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HomeMy WebLinkAboutItem 6.3 EmergShelterHousingReg CITY CLERK File # DaJ[S][O]-[2][O] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 5, 2004 SUBJECT: ATTACHMENTS: 1. RECOMMENDATION: 1. 2. 3. 4. 5. PROJECT DESCRIPTION: PUBLIC HEARING: 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, Horne Occupations Regulations ofthe Dublin Municipal Code (Zoning Ordinance) Prepared by Janet Harbin, Senior Planner 2. 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. Planning Commission Staff report and minutes of September 14, 2004. California State Government Code Section 65863(a), Article 2, Planning and Zoning Law. 3. 4. 6. Open Public Hearing and receive Staff presentation; Take testimony from the Public; Question Staff and the Public; Close Public Hearing and deliberate; Waive the Reading and Introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code related to Emergency Shelters and Transitional Housing; and, Schedule second reading ofthe Ordinance for October 19, 2004. This item consists of an amendment (see attached Ordinance, Attachment 1) to various chapters and sections ofthe Zoning 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, PA 04-029, is intended to comply with the requirements of California State Government Code Section 65863(a), Article 2, Planning and Zoning Law (see Attachment 4), which requires appropriate zoning and development standards be established in each locality to facilitate and encourage the development of a ----------------------------------------------------------------------------------------.....--.......---------------------------------------------------------- COPIES TO: In House Distribution G:IPA#\2004104-029 Emerg ShelterOrdAmndlCCSR - EmerSheltOrd.DOC lÐb~ ITEM NO. -fi:, . '3 ,\ V variety of housing types, including short-term housing such as emergency shelters and transitional housing for the homeless population. The amendment 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, the Housing Element of the Dublin General Plan (adopted by the City Council on June 3, 2003), includes Goal F, Policy 1, and Program F.1.1 (see Attachment 2) directs that the Zoning Ordinance be amended to provide for 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 housimz Policy 1 Allow emergency shelters and transitional housing for the homeless Program F .1.1. 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 of Dublin. Federal funding programs and funding sources are becoming more available to groups, agencies and private organizations to establish these facilities. The proposed 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. Planning Commission Action: The Planning Commission considered the proposed Zoning Ordinance amendment at a public hearing on September 14,2004, at which time Resolution No. 04-57 was adopted recommending the ordinance amendment contained in Attachment 1 for the City Council's approval. The Resolution was approved 4-0-1, with Commissioner King absent. In recommending the amendment, the Planning Commission suggested one modification to the text related to the standards to be used to evaluate emergency shelters and transitional housing units prior to issuance of a Conditional Use Permit. In discussions at the Planning Commission hearing, the Commission members recommended the addition of the word "profile" to the first development and performance standard listed in Section 4 and 7 (subsection B) of the amendment (see bold italicized word addition in Attachment 1). The Planning Commission determined that the "low visibility" in Standard 1 was too vague and unclear to use in evaluating an emergency shelter or transitional housing (see Attachment 3, Planning Commission minutes of September 14,2004). No parties spoke for or against the ordinance amendment at the Planning Commission hearing. ANALYSIS To implement the provision ofthe 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 policy, the City of Dublin must revise the Zoning Ordinance to ensure compliance with the enacted regulations. 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 2'1)" facilities and uses to determine ifthe proposed location is suitable for the use. Emergency Shelters in Commercial and Industrial Districts Pursuant to the directives in the Housing Element of the Dublin General Plan, the proposed ordinance amendment 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. The Planning Commission will determine whether a Conditional Use Permit can be granted for operation of the facility, subject to a determining the project's conformance with the proposed development and performance standards (see Attachment 1, Section 8.24.040[B]), discussed in more depth 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 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 emergency shelters. An emergency shelter is defined in the Ordinance amendment in Attachment 1 as: Emerllencv Shelter. The term Emer'i!encv Shelter shall mean a housim! facility maintained to vrovide a temvorarv, short-term residence for homeless individuals or families offerin'i! limUed suvvlemental services for the homeless vovulation vear-round provided no facility is used for more than a month at a time bv anv individual or familv. An Emer'i!encv Shelter mav be accessorv to a vublic or civic tyve use. Emer'i!encv Shelters are conditionallv vermUted in all Commercial and Industrial Zonin'i! Districts, and certain commercial or industrial Planned Develovment districts. and sub;ect to the avproval of the Planning Commission and the avplicable develovment 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 Zoning Ordinance would be amended to add transitional housing as a conditionally permitted land use in medium- and high- density residential 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. The Planning Commission will determine whether a Conditional Use Permit can be granted for operation ofthe facility, subject to a determining the project's conformance with the proposed development and performance standards (see Attachment 1, Section 8.24.040[B]), discussed in more depth below. Transitional housing is a short-term type of housing for homeless families or individuals that provides 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 3Þb~ 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 1 as: Transitional Housim!. Transitional Housinf! or transitional housiml 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 subject to the approval of the Planning 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 recommended development and performance standards to assist in the evaluation of emergency shelter and transitional housing projects to be used in considering Conditional Use Permits. Additionally, the standards would assist shelter providers to better understand the requirements and criteria used to evaluate 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 2, Excerpt from Housing Element). For consistency with the City's General Plan, 10 development and performance standards have been included in the proposed Ordinance amendment in Attachment 1 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 the community. ensuring compatibility with surrounding land uses. Other standards that shelters must comply with, and are included in the amendment, are related to the following issues: · External lighting and noise; · Provision of security measures; · High accessibility to residents while maintaining a low profile and visibility other residents or businesses in the neighborhood; · The hours of operation will not result in negative impacts on other uses; · Providing transportation to and from the facility for the residents; · Compliance and maintenance of any county or state licenses required; and, · Compliance with established City, County or State health and safety standards. The development and performance standards are included in the proposed Ordinance amendment as Section 8.24.40(B) for emergency shelters in the Commercial and Industrial Zoning Districts, and as Section 8.20AO(B) for transitional housing projects. Based on the proposed standards in the Ordinance amendment, the Planning Commission will 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 required conditions of approval,ethe project may apply for a building permit to construct the project. 