11.01 Homeless Shelter Ordinance Amendment '�`S'���'P��q`�'G' ` �
��� ����a AGENDA ITEM
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`�pP' June 11, 2019
TO: ��Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: William Crouch, Community Development Director
REVIEW: City Manag inance��
1. SUBJECT
Introduction and first reading of an ordinance of the City Council of the City of Orange,
Ordinance No. 03-19, an Ordinance of the City Council of the City of Orange amending
Title 17 of the Orange Municipal Code to modify homeless shelter separation
requirements and maximum bed count in the M-1 and M-2 Zoning District.
2. SUMMARY
The proposed Ordinance will amend the Zoning Code by modifying the distance
> separation standard for homeless shelters and the maximum number of beds allowed per
facility established in City Council Ordinance No. 06-12, which was intended to comply
with Government Code Section 65583. The required distance between homeless shelters
will be reduced from at least 300 feet to at least 275 feet and the maximum number of
beds will be increased from 100 or fewer to 150 or fewer.
3. RECOMMENDED ACTION
Adopt Ordinance 03-19 for first reading.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community .
c: Support and enhance attractive, diverse living environments.
e: Develop and strengthen collaborative partnerships to enhance and promote quality
of life programs, projects, and services.
6. DISCUSSION AND BACKGROUND
Project Background
ITEM �� � 06/11/2019
The California Legislature passed Senate Bill (SB) 2, effective January 1, 2008, requiring
local planning and zoning regulations to facilitate and encourage homeless shelters.
Specifically, State law required that at least one zoning district be identified where
homeless shelters would be allowed "by right", without discretionary City approvals.
To comply with State law, the City Council approved Ordinance No. 06-12 at its March
13, 2012 meeting. The Ordinance modified the City's zoning regulations to allow
homeless shelters in the Light Industrial (M-1) and Industrial Manufacturing (M-2) Zoning
Districts, subject to development standards and requirements pertaining to shelter
location; overnight occupancy limits; required senrices and facilities; lighting; parking; and
preparation of an Operation Plan which addresses length of stay, hours of operation,
staffing, client intake, and safety and security. Included in the regulations was a 300 foot
separation requirement befinreen shelters and a 100 bed size limit.
Shortly after adoption, the California Department of Housing and Community
Development (HCD) provided feedback on the City's adopted ordinance and indicated
that the City's shelter separation requirement needed to be less 300 feet to comply with
Government Code Section 65583, Subdivision (a)(4)(A)(v).
Project Description
Based on the State's feedback, staff is proposing to modify the Special Use Regulations
for Homeless Shelters, requiring that homeless shelters be located at least 275 feet from
any other homeless shelter, reducing the requirement from 300 feet to 275 feet.
Given the City's participation in countywide efforts to address the homeless crisis, and
the successful operation of the HomeAid Family CareCenter, staff is recommending an
increase in the bed count limit of the Code from 100 to 150 beds to expand capacity for
emergency shelters. The HomeAid Family CareCenter has demonstrated that a well-
managed emergency shelter can provide an important service to the community without
detriment. Staff also recognizes the ongoing high level of demand for emergency shelters.
The proposed Ordinance is provided as Attachment 1 to this report. Tracked changes to
the Ordinance are contained in Attachment 2.
Issue Items
No issues have been identified. The Ordinance clean-up implements a change request
by the State and puts the City in good standing with HCD.
Environmental Impact
The proposed Ordinance Amendment is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class
5, Minor Alterations in Land Use Limitations) because it involves a modification to a
citywide development standard related to the allowable distance between homeless
shelters and .the maximum bed count per facility in specific zones. It does not involve a
specific site, development project, or focused geographic area, does not change
permitted land use or density and does not otherwise result in a physical change that
could cause an impact to the environment.
ITEM 2 06/11/2019
Planning Commission Hearing
On May 6, 2019, the Planning Commission conducted a public hearing for the proposed
Ordinance Amendment and recommended City Council approval of Ordinance 03-19 by
a vote of 5-0. There were no public comments at the public hearing.
