MEETING DATE: PREPARED BY: DEPARTMENT DIRECTOR: …

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MEETING DATE: February 13, 2019

PREPARED BY: Nicole Piano-Jones, Management Analyst

DEPARTMENT DIRECTOR:

Brenda Wisneski

DEPARTMENT: Development Services CITY MANAGER: Karen P. Brust

SUBJECT: Second reading and adoption of Ordinance No. 2019-01 for proposed amendments to the Municipal Code to Allow Emergency Shelters as a Permitted Use in the Business Park and Light Industrial Zones. CASE NO: 18-231 ZA/LCPA; LOCATION: Business Park and Light Industrial Zones

RECOMMENDED ACTION:

1. Adopt Ordinance No. 2019-01, titled “An Ordinance of the City of Encinitas Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters As a Permitted Use in the Business Park and Light Industrial Zones.”

STRATEGIC PLAN:

This item relates to the Community Planning Focus Area to pursue a range of diverse housing opportunities balanced throughout the community, and to develop new planning and development approaches to support sustainable communities. This item also relates to the strategic plan goal to qualify for Certified Housing Element status.

FISCAL CONSIDERATIONS:

There are no fiscal impacts associated with the recommended action.

BACKGROUND:

Senate Bill (SB) 2, adopted in 2007, became effective January 1, 2008 and amended Sections 65582, 65583, and 65589.5 of the Government Code. It requires, among other things, that jurisdictions identify a zone where a year-round emergency shelter is permitted without discretionary review. Although Chapter 30.09 of the Zoning Use Matrix allows Emergency Residential Shelters in the General Commercial zone upon issuance of Major Use Permit, the City’s existing Zoning Code does not allow emergency shelters as a permitted use in any zone, and therefore, is not in compliance with the requirements of SB 2. Additionally, the existing definition of Emergency Residential Shelters as defined in Encinitas Municipal Code (EMC) Chapter 30.04 does not comply with state law and therefore needs to be revised. On June 12, 2018, the City received a review letter from the Department of Housing and Community Development (HCD) regarding the City’s draft 2013-2021 Housing Element. The letter specified that, for the Housing Element to be consistent with State law, the City would need to adopt an ordinance permitting emergency shelters without discretionary action, as required by SB 2.

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On November 15, 2018, the Planning Commission considered Ordinance 2019-01, as Ordinance No. 2018-15. Three members of the public registered their support for the recommended action. The Planning Commission unanimously approved Resolution PC No. 2018-40 (Attachment 2) to recommend that the City Council adopt the ordinance with modifications. The Planning Commission’s requested modifications were addressed and incorporated into Ordinance 2019-01. On January 9, 2019, the City Council voted unanimously to introduce Ordinance 2019-01 without any revisions or modifications. Two members of the public registered their support for the recommended action.

ANALYSIS:

Ordinance No. 2019-01 amends the Encinitas Municipal Code to accomplish the following:

Define emergency shelter;

Specify the zones in which emergency shelters are permitted; and,

Establish objective development standards for emergency shelters. Definitions (EMC 30.04.010) The City’s current definition of Emergency Residential Shelter does not comply with the state requirement. Ordinance 2019-01 amends EMC Section 30.04.010, to comply with the definition of emergency shelter, per California Health and Safety Code § 50801(e). Zones (EMC 30.09.010) Ordinance 2019-01 amends EMC Section 30.09.010 to permit Emergency Shelters without discretionary review in the Business Park (BP) and Light Industrial (LI) zones and retain the existing provisions to allow Emergency Shelters upon issuance of a Major Use Permit in other zones. The City currently allows Emergency Residential Shelters with the issuance of a Major Use Permit in the General Commercial Zones, Downtown Commercial Mixed Use-1 (DCM-1) and Downtown Commercial Mixed Use-2 (DCM-2) zones, and North Commercial Mixed Use-1 (NCM-1), North Commercial Mixed Use-2 (NCRM-2), and North Commercial Residential Mixed Use-1 zones. So long as the City adopts provisions allowing emergency shelters in a zone without discretionary review, it may provide for discretionary review of emergency shelters in another zone. Emergency Shelters (EMC 30.36)

Ordinance No. 2019-01 adds EMC Chapter 30.36 to address development and operational standards for shelters. Below is a summary of the proposed standards for Emergency Shelters:

Establish maximum bed count at 45 per facility

Require full-time staffing at all hours of operation

Require Operational Plan

Require a minimum 300-foot distance from other Emergency Shelters

The state requires that emergency shelters must be permitted without discretionary review and only objective standards limited to certain issues can be applied. Therefore, Emergency Shelters will not be subject to EMC Chapter 23.03 (Design Review) or EMC Chapter 23.06 (Citizen Participation Plan), but only subject to the standards set forth in proposed EMC Chapter 30.36 (Emergency Shelters). As the LI and BP zones are located within the Coastal Zone, Emergency Shelters would be subject to EMC Chapter 30.80 (Coastal Development Permit (CDP)) if required for the proposed construction, but typically an interior remodel to accommodate a change in use would not require a CDP.

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ENVIRONMENTAL CONSIDERATIONS:

The City finds that the proposed amendments to the Encinitas Municipal Code are exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5). Section 15378(b)(5) exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the ordinance being considered will not result in any physical development in and of itself. Additionally, the changes implement the policies contained in the City’s Draft 2013-2021 Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal to permit emergency shelters within the LI and BP zones was also reviewed in the Program Environmental Impact Report (EIR) certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by the adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately describes this zoning amendment for the purposes of CEQA.

ATTACHMENTS:

Attachment 1 – City Ordinance No. 2019-01 titled “An Ordinance of the City of Encinitas Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters As a Permitted Use in the Business Park and Light Industrial Zones.”

Attachment 2 – January 9, 2019 City Council Agenda Report

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DRAFT ORDINANCE NO. 2019-01

AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30

(ZONING) OF THE ENCINITAS MUNICIPAL CODE, WHICH PROPOSES TO ALLOW

EMERGENCY HOMELESS SHELTERS AS A PERMITTED USE IN THE BUSINESS PARK

(BP) AND LIGHT INDUSTRIAL (LI) ZONES

SECTION ONE. The City Council of the City of Encinitas does hereby find and declares as

follows:

WHEREAS, California Government Code § 65583(4) (A-D) requires that all jurisdictions

adopt an ordinance which specifies the zone(s) in which an emergency shelter will be permitted

without a conditional use permit or other discretionary permit;

WHEREAS, the draft 2013-2021 Housing Element approved by the City Council on June 20, 2018 contains Housing Element Program 2E, which provides that the City will amend its Zoning Code to include emergency shelters as a permitted use within the Light Industrial and Business Park zones;

WHEREAS, the City finds that the proposed amendments to the City’s Municipal Code

permitting Emergency Shelters within the Light Industrial and Business Park Zones are exempt

from environmental review pursuant to General Rule, Section 15061(b)(3) of the California

Environmental Quality Act (CEQA) Guidelines, since there would be no possibility of a

significant effect on the environment, in that the ordinance being considered will not result in any

physical development in and of itself. Additionally, the changes implement the policies contained

in the City's draft 2013 to 2021 Housing Element and is required to be adopted by Government

Code § 65583(a)(4)(A-D). The proposal to permit Emergency Shelters within the Light Industrial

and Business Park zones was also reviewed in the Program Environmental Impact (EIR) Report

certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June

20, 2018, and no further impacts will be created by adoption of zoning amendments to

implement the proposed policy; hence the program EIR adequately describes this zoning

amendment for the purposes of CEQA;

WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments

(LCPA) was issued which opened a six-week public review period that ran from November 2,

2018 and concluded on December 14, 2018;

WHEREAS, the proposed Local Coastal Program Amendment meets the requirements

of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict

with any coastal zone regulations or policies with which future development must comply;

WHEREAS, the Planning Commission conducted a Public Hearing on November 15,

2018 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code

(presented to the Commission as Ordinance No. 2018-15 but renumbered as Ordinance No.

2019-01) and considered public testimony and made a recommendation to the City Council to

adopt the proposed amendments;

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WHEREAS, the City Council conducted a Public Hearing on January 9, 2019 and

February 13, 2019 for the purpose of considering amendments to Title 30 of the Encinitas

Municipal Code;

WHEREAS, the City Council has duly considered the totality of the record and all

evidence submitted into the record, including public testimony and the evaluation and

recommendations by staff, presented at said hearing;

WHEREAS, notices of said public hearings were made at the time and in the manner

required by law; and,

WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a

manner in full conformance with the California Coastal Act of 1976 and the Development

Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal

Program Amendment to the California Coastal Commission for their review and adoption.

NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains

as follows:

SECTION TWO. The following provisions of Title 30 of the Encinitas Municipal [Zoning] Code

shall be amended to read as follows.

Section 30.04.010 Definitions

The following definitions in Chapter 30.04, Definitions of Title 30 of the Encinitas Municipal Code are hereby amended to read as follows:

EMERGENCY RESIDENTIAL SHELTER. To provide for immediate, basic shelter needs of the

homeless and victims of sudden disaster. Length of continuous stay is not to exceed 30 days for

any household or individual. Parking standards would be established by preparing a parking

study through the use permit process.

EMERGENCY SHELTER shall have the same meaning as defined in California Health and

Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for

homeless persons that is limited to occupancy of six months or less by a homeless person. No

individual or household may be denied emergency shelter because of an inability to pay.”

Section 30.09.010 Zoning Use Matrix

The Zoning Use Matrix of Chapter 30.09, of Title 30 of the Encinitas Municipal Code shall be amended to read as follows, including the corresponding footnote, and shall be integrated into the existing Chapter in alphabetical order:

RR

RR-1 RR-2

RS-11 R-3 R-5 R-8

R-11 R-15

R-20 R-25

MHP OP LC GC VSC LI BP P/SP

ER/ OS/ PK

L-LC L-VSC

Emergency Residential

X X X X X X X C X P* P* X X X X

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Shelter

*As required by California Government Code § 65583(a)(4) (A-D), emergency shelters, as defined in California Health and Safety Code § 50801(e) that are in conformance with the provisions of Encinitas Municipal Code Chapter 30.36 shall be approved without any discretionary approvals (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (citizen participation plan) and the California Environmental Quality Act; however, such uses are subject to the California Coastal Act.

Chapter 30.36 Emergency Shelters

Chapter 30.36 (Emergency Shelters) of Title 30, Zoning of the Encinitas Municipal Code is hereby added as follows:

CHAPTER 30.36

EMERGENCY SHELTERS

30.36.010 Purpose. The purpose of this section is to provide standards and guidelines for

Emergency Shelters as defined by Encinitas Municipal Code 30.04.010 and as required by state

law and to ensure that emergency shelters are developed in a manner that protects the health,

safety, and welfare of those staying in the shelters and nearby residents and businesses.

30.36.020 Standards for Emergency Shelters. Emergency shelters are permitted in the Light

Industrial (LI) and Business Park (BP) zones without discretionary review (including such

discretionary approvals as design review and use permit approval) and are exempt from the

provisions of Chapter 23.06 (Citizen Participation Plan) and the California Environmental Quality

Act if in compliance with each of the standards listed in this Section. However, emergency

shelters are subject to the California Coastal Act. Each emergency shelter shall comply with the

following standards:

A. The emergency shelter must comply with all objective development standards

within Encinitas Municipal Code Chapter 30.24 Light Industrial Zones, as

applicable to its respective zone. However, if a conflict exists between the

standards of Chapter 30.24 and the standards in this Section, the standards of

this Section shall prevail.

B. The emergency shelter shall be located a minimum distance of 300 feet from

another emergency shelter, with said measurement being defined as the shortest

distance between the outside walls of the structures housing such facilities.

C. The number of beds permitted for each emergency shelter facility shall not

exceed 45.

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D. The maximum length of stay by an individual in an emergency shelter shall not

exceed six months in any consecutive 12-month period. No individual shall be

denied emergency shelter because of inability to pay.

E. Signage must meet standards set forth in Encinitas Municipal Code Chapter

30.60 Signs.

F. If the site on which an emergency shelter is proposed to be located contains

hazardous materials, remediation must be completed to a residential use

standard before the site can be used for an emergency shelter.

G. Off-street parking requirements shall comply with Encinitas Municipal Code

Chapter 30.54 Off Street Parking for industrial uses, unless the applicant

provides substantial evidence demonstrating that the actual parking need is

lower, subject to the approval of the Development Services Director.