44fjt> Home Occupation Regulations Modifications The amendment to the Zoning Ordinance in Attachment I also addresses an addition to Chapter 8.64, Horne 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. Emer1!encv Shelters and Transitional Housin1!. No Home Occupations of anv nature shall be permitted to operate in an established Emerzencv Shelter or Transitional Housinz unit. The purpose of the home occupation regulations in the Zoning Ordinance is to allow "Horne 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 Horne 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 Horne 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. In addition to this factor, and that the shelter would not be a permanent residence for the holder of the permit, Staff determined to the conclusion that home occupations should be prohibited from operating within 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 [bJ [3 J). 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 5tblp goal and policy, the City of Dublin must revise the Zoning Ordinance to ensure compliance. Staffis recommending an amendment to various chapters ofthe 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 included 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 1) in the Zoning Ordinance, Dublin will be better able to provide its share oflocal housing for the residents of the City. RECOMMENDATION Staff recommends that the City Council: 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; 5) Waive the Reading and Introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code related to emergency shelters and transitional housing; and, 6) Schedule second reading of the Ordinance for October 19,2004. 6 Dtkì , \ Of:::> 3)() 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) ofthe Dublin Municipal Code; Residential Zoning District (Chapter 8.20) ofthe Dublin Municipal Code; Commercial Zoning Districts (Chapter 8.24) ofthe 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, Horne 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 possibiUty 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. 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 ATTACHMENT 1 10 - 5-0'-+ {¡,~ ~''''o ;'lP WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on September 14,2004, and did adopt Resolution 04-59 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code as stated in this Ordinance; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Ordinance and a properly noticed public hearing was held on September 14,2004; and WHEREAS, the City Council did hold a properly noticed public hearing on this project on October 5, 2004; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the amendment to the Zoning Ordinance of the Dublin Municipal Code; and WHEREAS, pursuant to section 8.120.050B of the Dublin Municipal Code, the City Council 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) ofthe General Plan, and other relevant goals and policies of the previously adopted Specific Plans of the City of Dublin; and WHEREAS, the City Council 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 City Council finds 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 PA 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 Housinl!: - - C/PC C/PC w - - - - - - 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 Ememencv Shelters - ~ - - C/PC C/PC CIPC C/PC C/PC C/PC C/PC 2 J 30b 3 fp 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: Emere:encv Shelter. The term Emergencv Shelter shall mean a housing facility maintained to provide a temporary. short-term residence for homeless individuals or families offering limited supplemental services for the homeless population vear-round. provided no facility is used for more than a month at a time by any individual or familv. An Emergency 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 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 mav be accessory to a public or civic type use. Transitional Housing is conditionally permitted in Residential Zoning Districts of Medium or High General Plan densitv. and certain residential Planned Development districts. and subiect to the approval ofthe 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 Housine:. 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: A. 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 Housine: Development and Performance Standards. Transitional housing may be conditionally permitted ifthe 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 DroJile'visibilitv 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. 3 y.o:t 3 ~ 4. The transitional housing is located with access to transportation. supportive services. and commercial services to meet dailv needs of residents. 5. The transitional housing is designed to provide adequate securitv measures to protect users and the surrounding neighborhood. 6. The transitional housing design and location reflects the needs of the clients being served. 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 safetv 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 bv 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. Emere:ency Shelters. For requirements for Emergencv Shelters. please see Section 8.24.040 ofthis Chapter. SECTION 6. 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. Emere:encv Shelters. For requirements for Emergencv Shelters. please see Section 8.28.070 of this Chapter. SECTION 7. Section 8.28.070, Requirements for Emergency Shelter Projects, is added to the Dublin Municipal Code as follows: 8.28.070 Requirements for Emere:encv Shelter Proiects A. Emere:encv Shelter Permitted with Conditional Use Permit. An Emergencv Shelter is a conditionallv permitted land use in all commercial districts and similar commercial Planned Development Districts. An Emergencv Shelter may be accessory to a public or civic type use. The Planning Commission shall be the decisionrnaking body for issuance of a conditional use permit (please see Land Use Matrix in Section 8.12.050). B. Emere:encv Shelter Develovment 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: 1. The emergency shelter has high accessibilitv to facility residents and low orofiltÝvisibility to others. 4 5tsb 3(p 2. The hours of operation for the emergency shelter 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 emergency shelter is located with access to transportation. supportive services. and commercial services to meet daily needs of residents. 