7. ATTACHMENTS �
1. Draft Ordinance (clean)
2. Planning Commission Staff Report, May 6, 2019 (including tracked changes of
draft Ordinance)
3. Planning Commission Draft Minutes, May 6, 2019
ITEM 3 06/11/2019
ORDINANCE NO. 03-19
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17
OF THE ORANGE MUNICIPAL CODE TO
MODIFY HOMELESS SHELTER SEPARATION
REQUIREMENTS AND MAXIMUM BED COUNT
IN THE M-1 AND M-2 ZONING DISTRICTS.
� APPLICANT: CITY OF ORANGE
WHEREAS, the City Council of the City of Orange has previously adopted a
comprehensive Ordinance, to be codified in Orange Municipal Code Title 17, pertaining to the
location, zoning and development standards applicable to homeless shelters; and
WHEREAS, Subsection II of Orange Municipal Code Section 17.13.040 sets forth the
Special Use Regulations for homeless shelters, including separation requirements from certain
other uses and maximum number of beds allowed; and
WHEREAS, the City wishes to clarify the language in the Code regarding the separation
requirement between homeless shelters and expand the maximum capacity of homeless shelters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Subsection 1 of Section 17.13.040.II, "Special Use Regulations — Homeless Shelter," of
the Orange Municipal Code is hereby amended in its entirety to read as follows:
"1. Homeless shelters shall be located at least five hundred(500)feet from
any residential use or residentially-zoned property, public or private
park, or public or private kindergarten through 12th grade curriculum
school, as measured from the closest property line. In addition,
homeless shelters shall be located at least two hundred seventy-five
(275)feet from any other homeless shelter,as measured from the closest
property line. Homeless shelters shall be located within '/2-mile of a
transit stop."
SECTION II:
Subsection 2 of Section 17.13.040.II, "Special Use Regulations — Homeless Shelter," of
the Orange Municipal Code is hereby amended in its entirety to read as follows:
"2. Overnight occupancy shall be limited to one bed per seventy (70) square feet of
sleeping area and shall be in accordance with Building Code requirements.
Maximum occupancy per facility shall be limited to one hundred fifty (150) beds
or fewer. For purposes of determining maximum occupancy, one shelter client per
bed is assumed."
SECTION III:
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 IV:
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 suimnary 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 day of , 2019.
Mark A. Murphy, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
ORD 03-19 2 MEB
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, 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
_day of , 2019, and thereafter at the regular meeting of said City Council duly
held on the_day of , 2019,was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COiJNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
ORD 03-19 3 MEB
• • •
���P���. Planning Colnmisszon
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*� ��* �genda Item
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May 6, 2019
TO: Chair Glasgow and
Members of the Planning Commission
THRU: Anna Pehoushek,Assistant Director 1�
FROM: Ashley Brodkin,Associate Planne�
SUBJECT
PUBLIC HEARING: An Ordinance amending Title 17 of the Orange Municipal Code to modify
the Special Use Regulations for Homeless Shelters related to separation requirements and maximum
bed count.
SUMMARY
In 2012, the City adopted an ordinance allowing homeless shelters by -right in the Light
Manufacturing (M-1) and Industrial Manufacturing (M-2) Zoning Districts subject to certain
development standazds. This Ordinance was adopted in order to comply with Sta.te law.
Based on feedback from the State, staff is proposing to modify the Special Use Regulations for
Homeless Shelters, reducing tlie distance between shelter separation requirement from 300, feet to
275 feet and increasing the maximum number of beds per facility from 100 to 150.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 04-19 entitled:
A RESOLUTION OF THE PLANNING. CONIMISSION
RECOMIV�NDING THAT THE CITY COUNCIL APPROVE DRAFT
CITY COUNCIL ORDINANCE AMENDING TITLE 17 OF THE
ORANGE MUI�TICIPAL CODE TO MODIFY HOMELESS SHELTER
SEPARATION REQUIREMENTS AND MAXIMUM BED COUNT IN THE
M-1 AND M-2 ZO1vING DISTRICTS
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Section 17.08.020 authorizes the Planning Commission to review
and make recommendations to the City Council on Zoning Ordinance Amendments:The Planning
Commission action is advisory to the City Council. The City Council is the final decision making
body.