H. Bicycle parking shall be provided at a rate of one per five beds.

I. The shelter shall be fully accessible to persons with a mobility impairment and

those with a hearing or visual impairment.

J. Each emergency shelter facility shall include an on-site interior client intake and

waiting area of 10 square feet per bed. If an exterior waiting area is also

provided, it shall be enclosed or screened from public view and adequate to

prevent obstruction of the public right-of-way and required parking and access.

No use permit shall be required for any outdoor use, including without limitation

exterior waiting areas and exterior refuse areas, that are in conformance with the

standards of this Chapter 30.36,

K. The emergency shelter shall include an exterior refuse area screened from view.

L. Lighting must meet standards for Light Industrial Zones set forth in Encinitas

Municipal Code Section 30.24.010(H).

M. Prior to the issuance of a Certificate of Occupancy or commencement of use of

an emergency shelter, a written plan for operation of the facility shall be

submitted for the review and written approval of the Development Services

Director. The required plan shall include measures to address all of the following:

1. At least one facility manager shall be on-site at all hours the facility is

open and one hour prior to and after shelter operating hours. At least one

full-time equivalent employee (who may include the facility manager) shall

be required to be on-site during shelter operating hours for every 20 beds

in the shelter.

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2. A set of facility rules and procedures for maintaining a safe environment

within and outside the emergency shelter.

3. The posting of signage regarding rules of the emergency shelter.

4. Secure storage areas for personal possessions.

5. Description and hours of any organized outdoor activities, to be limited to

8:00 am to 7:00 pm.

6. The procedures for admittance and discharge of clients.

7. Staff training programs.

8. Referral services and distribution of resources available to clients for

obtaining permanent shelter, mental and physical health care, career

development, and educational, legal, and other supportive services.

9. Neighborhood outreach and communication strategies.

10. The manner in which the cleaning of client’s clothing will be

accommodated. On-site laundry facilities for clients are encouraged.

11. The following services may be provided for the exclusive use or benefit of

the shelter residents. If any are provided, the operation plan shall include

a description of those services:

a) Childcare services, and evidence that any required state license

has been secured;

b) Substance abuse counseling and evidence that any required state

license has been secured;

c) Standards, rules, and operational arrangements covering on-site

meal preparation and/or other means of providing food; and

d) The manner in which clients' pets will be accommodated.

SECTION THREE: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FOUR: Public Notice and Effective Date. The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act.

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SECTION FIVE:

This Ordinance was introduced on January 9, 2019.

PASSED AND ADOPTED this __day of _______, 2019 by the following vote to wit: AYES: NAYS: ABSTAIN: ABSENT: _______________________________________

Catherine S. Blakespear, Mayor, City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No. 2019 -01 which has been published pursuant to law. __________________________ Kathy Hollywood, City Clerk

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MEETING DATE: January 09, 2019

PREPARED BY: Nicole Piano-Jones, Management Analyst

DEPARTMENT DIRECTOR:

Brenda Wisneski

DEPARTMENT: Development Services CITY MANAGER: Karen P. Brust

SUBJECT: Introduction of Draft Ordinance No. 2019-01 for proposed amendments to the Municipal Code to Allow Emergency Shelters as a Permitted Use in the Business Park and Light Industrial Zones. CASE NO: 18-231 ZA/LCPA; LOCATION: Business Park and Light Industrial Zones

RECOMMENDED ACTION:

1. Introduce City Council Ordinance No. 2019-01, titled “An Ordinance of the City of Encinitas Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters As a Permitted Use in the Business Park and Light Industrial Zones.”

STRATEGIC PLAN:

This item relates to the Community Planning Focus Area to pursue a range of diverse housing opportunities balanced throughout the community, and to develop new planning and development approaches to support sustainable communities. This item also relates to the strategic plan goal to qualify for Certified Housing Element status.

FISCAL CONSIDERATIONS:

There are no fiscal impacts associated with the recommended action.

BACKGROUND:

Senate Bill (SB) 2, adopted in 2007, became effective January 1, 2008 and amended Sections 65582, 65583, and 65589.5 of the Government Code. It requires, among other things, that local jurisdictions identify a zone where a year-round emergency shelter is permitted without discretionary review. Although Chapter 30.09 of the Zoning Use Matrix allows Emergency Residential Shelters in the General Commercial zone upon issuance of Major Use Permit, the City’s existing Zoning Code does not allow emergency shelters as a permitted use in any zone, and therefore, is not in compliance with the requirements of SB 2. Additionally, the existing definition of Emergency Residential Shelters as defined in Encinitas Municipal Code (EMC) Chapter 30.04 does not comply with state law and therefore needs to be revised. The statute permits the City to apply limited conditions to the approval of ministerial permits for emergency shelters. Government Code § 65583(a)(4)(A-D) requires that the identified zone have

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sufficient capacity to accommodate the City’s unsheltered homeless population. In January 2018, the Point-in-Time Count found 39 sheltered and 86 unsheltered homeless individuals in the City of Encinitas. On June 20, 2018, the City’s draft 2013-2021 Housing Element was approved by the City Council (Resolution No. 2018-61). The draft 2013-2021 Housing Element includes Program 2E, which provides that the City will amend its Zoning Code to include emergency shelters as a permitted use within the Light Industrial (LI) and Business Park (BP) zones. On June 12, 2018, the City received a review letter from the Department of Housing and Community Development (HCD) regarding the City’s draft 2013-2021 Housing Element. The letter specified that, for the Housing Element to be consistent with State law, the City would need to adopt an ordinance permitting emergency shelters without discretionary action, as required by SB 2. On November 15, 2018, the Planning Commission considered this item at a regularly scheduled meeting. Three members of the public registered their support for the recommended action. The Planning Commission unanimously approved Resolution PC No. 2018-40 (Attachment 3) to recommend that the City Council adopt the ordinance with modifications. To address the Planning Commission’s recommendations, changes and corrections were made to draft Ordinance 2018-15 (Attachment 1), as further described in the Analysis section of this Agenda Report. Ordinance 2019-01 was considered by the Planning Commission on November 15, 2018, as Ordinance No. 2018-15. The Ordinance number was changed as it will be introduced by the City Council in 2019, not 2018 as originally anticipated.

ANALYSIS:

Draft Ordinance No. 2019-01 amends the Encinitas Municipal Code to accomplish the following:

Define emergency shelter,

Specify the zones in which emergency shelters are permitted; and,

Establish objective development standards for emergency shelters. Definitions (EMC 30.04.010) The City’s current definition of Emergency Residential Shelter does not comply with the state requirement. Amendments to EMC Section 30.04.010, are proposed to comply with the definition of emergency shelter, per California Health and Safety Code § 50801(e).

Current Proposed

EMERGENCY RESIDENTIAL SHELTER. To provide for immediate, basic shelter needs of the homeless and victims of sudden disaster. Length of continuous stay is not to exceed 30 days for any household or individual. Parking standards would be established by preparing a parking study through the use permit process.

EMERGENCY SHELTER. Emergency Shelter shall have the same meaning as defined in California Health and Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.”

Zones (EMC 30.09.010) The City currently allows Emergency Residential Shelters only in the General Commercial Zone with a Major Use Permit which does not comply with the state requirement to allow emergency shelters without discretionary review. It should be noted that Emergency Shelters are also permitted upon the issuance of a Major Use Permit in the Downtown Encinitas Specific Plan; Downtown Commercial Mixed Use-1

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(DCM-1) and Downtown Commercial Mixed Use-2 (DCM-2) zones, and the North 101 Specific Plan; North Commercial Mixed Use-1 (NCM-1), North Commercial Mixed Use-2 (NCRM-2), and North Commercial Residential Mixed Use-1 zones. Amendments to EMC Section 30.09.010 are proposed to permit Emergency Shelters without discretionary review in the BP and LI zones and retain the existing provisions to allow Emergency Shelters upon issuance of a Major Use Permit in other zones. So long as the City adopts provisions allowing emergency shelters in a zone without discretionary review, it may provide for discretionary review of emergency shelters in another zone.

Current Proposed

Conditionally Permitted in General Commercial , DCM-1, DCM-2, NCM-1, NCM-2, and NCRM-1 Zones

Permitted Use in Business Park and Light Industrial Zones and Conditionally Permitted in General Commercial DCM-1, DCM-2, NCM-1, NCM-2, and NCRM-1 Zones

Emergency Shelters (EMC 30.36)

Additionally, draft Ordinance No. 2019-01 adds EMC Chapter 30.36 to the City’s Zoning Code to address development and operational standards for shelters. Below is a summary of the proposed standards for Emergency Shelters:

Establish maximum bed count at 45 per facility

Require full-time staffing at all hours of operation

Require Operational Plan

Require a minimum 300-foot distance from other Emergency Shelters

The state requires that emergency shelters must be permitted without discretionary review and only objective standards limited to certain issues can be applied. Therefore, Emergency Shelters will not be subject to EMC Chapter 23.03 (Design Review) or EMC Chapter 23.06 (Citizen Participation Plan), but only subject to the standards set forth in proposed EMC Chapter 30.36 (Emergency Shelters). As the LI and BP zones are located within the Coastal Zone, Emergency Shelters would be subject to EMC Chapter 30.80 (Coastal Development Permit (CDP)) if required for the proposed construction, but typically an interior remodel to accommodate a change in use would not require a CDP. Planning Commission Recommendations Below is a summary of the recommendations made by the Planning Commission at their public hearing on November 15, 2018, followed by staff’s response.

1. Evaluate retaining emergency shelters as a conditional use in the General Commercial Zones

Response: Draft Ordinance 2019-01 initially proposed to remove the Conditional Use of Emergency Shelters within the General Commercial Zones. The Planning Commission requested that this provision be given further consideration. Upon further review, staff found that Emergency Shelters are also allowed in the DCM-1, DCM-2, NCM-1, NCM-2, NCRM-1 zones upon issuance of a Major Use Permit. Emergency Shelters proposed in the General Commercial zone, subject to a Major Use Permit, would also be subject to the Housing Accountability Act (State Government Code §65589.5) and would be subject to CEQA. The Housing Accountability Act requires that written findings be made to deny an Emergency Shelter based on evidence that such development would be detrimental to health & safety of the public using objective standards versus subjective criteria are required in order to deny an emergency shelter. Staff agreed that continuing to provide additional opportunities for Emergency Shelters within the City would be the best course of action.

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2. Modify language regarding on-site laundry facilities

Response: Draft Ordinance 2019-01 initially required laundry facilities to be present on-site. The Planning Commission, as well, as the City’s special legal counsel, agreed this language should be revised to provide more flexibility. The draft provisions of EMC Section 30.36.020 was modified within Draft Ordinance 2019-01 to remove the requirement for on-site facilities and replaced with wording noting that laundry for clients’ needs must be addressed in the Operational Plan and that on-site facilities are encouraged.

3. Address existing legal non-conforming emergency shelter uses

Response: Draft Ordinance 2019-01 does not specifically address any shelters currently in existence within the City. The Planning Commission asked staff to consider if additional language would be appropriate to address such uses. Staff determined that an existing emergency shelter would be subject to the provisions of EMC 30.76 (Non-Conformities), which allows the use to be continued but not expanded, and therefore, no additional language would be needed.

ENVIRONMENTAL CONSIDERATIONS:

The proposed request to amend sections of the Municipal Code is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5). Section 15378(b)(5) exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the ordinance being considered will not result in any physical development in and of itself. Additionally, the changes implement the policies contained in the City’s Draft 2013-2021 Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal to permit emergency shelters within the LI and BP zones was also reviewed in the Program Environmental Impact Report (EIR) certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by the adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately describes this zoning amendment for the purposes of CEQA.

ATTACHMENTS:

Attachment 1 – Draft Ordinance No. 2019-01 titled “An Ordinance of the City of Encinitas Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters As a Permitted Use in the Business Park and Light Industrial Zones.”

Attachment 2 – November 15, 2018 Planning Commission Meeting Agenda Report Attachment 3 – Planning Commission Resolution No. 2018-40

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AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30

(ZONING) OF THE ENCINITAS MUNICIPAL CODE, WHICH PROPOSES TO ALLOW

EMERGENCY HOMELESS SHELTERS AS A PERMITTED USE IN THE BUSINESS PARK

(BP) AND LIGHT INDUSTRIAL (LI) ZONES

SECTION ONE. The City Council of the City of Encinitas does hereby find and declares as

follows:

WHEREAS, California Government Code § 65583(4) (A-D) requires that all jurisdictions

adopt an ordinance which specifies the zone(s) in which an emergency shelter will be permitted

without a conditional use permit or other discretionary permit;



permitting Emergency Shelters within the Light Industrial and Business Park Zones are exempt

from environmental review pursuant to General Rule, Section 15061(b)(3) of the California

Environmental Quality Act (CEQA) Guidelines, since there would be no possibility of a

significant effect on the environment, in that the ordinance being considered will not result in any

physical development in and of itself. Additionally, the changes implement the policies contained

in the City's draft 2013 to 2021 Housing Element and is required to be adopted by Government

Code § 65583(a)(4)(A-D). The proposal to permit Emergency Shelters within the Light Industrial

and Business Park zones was also reviewed in the Program Environmental Impact (EIR) Report

certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June

20, 2018, and no further impacts will be created by adoption of zoning amendments to

implement the proposed policy; hence the program EIR adequately describes this zoning

amendment for the purposes of CEQA;

WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments

(LCPA) was issued which opened a six-week public review period that ran from November 2,

2018 and concluded on December 14, 2018;

WHEREAS, the proposed Local Coastal Program Amendment meets the requirements

of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict

with any coastal zone regulations or policies with which future development must comply;

WHEREAS, the Planning Commission conducted a Public Hearing on November 15,

2018 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code

(presented to the Commission as Ordinance No. 2018-15 but renumbered as Ordinance No.

2019-01) and considered public testimony and made a recommendation to the City Council to

adopt the proposed amendments;

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WHEREAS, the City Council conducted a Public Hearing on January 9, 2019 for the

purpose of considering amendments to Title 30 of the Encinitas Municipal Code;

WHEREAS, the City Council has duly considered the totality of the record and all

evidence submitted into the record, including public testimony and the evaluation and

recommendations by staff, presented at said hearing;

WHEREAS, notices of said public hearings were made at the time and in the manner

required by law; and,

WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a

manner in full conformance with the California Coastal Act of 1976 and the Development

Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal

Program Amendment to the California Coastal Commission for their review and adoption.

NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains

as follows:

SECTION TWO. The following provisions of Title 30 of the Encinitas Municipal [Zoning] Code

shall be amended to read as follows.




homeless and victims of sudden disaster. Length of continuous stay is not to exceed 30 days for

any household or individual. Parking standards would be established by preparing a parking

study through the use permit process.

EMERGENCY SHELTER shall have the same meaning as defined in California Health and

Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for

homeless persons that is limited to occupancy of six months or less by a homeless person. No

individual or household may be denied emergency shelter because of an inability to pay.”



RR

RR-1 RR-2

RS-11 R-3 R-5 R-8

R-11 R-15

R-20 R-25


ER/ OS/ PK

L-LC L-VSC


Shelter X X X X X X X C X P* P* X X X X

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*As required by California Government Code § 65583(a)(4) (A-D), emergency shelters, as defined in California Health and Safety Code § 50801(e) that are in conformance with the provisions of Encinitas Municipal Code Chapter 30.36 shall be approved without any discretionary approvals (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (citizen participation plan) and the California Environmental Quality Act; however, such uses are subject to the California Coastal Act.



CHAPTER 30.36

EMERGENCY SHELTERS

30.36.010 Purpose. The purpose of this section is to provide standards and guidelines for

Emergency Shelters as defined by Encinitas Municipal Code 30.04.010 and as required by state

law and to ensure that emergency shelters are developed in a manner that protects the health,

safety, and welfare of those staying in the shelters and nearby residents and businesses.

30.36.020 Standards for Emergency Shelters. Emergency shelters are permitted in the Light

Industrial (LI) and Business Park (BP) zones without discretionary review (including such

discretionary approvals as design review and use permit approval) and are exempt from the

provisions of Chapter 23.06 (Citizen Participation Plan) and the California Environmental Quality

Act if in compliance with each of the standards listed in this Section. However, emergency

shelters are subject to the California Coastal Act. Each emergency shelter shall comply with the

following standards:

A. The emergency shelter must comply with all objective development standards

within Encinitas Municipal Code Chapter 30.24 Light Industrial Zones, as

applicable to its respective zone. However, if a conflict exists between the

standards of Chapter 30.24 and the standards in this Section, the standards of

this Section shall prevail.

B. The emergency shelter shall be located a minimum distance of 300 feet from

another emergency shelter, with said measurement being defined as the shortest

distance between the outside walls of the structures housing such facilities.

C. The number of beds permitted for each emergency shelter facility shall not

exceed 45.

D. The maximum length of stay by an individual in an emergency shelter shall not

exceed six months in any consecutive 12-month period. No individual shall be

denied emergency shelter because of inability to pay.

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E. Signage must meet standards set forth in Encinitas Municipal Code Chapter

30.60 Signs.

F. If the site on which an emergency shelter is proposed to be located contains

hazardous materials, remediation must be completed to a residential use

standard before the site can be used for an emergency shelter.

G. Off-street parking requirements shall comply with Encinitas Municipal Code

Chapter 30.54 Off Street Parking for industrial uses, unless the applicant

provides substantial evidence demonstrating that the actual parking need is

lower, subject to the approval of the Development Services Director.


I. The shelter shall be fully accessible to persons with a mobility impairment and

those with a hearing or visual impairment.

J. Each emergency shelter facility shall include an on-site interior client intake and

waiting area of 10 square feet per bed. If an exterior waiting area is also

provided, it shall be enclosed or screened from public view and adequate to

prevent obstruction of the public right-of-way and required parking and access.

No use permit shall be required for any outdoor use, including without limitation

exterior waiting areas and exterior refuse areas, that are in conformance with the

standards of this Chapter 30.36,


L. Lighting must meet standards for Light Industrial Zones set forth in Encinitas

Municipal Code Section 30.24.010(H).

M. Prior to the issuance of a Certificate of Occupancy or commencement of use of

an emergency shelter, a written plan for operation of the facility shall be

submitted for the review and written approval of the Development Services

Director. The required plan shall include measures to address all of the following:

1. At least one facility manager shall be on-site at all hours the facility is

open and one hour prior to and after shelter operating hours. At least one

full-time equivalent employee (who may include the facility manager) shall

be required to be on-site during shelter operating hours for every 20 beds

in the shelter.

2. A set of facility rules and procedures for maintaining a safe environment

within and outside the emergency shelter.


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5. Description and hours of any organized outdoor activities, to be limited to

8:00 am to 7:00 pm.



8. Referral services and distribution of resources available to clients for

obtaining permanent shelter, mental and physical health care, career

development, and educational, legal, and other supportive services.


10. The manner in which the cleaning of client’s clothing will be

accommodated. On-site laundry facilities for clients are encouraged.

11. The following services may be provided for the exclusive use or benefit of

the shelter residents. If any are provided, the operation plan shall include

a description of those services:

a) Childcare services, and evidence that any required state license

has been secured;

b) Substance abuse counseling and evidence that any required state

license has been secured;

c) Standards, rules, and operational arrangements covering on-site

meal preparation and/or other means of providing food; and


SECTION THREE: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FOUR: Public Notice and Effective Date. The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act. SECTION FIVE:

This Ordinance was introduced on _________________, 2019.

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Catherine S. Blakespear, Mayor, City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No. 2019 -__ which has been published pursuant to law. __________________________ Kathy Hollywood, City Clerk

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PLANNING COMMISSION AGENDA REPORT

Development Services Department

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Agenda Item: #8C Project Name: Emergency Shelter Ordinance Request: Introduction of Draft Ordinance No. 2018-15 for proposed

amendments to the Municipal Code to Allow Emergency Homeless Shelters as a Permitted Use in the Business Park and Light Industrial Zones.

Project Number:

18-231 ZA/LCPA

Discretionary Actions: Zoning Code Amendments (ZA) Local Coastal Program Amendments (LCPA)

Prepared By: Nicole Piano-Jones, Management Analyst

[email protected] Department: Development Services Meeting Date: November 15, 2018 Report Approval: Recommended Actions:

Roy Sapa’u, City Planner 1. Open the public hearing and receive testimony; and 2. Make recommendations to the City Council to adopt the

draft Ordinance No. 2018-15 (Attachment PC-1).

PROJECT DESCRIPTION The project proposes Zoning Code Amendments to Title 30 (Zoning) of the Municipal Code as required by state law to Allow Emergency Homeless Shelters as a Permitted Use in the Business Park and Light Industrial Zones. Title 30 of the Municipal Code is a component of the Local Coastal Program (LCP); therefore, an LCP Amendment is also included as part of this project. BACKGROUND: Senate Bill (SB) 2, adopted in 2007, became effective January 1, 2008 and amended Sections 65582, 65583, and 65589.5 of the Government Code. It requires, among other things, that local jurisdictions identify a zone where a year-round emergency shelter is permitted without discretionary review. Although Chapter 30.09 of the Zoning Use Matrix allows Emergency Residential Shelters in the General Commercial zone upon issuance of Major Use Permit, the City’s existing Zoning Code does not allow emergency shelters as a permitted use in any zone, and therefore, is not in compliance with the requirements of SB 2. Additionally, the existing definition of emergency residential shelters as defined in Encinitas Municipal Code Chapter 30.04 does not comply with state law and therefore needs to be revised.

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mailto:[email protected]

PLANNING COMMISSION AGENDA ITEM #8C

NOVEMBER 15, 2018 Emergency Shelter Ordinance

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The statute permits the City to apply limited conditions to the approval of ministerial permits for emergency shelters. Government Code § 65583(a)(4)(A-D) requires that the identified zone have sufficient capacity to accommodate the City’s unsheltered homeless population. In January 2018, the annual Point-in-Time Count found 39 sheltered and 86 unsheltered individuals in the City of Encinitas. On June 20, 2018, the City’s draft 2013-2021 Housing Element was approved by the City Council (Resolution No. 2018-61). The draft 2013-2021 Housing Element includes Program 2E, which provides that the City will amend its Zoning Code to include emergency shelters as a permitted use within the Light Industrial (LI) and Business Park (BP) zones. On June 12, 2018, the City received a review letter from the Department of Housing and Community Development (HCD) regarding the City’s draft 2013-2021 Housing Element. The letter specified that, for the Housing Element to be consistent with State law, the City would need to adopt an ordinance permitting emergency shelters without discretionary action, as required by SB 2. ANALYSIS: The BP and LI zones, as shown in Attachment PC-7 are located on the south side of Encinitas Boulevard\ off of Westlake Avenue, and are comprised of 28.56 acres, of which 0.32 acres is vacant of any structures. The remaining area is developed as an industrial and business park with a variety of business and light industrial uses such as light manufacturing and warehousing. Of those parcels with existing structures, seven have structures larger than 10,000 square feet, six have structures between 5,000 and 10,000 square feet, and the remaining parcels contain structures of less than 5,000 square feet. With an allowable Floor Area Ratio of 0.75, even the smaller parcels would be sufficient to accommodate the needs of the City’s unsheltered homeless population of 86 individuals. As of May 2018, the North Coast Business Park website listed 12 suites available totaling over 18,000 square feet. In determining the area most suitable for emergency shelters, access to public transit service was an important consideration, as many individuals and households experiencing homelessness may not possess reliable means of transportation. The area encompassed by the BP and LI zones is well served by public transportation and regional connections. Another important consideration in choosing the location of an emergency shelter was proximity to employment opportunities. Several nearby businesses, including grocery and convenience stores, car washes, restaurants, and fast food chains are well established and located within 0.25 – 0.5 miles of the existing BP and LI zones. Access to services was another important consideration in identifying locations suitable for emergency shelters. The Community Resource Center is an important local partner to the City of Encinitas in providing housing navigation and supportive services for those experiencing homelessness and other at-risk populations. The Community Resource Center’s main social service office is located on Second Street approximately one mile from the BP and LI zones, and accessible by transit. The City of Encinitas is primarily built out; therefore, development of emergency shelters would most likely involve the adaptive reuse of an existing structure in the BP or LI zone. The feasibility of adaptive reuse from a building code standpoint would be similar in the BP and LI zones as in any other location throughout the City.

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As part of the work effort, staff reviewed the Emergency Shelter Ordinances in San Diego and Orange County jurisdictions and found that the majority of emergency shelters were permitted in industrial zones. A summary of that peer review is included in Attachment PC-6.

State Government Code § 65583(a)(4)(A-D) permits the City to apply limited conditions to the approval of ministerial permits for emergency shelters. Emergency shelters may only be subject to development and management standards that apply to residential or commercial development within the same zone, except that the City may apply written, objective standards that include all of the following:

The maximum number of beds or persons permitted to be served nightly by the facility.

Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.

The size and location of exterior and interior onsite waiting and client intake areas.

The provision of onsite management.

The proximity to other emergency shelters provided that emergency shelters are not required to be more than 300 feet apart.

The length of stay.

Lighting.

Security during hours that the emergency shelter is in operation.

The City is not allowed to require any discretionary review for a shelter complying with the standards, and state law exempts emergency shelters from CEQA. Additionally, if an emergency shelter not complying with the standards elects to apply for a discretionary approval, the Housing Accountability Act (State Government Code § 65589.5) limits the reasons for which a city can deny an emergency shelter serving homeless individuals. Written findings based on noncompliance with objective standards and inconsistency with the general plan and zoning are required in order to deny an emergency shelter.

As proposed, draft Ordinance No. 2018-15 amends the Encinitas Municipal Code to accomplish the following: define emergency shelter, specify the zones in which emergency shelters are permitted, and establish objective development standards for emergency shelters. Each of these areas are summarized below.

Definitions

The current definition of Emergency Residential Shelter does not comply with the state requirement. Amendments to EMC Section 30.40.010 (Definitions), are proposed to comply with the definition of emergency shelter per California Health and Safety Code § 50801(e).

Current Proposed

30.40.010 EMERGENCY RESIDENTIAL SHELTER. To provide for immediate, basic shelter needs of the homeless and victims of sudden disaster. Length of continuous stay is not to exceed 30 days for any household or individual. Parking standards would be established by preparing a parking study through the use permit process.

30.40.010 EMERGENCY SHELTER. Emergency Shelter shall have the same meaning as defined in California Health and Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay.”

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Zones Amendments to EMC Section 30.90.010 (Zoning Use Matrix) are proposed to permit emergency shelters without discretionary review in the BP and LI zones. Additionally, the existing provisions to allow Emergency Residential Shelters upon issuance of a Major Use Permit in the General Commercial Zone are removed, and shelters are thereby prohibited in the General Commercial zone.

Current Proposed

Conditionally Permitted in General Commercial Zones

Permitted Use in Business Park and Light Industrial Zones

Additionally, as proposed, draft Ordinance No. 2018-15 adds EMC Chapter 30.36 (Emergency Shelters) to the City’s Zoning Code to address development and operational standards for shelters. Below is a summary of the proposed standards for Emergency Shelters:

Establish maximum bed count at 45 per facility.

Require full-time staffing at all hours of operation.

Require Operational Plan.

Require a minimum 300-foot distance from other Emergency Shelters. The state requires that emergency shelters must be permitted without discretionary review and applying only objective standards limited to certain issues; therefore, emergency shelters will not be subject to EMC Chapter 23.03 (Design Review) or EMC Chapter 23.06 (Citizen Participation Plan), but only subject to the standards set forth in proposed EMC Chapter 30.36. As the LI and BP zones are located within the Coastal Zone, Emergency Shelters would be subject to EMC Chapter 30.80 (Coastal Development Permit (CDP)) if required for the proposed construction, but typically an interior remodel to accommodate a change in use would not require a CDP. ENVIRONMENTAL CONSIDERATIONS: The proposed request to amend sections of the Municipal Code is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5). Section 15378(b)(5) exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the ordinance being considered will not result in any physical development in and of itself. Additionally, the changes implement the policies contained in the City’s Draft 2013-2021 Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal to permit emergency shelters within the LI and BP zones was also reviewed in the Program Environmental Impact Report (EIR) certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by the adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately describes this zoning amendment for the purposes of CEQA. PUBLIC REVIEW: Local Coastal Program Amendment/Notice of Availability The City’s LCP consists of two parts: 1) Land Use Plan and 2) Implementation Plan. Title 30 of the Municipal Code is a component of the LCP Implementation Plan; therefore any amendments to these documents warrant a LCPA subject to review and approval by the California Coastal Commission. A LCPA is included as part of the subject request. A Public Notice of Availability (Attachment PC-3)

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opened a six-week public review period, which runs from November 2, 2018, through December 14, 2018, and is required to elapse prior to any final action being taken by the City Council on the LCP Amendment. If the City Council approves the LCPA, the proposed LCPA will be submitted to the California Coastal Commission for review and approval. The proposed amendments will not become effective until after formal certification by the California Coastal Commission of the LCPA. Encinitas Municipal Code (EMS) 30.00 Applicability The proposed amendments qualify as a “Regular Amendment” under EMC 30.00.040 because they do not increase the number of residential units that would be constructed on any parcel or otherwise qualify as a "Major Amendment," but do not meet the intent or purpose of a Citizen Participation Plan as specified under the Municipal Code. Pursuant to EMC Section 23.06.020 (Applicability), a Citizen Participation Plan (CPP) is intended for discretionary actions involving development or construction. The purpose of the CPP is to notify residents of a proposed development project near their properties (typically within 500 feet) in order to enhance community awareness, solicit input and feedback on potential issues and concerns, and explain how the development project was modified to address the noted concerns and issues. Public Correspondence No public correspondence has been received regarding the proposed amendments. Any comments received will be included in Attachment PC-4. GENERAL PLAN, MUNICIPAL CODE AND LOCAL COASTAL PROGRAM CONSISTENCY: The proposed amendments are consistent with the purposes of the General Plan, Municipal Code and Local Coastal Program in that the amendments do not change the intent of the sections being amended nor do they propose any site-specific change in land use or water uses. The scope of changes for the Commission’s consideration is related to compliance with State law. The proposed amendments will not become effective until after formal certification by the California Coastal Commission of the LCPA. ATTACHMENTS:

PC-1 Draft City Council Ordinance No. 2018-15, titled “An Ordinance of the City of Encinitas

Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters by Right in the Business Park and Light Industrial Zones.”

PC-2 Draft Planning Commission Resolution No. 2018-XX, Setting Forth the Commission’s

Recommendation to the City Council PC-3 Public Notice PC-4 Public Comments PC-5 State Government Code § 65583(a)(4)(A-D) & § 65589.5 PC-6 Emergency Shelter Peer Review PC-7 Vicinity Map of BP and LI Zones

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ATTACHMENT PC-1

Draft Ordinance 2018-15

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AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30 (ZONING)

OF THE ENCINITAS MUNICIPAL CODE, WHICH PROPOSES TO ALLOW EMERGENCY

HOMELESS SHELTERS AS A PERMITTED USE IN THE BUSINESS PARK (BP) AND LIGHT

INDUSTRIAL (LI) ZONES

SECTION ONE. The City Council of the City of Encinitas does hereby find and declares as follows:

WHEREAS, California Government Code § 65583(4) (A-D) requires that all jurisdictions adopt

an ordinance which specifies the zone(s) in which an emergency shelter will be permitted without a

conditional use permit or other discretionary permit;



permitting Emergency Shelters within the Light Industrial and Business Park Zones are exempt from

environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental

Quality Act (CEQA) Guidelines, since there would be no possibility of a significant effect on the

environment, in that the ordinance being considered will not result in any physical development in and

of itself. Additionally, the changes implement the policies contained in the City's draft 2013 to 2021

Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal

to permit Emergency Shelters within the Light Industrial and Business Park zones was also reviewed in

the Program Environmental Impact (EIR) Report certified by the City on June 15, 2016 and in the

Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by

adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately

describes this zoning amendment for the purposes of CEQA;

WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA)

was issued which opened a six-week public review period that ran from November 2, 2018 and

concluded on December 14, 2018;

WHEREAS, the proposed Local Coastal Program Amendment meets the requirements of, and

is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict with any coastal

zone regulations or policies with which future development must comply;

WHEREAS, the Planning Commission conducted a Public Hearing on November 15, 2018 for

the purpose of considering amendments to Title 30 of the Encinitas Municipal Code and considered

public testimony and made a recommendation to the City Council to adopt the proposed amendments;

WHEREAS, the City Council conducted a Public Hearing on December 12, 2018 for the

purpose of considering amendments to Title 30 of the Encinitas Municipal Code;

WHEREAS, the City Council has duly considered the totality of the record and all evidence

submitted into the record, including public testimony and the evaluation and recommendations by staff,

presented at said hearing;

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WHEREAS, notices of said public hearings were made at the time and in the manner required

by law; and,

WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a manner

in full conformance with the California Coastal Act of 1976 and the Development Services Director is

hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the

California Coastal Commission for their review and adoption.

NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as

follows:

SECTION TWO. The following provisions of Title 30 of the Encinitas Municipal [Zoning] Code shall be

amended to read as follows.




homeless and victims of sudden disaster. Length of continuous stay is not to exceed 30 days for any

household or individual. Parking standards would be established by preparing a parking study through

the use permit process.

EMERGENCY SHELTER shall have the same meaning as defined in California Health and Safety

Code § 50801(e), as amended, as being: "housing with minimal supportive services for homeless

persons that is limited to occupancy of six months or less by a homeless person. No individual or

household may be denied emergency shelter in this facility because of an inability to pay.”



RR

RR-1 RR-2

RS-11 R-3 R-5 R-8

R-11 R-15

R-20 R-25


ER/ OS/ PK

L-LC L-VSC


Shelter X X X X X X X C X P* P* X X X X

*As required by California Government Code § 65583(a)(4) (A-D), emergency shelters, as defined in California Health and Safety Code § 50801(e) that are in conformance with the provisions of Encinitas Municipal Code Chapter 30.36shall be approved without any discretionary approvals (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (citizen participation plan) and the California Environmental Quality Act; however, such uses are subject to the California Coastal Act.

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CHAPTER 30.36

EMERGENCY SHELTERS

30.36.010 Purpose. The purpose of this section is to provide standards and guidelines for Emergency

Shelters as defined by Encinitas Municipal Code 30.04.010 and as required by state law and to ensure

that emergency shelters are developed in a manner that protects the health, safety, and welfare of

those staying in the shelters and nearby residents and businesses.

30.36.020 Standards for Emergency Shelters. Emergency shelters are permitted in the Light Industrial

(LI) and Business Park (BP) zones without discretionary review (including such discretionary approvals

as design review and use permit approval) and are exempt from the provisions of Chapter 23.06

(Citizen Participation Plan) and the California Environmental Quality Act if in compliance with each of

the standards listed in this Section. However, emergency shelters are subject to the California Coastal

Act. Each emergency shelter shall comply with the following standards:

A. The emergency shelter must comply with all objective development standards within

Encinitas Municipal Code Chapter 30.24 Light Industrial Zones, as applicable to its

respective zone. However, if a conflict exists between the standards of Chapter 30.24

and the standards in this Section, the standards of this Section shall prevail.

B. The emergency shelter shall be located a minimum distance of 300 feet from another

emergency shelter, with said measurement being defined as the shortest distance

between the outside walls of the structures housing such facilities.

C. The maximum number of beds permitted for each emergency shelter facility shall not

exceed 45.

D. The maximum length of stay by an individual in an emergency shelter shall not exceed

six months in any consecutive 12-month period. No individual shall be denied

emergency shelter because of inability to pay.

E. Signage must meet standards set forth in Encinitas Municipal Code Chapter 30.60

Signs.

F. If the site on which an emergency shelter is proposed to be located contains hazardous

materials, remediation must be completed to a residential use standard before the site

can be used for an emergency shelter.

G. Off-street parking requirements shall comply with Encinitas Municipal Code Chapter

30.54 Off Street Parking for industrial uses, unless the applicant provides substantial

evidence demonstrating that the actual parking need is lower, subject to the approval of

the Development Services Director.

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I. The shelter shall be fully accessible to persons with a mobility impairment and those with

a hearing or visual impairment.

J. Each emergency shelter facility shall include an on-site interior client intake and waiting

area of 10 square feet per bed. If an exterior waiting area is also provided, it shall be

enclosed or screened from public view and adequate to prevent obstruction of the public

right-of-way and required parking and access. No use permit shall be required for any

outdoor use, including without limitation exterior waiting areas and exterior refuse areas,

that are in conformance with the standards of this Chapter 30.36,


L. Lighting must meet standards for Light Industrial Zones set forth in Encinitas Municipal

Code Section 30.24.010(H).

M. Laundry facilities for clients to wash their clothes shall be provided on-site.

N. Prior to the issuance of a Certificate of Occupancy or commencement of use of an

emergency shelter, a written plan for operation of the facility shall be submitted for the

review and written approval of the Development Services Director. The required plan

shall include measures to address all of the following:

1. At least one facility manager shall be on-site at all hours the facility is open and

one hour prior to and after shelter operating hours. At least one full-time

equivalent employee (who may include the facility manager) shall be required to

be on-site during shelter operating hours for every 20 beds in the shelter.

2. A set of facility rules and procedures for maintaining a safe environment within

and outside the emergency shelter.



5. Description and hours of any organized outdoor activities, to be limited to 8:00

am to 7:00 pm.



8. Referral services and distribution of resources available to clients for obtaining

permanent shelter, mental and physical health care, career development, and

educational, legal, and other supportive services.

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10. The following services may be provided for the exclusive use or benefit of the

shelter residents. If any are provided, the operation plan shall include a

description of those services:

a) Childcare services, and evidence that any required state license has been

secured;

b) Substance abuse counseling and evidence that any required state license

has been secured;

c) Standards, rules, and operational arrangements covering on-site meal

preparation and/or other means of providing food; and


SECTION THREE: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FOUR: Public Notice and Effective Date. The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act. SECTION FIVE:

This Ordinance was introduced on _________________, 2018.


Catherine S. Blakespear, Mayor, City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No. 2018 -__ which has been published pursuant to law. __________________________ Kathy Hollywood, City Clerk

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PC Resolution 2018-XX

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RESOLUTION NO. PC 2018-XX

A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPT DRAFT CITY COUNCIL ORDINANCE NO. 2018-15, TITLED “AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30

(ZONING) OF THE ENCINITAS MUNICIPAL CODE, WHICH PROPOSES TO ALLOW EMERGENCY HOMELESS SHELTERS AS A PERMITTED USE IN THE BUSINESS PARK (BP) AND LIGHT

INDUSTRIAL (LI) ZONES”

(CASE NO. 18-231 ZA/LCPA; LIGHT INDUSTRIAL AND BUSINESS PARK ZONES)

WHEREAS, Government Code §65583(a)(4)(A-D) requires that all jurisdictions identify a zone where a year-round emergency shelter is permitted by right, with sufficient capacity to accommodate the City’s unsheltered homeless population;

WHEREAS, the draft 2013-2021 Housing Element approved by the City Council on June 20, 2018 contains Housing Element Program 2E, which provides that the City will amend its Zoning Code to include emergency shelters as a permitted use within the Light Industrial and Business Park zones; and,

WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 15, 2018.

NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby RECOMMENDS APPROVAL of City Council draft Ordinance 2018-15, amending Encinitas Municipal Code Title 30 related to emergency shelters; based on the following Environmental Determination and Findings:

Section 1. California Environmental Quality Act Determination

The proposed request to amend sections of the Municipal Code is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5). Section 15378(b)(5) exempts organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment in that the ordinance being considered will not result in any physical development in and of itself. Additionally, the changes implement the policies contained in the City’s Draft 2013-2021 Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal to permit emergency shelters within the LI and BP zones was also reviewed in the Program Environmental Impact Report (EIR) certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by the adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately describes this zoning amendment for the purposes of CEQA.

Section 2. Findings.

The Planning Commission finds that this Ordinance is necessary to comply with State law.

PASSED AND ADOPTED this 15th day of November, 2018, by the following vote, to wit:

AYES: NOES: ABSTAIN: ABSENT: _______________________________

Michael Glenn O’Grady, Chair

ATTEST: _________________________ Roy Sapa’u, Secretary

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Public Notice

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10/23/2018

CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT

NOTICE OF PLANNING COMMISSION PUBLIC HEARING & NOTICE OF AVAILABILITY

PLACE OF MEETING: Council Chambers, Civic Center

505 South Vulcan Avenue Encinitas, CA 92024

THE CITY OF ENCINITAS IS AN EQUAL OPPORTUNITY PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT/SECTION 504 REHABILITATION ACT OF 1973, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES DEPARTMENT AT (760) 633-2710 AT LEAST 48 HOURS BEFORE THE MEETING IF DISABILITY ACCOMMODATIONS ARE NEEDED.

It is hereby given that the Planning Commission will conduct a Public Hearing on Thursday, November 15, 2018, at 6 p.m., to discuss the following item proposed by the City of Encinitas: CASE NUMBER: 18-231 ZA/LCPA APPLICANT: City of Encinitas LOCATION: Light Industrial and Business Park Zones DESCRIPTION: Public Hearing to consider draft Ordinance No. 2018-15 for proposed amendments to Title 30 (Zoning) of the Encinitas Municipal Code, titled “An Ordinance of the City of Encinitas Adopting Amendments to Title 30 (Zoning) of the Encinitas Municipal Code, Which Proposes to Allow Emergency Shelters as a Permitted Use in the Business Park and Light Industrial Zones” as required by state law. The Planning Commission will be making a recommendation on this item to the City Council. The City Council will consider the item at a separately noticed public hearing. Under California Government Code Section 65009, if you challenge the proposed zoning amendments in court,

you may be limited to raising only those factual and legal issues you or someone else raised at the public hearings

described in this notice, or in written correspondence delivered to the City at, or before, the public hearings

ENVIRONMENTAL STATUS: This project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). The proposed zoning amendments were also within the scope of the Program Environmental Impact Report certified by the City on June 15, 2016, which PEIR adequately described the proposed rezoning for purposes of CEQA. NOTICE OF AVAILABILITY: This project constitutes an amendment to the Local Coastal Program (LCP). If the City approves the amendment, the proposed LCP amendment must be submitted to the California Coastal Commission for review and adoption. The LCP amendment will not become effective until after adoption by the California Coastal Commission. Staff released a Notice of Availability with the Planning Commission Public Hearing Notice which opened a six-week public review period (November 2, 2018 through December 14, 2018) prior to any final action being taken by the City Council on the LCP amendment request. For further information, please contact Nicole Piano-Jones, Management Analyst, at (760) 943-2237 or via email at [email protected].

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mailto:[email protected]

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Public Comments

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ATTACHMENT PC-5

State Government Code § 65583(a)(4)(A-D)

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npiano

Text Box

and Government Code § 65589.5

State of California

GOVERNMENT CODE

Section 65583

65583. The housing element shall consist of an identification and analysis of existingand projected housing needs and a statement of goals, policies, quantified objectives,financial resources, and scheduled programs for the preservation, improvement, anddevelopment of housing. The housing element shall identify adequate sites for housing,including rental housing, factory-built housing, mobilehomes, and emergency shelters,and shall make adequate provision for the existing and projected needs of all economicsegments of the community. The element shall contain all of the following:

(a) An assessment of housing needs and an inventory of resources and constraintsrelevant to the meeting of these needs. The assessment and inventory shall includeall of the following:

(1) An analysis of population and employment trends and documentation ofprojections and a quantification of the locality’s existing and projected housing needsfor all income levels, including extremely low income households, as defined insubdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code.These existing and projected needs shall include the locality’s share of the regionalhousing need in accordance with Section 65584. Local agencies shall calculate thesubset of very low income households allotted under Section 65584 that qualify asextremely low income households. The local agency may either use available censusdata to calculate the percentage of very low income households that qualify asextremely low income households or presume that 50 percent of the very low incomehouseholds qualify as extremely low income households. The number of extremelylow income households and very low income households shall equal the jurisdiction’sallocation of very low income households pursuant to Section 65584.

(2) An analysis and documentation of household characteristics, including levelof payment compared to ability to pay, housing characteristics, including overcrowding,and housing stock condition.

(3) An inventory of land suitable and available for residential development,including vacant sites and sites having realistic and demonstrated potential forredevelopment during the planning period to meet the locality’s housing need for adesignated income level, and an analysis of the relationship of zoning and publicfacilities and services to these sites.

(4) (A) The identification of a zone or zones where emergency shelters are allowedas a permitted use without a conditional use or other discretionary permit. Theidentified zone or zones shall include sufficient capacity to accommodate the needfor emergency shelter identified in paragraph (7), except that each local governmentshall identify a zone or zones that can accommodate at least one year-round emergency

STATE OF CALIFORNIA

AUTHENTICATED ELECTRONIC LEGAL MATERIAL

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shelter. If the local government cannot identify a zone or zones with sufficient capacity,the local government shall include a program to amend its zoning ordinance to meetthe requirements of this paragraph within one year of the adoption of the housingelement. The local government may identify additional zones where emergencyshelters are permitted with a conditional use permit. The local government shall alsodemonstrate that existing or proposed permit processing, development, andmanagement standards are objective and encourage and facilitate the developmentof, or conversion to, emergency shelters. Emergency shelters may only be subject tothose development and management standards that apply to residential or commercialdevelopment within the same zone except that a local government may apply written,objective standards that include all of the following:

(i) The maximum number of beds or persons permitted to be served nightly by thefacility.

(ii) Off-street parking based upon demonstrated need, provided that the standardsdo not require more parking for emergency shelters than for other residential orcommercial uses within the same zone.

(iii) The size and location of exterior and interior onsite waiting and client intakeareas.

(iv) The provision of onsite management.(v) The proximity to other emergency shelters, provided that emergency shelters

are not required to be more than 300 feet apart.(vi) The length of stay.(vii) Lighting.(viii) Security during hours that the emergency shelter is in operation.(B) The permit processing, development, and management standards applied under

this paragraph shall not be deemed to be discretionary acts within the meaning of theCalifornia Environmental Quality Act (Division 13 (commencing with Section 21000)of the Public Resources Code).

(C) A local government that can demonstrate to the satisfaction of the departmentthe existence of one or more emergency shelters either within its jurisdiction orpursuant to a multijurisdictional agreement that can accommodate that jurisdiction’sneed for emergency shelter identified in paragraph (7) may comply with the zoningrequirements of subparagraph (A) by identifying a zone or zones where new emergencyshelters are allowed with a conditional use permit.

(D) A local government with an existing ordinance or ordinances that comply withthis paragraph shall not be required to take additional action to identify zones foremergency shelters. The housing element must only describe how existing ordinances,policies, and standards are consistent with the requirements of this paragraph.

(5) An analysis of potential and actual governmental constraints upon themaintenance, improvement, or development of housing for all income levels, includingthe types of housing identified in paragraph (1) of subdivision (c), and for personswith disabilities as identified in the analysis pursuant to paragraph (7), including landuse controls, building codes and their enforcement, site improvements, fees and otherexactions required of developers, local processing and permit procedures, and any

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locally adopted ordinances that directly impact the cost and supply of residentialdevelopment. The analysis shall also demonstrate local efforts to remove governmentalconstraints that hinder the locality from meeting its share of the regional housing needin accordance with Section 65584 and from meeting the need for housing for personswith disabilities, supportive housing, transitional housing, and emergency sheltersidentified pursuant to paragraph (7). Transitional housing and supportive housingshall be considered a residential use of property, and shall be subject only to thoserestrictions that apply to other residential dwellings of the same type in the same zone.

(6) An analysis of potential and actual nongovernmental constraints upon themaintenance, improvement, or development of housing for all income levels, includingthe availability of financing, the price of land, the cost of construction, the requeststo develop housing at densities below those anticipated in the analysis required bysubdivision (c) of Section 65583.2, and the length of time between receiving approvalfor a housing development and submittal of an application for building permits forthat housing development that hinder the construction of a locality’s share of theregional housing need in accordance with Section 65584. The analysis shall alsodemonstrate local efforts to remove nongovernmental constraints that create a gapbetween the locality’s planning for the development of housing for all income levelsand the construction of that housing.

(7) An analysis of any special housing needs, such as those of the elderly; personswith disabilities, including a developmental disability, as defined in Section 4512 ofthe Welfare and Institutions Code; large families; farmworkers; families with femaleheads of households; and families and persons in need of emergency shelter. Theneed for emergency shelter shall be assessed based on annual and seasonal need. Theneed for emergency shelter may be reduced by the number of supportive housingunits that are identified in an adopted 10-year plan to end chronic homelessness andthat are either vacant or for which funding has been identified to allow constructionduring the planning period. An analysis of special housing needs by a city or countymay include an analysis of the need for frequent user coordinated care housing services.

(8) An analysis of opportunities for energy conservation with respect to residentialdevelopment. Cities and counties are encouraged to include weatherization and energyefficiency improvements as part of publicly subsidized housing rehabilitation projects.This may include energy efficiency measures that encompass the building envelope,its heating and cooling systems, and its electrical system.

(9) An analysis of existing assisted housing developments that are eligible tochange from low-income housing uses during the next 10 years due to terminationof subsidy contracts, mortgage prepayment, or expiration of restrictions on use.“Assisted housing developments,” for the purpose of this section, shall meanmultifamily rental housing that receives governmental assistance under federalprograms listed in subdivision (a) of Section 65863.10, state and local multifamilyrevenue bond programs, local redevelopment programs, the federal CommunityDevelopment Block Grant Program, or local in-lieu fees. “Assisted housingdevelopments” shall also include multifamily rental units that were developed pursuant

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to a local inclusionary housing program or used to qualify for a density bonus pursuantto Section 65916.

