HomeMy WebLinkAbout04-029 Emerg Sheltr & Hsg Reg
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: September 14, 2004
SUBJECT:
ATTACHMENTS: 1.
RECOMMENDATION: 1.
2.
3.
4.
5.
BACKGROUND:
P A 04-029 City of Dublin, Emergency Shelter and Transitional
Housing Regulations, Zoning Ordinance Amendment - Amendment to
Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And Permitted
Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts;
and, Chapter 8.64, Home Occupations Regulations of the Dublin Municipal
Code (Zoning Ordinance).! /'
Prepared by Janet Harbin. Senior Planner '"
\
2.
Resolution recommending the City Council adopt the Ordinance
(Attachment 2) amending the Dublin Municipal Code (Zoning
Ordinance ).
Ordinance amending Chapters of the Dublin Municipal Code related
to Emergency Shelters and Transitional Housing Regulations.
Excerpt from Housing Element (1999-2006) of the Dublin General
Plan, pp. 38-39.
3.
Open Public Hearing and receive Staff presentation;
Take testimony from the Public;
Question Staff and the Public;
Close Public Hearing and deliberate;
Adopt Resolution (Attachment 1) recommending the City Council
adopt the Ordinance (Attachment 2) to amend the Dublin Municipal
Code related to Emergency Shelters and Transitional Housing.
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance over the past years has revealed some areas where
the Ordinance requires clarification, improvement, and further revision to conform to changes in related
municipal codes, technology changes and State law. Implementation of the Zoning Ordinance over the
past years has revealed some areas where the Ordinance requires clarification, improvement, and further
revision to conform to changes in related municipal codes, technology changes and State law. This
project consists of an amendment to various chapters of the Zoning Ordinance (see attached Ordinance,
Attachment 1) to modify the various chapters and sections of the Ordinance to allow emergency shelters
and transitional housing with a Conditional Use Permit approved by the Planning Commission.
The subject of this report, the Emergency Shelter and Transitional Housing Zoning Ordinance Amendment,
P A 04-029, is intended to comply with the requirements of California State Government Code Section
65863(a), Article 2, Planning and Zoning Law, which requires that local housing needs be met by cities and
appropriate zoning and development standards be established in each locality to facilitate and encourage the
development ofa variety of housing types, including short-term housing such as emergency shelters and
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COPIES TO: In House Distribution
GIPA#\2004104-029 Emerg ShelterOrdAmndlPCSR - EmerSheltOrd.DOC
ITEM NO.
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transitional housing for the homeless population. The Ordinance is intended to regulate the use and
development of emergency shelters and transitional housing for the homeless persons in Dublin, and other
matters in accordance with the statute.
Additionally, with adoption of the Housing Element (1999-2006) of the Dublin General Plan on June 3,
2003, Goal F, Policy 1, and Program F.l.l (see Attachment 3) were approved by the City Council which
provided direction to amend the Zoning Ordinance to establish criteria, standards and implementation
measures to assist in the development of emergency shelters and transitional housing for the homeless
population in the City of Dublin. The goal and policy in the Housing Element reads as follows:
Goal F:
To provide short-term shelter for individuals and families without affordable
permanent housing
Policy 1
Allow emergency shelters and transitional housing for the homeless
Program F.l.l. related to this goal and policy further directs that the Zoning Ordinance be amended to
allow emergency shelters in commercial and industrial zoning districts, and transitional housing in
medium- and high-density residential zoning districts with a conditional use permit. Currently, the
emergency shelters and transitional housing units available to the homeless population in Dublin are
located in Livermore and Hayward. Based on statistical data compiled at these locations, a small portion
of those at the facilities are residents ofOublin. Federal funding programs and funding sources are
becoming more available to groups, agencies and private organizations to establish these facilities, and the
modifications to the Zoning Ordinance will provide guidelines for the Planning Commission's use in
evaluating these potential projects. Most recently, at the Federal level, the Samaritan Initiative legislation
has been introduced to assist local communities to end "chronic homelessness" over the next 1 0 years by
creating permanent housing with supportive services through local grants.
The Zoning Ordinance (Chapter 8.120), requires that all Zoning Ordinance amendments be heard by the
Planning Commission and following a public hearing, the Planning Commission must make a written
recommendation to the City Council whether to approve, approve with modifications or disapprove the
amendment. The Resolution in Attachment 1 recommends the Ordinance changes in Attachment 2 to the
City Council for approval.