Planning Commission Staff Report
May 6, 2019
Page 2
PUSLIC NOTICE
On April 25, 2019, the City published notice of the Planning Commission's consideration of the
proposed ordinance in the Orange City News, as required per the OMC and California Government
Code Section 65091..
ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed Ordinance Amendment is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section
15305 (Class 5, Minor Alterations in Land Use Limitations) because it involves a modification to a
citywide development standard related to the allowable distance between homeless shelters and the
maximum bed count per facility in specific zones. It does not involve a specific site, deyelopment
project, or focused geographic area, does not change permitted land use or densify and does not
otherwise result in a physical change that could cause an impact to the environment. Nothing
further is warranted or required to comply with CEQA. No public review is required for an
exemption.
PROJEC'T'BACKGROUND
State Law
The California Legislature passed Senate Bill (SB) 2, effective January 1, 2008. This bill modified
State Housing Element law to require local planning and zoning regulations to facilitate and
encourage homeless shelters. Specifically, State law required that at least one zoning district be
identified where homeless shelters would be allowed "by right", that is without a conditional use
permit(CUP) or other discretionary City approval.
Existing Homeless Shelters Code Requirements
To comply with State law, the City Council approved Ordinance No. 06-12 at its March 13, 2012
meeting. The Ordinance modified the City's zoning regulations to allow homeless shelters in the
Light Industrial (M-1)and Industrial.Manufacturing (M-2)Zoning Districts, subject to development
standazds and requirements pertaining to shelter location; overnight occupancy limits; required
services and facilities; lighting; pazking; and preparation of an Operational Plan which addressed
length of stay,hours of operation, staffing, client intake, and safety and security.
California Department of Housing and Community Development Feedb$ck
In 2013, as part of the General Plan Housing Element Update for the 2014-2021 planning period,
the State provided feedback on the City's adopted homeless shelters ordinance and indicated a
concern with the way the homeless shelters location requirements were written. The Code permits
homeless shelters by right in the M-1 and M-2 Zoning Districts, so long as they aze located: "at
least S00 feet from any residential use or residentially-zoned property, public or private parl� or
public or private kindergarten through 12'h grade curriculum school, as measured from the closest
Planning Commission Staff Report
May 6,2019
Page 3
property line. In addition, Homeless Shelters shall be located at least 300 feet from any other
Homeless Shelter, as measured from the closest properry line. Homeless Shelters shall be located
within '/_�=mile of a transit stop. "(OMC Section 17.13.040, Subsection II, Special Use Regulations—
Homeless Shelters). The State has indicated .in communication in July 2018 that the City cannot
specify separation requirements for homeless shelters greater or equal to 300 feet, in compliance
with Government Code Section 65583,.Subdivision(a)(4)(A)(v).
Based on the State's feedback, staff is proposing to modify the Special Use Regulations for
Homeless Shelters, requiring that homeless shelters "be located at least two hundred and seventy-
five (275) feet from any other homeless shelter," reducing the requirement from 300 feet to 275
feet.
Maximum Bed Count
Given the City's participation in County-wide efforts to address the homeless crisis, and the
successful operation of the HomeAid Family CareCenter, staff is recommending an increase in the
bed count limit of the Code from 100 to 150 beds to expand capacity for emergency shelters. The
Family CazeCenter has dernonstrated that a .well-managed emergency shelter can provide an
important service to the community without detriment. StafF also recognizes the ongoing high level
of demand for emergency shelters.
PROJECT DESCRIPTION
The proposed Ordinance will amend the Zoning Code by modifying the homeless shelter distance
sepazation standazd and the maximum number of beds allowed per facility established in City
Council Ordinance No. 06-12, which was intended to comply with Govemment Code Section
65583. The required distance between homeless shelters will be reduced from at least 300 feet to at
least 275 feet and the maximum number of beds will be increased from 100 or fewer to 150 or
fewer: The proposed Ordinance_modifies the following sections of the OMC:
Section 17.13:040, Special Use Regulations, is amended to modify Subsection II,
"Special Use Regulations - Homeless Shelter" so the distance requirement for homeless
shelters shall be located at least two hundred and seventy-five (275) feet from any other
homeless shelter and maximurri occupancy per facility shall be limited to one hundred
and fifty(150)beds or fewer.
