Agenda Item Wording:
title
Public Hearing and Introduction of Ordinance No. 2022-05 for Zoning Text Amendment No. 2021-09, a request by the City of Visalia to amend portions of Visalia Municipal Code Title 17 (Zoning Ordinance) to implement a program contained in the City of Visalia 2020-2023 Housing Element pertaining to regulations for emergency shelters and low barrier navigation centers. The project area is contained within the City of Visalia’s Urban Development Boundaries that are illustrated in the Visalia General Plan, Citywide.
body
Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>, (559)713-4636
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2022-06, to amend portions of Municipal Code Title 17 (Zoning Ordinance) as to implement a program contained in the City of Visalia 2020-2023 Housing Element pertaining to regulations for emergency shelters and low barrier navigation centers in various zone districts.
Background Discussion:
Zoning Text Amendment (ZTA) No. 2021-09 is a city-initiated request to implement a housing-related Zoning Ordinance text amendment that stems from the adoption of the 2020-2023 Housing Element Update. The Housing Element was adopted by the City Council on December 3, 2019, and subsequently found by State Housing and Community Development (HCD) to be in full compliance with state Housing Element law. Following adoption, the Housing Element is implemented through a series of implementation programs.
The proposed ZTA represents the final part of changes being undertaken to help fulfill the intended outcomes or objectives of the Housing Element (in an effort to help remove or overcome constraints to housing development). The first round of changes were completed in 2020 and implemented six programs pertaining to relatively straightforward changes bringing the City’s Zoning Ordinance into compliance with State housing law. The second round of changes began with two ZTA’s completed in 2021 regarding density bonuses and residential uses allowed by-right in existing buildings in the downtown mixed uses zones.
This ZTA fulfills one implementation program - Emergency Shelters Performance Standards and Expansion of Allowed Use (Program 5.3), described as follows:
The City shall examine and make a recommendation of other zone districts where emergency shelters may be allowed as a by right (permitted) use or as a conditionally allowed use and shall develop performance standards for use in association with emergency shelters. Upon public review and approval by the legislative body, the City shall revise the Zoning Ordinance as it pertains to emergency shelters.
The entire Housing Element can be accessed at the following link:
<https://www.visalia.city/depts/community_development/planning/gp.asp>.
Background on Emergency Shelters:
The Zoning Ordinance first called out housing for homeless persons in the form of “emergency shelters”, in response to Senate Bill 2 passed in 2007. Senate Bill 2 amended State housing law (California Government Code Sections 65582, 65583, and 65589.5) requiring local jurisdictions to strengthen provisions for addressing the housing needs of homeless persons, including the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit (CUP).
In response to SB 2, Visalia revised its Zoning Ordinance to allow emergency shelters as a permitted by right use in the Light Industrial (I-L) zone (ref. Table 17.25.030 Line R30). The I-L zone emphasizes warehousing and limited manufacturing and accommodates large buildings that could be converted to emergency shelters.
In 2017, the City’s Zoning Ordinance Update, in following the land use map adopted by the 2014 General Plan Update, reduced I-L zoned areas from 501 acres to 207 acres. Most of this area was rezoned to the Industrial (I) zone, formerly the Heavy Industrial zone.
No other zoning designations identify emergency shelters as a permitted or conditional use; however, shelters have been established and provided as a service in affiliation with other conditionally-allowed programs such as Visalia Rescue Mission’s Shelter of Hope and Family Service’s Karen’s House.
In 2019, the Technical Advisory Committee providing oversight to the Housing Element Update recommended the need to develop policies for the long-term establishment and reconsideration of the zoning designations allowing emergency shelters. The TAC cited, and staff affirmed, that only one zone in the City explicitly allowed emergency shelters, and that the acreage was significantly reduced since the use became allowed in the zone. The TAC further noted the Light Industrial zone’s limited availability of sites combined with its remote location away from client services and transit opportunities. It should be noted that to date there has never been an emergency shelter established in the I-L zone in Visalia since the use became permitted by right in the I-L zone.
Introduction of Low Barrier Navigation Centers:
In 2019, the State passes Assembly Bill 101 which required Low Barrier Navigation Centers (LBNCs) to be a permitted by right use in mixed use zones and in non-residential zones where multi-family uses are permitted. The State defines a LBNC as a service-enriched shelter providing temporary living facilities, with the low-barrier component allowing persons to be admitted as they are with as few entry restrictions as possible. By contrast, an emergency shelter provides “minimal” on-site services, has a six-month occupancy limit, and does not enforce a “low barrier” component.
