TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Chapter 21.33 by amending Table 33-2 "Uses in Industrial Districts"; by adding Section 21.45.132; and by amending Subarea D in PD-31 (California State University Research and Technology Center/Villages at Cabrillo Long Beach Vets Planned Development District), all relating to emergency shelters, read and adopted as read. (Citywide)
DISCUSSION
On March 21, 2013, the Planning Commission held a public hearing to review changes to the Zoning Ordinance relating to the regulation of emergency shelters. These changes are needed in order to bring the code into compliance with State law, Senate Bill No. 2 (SB2), which requires that cities allow emergency shelters in at least one zoning district by right, that is, without special permits or hearings required. SB2 compliance is needed so that the upcoming Housing Element will be in compliance and, therefore, eligible to be certified by the California Department of Housing and Community Development (HCD). The Planning Commission recommended that the City Council adopt the proposed changes. In addition, the Planning Commission requested that the City Council direct Planning staff to review and analyze additional zoning districts that may be suitable for transitional housing and emergency shelters, and include a program in the upcoming Housing Element update to address this issue.
Under California State law, each city must adopt and maintain a General Plan that acts as an overall guide to development and land use controls in the city. A General Plan consists of several core elements and several optional elements; the Housing Element is one of the most critical core elements. The Housing Element, in effect, is the City's method of periodically assessing, considering, and planning for present and future housing needs. The current Housing Element does the following:
· Defines the special needs population, housing and neighborhood issues in Long Beach.
· Assesses the housing market and housing affordability factors.
· Assesses the City's current development regulations and practice for their impact on housing development.
· Identifies how the City will meet specific Regional Housing Need Assessment (RHNA) targets for providing housing affordable to various households' incomes.
· Establishes 2008-2014 housing development and neighborhood improvement programs with targeted objectives, timeframes, identified funding sources, and the City departments and bureaus responsible for working together to see that the objectives are met.
State law requires that a local jurisdiction update its Housing Element every five years. The current Housing Element in the Long Beach General Plan was adopted by the City Council on May 19, 2009, after approval by the Planning Commission on May 7, 2009. This current version is known as the 2008-2014 Housing Element. In light of the frequency with which the Housing Element must periodically be updated, the California State Legislature has seen fit to introduce into law a number of State mandates relevant to local jurisdictions' Housing Elements. These typically are programs or agendas that the Legislature has decided are crucial to be carried out statewide. However, rather than administer the programs directly, the Legislature mandates the rules and objectives, and leaves it to local agencies to interpret, develop, and carry out the mandated programs. Staff brings this zoning amendment item forward in response to one such recent mandate contained in an act known as SB2.
California State law SB2, which became law on October 13, 2007, amended the California Government Code to impose additional requirements on local jurisdictions relating to the provision of emergency shelters (Exhibit A - Text of SB2). In short, SB2 requires that a local agency identify "adequate sites" with zoning that allows emergency shelters by right, that is, without a conditional use permit or other discretionary action by the City. A number of other smaller, relevant changes also are required, to adjust or revise definitions of terms that affect the application of zoning law upon emergency shelters.
The 2008-2014 Housing Element, which was adopted by City Council and certified by HCD, contains a program for a Zoning Code Update for Special Needs Housing (Exhibit B - Excerpt from Long Beach Housing Element). The program sets forth the following suggested amendments to the Zoning Code that would bring the City into compliance with SB2:
· Amend the Zoning Ordinance and/or the PD-31 Planned Development District Ordinance to permit emergency shelters by right (via a ministerial approval process) in the IP zoning district (Port of Long Beach/Harbor District) and in PD-31 (Villages at Cabrillo).
· Increase the shelter bed capacity at Villages at Cabrillo to allow at least an additional 100 efficiency units.
· Amend the Zoning Ordinance and/or PD-31 to ensure adequate capacity to "shelter the unsheltered bed gap" consisting of 380 individuals, and 72 persons in families with children.
· Establish specific development standards and the following performance standards for emergency shelters, with these standards required to be not different than standards established for similar uses in the same zone(s):
o Maximum number of beds;
o Proximity to other shelters;
o Length of stay;
o Off-street parking standards (to be the same as other residential uses within the same zone(s));
o Size and location of exterior and interior waiting drop-off;
o Security and lighting; and
o Provision of on-site management.
These amendments to the Zoning Code must be completed prior to HCD certifying the new Housing Element. Consistent with the program outlined in the adopted Housing Element, staff has identified the following text amendments to realize the Housing Element's plan for compliance with SB2:
· Create a new section in Chapter 21.45 (Special Development Standards) to implement the development standards and performance requirements for emergency shelters specified by the Housing Element and SB2.
· Edit the text under Subarea D (the Villages at Cabrillo subarea) in Sections III and IV of the PD-31 Ordinance to reflect the necessary changes to the land use regulations and development standards. Refer directly to the new section of Chapter 21.45 (above item) for consistency and brevity where possible.
· Edit Table 33-2 (Uses in Industrial Districts) in Chapter 21.33 (Industrial Districts) of the Zoning Ordinance, to add a specific line item under Section 14 for emergency shelters. This line item would indicate that emergency shelters are allowed by right in the IP zoning district, and refer in the "*Notes and Exceptions" column to the special development standards section to be established for emergency shelters (above item).
· Edit and add entries in Section 21.15 (Definitions) to align definitions of terms with those specified in the Housing Element as required for SB2 compliance.
Staff believes the above-specified areas of revision to the Zoning Ordinance and PD-31 would achieve the goals of the Housing Element and mandated SB2 compliance in the most succinct and effective manner and will not delay the ultimate HCD certification of the new Housing Element. Staff recommends that the City Council adopt these proposed changes into ordinance.
In accordance with the Guidelines for Implementation of the California Environmental Quality Act, a Categorical Exemption (CE) was prepared for the proposed project (Exhibit C - CE-13-015).
This matter was reviewed by Assistant City Attorney Michael Mais on April 1, 2013 and by Budget Management Officer Victoria Bell on March 28, 2013.
TIMING CONSIDERATIONS
The existing 2008-2014 Housing Element of the General Plan needs to be in compliance with State law prior to adoption of the new Housing Element. The deadline to adopt the new Housing Element is October 15, 2013. The California Department of Housing and Community Development has indicated it will not review a new Housing Element for certification unless the current Housing Element is in compliance.
FISCAL IMPACT
There is no fiscal or local job impact associated with this request.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING CHAPTER 21.33 BY AMENDING TABLE 33-2 "USES IN INDUSTRIAL DISTRICTS"; BY ADDING SECTION 21.45.132; AND BY AMENDING SUBAREA D IN PD-31 (CALIFORNIA STATE UNIVERSITY RESEARCH AND TECHNOLOGY CENTERNILLAGES AT CABRILLO LONG BEACH VETS PLANNED DEVELOPMENT DISTRICT), ALL RELATING TO EMERGENCY SHELTERS
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER