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Home My WebLink AboutOrdinance - 2438 - Amend Title 18 . . . SUMMARY OF CITY OF REDDING ORDINANCE NO. 2438 The following is a Summary Report of the City of Redding's Ordinance No. 2438, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18, by repealing, adding, or amending various sections as noted below. The proposed ordinance was introduced and read by the Redding City Council on August 18, 2009, will be considered for adoption at its next regular meeting. SUMMARY BY CODE SECTION ZONING CODE ADMINISTRATIVE AMENDMENTS BACKGROUND The following summarizes the amendments to the Zoning Code that have been developed to comply with recent changes to state law pertaining to homeless shelters and transitional and supportive housing facilities. SECTIONS TO BE AMENDED Schedules 18.30.020-A, 18.31.020-A, and 18.33.020-A. Amendment Action. Modifies the use regulation tables of the residential and commercial zoning districts to allow homeless shelters, transitional housing facilities, and supportive housing facilities as required by the Government Code. Section 18.43.160 Amendment Action. Adds new section titled "Shelter for the Homeless," which allows shelters to be established in the "HC" Heavy Commercial zoning district without a use permit if they comply with standards contained in the ordinance. These standards include the following provisions: l. Buffer Areas. Minimum SOO-foot buffer area between residential districts and new homeless shelters; minimum 300-foot buffer area between existing shelters and new homeless shelters. 2. Maximum Size. 24 beds. 3. Development Standards. Conformance with the City's standards for building setbacks and height, parking, signs, landscape, and related standards of the Zoning Code. Title /8, Homeless Shelters. Summary Ordinance Page I ,# '. . . 4. On-Site Management. Required at all times the facility is open. 5. Maximum Length of Stay. 180 days. 6. Required Facilities. Client intake areas, secure property areas, laundry facilities, telephones, and common open space for clients. 7. Operator Experience. At least two years. 8. Operational Plan. Required to include provisions for security, loitering, noise control, staff training, neighborhood communication and outreach, client screening, litter control, and trespass control. 9. Optional Facilities/Services. Cooking and dining room(s), recreation room, counseling center, child-care facilities, other support services. Section 18.60.020, Residential Use Classifications Amendment Action. Establishes new definitions for supportive and transitional housing consistent with state law. Section 18.60.030, Public and Semipublic Use Classifications Amendment Action. Adds new definition of homeless shelters consistent with state law. Dated: August 25, 2009 Title 18, Homeless Shelters, Summary Ordinance Page 2 . . SUMMARY OF CITY OF REDDING ORDINANCE NO. 2438 The following is a Summary Report of the City of Redding's Ordinance No. 2438, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Title 18, by repealing, adding, or amending various sections as noted below. SUMMARY BY CODE SECTION ZONING CODE ADMINISTRATIVE AMENDMENTS BACKGROUND The following summarizes the amendments to the Zoning Code that have been developed to comply with recent changes to state law pertaining to homeless shelters and transitional and supportive housing facilities. SECTIONS TO BE AMENDED Schedules 18.30.020-A, 18.31.020-A, and 18.33.020-A. Amendment Action. Modifies the use regulation tables of the residential and commercial zoning districts to allow homeless shelters, transitional housing facilities, and supportive housing facilities as required by the Government Code. Section 18.43.160 Amendment Action. Adds new section titled "Shelter for the Homeless," which allows shelters to be established in the "HC" Heavy Commercial zoning district without a use permit ifthey comply with standards contained in the ordinance. These standards include the following provisions: I. Buffer Areas. Minimum SOO-foot buffer area between residential districts and new homeless shelters; minimum 300-foot buffer area between existing shelters and new homeless shelters. 2. Maximum Size. 24 beds. 3. Development Standards. Conformance with the City's standards for building setbacks and . height, parking, signs, landscape, and related standards of the Zoning Code. 4. On-Site Management. Required at all times the facility is open. S. Maximum Length of Stay. 180 days. ntle J 8. Homeless Shelters, Summary Ordinance Page I . '.. . . 6. Required Facilities. Client intake areas, secure property areas, laundry facilities, telephones, and common open space for clients. 7. Operator Experience. At least two years. 