(A) The analysis shall include a listing of each development by project name andaddress, the type of governmental assistance received, the earliest possible date ofchange from low-income use, and the total number of elderly and nonelderly unitsthat could be lost from the locality’s low-income housing stock in each year duringthe 10-year period. For purposes of state and federally funded projects, the analysisrequired by this subparagraph need only contain information available on a statewidebasis.

(B) The analysis shall estimate the total cost of producing new rental housing thatis comparable in size and rent levels, to replace the units that could change fromlow-income use, and an estimated cost of preserving the assisted housingdevelopments. This cost analysis for replacement housing may be done aggregatelyfor each five-year period and does not have to contain a project-by-project costestimate.

(C) The analysis shall identify public and private nonprofit corporations knownto the local government which have legal and managerial capacity to acquire andmanage these housing developments.

(D) The analysis shall identify and consider the use of all federal, state, and localfinancing and subsidy programs which can be used to preserve, for lower incomehouseholds, the assisted housing developments, identified in this paragraph, including,but not limited to, federal Community Development Block Grant Program funds, taxincrement funds received by a redevelopment agency of the community, andadministrative fees received by a housing authority operating within the community.In considering the use of these financing and subsidy programs, the analysis shallidentify the amounts of funds under each available program which have not beenlegally obligated for other purposes and which could be available for use in preservingassisted housing developments.

(b) (1) A statement of the community’s goals, quantified objectives, and policiesrelative to the maintenance, preservation, improvement, and development of housing.

(2) It is recognized that the total housing needs identified pursuant to subdivision(a) may exceed available resources and the community’s ability to satisfy this needwithin the content of the general plan requirements outlined in Article 5 (commencingwith Section 65300). Under these circumstances, the quantified objectives need notbe identical to the total housing needs. The quantified objectives shall establish themaximum number of housing units by income category, including extremely lowincome, that can be constructed, rehabilitated, and conserved over a five-year timeperiod.

(c) A program which sets forth a schedule of actions during the planning period,each with a timeline for implementation, which may recognize that certain programsare ongoing, such that there will be beneficial impacts of the programs within theplanning period, that the local government is undertaking or intends to undertake toimplement the policies and achieve the goals and objectives of the housing elementthrough the administration of land use and development controls, the provision of

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regulatory concessions and incentives, the utilization of appropriate federal and statefinancing and subsidy programs when available, and the utilization of moneys in alow- and moderate-income housing fund of an agency if the locality has establisheda redevelopment project area pursuant to the Community Redevelopment Law(Division 24 (commencing with Section 33000) of the Health and Safety Code). Inorder to make adequate provision for the housing needs of all economic segments ofthe community, the program shall do all of the following:

(1) Identify actions that will be taken to make sites available during the planningperiod with appropriate zoning and development standards and with services andfacilities to accommodate that portion of the city’s or county’s share of the regionalhousing need for each income level that could not be accommodated on sites identifiedin the inventory completed pursuant to paragraph (3) of subdivision (a) withoutrezoning, and to comply with the requirements of Section 65584.09. Sites shall beidentified as needed to facilitate and encourage the development of a variety of typesof housing for all income levels, including multifamily rental housing, factory-builthousing, mobilehomes, housing for agricultural employees, supportive housing,single-room occupancy units, emergency shelters, and transitional housing.

(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), doesnot identify adequate sites to accommodate the need for groups of all householdincome levels pursuant to Section 65584, rezoning of those sites, including adoptionof minimum density and development standards, for jurisdictions with an eight-yearhousing element planning period pursuant to Section 65588, shall be completed nolater than three years after either the date the housing element is adopted pursuant tosubdivision (f) of Section 65585 or the date that is 90 days after receipt of commentsfrom the department pursuant to subdivision (b) of Section 65585, whichever is earlier,unless the deadline is extended pursuant to subdivision (f). Notwithstanding theforegoing, for a local government that fails to adopt a housing element within 120days of the statutory deadline in Section 65588 for adoption of the housing element,rezoning of those sites, including adoption of minimum density and developmentstandards, shall be completed no later than three years and 120 days from the statutorydeadline in Section 65588 for adoption of the housing element.

(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), doesnot identify adequate sites to accommodate the need for groups of all householdincome levels pursuant to Section 65584, the program shall identify sites that can bedeveloped for housing within the planning period pursuant to subdivision (h) ofSection 65583.2. The identification of sites shall include all components specified inSection 65583.2.

(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) doesnot identify adequate sites to accommodate the need for farmworker housing, theprogram shall provide for sufficient sites to meet the need with zoning that permitsfarmworker housing use by right, including density and development standards thatcould accommodate and facilitate the feasibility of the development of farmworkerhousing for low- and very low income households.

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(2) Assist in the development of adequate housing to meet the needs of extremelylow, very low, low-, and moderate-income households.

(3) Address and, where appropriate and legally possible, remove governmentaland nongovernmental constraints to the maintenance, improvement, and developmentof housing, including housing for all income levels and housing for persons withdisabilities. The program shall remove constraints to, and provide reasonableaccommodations for housing designed for, intended for occupancy by, or withsupportive services for, persons with disabilities.

(4) Conserve and improve the condition of the existing affordable housing stock,which may include addressing ways to mitigate the loss of dwelling units demolishedby public or private action.

(5) Promote housing opportunities for all persons regardless of race, religion, sex,marital status, ancestry, national origin, color, familial status, or disability.

(6) Preserve for lower income households the assisted housing developmentsidentified pursuant to paragraph (9) of subdivision (a). The program for preservationof the assisted housing developments shall utilize, to the extent necessary, all availablefederal, state, and local financing and subsidy programs identified in paragraph (9)of subdivision (a), except where a community has other urgent needs for whichalternative funding sources are not available. The program may include strategies thatinvolve local regulation and technical assistance.

(7) Include an identification of the agencies and officials responsible for theimplementation of the various actions and the means by which consistency will beachieved with other general plan elements and community goals.

(8) Include a diligent effort by the local government to achieve public participationof all economic segments of the community in the development of the housing element,and the program shall describe this effort.

(d) (1) A local government may satisfy all or part of its requirement to identify azone or zones suitable for the development of emergency shelters pursuant to paragraph(4) of subdivision (a) by adopting and implementing a multijurisdictional agreement,with a maximum of two other adjacent communities, that requires the participatingjurisdictions to develop at least one year-round emergency shelter within two yearsof the beginning of the planning period.

(2) The agreement shall allocate a portion of the new shelter capacity to eachjurisdiction as credit toward its emergency shelter need, and each jurisdiction shalldescribe how the capacity was allocated as part of its housing element.

(3) Each member jurisdiction of a multijurisdictional agreement shall describe inits housing element all of the following:

(A) How the joint facility will meet the jurisdiction’s emergency shelter need.(B) The jurisdiction’s contribution to the facility for both the development and

ongoing operation and management of the facility.(C) The amount and source of the funding that the jurisdiction contributes to the

facility.(4) The aggregate capacity claimed by the participating jurisdictions in their housing

elements shall not exceed the actual capacity of the shelter.

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(e) Except as otherwise provided in this article, amendments to this article thatalter the required content of a housing element shall apply to both of the following:

(1) A housing element or housing element amendment prepared pursuant tosubdivision (e) of Section 65588 or Section 65584.02, when a city, county, or cityand county submits a draft to the department for review pursuant to Section 65585more than 90 days after the effective date of the amendment to this section.

(2) Any housing element or housing element amendment prepared pursuant tosubdivision (e) of Section 65588 or Section 65584.02, when the city, county, or cityand county fails to submit the first draft to the department before the due date specifiedin Section 65588 or 65584.02.

(f) The deadline for completing required rezoning pursuant to subparagraph (A)of paragraph (1) of subdivision (c) shall be extended by one year if the localgovernment has completed the rezoning at densities sufficient to accommodate atleast 75 percent of the units for low- and very low income households and if thelegislative body at the conclusion of a public hearing determines, based uponsubstantial evidence, that any of the following circumstances exist:

(1) The local government has been unable to complete the rezoning because ofthe action or inaction beyond the control of the local government of any other state,federal, or local agency.

(2) The local government is unable to complete the rezoning because ofinfrastructure deficiencies due to fiscal or regulatory constraints.

(3) The local government must undertake a major revision to its general plan inorder to accommodate the housing-related policies of a sustainable communitiesstrategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together witha detailed budget and schedule for preparation and adoption of the required rezonings,including plans for citizen participation and expected interim action. The scheduleshall provide for adoption of the required rezoning within one year of the adoptionof the resolution.

(g) (1) If a local government fails to complete the rezoning by the deadline providedin subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuantto subdivision (f), except as provided in paragraph (2), a local government may notdisapprove a housing development project, nor require a conditional use permit,planned unit development permit, or other locally imposed discretionary permit, orimpose a condition that would render the project infeasible, if the housing developmentproject (A) is proposed to be located on a site required to be rezoned pursuant to theprogram action required by that subparagraph and (B) complies with applicable,objective general plan and zoning standards and criteria, including design reviewstandards, described in the program action required by that subparagraph. Anysubdivision of sites shall be subject to the Subdivision Map Act (Division 2(commencing with Section 66410)). Design review shall not constitute a “project”for purposes of Division 13 (commencing with Section 21000) of the Public ResourcesCode.

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(2) A local government may disapprove a housing development described inparagraph (1) if it makes written findings supported by substantial evidence on therecord that both of the following conditions exist:

(A) The housing development project would have a specific, adverse impact uponthe public health or safety unless the project is disapproved or approved upon thecondition that the project be developed at a lower density. As used in this paragraph,a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidableimpact, based on objective, identified written public health or safety standards, policies,or conditions as they existed on the date the application was deemed complete.

(B) There is no feasible method to satisfactorily mitigate or avoid the adverseimpact identified pursuant to paragraph (1), other than the disapproval of the housingdevelopment project or the approval of the project upon the condition that it bedeveloped at a lower density.

(3) The applicant or any interested person may bring an action to enforce thissubdivision. If a court finds that the local agency disapproved a project or conditionedits approval in violation of this subdivision, the court shall issue an order or judgmentcompelling compliance within 60 days. The court shall retain jurisdiction to ensurethat its order or judgment is carried out. If the court determines that its order orjudgment has not been carried out within 60 days, the court may issue further ordersto ensure that the purposes and policies of this subdivision are fulfilled. In any suchaction, the city, county, or city and county shall bear the burden of proof.

(4) For purposes of this subdivision, “housing development project” means aproject to construct residential units for which the project developer provides sufficientlegal commitments to the appropriate local agency to ensure the continued availabilityand use of at least 49 percent of the housing units for very low, low-, andmoderate-income households with an affordable housing cost or affordable rent, asdefined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, forthe period required by the applicable financing.

(h) An action to enforce the program actions of the housing element shall be broughtpursuant to Section 1085 of the Code of Civil Procedure.

(Amended by Stats. 2017, Ch. 375, Sec. 2.5. (AB 1397) Effective January 1, 2018.)

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State of California

GOVERNMENT CODE

Section 65589.5

65589.5. (a) (1) The Legislature finds and declares all of the following:(A) The lack of housing, including emergency shelters, is a critical problem that

threatens the economic, environmental, and social quality of life in California.(B) California housing has become the most expensive in the nation. The excessive

cost of the state’s housing supply is partially caused by activities and policies of manylocal governments that limit the approval of housing, increase the cost of land forhousing, and require that high fees and exactions be paid by producers of housing.

(C) Among the consequences of those actions are discrimination against low-incomeand minority households, lack of housing to support employment growth, imbalancein jobs and housing, reduced mobility, urban sprawl, excessive commuting, and airquality deterioration.

(D) Many local governments do not give adequate attention to the economic,environmental, and social costs of decisions that result in disapproval of housingdevelopment projects, reduction in density of housing projects, and excessive standardsfor housing development projects.

(2) In enacting the amendments made to this section by the act adding thisparagraph, the Legislature further finds and declares the following:

(A) California has a housing supply and affordability crisis of historic proportions.The consequences of failing to effectively and aggressively confront this crisis arehurting millions of Californians, robbing future generations of the chance to callCalifornia home, stifling economic opportunities for workers and businesses, worseningpoverty and homelessness, and undermining the state’s environmental and climateobjectives.

