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HomeMy WebLinkAboutORD 06-13 Amending Title 17 Transitional HousingORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 ZONING) OF THE ORANGE MUNICIPAL CODE TO ALLOW FOR TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING IN SINGLE FAMILY RESIDENTIAL, DUPLEX RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, OLD TOWNE MIXED USE, AND PUBLIC INSTITUTION ZONING DISTRICTS EITHER AS A PERMITTED OR CONDITIONALLY PERMITTED USE PURSUANT TO STATE LAW; TO ASSIGN PARKING STANDARDS FOR TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING; AND TO RECOGNIZE EXISTING TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING LOCATED IN THE OLD TOWNE MIXED USE ZONES AS A "PERMITTED USE" ALLOWING SUCH USES TO RENOVATE, RECONSTRUCT, OR EXPAND, SUBJECT TO COMPLIANCE WITH DEVELOPMENT STANDARDS APPLICANT: CITY OF ORANGE WHEREAS, the State of California Legislature passed Senate Bill (SB) 2 (effective January 1, 2008) modifying State Housing Element law to require local planning and zoning regulations to recognize transitional and supportive housing as a residential use, subject to only those restrictions that apply to other residential uses of the same type in the same zone; and WHEREAS, the City's 2008 -2014 Housing Element was adopted on April 13, 2010 and, pursuant to State law, included Housing Element Policy Action No. 30 addressing SB 2 requirements; and WHEREAS, Housing Element Policy Action No. 30 commits the City to analyze and amend its Zoning Ordinance to meet SB 2 requirements for transitional and supportive housing; and WHEREAS, the City recognizes that transitional and supportive housing provide housing options for special needs populations in our community; and WHEREAS, transitional and supportive housing are currently not defined or otherwise explicitly permitted or not permitted in the Orange Municipal Code; and WHEREAS, in order to comply with State law and to ensure that the City's Zoning Ordinance accurately reflects the City's land use policy for transitional and supportive housing, the City finds it necessary to amend its Zoning Ordinance; and WHEREAS, the City Council finds the proposed Ordinance Amendment is categorically exempt from the provisions of the California Environmental Quality Act CEQA) per State CEQA Guidelines Section 15305 (Class 5 -Minor Alterations in Land Use Limitations) because it establishes land use regulations allowing transitional and supportive housing in zoning districts where similar housing types are already allowed pursuant to State law. Therefore, it does not change land use or density; WHEREAS, the Planning Commission, having considered the proposed changes to the Orange Municipal Code contained herein at a public hearing held on February 4, 2013, March 4, 2013 and April 15, 2013 including review of the staff report and receiving public testimony on the item, has determined that the proposed amendment is justified and recommends approval thereof; and WHEREAS, the City Council having conducted a public hearing on June 11, 2013 including review of the staff report and receiving public testimony on the item, has determined that the proposed amendment is justified and approves thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.038, "S" Definitions, of the Orange Municipal Code is hereby amended to add the following definition: SUPPORTIVE HOUSING - Buildings configured as rental housing developments with no limit on length of stay, that is occupied by the "target population ", and that is linked to on- 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. (Ref: Health and Safety Code 50675.14(b)) Supportive housing is intended to be permanent housing and is typically rented under legal lease agreements. Typically, on- or off -site supportive services are offered to tenants, but participation is not required to maintain tenancy. Target population" as used above means persons or families who are "homeless" (as that term is defined by Section 11302 of Title 42 of the United States Code), or who are homeless youth" (as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code), or persons who are homeless with a disability as that term is defined in State and Federal law. (Ref: Health and Safety Code Section 50675.14(b)(3)(A)) 2 SECTION II: Section 17.04.039, "T" Definitions, of the Orange Municipal Code is hereby amended to add the following definitions: TRANSITIONAL HOUSING — Buildings configured as rental housing developments occupied by the "target population ", but operated under program requirements that call for 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. Ref: Health and Safety Code 50675.2(h)) Transitional housing programs typically have specific criteria/thresholds for participation, include onsite staff and supportive services, and