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HomeMy Public PortalAboutOrd. 1659ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY OF LYNWOOD'S CITY COUNCIL APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -03 AMENDING ARTICLE 24, ARTICLE 200 AND APPENDIX A OF THE LYNWOOD MUNICIPAL CODE IN ORDER TO ESTABLISH REGULATIONS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING AND SINGLE -ROOM OCCUPANCY UNITS WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 12, 2013 conducted a public hearing and' adopted Resolution No. 3315 recommending approval of Zoning Ordinance Amendment No. 2013 -03 to the City Council of the City of Lynwood; and WHEREAS, the City Council, pursuant to law, on April 16, 2013 conducted a public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, the City wishes to provide housing opportunities for extremely low - income households and households with special needs in the form of emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units; and WHEREAS, Senate Bill 2, which went into effect on January 1, 2008, requires cities and counties to: (i) provide at least one zoning category in which emergency shelters can be located without a discretionary approval; (ii) identify said zoning category in the Housing Element; (iii) include sites with sufficient capacity to meet the local need for an emergency shelter; and (iv) treat transitional and supportive housing, including SROs, in the same manner as any other residential use with that zoning category; and WHEREAS, the City wishes to establish appropriate regulations for the development of emergency shelters, transitional housing, supportive housing, and single -room occupancy (SRO) units in accordance with State law and is thereby proposing a Zoning Ordinance Amendment amending Article 24, Article 200 and Appendix A of Lynwood Municipal Code relating to Inclusionary Zoning Regulations in order to establish regulations for emergency shelters, supportive housing, and SRO units; and WHEREAS, under the California Environmental Quality Act (CEQA), an Addendum to a certified Environmental Impact Report (EIR) or Negative Declaration (ND) is needed if minor technical changes or modifications to the proposed project occur (CEQA Guidelines Section 15164). An Addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines Section 15164[c]); however, an Addendum is to be considered along with the decision making body prior to making a decision on the project (CEQA Guidelines Section 15164[d]); and WHEREAS, the Initial Study /Negative Declaration Addendum demonstrates: that, the environmental analysis, impacts, and mitigation measures identified in the 2006= 2014 Housing Element Initial Study remain substantively unchanged by the situation described herein, and supports the finding that the proposed implementation'''of the Programs described above do not raise any new issues and does not exceed "the level of impacts identified in the IS /ND. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF'LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Lynwood's City Council finds that the above'recitals'are true and correct and are incorporated herein by this reference. Section 2. The City of Lynwood's City Council hereby app`royes,'Zoning Ordinance Amendment No. 2013 -03, adopting the proposed ordinance attachedhereto as Exhibit No. 1, amending Article 24, Article 200 and Appendix A of Lynwood Municipal. Code relating to Inclusiona -y Zoning Regulations. Section 3. If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise ; invalid, such - decision shall not affect the validity of the remaining sections of this, Resolution. The Planning. Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective 'of the 'fact that.any one or more other sections, subsections, sentences, clauses or phrases be' declared) unconstitutional or invalid. Section 4. As part the City's adoption of the 2006 -2014 Housing Element, the City prepared and adopted a Negative Declaration, which analyzed all components and programs of the Housing Element including Program 1c requiring new- regulations;for Emergency, Transitional, and Supportive Housing to comply with Senate Bill'2 and the City will amend the existing Negative Declaration in order to reflect the completion,of these regulations. Section 6. The City Clerk shall certify to the adoption of this Ordinance: First read at a regular meeting of the City Council held on the 16th day of April, 2013 and adopted and 'ordered published at a regular meeting, of said Council on the-7t' day of May, 2013. PASSED, APPROVED, and ADOPTED this 7th day, of May, 2,01 31 Salvador Alatorre, Mayor ATTEST: YIZ4 �- Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: I /Ipm t Jon4than. C' Olin, Director Dgelopment Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do• hereby certify that the above and foregoing Ordinance was duly adopted by the City ,Council of the City of Lynwood at its regular meeting held on the 7th day of. May, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON,; RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE. r aria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and, Clerk of4he City Council of said City, do hereby certify that the above and foregoing .is.a full'; true and correct copy of Ordinance No. 1659 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 16th day April, 2013. aria Quinonez, ity Clerk SECTION I. Chapter 25, Article 200 of the Lynwood Municipal Code is hereby amended by adding the following definitions: Family: Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. Second Dwelling Unit: A second permanent dwelling that is accessory to a primary dwelling on the same site. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living; sleeping, eating, cooking, and sanitation. , Single Room Occupancy (SRO) Housing, also known as an efficiency unit, means "housing consisting of single -room dwelling units typically with no more than 400 square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). An accessory structure such as a garage, storage room, play room, pool house or rumpus room does not qualify as an SRO. Supportive Housing: "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite 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. Transitional Housing: "Transitional housing" and "transitional housing development' means buildings configured as rental housing developments, but operated under 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 months. SECTION 2. The Lynwood Municipal Code is hereby amended by revising Chapter 25, APPENDIX A USES BY ZONING DISTRICT to read aSjollows; APPENDIX A USES BY ZONING DISTRICT R -1 R -2 R -3 PRD p -1 C -2 C -2A C -3 PCD CB -1 M HMD PF OS -SPA CCDA'. Emergency Shelters, up to 30 occupants P P within City Emergency Shelters, more than 30 C C occupants_ within City SRO (Efficiency units) P P P P Supportive Housing P P P P Transitional Housing - P P P P Article 24 Emergency Residential Shelters and Transitional Housing SECTIONS: 25- 24 -18: Purpose 25- 24 -19: Definitions 25- 24 -20: Emergency Shelter Standards and Regulations 25- 24 -21: Single Resident Occupancy (SRO), Standards and Regulations 25- 24 -22: Notification 25- 24 -18. Purpose: This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless. 25- 24 -19. 'Definitions: A. Emergency Shelter: An emergency residential shelter is a building where emergency temporary lodging is provided to families and /or individuals that for various reasons have lost the ability to house themselves, or for people in need during emergency situations such as cold weather, storms or natural disasters, as well as victims of social misfortunes such as domestic violence, and where on -site supervision is provided whenever such shelter is occupied. B. Single Room Occupancy (SRO) Housing, also known as an efficiency unit, means "housing consisting of single -room dwelling units typically with no more than 400 square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). An accessory structure such as a garage, storage room, play room, pool house or rumpus room does not qualify as an SRO. C. Supportive Housing: "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite 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. D. Transitional Housing: "Transitional housing" and "transitional housing development' means buildings configured as rental housing developments, but operated under 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 months. 25- 24 -20. Emergency Shelter Standards and Regulations: Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations. A. A single Emergency Shelter for 30 occupants, or a combination of multiple shelters with a combined capacity not to exceed 30 occupants, shall be allowed as a permitted use, consistent with section 65583 (4) (A) of the Government Code. All Emergency Shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by -right and minimum standards: contained herein below. Any Emergency, Shelter" with a capacity greater, than 30 occupants shall also be subject to the approval of a conditional use permit, as set forth in Article 130. B. The facility shall operate on a first -come, first serve basis with clients. only permitted on= site and admitted to the facility between 6:00 p.m.•and 7:00 a,m.,during Pacific Daylight Time, and 5:00 p.m. and 7:00. a.m. during Pacific' Standard Time. Clients must'vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night °A, curfew of` 10:00 p.m. (or earlier) shall be established and strictly enforced and. clients shalknot be admitted after the curfew. C. To avoid over - concentration of Emergency Shelter facilities; a,minimum distance: of 300 feet shall be maintained from` any other Emergency Shelter, as measured- from the property line. D. Emergency Shelters shall not be located within 1,000' feet of a..public or private school. (pre - school through twelfth grade), universities, colleges,, student housing, senior , housing, child care facilities, public parks, businesses licensed for on - -or off - site ^sales of . alcoholic beverages or parolee /probationer home as defined in.Article 200 (Definitions).. . . and as measured from the property line. E. Service providers shall provide sufficient numbers of -male and female toilets'- restrooms for clients and prospective clients to have access to use onsa'twenty- four(24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings. ' F. Any outdoor storage, including, but not limited' to, items brought, on -site by clients for overnight stays, shall be screened from public view by a minimum six foot tall decorative wall or fence. Pets and Shopping carts are not permitted on -site: ' G. Adequate waiting areas must be provided within the premises for clients and prospective clients including 10 square feet'per bed, minimum 1O0'square feet -to ensure that public sidewalks or private walkways are not used as queuing or waiting areas. H. Facility improvements shall comply with the Lynwood Municipal Code and, the most. current adopted Building and Safety Code, specific'.fo the establishment of -,dormitories . and shall additionally provide: 1. A minimum of 1 toilet for every 8'beds per gender. 2. A minimum of 1 shower for every 8 beds per gender. 3. Private shower and toilet facility for each area< designated for use by- individual' families. I. An emergency shelter facility shall provide off - street parking at;the ratio of 1 space per 4, beds, and /or 0.5 per bedroom designated as a family unit with children, plus 'l, space per staff member. Service providers are responsible to provide and maintain'.adequate parking and freight loading facilities for employees, clients and other'Visitors who drive'to the premises. J. Bike rack parking shall be provided at the facility. K. Exterior lighting shall be provided for the entire outdoor and parking area of, the ' Property per the lighting standards of the Section 25- 65 -8(D) of the Code. 10. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, City staff, or the general public. 11. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re- admittance policies for clients who have previously been expelled from the facility shall also be established. 12. Alcohol and illegal drug use is prohibited on -site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs. 13. The establishment shall implement other conditions and /or measures as determined by the city, in consultation with other -city/county agencies necessary to ensure that management and /or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use. 14. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties. 15. On a monthly basis, provide an updated list of Emergency Shelter residents to the Sherriff's Department. 16. All graffiti on the premises shall be removed by the business operator within 24 hours. 17. Installation of anti - loitering signs. 18. If there is conflict between code requirements, the most restrictive one shall apply. N. The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, Building and Fire Codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's Management Plan and other applicable laws and standards. O. Emergency Shelter operator shall obtain a City Business License. 25 -24 -21 Single Resident Occupancy (SRO), Standards and Regulations: Transitional Housing, including efficiency residential units, also known as single resident occupancy ( "SRO "), shall be subject to and comply with the following standards and regulations. 1. Each SRO facility shall comply with all applicable development standards for the applicable zoning district and minimum standards contained herein below. 2. Units shall have a minimum size of 150 square feet and a maximum of 400 square feet. 3. Each unit shall accommodate a maximum of two persons. 4. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 25- 65 -8(D) of the Code. 5. Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every twenty units of fractional number thereof, with at least one washer and dryer per floor, which shall be enclosed. 6. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility. L. The facility may provide the following services in. a :designated area separate from sleeping areas: 1. A recreation area inside the shelter or in an - outdoor area visually separated from public view by a minimum six foot tall visually screening decorative wall or' fence. 2. A counseling center for job placement, educational, health care, legal services, or mental health services. 3. Laundry facilities to serve the number of clientsat the shelter. 4. Kitchen and dining area. " 5. Client storage area. U Similar types of facilities to address the needs of homeless clients; as determined, by the Development Services Director. A shelter, management plan shall belsubmitted as =a part- - of the permit application, which addresses all of the following: 1. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall'be. available for use upon first occupancy of the proposed project and' shalt reasonably be expected to be available for the life of the project:', 2. A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety, plans, and assisting clients. The facility shall not employ staff who'have been convicted of a felony or who are required to register as a -sex, registrant. under Penal Code 290. 3. Service providers shall maintain up- to- date ` information -and referral sheets to give clients and other persons who, for any reason, cannot be served by the' establishment. 4. Service providers shall provide criteria to screen clients for' admittance eligibility, with the objective to provide.. first service, to individuals with, connections to Lynwood. 5. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not'exceed 120 days' in a 365 -day period., 6. Service :providers shall continuously . monitor waiting, areas , to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider' because of time or resource,constraints, ` the monitor shall inform the client of alternative programs and locations where he or she may seek similar service. 7. Service providers shall provide 'a minimum of one (1)" private security personnel during all hours of operation. Before selection of the private security company, a service provider shall consult with . the Los Angeles County. Sheriff's Department, Century. Station. 8. Service providers will educate on -site Staffto provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including.' referrals to outside assistance agencies.' An annual report on this activity. will be provided to the City. 9. Service providers shall provide for the timely removal, of litter attributable to clients within the vicinity of the facility every 24 -h6ur period.' 7. Each unit required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower. 8. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than 30 inches in front. 9. Each SRO (efficiency) unit shall have a separate closet. 10. SRO (efficiency) units shall comply with all requirements of the California Building Code and all other codes. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. 11. An SRO (efficiency) unit project shall not be located within five hundred (500) feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot. 12. An SRO (efficiency) unit project with 10 or more units shall provide on -site management. A project with less than 10 units may provide a management office off - site. 13. Tenancy of SRO (efficiency) units shall not be less than 30 days and maximum period of 12 months. 14. SRO (efficiency) unit parking shall be provided as follows: a. One (1) uncovered parking space for every three (3) SRO (efficiency) units. b. Two (2) uncovered parking spaces for an onsite manager unit. c. Each efficiency unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit. 15. Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple - family residential project per Article 150. 25 -24 -22 Notification: In addition to the notification required by the Lynwood Municipal Code, representatives of the Sheriff's department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.