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2011/12/08 Planning Commission ResolutionAttachment A RESOLUTION NO. 2OII.23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE WHEREAS, the proposed amendments to the Zoning Ordinance would implement housing programs included in the General Plan Housing Element. The proposed ZoningOrdinance Amendments are attached as Exhibits A1-46; and WHEREAS, the City Council adopted the Negative Declaration prepared for the Housing Element Update Project on May 11, 2010; and WHEREAS, pursuant to Califomia State Law and the RPMC, a quarter page public hearing notice was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on October 27, 2011, the Planning Commission held a public hearing at which time interested persons had an opportunity testify either in support or opposition to the proposal; and \ilHEREAS, consideration of the proposal was continued from the October 27, 201 I Planning Commission hearing to December 8, 201 l. WHEREAS, on December 8,2011, the Planning Commission held a public hearing at which time interested persons had an opportunity testify either in support or opposition to the proposal: and WHEREAS, the Planning Commission has reviewed and considered the information contained in the staff report and the Zoning Ordinance Amendment materials. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings and determinations with respect to the proposed Zoning Ordinance Amendments: Section 1. The above recitations are true and correct. Section 2. The Planning Commission recommends City Council approval of the Zoning Ordinance amendments, as described in Zoning OrdÍnance Amendments attached to this Resolution as Exhibits A1-46. Section 3. Findings. The Planning Commission makes the following findings concerning the Zoning Ordinance amendments proposed: l. That the proposed amendments are necessary for implementation of certain programs included in the General Plan Housing Element. Criteria Satisfied. The proposed Zoning Ordinance amendments would directly implement programs included in the General Plan Housing Element, as approved by the City Council on May 11, 2010. That the proposed zoning amendments are consistent with the General Plan. Criteria Satisfied. The proposed amendments would establish mechanisms within the Zoning Ordinance to facilitate affordable housing, housing for special needs and a balance of housing types. These amendments are specifically included in the General Plan Housing Element and are consistent with the current General Plan. That the proposed zoning amendments will be beneficiøl to and not detrimental to the public health, safety or welfare. Criteria Satislied. The proposed amendments would establish mechanisms within the Zoning Ordinance to faciliøte affordable housing, housing for special needs and a balance of housing t1pes. Such measures are regulatory tools which would apply to future projects. As such, the proposed amendments will have no impact on public health, safety and welfare. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the Zoning Ordinance. Criteria Satisfied. A duly noticed public hearing on the proposed Zoning Ordinance amendments was held on December 8,2011. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Planning Commission that it does hereby recommend that the City Council adopt the Findings hereinabove; adopt and amend the Zoning Ordinance, as described in the T.oning Ordinance Amendments attached to this Resolution as Exhibits A1-46, in its entirety. DULY AND REGULARLY ADOPTED on this 8th day of December 2011, by 3. AYES: 4 *o"s: lJ ABSENT:t ABSTAIN: the City of Rohnert Park Planning Commission by the fol Commission ADAMS / o*rrrRoNc / ,orÅh"Aluorc.- J HAyDoN < EXHIBIT A5 Gity of Rohnert Park Zoning Ordinance Proposed Amendments to lmplement Housing Element Program 16.1 Decemeen 20ll EXHIBIT A5 Proposed Amendment to Implement HE Program 16.1 (Page 42) Land uses that are not specifically listed are not permitted unless determined, by the lwDevelopmentServicesDirector,tobesubstantiallysimilartoalisted use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding Land Use Footnote or Special Provision which follow this chapter. Land Use Category K-K/K-I' Dlsrlcß R-L Disfricts R-M llicf¡iof R-H fllet¡"lofc Affordable Housins Density Bonus (H)€A EA EA €A Asricultural Uses o Pasturine and Grazins (small scale)P o Other C Bed & Breakfast Inn (D)C C Communitv Center c c C c Communication Facilities (F)ZIC ZIC ztc ZIC Day Care Center C C C C Dav Care Home. Family (G) o Small (8 or fewer children)P P P P o Larse (9 or more children)C c C C Eouestrian Uses o Stables. Private P ¡ Stables. Commercial C Familv Care Home/Communitv Care o Small (6 or less persons)P P P P o Larse (7 or more persons)C Farmworker Housins P P Homeless Shelters (M) o Small (6 or less persons)P P P P ¡ Larqe (7 or more persons)eP Kennel (Commercial and Noncommercial) (O)C Manufactured Housins (O)z Z Z Z Mobile Home Park or Subdivision (see Section 17.06.120\ c c Multi-Family