(B) While the causes of this crisis are multiple and complex, the absence ofmeaningful and effective policy reforms to significantly enhance the approval andsupply of housing affordable to Californians of all income levels is a key factor.

(C) The crisis has grown so acute in California that supply, demand, andaffordability fundamentals are characterized in the negative: underserved demands,constrained supply, and protracted unaffordability.

(D) According to reports and data, California has accumulated an unmet housingbacklog of nearly 2,000,000 units and must provide for at least 180,000 new unitsannually to keep pace with growth through 2025.

(E) California’s overall homeownership rate is at its lowest level since the 1940s.The state ranks 49th out of the 50 states in homeownership rates as well as in thesupply of housing per capita. Only one-half of California’s households are able toafford the cost of housing in their local regions.

STATE OF CALIFORNIA

AUTHENTICATED ELECTRONIC LEGAL MATERIAL

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(F) Lack of supply and rising costs are compounding inequality and limitingadvancement opportunities for many Californians.

(G) The majority of California renters, more than 3,000,000 households, pay morethan 30 percent of their income toward rent and nearly one-third, more than 1,500,000households, pay more than 50 percent of their income toward rent.

(H) When Californians have access to safe and affordable housing, they have moremoney for food and health care; they are less likely to become homeless and in needof government-subsidized services; their children do better in school; and businesseshave an easier time recruiting and retaining employees.

(I) An additional consequence of the state’s cumulative housing shortage is asignificant increase in greenhouse gas emissions caused by the displacement andredirection of populations to states with greater housing opportunities, particularlyworking- and middle-class households. California’s cumulative housing shortfalltherefore has not only national but international environmental consequences.

(J) California’s housing picture has reached a crisis of historic proportions despitethe fact that, for decades, the Legislature has enacted numerous statutes intended tosignificantly increase the approval, development, and affordability of housing for allincome levels, including this section.

(K) The Legislature’s intent in enacting this section in 1982 and in expanding itsprovisions since then was to significantly increase the approval and construction ofnew housing for all economic segments of California’s communities by meaningfullyand effectively curbing the capability of local governments to deny, reduce the densityfor, or render infeasible housing development projects and emergency shelters. Thatintent has not been fulfilled.

(L) It is the policy of the state that this section should be interpreted andimplemented in a manner to afford the fullest possible weight to the interest of, andthe approval and provision of, housing.

(b) It is the policy of the state that a local government not reject or make infeasiblehousing development projects, including emergency shelters, that contribute to meetingthe need determined pursuant to this article without a thorough analysis of theeconomic, social, and environmental effects of the action and without complying withsubdivision (d).

(c) The Legislature also recognizes that premature and unnecessary developmentof agricultural lands for urban uses continues to have adverse effects on the availabilityof those lands for food and fiber production and on the economy of the state.Furthermore, it is the policy of the state that development should be guided awayfrom prime agricultural lands; therefore, in implementing this section, localjurisdictions should encourage, to the maximum extent practicable, in filling existingurban areas.

(d) A local agency shall not disapprove a housing development project, includingfarmworker housing as defined in subdivision (h) of Section 50199.7 of the Healthand Safety Code, for very low, low-, or moderate-income households, or an emergencyshelter, or condition approval in a manner that renders the housing developmentproject infeasible for development for the use of very low, low-, or moderate-income

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households, or an emergency shelter, including through the use of design reviewstandards, unless it makes written findings, based upon a preponderance of the evidencein the record, as to one of the following:

(1) The jurisdiction has adopted a housing element pursuant to this article that hasbeen revised in accordance with Section 65588, is in substantial compliance with thisarticle, and the jurisdiction has met or exceeded its share of the regional housing needallocation pursuant to Section 65584 for the planning period for the income categoryproposed for the housing development project, provided that any disapproval orconditional approval shall not be based on any of the reasons prohibited by Section65008. If the housing development project includes a mix of income categories, andthe jurisdiction has not met or exceeded its share of the regional housing need for oneor more of those categories, then this paragraph shall not be used to disapprove orconditionally approve the housing development project. The share of the regionalhousing need met by the jurisdiction shall be calculated consistently with the formsand definitions that may be adopted by the Department of Housing and CommunityDevelopment pursuant to Section 65400. In the case of an emergency shelter, thejurisdiction shall have met or exceeded the need for emergency shelter, as identifiedpursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval orconditional approval pursuant to this paragraph shall be in accordance with applicablelaw, rule, or standards.

(2) The housing development project or emergency shelter as proposed wouldhave a specific, adverse impact upon the public health or safety, and there is no feasiblemethod to satisfactorily mitigate or avoid the specific adverse impact without renderingthe development unaffordable to low- and moderate-income households or renderingthe development of the emergency shelter financially infeasible. As used in thisparagraph, a “specific, adverse impact” means a significant, quantifiable, direct, andunavoidable impact, based on objective, identified written public health or safetystandards, policies, or conditions as they existed on the date the application wasdeemed complete. Inconsistency with the zoning ordinance or general plan land usedesignation shall not constitute a specific, adverse impact upon the public health orsafety.

(3) The denial of the housing development project or imposition of conditions isrequired in order to comply with specific state or federal law, and there is no feasiblemethod to comply without rendering the development unaffordable to low- andmoderate-income households or rendering the development of the emergency shelterfinancially infeasible.

(4) The housing development project or emergency shelter is proposed on landzoned for agriculture or resource preservation that is surrounded on at least two sidesby land being used for agricultural or resource preservation purposes, or which doesnot have adequate water or wastewater facilities to serve the project.

(5) The housing development project or emergency shelter is inconsistent withboth the jurisdiction’s zoning ordinance and general plan land use designation asspecified in any element of the general plan as it existed on the date the applicationwas deemed complete, and the jurisdiction has adopted a revised housing element in

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accordance with Section 65588 that is in substantial compliance with this article. Forpurposes of this section, a change to the zoning ordinance or general plan land usedesignation subsequent to the date the application was deemed complete shall notconstitute a valid basis to disapprove or condition approval of the housing developmentproject or emergency shelter.

(A) This paragraph cannot be utilized to disapprove or conditionally approve ahousing development project if the housing development project is proposed on a sitethat is identified as suitable or available for very low, low-, or moderate-incomehouseholds in the jurisdiction’s housing element, and consistent with the densityspecified in the housing element, even though it is inconsistent with both thejurisdiction’s zoning ordinance and general plan land use designation.

(B) If the local agency has failed to identify in the inventory of land in its housingelement sites that can be developed for housing within the planning period and aresufficient to provide for the jurisdiction’s share of the regional housing need for allincome levels pursuant to Section 65584, then this paragraph shall not be utilized todisapprove or conditionally approve a housing development project proposed for asite designated in any element of the general plan for residential uses or designatedin any element of the general plan for commercial uses if residential uses are permittedor conditionally permitted within commercial designations. In any action in court,the burden of proof shall be on the local agency to show that its housing element doesidentify adequate sites with appropriate zoning and development standards and withservices and facilities to accommodate the local agency’s share of the regional housingneed for the very low, low-, and moderate-income categories.

(C) If the local agency has failed to identify a zone or zones where emergencyshelters are allowed as a permitted use without a conditional use or other discretionarypermit, has failed to demonstrate that the identified zone or zones include sufficientcapacity to accommodate the need for emergency shelter identified in paragraph (7)of subdivision (a) of Section 65583, or has failed to demonstrate that the identifiedzone or zones can accommodate at least one emergency shelter, as required byparagraph (4) of subdivision (a) of Section 65583, then this paragraph shall not beutilized to disapprove or conditionally approve an emergency shelter proposed for asite designated in any element of the general plan for industrial, commercial, ormultifamily residential uses. In any action in court, the burden of proof shall be onthe local agency to show that its housing element does satisfy the requirements ofparagraph (4) of subdivision (a) of Section 65583.

(e) Nothing in this section shall be construed to relieve the local agency fromcomplying with the congestion management program required by Chapter 2.6(commencing with Section 65088) of Division 1 of Title 7 or the California CoastalAct of 1976 (Division 20 (commencing with Section 30000) of the Public ResourcesCode). Neither shall anything in this section be construed to relieve the local agencyfrom making one or more of the findings required pursuant to Section 21081 of thePublic Resources Code or otherwise complying with the California EnvironmentalQuality Act (Division 13 (commencing with Section 21000) of the Public ResourcesCode).

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(f) (1) Nothing in this section shall be construed to prohibit a local agency fromrequiring the housing development project to comply with objective, quantifiable,written development standards, conditions, and policies appropriate to, and consistentwith, meeting the jurisdiction’s share of the regional housing need pursuant to Section65584. However, the development standards, conditions, and policies shall be appliedto facilitate and accommodate development at the density permitted on the site andproposed by the development.

(2) Nothing in this section shall be construed to prohibit a local agency fromrequiring an emergency shelter project to comply with objective, quantifiable, writtendevelopment standards, conditions, and policies that are consistent with paragraph(4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meetingthe jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7)of subdivision (a) of Section 65583. However, the development standards, conditions,and policies shall be applied by the local agency to facilitate and accommodate thedevelopment of the emergency shelter project.

(3) This section does not prohibit a local agency from imposing fees and otherexactions otherwise authorized by law that are essential to provide necessary publicservices and facilities to the housing development project or emergency shelter.

(4) For purposes of this section, a housing development project or emergencyshelter shall be deemed consistent, compliant, and in conformity with an applicableplan, program, policy, ordinance, standard, requirement, or other similar provision ifthere is substantial evidence that would allow a reasonable person to conclude thatthe housing development project or emergency shelter is consistent, compliant, or inconformity.

(g) This section shall be applicable to charter cities because the Legislature findsthat the lack of housing, including emergency shelter, is a critical statewide problem.

(h) The following definitions apply for the purposes of this section:(1) “Feasible” means capable of being accomplished in a successful manner within

a reasonable period of time, taking into account economic, environmental, social, andtechnological factors.

(2) “Housing development project” means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with

at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(3) “Housing for very low, low-, or moderate-income households” means that

either (A) at least 20 percent of the total units shall be sold or rented to lower incomehouseholds, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100percent of the units shall be sold or rented to persons and families of moderate incomeas defined in Section 50093 of the Health and Safety Code, or persons and familiesof middle income, as defined in Section 65008 of this code. Housing units targetedfor lower income households shall be made available at a monthly housing cost thatdoes not exceed 30 percent of 60 percent of area median income with adjustmentsfor household size made in accordance with the adjustment factors on which the lower

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income eligibility limits are based. Housing units targeted for persons and familiesof moderate income shall be made available at a monthly housing cost that does notexceed 30 percent of 100 percent of area median income with adjustments forhousehold size made in accordance with the adjustment factors on which themoderate-income eligibility limits are based.

(4) “Area median income” means area median income as periodically establishedby the Department of Housing and Community Development pursuant to Section50093 of the Health and Safety Code. The developer shall provide sufficient legalcommitments to ensure continued availability of units for very low or low-incomehouseholds in accordance with the provisions of this subdivision for 30 years.

(5) “Disapprove the housing development project” includes any instance in whicha local agency does either of the following:

(A) Votes on a proposed housing development project application and theapplication is disapproved, including any required land use approvals or entitlementsnecessary for the issuance of a building permit.

(B) Fails to comply with the time periods specified in subdivision (a) of Section65950. An extension of time pursuant to Article 5 (commencing with Section 65950)shall be deemed to be an extension of time pursuant to this paragraph.

(i) If any city, county, or city and county denies approval or imposes conditions,including design changes, lower density, or a reduction of the percentage of a lot thatmay be occupied by a building or structure under the applicable planning and zoningin force at the time the application is deemed complete pursuant to Section 65943,that have a substantial adverse effect on the viability or affordability of a housingdevelopment for very low, low-, or moderate-income households, and the denial ofthe development or the imposition of conditions on the development is the subject ofa court action which challenges the denial or the imposition of conditions, then theburden of proof shall be on the local legislative body to show that its decision isconsistent with the findings as described in subdivision (d) and that the findings aresupported by a preponderance of the evidence in the record. For purposes of thissection, “lower density” includes any conditions that have the same effect or impacton the ability of the project to provide housing.