The proposed City Council Ordinance is provided as an attachment to the Planning Commission
Resolution.
APPLICATION(S) REQUESTEDI REQUIRED FINDINGS
Zonins Ordinance Amendment: The request involves a Zoning Ordinance Arriendment.
Planning Commission Staff Report
May 6, 2019
Page 4
Required Findings: There are no required findings for a Zoning Ordinance Amendment
since it is considered a legislative action. However, OMC Section 17.10.020 requires that
when the Planning Commission makes a recommendation to the City Council, the Planning
Commission include in its decision: 1) the reasons for the recommendation; 2) the
relationship of the proposed amendment to the General Plan; and 3) the environmental
determination. These three items are addressed in draft Planning Commission Resolution
No. 04-19. By adopting the Resolution, the Planning Commission will have complied with
this Code provision.
ANALYSIS/STATEMENT OF THE ISSUES
No issues have been identified. The Ordinance clean-up implements a change request by the State
and provides for expanded capacity for emergency shelters in the City of Orange.
ADVISORY BOARD RECOMMENDATION
The proposed Ordinance Update was not.reviewed by the C�ity's intemal review team. (SMART)
because, as an ordinance, there are no technical issues that specifically necessitate any department
review.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. 04-19 (including Draft City Council Ordinance, clean)
2. Draft City Council Ordinance(redline)
RESOLUTION NO.PC 04-19
A RESOLUTION OF THE PLANI�IING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL
APPROVE DRAFT CITY COUNCIL ORDINANCE
AMENDING TITLE 17 OF THE ORANGE MUNICIPAL
CODE TO MODIFY HOMELESS SHELTER SEPARATION
REQUIREMENTS AND MAXIMUM SED COUNT IN THE
M-1 AND M-2 Z01�1ING DISTRICTS
APPLICANT: CYTY OF ORANGE
Moved by Commissioner. and seconded by Commissioner
that the following resolution be adopted:
WIiEREAS, the City Council of the City of Orange adopted Ordinance No. 06-12 on
March 13, 2012, codified in then Section .17.20.OSO.H of the Orange Municipal Code (OMC),
pertaining to the location, zoning and development standards applicable to homeless shelters;
and
WHEREAS, the City of the City of Orange adopted Ordinance No. 13-18 on December
11,2018,re-numbering-Section 17.20.OSO.H as Section 17.13.040.II; and
WHEREAS, Subsection II of OMC Section 17.13.040 sets forth the Special Use
Regulations for homeless shelters, including sepazation requirements from certain other uses and
maximum number of beds allowed;and
WHEREAS,the City wishes to bring the Ianguage in the OMC regarding the separation
requirement between homeless shelters into alignment with State law and expand tlie maximum
capacity of homeless shelters to serve the needs of those lacking housing in the community.
WHEREAS,the Planning Commission has authority per OMC Section 17.08.020 to hold
a public hearing to make a finding by resolution.stating-its recommendation to the City Council
on amendments to the zoning code and makes the following findings with respect to the
Ordinance.
NOW,THEREFORE,BE IT RESOLVED that the Planning Commission recommends
the City Council adopt the draft Gity Council Ordinance, shown as Attachment A, attached
hereto,based on the following fmdings:
SECTION 1-FINDINGS
1. The Zoning Ordinance Amendment implements the General Plan Housing Element by
complying with State law and ensuring that opportunities exist in Orange for the
development of homeless shelters to serve Orange's homeless population.
Attachment 1:Planning Commission �
Resolution No.04-19(including Draft�i
City Council Ordinance,clean) ,
Planning Commission OS/06/l9 �
2. The Zoning Ordinance Amendment clarifies the sepazation requirements between homeless
shelters which aze permitted by right within the M-1 and M-2 zoning districts to be
consistent with State law.