5. The emergency shelter is designed to provide adequate security measures to protect facilitv residents and the surrounding neighborhood. 6. The emergency shelter design and location reflects the needs of the clients being served. 7. The emergency shelter provides transportation of individuals to and from proposed facilities. 8. The emergency shelter is in compliance with County and State health and safety requirements for food. medical and other supportive services provided on-site. 9. The emergencv shelter facility is in and maintains in good standing Countv and/or State licenses. if required by these agencies for the owner(s). operator(s). and/or staff of the proposed facility. 10. The emergencv 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 8. Section 8.64.030, Home Occupations, of the Dublin Municipal Code is amended to add the following subsection in alphabetical order: F. Emereency Shelters and Transitional Housine:. No Home Occupations of any nature shall be permitted to operate in an established Emerllencv Shelter or Transitional Housing unit. SECTION 9. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council ofthe City of Dublin, on this . day of October 2004, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\P A#\2004\04-029\CC·ORDl 0-05 5 · · · lp trb "3 ~ 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 I Policy 1 Allow emergency shelters and transitional housing for homeless Program F.1.1 Adopt an amendment to the Zoning Ordinance al10wing 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 pennit process. I I The City wil1 adopt conditional use pennit development standards that provide certainty to shelter providers regarding the requirements to obtain a pennit. 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 I I 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 pennit 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 potentiaropposition to these shelter alternatives). Conditional-use pennit development standards to be adopted by the City will include the following requirements: I , J I I I 'I," " ; ,I · Emergency shelters and transitional housing should be built with high access and low visibility. High access is based on the location 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. · Such uses will be pennitted in association with religious establishments. · 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.) To facilitate the location of emergency shelters and transitional housing, the City will adopt criteria/perfonnance standards to address: · hours of operation; 38 ATTACH~ENT ~ ". - ~ . . II ,; ;. "Ii, " f, ' , ('<' "1" .: ¡~ , ~ ::}I II',· ;i . K,: : I" i :1. ·1" ,I , , I Ii r ----- -.". Policy 2: Program F.2.1 t'b~~ · extemallighting 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 of Dublin has contributed $43,736 in CDBG funds to the Tri Valley 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 "f ! ~' ~Øb~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: September 14,2004 · SUBJECT: A TT ACHMENTS: RECOMMENDATION: · 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 Regu~ations fthe Dublin Municipal Code (Zoning Ordinance) .. Prepared by Janet Harbin, Senior Planner \..." 1. 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. 2. 3. 1. 2. 3. 4. 5. 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 ovèr 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, Plaruúng 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 of a variety of housing types, including short-term housing such as emergency shelters and ------..---------...------------..-...-------...-----------------------------...--------...-----------------------------~-----------------_..._- · COPIES TO: In House Distribution ITEM NOo_W.3 A TT ACHMENF ô G:IPA#\2004\04-029 Emerg ShelterOrdAmndlPCSR - EmerSheltOrd.DOC 'I qao·3'h 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 .1.1 (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 housin~ Policy 1 Allow emergency shelters and transitional housing for the homeless Program F .1.1. 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 pennit. Currently, the emergency shelters and transitional housing units available to the 'homeless population in Dublin are located in Livennore and Hayward. Based on statistical data compiled at these locations, a small portion of those at the facilities are residents of Dublin. 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 Pla:nning 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. ANALYSIS 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 policy, 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 fonn 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 detennine if the proposed location is suitable for the use. Modifications to Chapter 8.20, Residential Zoning Districts; Chapter 8.24, Commercial Zoning Districts; Chapter 8.28, Industrial Zoning Districts; Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts And . Pennitted Uses Of Land; and, Chapter 8.64, Horne Occupations are proposed with the subject amendment contained in the Ordinance in Attachment 2 to implement California State Government Code Section 2 .¡ · · · f lOot) 3,10 65863(a), discussed above, and the directives ofthe Housing Element, Policy Goal F, Policy 1, and Program F .1.1. " . ',; ~ 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 "!- 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: EmerJlencv Shelter. The term Emenlencv Shelter shall mean a housing facilitv maintained to provide a temporarv. short-term residence for homeless individuals or families offering limited sUTJolemental services for the homeless population vear-round. provided no facilitv is used for more than a month at a time bv anv individual or familv. An Emergencv Shelter may be accessorv to a public or civic tvoe use. Emenæncv Shelters are conditionallv 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 aoplicable 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 \ \rt !Sit:) housing for an extended period oftime, 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 aÌnendment in Attachment.2 as: '" . Transitional Housinfl. Transitional Housinf! or transitional housinf! 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 counselinJ! to assist residents in achievim! 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 sub;ect to the approval of the Planning Commission and the criteria and performance standards in Section 8.20.40B. Development and Peiformance 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. Addition~lly, 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 extemallighting 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 f ., 1Ø}ct> ~~ · 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 0 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 Ordinancë, 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 \ ~ oÐ ð(..; goal and policy, the City of Dublin must revise the Zoning Ordinance to ensure compliance. Staffis 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 Pennit process with the Planning Commission as the approving body. Definitions, development and perfonnance standards, . and other guidelines and p~Û"visions 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 }:mblic; 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. . . 