In 2020, the City of Visalia updated the Zoning Ordinance to reflect the by-right use of LBNCs in its two mixed-use zoning designations, D-MU (Downtown Mixed Use) and C-MU (Commercial Mixed Use). The use would also be conditionally allowed in all other commercial, office, and industrial zones since multi-family uses are also conditionally allowed in these zones.
The following zoning map illustrates the three zone districts where either an emergency shelter (I-L) or a low barrier navigation center (D-MU and C-MU) are now permitted by right.
Zoning Map depicting zones where permitted by right: D-MU zone (magenta), C-MU zone (pink), I-L zone (gray)
Review Session with City Council / Planning Commission:
Leading up to this Zoning Text Amendment, staff presented an introduction of criterial and performance standards regarding emergency shelters and LBNCs as a work session item on March 17, 2021, at a joint meeting of the City Council and Planning Commission. The meeting was open to the public and included time for public comment, during which two comments were received. Staff received comments from both groups, which have been addressed in the draft ordnance to the extent feasible. Changes to the performance standards based on this discussion are summarized in the comments within the table further below.
Outreach to Stakeholders:
Staff discussed the draft ordinance with representatives of organizations who presently assist with providing services and solutions to persons experiencing homelessness in Visalia (i.e., stakeholders). Sixteen persons were included on the outreach, ranging from non-profit housing providers and service providers to existing shelters and proponents.
Staff began outreach in September 2020 by sending an email survey to the stakeholders to assist with crafting recommendations on locations and performance standards. Following the work session in March 2021, a draft ordinance was prepared and distributed to the stakeholders for comment in September 2021. An in-person and Zoom meeting was held on September 20th to discuss the ordinance and take questions. The meeting was well attended, and stakeholders were supportive of the effort, including TC Hope who is preparing to build a LBNC in Visalia. Staff incorporated all comments into the draft ordinance where feasible, with one of the most significant comments being to retain the maximum number of beds per facility at 100 beds. A revised draft ordinance was circulated again in December 2021, with additional conformation and feedback received in January 2022 that has been addressed in the recommended ordinance.
Expansion of Allowed Locations:
Permitted by right
One intent of Housing Element Implementation Program 5.3 is to expand the eligible areas where emergency shelters are permitted by right (currently only in the I-L zone, indicated in the above map). However, the passage of AB 101, which occurred at the same time as the City’s Housing Element Update process, fulfilled this intent by adding two more zoning designations in Visalia (D-MU and C-MU, also indicated in the above map) where a similar type of housing for persons experiencing homelessness is allowed by right. The impact in Visalia is that the two additional zones equate to 1,020 acres of zoned areas permitting LBNCs, providing that they meet the definition and criteria provided in State law as a low barrier navigation center. Thus, there are 1,227 acres, including the I-L zone, that permit by right either emergency shelters or LBNCs.
For this reason, and as stated above, staff does not see the necessity to recommend any additional zone districts for emergency shelters or LBNCs to be a permitted by right use. It is staff’s belief that a LBNC’s additional provisions, which include providing “enriched services” and the use of case managers to connect individuals to various services, are an incentive towards being able to locate in either of the City’s mixed-use zones. The Quasi-Public zone was considered as another potential zone to allow permitted by right uses, though it was ultimately not recommended based on their typical proximity adjacent to residential uses and the desire by staff to ensure public comment from nearby residents.
Conditionally allowed
Staff is making a recommendation to add certain zoning districts where emergency shelters or LBNCs are a conditional use requiring a CUP and public hearing. This is based on staff’s conclusion that such uses can be compatible in these zone districts wherein a thorough review through the CUP process can determine proper location and reasonable conditions for ensuring minimal impacts upon surrounding properties and upon the zone district. Staff’s recommendation is further supported by survey results from the City’s outreach to the stakeholders who assist persons experiencing homelessness (as explained above).
Emergency Shelters. Zone districts recommended to allow emergency shelters as a conditional use are:
• Downtown Mixed Use - Considered based on proximity to essential services, including transit.
• Commercial Mixed Use - Considered based on proximity to essential services, including transit.
• Service Commercial - Considered based on proximity to essential services and makeup of large warehouse-type spaces similar to Light Industrial.