ANAL YSIS
To implement the provision of the State planning and zoning law related to providing its share of housing
for the local homeless population, and to implement the General Plan goal and poI icy, the City of Dublin
must revise the Zoning Ordinance to ensure compliance with the enacted regulations. Staff is
recommending an amendment to various chapters of the Zoning Ordinance (see attached Ordinance,
Attachment 2) to allow the establishment of emergency shelters and transitional housing in Dublin
through the Conditional Use Permit process with the Planning Commission as the approving body. In
permitting this form of short-term and temporary housing through the Conditional Use Permit process, the
Planning Commission will use their discretion in the evaluation and review of locations considered for
such facilities and uses to determine if the proposed location is suitable for the use.
Modifications to Chapter 8.20, Residential Zoning ~istricts; Chapter 8.24, Commercial Zoning Districts;
Chapter 8.28, Industrial Zoning Districts; Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And
Permitted Uses Of Land; and, Chapter 8.64, Home Occupations are proposed with the subject amendment
contained in the Ordinance in Attachment 2 to implement California State Government Code Section
2
65863(a), discussed above, and the directives of the Housing Element, Policy Goal F, Policy 1, and
Program F.l.l.
Emergency Shelters in Commercial and Industrial Districts
Pursuant to the directives in the Housing Element of the Dublin General Plan, the Land Use Matrix in
Chapter 8.12, Zoning Districts and Permitted Use Of Land, Section 8.12.050, Permitted and Conditionally
Permitted Land Uses, has been revised to add emergency shelters as a conditionally permitted land use in
all Commercial and Industrial Zoning Districts, and in certain commercial and industrial Planned
Development Districts. The process of reviewing and approving emergency shelters will require a
discretionary permit in the form of a conditional use permit, which will be subject to evaluation by the
Planning Commission. If the proposal meets the development and performance standards added to the
zoning district provisions as Section 8.24.040B, included in the Ordinance in Attachment 2, the Planning
Commission may determine that the permit can be granted for operation of the facility. These
development and performance standards are discussed in the corresponding section below.
An emergency shelter is a temporary, short-term type of housing for homeless families or individuals that
provides housing for a month or less while the family or individual finds a more permanent housing
arrangement. It may also be permitted with a conditional use permit in conjunction with a public or civic
type use such as a church or another facility operated by a non-profit organization. Chapter 8.08,
Definitions, of the Zoning Ordinance is proposed to be amended to add the definition of emergency
shelters for consistency with the Land Use Matrix in Chapter 8.12, Zoning Districts and Permitted Use of
Land, Section 8.12.050, Permitted and Conditionally Permitted Land Uses. An emergency shelter is
defined in the Ordinance amendment in Attachment 2 as:
EmerJ!encv Shelter. The term Emerffencv Shelter shall mean a housinff facility maintained to
provide a temporary. short-term residence for homeless individuals or families offerinz limited
supplemental services for the homeless population year-round. provided no facility is used for
more than a month at a time bv any individual or family. An Emerffencv Shelter may be accessory
to a public or civic type use. Emergencv Shelters are conditionally permitted in all Commercial
and Industrial Zoning Districts, and certain commercial or industrial Planned Development
districts. and sub;ect to the approval of the Planninff Commission and the applicable development
and performance standards in Section 8.24.040B and 8.20.070B.
Transitional Housing in Residential Districts
Pursuant to the directives in the Housing Element of the Dublin General Plan, the Land Use Matrix in
Chapter 8.12, Zoning Districts and Permitted Use Of Land, Section 8.12.050, Permitted and Conditionally
Permitted Land Uses, has been revised to add transitional housing as a conditionally permitted land use in
medium- and high-density residential districts, or R-2 Two Family Residential Zoning Districts and R-M
Multi-Family Residential Zoning Districts. Transitional housing may also be located in certain residential
Planned Development Districts that are of a medium or high General Plan density if it is determined to be
an appropriate location for the use. As with an emergency shelter, the process of reviewing and approving
transitional housing will require a conditional use permit subject to evaluation by the Planning
Commission. If the proposal meets the development and performance standards added to the zoning
district provisions as Section 8.24.040B, included in the Ordinance in Attachment 2, the Planning
Commission may determine that the permit can be granted for construction and operation of the facility.
These development and performance standards are discussed in the corresponding section below.
