TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Table 31-1 of Chapter 21.31, relating to transitional and supportive housing, read and adopted as read. (Citywide)
DISCUSSION
This action clarifies existing City policy and law regarding supportive housing and assures that the City remains in conformity with updated State Housing Element laws. On April 7, 2016, the Planning Commission conducted a public hearing on the proposed Zoning Code Amendment regarding transitional housing and supportive housing and recommended its approval to the City Council (Exhibit A - Planning Commission staff report and minutes). No public comment on this amendment was received before or at the hearing.
In developing land use and zoning regulations regarding housing development, the City is required to comply with several State and Federal regulations. Housing Element Law (Government Code Section 65580) mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. Recent revisions to housing law have prompted the City to amend portions of its Housing Element and Zoning Code.
In 2007, Senate Bill (SB) 2 (Government Code Sections 65582, 65583, and 65589.5) required that transitional and supportive housing be permitted as residential uses, subject only to restrictions that apply to other residential dwellings of the same type in the same zone. On January 7, 2014, the City Council adopted the 2013-2021 Housing Element, and on April 2, 2014, the California Department of Housing and Community Development (HCD) certified the Housing Element, which addresses the needs, constraints, and goals for transitional and supportive housing within the City consistent with SB 2.
On April 24, 2014, HCD sent a memorandum to the City regarding SB 745 (Government Code Section 65582) related to zoning requirements and definitions for “supportive housing,” “target population,” and “transitional housing.” In response to this, on April 2, 2015, the Planning Commission recommended the City Council approve a Zoning Code Amendment to add the definitions to Municipal Code Title 21 (Zoning). On June 25, 2015, the City Council adopted Ordinance No. ORD-15-0019 codifying the definitions within Chapter 21.15 (Definitions).
The remaining zoning obligation that the City must comply with under State law is to add transitional housing and supportive housing as allowed uses in residential zoning districts. The subject amendment would add “transitional housing” and “supportive housing” to Table 31-1 (Uses in Residential Zones) and permit both uses in all residential zoning districts. Additionally, the following footnotes would be added and applicable to both uses:
(e) This use does not include uses that meet the definition of “Residential care facility” or “Special group residences” as defined in Chapter 21.15.
(f) Development is subject to the density limits of the zoning district in which it is located.
This change is consistent with the General Plan, specifically Land Use Element goals regarding increased opportunities for new housing and the retention of existing housing stock, and Housing Element Policy 2.3, which supports the provision of housing that addresses the needs of various populations. Transitional and supportive housing operate as residential uses and this proposed amendment would not affect the density or development standards allowed on any residential lot.
Because this Amendment is applicable Citywide, including parts of the Coastal Zone, if approved, the City would request the California Coastal Commission to certify an amendment to the implementing-ordinances portion of the Certified Local Coastal Program to include the provisions of the subject amendment.
Public hearing notices were published and posted pursuant to the noticing requirements of the Long Beach Municipal Code within the required time frame.
This matter was reviewed by Assistant City Attorney Michael J. Mais on May 25, 2016 and by Assistant Finance Director Lea Eriksen on May 24, 2016.
This action is not subject to the California Environmental Quality Act (CEQA) because the proposed changes were previously addressed within Negative Declaration 03-13 for the adoption of the 2013-2021 Housing Element, which contemplated build out of residentially zoned properties for a variety of residential uses and needs.
TIMING CONSIDERATIONS
City Council action is requested on June 14, 2016, to update the existing zoning regulations to ensure consistency with State law.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING TABLE 31-1 OF CHAPTER 21.31, RELATING TO TRANSITIONAL AND SUPPORTIVE HOUSING
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER