Loading...
11.01 Homeless Shelter Ordinance Amendment '�`S'���'P��q`�'G' ` � ��� ����a AGENDA ITEM ���... :� ��F�=�B:,�-:�;�P `�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 ��:•�:Q� *� ��* �genda Item �� ���5��� � 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. 2 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. 3 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 4