facilitate movement of tenants to permanent housing within two years. Target population" as used above means persons or families who are "homeless" (as that term is defined by Section 11302 of Title 42 of the United States Code), or who are homeless youth" (as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code), or persons who are homeless with a disability as that term is defined in State and Federal law. (Ref: Health and Safety Code Section 50675.14(b)(3)(A)) SECTION III: Section 17.14.030, Permitted Uses, of the Orange Municipal Code is hereby amended, modifying Table 17.14.030, Uses in Residential Zones, to add "Supportive Housing (6 or fewer persons) ", "Supportive Housing (7 or more persons) ", "Transitional Housing (6 or fewer persons) ", and "Transitional Housing (7 or more persons)" to the list of Residential Uses" to appear after "Senior Citizen Housing Development ", as follows: Table 17.14.030 USES IN RESIDENTIAL ZONES LAND USE R1 -5 R1 -6 to R1 -15 R1 -20 to R1 -40 & R1 -R R2 -6 to R2 -8 R -3 R -4 MH Residential Uses Supportive Housing (6 or fewer persons)P*P*P*P*P*P*P* Supportive Housing (7 or more persons)C+C+ 3 Transitional Housing (6 or fewer P*P*P*P*P*P*P* persons) Transitional Housing (7 or more C+C+ persons) KEY: P = Permitted Use. C = Conditional Use Permit required. Refer to administrative procedure provisions in Section 17.08.030 Not Permitted. A = Accessory Use. Use subject to special provisions contained in Section 17.14.050 Use subject to special provisions contained in Section 17.14.060 Use subject to special provisions contained in Sections 17.14.070 (V) and (W). SECTION IV: Section 17.14.050, "Special Use Regulations" for Residential zones, of the Orange Municipal Code is hereby amended to add Subsection P (Supportive Housing (6 or fewer persons)) and Subsection Q (Transitional Housing (6 or fewer persons)), as follows: P. Supportive Housing (6 or fewer persons). Supportive Housing (6 or fewer persons) is permitted, provided that there are no more than six residents residing per legal lot who meet the definition of "target population" provided in OMC Section 17.04.038. In addition to the residents, one on -site house manager is allowed. 1. Alternative Parking Standard. Supportive Housing (6 or fewer persons) shall comply with applicable development standards, including parking standards outlined in OMC Section 17.34. Due to the varying operational characteristics of such uses, an alternative parking standard may be warranted, and may be requested by the Applicant based on quantitative information demonstrating parking demand for the use. The request shall be considered by the Zoning Administrator at a Noticed public hearing. Notice shall be posted and mailed to surrounding property owners, in accordance with the requirements in OMC Section 17.08.040 B. Zoning Administrator approval shall be based on the following findings: a. The Applicant has demonstrated that the alternative parking standard is adequate to accommodate parking demand for the use based on its specific operational characteristics. b. Acceptance of the alternative parking standard will not cause deterioration or special problems for the area. 19 City acceptance of the alternative parking standard is based on the specific operational characteristics of the use and is not applicable to a change in the use of the property in the future. Q. Transitional Housing (6 or fewer persons). Transitional Housing (6 or fewer persons) is permitted, provided that there are no more than six residents residing per legal lot who meet the definition of "target population" provided in OMC Section 17.04.039. In addition to the residents, one on -site house manager is allowed. In addition, Transitional Housing (6 or fewer persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.14.050.P.1. SECTION V: Section 17.14.060, "Conditional Use Regulations" for Residential zones, of the Orange Municipal Code is hereby amended to add Subsection H (Supportive Housing (7 or more persons)) and Subsection I (Transitional Housing (7 or fewer persons)), as follows renumbering the subsections thereafter): H. Supportive Housing (7 or more persons). Supportive Housing (7 or more persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.14.050.P.1. I. Transitional Housing. Transitional Housing (7 or more persons) is subject to the Alternative Parking Standard provision identified in OMC Section 17.14.050.P.1. SECTION VI: Section 17.19.030, "Permitted Uses ", of the Orange Municipal Code is hereby amended, modifying Table 17.19.030, "Use Regulations for Mixed -Use Zones ", to add Supportive housing (6 or fewer persons) ", "Supportive housing (7 or more persons) - existing uses ", "Transitional housing (6 or fewer persons) ", and "Transitional housing (7 or more persons)- existing uses" to the list of "Residential Uses" to appear after "Single family residences" as follows: Table 17.19.030 USE REGULATIONS IN MIXED -USE ZONES USE OTMU- 15S OTMU -15 OTMU -24 NMU- 24 UMU Additional Requirements Residential Uses 5 Supportive housing P P P 17.14.050. P 6 or fewer persons) Supportive housing P P P 17.14.050. P.1. 7 or more persons)-17.19.070. E existing uses Transitional housing P P P 17.14.050. Q 6 or fewer persons) Transitional housing P P P 17.14.050. P.1. 7 or more persons)-17.19.070. F existing uses SECTION VII: Section 17.19.070, "Special Use Regulations" for Mixed Use zones, of the Orange Municipal Code is hereby amended to add Subsection E (Supportive housing (7 or more persons - existing uses) and Subsection F (Transitional housing (7 or more persons)- existing uses), as follows (renumbering the subsections thereafter): E. Supportive housing (7 or more persons)- existing uses. Existing supportive housing (7 or more persons) located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06 -13, is recognized as a "permitted use ". Such uses are allowed to remain in the OTMU zones indefinitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards. F. Transitional housing (7 or more persons)- existing uses. Existing transitional housing (7 or more persons) located in the OTMU zones, which was legally established prior to the effective date of Ordinance 06 -13, is recognized as a "permitted use ". Such uses are allowed to remain in the OTMU zones indefinitely. Further, additions, reconstruction, alterations and expansions of such uses and facilities are allowed, provided that development is undertaken in accordance with all applicable Code standards. SECTION VIII: Section 17.24.020, "Permitted Uses ", of the Orange Municipal Code is hereby amended, modifying Table 17.24.020, "Public Institution Use Regulations ", to add "Supportive housing" and "Transitional housing" to the list of uses to appear before "Transit facilities ", as follows: Gel Table 17.24.020 PUBLIC INSTITUTION USE REGULATIONS Use PI Supportive housing A* Transitional housing A* Key: P = Permitted Use C = Conditional use permit required. Refer to Section 17.10.030 for provisions Not Permitted A = Accessory Use Special use regulations apply. Refer to Section 17.24.040. Conditional use subject to special provisions contained in Section 17.24.045 SECTION IX: Section 17.24.040, "Special Use Regulations" for the PI zone, is hereby amended to add Subsection H (Supportive housing) and Subsection I (Transitional housing), as follows: H. Supportive housing. Such housing is permitted, provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved. I. Transitional housing. Such housing is permitted, provided the housing is ancillary to an institutional use such as a church, hospital, or other permitted institutional use, and is administered by the institution involved. SECTION X: Section 17.34.060, Required Number of Parking Spaces, is hereby amended modifying Table 17.34.060A, Required Number of Parking Spaces for Residential Uses, to add "Supportive Housing" and "Transitional Housing" after "Boarding house, bed and breakfast inns ", as follows: VA Table 17.34.060A Required Number of Parking Spaces for Residential Uses Use Required Number of Spaces Supportive Housing, Transitional Housing Supportive Housing and Transitional Housing located in a single - family dwelling unit shall be subject to the parking standards for "Single- family housing and PUD's in R -1 Zone Districts ". Supportive Housing and Transitional Housing located within a duplex shall be subject to the parking standards for "R -2 Zone Districts ". Supportive Housing and Transitional Housing located within a multi - family dwelling unit shall be subject to the parking standards for "Apartments, condominiums and PUDs in Multiple Family Zone Districts ". For Transitional Housing or Supportive Housing configured as group quarters (i.e. where bed(s) are provided in individual rooms but kitchen and/or bathroom facilities are shared), 1 space per bed, plus one space per onsite staff person (during the shift with maximum staffing levels). Parking spaces may be enclosed or unenclosed, but are encouraged to be unenclosed. SECTION XI: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION XII: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after its passage in a newspaper of general circulation in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. ADOPTED this 9 th day of July, 2013. WC Teresa V. Smith, Mayor, ity of Orange ATTEST: Mary E. rp City Clerk, City range STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 25 day of June, 2013, and thereafter at the regular meeting of said City Council duly held on the 9 th day of July, 2013, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. Cit t o Orange 6