6 I ..' I yutrAø 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 Conunercial Office, C-N Neighborhood Conunercial, C-1 Retail Commercial & C-2 General Conunercial M-P Industrial Park, M-I Light Industrial, & M-2 Heavy Industrial 7 - ~ ,5 est 3(.. RESOLUTION NO. 04 - 57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF PA 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, PA 04-029 WHEREAS, the comprehensive revision to Title 8 of the 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, Horne 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 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, ofthe 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 ofthe 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 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 ~, ,,~'~ ,1. J. ~";~1 ,~. j . iii "j"- IJ),~ ',", ~. -, ,~~3Þ 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 .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 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, Horne 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: Cm. Fasulkey, Nassar, Jennings, and Machtmes NOES: ABSENT: Cm. King ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager 2 · · · r ..t 11~~~ 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 ofthe Dublin Municipal Code (Chapter 8.12); Horne 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, Horne Occupations, ofthe 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 ofthe 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 )g ~óa~ on September 14,2004, and did adopt Resolution 04-XX recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) ofthe 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.l20.050B 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 ofthe 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, Horne Occupations of the Municipal Code and PA 04-029, have no possibility for a significant effect on the environment [CEQA Guidelines, Section l5061(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 ofthe 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 CIPC - - - - - - - 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 Emenæncv Shelters - - - - C/PC C/PC C/PC C/PC CIPC C/PC C/PC 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 tenns: Emenrencv 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 . \ OJ ~3j.o supplemental services for the homeless population vear-round, provided no facility is used for more than a month at a time bv any individual or familv. An Emergency Shelter mav 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 subject to the approval of the Planning Commission and the applicable development and performance standards in Section 8.24.040B and 8.20.070B. · Transitional Housin!!:. Transitional Housing or transitional housing unit shall mean a housing facilitv 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 subject 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 Housin!!: A. Transitional Housin!!: 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 bodv for issuance of a conditional use permit (please see Land Use Matrix in Section 8.12.050). B. Transitional Housin!!: 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- 2. 3. 4. 5. · 6. The transitional housing has high accessibilitv to residents and low visibilitv to others. The hours of operation for the transitional housing will not result in negative impacts on other uses. The generation of external lighting and noise is kept to a minimum for the location. The transitional housing is located with access to transportation. supportive services. and commercial services to meet daily needs of residents. The transitional housing is designed to provide adequate security measures to protect users and the surrounding neighborhood. The transitional housing design and location reflects the needs of the clients being served. 3 æ~3~ 10. The transitional housing provides transportation of individuals to and from proposed facilities. The transitional housing is in compliance with County and State health and safety requirements for food, medical and other supportive services provided on-site. The transitional housing operation and management is in and maintains in good standing all County and/or State licenses, if required bv these agencies for the owner(s), operator(s), and/or staff of the proposed facilitv. 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. . 7. 8. 9. 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 Emereency Shelter Projects A. Emereency Shelter Permitted with Conditional Use Permit. An Emergencv Shelter is a conditionallv 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. Emereency Shelter Develoument and Performance Standards. An Emergency Shelter may be conditionally permitted ifthe facilitv meets the requirements of Chapter 8.100 and meets the following development and performance standards: a. The emergencv shelter has high accessibility to facility residents and low visibilitv to others. b. The hours of operation for the emergency shelter will not result in negative impacts on other uses. c. The generation of external lighting 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 dailv needs of residents. e. The emergency shelter is designed to provide adequate security measures to protect facilitv 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 emergencv shelter is in compliance with County and State health and safety requirements for food, medical and other supportive services provided on-site. . 4 ........ ~IGb 3~ · 1. The emergencv shelter facilitv 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 facilitv. J. The emergencv shelter is developed in accordance with the Development Regulations in Chapter 8.36 for the Zoning District and all applicable regulations and standards ofthe 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. Emere:encv 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 Emere:encv Shelter Projects A. Emere:encv Shelter Permitted with Conditional Use Permit. An Emergencv Shelter is a conditionallv 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 decisionrnaking body for issuance of a conditional use permit · (please see Land Use Matrix in Section 8.12.050). B. Emere:encv Shelter Development and Performance Standards. An Emergency Shelter may be conditionall y permitted if the facilitv meets the requirements of Chapter 8.100 and. me~ts the following development and performance standards: · k. The emergency shelter has high accessibility to facility residents and low visibility to others. 1. The hours of operation for the emergencv 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 emergencv 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 emergencv shelter provides transportation of individuals to and from proposed facilities. r. The emergency shelter is in compliance with Countv and State health and safetv 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 facilitv. 5 ~ ;(.06 3G-; t. The emergencv shelter is developed in accordance with the Development Regulations in Chapter 8.36 for the Zoning District and all applicable regulations and standards ofthe Citv of Dublin Zoning Ordinance. Section 9. Section 8.64.030, Home Occupations, ofthe Dublin Municipal Code is amended to add the following subsection in alphabetical order: F. Emereencv Shelters and Transitional Housine:. No Horne Occupations of anv 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: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager g:\P A#\2004\04-029\PC-ORD-9-08 6 · · · " .