• Quasi-Public - Considered based on purpose and intent of zone and based on similarity to other uses allowed in zone, such as charitable institutions and churches.
Please note, as previously stated in this staff report, the City of Visalia in response to SB 2, amended the Zoning Ordinance to allow emergency shelters as a permitted by right use in the Light Industrial (I-L) zone (ref. Table 17.25.030 Line R30). Based on this action, the City of Visalia is in compliance with the State statute (California Government Code Sections 65582, 65583, and 65589.5). If the recommended changes for emergency shelters were not adopted the City would still be in compliance with SB 2. However, the Light Industrial zone would still be the only zoning district were this use would be allowed.
Low barrier navigation centers. Low barrier navigation centers are already conditionally allowed in all Commercial, Office, and Industrial zone districts. Zone districts also recommended to allow low barrier navigation centers as a conditional use are:
• Quasi-Public - Considered based on purpose and intent of zone and based on similarity to other uses allowed in zone, such as charitable institutions and churches.
• Multi-family Residential - Considered based on proximity to major roadways and transit services and based on similarities in residential density and site development.
Need for Objective Performance Standards:
Staff also recognized that allowing emergency shelters (and now LBNCs) “by right”, if not properly regulated, could also potentially lead to operating conditions that may not be compatible to have adverse impacts towards neighboring uses. The land use can be simplified as a type of group housing specially for those facing emergency situations or experiencing homelessness, a type of development that does not reflect most developed portions of these zones. Most industrial zoned sites are constructed with large warehouse buildings that are serviced by truck traffic. Most mixed-use zoned sites are constructed with commercial / office buildings and retail-based shopping centers that do not have overnight residents, though recent zoning text amendments now allow for limited residential uses as a permitted by right use.
The Housing Element Implementation Program therefore directs staff to explore and pursue amending the Zoning Ordinance text to allow emergency shelters either by right or as a conditionally allowed use in additional locations, subject to certain restrictions and standards. These limitations would include distance requirements from schools and other shelters / LBNCs, fencing requirements when adjacent to dwelling units, and certain objective performance standards. The performance standards would not apply to facilities that have already obtained a conditional use permit (e.g., Visalia Rescue Mission), but only to facilities permitted by right or seeking a CUP.
Differences between Emergency Shelters and LBNCs:
Emergency shelters and low barrier navigation centers both provide housing to the homeless but have differences in their approach and services. Following are the definitions as contained in the Zoning Ordinance. The LBNC definition is taken directly from state law.
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
"Low barrier navigation center" shall have the same meaning as that term is defined in California Government Code Section 65660, specifically a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following.
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
At the recommendation of stakeholders, separate performance standards have been drafted for emergency shelters and low barrier navigation centers. Both sets of standards read substantially the same, with some notable exceptions as follows:
• Emergency shelters may operate on a short-term basis provided that an operating schedule is included in the plan of operation.
• LBNCs have no length of stay limit, based on the definition established in state law.
• LBNCs shall include on-site area where referral services are provided to assist clients in entering programs aimed at obtaining permanent shelter and income.
• The City Planner has the authority to require an extra one (1) vehicle parking space per ten (10) beds for emergency shelters established in response to a natural or man-made disaster.
Warming / Cooling Centers Not Addressed:
Staff is not recommending to define allowed locations or performance standards for seasonal warming centers or cooling centers as part of this draft ordinance.
During the outreach to stakeholders, there were suggestions and comments pertaining to the ordinance defining and addressing short-term shelters in the same manner as emergency shelters, being that they too are not well defined in the Zoning Ordinance.
Warming centers are similar to shelters and LBNCs in that they provide a safe conditioned space for people experiencing homelessness. However, they do not provide housing like these facilities do. Warming centers, for example, provide mats in lieu of overnight beds and require patrons to leave the premises during the day. Since they do not provide a form of housing, they are not addressed in the Housing Element and were therefore not addressed in the Implementation program. Staff did amend the draft ordinance so that it is also applicable to emergency shelters, as defined, operating on a short-term basis.
Despite not being defined in the Zoning Ordinance, staff has considered and processed warming centers through the Temporary Conditional Use Permit process with a public hearing requirement. This has become the preferred process by staff since it provides opportunity for new review each year. The process also enables staff to consider the use as an ancillary function of an existing land use (e.g., church), which provides a greater range of zone designations that could allow for a warming center. The existing process functions adequately for warming centers and staff does not recommend changes to it at this time.
