HomeMy WebLinkAboutAGENDA REPORT 2014 0219 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCILAc11oN: .L,..rne,G. tL'
AGENDA REPORT �' 't '12�
BY: (.m . Ciia�f_
TO: Honorable City Council /�
FROM: David A. Bobardt, Community Development Direct r7Y
Prepared by Joseph R. Vacca, Principal Plannecj/r
DATE: January 29, 2014 (Meeting of 2/19/2014)
SUBJECT: Consider an Ordinance Approving Zoning Ordinance Amendment
No. 2014-01, to Amend Chapter 17.08 (Definitions), of the Zoning
Ordinance to Update Definitions of Supportive Housing and
Transitional Housing, and Add a Definition for Target Population, and
Recommending the City Council Make a Determination of Exemption
Under CEQA in Connection Therewith
BACKGROUND/DISCUSSION
The 2014-2021 Housing Element update adopted by City Council on January 15, 2014,
included Program 7, a commitment to process a Zoning Ordinance Amendment to
revise the City's definitions of "supportive housing", "target population" and "transitional
housing" consistent with recently adopted state law (SB 745 of 2013) as part of the
Housing Element update process. On December 18, 2013, the City Council adopted
Resolution No. 2013-3252, to initiate a Zoning Ordinance Amendment to make the
changes in definitions, based on comments made by the California Department of
Housing and Community Development on the draft Housing Element update.
On January 28, 2014, the Planning Commission considered and recommended to the
City Council approval of Zoning Ordinance Amendment No. 2014-01. The attached
Planning Commission staff report contains a more detailed description of the proposed
amendments and changes. Upon consideration and review of the application, the
Planning Commission opened the public hearing, but there was no testimony.
Commissioner Landis asked staff where the definitions derived from. Staffs response
was that the definitions were from the State of California Health and Safety Code. Staff
clarified for Commissioner Ramous that supportive or transitional housing is an allowed
use in all residential zones, similar to a small family day care facility, when in
compliance with all standards of that zone. After closing the public hearing, the Planning
Commission unanimously recommended approval of the application to the City Council.
The City Attorney has reviewed and approved the form of the ordinance.
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Honorable City Council
February 19, 2014
Page 2
ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed this project and found it to qualify
for a General Rule Exemption in accordance with Section 15061 (b)(3) of California
Code of Regulations (CEQA Guidelines). The proposed ordinance would amend the
Municipal Code provisions related to definitions. The updates to the definitions should
not have any effect on the physical environment. There is no possibility the changes
may result in a significant environmental impact. Thus, it can be seen with certainty
there is no possibility the zone text amendment may have a significant impact on the
environment. No further environmental documentation is required.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Introduce Ordinance No. __ , approving Zoning Ordinance Amendment 2014-
01, for first reading, waive full reading, and place this ordinance on the agenda
for March 5, 2014, for purposes of providing second reading and adoption of the
ordinance.
ATTACHMENTS
1. January 28, 2014 Planning Commission Agenda Report (Without Attachments)
2. Ordinance No. __ , Approving Zoning Ordinance Amendment No. 2014-01
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CC ATTACHMENT 1
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Joseph R. Vacca, Principal Planner
DATE: January 8, 2014 (Meeting of 01/28/14)
SUBJECT: Consider Resolution Recommending to the City Council the Adoption
of Zoning Ordinance Amendment No. 2014-01, to Amend Chapter 17.08
(Definitions), of the Zoning Ordinance to Update Definitions of
Supportive Housing and Transitional Housing, and Add a Definition for
Target Population, and Recommending the City Council Make a
Determination of Exemption Under CEQA in Connection Therewith
BACKGROUND
The 2014-2021 Housing Element update adopted by City Council on January 15, 2014,
included Program 7, a commitment to process a Zoning Ordinance Amendment to revise
the City's definitions of "supportive housing", "target population" and "transitional housing"
consistent with recently adopted state law (SB 7 45 of 2013) as part of the Housing Element
update process. On December 18, 2013, the City Council adopted Resolution No. 2013-
3252, to initiate a Zoning Ordinance Amendment to make the changes in definitions, based
on comments made by the California Department of Housing and Community Development
on the draft Housing Element update.
DISCUSSION
•!• Definitions Chapter 17.08
This Zoning Code Amendment No. 2014-01 includes amendments to Title 17 (Zoning) of
the Moorpark Municipal Code amending Section 17.08.010, to amend the following
definitions of "Supportive housing" and "Transitional housing"; and, add the following
definition of "Target population", as follows, with all other definitions to remain unchanged:
17.08.010 Application of definitions.
"Supportive housing" means housing with no limit on length of stay, that is occupied by
the target population as defined in Health and Safety Code Section 50675.14, and that is
linked to on site or off site services that assist the supportive housing resident in retaining
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Honorable Planning Commission
January 28, 2014
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the housing, improving his or her health status, and maximizing his or her ability to live, and
'Nhen possible, work, in the community.