8. Operational Plan. Required to include provisions for security, loitering, noise control, staff training, neighborhood communication and outreach, client screening, litter control, and trespass control. 9. Optional Facilities/Services. Cooking and dining room(s), recreation room, counseling center, child-care facilities, other support services. Section 18.60.020, Residential Use Classifications Amendment Action. Establishes new definitions for supportive and transitional housing consistent with state law. Section 18.60.030, Public and Semipublic Use Classifications Amendment Action. Adds new definition of homeless shelters consistent with state law. Ordinance No. 2438 was introduced and read at a regular meeting of the City Council of the City of Redding on August 18,2009, and was duly read and adopted on the I" day of September, 2009, at a regular meeting of the City Council by the following vote: Ayes: Noes: Absent: Abstain: Council Members: Dickerson, McArthur, Stegall, and Bosetti Council Members: Jones Council Members: None Council Members: None A complete copy of Ordinance No. 2438 is on file and available for review in the Office of the City Clerk. Title J 8, Homeless Shelters, Summary Ordinance Page 2 v . . ORDINANCE NO. 2438 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING) CHAPTER 18.30 (RURAL LANDS DISTRICT) BY AMENDING SECTION 18.30.020; CHAPTER 18.31 (RESIDENTIAL DISTRICTS: "RE" RESIDENTIAL ESTATE, "RS" RESIDENTIAL SINGLE FAMILY, AND "RM" RESIDENTIAL MULTIPLE FAMILY) BY AMENDING SECTION 18.31.020; CHAPTER 18.33 (COMMERCIAL DISTRICTS: "NC" NEIGHBORHOOD COMMERCIAL, "SC" SHOPPING CENTER, "RC" REGIONAL COMMERCIAL, "Ge" GENERAL COMMERCIAL, AND "HC" HEAVY COMMERCIAL) BY AMENDING SECTIONS 18.33.020; CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) BY ADDING SECTION 18.43.160; CHAPTER 18.60 (USE CLASSIFICATIONS) BY AMENDING SECTION 18.60.020 AND AMENDING SECTION 18.60.030; ALL RELATING TO BRINGING THE ZONING CODE INTO COMPLIANCE WITH THE CALIFORNIA GOVERNMENT CODE AS RECENTLY AMENDED WHEREAS, the enactment of Senate Bill No.2 amended California Government Code Section 65583, requiring that local governments identifY one or more zoning districts where homeless shelters are allowed as a permitted use without a conditional use or other discretionary permit; WHEREAS, Section 65583 allows local jurisdictions to apply written, objective standards regarding such uses; WHEREAS, Section 65583 requires that transitional and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings; WHEREAS, the amendments to Title 18 included herein are intended to bring Redding into compliance with Senate Bill No.2; WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the amendments to Redding Municipal Code Title 18 is appropriate, since there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendments will have a significant effect on the environment; WHEREAS, the Planning Commission held a duly noticed public hearing pertaining to the attached amendments to portions of Redding Municipal Code Title 18, Zoning Ordinance, on June 9, 2009, and recommended that the City Council adopt said Addendum and amendments; WHEREAS, the City Council held a duly noticed public hearing on this date, prior to the first Q., reading of this ordinance; ~ Gj D(!) Page 1 of 9 . . NOW, THEREFORE, BE IT RESOL VED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.30 (Rural Lands District), Section 18.30.020 is hereby amended to read as follows: Schedule 18.30.020-A: Use Regulations-"Rural Lands" District ];I[ l11ill!<l11~iJimiQnS Residential Uses Sin Ie Famil F ami! Da Care, 6 or fewer Residential Care, Limited Su ortive Housm Facilities Transitional Housin Facilities Public and Semi ublic Uses Cemete Park & Recreation Facilities Public Safe Facilities Reli ious Facilities Residential Care, Senior lniQ!,i:s_ P P P P P U S S S S Use ermit re uired if over 10,000 s ft Must demonstrate provision of high level of care and services Must demonstrate provision of high level of care and services Residential Care, General Schools, Public or Private Commercial Uses Bed and Breakfast Establishments Commercial Recreation Utilities, Ma'or Utilities, Minor A leu/lure and Extractive Uses Cro and Animal Raisin Minin and u Nurseries Accesso Uses and Structures Tem ora Uses Noncon ormin Uses S U Sd U U P See Section 18.43.060 Sd U Sd See Cha ter 18.44 See Section 18.43.020 See Cha ter 18.17 See Cha ter 18.46 Section 2. Title 18 (Zoning), Chapter 18.31 (Rural Lands District), Section 18.31.020 is hereby amended to read as follows: Schedule 18.31.020-A: Use Regulations-other "Residential" Districts Multiple Family (Apartments) P ~~Ilr'sl1rmtll'hTl_lmlmfjlI.fRSllIIlf,RM!lII; I I Residential Uses Sin Ie Famil P P P Two-Famil Dwellin Ll P Manufactured Home Park U Page 2 of 9 . . ~m(jjl~itfm1ons IlREj,I llIj,1iS:j,I Wiit~l ~A'lIllltl9Jl!