Given the differences, Council may address warming and cooling centers in a separate Zoning Text Amendment if desired.
Separation of Uses:
Separation standards are recommended for any emergency shelter or LBNC, whether permitted by right or conditional. Based on comments made by Council, the recommended separation requirement was increased from 300 feet to 1,000 feet, and schools were added to the separation criteria.
When a facility is adjacent to any residential dwelling units, it shall incorporate a six (6) foot height perimeter fencing or wall constructed of either solid material (e.g., concrete block, wood, stucco) or wrought iron. Chain link fencing would not be an acceptable material for this requirement. The perimeter fence or wall would only need to be installed on sides adjacent to residential uses.
List of Performance Standards:
Following is a listing of performance standards recommended to be required when emergency shelters or LBNCs are allowed by right. These standards shall also be used as guidelines for uses that are conditionally allowed in other zones. A deviation from any performance standard, excepting separation criteria, may be requested and considered as part of an application for conditional use permit. The criteria compiled here is largely based on performance standards adopted by other jurisdictions with further input from City Council, Planning Commission, and stakeholders.
|
Performance Standard |
Criteria |
|
1. Number of beds |
Maximum 100 beds per facility Comments: The recommendation of 100 beds was increased from 60 based on strong support from the stakeholder groups and the overhead costs necessary to operate a use permitted by right, and is further supported by being more in alignment with standards held by other similar sized jurisdictions surveyed by the City, such as Merced, Santa Barbara, and Burbank. |
|
2. Parking |
One (1) vehicle parking space shall be provided per ten (10) beds and one (1) space per employee on shift during peak operating hours. Up to five (5) visitor spaces shall be provided for service providers based on the actual need as determined by the city. The City Planner has the authority to require an extra one (1) vehicle parking space per ten (10) beds for emergency shelters established in response to a natural or man-made disaster. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces. Comments: Parking requirement has also been added for employees of shelters and service providers. The recommendation has also added authority given to the City Planner to require extra parking if an emergency shelter is established in response to a disaster event. Client standards based on standards from Cities of Burbank and Merced; employee and service provider standards based on City of Glendora. Covered bicycle parking based on Cities of Santa Ana and Santa Barbara. |
|
3. Lighting |
Adequate lighting shall be provided in all parking, pedestrian paths, and intake areas, and shall be shielded and directed away from adjacent properties. Comments: No change since presented at study session in 2021. |
|
4. Management / security plan |
Support staff and/or security must be present during the hours of operation. Facilities must maintain with the City a written plan of operation to be approved by the City Planner in consultation with the Police Department and Neighborhood Preservation Division and to be complied with at all times. The management shall address, at a minimum: • patron access requirements, • hours of operation, • operating schedule if intended to operate short-term (applicable to emergency shelters only), • security measures, • litter removal, • on-site management, • staff training, • property maintenance, • neighborhood relations and communication, • noise attenuation, • pet occupancy, if applicable. Comments: Per comments during study session, same gender requirement between staff & clients has been eliminated to improve clarity of language. Staff training, pet occupancy (if applicable), and operating schedule (if proposed as a short-term use) have been added to operation plan requirements. Police and Neighborhood Preservation must be consulted in preparation of an operation plan. Requirement for on-site security at all times has been removed, however security measures must be addressed. |
|
5a. Maximum length of stay (Emergency Shelters only) |
The maximum length of stay per individual shall be no longer than six (6) months in a consecutive twelve (12)-month period. Comments: LBNCs have no length of stay limit, based on the definition established in state law. Per stakeholder comments, clarification added stating that days of stay need not be consecutive. |
|
5b. On-site requirements (LBNCs only) |
A low barrier navigation center shall include on-site area where referral services are provided to assist clients in entering programs aimed at obtaining permanent shelter and income. Comments: LBNCs by definition must provide enriched supportive services. This standard indicates the types of services that shall be provided. Emergency shelters shall only provide minimal services. |
|
6. Pets |
If pets are allowed, they may be unleashed inside only if they are inside a private unit or may be outside within cages or in a protected area. No limit shall be placed on the number of pets that can be maintained. Comments: Standard revised to address locations where unleased pets are permitted. |
|
7. In-take area size standards |
On-site waiting and intake areas shall be enclosed or screened from the public right-of-way and adjacent properties. Queuing of clients shall not be permitted outside of approved waiting and intake areas. Comments: The minimum size standard for waiting and intake areas has been removed and replaced with a general requirement requiring enclosure of waiting and queuing areas. |
|
8. Outdoor Activity |
At least five (5) percent of the site shall be designated to open or outdoor recreational space, located outside of any required front or street side landscape setback area or parking field. Outdoor activity shall be allowed only during the hours of 7:00 a.m. to 10:00 p.m. Comments: Initially recommended 5 SF per resident but changed to a percentage of total site area based on a comment received. Five percent is recommended, modeled after multi-family residential standards. Hour limitations on outdoor activities added. Morning discharge times earlier than 7:00 are permitted, such as for individuals leaving early for work, breakfast, and other activities. |
Fiscal Impact:
None.