Housing ¡ duplexes-single story P P o other P Private/Public Utilitv Facilitv (F) o Minor ZIC ZIC ZIC ZIC o Maior c C C c Private Schools r Elementarv and Secondary c c C C o Hish School C c o VocationaVTrade Schools C c Public Facilitv-Non-city owned or proposed (see also C C C C 42 Proposed Amendment to Implement HE Program 16.1(Page 46) Land Use Category c-o District c-N District c-R District o Larse P Hardware Store P P Health Club C C P Home Imorovement Store P Homeless Shelter (M) o Small (6 or less persons)P P P o Larse (7 or more persons)€P GP êP Hospital c C Hotel/Motel (No in-room food preparation unless applied for and approved as part ofproject approval or seoaratelv.) P Interior Decorator c P P Kennel (Commercial) (O)C Laboratorv ¡ In coniunction with a medical, dental or optical use P(D P(Ð P(Ð o As a primarv use P Laundromat P C Liouor Store (Off-Sale) (R)C C Live Entertainment C C Live/Work (P)C C Massase Therapv (see Chapter 9.80)PII)C P Medical Clinic P C P Microbrewerv with restaurant c Nursery (Horticulture)P Office o Professional and Administrative P P P o Medical and Dental P P P Paint Store P Parkins Lot (Commercial)A C A Pawn Shoo C Pharmacy (see Drive-Through Window) (I) (Does not include a Medical Marijuana Dispensary, which is a orohibited use within the Citv.) P(I)P P Photosraohv Studio P P Printins & Bluenrintins o Small Copy Center P(D P P o Print Shoo c P Private/Public Utilitv Facilitv (F) o Minor ZIC ZlC ZIC o Maior C C c Public Assemblv C C c Public Facilitv-Non-citv owned or proposed (see also C c C 46 Proposed Amendment to Implement HE Progrøm /ó.I (Page I I l) M. HOMELESS SHELTER l. 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 cornmercial development . 3. Physical characteristics. á,pplieants-Pç¡Sets-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 trvo. (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 600 feet between such facilities as measured between the closest points on the exterior property lines or area boundaries ofthe 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. 111 EXHIBIT A6 Gity of Rohnert Park Zoning Ordinance Proposed Amendments to lmplement Housing Element Program 16.2 Decen¡aen 20ll EXHIBIT A6 Proposed. Amendment to Implement HE Progrøm 16.2 (Page 35) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structure, accessory": See "accessory building'or use." "Structure, attached": See "affached structure." "Student Tenanf' means individuals, who are enrolled or have made application and been accepted at a university, college, or trade school and are taking at least 6 credit hours and whose primary occupation is student, including both undergraduate and graduate students alike, residing in a dwelling unit governed by this ordinance. "supportive Hot¡sing" means a residential use that provides housing with no limit on length of stay to adults with low incomes having one or more disabilities. including mental illness. HIV or AIDS. substance abuse. or other chronic health conditions. or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may. among other populations. include families with children. elderl:¿ persons" young adults aging out qf the foster care s)¡stem. individuals exiting from institutional settings. veterans. or homeless people. Supportive Housing is linked to on-site or off-site services that assist the tenants with the retention of the housing. improving his or her health status. and maximizins their abilityto live and. when possible. to work in the community. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. "Telecom hotel or carrier hotel" means facilities made to house equipment instead of people. "Temporary use/evenlbuilding" means a use, event, or building which will be in existence either seasonally or for a period of trvo years or less. "Townhouse": See "dwelling, single-family, attached." "Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transporting of personal property. "Transitional Housing" means temporary housing provided for a longer term (generally up to twenty-four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable peeplehsmetgsslglsons to successfully transition to and maintain permanent housing. Transitional housing shall be considered a residential use ancl only subject to those restrictions that applv to other residential uses of the same type in the same zone. 35 Meeting Date: Agenda ltem No: Subject: Location: Applicant: Attachment B City of Rohnert Park PLANNING COMMISSION STAFF REPORT October 27,2011 8.1 File No. PL20I1-032MC Various City of Rohnert Park SUBJECT Matters relating to the amendment of Title 17 Zoning of the City of Rohnert Park Municipal Code to conform to programs included in the City of Rohnert Park General Plan Housing Element. 