- · · · .. Goal F: Policy 1 Program F.1.1 C IT? :/t:¿::~ HOUSING ELEMENT (1999-2006) I I To provide short~term shelter for individuals and families without affordable permanent housinQ I I Allow emergency shelters and transitional housing for homeless 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, I I I I The City wil1 adopt conditional use permit development standards that provide certainty to shelter providers regarding the requirements to obtain a permit. These standards wi11 only address necessary building and operational issues that shelter providers should be able to meet without great difficulty or added cost. The City has analyzed how development standards wi1l encourage and facilitate the construction of emergency shelters and transitional housing for homeless, and it is believed that by adopting these standards, the City wi1l reduce the 1:l11certainty that shelter providers often face due to unclear pennit 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). ,I I Conditional-use permit development standards to be adopted by the City wi11 include the fol1owing requirements: · Emergency shelters and transitional housing should be built with high access and low visibility, High access is based on the location 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). , I I I······ I.. I J "' · Emergency shelters and transitional housing should be located with access to transportation, supportive services, and commercial services to meet daily living needs. · Such uses will be permitted in association with religious establishments. · 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.) To facilitate the location of emergency shelters and transitional housing, the City will adopt criteria/performance standards to address: · hours of operation; 38 '. ~.. ~ .. I II . II , 1 , ,:' ~' " I".· I ' , ~ L' :.,.... ..' ~. : ~. ~ , ;·l~ , ;,.... I' " ~jì: Ij ~' ~ ~¡ r f, ...-....~_.,.. Policy 2: Program F.2.1 .,' ;;; 400 3?ø · extemallighting 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, PlaIUring Commission, and City Council. The City of Dublin has contributed $43,736 in CDBG funds to the Tri Valley 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 2. as Ð1J ?!<p Planning Commission Minutes CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, September 14, 2004, in the Council Chambers located at 100 Civic Plaza. Chair Fasu1key called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Fasu1key, Nassar, Jermings, and Machtmes; Jeri Ram, Plarming Manager; Janet Harbin, Senior P1armer; Pierce Macdonald, Associate Plarmer; and Maria Carrasco, Recording Secretary. Absent: Cm. King ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - August 24, 2004 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS - None PUBLIC HEARINGS 8.1 P A 04-023 Appeal of Zoning Administrator Approval of Conditional Use Permit (Anthony Bryant) Request for a Minor Amendment to Planned Development District P A 95-030. The Applicant is requesting a Conditional Use Permit to allow a second-story rear yard deck that will exceed maximum lot coverage requirements of P A 95-030, and to allow an increase of maximum lot coverage of approximately 1.6%, pursuant to Section 8.32 of the Zoning Ordinance. Cm. Fasu1key opened the public hearing and asked for a staff report. Pierce Macdonald, Associate Planner, presented the staff report. She explained that the project is an appeal of the Zoning Administrator's approval for a second story, rear yard deck. The size of the deck is 8 feet deep by 11 feet wide and the height is 10 feet from grade. To construct the deck, the applicant is requesting an increase in the allowable lot coverage for the property of 1.6% for a total of 43% lot coverage. If approved, the project would increase the lot coverage of the home from lot coverage of 41.4 % to 43 % (a change of 1.6 % ). The project would increase the tota110t coverage beyond the 35 % allowed under the Zoning Ordinance and beyond the existing home's lot coverage approved in the SDR. Section 8.32.080 of the Dublin Zoning Ordinance provides the ability for the Community Development Director, by means of a Conditional Use Permit, to make minor amendments to adopted Development Plans upon the finding that the amendment substantially complies with the provisions of the Planned Development District. In evaluating the project's conformance with the Zoning Ordinance and PD requirements related to lot coverage in the past, the Planning Division has reviewed issues of design and massing of the structure; possible adverse impacts to privacy relative to the project; and, the safety of persons using the added feature. 155 Septem6er 14, 2004 P(aunill/J Commission (}?¡/Jufar ~eetinfJ ? f./J Ob 3./tf> At the August 9, 2004 public hearing, information was presented to the Zoning Administrator which evaluated the project's conformance with the Zoning Ordinance and PD requirements related to lot coverage and other impacts (the staff report is included as Attachment 3 and Minutes, as Attachment 4). The presentation reviewed the following issues: design and massing of the structure; possible adverse impacts to privacy relative to the project; and, the safety of persons using the added feahue. The Applicant spoke in support of the project and no one spoke in opposition. In addition, Staff received no comments or objections from any interested party prior to the public hearing. The Zoning Administrator found that the proposed use was compatible with adjacent land uses because, as conditioned, the deck was compatible with the architectural design of the residence and neighborhood, the deck would be constructed pursuant to the Building Division requirements, and any potential impacts to the privacy of other residents in the neighborhood had been addressed with the orientation and size of the deck and the distance of deck from adjacent homes. The required findings can be made as the proposed increase in lot coverage is 1.6% for a total of approximately 43% lot coverage; the structure will be constructed pursuant to Building Division requirements to maintain health and safety; the design of the structure is consistent with the architectural style of the home and neighborhood; and the Conditional Use Permit approval is subject to the requirements in the draft resolution. On August 13, 2004, Staff received an appeal from the Queenans at 3120 Colebrook Lane, neighbors of Mr. & Mrs. Bryant. The grounds for the appeal are that the Appellants were not fully aware of the scope of the project prior to signing off on the plans for the Homeowners Association design review process. The Appellants are concerned with privacy and that the design of the deck will have adverse impacts to aesthetics. Staff addressed these concerns at the Zoning Administrator hearing. Staff recommends that the Planning Commission adopt the resolution affirming the Zoning Administrator's decision thereby denying the appeal and approving the Conditional Use Permit. Ms. MacDonald concluded her presentation and stated the Applicant and the Appellants are both available to address the Planning Commission. Cm. Machtmes asked if the rear yards are visible from the deck. Ms. Macdonald stated yes. Cm. Machtmes asked if line-of-sight from the deck to adjacent backyard impacts the privacy of residents. Ms. Macdonald stated impacts to the interior of the homes were given a priority. The rear yards are visible from the second story of the homes. Cm. Jennings asked if there is anything that indicates the interior of