CITY COUNCIL: Ordinance Amending Section 17.14.030 of the Carmel Zoning Ordinance/Local Coastal Implementation Plan to allow Transitional Housing Facilities as a Permitted Use in Residential & Limited Commercial (RC) District

City Council
Agenda Item Summary

Meeting Date: December 6, 2011
Prepared by: Sean Conroy, Plng & Bldg Services Manager

Name: Consideration of an Ordinance amending Section 17.14.030 (Schedule II-B) of the Carmel Zoning Ordinance/Local Coastal Implementation Plan to allow Transitional Housing Facilities as a permitted use in the Residential and Limited Commercial (RC) District. (First Reading)

Description: The proposed Ordinance would change Transitional Housing Facilities from a conditionally allowed use to a permitted use in the RC District only.

Overall Cost:
City Funds: N/ A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance (First Reading).

Important Considerations: California Senate Bill (SB) 2 took effect on January 1, 2008, and is designed to facilitate the construction and maintenance of emergency shelters and transitional housing facilities in all jurisdictions. SB 2 requires all jurisdictions to allow transitional housing facilities, as a permitted use, in at least one zoning district.

Decision Record: The Planning Commission recommended that the City adopt the attached Ordinance on September 8, 2010.

Reviewed by:

Jason Stilwell, City Administrator, Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 6 DECEMBER 2011
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION 17.14.030 (SCHEDULE II-B) OF THE CARMEL ZONING ORDINANCE/LOCAL COASTAL PLAN TO
ALLOW TRANSITIONAL HOUSING FACILITIES AS A PERMITTED USE IN THE RESIDENTIAL AND COMMERCIAL (RC DISTRICT). (First reading)

BACKGROUND & PROJECT DESCRIPTION
California Senate Bill (SB) 2 took effect on 1 January 2008 and is designed to facilitate the construction and maintenance of emergency shelters and transitional housing facilities in all jurisdictions in the State. SB 2 requires the following:

• All jurisdictions must provide at least one zoning district in which emergency shelters and transitional housing facilities are listed as a permitted use.

• No jurisdiction can deny an emergency shelter or transitional housing facility if it is proposed in a district allowing such use and it complies with the locality’s zoning and development standards.

The City’s zoning ordinance defines “Community Social Service Facilities” as:

“Any noncommercial housing facility, such as homeless shelters or emergency
shelters, which may also provide meals, showers, and/or laundry facilities.
Specialized programs and services related to the needs of the residents may also be
provided. This classification excludes transitional housing facilities that provide
long-term living accommodations.” (emphasis added)
The City currently allows Community Social Service Facilities as a permitted use in all
commercial districts and also in existing quasi-public facilities, such as churches, in the
R-1 District. This complies with SB 2’s requirements for emergency shelters.

The City’s zoning ordinance defines “Transitional Housing Facilities” as:
“Facilities providing sleeping accommodations, meals, showers, and laundry
facilities to assist persons obtaining skills necessary for independent living in
permanent housing. The term of occupancy is generally not less than two weeks or
more than two years. Specialized programs and services related to the needs of the
residents may also be provided.”
The City currently only allows transitional housing facilities in the Residential and
Limited Commercial (RC) District as a conditional use. This does not comply with SB 2.
Therefore, staff is proposing to amend the zoning ordinance to allow transitional housing
facilities as a permitted use in the RC District (see Exhibit “A”).
PROCESS
Adoption of this Ordinance requires the following steps:
1) Planning Commission review and recommendation to the City Council.
2) City Council review and adoption (First and second readings).
3) Coastal Commission certification of the amendment to the zoning ordinance
(Local Coastal Implementation Plan).

EVALUATION
Policy P3-5.8 of the Housing Element of the General Plan states:
“Facilitate the provision of transitional and supportive housing in appropriate
districts in the community.”
Program 3-5.8.a of the Housing Element encourages the City to amend the zoning
ordinance to allow transitional housing facilities as a permitted use in at least one zoning
district.
SB 2 requires that the zoning allowances for emergency shelters and transitional housing
facilities be sufficient to accommodate the local needs for such facilities. While there are
no full-time emergency shelters operating in the City, the existing zoning allows for
emergency shelters in all commercial districts and existing quasi-public uses in the R-1
District. This appears to be more than sufficient to meet local needs.
While there are no transitional housing facilities in operation in the City, allowing them
as a permitted use in the RC District will provide sufficient opportunities for a facility to
be established. The RC District encompasses approximately 18 acres of the City and is
meant to be a transition zone between the more intensive commercial uses of the core downtown, and the single-family residential uses throughout the rest of the City. Any
proposed facility would still be required to meet standard zoning requirements for floor
area, building height, parking, etc. and go through the applicable design review process.

The proposed ordinance is consistent with Policy P3-5.8 of the Housing Element, will
implement Program 3-5.8.a of the Housing Element, and will bring the City into
compliance with SB 2.

RECOMMENDATION
Adopt the attached Ordinance amending Section 17.14.030 (Schedule II-B) of the Zoning
Ordinance/Local Coastal Implementation Plan at this first reading.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING SECTION 17.14.030 (SCHEDULE II-B) OF THE CARMEL ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO ALLOW TRANSITIONAL HOUSING FACILITIES AS A PERMITTED USE IN THE RESIDENTIAL AND LIMITED COMMERCIAL (RC) DISTRICT
(First Reading)

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides
itself in its community character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive
to protect the village character through clear policies and regulations; and
WHEREAS, Senate Bill 2 took effect on 1 January 2008 and requires all
California jurisdictions to provide at least one zoning district in which emergency shelters
and transitional housing facilities are listed as a permitted use; and
WHEREAS, the City currently allows emergency shelters as a permitted use in all
commercial zones but only allows transitional housing facilities as a conditional use in
the Residential and Limited Commercial (RC) District; and
WHEREAS, the Program 3-5.8.a of the Housing Element of the General Plan
encourages the City to amend the zoning ordinance to allow transitional housing facilities
as a permitted use in at least one zoning district; and
WHEREAS, this ordinance requires an amendment to the City’s Zoning
Ordinance/Local Coastal Implementation Plan; and
WHEREAS, this ordinance will be carried out in a manner consistent with the
California Coastal Act; and
WHEREAS, this ordinance is exempt from the California Environmental Quality
Act per CEQA Guidelines Section 15061(b) (3).
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:
Amend Zoning Ordinance/Local Coastal Implementation Plan Section 17.14.030
(exhibit “A”) to allow Transitional Housing Facilities as a permitted use in the
Residential and Limited Commercial (RC) District.
Severability. If any part of this ordinance, even as small as a word or phrase, is found to
be unenforceable such finding shall not affect the enforceability of any other part.
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Effective Date. This ordinance shall become effective 30 days after final adoption by the
City Council or the California Coastal Commission, whichever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this ___ day of ________ 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk

Exhibit “A”
CMC Section 17.14.030 Land Use Regulations.
Schedule II-B: Commercial Districts – Use Regulations
P = Permitted Use
L = Limitations Apply
C = Conditional Use
Permit Required
Commercial Districts
Additional
CC SC RC Regulations
Transitional Housing Facility - - C P