(j) (1) When a proposed housing development project complies with applicable,objective general plan, zoning, and subdivision standards and criteria, including designreview standards, in effect at the time that the housing development project’sapplication is determined to be complete, but the local agency proposes to disapprovethe project or to impose a condition that the project be developed at a lower density,the local agency shall base its decision regarding the proposed housing developmentproject upon written findings supported by a preponderance of the evidence on therecord that both of the following conditions exist:

(A) The housing development project would have a specific, adverse impact uponthe public health or safety unless the project is disapproved or approved upon thecondition that the project be developed at a lower density. As used in this paragraph,a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable

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impact, based on objective, identified written public health or safety standards, policies,or conditions as they existed on the date the application was deemed complete.

(B) There is no feasible method to satisfactorily mitigate or avoid the adverseimpact identified pursuant to paragraph (1), other than the disapproval of the housingdevelopment project or the approval of the project upon the condition that it bedeveloped at a lower density.

(2) (A) If the local agency considers a proposed housing development project tobe inconsistent, not in compliance, or not in conformity with an applicable plan,program, policy, ordinance, standard, requirement, or other similar provision asspecified in this subdivision, it shall provide the applicant with written documentationidentifying the provision or provisions, and an explanation of the reason or reasonsit considers the housing development to be inconsistent, not in compliance, or not inconformity as follows:

(i) Within 30 days of the date that the application for the housing developmentproject is determined to be complete, if the housing development project contains150 or fewer housing units.

(ii) Within 60 days of the date that the application for the housing developmentproject is determined to be complete, if the housing development project containsmore than 150 units.

(B) If the local agency fails to provide the required documentation pursuant tosubparagraph (A), the housing development project shall be deemed consistent,compliant, and in conformity with the applicable plan, program, policy, ordinance,standard, requirement, or other similar provision.

(3) For purposes of this section, the receipt of a density bonus pursuant to Section65915 shall not constitute a valid basis on which to find a proposed housingdevelopment project is inconsistent, not in compliance, or not in conformity, with anapplicable plan, program, policy, ordinance, standard, requirement, or other similarprovision specified in this subdivision.

(4) For purposes of this section, “lower density” includes any conditions that havethe same effect or impact on the ability of the project to provide housing.

(k) (1) (A) The applicant, a person who would be eligible to apply for residencyin the development or emergency shelter, or a housing organization may bring anaction to enforce this section. If, in any action brought to enforce this section, a courtfinds that either (i) the local agency, in violation of subdivision (d), disapproved ahousing development project or conditioned its approval in a manner rendering itinfeasible for the development of an emergency shelter, or housing for very low, low-,or moderate-income households, including farmworker housing, without making thefindings required by this section or without making findings supported by apreponderance of the evidence, or (ii) the local agency, in violation of subdivision(j), disapproved a housing development project complying with applicable, objectivegeneral plan and zoning standards and criteria, or imposed a condition that the projectbe developed at a lower density, without making the findings required by this sectionor without making findings supported by a preponderance of the evidence, the courtshall issue an order or judgment compelling compliance with this section within 60

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days, including, but not limited to, an order that the local agency take action on thehousing development project or emergency shelter. The court may issue an order orjudgment directing the local agency to approve the housing development project oremergency shelter if the court finds that the local agency acted in bad faith when itdisapproved or conditionally approved the housing development or emergency shelterin violation of this section. The court shall retain jurisdiction to ensure that its orderor judgment is carried out and shall award reasonable attorney’s fees and costs of suitto the plaintiff or petitioner, except under extraordinary circumstances in which thecourt finds that awarding fees would not further the purposes of this section. Forpurposes of this section, “lower density” includes conditions that have the same effector impact on the ability of the project to provide housing.

(B) (i) Upon a determination that the local agency has failed to comply with theorder or judgment compelling compliance with this section within 60 days issuedpursuant to subparagraph (A), the court shall impose fines on a local agency that hasviolated this section and require the local agency to deposit any fine levied pursuantto this subdivision into a local housing trust fund. The local agency may elect toinstead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 ofthe 2017–18 Regular Session is enacted, or otherwise in the Housing RehabilitationLoan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000)per housing unit in the housing development project on the date the application wasdeemed complete pursuant to Section 65943. In determining the amount of fine toimpose, the court shall consider the local agency’s progress in attaining its targetallocation of the regional housing need pursuant to Section 65584 and any priorviolations of this section. Fines shall not be paid out of funds already dedicated toaffordable housing, including, but not limited to, Low and Moderate Income HousingAsset Funds, funds dedicated to housing for very low, low-, and moderate-incomehouseholds, and federal HOME Investment Partnerships Program and CommunityDevelopment Block Grant Program funds. The local agency shall commit and expendthe money in the local housing trust fund within five years for the sole purpose offinancing newly constructed housing units affordable to extremely low, very low, orlow-income households. After five years, if the funds have not been expended, themoney shall revert to the state and be deposited in the Building Homes and Jobs Fund,if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the HousingRehabilitation Loan Fund, for the sole purpose of financing newly constructed housingunits affordable to extremely low, very low, or low-income households.

(ii) If any money derived from a fine imposed pursuant to this subparagraph isdeposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section50661 of the Health and Safety Code, that money shall be available only uponappropriation by the Legislature.

(C) If the court determines that its order or judgment has not been carried outwithin 60 days, the court may issue further orders as provided by law to ensure thatthe purposes and policies of this section are fulfilled, including, but not limited to, anorder to vacate the decision of the local agency and to approve the housingdevelopment project, in which case the application for the housing development

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project, as proposed by the applicant at the time the local agency took the initial actiondetermined to be in violation of this section, along with any standard conditionsdetermined by the court to be generally imposed by the local agency on similarprojects, shall be deemed to be approved unless the applicant consents to a differentdecision or action by the local agency.

(2) For purposes of this subdivision, “housing organization” means a trade orindustry group whose local members are primarily engaged in the construction ormanagement of housing units or a nonprofit organization whose mission includesproviding or advocating for increased access to housing for low-income householdsand have filed written or oral comments with the local agency prior to action on thehousing development project. A housing organization may only file an action pursuantto this section to challenge the disapproval of a housing development by a local agency.A housing organization shall be entitled to reasonable attorney’s fees and costs if itis the prevailing party in an action to enforce this section.

(l) If the court finds that the local agency (1) acted in bad faith when it disapprovedor conditionally approved the housing development or emergency shelter in violationof this section and (2) failed to carry out the court’s order or judgment within 60 daysas described in subdivision (k), the court, in addition to any other remedies providedby this section, shall multiply the fine determined pursuant to subparagraph (B) ofparagraph (1) of subdivision (k) by a factor of five. For purposes of this section, “badfaith” includes, but is not limited to, an action that is frivolous or otherwise entirelywithout merit.

(m) Any action brought to enforce the provisions of this section shall be broughtpursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shallprepare and certify the record of proceedings in accordance with subdivision (c) ofSection 1094.6 of the Code of Civil Procedure no later than 30 days after the petitionis served, provided that the cost of preparation of the record shall be borne by thelocal agency, unless the petitioner elects to prepare the record as provided insubdivision (n) of this section. A petition to enforce the provisions of this sectionshall be filed and served no later than 90 days from the later of (1) the effective dateof a decision of the local agency imposing conditions on, disapproving, or any otherfinal action on a housing development project or (2) the expiration of the time periodsspecified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of thetrial court’s order, a party may, in order to obtain appellate review of the order, filea petition within 20 days after service upon it of a written notice of the entry of theorder, or within such further time not exceeding an additional 20 days as the trialcourt may for good cause allow, or may appeal the judgment or order of the trial courtunder Section 904.1 of the Code of Civil Procedure. If the local agency appeals thejudgment of the trial court, the local agency shall post a bond, in an amount to bedetermined by the court, to the benefit of the plaintiff if the plaintiff is the projectapplicant.

(n) In any action, the record of the proceedings before the local agency shall befiled as expeditiously as possible and, notwithstanding Section 1094.6 of the Codeof Civil Procedure or subdivision (m) of this section, all or part of the record may be

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prepared (1) by the petitioner with the petition or petitioner’s points and authorities,(2) by the respondent with respondent’s points and authorities, (3) after payment ofcosts by the petitioner, or (4) as otherwise directed by the court. If the expense ofpreparing the record has been borne by the petitioner and the petitioner is the prevailingparty, the expense shall be taxable as costs.

(o) This section shall be known, and may be cited, as the Housing AccountabilityAct.

(Amended by Stats. 2017, Ch. 378, Sec. 1.5. (AB 1515) Effective January 1, 2018.)

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Emergency Ordinance Peer Review

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EMERGENCY SHELTER ORDINANCE PEER REVIEW

Jurisdiction SB2 Zoning

(Emergency Shelter as permitted use) Maximum Capacity Per Shelter Distance Requirement

Encinitas Proposed – Light Industrial and Business Park Zones Proposed: 45 beds per facility Proposed: 300 feet

Carlsbad Industrial Zone 30 beds per facility – more than 30

requires conditional use permit 300 feet

Chula Vista Limited Industrial Zone and Thoroughfare Commercial Zone w/

Conditional Use Permit No Maximum 300 feet

Coronado Orange Avenue Corridor Specific Plan Commercial Zone (Restricted

from Orange Ave) No Maximum

None

Del Mar Commercial Zone 10 beds per facility 300 feet

El Cajon Heavy Commercial/Light Industrial

General and Regional Commercial Zones w/ Conditional Use Permit No maximum None

Escondido Industrial Zone 50 beds per facility 300 feet

Imperial Beach Commercial/Mixed-Use Zone No Maximum None

La Mesa General Commercial and Neighborhood Commercial Zones identified

in Housing Element; required zoning amendments not taken place n/a n/a

Lemon Grove No zone identified n/a n/a

National City Light Industrial Zone 50 beds per facility 300 feet

Oceanside Light Industrial Zone 50 beds per facility 300 feet

Poway Resident Apartment Zone

Total number of beds in all shelters shall not exceed twice the number

of homeless identified in most recent count

300 feet

San Diego City Small Lot Industrial Zone No Maximum None

San Diego County

Industrial Zone (Basic, Limited Impact, General Impact, High Impact) Maximum number of clients served nightly shall not exceed 1 per 125

square feet None

San Marcos Industrial Zone No Maximum None

Santee General Industrial Zone No Maximum 300 feet

Solana Beach General Commercial Zone

Public/Institutional Zone w/Director Permit 20 beds per facility 300 feet

Vista Commercial Zone 50 beds per facility 300 feet

San Clemente Business Park Overlay Zone 35 beds per facility 300 feet

Dana Point Community Facilities Zone 20 beds per facility 300 feet

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Vicinity Map of BP and LI Zones

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R20

Cami

no E

l Dor

ado

Encinitas Blvd

Westlake St

Ocean Bluff Way

LIBP

BP

Requeza St

Seem

an D

r

Saxo

ny R

d

Rega

l Rd

Nard

o Rd

Quail

Gar

dens

Dr

Quail

Dr

Bonit

a Dr

Delph

inium

StSeacrest Way

Park Ln

Pacif

ic Vie

w Ln

Teaberry St

Cami

no D

e Orch

idia

Sunflower St

Kristen Ct

I-5

Calle

Magdalen

a

Periwinkle St

Sweet Alice Ln

R3

RR2

R3

GC

R5

R3

R3

R8

R11

R5

P/SP

R3

RR2R20

GC

OP

R3R11

OP

OP

R11

R5

P/SP

R5

R8

R3

R25RR1

R5

P/SP

R20

P/SP

ER/OS/PK

R5

R20

R11

R20

R5

R11R20

ZoningBusiness Park (BP)Light Industry (LI)General Commercial (GC)Office Professional (OP)Public/Semi-Public (P/SP)Residential 3 (R3)Residential 5 (R5)Residential 8 (R8)Residential 11 (R11)Residential 20 (R20)Rural Residential 1 (RR1)Residential 25 (R25)Rural Residential 2 (RR2)Ecological Resource/Open Space/Park (ER/OS/PK)

This map was produced by the City of EncinitasGIS and is designed for internal use only.

The map is based on the best data available atthe time of production and is not guaranteed to

survey accuracy. City of Encinitas, SanGIS,SANDAG and other data are represented.

Proprietary information: Access to and use of thisinformation is restricted by a sublicense agreement.

No sale, transfer license, or assignment of thisinformation is permitted.

By Encinitas GIS Division

Date of Map Production: November, 2018

Coordinate System: California State Plane Feet, Zone 6

Datum: NAD83T:\S taff Workspace\Rori\WO 39423\WO 39423 _FINAL2_Rori.mxd

±

c i t y o f e n c i n i t a sZoning

with a focus onBusiness Park and Light Industrail Zones

0 0.050.025Miles

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Documents

MEETING DATE: PREPARED BY: DEPARTMENT DIRECTOR: …