HomeMy WebLinkAboutMINUTES - 11042014 - D.4RECOMMENDATION(S):
A. OPEN the public hearing on the project;
B. RECEIVE testimony and CLOSE the public hearing;
C. ADOPT the Negative Declaration dated June 7, 2012, finding it to be adequate and complete, finding that it has
been prepared in compliance with the provisions of the California Environmental Quality Act (CEQA) and State and
County Guidelines, and finding that it reflects the County's independent judgment and analysis; and specifying that
the Department of Conservation and Development, located at 30 Muir Road, Martinez, California is the custodian of
the documents and other material which constitute the record of proceedings upon which the decision is based;
D. ACCEPT the County Planning Commission Resolution No. 11-2014 reporting on the Commission's review and
actions on this project;
E. FIND that the proposed Emergency Shelter and Single Room Occupancy Facilities Ordinance (Ordinance No.
2014-11) is consistent with the County General Plan;
F. ADOPT proposed County Ordinance No. 2014-11, Emergency Shelters and Single Room Occupancy Facilities;
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/04/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Ruben Hernandez,
674-7785
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: November 4, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.4
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:November 4, 2014
Contra
Costa
County
Subject:Hearing on County Initiated Zoning Text Amendment for Emergency Shelters and Single Room Occupancy (SRO)
Facilities
RECOMMENDATION(S): (CONT'D)
G. DIRECT the Department of Conservation and Development ("Department") staff to file a Notice of
Determination with the County Clerk.
FISCAL IMPACT:
None. The staff cost associated with the preparation of the Emergency Shelters and Single Room Occupancy
Ordinance was paid for with a Department unfunded mandate.
BACKGROUND:
I. SUMMARY
The proposed zoning text amendments are being presented to the Board of Supervisors in accordance with
objectives identified in the 2009 Housing Element Update which was adopted by the Board on July 21, 2009. The
2009 Housing Element Update was prepared by the Department of Conservation and Development in accordance
with the requirements of Senate Bill 2 (2007), or SB2.
SB2 specifically requires that all local jurisdictions “…identify a zone or zones where emergency shelters are
allowed as a permitted use without a conditional use or other discretionary permit.”
In order to address the emergency shelter requirement of SB2, the Housing Element identifies, as an objective in
the Five-Year Housing Plan, updating the County Zoning Code to identify a zoning district where emergency
shelters would be permitted by right. The 2009 Housing Element Update identified the General Commercial (C)
zoning district as the most appropriate zoning district in which to allow emergency shelters by right.
In addition to requiring that jurisdictions identify a zoning district where emergency shelters are permitted by
right, SB2 also required housing elements to identify adequate sites for a variety of housing types, including
single-room occupancy (SRO) units. Therefore, the 2009 Housing Element Update also identified, as an objective
in the Five-Year Plan, updating the County Zoning Code to include development standards and permit procedures
for the establishment of single-room occupancy (SRO) facilities.
State Housing Element Law and SB2
Chapter 633, Statutes of 2007 (SB2) clarified and strengthened Housing Element Law (Government Code
Section 65583) to ensure local zoning encourages and facilitates the establishment of emergency shelters
and limits the denial of emergency shelters and transitional and supportive housing under the Housing
Accountability Act. In order to accomplish the housing goals of SB2, the law required that all local
jurisdictions prepare an updated Housing Element and “Housing Plan” in conformance with the new
provisions of SB2. In response, the Department of Conservation and Development prepared the 2009
Housing Element Update, which was considered by the Planning Commission on June 23, 2009, and
adopted by the Board of Supervisors on July 21, 2009.
2009 Housing Element Update
The adopted 2009 Housing Element Update incorporated all of the required housing information, policies
and objectives as required by SB2. After adoption by the Board of Supervisors, the County’s 2009 Housing
Element Update was submitted to the California Department of Housing and Community Development
(HCD) for approval. In a letter dated March 2, 2010, HCD informed Contra Costa County that that the 2009
Housing Element Update, as adopted by the Board of Supervisors, was in full compliance with State
housing element law.