1. Resolution No. 20ll-23 recommending approval to the City Council for amendments to the text of the ZoningOrdinance. BACKGROUND The City of Rohnert Park is considering amending portions of Title 17 Zoning of the City of Rohnert Park Municipal Code (hereinafter referred to as "the Zoning Ordinance") to implement certain housing programs of the City of Rohnert Park General Plan Housing Element. In 2010, the City of Rohnert Park updated its General Plan Housing Element. The Housing Element is one of the general plan elements required by State law and is an official response to the need to provide housing for all economic segments of the population, establish goals and programs that will guide City decision making, and set forth an action plan to implement housing programs through the year 2014. The goals, policies, and programs included in the Housing Element were designed to address the existing and projected housing needs of the City of Rohnert Park. Each program has one or more individuals, bodies, or agencies responsible for its implementation, along with a potential or committed funding source, and a schedule for its implementation during the 2007 -201 4 planning period. The adopted Housing Element has been certified by the California Department of Housing and Community Development subject to the implementation of the housing programs approved by the City Council. Several of the programs included in the Housing Element require an amendment to the City's Zoning Ordinance to implement the policies and achieving the goals of the Housing Element. EXECUTIVE SUMMARY The table below provides a summary of the Housing Element policies, lists the corresponding implementing programs involving amendments to the text of the ZoningOrdinance, and provides a brief description of the proposed amendment. A detailed description of the proposed Zoning Ordinance amendments for each policy and implementing program are provided in the Proposed Project section of this staff report. Bgtlgy-HOa: Promote a diversity of housing types, including single-family detached and attached residences, mobilehomes, multi-family rental and ownership units, second units, and units combined with non-residential uses. Prosram 4.2 o Change ZoningOrdinance definition of "Single room occupancy (SRO) living unit facility" to characterize these facilities as residential rather than commercial uses. o Separate the two types of SROs (SRO living unit facility and SRO residential hotel) within the Zoning Ordinance land use tables. o Clarify the language ZoningOrdinance to indicate that SROs would be permitted or would require an administrative permit, as indicated in the Land Use Regulations sections. Provision of Affordable Proqram 5.1 o Revise the Zoning Ordinance parking standards to provide reduced parking requirements for off-campus student housing. e Add definition of "Off-Campus Student Housing" and "Student Tenant."Policv HO-5: Minimize governmental constraints on the provision of housing that is affordable to lower income households. Prosram 5.4 o Amend the Zoning Ordinance to change the Conditional Use Permit requirement for density bonus projects to an Adminisfrative Permit. o Amend the Zoning Ordinance to clarify that the normal Administrative Permit procedures would appl¡ but the normal required findings for a densitv bonus proiect. Housins for Snecial Needs Poticv HO-14: Promote the provision of disabled-accessible units and housing for the disabled. Prosram 14.5 o Amend the Zoning Ordinance to provide reasonable accommodations for persons with disabilities. Policv HO-16: Prevent homelessness and support efforts to provide housing for the homeless. Prosram 16.1 ¡ Revise the Zoning Ordinance to allow emergency shelters that can house seven or more people in High Density Residential and Commercial districts. Prosram 16.2 o Add definition of permanent supportive housing in the Zoning Ordinance and clarify that transitional and supportive housing is permitted as a residential use. PROPOSED PROJECT The proposed project involves text amendments to the City of Rohnert Park Zoning Ordinance necessary for implementing housing programs required in the City's General Plan Housing Element. Listed below are the policies and corresponding programs of the Housing Element which involve amendments to the Zoning Ordinance. Also listed below each policy is a brief description of the proposed Zoning Ordinance amendment. The proposed Zoning Ordinance amendments are attached to Resolution No. 201l-XX as Exhibits Al-46. Policv: Balance of Housing Tvnes HO-4 Promote a diversity of housing t¡pes, including single-family detached and attached residences, mobilehomes, multi-family rental and ownership units, second units, and units combined with non-residential uses. Programs 4.2 Encourage the development of housing affordable to extremely low-income households. Single Room Occupancy (SRO) units are a good source of housing affordable to extremely low-income households. Amend the Zoning Ordinance to (l) define SRO units as residential instead of commercial facilities, and (2) provide incentives for SRO development such as reduced development standards and potential funding from the Housing Trust Fund. 4.3 Amend the Zoning Ordinance to update the design guidelines. Proposed Zoning Ordinance Amendments (Refer to Exhibit A1): Program 4.2 - To implement this program, an amendment to the definition of "Single room occupancy (SRO) living unit facility'' in Section 17.04.030 is are proposed. The revision changes the definition to characterize these facilities as residential rather than commercial uses. The definition of "single room occupancy (SRO) residential hotel" continues to be defined as a commercial facility. Current zoning regulations (Land Use Footnotes/Special Provisions) provide separate standards for development of SRO living unit facilities and SRO residential hotels in Section 17.07.020 (Z). However, in the Land Use Regulations (Chapter 17.06) both uses are combined as SROs. The proposed revision to the Zoning Ordinance would separate the two types of SROs clarifications within the land use tables as follows: o SRO living unit facility would require approval of an administrative permit in the Rural Residential/Rural Estate (R-WR-E), Residential-High Density (R-H), Regional Commercial (C-R) zoning districts and be permitted in the Mixed Use (M-U) zoning district subject to the standards in Section 17.07.020 (Z). o SRO residential hotel would require approval of an administrative permit in the Regional Commercial (C-R) zoning districts and be permitted in the Mixed Use (M-U) zoning district subject to the standards in Section 17.07.020 (Z). Lastly, the language in Land Use Footnotes/Special Provisions in Section 17.07.020 (Z) would be clarified to indicate that SRO living unit facilities and SRO residential hotels would be permitted or subject to an administrative permit as indicated in the Land Use Regulations sections. These revisions would be consistent with the change in definitions contemplated in the Housing Element and would utilize the standards developed for SROs within the Zoning Ordinance. Program 4.3 - Although this program calls for the updating of Design Guidelines, no guidelines currently exist within the Zoning Ordinance and none are proposed at this time. The policy is intended to promote a variety of housing types within the City. The housing types described in this policy are included in the Land Use Regulation tables by zoning district. ln addition, the Zoning Ordinance does address a variety of specific housing types and regulations to facilitate their development in the Land Use Footnotes/Special Provisions section (Section 17.07.020). Specifically, Section 17.07.020 (H) Density Bonus for Affordable Housing, Section 17.07.020 (P) Live/Work, Section 17.07.020 (a) Manufactured Housing, Section 17.07.020 (W) Residential Conversion to Non-Residential Uses, Section 17.07.020 (X) Second Residential Unit and Section 17.07.020 (Z) Single Room Occupancy. Current provisions in the Zoning Ordinance address this program and no change is proposed. Policies: Provision of Affordable Housine HO-5 Minimize governmental constraints on the provision of housing that is affordable to lower income households. Programs 5.1 Revise the Zoning Ordinance's parking standards to provide reduced parking requirements for student housing near Sonoma State University. 5.4 Amend the Zoning Ordinance to take away the CUP requirement for density bonus projects. Currently, projects that apply for density bonuses must also attain a CUP, even if without the density bonus, these projects would be allowed by-right. This amounts to a governmental constraint on providing affordable housing. 5.5 Amend the Zoning Ordinance to include for the provision of a hearing in the Administrative Permit process. Per State law, when development is subject to discretionary approval, the opportunity for a hearing should be provided. Proposed T.oningOrdinance Amendments (Refer to Exhibits A2 and A3): Prograrn J./ - To implement this program amendments to Definitions (Section 17.04.030) and Off-Street Parking Requirements (Section 17.16.030) are proposed. New definitions for "Off-Campus Student Housing" and "student Tenant" were added. Required off- street parking standards were added for Off-Campus Student Housing under Residential uses (Section 17.16.030 (A)). The proposed standards for a project meeting the parameters for off- campus student housing is % of a parking space per bedroom unit or occupant, whichever is greater. Program 5.4 - Cunently the Zoning Ordinance requires a Conditional Use Permit for density bonuses in all residential zoning districts. The procedures and standards for projects applying for an affordable housing density bonus is described in Section 17.07.020 (H). To implement this program an amendment to Section 17.06.030 is proposed to change the Conditional Use Permit requirement for an affordable housing density bonus to an Administrative Permit (AP) in all residential land uses. In addition, an amendment to Section 17.07.020(H) is proposed to clarify that while the procedures for an AP would apply for a request for a density bonus, the normal findings that apply to an AP would not apply to an AP for a density bonus. State law provides