SECTION 2-ENVIRONMENTAL REVIEW
The Zoning Ordinance Amendment is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 — Minor
Alterations to Land Use Limitations). This exemption applies to projects involving minor
alterations to land use limitations in azeas with an average slope of less than 20%, which do not
result in changes in land use or density. The Zoning Ordinance Ameridment falls under a Class 5
categorical exemption because it involves a modification to, a citywide development standard
related to the allowable distance between homeless shelters in.specific zones. It does not involve
a specific site, development project, or focused geographic area, does not change permitted land
use or density and does not otherwise result in a physical change that could cause an impact to
the environment. Any specific development project undertaken in the future pursuant to the
amended Zoning Ordinance would be required to comply with CEQA at that time.
I hereby certify that the Planning Commission of the City of Orange adopted the foregoing
resolution on May 6th,2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ernest J. Glasgow,Planning Commission Chair
Date
ORDINANCE NO. -19
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17
OF THE ORANGE MUNICIPAL CODE TO
MODIFY HOMELESS SHELTER SEPARATION
REQUIREMENTS.AND MAXIMUM BED COUNT
IN THE M-1 AND M-2 ZONING DISTRICTS.
APPLICANT: CITY OF ORANGE
WHEREAS, the City Council of the City of Orange has previously adopted a
comprehensive Ordinance, to be codified in Orange Municipal Code Title 17, pertaining ta the
location,zoning and development standards applicable to homeless shelters; and
WHEREAS, Subsecrion II of Orange Municipal Code Secrion 17.13.040 sets forth the
Special Use Regulations for homeless shelters, including separation requirements from certain
other uses and maximum number of beds allowed; and
WHEREAS,the City wishes to clarify the language in the Code regarding the separation
requirement between homeless shelters and expand the maximum capacity of homeless shelters.
NOW,TAEREFORE,TIiE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Subsection 1 of Section 17.13.040.II; "Special Use Regulations —Homeless Shelter," of
the Orange:Municipal Code is hereby amended in its entirety to read as follows:
"1. Homeless shelters shall be located at least five hundred(500)feet from
any residential use or residentially-zoned property, public or private
park, or public or private kindergarten through 12`h grade curriculum
school, as measured from the closest property line. In addition,
homeless shelters shall be located at least two hundred seventy-five
(275)feet from any other homeless shelter,as measured from the closest
property line. Homeless shelters shall be located within '/Z-mile of a
transit stop."
SECTION II:
Subsection-2 of Section 17.13.040.II, "Special Use Regulations —Homeless Shelter," of
the Orange Municipal Code is hereby amended in its entirety.to read as follows:
"2. Overnight occupancy shall be limited to one bed per seventy (70) square feet of
sleeping area and shall be in accordance with Building Code requirements.
Maximum occupancy per.facility shall be limited to one hundred fifty(150)beds
or fewer. For purposes of deternuning maximum occupancy,one shelter client per
bed is assumed."
SECTION III:
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 N:
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 leasf 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 voring
for and against the Ordinance in accordance with Government Code Section 36933.
ADOPTED this day of , 2019.
Mark A. Murphy,Mayor,City of Orange
ATTEST:
Painela Coleman,City Clerk, City of Orange
ORD 03-19 2 MEB
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
. I, PAMELA COLEMAN, 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
_day of , 2019, and thereafter at the regular meeting of said City Council duly
held on the_day of ,2019,was duly passed and adopted by the following vote,
to wit:
AYES: COUNCII,MEMBERS:
NOES: COUNCILMEMBERS:
ASSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk,City of Orange
ORD 03-19 3 MEB
ORDINANCE NO. -19
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17
OF THE ORANGE MUNICIPAL CODE TO
MODIFY HOMELESS SHELTER SEPARATION
REQUIREMENTS AND MAI�MUM BED COUNT
IN THE M-1 AND M-2 ZONING DISTRICTS.