"Supportive housing" means 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, when possible. work in the community.
"Target population" means persons with low incomes who have one or more disabilities.
including mental illness. HIV or AIDS, substance abuse, or other chronic health condition,
or individuals eligible for services provided pursuant to the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and
Institutions Code) and may include, among other populations, adults. emancipated minors,
families with children, elderly persons. young adults aging out of the foster care system.
individuals exiting from institutional settings, veterans. and homeless people.
"Transitional housing" means rental housing operated under the funding program
requirements that call for the termination of assistance and recirculation of the assisted unit
to another eligible program recipient at some predetermined future point in time, which
shall be no less than six (6) months.
"Transitional housing" means 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 the
assistance.
Transitional housing may be designated for a homeless individual or family transitioning to
permanent housing. This housing can take several forms, such as single family or
multifamily units, and may include supportive services to allow individuals to gain necessary
life skills in support of independent living. Supportive housing has no limit on the length of
stay, is linked to onsite or offsite services, and is occupied by a target population as defined
in Health & Safety Code. Services typically include assistance designed to meet the needs
of the target population in retaining housing, living and working in the community, and/or
improving health and may include case management, mental health treatment, and life
skills.
State Law requires that transitional housing and supportive housing are permitted as a
residential use and only subject to those restrictions that apply to other residential
dwellings of the same type in the same zone. In other words, transitional housing and
supportive housing are to be permitted in all zones allowing residential uses and are not
subject to any restrictions (e.g., occupancy limit) not imposed on similar dwellings (e.g.,
single family home, apartments) in the same zone in which the transitional housing and
supportive housing is located. For example, transitional housing located in an apartment
building in a multifamily zone is permitted in the same manner as an apartment building in
the same zone and supportive housing located in a single family home in a single family
zone is permitted in the same manner as a single family home in the same zone.
S·\Commurnty Development\DEV PMTS\Z 0 A\2014\2014-01 Definitions Supportive Hsg Etc\Agenda Reports\PC Agenda Report 140128 doc
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Honorable Planning Commission
January 28, 2014
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In 2013, the City updated its zoning to treat transitional and supportive housing as a
residential uses, subject only to those restrictions on residential uses contained in the same
type of structure, to be consistent with requirements of State Law. Therefore, in the City's
permitted use table, Section 17.20.050.B. Permitted Residential Uses; under subsection 2,
Family day care homes and home schooling and transitional and supportive housing:
Transitional and supportive housing is allowed by right in all residential zones, (0-S, A-E,
R-A, R-E, R-0, R-1, R-2 and RPO zones) when conducted in an existing housing unit
(*subject to same zoning requirements and procedures as other residential uses of the
same type in the same zoning district).
The City Attorney's office has reviewed and approved as to form the draft PC Resolution
for Zoning Ordinance Amendment No. 2014-01 (Attachment 1 ).
PROCESSING TIME LIMITS
Although processing time limits under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2),
and the California Environmental Quality Act Statutes and Guidelines (Public Resources
Code Division 13, and California Code of Regulations, Title 14, Chapter 3) are not
applicable, it is important that these definitions be amended in a reasonable timeframe to
be consistent with changes in State law.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061 (b)(3) of California Code of Regulations (CEQA
Guidelines). The proposed ordinance would amend the Municipal Code provisions related
to definitions. The updates to the definitions should not have any effect on the physical
environment. There is no possibility that the changes may result in a significant
environmental impact. Thus, it can be seen with certainty that there is no possibility that the
zone text amendment may have a significant impact on the environment. No further
environmental documentation is required.
S \Community Oevelopment\DEV PMTS\Z 0 A\2014\2014-01 Oefinrtlons Supportive Hsg. Etc\Agenda Reports\PC Agenda Report 140128 doc
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Honorable Planning Commission
January 28, 2014
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STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. PC-2014-__ , recommending to the City Council the
adoption of Zoning Ordinance Amendment 2014-01.