the house is visible from the deck. Ms. Macdonald stated a person standing on the deck might have limited visibility into the master bedroom. Cm. Nassar asked what is considered a minor amendment. Ms. Macdonald stated that a minor amendment must be substantially consistent with the intent of the Planned Development District and the conditions of approval. Ipfanning Commission (j{f!Juwr ;;14.eeting 156 Septem6er 14, 2004 ;;21 ~3-{Ò) Cm. Machtmes asked the relative height of the bedroom window and if a person were standing on the deck would they be looking up into or directly into the window. Ms. Macdonald stated directly across and into the window. Cm. Fasu1key called for the Applicant. Anthony Bryant, Applicant, addressed the Planning Commission. He thanked the Planning Commission. They originally thought of constructing the deck in their backyard when the home was built in 1999. With eagerness, after seeing a similar deck constructed in Dublin Ranch, they obtained approval to build their deck. The initial process was to notify their neighbors and seek approval from their Homeowners Association. On November 21, 2003 they sent letters to their neighbors with confirmation from the Post Office of those letters being mailed. In addition they received notification from the Homeowners Association requiring signahlres from the adjacent homeowners stating they are aware of the project. On February 3,2004 the Homeowners Association approved their project. They did not receive any objections or any indications from their neighbors that there were any problems. After receiving approval from the HOA, they hired a struchlra1 engineer and architect for submission to the Building Department for their permit. At the Building Department approval process, they were informed by the Planning Department they would need to obtain a Conditional Use Permit. Additionally, the deck is not habitable and the ground surface below the deck will remain his backyard. He showed pichlres to the Planning Commission of the "line of sight". He also showed pichlres of the neighbor's window, which was taken from his window. He stated privacy issues already exist. The sides of the deck will to be enclosed to also help with privacy. He provided a letter from the Homeowners Association affirming their approval of the deck. He also provided pichlres of homes throughout Dublin Ranch with similar decks that had been approved by the Homeowners Association. He stated that his neighbor had put up trees to increase their privacy due to the deck. He stated that it is unfortunate that the Appellants' appeal is not just about the deck but rather an attribute of the ill will that exists among them. He stated that his wife obtained the signahlre from their neighbor making them aware of the project. He set out to inform his neighbors 8 months ago and he would have rather discussed the issues with his neighbor rather than having to bring it before the Planning Commission. He thanked the Commission and asked for their approval. Cm. Jennings asked about the room addition. Mr. Bryant stated the room is under construction. Cm. Fasulkey asked Staff if there were any new information regarding the project that has come out during discussion. Ms. Macdonald stated Staff was not aware of the existing window facing the window of the home at 3120 Colbrook Lane. Cm. Fasu1key called for the Appellant. Mr. Queenan apologized to the Planning Commission for having to go to this forum and for not attending the original hearing before the Zoning Administrator. He stated that he would like to cover three issues and why they are here. The first time they heard anything about the deck was when they received a notice that there was going to be a hearing. Mr. Bryant's wife spoke to his wife about the room addition but they were not aware of the deck. He checked with other neighbors and they were not iPú1nning Commission rJ?iguCar <;jWeetínfJ 157 Septem6er 14,2004 :;(ßOV!Þ aware of it either. He explained that the basis for appealing the deck is 1) the deck will severely infringe on their privacy; 2) the deck will negatively affect the value of their property; and 3) the deck will create an eyesore and ruin the aesthetics. He stated that the perspective of the photos shared so far has been from the ground looking up. He provided additional pictures for the Plarming Commission. He stated that 10 feet separate the properties. He stated that he leaned out of his bedroom window to replicate where the deck would be and he was able to see into their entire backyard. He stated they have three children and spend a lot of time in the backyard and wants his privacy. Cm. Fasulkey asked where the trees are placed. Mr. Queenan stated he did not plant trees for the purpose of screening the deck. He stated that what is being ignored is they like to spend a lot of time in their backyard. In the packet handed out there is a letter from a licensed real estate broker that states the deck will significantly decrease the value of their home. The last issue is the aesthetics and the contrast to the other properties. In closing, they are not opposed to the room addition and understand the need to expand but its one persons pleasure at the cost of another's privacy. He thanked the Planning Commission for their time. Cm. Machtmes asked Mr. Queenan if they participated in the architectural review process through the Homeowners Association. Mr. Queenan asked for further clarification. Cm. Machtmes stated there is a process through the HOA and there is usually a hearing. He asked Mr. Queenan if he was aware of the process and to what extent did they participate. Mr. Queenan stated they have gone through an approval themselves. The first requirement is to get the homeowner's signatures. They did sign it but did not know what they were signing. The HOA approved it. The confusion is there are tw"o projects that may have been bundled together. Cm. Machtmes explained that the HOA he is involved in there is a process where notice is sent and if anyone is interested in the hearing can attend the meeting. Angie Queenan, owner of 3120 Co1brook Lane, stated that it is proper protocol to get your neighbor's signatures but it is not necessary for approval. The HOA does not involve the neighbors and they were not notified that their request was approved. The first notification that they received was their request for the front room addition. The next notice was from the City that a hearing was scheduled. She called the HOA and they informed her that the room addition and deck had been approved. She was not aware of the deck because she did not look at the plans. She has talked to all of her neighbors and they were not aware of the deck either. She feels that they were deceived into signing off on their plans. They are not trying to be mean but do not understand the fairness. The HOA agrees with them but it is not their choice because it is legal within their requirements. Cm. Fasulkey stated the HOA could have denied the project. Mrs. Queenan stated the HOA cannot deny the project because it fits within all their requirements. Cm. Fasu1key stated that is the point. The HOA is somebody that represents the homeowners and the community interests. The issues raised are with the HOA. Cm. Nassar asked Mrs. Queenan if she would have been aware of the deck at the time of signing off on the plans, what would have been her response. Púznning CommissÙm rJ?