\i~llei"iiliUi~.. DwelllllQ Groun - - S Groun Residential - - S Family Day Care, 6 or fewer P P P Family Day Care, 7-14 P P P Second Dwellinos P P P See Section 18.43.140 Residential Care, Limited P P P Su,:;;;-ortive HousiiWFacilities P P P (8) Transitional Housino Facilities P P P 78\ Public and Semioublic Uses Clubs & LodOes - - S Communitv Centers - S S Dav Care Center II 5 or more) U U S See Section 18.43.070 Park & Recreation Facilities S S S Parking Lots S S S For adjacent office or commercial use only; covered narkin~ must be at a residential scale. Public Safety Facilities U U S Relmous Facilities S S S Residential Care, General S S S 7ff,7il Residential Care, Senior S S S (1), (2) Schools, Public or Private U U U Commercial Uses Bed and Breakfast Sd Sd Sd See Section 18.43.060 Establislunents Commercial Recreation L2 L2 - Food and Beverage Sales U U U Not to exceed 3,500 sf; no gasoline sales or liquor stores Offices, Business & Professional - - S IS), (7) Tranmortation, Communication, and Utilities Uses Utilities, Minor T P I P T P Accesso'" Uses and Structures See Section 18.43.020 Temaorarv Uses See ChaDter 18.17 NonconformiiW Uses See Chanter 18.46 Specific Limitations Ll Only in RS-3.5 and RS-4 with approval of a site development permit and when in cbaracter with the existing or proposed neighborhood. L2 Golf courses, racquet clubs, health and fitness clubs (public and private) allowed in these residential districts on parcels 5 acres and larger with approval of a use permit. (1) [No Change to Footnotes (1) through (7)] (8) Permitted use subject to consistency with the definition of the use contained in Chapter 18.60. Proposed transitional and supportive facilities that are inconsistent with Chapter 18.60 may be allowed only in the "RM" District subject to first obtaining a site development permit approved by the Board of Administrative Review. Section 3. Title 18 (Zoning), Chapter 18.33 (Rural Lands District), Section 18.33.020 is hereby amended to read as follows: Page 3 of 9 . . Schedule 18.33.020-A: Use Regulations-"Commercial" Districts U. €p' .111{ , '11 " "B:e:! . ,,- W Residential Uses Single-Family L7 - - L7 - L6 Multiple-Family L7 L7 L7 S S - ~ee Sec. 18.33.050 SUDDortive Housinl! Facilities - - - S S S Multiole-Familv Onlv Transitional Housine: Facilities - - - S S S Multiole-Familv Onlv Public and Semioublic Uses Clinics L8 L8 P P Sd P Clubs and Lodges - - - P - - Colleges and Trade Schools, Public or Private - S S P - S Community Centers U U U U - S Community Social Service Facilities - - - - - U Cultural Institutions L8 L8 P P Sd Sd Day Care Center (14 or More) P P P P - S Government Offices L8 . L8 P P P P Hospitals - - - S - - Park and Recreation Facilities S S S S S - Parking, Public - S S S S S Public Maintenance and Service Facilities - - - - - S Public Safetv Facilities L8 P L8 P U U Religious Facilities S S S P S S Residential Care, General S - - Sd - - Schools, Public or Private S S S S - S Commercial Uses Adult Business Establishments - - - - - U ~ee Sec. 18.43.030 Animal Sales and Services L8 P P P S P Adjacent to an "R" District, . outdoor kennels prohibited Large Animal Veterinary Services P P Banks and Savings and Loans L4 L4 L4 L4 Sd L4 Bed and Breakfast Establishments - - - Sd Sd - See Sec. 18.43.060 Building Materials and Services - - S S - P Business Services L8 P P P P P Commercial Recreation S S S S S S Commercial Entertainment - P P P P - Convenience Gas Mart S S S S S S ~ee Sec. 18.43.090 Site development permit- Eating and Drinking Establishments Director required for outdoo seating BarslNi2ht Clubs/Lounges U S S S S S Restaurants, Full Service P P P P P P Drive-Up/Drive- Through Service L3 Sd Sd Sd Sd Sd See Sec. 18.43.080 Food and Beverage Sales P P P P P P Food Preparation P P P P P P Funeral Parlors and Mortuaries P P Home Improvement Sales and Services L8 L8 P P P Homeless Shelters - - - - - P ee Sec. 18.42.160 Hotels and Motels S S S S Hotel, Residential Must meet Calif Buildin! - - - U U U Code requirement fo efficiency dwellinl! unit Laboratories P P P P P Maintenance and Repair Services L9 L9 L9 L9 L9 L9 See Section 18.43.050 Offices, Business and Professional L8 P P P P P Offices, Medical & Dental L8 P P P P P Parkin!! Facilities, Commercial S S S S S Personal Imorovement Services P P P P P P Page 4 of 9 . . Ill. It 'EI IB ..ltHG' MR'.t Recreational Vehicle Parks - - - V - V Personal Services P P P P P P Retail Sales P P P P P PILIO ee Section 18.43.130 Recvclino Station L7 L7 L7 L7 L7 L7 Travel Services P P P P P P Vehicle EouTrlment Sales and Services Automobile Rentals - - S Sd - Sd Automobile/vehicle Renair, Maior - - - L11 Ll3 L11 ee Sec. 18.43.050 AutomobileNehicle Re;:;air, Minor - LlI L11 L11 L13 L11 ee Sec. 