ATTACHMENTS
1. Draft PC Resolution which contains the following:
Exhibit A -Section 17.08.010 Application of definitions
S·\Community Development\DEV PMTS\Z 0 A\2014\2014-01 Definitmns Supportive Hsg. Elc\Agenda Reports\PC Agenda Report 140128 doc
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CC ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2014-01, TO AMEND CHAPTER 17.08
(DEFINITIONS) OF THE ZONING ORDINANCE TO
UPDATE DEFINITIONS OF "SUPPORTIVE HOUSING"
AND "TRANSITIONAL HOUSING" AND ADD A DEFINITION
FOR "TARGET POPULATION" AND RECOMMENDING
THAT THE CITY COUNCIL MAKE A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
WHEREAS, at its meeting of December 18, 2013, the City Council adopted
Resolution No. 2013-3252 directing the Planning Commission to consider a zoning
ordinance amendment that would amend Chapter 17.08 (Definitions), to update
definitions of supportive housing, target population, and transitional housing to be
consistent with recent amendments to State law, to ensure compliance with the adopted
Housing Element, and ensure consistency with the City's General Plan, and other
provisions of the City's Zoning Ordinance; and
WHEREAS, at its meeting of January 15, 2014, the City Council adopted
Resolution No. 2014-3259 approving the 2014-2021 Housing Element update to the
General Plan, which includes Program 7, a commitment to process a Zoning Ordinance
Amendment to revise the City's definitions of "supportive housing", "target population"
and "transitional housing" consistent with recently adopted state law (SB 7 45 of 2013)
as part of the implementation of the Housing Element update, to ensure compliance
with the adopted Housing Element, and ensure consistency with the City's General
Plan, and other provisions of the City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on January 28, 2014, the Planning
Commission considered Zoning Ordinance Amendment No. 2014-01, to amend Chapter
17.08 (Definitions) to update definitions of supportive housing and transitional housing,
and to add a definition for target population, to be consistent with recent amendments to
State law, and considered the agenda report and any supplements thereto and written
public comments; opened the public hearing and took and considered public testimony
both for and against the proposal; closed the hearing; and the Planning Commission
adopted Resolution No. PC-2014-593 recommending approval to the City Council of
Zoning Ordinance Amendment No. 2014-01; and
WHEREAS, at a duly noticed public hearing on February 19, 2014, the City
Council considered Zoning Ordinance Amendment No. 2014-01, to amend Chapter
17.08 (Definitions) to update definitions of supportive housing and transitional housing,
and to add a definition for target population, to be consistent with recent amendments to
State law; and considered the agenda report and any supplements thereto and written
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Ordinance No.
Page 2
public comments; opened the public hearing and took and considered public testimony
both for and against the proposal; closed the public hearing, and reached a decision on
this matter; and
WHEREAS, the Community Development Director has determined that the
proposed Ordinance is exempt from the provisions of the California Environmental
Quality Act by the general rule that CEQA only applies to "projects" that may have a
significant effect on the environment. The proposed Ordinance would amend definitions
in the Municipal Code. The Municipal Code amendments merely make the definitions in
the Municipal Code consistent with State law. As such, there is no possibility that the
changes may result in a significant environmental impact. In this case, it can be seen
with certainty that there is no possibility that the proposed Ordinance may have a significant
impact on the environment, and therefore, the proposed Ordinance is exempt under CEQA
Guidelines Section 15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the Community Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act by the general rule that
CEQA only applies to "projects" that may have a significant effect on the environment.
Zoning Ordinance Amendment No. 2014-01 would amend the Municipal Code
definitions for "supportive housing", "target population" and "transitional housing"
consistent with recently adopted state law (SB 745 of 2013) as part of the
implementation of the 2014-2021 Housing Element update, to ensure compliance with
the adopted 2014-2021 Housing Element. Based on its independent analysis and
judgment of the City Council, it can be seen with certainty that there is no possibility that
the Zoning Ordinance Amendment No. 2014-01 may have a significant impact on the
physical environment. No further environmental documentation is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2014-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2014-01, which amends Chapter 17.08 (Definitions) of the Moorpark Municipal
Code, as shown in Exhibit A attached.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
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Ordinance No.
Page 3
SECTION 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this_ day of _____ , 2014.
Janice S. Parvin, Mayor
ATIEST:
Maureen Benson, City Clerk
Exhibit A-Amendments to Section 17.08.010 Application of Definitions
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Ordinance No.
Page4
EXHIBIT A
AMENDMENTS TO SECTION 17.08.010 (APPLICATION OF DEFINITIONS) OF
CHAPTER 17.08 (DEFINITIONS) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
Section 17.08.010 is amended to revise the definitions of "Supportive housing" and
"Transitional housing" and add a definition of "Target population", as shown herein
below, with all other definitions in this section to remain unchanged:
17.08.010 Application of definitions.
"Supportive housing" means housing ·.vith no limit on length of stay, that is occupied
by the target population as defined in Health and Safety Code Section 50675.14, and
that is linked to on site or off site services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her
ability to live, and when possible, work, in the community.
"Supportive housing" means 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, when possible, work in the community.
"Target population" means persons with low incomes who have one or more
disabilities, including mental illness. HIV or AIDS. substance abuse. or other chronic
health condition. or individuals eligible for services provided pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)
of the Welfare and Institutions Code) and may include. among other populations. adults,
emancipated minors, families with children. elderly persons, young adults aging out of
the foster care system, individuals exiting from institutional settings, veterans. and
homeless people.
"Transitional housing" means rental housing operated under the funding program
requirements that call for the termination of assistance and recirculation of the assisted
unit to another eligible program recipient at some predetermined future point in time,
'Nhich shall be no less than six (6) months.
"Transitional housing" means 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 the
assistance.
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