the findings that must be used in making the determination of whether to grant a density bonus, and those findings are restated in Section 17.07.020(H). This proposal does not affect other permit requirements for residential uses within the Rural ResidentiaVRural Estate (R-R/R-E), Residential-Low Density (R-L), Residential-Medium Density (R-M) and Residential-High Density (R-H). Program 5.J - This program calls for the addition of a hearing in the Administrative Permit process. The Administrative Permit procedures are described in Chapter 17.25 Article V and include the provisions under which a hearing would occur. No change to the Zoning Ordinance is necessary to implement this program. Policies: Housine for Snecial Needs HO-14 Promote the provision of disabled-accessible units and housing for the disabled. Programs 14.5 Amend the Zoning Ordinance to allow staff approval of development standard modifications for features needed to accommodate persons with disabilities (e.g. wheelchair ramps that encroach into required yards). HO-16 Prevent homelessness and support efforts to provide housing for the homeless. Programs 16.l 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. High Density Residential and Commercial districts make up nearly 20 percent of the City's acreage. Potential shelter locations include the following sites that may become available after construction of the new City hall: former finance office building, and any school sites determined to be surplus. See discussion of emergency shelter need in the Special Needs Housing section, page9.3-23. 16.2 Include definition of permanent supportive housing in the Zoning Ordinance and clarify that transitional and supportive housing is permitted as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. While the Zoning Ordinance already contains a definition of transitional housing, it does not provide a definition of supportive housing nor does it clarify that transitional and supportive housing should be treated the same as other residential uses in the same zone. Proposed Z,oningOrdinance Amendments (Refer to Exhibits A4' 45, and A6): Program 14.5 - This program recommends that staff be permitted to allow modiflrcations to some development standards to accommodate housing features needed for persons with disabilities. The ordinance amendment proposed adds Section 17.10.080 "Reasonable Accommodation" to provide reasonable accommodations in the zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. This section also complies with the provisions under the Federal Fair Housing Act and the Califomia Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. The section which allows for the potential exemption from setback requirements and other development standards for the disabled would require that an application for exemption be submitted. The procedure for application submittal and approval is described. Program 16.1 - This program would allow emergency shelters accommodating 7 or more persons be permitted rather than conditionally permitted in the High Density Residential and Commercial zoning districts. Guidelines with regard to the siting of housing facilities for the homeless in Section 17.07.020 (M) would be changed to eliminate the conditional use permit requirement. Specific revisions to Sections 17.06.030 and 17.06.060 allow emergency shelters that can house seven or more people as permitted uses in High Density Residential and Commercial districts are proposed. Program 16.2 - To implement this program changes and additions to Section 17.04.030 are proposed. The definition of "Transitional Housing" has been clarified as a residential use. In addition, a definition of "Supportive Housing" has been added. ENVIRONMENTAL REVIEW In accordance with the Califomia Environmental Quality Act, an Initial Study was prepared to determine whether the City of Rohnert Park General Plan Housing Element update and its included goals, policies, programs, and objectives would have a significant adverse effect on the environment. On the basis of that study, it was determined that the update of the Housing Element would not have a significant adverse effect on the environment without implementation of mitigation measures, and a Negative Declaration was prepared. The Negative Declaration was circulated for public review between August 31,2009 and September 29,2009 and adopted by the City Council on May I l, 2010. PUBLIC NOTIFICATION AND INFORMATION A public hearing notice denoting the time, date, and location of this hearing was published in the Communíty Voíce on October 14,2011. RECOMMENDED ACTIONS Staff recommends that the Planning Commission provide recommendations to the City Council regarding: l. Resolution No. 20ll-23 recommending approval to the City Council for amendments to the text of the Zoning Ordinance. ATTACHMENTS A. Resolution No. 20ll-23 recommending approval to the City Council for amendments to the text of the ZoningOrdinance. APPROVALS Marilyn Ponton, Planning and Building Manager Date