Transitional housing is a short-term type of housing for homeless families or individuals that provides
3
housing for an extended period of time, usually six months or longer, which also offers other social
services and counseling to assist residents to achieve self-sufficiency through finding permanent housing
and jobs or means of income. In general, the transitional housing provides a facility with apartments or
another form of shared housing. Transitional Housing may also be accessory to a public or civic type use
such as a church, social service agency or other facility operated by a non-profit organization. Chapter
8.08, Definitions, of the Zoning Ordinance is proposed to be amended to add the definition of transitional
housing for consistency with the Land Use Matrix in Chapter 8.12, Zoning Districts and Permitted Use of
Land, Section 8.12.050, Permitted and Conditionally Permitted Land Uses. Transitional Housing is
defined in the Ordinance amendment in Attachment 2 as:
Transitional Housing. Transitional Housinz or transitional housinz unit shall mean a housing
facility maintained to provide a residence for homeless individuals or families for an extended
period of time. usually six months or longer, which also offers other social services and
counseling to assist residents in achievinf! self-su(tìciencv. Transitional Housing may be accessory
to a public or civic type use. Transitional Housinf! is conditionally permitted in Residential Zoning
Districts of Medium or High General Plan density. and certain residential Planned Development
districts, and sub;ect to the approval of the Planninf! Commission and the criteria and
performance standards in Section 8.20. 40B.
Development and Performance Standards
During the development of the Housing Element for the General Plan, the Housing Task Force working
with Staff established the basis for development and performance standards to assist in the evaluation of
emergency shelter and transitional housing projects to be used the granting of conditional use permits.
Additionally, the standards would assist shelter providers to better understand the requirements and
criteria used to permit their projects. Clear standards were also determined to be needed to make the
decision-making more objective and to reduce community concerns related to the establishment of such
projects in the City.
In Program F .1.1, the Housing Element of the General Plan specified development standards and
criteria/performance standards for the review of conditional use permits for emergency shelters and
transitional housing to be included in the future Zoning Ordinance amendment (see Attachment 3, Excerpt
from Housing Element). For consistency with the City's General Plan and the Housing Element, 10
development and performance standards have been included in the Ordinance amendment in Attachment 2
to ensure that these shelters will be highly accessible from public transportation, supportive and
commercial services, and jobs skill training and jobs, but also of low visibility to community for
compatibility with surrounding land uses. Other standards that shelters must comply with and are
included in the amendment are related to external lighting and noise, provision of security measures,
provision of transportation to and from the facility for residents, and compliance and maintenance of any
county or state licenses required and also health and safety standards. The development and performance
standards are included in the Ordinance amendment as Section 8.24.40B for emergency shelters in the
Commercial and Industrial Zoning Districts, and as Section 8.20.40B for transitional housing projects.
Based on the proposed standards in the Ordinance amendment, the Planning Commission will be able to
determine if a conditional use permit should be granted for the shelter at a particular location. If all the
above requirements are met and the proposed project meets and conforms to the Conditions of Approval
for the specific use permit, the project may apply for a building permit to construct the project.
4
Home Occupation Regulations Modifications
The amendment to the Zoning Ordinance in Attachment 2 also addresses an addition to Chapter 8.64,
Home Occupation Regulations. Staff included a provision in the regulations as Section 8.64.030 to
prevent persons residing in the emergency shelter or transitional housing from obtaining a home
occupation permit to carry on a business while residing at a shelter. The addition to the Ordinance text is
as follows:
F. Emergency Shelters and Transitional Housing. No Home Occupations of any nature
shall be permitted to operate in an established Emergency Shelter or Transitional Housing
unit.
The purpose of the home occupation regulations in the Zoning Ordinance is to allow "Home Occupations
for the gainful employment of the occupant of a dwelling in a limited commercial activity, with such
employment activity being incidental and subordinate to the residential use of the property" (Zoning
Ordinance, Section 8.60.010, Purpose, Chapter 8.64 Home Occupation Regulations). The use of the
property would primarily be a shelter for homeless persons. Additionally, the intent of the regulations is
stated in the same section as "to ensure that Home Occupations are compatible with, and do not change
the character of the surrounding residential area by generating more traffic, noise, odors, visual impacts, or
storage of materials than would normally be expected in a residential zoning district." The control of a
home occupation business at a shelter would be difficult and the burden to ensure compatibility with
surrounding uses would be the responsibility of the operator. This factor and that the shelter would not be
a permanent residence for the holder of the permit lead Staff to the conclusion that home occupations
should be prohibited from operating from emergency shelters and transitional housing.
ENVIRONMENTAL REVIEW
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive
Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts
And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial
Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home Occupations is
exempt from the California Environmental Quality Act (CEQA). Various changes to the Municipal Code
listed above would also not create environmental impacts. These changes are also exempt from CEQA
because it can be seen with certainty that there is no possibility that such amendments would have a
significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)).