Prior Council Action:
• On December 3, 2019, the City Council voted to adopt the 2020-2023 Housing Element.
• On March 17, 2021, a work session item was presented at a joint meeting of the City Council and Planning Commission. As explained above, comments from both groups have been addressed in the draft ordnance to the extent feasible.
Other: Committee/Commission Review and Action:
On January 24, 2022, the Planning Commission voted 4-0 (Tavarez absent) to recommend approval of Zoning Text Amendment No. 2021-09 as presented by staff. In discussing the separation of uses, the Commission requested that a definition of “schools” be included. Staff has therefore expanded upon the description of schools so that they are now specified as existing or planned public or parochial elementary schools, middle schools, high schools, and licensed day care facilities. The Commission also asked about whether state or local laws would allow for “short-term uses” to be served by non-permanent structures such as tents and cargo trains. In fact, the definition of “short-term uses” is not intended to extend to non-permanent structures or any form of housing that is not consistent with the building code enforced by the City for habitable spaces. The feasibility of such non-permanent structures would first need to be investigated together with other City divisions having oversight (i.e., Building Division) and discussed further with the Council based on the circumstances of the situation. There were three public hearing comments made by Mary Alice Escarsega (C-SET), Judee Berg (Tulare County Hope for the Homeless) and Suzy Ward (Warming Center), all in support of the item and available for questions. Suzy Ward understood the reasoning for the exclusion of warming centers from the ordinance but emphasized the need for a by-right location for warming centers.
Alternatives:
1. Deny the Zoning Text Amendment in whole or in part, or
2. Return the item to the Planning Commission for further consideration
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce for first reading Ordinance No. 2022-06 for Zone Text Amendment No. 2021-09.
end
Environmental Assessment Status:
California Environmental Quality Act (CEQA) Section 15183(a) mandates that projects which are consistent with the development density established by general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In accordance with CEQA guidelines, Initial Study No. 2021-44 was prepared for this project, which disclosed the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014-37, adopted on October 14, 2014. In addition, an Initial Study with Negative Declaration for the General Plan Housing Element (Negative Declaration No. 2019-63) was also prepared, wherein the environmental review assessed the establishment of goals, policies, and implementation programs. Therefore, staff concludes that the previously prepared Program Environmental Impact Report and Negative Declaration adequately analyzed and addresses the project and recommends that the City Council adopt Environmental Document No. 2021-44 for this project.
CEQA Review:
California Environmental Quality Act (CEQA) Section 15183(a) mandates that projects which are consistent with the development density established by general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In accordance with CEQA guidelines, Initial Study No. 2021-44 was prepared for this project, which disclosed the proposed project has no new effects that could occur, or new mitigation measures that would be required that have not been addressed within the scope of the Program Environmental Impact Report (SCH No. 2010041078). The Environmental Impact Report prepared for the City of Visalia General Plan was certified by Resolution No. 2014-37, adopted on October 14, 2014. In addition, an Initial Study with Negative Declaration for the General Plan Housing Element (Negative Declaration No. 2019-63) was also prepared, wherein the environmental review assessed the establishment of goals, policies, and implementation programs. Therefore, staff concludes that the previously prepared Program Environmental Impact Report and Negative Declaration adequately analyzed and addresses the project and recommends that the City Council adopt Environmental Document No. 2021-44 for this project.
Attachments:
1. Ordinance No. 2022-06 for Zoning Text Amendment No. 2021-09.
2. Full Text of Applicable General Plan Housing Element Programs.
3. Initial Study / Environmental Document No. 2021-44.