The Housing Plan Section (Section 6.6) identified the County’s “Five-Year Housing Plan”, which includes
specific objectives to be implemented during the current 5-year housing element cycle. In the area of
Special Needs Housing the program objectives include revising the County Zoning code to identify a zone
where emergency shelters are allowed by right. Additional objectives of the Housing Plan include amending
the County Zoning Code to include development procedures to encourage and facilitate the development of
Single Room Occupancy (SRO) facilities.
Approaches Used by Other Jurisdictions
Prior to preparing the proposed ordinance, staff researched how other jurisdictions, both inside and outside
the County, addressed the emergency shelter and single room occupancy facility requirements of SB2.
Of the 19 Cities within Contra Costa County, 17 have adopted emergency shelter ordinances in response to
SB2. The type of zoning district in which each city determined it appropriate to allow emergency shelters
varied significantly. Some jurisdictions adopted ordinances that were very open to emergency shelters,
permitting them in a wide range of zoning districts, including single family residential districts. Other
jurisdictions adopted extremely restrictive ordinances, permitting emergency shelters within obscure zoning
districts severely limiting the placement of emergency shelters within their jurisdiction. All of the adopted
emergency shelter ordinances included development and operational standards. In terms of single-room
occupancy (SRO) facilities, very few jurisdictions within Contra Costa County have adopted single-room
occupancy ordinances, so staff looked to other jurisdictions within the State for examples of SRO
ordinances.
II. PROPOSED TEXT AMENDMENTS
The proposed Emergency Shelter and Single Room Occupancy (SRO) Facilities Ordinance is modeled after other
ordinances adopted by jurisdictions throughout the state. The zoning text amendments include new ordinance
code sections for emergency shelters and single-room occupancy facilities and provide development and
operational standards for both uses as well as identify the zoning districts in which the uses can be established by
right. The amendments will also include providing definitions for each of the uses.
The zoning text amendments as they relate to emergency shelters and single-room occupancy (SRO) facilities are
summarized below. A copy of the Emergency Shelters and Single Room Occupancy Facilities Ordinance is
attached to the Board order for review.
Emergency Shelter Text Amendments
In accordance with state law, the proposed zoning text amendment (Ordinance No. 2014-11) identifies the General
Commercial (C) zoning district as the designated zoning district where emergency shelters will be permitted by
right. The ordinance also includes a definition for emergency shelters and an “Emergency Shelters” ordinance
(Chapter 82-46) which identifies the application process for establishment of emergency shelters, in addition to
development standards and operational standards for emergency shelters.
Single Room Occupancy (SRO) Facilities Text Amendments
The proposed zoning text amendment also address the establishment of single room occupancy (SRO) facilities,
and identifies the Retail Business (R-B) and Planned Unit District (P-1) zoning districts as the zoning district
where a SRO is permitted by right. The proposed ordinance also provides for a definition of “single room
occupancy facilities” and includes a “Single Room Occupancy (SRO) Facilities” ordinance (Chapter 82-48)
which identifies the application process, development standards and operational standards for establishment for
single room occupancy facilities.
III. PLANNING COMMISSION HEARING
On October 14, 2014, a hearing was held before the County Planning Commission on the proposed emergency
shelters and single room occupancy facilities zoning text amendments. No public comments were submitted and
the Planning Commission adopted staff's recommendation which included a recommendation that the Board of
Supervisors adopt the negative declaration prepared for the zoning text amendment and adopt the proposed
emergency shelters and single room occupancy ordinance.
IV. AGENCY COMMENTS
Department of Housing and Community Development (HCD): Prior to presenting the Draft Emergency Shelter
and Single-Room Occupancy Ordinance to the Planning Commission for review, a copy of the draft ordinance
was sent to HCD for comment. In response, HCD provided input on the Draft Ordinance. According to HCD,
placing certain development restrictions on emergency shelters, such as distance requirements from other uses
such as schools or residences, is not consistent with statute. HCD has indicated that although certain operational
standards may be placed on emergency shelters, location restrictions specific to emergency shelters is not allowed.