Additionally, at the same time the Housing Element of the General Plan was adopted by the City Council
on June 3, 2003 with Resolution No. 113-03, Resolution No. 112-03 was adopted approving a Negative
Declaration for the element. As the Housing Element established the policy and implementation for the
Ordinance amendments being considered, the CEQA review for the element serves as the environmental
review for this project (CEQA Guidelines, Section 15062(c)). The Ordinance amendments do not pertain
to any particular site or parcel of land in the City and are consistent with the Housing Element of the
General Plan and all applicable Specific Plans. When an actual proposal is submitted for the development
of a specific site as a homeless facility, environmental review and analysis of the specific development for
granting of a Conditional Use Permit in accordance with CEQA Guidelines will be performed.
CONCLUSION
To implement the provision of the State Planning and Zoning Law related to providing its share of
housing for the local homeless population, and to implement the related General Plan Housing Element
5
goal and policy, the City of Dublin must revise the Zoning Ordinance to ensure compliance. Staff is
recommending an amendment to various chapters of the Zoning Ordinance to allow the establishment of
emergency shelters and transitional housing in Dublin through the Conditional Use Permit process with
the Planning Commission as the approving body. Definitions, development and performance standards,
and other guidelines and provisions have been include in the amendment to assist in the evaluation of
emergency shelter and transitional housing projects for the granting of Conditional Use Permits. With
incorporation of the amendment (Attachment 2) in the Zoning Ordinance, Dublin will be better able to
provide its share of local housing for the residents of the City.
RECOMMENDATION
Staff recommends that the Planning Commission: 1) Open the public hearing and receive Staff presentation;
2) Take testimony from the public; 3) Question Staff and the public; 4) Close the public hearing and
deliberate; and, 5) Adopt the Resolution (Attachment 1) recommending that the City Council adopt the
Ordinance (Attachment 2) to amend the Dublin Municipal Code related to emergency shelters and
transitional housing.
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GENERAL INFORMATION
APPLICANT:
LOCATION:
ASSESSOR PARCELS:
GENERAL PLAN/
SPECIFIC PLAN
DESIGNATION:
EXISTING ZONING:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Citywide
Various
Medium High Density Residential & High Density Residential
Retail/Commercial, Retail/Commercial & Automotive, Campus Office,
Neighborhood Commercial, & General Commercial/Campus Office
Industrial Park, Business ParklIndustrial, Business ParklIndustrial & Outdoor
Storage, & Industrial Park/Campus Office
R-2 Two Family Residential & R-M Multi-Family Residential
C-O Commercial Office, C-N Neighborhood Commercial, C-l Retail
Commercial & C-2 General Commercial
M-P Industrial Park, M-l Light Industrial, & M-2 Heavy Industrial
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RESOLUTION NO. 04-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF P A 04-029, AMENDMENTS TO THE
DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) CHAPTER 8.08, DEFINITIONS;
CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.20,
RESIDENTIAL ZONING DISTRICTS; CHAPTER 8.24, COMMERCIAL ZONING DISTRICTS;
CHAPTER 8.28, INDUSTRIAL ZONING DISTRICTS; AND, CHAPTER 8.64, HOME
OCCUPATIONS (ZONING ORDINANCE) RELATED TO EMERGENCY SHELTERS AND
TRANSITIONAL HOUSING, P A 04-029
WHEREAS, the comprehensive revision to Title 8 ofthe Dublin Municipal Code (Zoning
Ordinance) (Ord. 20-97) was adopted by the City Council on September 2, 1997; and
WHEREAS, amendments to the Zoning Ordinance have been adopted since 1997 in order to
effectively regulate development within the City; and
WHEREAS, Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And Permitted Uses Of
Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial Zoning Districts; Chapter
8.28, Industrial Zoning Districts; and, Chapter 8.64, Home Occupations, must be revised to clarify and
improve the Zoning Ordinance related to permitting emergency shelters and transitional housing in the
City of Dublin with a conditional use permit to provide shelter for the homeless; and
WHEREAS, on August 18, 1997, the City Council adopted Resolution 103-97 findingi:hat the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home
Occupations, of the Municipal Code is exempt from the California Environmental Quality Act (CEQA).
