as well as access to services that may be necessary to meet the needs of residents of a Single Room Occupancy Unit. Zoning Ordinance Amendment Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Single Room Occupancy Units (see Attachment 3, Exhibit A, page 2). Additionally, Chapter 8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to reflect Single Room Occupancy Units as a conditional use in the C-2 (General Commercial) Zoning District (see Attachment 3, Exhibit A, page 4). The creation of a new chapter, Chapter 8.46 (Single Room Occupancy Units), is also proposed to provide procedures and standards to encourage and facilitate the establishment of Single Room Occupancy Units (see Attachment 3, Exhibit A, page 10). 5of7 The proposed new Chapter on Single Room Occupancy Units establishes procedures and standards to encourage and facilitate the establishment of Single Room Occupancy Units. A Single Room Occupancy Unit development would be a conditional use in the C-2 (General Commercial) Zoning District and would be reviewed by the Planning Commission. Associated Zoning Ordinance Amendments In addition to the aforementioned Zoning Ordinance Amendments, other sections of the Zoning Ordinance are proposed to be amended to ensure internal consistency with the new regulations related to Emergency Shelters, Transitional Housing and Supportive Housing. This includes amendments to Chapter 8.16 (Agricultural Zoning Districts), Chapter 8.20 (Residential Zoning Districts), Chapter 8.24 (Commercial Zoning Districts) and Chapter 8.28 (Industrial Zoning Districts). These amendments are necessary to ensure consistency throughout the Zoning Ordinance. Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to be amended to include parking standards for Emergency Shelters, Single Room Occupancy Units, Supportive Housing and Transitional Housing (see Attachment 3, Exhibit A, page 13). The parking standards proposed are as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Emergency Shelter 1 parking space for every 20 beds plus 1 each employee on the largest shift plus 1 each comp an vehicle parking space for parking space for Single Room Occup ancy Units 1 per unit plus 1 guest parking space for eve 3 units Supportive Housing - Small 2 per dwelling Supportive Housing - Large 1 per 3 employees on largest shift, plus 1 per 3 beds Transitional Housin g - Small 2 per dwelling Transitional Housin g - Large 1 per 3 employees on largest shift, plus 1 per 3 beds The parking standards for Emergency Shelters and Single Room Occupancy Units are new standards that have been derived based on a consultation of a number of sources including the American Planning Association Parking Standards manual as well as other Bay Area cities. The parking standards for Supportive and Transitional Housing are based on the existing Zoning Ordinance standards for Community Care Facilities. Chapter 8.116 (Zoning Clearance) is proposed to be amended to add Reasonable Accommodations for Persons with Disabilities and Emergency Shelters to the list of applications subject to a Zoning Clearance (see Attachment 3, Exhibit A, pages 13-16). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in that they implement the programs adopted as part of the 2009-2014 Housing Element update. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. To date, the City has received no objections regarding the Project. 6of7 ENVIRONMENTAL REVIEW: The Dublin City Council adopted a Negative Declaration on March 2, 2010 for the 2009-2014 Housing Element update through Resolution 33-10 which is incorporated herein by reference. The 2009-2014 Housing Element includes programs which indentified the Zoning Ordinance Amendments to be undertaken. The adoption of the Zoning Ordinance Amendments have been found to be exempt under Section 15061(b)(3) as the project will not have a significant effect on the environment. ATTACHMENTS: 1) Housing Programs 20-24 (The full Housing Element is available on-line at: www.ci.dublin.ca.us. Click on Departments/ Community Development/ Planning/ Document Library/ 2009-2014 Housing Element). 2) Proposed Zoning Ordinance Amendments in Strikethrough/Underline format. 3) Resolution recommending City Council adoption of Zoning Ordinance Amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off- Street Parking and Loading Regulations), 8.102 (Minor Use Permit) and 8.116 (Zoning Clearance) and adding Zoning Ordinance Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing), with the draft City Council Ordinance attached at Exhibit A. 7of7