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HomeMy WebLinkAboutPC Resolution 2019-0019Er PC RESOLUTION 2019-0019 EMERGENCY OVERLAY ZONE AUG 6 2019 ZONING CODE TEXT AMENDMENT CITY of ATASCADER® PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT TEXT AMENDMENTS TO THE EMERGENCY SHELTER OVERLAY ZONE EMERGENCY SHELTER OVERLAY ZONE AMENDMENTS EL CAMINO HOMELESS ORGANIZATION (ZCH19-0060) WHEREAS, an application has been received from El Camino Homeless Organization (ECHO), 6370 Atascadero Mall, Atascadero, CA 93422, Applicant and Owner, to consider Planning Application ZCH 2019-0060 to amend Emergency Shelter Overlay Zone text, Atascadero Municipal Code Section 9-3.504; and WHEREAS, City Staff has reviewed the Emergency Shelter Overlay Zone amendments and recommends that the Planning Commission recommend that the City Council adopt the proposed amendments; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA), have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on August 6, 2019, studied and considered ZCH19-0060. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Emergency Shelter Overlay Zone Text Amendment: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2019, resolved to recommend that the City Council introduce for first reading, by title only, an Ordinance that would amend the Emergency Shelter Overlay Zone Text as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findinjzs. The Planning Commission makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Emergency Shelter Overlay Zone text amendment is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the Emergency Shelter Overlay Zone in accordance with the adopted General Plan for the compatible use of the property based on neighborhood characteristics. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. CEQA. The proposed zoning text change is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2019, resolved to recommend that the City Council introduce for first reading, an ordinance that would amend the Atascadero Municipal Code to amend the Emergency Shelter Overlay text as detailed in Exhibit A, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairperson Zirk, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Beraud, Wolff, Dariz, Zirk (5) NOES: None ABSTAIN: None ABSENT: van den Eikhof, Shaw ADOPTED: August 6, 2019 Attests: Phil Dunsmore Planning Commission Secretary (0) (0) (2) CITY OF ATASCADERO, CA Tom Zirk Planning Commission Chairperson EXHIBIT A: Amended Emergency Shelter Overlay Zone ZCH 19-0060 Article 23. ES (Emergency Shelter) Overlay Zone 9-3.501 Purpose. The Emergency Shelter Overlay Zone identifies areas where emergency shelters may be permitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007) and the Housing Element. (Ord. 571 § 1, 2013) 9-3.502 Applicability of emergency shelter standards. The standards of this article apply to emergency shelters located in the Emergency Shelter Overlay Zone. The emergency shelter overlay zone is applicable to the following zoning district(s) or site specific area(s): (a) Assessor Parcel Number (APN) 030-341-013. (Ord. 571 § 1, 2013) 9-3.503 Minimum site design and development standards. An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards: (a) Minimum Site Area. One (1) gross acre is the minimum site area. (b) Intake Location. The shelter intake area must be set back a minimum of twenty (20) feet from the rear property line. Rear property line is defined as Lot A of San Luis Obispo County Parcel Maps Book 23, page 76. (c) Parking. (1) One (1) vehicle parking space per five (5) beds must be provided on-site. (2) One (1) bicycle space per ten (10) beds must be provided on-site. (3) One (1) vehicle space per employee must be provided on-site. (4) Parking area must be shown in a site plan. Parking area must be paved. (5) Parking area must be lit for security purposes with permanent lighting consistent with Section 9-4.137 of the Atascadero Municipal Code. (6) Sleeping in or occupying vehicles as a residence is not permitted on the site. (d) Landscaping and Fencing. (1) Perimeter Fencing. Perimeter fencing is required on a per site basis subject to review and approval by the Design Review Committee. The following perimeter fencing is required for approved shelter(s): (i) Assessor Parcel Number (APN) 030-341-013. A solid masonry wall eight (8) feet in height must be located on the rear property lines. This solid masonry wall must be a minimum six (6) feet in height measured from the finished grade of the adjacent property owner. The rear masonry wall must be constructed within twelve (12) months from the date of ordinance adoption. A solid wall or fence six (6) feet in height must be located on the side property lines. Fencing within the front setback must follow the requirements of Section 9-4.128. (2) Play areas for children are to be fenced to prevent uncontrolled access to and from the site. Fencing shall not include any solid materials and must be consistent with the California Building Code. (3) On-site landscaping must be installed and maintained in compliance with the multifamily zoning district requirements in Section 9-4.125. (4) Outdoor areas (yards) must be kept clean and free of debris. (Ord. 571 § 1, 2013) 9-3.504 Operating standards. The following operating standards apply to emergency shelters: (a) Emergency Shelter Operator. Each shelter shall be operated by an agency or organization with experience in managing or providing social services. (b) Maximum Number of Beds. An emergency shelter shall have a maximum number of beds for overnight clients served by the facility. This limitation on client beds does not include accommodations for management, employees, or volunteers. The following is the maximum number of client beds for approved shelter(s): (1) Assessor Parcel Number (APN) 