APPLICANT: CITY OF ORANGE
WHEREAS, the City Council of the City of Orange has previously adopted a
comprehensive Ordinance, to be codified in Orange Municipal Code Title 17, pertaining to the
location,zoning and development standards applicable to homeless shelters; and
WHEREAS, Subsection II of Orange Mutucipal Code Section 17.13.040 sets forth the
Special Use Regulations for homeless shelters, including separation requirements from certain
other uses and maximum number of beds allowed; and
WHEREAS, the City wishes to clarify the language in the Code regarding the separation
requirement between homeless shelters and expand the maximum capacity of homeless shelters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Subsection 1 of Section 17.I3.040.II, "Special Use Regulations —Homeless Shelter," of
the Orange Municipal Code is hereby amended in its entirety to read as follows:
"1. Homeless shelters shall be located at least five hundred(500)feet from
any resiiiential use or residentially-zoned property, public or private
pazk, or public or private kindergarten through lZth grade curriculum
school, as measured from the closest property line. In addition,
I homeless shelters shall be located at least �'�•�� '�.,�a��a i�nm�,o
hundred seventv-five (2751 feet from any other homeless shelter, as
measured from the closest property line. Homeless shelters shall be
located within'/z=mile of a transit stop."
SECTION II:
Subsection 2 of Section 17.13.040.II, "Special Use Regulations —Homeless Shelter," of
the Orange Municipal Code is hereby amended.in its entirety to read as follows:
Attachment 2: Draft City.Council _
Ordinance(redline)
� Planning Commission OS/06/19
"2. Overnight occupancy shall be limited to one bed per seventy (70) square feet of
sleeping area and shall be in accordance with Building Code requirements.
1Vlaximum occupancy per facility shall be limited to one hundred fi�(�88150)
( beds or�essfewer. For purposes of determining maximum occupancy, one shelter
client per bed is assumed."
SECTION III:
Should any secrion, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstiturionality 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 irrespecrive of the-fact that any one or
more sections, subsecNons, sentences,clauses or phrases be declared invalid or unconstitutional.
SECTION N:
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 wluch 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 day of , 2019.
Mark A.Murphy,Mayor;City of Orange
ATTEST: •
Pamela Coleman, City Clerk,City of Orange
ORD 03-19 2 MEB
STATE OF CALIFORNIA )
COUNTY OF ORANGE � )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, Califorciia, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
_day of , 2019,and thereafter at the regular meeting of said City Council duly
held on the_day of ,2019,was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS: •
Pamela Coleman,City Clerk, City of Orange
ORD 03-19 3 MEB
Planning Commission May 6, 2019
Draft Minutes
Planning Commission May 6, 2019
City of Orange Monday 7:00 p.m.
PRESENT: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
STAFF
PRESENT: Mary Binning, Senior Assistant City Attorney
Anna Pehoushek,Assistant Community Development Director
Chad Ortlieb, Senior Planner
Ashley Brodkin, Associate Planner
Jessica Wang, Administrative Specialist
Simonne Fannin, Recording Secretary
REGULAR SESSION
1.1 CALL TO ORDER: Chair Glasgow called the meeting to order at 7:00 p.m.
1.2 FLAG SALUTE: Commissioner Simpson led the flag salute.
1.3 ROLL CALL: Commissioners Glasgow, Willits, Simpson,Martinez and Vazquez
1.4 PUBLIC PARTICIPATION:
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The
public hearing was closed.
1.5 CONTINUED OR WITHDRAWN ITEMS: None
1.6 PLANNING MANAGER REPORTS: None
1.7 ANNOUNCEMENT OF THE APPEAL PROCEDURES
2. CONSENT CALENDAR:
2.1 APPROVAL OF MINUTES FROM THE REGULARLY SCHEDULED�
MEETING OF APRIL 15,2019.
A motion was made to approve the Apri115, 2019 minutes with a modification on page
3:
MOTION: Commissioner Glasgow
SECOND: Commissioner Vazquez
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
1
Planning Commission May 6, 2019
3. NEW COMMISSION BUSINESS:
3.1 GENERAL PLAN CONFORMANCE FINDING FOR FY 2019-2020 through
2023-2024 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
The Capital Improvement Program (CIP) serves as a single comprehensive plan of
proposed capital improvement projects for the budget year FY 2019-2020 and the four
years thereafter. In accordance with State law, the City must determine that the CIP is
consistent with the General Plan.
