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2014/04/08 City Council Ordinance 877CITY COUNCIL ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING SECTION 17.07.020.M (HOMELESS SHELTERS) OF THE ZONING ORDINANCE WHEREAS, the City of Rohnert Park initiated Planning Application No. PLZO2013- 0001 which proposes to amend the Rohnert Park Municipal Code ( "RPMC ") by amending Section 17.07.020.M (Homeless Shelters) of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the proposed amendments to Section 17.07.020.M (Homeless Shelters) would reduce the separation requirement between homeless shelters from 600 feet to 300 feet to comply with State housing law, specifically SB2 which addresses emergency shelters for homeless persons. WHEREAS, the text amendment is a necessary to fully implement the Housing Element of the City's General Plan. WHEREAS, the proposed changes to Section 17.07.020.M (Homeless Shelters) are attached hereto as Exhibit A; WHEREAS, the text amendment will have no impact on the environment this therefore qualifies as a statutory exemption from CEQA under section 15061(b)(3) of the CEQA Guidelines; WHEREAS, pursuant to California State Law and the RPMC, public notice was published in the Community Voice for a minimum of 10 days prior to the public hearing and a copy of the proposed code amendment has been available for public review at City Hall; WHEREAS, on January 23, 2014, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, on March 25, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support of opposition to the proposal; and WHEREAS, the City Council has reviewed and considered the information contained in Planning Application No. PLZO2013 -0001 for the proposed amendments to Section 17.07.020.M (Homeless Shelters) of the Zoning Ordinance. NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: Section 1. Findings for Enactment of Amendments to Zoning Ordinance. The City Council hereby makes the following findings with respect to the proposed amendments to Section 17.07.020.M of the Zoning Ordinance; 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments are consistent with provisions within General Plan 2020, including the following Goals and Programs of the Housing Element. The proposed text amendment continues to implement the following provisions of the Housing Element and will be consistent with State housing law that is a result of Senate Bill 2 (SB2). SB2 places limits on how transitional housing for homeless persons can be regulated. One of those limits is a maximum separation of 300 feet between shelters. The zoning code as current written is 600 feet and this change will bring the zoning code into compliance with State law. 1. Goal HO -16 Prevent homelessness and support efforts to provide housing for the homeless. 2. Program 16.1. Revise the Zoning Ordinance to allow emergency shelters that can house seven or more people in High Density Residential and Commercial districts by -right to facilitate the provision of such shelters. Ensure that development standards encourage and facilitate the use and only subject shelters to the same development and management standards that apply to other allowed uses within High Density Residential and Commercial Districts. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public health, safety and welfare by helping to remove obstacles to the establishment of homeless shelters which could help to reduce the incidents of overnight camping within the community where homeless persons are exposed to the elements and are more likely to be victims of crime. Section 2. Not a Project under CEQA. As a minor text amendment, the project will have no impact on the environment, is not considered a project under CEQA and therefore qualifies for the general rule exemption 15061(b)(3) of the CEQA Guidelines. No environmental review is necessary. Section 3. Approval of Zoning Ordinance Amendments. The City hereby approves the amendment to a specific section of the Zoning Ordinance substantially similar in form as attached as Exhibit A. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. Section 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was adopted by the Council of the City of Rohnert Park on April 8, 2014, by the following roll call vote: AYES: FIVE (5) Council Member Belforte, Mackenzie, Stafford, Ahanotu and Mayor Callinan NOES: NONE (0) ABSENT:NONE (0) ABSTAIN: NONE (0) ATTEST: JoAnne Buergler, City Clerk APPROVED AS TO FORM: City Attorney, /r‘ ,K 4v_ CITY OF ROHNERT PARK Josep � . Callinan, Mayor BELFORTE: Aq MACKENZIE: r }`t.l STAFFORD: VANC% AHANOTU: CALLINAN: ti AYES: (z; ) NOES: ( 0) ABSENT: ( ) ABSTAIN: ( ) Exhibit A Amendments to Section 17.07.020.M (Homeless Shelter) Chapter 17.07 - LAND USE FOOTNOTES /SPECIAL PROVISIONS 17.07.020 - Footnotes. A. to L. no changes M. HOMELESS SHELTER. 1. This section is intended to provide guidelines to be used to implement policies contained in the housing element of the Rohnert Park general plan with regard to the siting of housing facilities for the homeless in the City of Rohnert Park. 2. Applicability. A homeless shelter for six or fewer persons may be located in conjunction with an existing church or other places of religious assembly, and in any portion of the city zoned for residential or commercial development. To ensure that a concentration of persons within a single site is compatible with the neighborhood and adequate for the persons living on -site, homeless shelters for seven or more persons may be permitted in conjunction with an existing church or other places of religious assembly, and in any portion of the city zoned for high - density residential or commercial development. 3. Physical characteristics. Persons seeking to establish homeless shelters shall be required to demonstrate: a. The facilities have adequate private living space, shower and toilet facilities, and secure storage areas for its intended residents. b. The facility shall have at least one room, which has 120 square feet of floor area. Other habitable rooms shall have an area not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. (Source: Uniform Housing Code.) Rooms used for sleeping shall meet requirements of the California Building Code and minimum health and safety requirements. c. The facility has an enclosed yard area, especially if the facility is located on a major thoroughfare. d. There shall be a minimum distance requirement of 300 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved. e. Facilities for seven or more persons shall have two off - street parking spaces plus one space for every two employees. 4. Programmatic characteristics. a. If the facility is proposed for a location in an area either zoned or developed as a residential area, all intake and screening shall be conducted off -site. b. The program shall provide accommodations appropriate for a minimum stay of twenty - eight days and a maximum stay of one hundred eighty days per client. c. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services and employment opportunities. d. The program shall provide specific mechanisms for residents to contact social service and employment programs. e. If a program includes a drug or alcohol abuse counseling component, appropriate state licensing shall be required. f. The program shall include clear arrangements for on -site meal preparation or providing food in accordance with county health department regulations. g. The program shall, where applicable, provide a child care service and ensure that school -aged children are enrolled in school during their stay at the facility. h. The program shall have an identified administrator and liaison personnel. i. Administrators and operators of the program shall demonstrate experience in successfully running social service - related facilities. The program shall provide clear and established operational standards and rules (e.g., standards governing expulsions and lights -out). k. The program shall include identified funding mechanisms that are sufficient to ensure compliance with the required siting and programmatic criteria.