030-341-013: sixty (60) beds. (c) On -Site Management and Supervision. (1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one (1) on duty supervisor for every thirty (30) overnight shelter clients during the operating hours. (d) Operating Hours. (1) Assessor Parcel Number (APN) 030-341-013. Shelter hours of operation are limited to between 4:00 p.m. and 9:00 a.m. Shelter clients and the general public is not permitted on the premises outside these hours unless otherwise permitted by the approval of a conditional use permit per section (h). Exceptions: (i) Temporary shelter clients are permitted on the premises during hours of operation. (ii) Operator staff, board members, and contractors are not subject to any time restrictions. (iii) Special Activities. Up to one special function per month is allowed for Non -Shelter Clients by appointment and under supervision of ECHO Staff. ECHO may hold additional special functions (in excess of one per month) with City staff approval in writing. These functions may include but are not limited to: a. Fundraisers (not involving shelter clients); b. Neighborhood open houses (not involving shelter clients); c. Neighborhood meetings (not involving shelter clients); d. Holiday events for shelter clients; and e. Official government enumeration surveys involving shelter clients. (e) On-site Management Plan Contents. The operator must prepare and follow an on-site management plan that must include the following: (1) Rules. A list of rules and regulations for overnight clients. (2) Logs. Provide a methodology for tracking the number of overnight clients. (3) Security and safety plan that will address security and safety of occupants, loitering control and management of outdoor areas. (4) Types and descriptions of programs offered on-site. (5) Required On -Site Signage: (i) No loitering signs (ii) No trespassing sign (iii) No camping signs (6) Identify a neighborhood liaison and provide the contact information for the liaison. (7) Hold at least two (2) neighborhood meeting each calendar year. (8) A dispute resolution process for any neighborhood issues that may arise. (9) Mechanisms for enforcement. (f) Management Plan Submittal—Approval and Review. (1) The initial management plan must be submitted within sixty (60) days of approval of the overlay zone change and thereafter must be submitted for review by the City annually on February 1 st of every year. (2) The initial management plan must be approved by the City Council. (3) Annual Review. The management plan will be reviewed annually by staff. Updates to the Operation Management Plan will be forwarded to the City Council for review at a public hearing. (g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number (APN) 030-341-013). Any on-site meal program that is open to the general public (Open Meal Program) is an ancillary use subject to the approval of a conditional use permit under Section 9- 2.110 of this code. Any such approved Open Meal Program shall abide by the following operating standards: (1) Hours of Operation. Open Meal Program service operating hours shall be between 4:00 p.m. and 6:00 p.m., daily. Non -Shelter Client participants shall vacate the site no later than 6:15 p.m. (2) The operator shall take reasonable steps to prevent meal recipients from congregating in and around the site at all times to minimize adverse impacts on adjacent properties. (3) Employees and Volunteers. In addition to the required staffing listed in 9-3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one (1) employee or trained volunteer for every ten (10) meal program participants. The operator shall provide training to all volunteers and employees. (4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal Program shall include a minimum of one (1) outdoor monitor to supervise participants in the rear of the property and one (1) outdoor monitor to supervise participants in the front of the property. Outdoor monitors shall be considered employees or volunteers for the staffing ratio purposes listed in 9-3.504(h)(3). (5) Number of Participants Served. The maximum number of participants in the meal program shall not exceed eighty (80) persons served in one (1) day. This includes both temporary overnight shelter clients, and non -shelter client participants (general public). (6) Participant Screening. All Open Meal Program participants must be screened by the operator prior to admission for meal service. (7) Log of Participants. A log of Open Meal Program participants is required to be kept daily. The operator must make reasonable efforts to collect the following information: (i) Legal name (ii) Date of birth (iii) Housing status (8) Review of Open Meal Program Participants. The operator must make available a log of Open Meal Program participants for periodic review by the City. (9) Neighborhood Dispute Resolution Process. If the operator fails to follow these operating standards or any other conditions of approval, disputes regarding such alleged violations or other impacts on the neighborhood will be addressed as set forth in this subsection. (i) Any complaints shall first be reported to the neighborhood liaison. (ii) If a resolution does not occur, any complaint may be submitted as a code violation complaint to the City. (iii) Repeated violations to these operating standards or the conditions of approval may result in a review of the operation of the shelter or the Open Meal Program by the City Council. Following such review, the City Council may amend these provisions to further regulate the shelter and Open Meal Program, including the possible suspension or revocation of the Open Meal Program. (h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to provide additional services or programs, including daytime service programs beyond those described in subsection (d)(1).