NOTE: Staff has reviewed the list of projects identified in the CIP and determined that a number
of projects will likely involve the need for preparation of environmental documentation
in accordance with the California Environmental Quality Act (CEQA). Appropriate
CEQA documents will be prepared after a specific project scope is defined but prior to
City Council approval of construction contracts.
RECOMMENDED ACTION:
Find that the projects identified within the proposed five-year Capital Improvement
Program are consistent with the City's General Plan.
Chad Ortlieb, Senior Planner provided an overview of the five-year Capital Improvement Program
consistent with the staff report. He noted that CIP projects will be taken forward to City Council
concurrent with the budget and that individual projects will be assessed by Council at the time they
are ready to move forward.
Commissioner Simpson asked about whether a project needed to be in the CIP in order for the City
to pursue grant funding.
A motion was made finding that the projects identified within the proposed five-year Capital
Improvement Program are consistent with the City's General Plan.
MOTION: Commissioner Simpson
SECOND: Commissioner Willits
AYES: Commissioners Glasgow, Willits, Simpson, Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
4. NEW HEARING:
4.1 HOMELESS SHELTER ORDINANCE AMENDMENT
An Ordinance amending Title 17 of the Orange Municipal Code to modify the Special
Use Regulations for Homeless Shelters related to separation requirements and
maximum bed count.
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Planning Commission May 6, 2019
NOTE: The proposed Ordinance Amendment is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class
5, Minor Alterations in Land Use Limitations) because it involves a modification to a
citywide development standard related to the allowable distance between homeless shelters
and the maximum bed count per facility in specific zones. It does not involve a specific site,
development project, or focused geographic area, does not change permitted land use or
density and does not otherwise result in a physical change that could cause an impact to the
environment. Nothing further is warranted or required to comply with CEQA. No public
review is required for an exemption.
RECOMMENDED ACTION:
Adopt Planning Commission Resolution No. 04-19 entitled:
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL APPROVE DRAFT CITY COUNCIL
ORDINANCE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL
CODE TO MODIFY HOMELESS SHELTER SEPARATION
REQUIREMENTS AND MAXIMUM BED COUNT IN THE M-1 AND M-2
ZONING DISTRICTS
Ashley Brodkin, Associate Planner provided an overview of the proposed ordinance
consistent with the staff report. She added that the City is being proactive in providing
more flexibility to the shelters and it will also show the State that the City is compliant
with the legislation and may possibly be eligible to receive more housing funding.
The Commission and staff discussed the potential expansion of homeless shelter
operations in Orange and how the City is working collaboratively with other cities in the
County for a more unified integrated approach to serving the homeless population need.
Staff clarified that no other shelter has been proposed in Orange at this particular time.
Commissioner Martinez requested information about the rationale behind the additional
25' of separation between shelters. Chair Glasgow asked if the increase in the bed count
limit was required by state law. Commissioner Willits asked for confirmation of the areas-
of the city covered by industrial zoning.
Chair Glasgow opened the public hearing portion of the meeting. There were no speakers. The
public hearing was closed.
The Commissioners the City's commitment to helping the homeless, and expressed their
support of the work of the homeless shelter operator in Orange.
A motion was made to adopt a Resolution of the Planning Commission
recommending that the City Council approve draft City Council Ordinance
amending Title 17 of the Orange Municipal Code to modify homeless shelter
separation requirements and m�imum bed count in the M-1 and M-2 Zoning
Districts and find the ordinance exempt from CEQA.
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Planning Commission May 6, 2019
MOTION: Commissioner Vazquez
SECOND: Commissioner Martinez
AYES: Commissioners Glasgow, Willits, Simpson,Vazquez and Martinez
NOES: None
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
ADJOURNMENT:
The meeting was adjourned at 7:27 PM.
The next regular Planning Commission meeting will be held on May 20, 2019
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