The various modifications to the Municipal Code listed above would also not create environmental
impacts because it can be seen with certainty that there is no possibility that such amendments would have
a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)), and the amendment is in
compliance with the General Plan and all Specific Plans adopted by the City of Dublin. Additionally, at
the same time the Housing Element of the General Plan was adopted by the City Council on June 3, 2003
with Resolution No. I 13-03, Resolution No. 112-03 was adopted approving a Negative Declaration for
the element. As the Housing Element established the policy and implementation for the ordinance
amendments being considered, the CEQA review for the element serves as the environmental review for
this project (CEQA Guidelines, Section 15062(c)). The zoning text amendment does not pertain to any
particular site or parcel of land in the City, but establishes only development standards and criteria for the
permitting of emergency shelters and transitional housing. When a proposal is submitted for development
of a specific site, environmental review and analysis in accordance with CEQA Guidelines of the specific
development requesting a conditional use permit will be performed. The modifications in Attachment 2
to the Staff report are exempt from CEQA; and
WHEREAS, the Planning Commission held a public hearing on said amendments to the Dublin
ATTACHMENT 1
Municipal Code (Zoning Ordinance) on September 14,2004, for which proper notice was given in
accordance with California State Law; and
WHEREAS, the ordinance is intended to comply with the requirements of California State
Government Code Section 65863(a), Article 2, Planning and Zoning Law, regarding the provision and
regulation of emergency shelters and transitional housing, and Policy Goal F, Policy 1, and Program F.l.l
of the Housing Element (1999-2006) of the Dublin General Plan, related to the implementation of
emergency shelters and transitional housing for the homeless population in the City of Dublin. The
ordinance regulates the use and development of emergency shelters and transitional housing for homeless
persons in Dublin, and other matters in accordance with the statute; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on September 14,2004, and did recommend Ordinance 04-XX to the City Council for approval of the
amendments to Title 8 (Zoning Ordinance) of the Municipal Code as stated in the Ordinance; and
WHEREAS, the Planning Commission at its September 14, 2004, meeting did hear and use its
independent judgment and consider all said reports, recommendations, and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission does
hereby find that, the amendments to Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And
Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial Zoning
Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home Occupations, of the Dublin
Municipal Code (Zoning Ordinance) do not represent changes that may have a significant effect on the
environment (CEQA, Section 15061(b)(3)); the amendments are consistent with the General Plan and all
applicable Specific Plans; and, recommends that the City Council amend said chapters of the Dublin
Municipal Code (Zoning Ordinance) in accordance with the Ordinance in Attachment 2 of the Staff
Report for PA 04-029.
PASSED, APPROVED AND ADOPTED this 14th day of September 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
2
ORDINANCE NO. 04-
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND
PERMITTED USES OF LAND; CHAPTER 8.20, RESIDENTIAL ZONING DISTRICTS;
CHAPTER 8.24, COMMERCIAL ZONING DISTRICTS; CHAPTER 8.28, INDUSTRIAL
ZONING DISTRICTS; AND, CHAPTER 8.64, HOME OCCUPATIONS, OF THE MUNICIPAL
CODE (ZONING ORDINANCE) TO REGULATE EMERGENCY SHELTERS AND
TRANSITIONAL HOUSING, P A 04-029
WHEREAS, the City of Dublin has determined that the Definitions of the Dublin Municipal Code
(Chapter 8.08); Zoning Districts And Permitted Uses Of Land of the Dublin Municipal Code (Chapter
8.12); Home Occupations (Chapter 8.64) of the Dublin Municipal Code; Residential Zoning District
(Chapter 8.20) of the Dublin Municipal Code; Commercial Zoning Districts (Chapter 8.24) of the Dublin
Municipal Code; and, Industrial Zoning Districts (Chapter 8.28) of the Dublin Municipal Code, must be
revised to more effectively regulate development within the City related to emergency shelters and
transitional housing; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts; Chapter 8.24,
Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64, Home
Occupations, of the Municipal Code is exempt from the California Environmental Quality Act (CEQA).
The various modifications to the Municipal Code listed above would also not create environmental
impacts because it can be seen with certainty that there is no possibility that such amendments would have
a significant effect on the environment (CEQA Guidelines, Section 15061 (b)(3)), and the amendment is in
compliance with [he General Plan and all Specific Pla!1s adopted by the City of Dublin. Additionally, at
the same time the Housing Element of the General Plan was adopted by the City Council on June 3, 2003
with Resolution No. 113-03, Resolution No. 112-03 was adopted approving a Negative Declaration for
the element. As the Housing Element established the policy and implementation for the ordinance
amendments being considered, the CEQA review for the element serves as the environmental review for
this project (CEQA Guidelines, Section 15062(c)). The ordinance amendments do not pertain to any
particular site or parcel of land in the City but establishes only development standards and criteria for the
permitting of emergency shelters and transitional housing which are consistent with the Housing Element
of the General Plan and all applicable Specific Plans. When an actual proposal is submitted for the
development of a specific site as a homeless facility, environmental review and analysis of the specific
development for granting of a conditional use permit in accordance with CEQA Guidelines will be
performed.
WHEREAS, the ordinance is intended to comply with the requirements of California State
Government Code Section 65863(a), Article 2, Planning and Zoning Law, regarding the provision and
regulation of emergency shelters and transitional housing, and Policy Goal F, Policy 1, and Program F .1.1
of the Housing Element (1999-2006) of the Dublin General Plan, related to the implementation of
emergency shelters and transitional housing for the homeless population in the City of Dublin. The
ordinance regulates the use and development of emergency shelters and transitional housing for the
homeless persons in Dublin, and other matters in accordance with the statute; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
ATTACHMENT 2
on September 14,2004, and did adopt Resolution 04-XX recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code as stated in this Ordinance; and
WHEREAS, a properly noticed public hearing was held by the Planning Commission on
September 14, 2004; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve
the Ordinance; and
WHEREAS, pursuant to section 8.120.050B of the Dublin Municipal Code, the Planning
Commission finds that the Ordinance Amendment is consistent with the goals and policies of the Dublin
General Plan, implementing Goal F, Policy 1, and Program F.1.1 of the Housing Element (1999-2006) of
the General Plan, and other relevant goals and policies of the previously adopted Specific Plans of the City
of Dublin; and
WHEREAS, the Planning Commission did hear and use its independent judgment and consider
all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council find that the proposed amendments to Chapter 8.08, Definitions;
Chapter 8.12, Zoning Districts And Permitted Uses Of Land; Chapter 8.20, Residential Zoning Districts;
Chapter 8.24, Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; and, Chapter 8.64,
Home Occupations of the Municipal Code and P A 04-029, have no possibility for a significant effect on
the environment [CEQA Guidelines, Section 15061(b)(3)]; that the proposed amendments relating to
emergency shelters and transitional housing are further exempt under CEQA Guidelines Section 15282(i);
and, that the amendment is consistent with the General Plan, any applicable Specific Plan, and the
California Municipal Code; and does, therefore, ordain as follows:
Section 1. Section 8.12.050 of the Dublin Municipal Code, entitled Permitted and Conditionally
Permitted Land Uses, Land Use Matrix, is amended to add the following two rows to the "residential
use types" and "commercial use types" tables, respectively:
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2
Transitional Housing - - C/PC C/PC - - - - - - -
COMMERCIAL USE TYPES
COMMERCIAL A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2
USE TYPE
Ememency Shelters - - - - CIPC CIPC CIPC CIPC CIPC CIPC CIPC
Section 2. Section 8.08.020 of the Dublin Municipal Code, entitled Definitions, is amended to add the following
two paragraphs in alphabetical order in the list of defined terms:
Emergencv Shelter. The term Emergency Shelter shall mean a housing facility maintained to
provide a temporary, short-term residence for homeless individuals or families offering limited
2
supplemental services for the homeless population year-round, provided no facility is used for
more than a month at a time by any individual or family. An Emergency Shelter may be accessory
to a public or civic type use. Emergency Shelters are conditionally permitted in all Commercial
and Industrial Zoning Districts, and certain commercial or industrial Planned Development
districts, and subiect to the approval of the Planning Commission and the applicable development
and performance standards in Section 8.24.040B and 8.20.070B.
Transitional Housine. Transitional Housing or transitional housing unit shall mean a housing facility
maintained to provide a residence for homeless individuals or families for an extended period of
time, usually six months or longer, which also offers other social services and counseling to assist
residents in achieving self-sufficiency. Transitional Housing may be accessory to a public or civic
type use. Transitional Housing is conditionally permitted in Residential Zoning Districts of
Medium or High General Plan density, and certain residential Planned Development districts, and
subiect to the approval of the Planning Commission and the criteria and performance standards in
Section 8.20.40B.
Section 3. Section 8.20.030, Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards, Residential Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection N:
o. Transitional Housing. For requirements for Transitional Housing, please see Section 8.20.040
of this Chapter.
Section 4. Section 8.20.40 is added to the Dublin Municipal Code to read as follows:
8.20.40
Requirements for Transitional Housine
Á. Transitional Housine Permitted with Conditional Use Permit. Transitional housing is a
conditionally permitted land use in certain residential districts and similar residential Planned
Development Districts developed at General Plan Medium and Medium-High densities. The
Planning Commission shall be the decision making body for issuance of a conditional use permit
(please see Land Use Matrix in Section 8.12.050).
B. Transitional Housinl! Development and Performance Standards. Transitional housing may be
conditionally permitted if the facility is compatible with the surrounding neighborhood and/or
businesses and meets the following development and performance standards:
1. The transitional housing has high accessibility to residents and low visibility to others.
2. The hours of operation for the transitional housing will not result in negative impacts
on other uses.
3. The generation of external lighting and noise is kept to a minimum for the location.
4. The transitional housing is located with access to transportation, supportive services,
and commercial services to meet daily needs of residents.
5. The transitional housing is designed to provide adequate security measures to protect
users and the surrounding neighborhood.
6. The transitional housing design and location reflects the needs of the clients being
served.
3
7. The transitional housing provides transportation of individuals to and from proposed
facilities.
8. The transitional housing is in compliance with County and State health and safety
requirements for food, medical and other supportive services provided on-site.
9. The transitional housing operation and management is in and maintains in good
standing all County and/or State licenses, if required by these agencies for the
owner(s), operator(s), and/or staff of the proposed facility.
10. The transitional housing is developed in accordance with the Development
Regulations in Chapter 8.36 for the Zoning District and all applicable regulations and
standards of the City of Dublin Zoning Ordinance.
Section 5. Section 8.24.070, Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards, Commercial Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection N:
P. Emereencv Shelters. For requirements for Emergency Shelters, please see Section 8.24.040
of this Chapter.
Section 6. Section 8.24.040, Requirements for Emergency Shelter Projects, is added to the Dublin
Municipal Code as follows:
8.24.040 Requirements for Emereencv Shelter Proiects
A. Emereencv Shelter Permitted with Conditional Use Permit. An Emergency Shelter is a
conditionally permitted land use in all commercial districts and similar commercial Planned
Development Districts. An Emergency Shelter may be accessory to a public or civic tyPe use. The
Planning Commission shall be the decisionmaking body for issuance of a conditional use permit
(please see Land Use Matrix in Section 8.12.050).
B. Emereencv Shelter Development and Performance Standards. An Emergency Shelter may be
conditionally permitted if the facility meets the requirements of Chapter 8.100 and meets the
following development and performance standards:
a. The emergency shelter has high accessibility to facility residents and low visibility to
others.
b. The hours of operation for the emergency shelter will not result in negatiye impacts on
other uses.
c. The generation of extemallighting and noise is kept to a minimum for the location.
d. The emergency shelter is located with access to transportation, supportive services, and
commercial services to meet daily needs of residents.
e. The emergency shelter is designed to provide adequate security measures to protect facility
residents and the surrounding neighborhood.
f. The emergency shelter design and location reflects the needs of the clients being served.
g. The emergency shelter provides transportation of individuals to and from proposed
facilities.
h. The emergency shelter is in compliance with County and State health and safety
requirements for food, medical and other supportive services provided on-site.
4
1. The emergency shelter facility is in and maintains in good standing County and/or State
licenses, if required by these agencies for the owner(s), operator(s), and/or staff of the
proposed facility.
J. The emergency shelter is developed in accordance with the Development Regulations in
Chapter 8.36 for the Zoning District and all applicable regulations and standards of the
City of Dublin Zoning Ordinance.
Section 7. Section 8.28.060, Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards, Industrial Zoning Districts, of the Municipal Code is amended to add the
following subsection following subsection J:
K. Emergency Shelters. For requirements for Emergency Shelters, please see Section
8.28.070 of this Chapter.
Section 8. Section 8.28.070, Requirements for Emergency Shelter Projects, is added to the Dublin
Municipal Code as follows:
8.28.070 Requirements for Emergency Shelter Proiects
A. Emergency Shelter Permitted with Conditional Use Permit. An Emergency Shelter is a
conditionally permitted land use in all commercial districts and similar commercial Planned
Development Districts. An Emergency Shelter may be accessory to a public or civic type use. The
Planning Commission shall be the decisionmaking body for issuance of a conditional use permit
(please see Land Use Matrix in Section 8.12.050).
B. Emergency Shelter Development and Performance Standards. An Emergency Shelter may be
conditionally permitted if the facility meets thç requirements of Chapter 8.100 and meets the
following development and performance standards:
k. The emergency shelter has high accessibility to facility residents and low visibility to
others.
I. The hours of operation for the emergency shelter will not result in negative impacts on
other uses.
m. The generation of external lighting and noise is kept to a minimum for the location.
n. The emergency shelter is located with access to transportation, supportive services, and
commercial services to meet daily needs of residents.
o. The emergency shelter is designed to provide adequate security measures to protect facility
residents and the surrounding neighborhood.
p. The emergency shelter design and location reflects the needs of the clients being served.
q. The emergency shelter provides transportation of individuals to and from proposed
facilities.
r. The emergency shelter is in compliance with County and State health and safety
requirements for food, medical and other supportive services provided on-site.
s. The emergency shelter facility is in and maintains in good standing County and/or State
licenses, if required by these agencies for the owner( s), operator( s), and/or staff of the
proposed facility.
5
t. The emergency shelter is developed in accordance with the Development Regulations in
Chapter 8.36 for the Zoning District and all applicable regulations and standards of the
City of Dublin Zoning Ordinance.
Section 9. Section 8.64.030, Home Occupations, of the Dublin Municipal Code is amended to add the
following subsection in alphabetical order:
F. Emere:encv Shelters and Transitional Housine:. No Home Occupations of any nature shall be
permitted to operate in an established Emergency Shelter or Transitional Housing unit.
PASSED, APPROVED AND ADOPTED this 14th Day of September 2004.
AYES:
NOES:
ABSENT:
ABST AIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
g:\P A#\2004\04-029\PC-ORD-9-08
6
CITY OF DUBLIN
HOUSING ELEMENT (1999-2006)
I
I
Goal F: To provide short-term shelter for individuals and families without
affordable permanent housinq
I
Policy 1 Allow emergency shelters and transitional housing for homeless
I
Program F.l.l Adopt an amendment to the Zoning Ordinance allowing emergency shelters in
commercial and industrial zoning districts and transitional housing in medium-
and high-density residential zoning districts. Emergency shelters and transitional
housing will be permitted as conditional uses under the City's existing
conditional-use permit process.
I
The City will adopt conditional use permit development standards that provide
certainty to shelter providers regarding the requirements to obtain a permit. These
standards will only address necessary building and operational issues that shelter
providers should be able to meet without great difficulty or added cost.
I
,
The City has analyzed how development standards will encourage and facilitate
the construction of emergency shelters and transitional housing for homeless, and
it is believed that by adopting these standards, the City will reduce the uncertainty
that shelter providers often face due to unclear permit requirements and
community opposition. Clear standards will also provide the Planning
Commission and City Council with a more objective basis for decision-making
and provide the public with a better understanding of City policies and
requirements with respect to such uses (with the goal of reducing community
concerns and potential opposition to these shelter alternatives).
J
,
I
Conditional-use permit development standards to be adopted by the City will
include the following requirements:
I
· Emergency shelters and transitional housing should be built with high access
and low visibility. High access is based on the 10cation of a proposed facility
in relation to public transit, public and private supportive services, and job
skills training. Low visibility is based on the exterior operation of a facility
(see proposed standards below).
,
· Emergency shelters and transitional housing should be located with access to
transportation, supportive services, and commercial services to meet daily
living needs.
I
I
· Such uses will be permitted in association with religious establishments.
I
· The design and location of the emergency shelters or transitional housing
should reflect the needs of clients being served (single adults versus women
with children, for example.)
I
To facilitate the location of emergency shelters and transitional housing, the City
will adopt criteria/performance standards to address:
J
· hours of operation;
,
38
A TT ACIiMENT <-3
·
·
·
·
II
-
.,
"'I
..,
it
1
,
,
Policy 2:
Program F.2.1
· external lighting and noise;
CITY OF DUBLIN
HOUSING ELEMENT (1999-2006)
· provision of security measures for the proper operation and management of a
proposed facility;
· measures to avoid queues of individuals outside proposed facilities;
· transportation of individuals to and from proposed facilities;
· compliance with county and state health and safety requirements for food,
medical, and other supportive services provided on-site;
· maintenance in good standing of county and/or state licenses, if required by
these agencies for the owner(s), operator(s), and/or staff of a proposed
facility; and
· similar operations and management issues.
Financing:
Implementation
Responsibility:
Time Frame:
Minor administrative cost to the City.
Community Development Department, Planning Commission,
and City Council.
Adopt zoning amendment by June 2004.
Support existing emergency shelter programs in the Tri-Valley area.
Continue to fund existing emergency shelter programs in the Tri- Valley area to
house citizens in need of emergency shelter.
Financing:
Implementation
Responsibility:
Time Frame:
CDBG
Community Development Department, Planning COmmission,
and City Council.
The City ofDubJin has contributed $43,736 in CDBG funds
to the Tri VaHey Haven's Homeless Shelter. The City has
agreed to provide funding during a ten-year period
commencing with CDBG funds for the 2002- 2003 fiscal
year.
39