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AGENDA BILL Agenda Item No. 6(B) Date: December 16, 2014 To: El Cerrito City Council From: Margaret Development Services Manager Subject: Approval of various proposed Zoning Ordinance Text Amendments RECOMMENDATION Conduct a public hearing and upon conclusion, introduce by title, waive any further reading and approve an ordinance amending Chapters 19.06, 19.07, 19.46 and 19.47 of the El Cerrito Municipal Code to propose the amendment of three definitions: Supportive Housing, Transitional Housing and Lot Line Types and integrate the changes into the Zoning Ordinance. BACKGROUND Title 19 of the El Cerrito Municipal Code is also known as the Zoning Ordinance. California Government Code Section 65853 establishes a series of steps necessary to amend a City’s Zoning Ordinance; these steps are also noted in Section 19.40 of the El Cerrito Municipal Code. At various times throughout the year, planning staff will bring before the Planning Commission proposed text amendments for their consideration and potential recommendation to the City Council. The purpose of this staff report is to propose the amendment of three definitions: Supportive Housing, Transitional Housing and Lot Line Types and integrate those changes into the Zoning Ordinance. DISCUSSION In the Housing Policy Program section of the 2007-2014 Housing Element, the City stated in Program 15.6 that the Zoning Ordinance would be updated to include a definition of Transitional and Supportive Housing as defined in Health and Safety Code Sections 50675.2 and 50675.14. The intent of this action was to clearly define these uses and to allow them wherever identical residential uses are allowed. Transitional Housing Current Definition/Use Classification: Transitional Housing. Establishments that provide temporary housing in a structured living environment and where residents have access to various voluntary support services, such as health, mental health, education and employment/training services to obtain skills necessary for independent living. Living accommodations are shared living quarters with or without separate kitchen or bath facilities for each room or unit. The occupancy period shall be ---PAGE BREAK--- Agenda Item No. 6(B) Page 2 at least 30 days. This category excludes temporary housing that does not include support services and community social service facilities such as emergency shelters. Proposed Definition: Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require (call for) the termination of assistance and recirculating (recirculation) of the assisted unit to another eligible program recipient at (some) a predetermined future point in time that (which) shall be no less than six months from the beginning of assistance. The actual text of Health and Safety Code Sections 50675.2 is different and shown above in italics. Staff believes that the modified language is substantially compliant with the noted code section as well as clearer to understand. Staff also notes that these definitions were included in the Definitions Section of the newly adopted San Pablo Avenue Specific Plan. Supportive Housing Current Definition: There is no current definition for Supportive Housing in the Definitions Section of the Zoning Ordinance. There is a somewhat similar definition/use classification entitled Community Social Service Facilities. It reads: Any noncommercial facility, such as homeless shelters, emergency shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, and/or laundry facilities, typically for less than 30 days. Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term. Proposed Definition: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community. This is the verbatim text of Section 50675.14 of the Health and Safety Code. In addition to the changes to the definitions themselves, a number of minor amendments are required to enable these definitions/land use classifications to be applied consistent throughout the rest of the Zoning Ordinance. This includes the land use tables for both the residential and commercial, transit oriented, mixed use tables. These notations are shown on Attachment 1. Lot Line Types The purpose of the third amendment is to allow the Zoning Administrator the authority to make determinations as to front, rear and side lot lines on a case by case basis. Most of the parcels in El Cerrito are rectangular and abut a public right of way along one or ---PAGE BREAK--- Agenda Item No. 6(B) Page 3 two of its sides. Also, most of the single family detached homes are situated such that the front of the dwelling is parallel to the shorter lot line that is adjacent to the right of way. The existing definition of Lot Line Types addresses these types of lots very well. However, over the years, staff has noted irregular shaped lots and unusual configurations of parcels, right of ways and dwellings that did not relate well to this definition. This distinction is important in that it affects the length of required setbacks from property line and potentially, fence heights. One good example of this issue was the recent Variance application that came before the Planning Commission last month. In that application, the Clark Place right of way terminated on the southern property line. Using the existing definition, that requires the southern property line to be declared the front property line. However, by the location of the property in the context with all the other lots on the street, and by the location of the existing house on the lot, common sense would dictate that it was a side lot line. While it was clear to staff that this lot line was intended to be the side lot line, without this text amendment we did not have the authority to make that interpretation. This resulted in the necessity of the Variance application in order for staff to be able to approve the expansion of the existing house. Other common examples related to fences include when a home is situated sideways on a corner lot or on a through lot. The current definition does not allow the staff to approve fence heights that would maximize privacy in the actual rear of the lot or to orient the fence to the actual front of the house. Current Definition Front Lot Line. The side of a lot that abuts a public street. For corner lots, the shortest side fronting upon a street is considered the front of the lot regardless of which street is used for vehicle, pedestrian access or addressing. Interior Lot Line. A lot line not adjacent to a street. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing setbacks and measuring rear yard depth. Side Lot Line. Any lot line not a front lot line or a rear lot line. Proposed New Text: Staff recommends the following additional text: In case of unusual circumstances, the Zoning Administrator may use their discretion to re-assign Front, Side and Rear Lot Line Types in a way that best serves the spirit and intent of Zoning Ordinance. ---PAGE BREAK--- Agenda Item No. 6(B) STRATEGIC PLAN The amendments are consistent with Goal C of the City's Strategic Plan by furthering the strategy of promoting strong neighborhoods. LEGAL CONSIDERATIONS The City Attorney has reviewed and approved the reports and attachments as to form. Reviewed by: Scott Hanin, City Manager Attachments: 1. Draft Ordinance Amendment Page 4 ---PAGE BREAK--- Agenda Item No. 6(B) Attachment 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING TITLE 19 OF THE EL CERRITO MUNICIPAL CODE TO AMEND DEFINITIONS RELATING TO SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOT LINE TYPES SECTION 1. RECITALS A. On November 19, 2014, the Planning Commission, by Resolution PC 14-18, considered various Zoning Text Amendments relating to definitions pertaining to supportive housing, transitional housing and lot line types, and recommended that the City Council consider and adopt the amendments; and B. On November 19, 2014, the Planning Commission, by Resolution PC 14-18, also considered and accepted the determination that the application is categorically exempt from review under CEQA pursuant to Section 15061(b)(3), Review for Exemption (General Rule Exemption), because it can be seen with certainty that the project will not have a significant effect on the environment; therefore the project is not subject to CEQA. SECTION 2. MUNICIPAL CODE AMENDMENT THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN THAT THE FOLLOWING SECTIONS OF TITLE 19 OF THE EL CERRITO MUNICIPAL CODE ARE AMENDED TO READ AS FOLLOWS (underlined text indicates text that is added and strikeout indicates the deletion of text): A. Section 19.06.020 – Residential Land use regulations is hereby amended to read as follows: Inserted below Table19.06- A USE REGULATIONS – RESIDENTIAL DISTRICTS Transitional and Supportive Housing are allowed in all zoning districts under the same standards as other types of permitted residential uses. B. Section 19.07.020 – Commercial and Transit Oriented Mixed-Use Districts - Land use regulations is amended to read as follows: Inserted below Table19.07- A Transitional and Supportive Housing are allowed in all zoning districts under the same standards as other types of permitted residential uses. C. Section 19.07.020 - Land use regulations, Table 19-07A is amended to remove the reference to Transitional Housing, as follows: Transitional Housing L-2 and L-6 C ---PAGE BREAK--- D. Section 1 9 . 4 6 . 0 3 0 - USE CLASSIFICATIONS is amended to remove text as follows: Transitional Housing. Establishments providing temporary housing in a structured living environment and where residents have access to various voluntary support services, such as health, mental health, education and employment/training services to obtain skills necessary for independent living. Living accommodations are shared living quarters with or without separate kitchen or bath facilities for each room or unit. The occupancy period shall be at least 30 days. This category excludes temporary housing that does not include support services and community social service facilities such as emergency shelters. E. S e c t i o n 1 9 . 4 7 . 0 2 0 - DEFINITIONS is amended to add the following text: Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community. Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of assistance. F. Section 19.47.02 – DEFINITIONS is further amended to insert the following language under the existing definition Lot Line Type. In case of unusual circumstances, the Zoning Administrator may use their discretion to re- assign Front, Side and Rear Lot Line Types in a way that best serves the spirit and intent of Zoning Ordinance. SECTION 3. NOTICING, POSTING AND PUBLICATION This ordinance is adopted pursuant to the procedures established by state law, and all required notices have been given, and the public hearing has been properly held and conducted. SECTION 4. EFFECTIVE DATE This ordinance shall not take effect until thirty days after the second reading, February 5, 2015. The foregoing ordinance was introduced at a regular meeting of the City Council on December 16, 2014 and passed by the following vote: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ---PAGE BREAK--- ABSENT: Councilmembers Adopted and ordered published at a regular meeting of the City Council held on the January 6, 2015 and passed by the following vote: AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers APPROVED: Mark Friedman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on xxxx, 2015. Cheryl Morse, City Clerk ORDINANCE CERTIFICATION I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2014-XX of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the day of xx, 2015; and that said Ordinance has been published ---PAGE BREAK--- and/or posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this __th day of xx, 2015. Cheryl Morse, City Clerk