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HomeMy WebLinkAbout2003-0106 Response to Appeal 1030 SOUTHWOOD DRIVE SAN LUIS OBISPO RECEIVED CALIFORNIA 93401 ECONOMIC OPPORTUNITY • COMMISSION * SINCE 1965 (805) 544-4355 FAX(805) 549-8388 CITY OF ATASS(180EH0 May 19, 2004 Wade McKinney, City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA P3422 Dear Mr �Vl" iiney: Enclosed please find our written response to all comments and issues raised in the appeal of the Planning Commission's approval of our Conditional Use Permit(CUP2003-0106) for the North County Shelter project. Time is of the essence with this project so we appreciate that our hearing has been scheduled for the June 8, 2004 City Council meeting. If you have questions, please contact Mel Rosenblat, Director of Administration, at 544-4355 x 182. We look forward to the Council meeting on June 8. Sincerely,,4 Elizabeth S"'Biz"" inberg S Chief Executive fficer cc: Marcia Torgerson Enclosure as indicated 0 Child Care Resource Connection•Emergency Services•Energy Conservation• Weatherization Services• •Family Planning Services*Head Start 9 Homeless Shelter-Migrant Child Care*Senior Health Screening*Teen Parenting Program • 10 United Way ECONOMIC OPPORTUNITY COMMISSION OF SAN LUIS OBISPO COUNTY RESPONSE TO APPEAL OF ATASCADERO PLANNING COMMISSION'S APPROVAL OF CUP 2003-0106 FOR NORTH COUNTY OVERNIGHT SHELTER On April 20, 2004, The Atascadero Planning Commission approved CUP 2003-0106, establishing an overnight shelter, based on findings and subject to conditions and exhibits as found in Resolution PC 2004-0043. In doing so, the Planning Commission followed the recommendations of the staff report, which stated in part: "The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review land use proposals, including architectural design, site design, landscape, and specific standards of the Zoning Ordinance. There are five findings of approval that the Planning Commission is required to make for the approval of a Conditional Use Permit... ...The proposed overnight shelter is consistent with the goals and policies of the City's Housing Element of the General Plan. The project has been conditioned to integrate appropriately within the context of the surrounding uses and meets all site development and appearance review requirements of the zoning ordinance." As an alternative to approving CUP 2003-0106, the staff report stated that the application could be denied, but with the following caveat: "If the Planning Commission denies the project it must be based on the inability to make one of the five required finding. The motion must include the finding for denial to be legally valid." On May 4, 2004, an appeal of the Planning Commission's actions was filed. The appeal addressed four of the five findings in the staff report. Based on a review of those findings, the Appellant maintained that the appropriate findings have not been made. EOC has reviewed the appeal, and has determined that the issues raised are without merit, as described below. 1 FINDING#1 From the Staffs Conditional Use Permit Findings: "I. The proposed project is consistent with the General Plan." Staff Comment: "The use is consistent with the goals of the Housing Element as described in the analysis, specifically Goal HOS 6 and Policies HOS 6.1.3, 6.1.4, and 6.1.5." The Appellant states on page 1: "This finding cannot be made because: a. The Multi Family Shelter use of the property is inconsistent with the current Residential Suburban designation of the proposed location. ...This multifamily project is inconsistent with all the surrounding land uses. " EOC Response: The City's General Plan clearly defines certain terms: "Multifamily Building: A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites." This definition does not apply to the proposed development. The Appellant states on page 1: "b. Approval of the CUP does not meet the goal [of the] General Plan specifically HOS 6...is to provide more long term affordable housing not homeless shelters. " EOC Response: Policy 6.1.3 of the General Plan Housing Element states: "3. Cooperate with non-profit housing and social service agencies and pursue grants for providing housing opportunities for special needs groups, such as the homeless and battered women." Homeless families and individuals transition through EOC's Homeless Services Case Management program; this is an essential step in moving into housing. An overnight shelter is a `housing opportunity' for the homeless, albeit temporary, as stated by the Appellant in `c' below. The Appellant states on page 1: "c. An Emergency Homeless Shelter is contrary to the ultimate goal of the Housing Element because it provides temporary homes not permanent homes. " EOC Response: The General Plan Housing Element states: "State housing element law requires the analysis of the special housing requirements of persons and families in need of emergency shelter, and identification of adequate sites that will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate the development of emergency shelters and transitional housing." 2 i EOC agrees that the ultimate goal is to have every family and individual safely residing in decent affordable housing. Until that time the need for overnight shelter facilities will continue. FINDING#2: From the Staffs Conditional Use Permit Findings: "2. The proposed use satisfies all applicable provisions of the Zoning Ordinance." Staff Comment: "Residential Care Facilities are conditionally allowed uses in residential zones. As conditioned, the project satisfies all zoning code provisions." The Appellant states on page 2: "This Finding cannot be made because: a) ...While Residential Care Facilities are a conditionally allowed use...an overnight shelter does not fit...such that facilities are required to provide 24 hour care... " EOC Response: The source for this statement was not provided, and no such statement could be found in any part of the City's General Plan, or in the State code governing such facilities. The Appellant states on page 2: "b) California State Health and Safety Code—Section 1267.9 Over concentration — Health Facilities: New facilities must be 300 feet or more from existing residential Health or Community Services. Congregate living facilities must be 1000 feet or more from other existing facilities. Health and Safety Code Section 1250.5 ...reads the same as 1267.9. " EOC Response: The referenced section (1267.9) is a section of Division 2 `Licensing Provisions', Chapter 2, `Health Facilities'. The proposed facility is not a health facility and therefore is not covered by the referenced section, attached in its entirety to this document. No reference could be found in Section 1250.5 of the California State Health and Safety code, which reads in its entirety "1250.5 `Council' means the Advisory Health Council." The Appellant states on page 2: "c) The Head Start Day care is a `Community Service'and therefore inconsistent with this code. " EOC Response: See EOC response above with reference to the applicability of this code. The Appellant states on page 2: "d) The caretaker home is not allowed in residential zones unless it is for personal [use] of the homeowner. " 3 EOC Response: Atascadero's Municipal Code clearly addresses this issue, and allows the use of a caretaker residence by a lessor: "9-6.104 Caretaker residence. One permanent accessory dwelling is permitted... (b) Status of Caretaker. The resident of the dwelling shall be the owner or lessor, or an employee of the owner or lessor of the site." FINDING#3 From the Staffs Conditional Use Permit Findings: "I The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use." Staff Comment: "Staff has worked closely with the City Police Department and EOC to identify any potential neighborhood conflicts that might arise. As conditioned with rigorous enforcement, the proposed overnight shelter should not be detrimental to the general public or working people's health, safety, or welfare. All clients must be kept within the building or the secure patio area upon arrival at the shelter site. Clients are not permitted onsite or within the neighborhood beyond the shelter's operating hours of 6:30 p.m. to 7:30 a.m. Clients must be transported to County Regional Transportation Centers upon the closing of the shelter in the mornings. The Appellant states on pages 2-3: "This Finding cannot be made because: a) ...The following are the conditions that EOC changed which cause the shelter to be an even greater threat to Atascadero residents. Condition #6: ...EOC gained the ability to overlap uses between the preschool operating hours and the shelter operating hours as they see fit. This will allow for direct contact between preschoolers and `clients'. " EOC Response: Condition#6 clearly indicates that children will at all times be under the care and control of a parent, guardian or EOC staff member. The Appellant states on page 3: "Condition #21 ...All shelter clients be screened by the County Sheriff's Department for sex offender status by the next available date...This change puts the health, safety, and welfare of other shelter occupants,...and the immediate neighborhood at risk. ... it is imperative that screening be done on a very strict regular and consistent basis. This is in direct contradiction to the security goals of the Police and City Staff. " 4 EOC Response: Condition 21 reflects language and conditions developed jointly by City staff, the interim Police Chief and EOC staff. This language was developed to allow the greatest flexibility should methods of screening improve, up to and including the possibility of"real time" screening, while meeting the security needs and goals of both the City, the shelter and the child care centers. The Appellant states on page 3: "Condition #27...EOC and Planning Commission...change this condition [from one requiring cameras in indoor common areas] to read, `All (only) outdoor areas of the shelter shall be monitored by security cameras. ' ...this is a direct preference over neighborhood safety. ' EOC Response: EOC staff and volunteers feel that cameras in the indoor areas of the shelter are intrusive without adding to the security of the neighborhood, which is addressed by the outside cameras. City staff and the Planning Commission agreed with this and thus changed the language in the final condition accordingly. The Appellant states on page 3: "Condition #32...agreed to allow late arrivals to enter the shelter from a yet to be determined `Offsite pickup plan. ' . . . but also allow them to enter independently leaving a gap in the safety conditions." EOC Response: Condition 32 does not allow clients to arrive independently; at the hearing on this CUP the Planning Commission determined that Condition 32 is to clearly state: "...Any late arrivals shall meet shelter personnel as detailed in an `offsite pickup plan,' approved by the City Police chief and be escorted to the site." (Emphasis added.) The Appellant states on page 3-4: "Condition #34 This means that clients of the Homeless Shelter, regardless from where they come, will stay in Atascadero. " EOC Response: At the hearing on this CUP the Planning Commission determined that Condition 34 shall read: "Condition#34...all shelter clients, without vehicles, shall be transported offsite per a regional transportation plan to be developed and approved by the City Police Chief." (Emphasis added.) If clients wish to return to Paso Robles or other areas for jobs, school or other activities, that will be facilitated. Clients with duties and responsibilities in Atascadero will be facilitated in reaching their destination. Nowhere is it stated that clients without vehicles shall stay in Atascadero. Additionally, the offsite transportation plan must be approved by the Police Chief who, according to Condition 34 "may review and amend this plan on an `as needed' basis." 5 The Appellant states on page 4: "b) The establishment, and subsequent operation of the Emergency Overnight Shelter will be detrimental to the health, safety and welfare of persons residing in the neighborhood. " EOC Response: EOC, City staff including the interim Police Chief, and the Planning Commission feel that the 54 conditions placed on the project adequately protect the health, safety and welfare of "...the general public or persons residing or working in the neighborhood of the use..." The shelter site is surrounded on three sides by a six foot fence; access is only from El Camino Real; the facility will have exterior lighting sufficient only to provide security; there will be no outside activities after 10:00 p.m.; no daytime usage by clients; and no clients on site outside Shelter hours or without staff supervision. The Appellant states on page 4: "c) The presence of the shelter will have an adverse affect on the market value of properties on Santa Cruz Road...and will therefore force a lower selling price to the homes. " EOC Response: The Planning Commission, City staff, and EOC disagree. From the staff report: "As conditioned with rigorous enforcement, the proposed overnight shelter should not be detrimental to the general public or working people's health, safety, or welfare." The only moderately comparable situation is that of the Villa Rosa development in San Luis Obispo, which is the closest residential development to the Maxine Lewis Memorial Shelter, also operated by EOC. In 1999, the median home sale price in this development was $195,900; in 2003, $392,000. This reflects a four-year increase of more than 100%, which in fact outpaces the countywide real estate appreciation of approximately 84% in the same time period. It is therefore difficult to determine exactly what effect, if any,the development of this shelter will have on neighborhood real estate values and appreciation. FINDING#4 From the Staffs Conditional Use Permit Findings: "4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development." Staff Comment: "As conditioned, the proposed use is located in a transitional area between commercial and residential zoning districts. The preschools have been onsite for a number of years and are a part of the existing neighborhood. All access is limited to El Camino Real and as conditioned, the project would not impede on the residential areas of Santa Cruz Road." The Appellant states on page 5: ­a) The proposed project is inconsistent with the character of the immediate neighborhood because Santa Cruz Road is zoned as Suburban Residential...and an Emergency Overnight Shelter is Multi Family living. " 6 EOC Response: As stated above, the City's General Plan clearly defines certain terms: "Multifamily Building: A detached building designed and used exclusively as a dwelling by three or more families occupying separate suites." This definition does not apply to the proposed development. The Appellant states on page 5: "b) . . . The implication of a `transitional area'does not make null and void the pre established and official zoning of Residential Suburban. " EOC Response: From the staff report: "The overnight shelter is defined as a Residential Care Facility, which is a conditionally allowed use in the RS Zone." The use is allowed, and nothing in the application makes "null and void" the "official zoning of Residential Suburban. " "EHAP APPLICATION DISCREPANCIES" The Appellant also raised issues with"EHAP Application Discrepancies". The Appellant states: "EHAP Application Discrepancies are as follows: Page 8, Item #H Although beds are given a priority list the EOC has declared that `no bed goes unfilled because of priority status. All beds are filled each night. ' Public Workshop meetings it was stated by the EOC that the floor plan remain flexible so as to be able to switch dormitories between single men and women with children just in case the number of single me[n] is larger than the number of women with child[ren]. " EOC Response: EOC case managed clients are given a priority bed. No bed goes unfilled because of priority status. All beds are filled each night. This means if a client has a priority bed but does not come to shelter intake on a given night, that bed will not be left vacant but will be filled that night by another client with high priority. Further, the floor plan needs to remain flexible so that we may accommodate different groupings of individuals and families. This does not mean that EOC anticipates serving more single men than families or single women. 7 The Appellant states: "Pages 11, 13 Item #3a and 18 Item 4D1 e and page 16 4e and Page 20 and 22-B Item M.I.I. EOC's plan to provide expanded facilities and services are mentioned in these sections. " EOC Response: EOC has no "plan" to provide expanded facilities and services. The EHAP application was submitted in February 2001, describing the shelter design and strategy that were envisioned at that time. Based on community input during the three community workshops, EOC's shelter strategy was modified to eliminate expansion of the facilities or services. The Appellant states: "Page 13 Item #3b Despite the EOC's public claims that the homeless population is primarily women with children, the elderly and families, the statistics given to the State claim the opposite. " EOC Response: The EHAP application clearly stated that the statistics shown were for the existing Homeless Shelter in San Luis Obispo which served clients from all over the county. The type of clients to be served by the North County Shelter could not be anticipated in February 2001 when the application was submitted. The Appellant states: "Page 14 Item #3d It is stated that the North County `has almost no public transit so the new Shelter will need a strong transportation strategy to ensure that homeless persons can utilize critical services. ' Please see proposed Condition #34 and approved condition #34. " EOC Response: The transportation strategy mentioned in the EHAP application is consistent with the final language of Condition 34; i.e.: At the hearing on this CUP the Planning Commission determined that Condition 34 shall read: "Condition #34...all shelter clients,without vehicles, shall be transported offsite per a regional transportation plan to be developed and approved by the City Police Chief." (Emphasis added.) The Appellant states: "Page 16 Item #4f The EOC states that they do not expect any current funding to become unavailable, however, The City of Atascadero is on record saying it is unable to provide funding for 8 the operation of this project. Paso Robles is uncommitted to establishing the consistent funding for this project for the next several years. This leaves a dangerous gap in the EOC's financial stability and therefore the stability of the shelter. " EOC Response: Operations funding is not a land use issue and is therefore not relevant to the approval of this Conditional Use Permit. The Appellant states: "Page 30 Appendix G The expenses tabulated by the EOC confirm its dependence on large amounts of funding from CDBG funds, Cityfunding, and In-Kind Commitments. The EOC has asked for$200,000 from the North County but that is hardly enough to operate at the projected expenses causing greater financial burden on Atascadero. " EOC Response: Operations funding is not a land use issue and is therefore not relevant to the approval of this Conditional Use Permit. 9 M California State Health and Safety Code. 1267. 9. (a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations of intermediate care facilities/development ally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, congregate living health facilities, or pediatric day health and respite care facilities, as defined in Section 1760.2, which impair the integrity of residential neighborhoods. Therefore, the director shall deny an application for a new intermediate care facility/developmentally disabled habilitative license, a new intermediate care facility/developmentally disabled-nursing license, a congregate living health facility, or a pediatric day health and respite care facility license if the director determines that the location is in such proximity to an existing intermediate care facility/developmentally disabled habilitative, an intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility as would result in overconcentration. (b) As used in this section, "overconcentration" means that if a new license is issued, either of the following will occur: (1) There will be intermediate care facilities/developmentally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, residential care facilities, as defined in Section 1502, or pediatric day health and respite care facilities which are separated by a distance of less than 300 feet, as measured from any point upon the outside walls of the structures housing the facilities. (2) There will be congregate living health facilities serving persons who are terminally ill, diagnosed with a life-threatening illness, or catastrophically and severely disabled, as defined in Section 1250, which are separated by a distance of less than 1, 000 feet, as measured from any point upon the outside walls of the structures housing the facilities. Based on special local needs and conditions, the director may approve a separation distance of less than 300 feet or 1, 000 feet, whichever is applicable, with the approval of the city or county in which the proposed facility will be located. (c) At least 45 days prior to approving any application for a new intermediate care facility/developmentally disabled habilitative, a new intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility, the director shall notify, in writing, the city or county planning authority in which the facility will be located, of the proposed location of the facility. (d) Any city or county may request denial of the license applied for on the basis of overconcentration of intermediate care facilities/developmentally disabled habilitative, intermediate care facilities/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility. (e) Nothing in this section authorizes the director, on the basis of overconcentration, to refuse to renew an intermediate care facility/development ally disabled habilitative license, an intermediate care facility/developmentally disabled-nursing license, a congregate living health facility license, or a pediatric day health and respite care facility license, or to refuse to grant a license upon a change of ownership of an existing intermediate care facility/developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing, a congregate living health facility, or a pediatric day health and respite care facility where 10 v + there is no change in the location of the facility. (f) Foster family homes and residential care facilities for the elderly shall not be considered in determining overconcentration of intermediate care facilities/developmentally disabled-habilitative, intermediate care facilities/developmentally disabled-nursing, residential care facilities, as defined in Section 1502, congregate living health facilities, or pediatric day health and respite care facilities. 11