In response the Draft Ordinance was modified and a requirement that emergency shelters be located at least
300-feet away from K-12 public or private schools was removed from the draft ordinance.
V. STAFF DISCUSSION
Adoption of the Draft Emergency Shelter and Single Room Occupancy Facility Ordinance will bring the County
Zoning Code into conformance with the Housing Element and into conformance with State Housing Element Law
as amended with the passing of SB2 in 2007.
Adoption of the proposed zoning text amendments will not automatically result in the establishment of emergency
homeless shelters or single room occupancy facilities in the areas where they are permitted, but will facilitate the
establishment of such uses in those areas if the need were to arise. The intent of SB2 was to ensure that local
jurisdictions could not disapprove projects that provide specific housing needs for a target population such as the
homeless or very-low income persons. Adoption of the draft ordinance will bring the County zoning code into
conformance with current State Housing Law.
According to the 2009 Housing Element Update, there are a total of 10 Emergency Shelters located in Contra
Costa County all of which are located within city limits except for Mt. View House in the Martinez area. The
existing homeless shelters provide a total of 530 year round beds to a variety of homeless target populations.
Based on an analysis of the areas to be affected by the adoption of the draft ordinance, staff has determined that
there would be sufficient opportunity for the establishment of emergency shelters and single-room occupancy
facilities within the unincorporated areas of Contra Costa County.
VI. CONCLUSION
Adoption of the emergency shelters and single room occupancy ordinance will bring the County Zoning Code into
conformance with the relevant Five-Year Objectives of the County’s 2009 Housing Element Update. Adoption of
the ordinance will also ensure that the County’s zoning code is consistent with the provisions of State Housing
Element Law, as modified with the passing SB2 by the State legislature in 2007.
Adoption of the proposed ordinance will facilitate the establishment of emergency shelters and single room
occupancy facilities within the unincorporated areas of the County and would help address the housing needs of
the County’s homeless population. The new ordinance will also ensure that the facilities are designed and
operated in a safe and orderly manner.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed emergency shelters and single room occupancy facilities ordinance is not adopted by the County
by the end of the year the following could occur:
County would become ineligible to receive Measure J Contra Costa Co. ½ Cent Transportation Sales Tax,
Local Street Maintenance and Improvement Funds (“Return To Source”)(County receives approx. $2
million annually in Measure J “Return To Source” Funds used for maintaining and improving roadways
countywide);
the County would become ineligible to receive certain State transportation and infrastructure funding grants;
the County would be vulnerable to lawsuits from developers and housing advocates for not complying with
State Housing Element Law;
the County would be required to carryover unfilled Regional Housing Needs Allocation (RHNA) (4TH
Cycle) to the next (5th Cycle) Housing Element planning period.
CHILDREN'S IMPACT STATEMENT:
Adoption of the Emergency Shelters and Single Room Occupancy Facilities Ordinance could potentially provide
emergency housing for families with children which further supports children’s impact indicator #4; Families are
Safe, Stable and Nurturing.
CLERK'S ADDENDUM
CLOSED the hearing; ADOPTED the Negative Declaration dated June 7, 2012, finding it to be adequate and
complete, finding that it has been prepared in compliance with the provisions of the California Environmental
Quality Act (CEQA) and State and County Guidelines, and finding that it reflects the County's independent
judgment and analysis; and specifying that the Department of Conservation and Development, located at 30
Muir Road, Martinez, California is the custodian of the documents and other material which constitute the
record of proceedings upon which the decision is based; ACCEPTED the County Planning Commission
Resolution No. 11-2014 reporting on the Commission's review and actions on this project; FOUND that the
proposed Emergency Shelter and Single Room Occupancy Facilities Ordinance (Ordinance No. 2014-11) is
consistent with the County General Plan; ADOPTED proposed County Ordinance No. 2014-11, Emergency
Shelters and Single Room Occupancy Facilities; DIRECTED the Department of Conservation and
Development ("Department") staff to file a Notice of Determination with the County Clerk.
ATTACHMENTS
ZT09-0004 CPC Resolution
Ordinance No. 2014-11
ZT09-0004 CPC Staff Report
ZT09-0004 Initial Study