¡gnfar ~,Meetin8 158 Septem6er 14, 2004 ~2,~,fb ~" Mrs. Queenan stated they would not have signed off on the plans. Windy Bryant, 3122 Co1brook Lane, stated they do not live on the deck and reside in the house. She stated that just as you can see in the pictures provided, they could easily see into our back yard as well. The Queenan's can enjoy the privacy of their backyard and they are not there to create havoc or problems in regards to a privacy issue. They do not plan on moving anytime soon. There may be some resentment but they hope to move forward with everything. It is not about their pleasure versus the Queenan's privacy but rather adding on to their home. Cm Fasu1key asked if anyone else wished to speak, and hearing none he closed the public hearing. Cm. Machtmes stated that he does not have any problems with the aesthetics of the deck. It is in a style that is complimentary to the house. He cannot comment on the property value issue. On the issue of privacy, there is an existing window that looks on and is not a huge difference to what already exists. It does change the dynamics and creates more of an exposure to the backyard. Cm. Jennings asked if this project would be heard before the Planning Commission if there were not an increase of 1.6% in lot coverage. Ms. Macdonald stated if there was not a lot coverage increase it would not be before the Planning Commission. Cm. Jennings stated that notices for the Zoning Administrator hearing of August 9, 2004 went out to all property owners within a 300 ft. radius as well as advertising the hearing in the newspaper and Staff did not receive any comments. She stated she is in agreement with the Zoning Administrator's recommendation. Cm. Nassar stated that he does not have an issue with the proposal. He stated that he was raised in a country where balconies were very important. He does not have an issue with approving it. Cm. Fasu1key asked for a motion. Cm. Jennings asked if the deck is already built. Ms. Macdonald responded no. Cm. Nassar asked if the design of the deck helps with the privacy. Cm. Nassar asked if it were higher would it help with screening. Ms. Macdonald stated that the sides are solid and does help with screening. They did not consider increasing the height of the deck as an option for privacy. Cm. Machtmes asked Cm. Jennings to comment on the letter that was submitted from a real estate agent claiming the deck would decrease the property value. Cm. Fasulkey explained that Cm. Jennings has been in the Real Estate industry for many years. Cm. Jennings stated the letter is just one person's opinion for that day and there is no data to support that claim. It is very difficult for a realtor to give that kind of information in such a definite manner. rpW,nning Commission (j(¡gufar Meeting 159 St'Ptem6er 14, 2004 óca:b ;~ On motion by Cm. Jennings, seconded by Cm. Nassar, by a vote 4-0-1 with Cm. King absent, the Planning Commission approved RESOLUTION NO. 04-56 A RESOLUTION OF THE PLANNING COMMISSION AFFIRMING ZONING ADMINISTRATOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO LOT COVERAGE REQUIREMENTS OF PLANNED DEVELOPMENT PA 95-030 FOR A SECOND-STORY DECK LOCATED AT 3122 COLEBROOK LANE, (ANTHONY BRYANT, P A 04-023) Ms. Ram explained the appeal process to the Applicants and the Appellants. 8.2 P A 04-035 City of Dublin General Plan and Eastern Dublin Specific Plan Amendment to Incorporate the Land Use Changes of the Parks and Recreation Master Plan, Semi- Public Facilities Policy, and Associated Text Revisions -Item Continued to September 28, 2004 Planning Commission Meeting. The Planning Commission by unanimous vote continued the item to September 28, 2004 meeting. 8.3 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) Cm. Fasulkey opened the public hearing and asked for the staff report. Janet Harbin, Senior Planner presented the staff report and explained the project. She stated that it would requires 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 Regulations of the Dublin Municipal Code (Zoning Ordinance). 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 of a variety of housing types, including short-term housing such as emergency shelters and 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. 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 policy, 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 rPMnning Commission rf?§gu14f ~tfeetin{f 160 Septem6er 14, 2004 3' 0() a.(¡ø 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. 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 be permitted with a conditional use permit in commercial and industrial zoning districts and in conjunction with a public or civic type use such as a church or another facility operated by a non-profit organization. Transitional housing may also be located in multi-family residential districts and 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 pernút 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 fanúlies or individuals that provides 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 a 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 emergency shelters 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 and Emergency Sh~lters are defined in the Ordinance amendment in AttachID.ent 2. 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 on 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. 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 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. Plåtming Commission rR,fglllßr ~\feeting 161 Septem6er 14, 2004 , 3?~.3~ Staff recommends that the Planning Commission adopt the Resolution recommending that the CitY'" Council adopt an Ordinance to amend the Dublin Municipal Code related to permitting emergency shelters and transitional housing by means of a Conditional Use Permit. Cm. Fasulkey asked if there were any questions for staff. Cm. Nassar asked if there would be public hearings for the development standards and for the locations of the shelters and housing. Ms. Harbin responded yes. Cm. Nassar asked if there are any shelters or transitional housing in the area that he could visit. Ms. Harbin stated there are facilities in Hayward and in Livermore. Cm. Jennings asked for clarification to the matrix as shown in Attachment 2. Ms. Harbin stated that it is an illustration of the existing matrix in the Zoning Ordinance. The transitional housing would be added to the residential use types and allowed in the R-2 and R-M multi family housing districts with a Conditional Use Permit. It also shows where it is allowed in the Commercial and Industrial districts. Cm. Fasu1key stated the project is a public hearing. He asked the four young individuals if they were here with a group. The group was four shIdents from Ca1-Berkeley who were enrolled in a Regional Planning class. Cm. Fasulkey closed the public hearing. Cm. Fasulkey stated he does not see anything that addresses impacts to the neighborhoods and sufficient parking and access. Cm. Jennings stated that these are homeless people; parking should not be an issue. Cm. Fasulkey asked Staff if vocational instructors would come in to help get these people back on their feet. Ms. Harbin stated usually these people go offsite for job training, but counseling would occur possibly on-site. Cm. Nassar asked if every city is required to have emergency shelter ordinance. Ms. Harbin stated that other cities should have something in their