18.43.050 AutomobileNehicle Sales and Leasing - - S Sd L13 Sd Automobile Washing - S S Sd L7 Sd Heavv Enuinment Sales, Service, & Rental - - - V S Laroe Vehicle Sales, Service, & Rental - - - S L13 S Vehicle Stora,e - - - S - S rii.dustrial Uses Contractors' Office & Sho.;-Buildinos - - - - - S Contractors' Storaoe Yards - - - - - S See Sec. 18.43.130 Handicraft/Custom Manufacturing - L8 L8 L8 L8 P Industrv, General - - - - - V Self-Stora'e Warehouses - - - S - S ee Sec. 18.43.150 Warehousi;;;;- and Stora;;;; - - - - - S Trans;;Qrtation, Communication, and Utilities Uses Communication Antennaeffransmsn Towers - V V V V V ee Sec. 18.40.010 Communication Facilities Within Buildings - Sd P P - P Freip"htltruck Terminals and Warehouses - - - - - S Transnortation Passewer Terminals S S S S S S Truck Weilili Stations - - - - - S Vtilities, MaiOr - - V V - V AccessOrV Uses and Structures ee Sec. 18.43.020 Tem;;ora;;; Uses ee Chanter 18.17 Nonconf'orminu Uses See Chanter 18.46 pecific Limitations: L3 No drive-through service except for establishments not exceeding ISO square feet in developed neighborhood commercial projects exceeding 2 acres in area. Site development permit required. L4 Site development permit required for drive-through. L6 Caretakers' quarters only. L7 Only as an accessory use subject to approval of a site development permit. L8 Small-scale only (5,000 square feet or less). L9 No outdoor storage unless a site development permit is approved by the Director. LlO No shopping centers, power centers, or similar uses allowed. LlI Site development permit required if site abuts an "R" district. LIZ Reserved Ll3 Establishment of new uses is prohibited. Enlargements of existing facilities up to 10 percent are allowed by site development permit issued by the Director. Other expansions/enlargements, including expansions affecting more than a single parcel, shall require approval ofa use permit. Such expansions shall not be approved if they involve property not owned or legally controlled by the business entity prior to adoption of this section. Proof of compliance shall be submitted at the time of application for the expansion/enlargements. Such intensifications shall be subject to compliance with all adopted site and building design criteria and development standards applicable within the zoning district and such other site and building design elements determined necessary by the approving authority to ensure compatibility with surroundina conformina uses. Section 4. Title 18 (Zoning), Chapter 18.43 (Standards For Specific Land Uses), Section 18.43.160 is hereby added to read as follows: Page 5 of 9 . . 18.43.160 Shelter for the Homeless A. Purpose. The purposes of this section are to establish standards to ensure that the development of homeless shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses. The following performance standards shall apply to shelters. A use permit is required to establish a shelter that does not meet the location, development, and/or operational standards of this section or that would provide more beds than allowed by this section. B. Location. A shelter may be established in any "HC" Heavy Commercial District provided that the property boundaries are located more than 500 feet from a residential district, public park, or school or 300 feet from any other shelter (measured from property line to property line) unless it is separated therefrom by a state highway or railroad right-of-way. C. Maximum Number of Beds. A maximum of24 beds may be provided. D. Property Development Standards. The development shall conform to all property-development standards of the "HC" zoning district (Chapter 18.36), as well as Chapters 18.40 (Site and Development Regulations), 18.41 (Off-Street Parking and Loading), 18.42 (Signs), and 18.47 (Landscape Standards), except as may be modified by these standards. E. Management. At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate. F. Length of Stay. Temporary shelter shall be available to residents for no more than 180 days in any 12-month period. (l Hours of Operation. Shelters shall establish and maintain set hours for client intake/discharge, which must be prominently posted on-site. H. On-Site Parking. On-site parking shall be provided in the ratio of one space for every 6 adult beds, plus one space for each manager/assistant. I. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way. J. Required Facilities. Shelters shall provide the following facilities: I. Indoor client intake/waiting area of at least 100 square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way. 2. Secure areas for personal property. 3. Laundry facilities adequate for the number of residents. Page 6 of 9 . . 4. Telephone(s) for use by clients. 