Zoning Ordinance that provides a method to establish emergency shelters or transitional housing as the State requires all cities to provide housing assistance in this area. Cm. Nassar asked if the State code is enforced. Ms. Ram stated no. When the City went through the housing element cycle, the City received from the State the recommendation to develop a mechanism to establish an emergency shelter/transitional housing provision. All communities will have one within the next five years. P{a1!1!i1lg Commission !f&gnfar :Meeting 162 Septem6er 14, 2004 Cm. Jennings asked if there is a penalty if not in compliance. -3~~b ~~ Ms. Ram explained that if the City is not in compliance with the Housing Element or does not implement the programs in the Element, it could determine whether or not they receive grant money from the State. Cm. Machtmes asked for clarification on the Emergency Shelter Development and Performance Standards section A-J and whether they were developed by Staff or are a State requirement. Ms. Harbin stated they were developed by Staff. She also reviewed such ordinances for other cities in developing the criteria. Ms. Ram stated that Ms. Harbin has a lot of experience with this project because she has worked on similar emergency shelters and transitional housing projects for other cities. Cm. Jennings asked how many homeless people have been identified in Dublin. Ms. Harbin stated that there are approximately 5-6 that have identified themselves as Dublin residents at shelters in other cities over the past year. Cm. Jennings asked if the City recommends Shepherds Gate in Livermore for women that are fleeing from their homes. Ms. Harbin stated yes; they receive a list of facilities and Shepherds Gate is on the list. Cm. Fasulkey asked if Shepherds Gate is an emergency shelter or transitional housing. Ms. Harbin stated she was not sure. Cm. Fasulkey asked if the funding for Tri-Valley Haven would cease. He also asked if there would be an increase to the Code Enforcement Officer with a homeless shelter. Ms. Harbin stated that funding would continue for the existing emergency shelter programs. Ms. Ram stated that the City of Dublin made an agreement with the City of Livermore to participate by contribution of the City's grant money over a ten-year period. It is a legal agreement. If an emergency shelter or transitional housing development was proposed, then Staff could address the impacts to other residences in the neighborhood with the Code Enforcement Officer. Cm. Machtmes stated he has a problem with the issue of visibility. It is more of an impact issue rather than visibility. He believes it will very controversial and the word visibility should be taken out and written differently. Cm. Jennings feels the wording should stay the way it is. Cm. Machtmes stated that there is the potential for a proposed facility that is visible. When evaluating the criteria for a particular project, if it does not have low visibility, therefore, the Conditional Use Permit would have to be denied. Cm. Jennings asked how it would be re-worded. IP(anninfJ C()mmisdon Œ.Jgufar ~ecting 163 Septem6er 14, 2004 Cm. Nassar suggested adding the wording "low profile." 3t4~~(.; The Planning Commission discussed the wording and agreed on "low visibility/low profile" for the emergency shelter as well as transitional housing. Cm. Fasu1key asked for a motion. On motion by Cm. Jennings, seconded by Cm. Machtmes, by a 4-0-1 with em. King absent the Planning Commission approved RESOLUTION NO. 04-57 A RESOLUTION OF THE PLANNING COMMISSION 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, PA 04-029 NEW OR UNFINISHED BUSINESS - None OTHER BUSINESS (Commission/Staff Informational Only Reports) Ms. Ram discussed term limits and stated that the Commission is not affected by term limits and could be reappointed. The Camp Parks charette follow up will take place on October 4th. The Goodwill approval was appealed but the Applicant decided to withdraw their application. Cm. Jennings asked if it is possible for an alternate Planning Commissioner to participate in the Camp Parks charette. Ms. Ram responded yes. Cm. Jennings recommended Cm. Machtmes as an alternate. The Planning Commission all agreed that Cm. Machtmes would be the alternate. The Planning Commission recognized the students in the audience from Ca1 Berkeley. Ca1 Berkeley student - Joseph commented on the efficiency of the Planning Commission meeting. He commended the Commission on allowing everyone the opportunity for their input. Joseph asked if the State passed a law requiring Cities to provide homeless shelters. Œ'fa1willg CommissioTl Œ.¡oulâr !MeetiTlg 164 Septem6er 14, 2004 :3s.o:t-"S )Þ Ms. Ram explained that each five year period the State rolls out new laws that need to be incorporated into the Housing Element. When the City applies for housing grants, the City has to meet a certain criteria to receive funds. ADJOURNMENT - The meeting was adjourned at 8:50 p.m. Respectfully submitted, Planning Commission Chairperson ATTEST: Planning Manager rp(anning Commission (/{çguMr :M.ecting 165 Stptem6er 14,2004 California State Government Code Section 65863(a), Article 2 3("¿>0(f>,Lo with a city or county general plan only if both of the following conditions are met: (1) The city or county has officially adopted such a plan. (2) The various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs specified in the plan. (b) Any resident or property owner within a city or a county, as the case may be, may bring an action or proceeding in the superior court to enforce compliance with subdivision (a). Any such action or proceeding shall be governed by Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. No action or proceeding shall be maintained pursuant to this section by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance. (c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended. (d) Notwithstanding Section 65803, this section shall apply in a charter city of 2,000,000 or more population to a zoning ordinance adopted prior to January I, 1979, which zoning ordinance shall be consistent with the general plan of the city by July 1, 1982. [Amended, Chapter 689, Statutes of 1998] 65861. Procedure without commission When there is no planning commission, the legislative body of the city or county shall do all things required 'or authorized by this chapter of the planning commission. [Amended, Chapter 686, Statutes of 1995J 65862. Hearings for inconsistency of general plan and zoning When inconsistency between the general plan and zoning aris;s as a result of adoption of or amendment to a general plan, or any element thereof, held pursuant to Section 65854 or 65856 for the purpose of bringing zoning into consistency with the general plan, as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof. However, the hearing on the general plan amendment may, at the discretion of the local agency, be concluded prior to any consideration of adoption of a zoning change. It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications. Regional housing needs: Local share Each city, county, or city and county shall ensure that its inventory or programs of adequate sites pursuant to paragraph (3) of subdivision (a) of Section 65583 and paragraph (1) of subdivision (c) of Section 65583 can accommodate its share of the regional housing need pursuant to Section 65584, throughout the planning period. . ;~ TI ACliMENT 4