5. Interior and/or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than 15 square feet per client, with a minimum overall area of 100 square feet. Common space does not include intake areas. K. Optional Facilities/Services. Shelters may provide one or more of the following types of common facilities for the exclusive use ofthe residents: 1. Central cooking and dining room(s). 2. Recreation room. 3. Counseling center. 4. Child-care facilities. 5. Other support services. L. Shelter Provider. The provider shall demonstrate, to the satisfaction of the Director, that it currently operates a shelter within the State of California, or has done so within the past two years, or that it has management staff available that has a minimum of two years' experience in the operation of homeless shelters. The provider shall comply with the following requirements: 1. Staff and services shall be made available to assist residents in obtaining permanent shelter and mcome. 2. An Operational Plan (Plan) shall be provided for the review and approval of the Director. The approved Plan shall remain active throughout the life of the facility, and all operational requirements covered by the Plan shall be complied with at all times. At a minimum, said Plan shall contain provisions addressing the areas outlined below: a. Security and safety-addressing both on- and off-site needs, including provisions to ensure the security and separation of male and female sleeping areas, as well as any family areas within the facility. b. Loitering/trespass/noise control-with specific measures regarding operational controls to minimize trespass on private property or the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site and/or services are not provided. c. Management of outdoor areas-including a system for daily admittance and discharge procedures and monitoring of waiting areas, with a goal to minimize negative impacts to adjacent property. Page 7 of 9 . . d. Staff training programs-to provide adequate knowledge and skills to assist clients in obtaining permanent shelter. e. Communication and outreach-with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood as may be identified by the general public or City staff. f. Adequate and effective screening-with the objective of determining admittance eligibility of clients. g. Litter control-with the objective of providing for the regular daily removal oflitter attributable to clients within the vicinity of the facility. Modifications to the Operational Plan may be requested at any time and shall be subject to the review and written approval of the Director. Section 5. Title 18 (Zoning), Chapter 18.60 (Use Classifications), Section 18.60.020 (Residential Use Classifications) is hereby amended to read as follows: Supportive Housing. Housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code subdivision (d) of Section 53260 and that is linked to on-site or off- site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)). Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than 6 months (per Health and Safety Code Section 50675.2.) Section 6. Title 18 (Zoning), Chapter 18.60 (Use Classifications), Section 18.60.030 is hereby amended to revise the "Community Centers" definition, add the "Homeless Shelter" definition, and delete the "Transitional Housing Facilities" definition, as follows: Community Centers. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include neighborhood centers, youth centers and senior centers. Community Social Service Facilities. Any noncommercial facility, such as a day center, which may also provide meals, showers, and/or laundry facilities. Specialized programs and services related to the needs of those using the facility may also be provided. Homeless Shelter. A residential facility operated by a provider which provides temporary accommodations, not to exceed 180 days in any 12-month period, for homeless individual and families. For purpose of this definition, a "provider" shall mean a government agency or private nonprofit organization which provides or contracts with recognized community organizations to provide emergency Page 8 of 9 . , . . . . or temporary shelter and which may also provide meals, counseling, and other services, as well as common areas for residents of the facility. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 18th day of August, 2009, and was read and adopted at a regular meeting of the City Council on the 1" day of September, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, McArthur, Stegall, and Bosetti COUNCIL MEMBERS: Jones COUNCIL MEMBERS: None COUNCIL MEMBERS: None ---;2~ <~ ~ RICK BOSETTI, Mayor ATTEST: FORM APPROVED: ....-~.-9""~"" ~~ RICHARD A. DUVERNAY, Ci Attorney .'. ' ... .', ~ ,-...... \'\".,' *.... '. .... ~ ~ .~' " ""h':, .,,;~~:;;._ ~ ~~ .. Page 9 of 9