STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 23, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director Larissa Alchin, Contract Planner
Christie Crowl, Assistant City Attorney
SUBJECT: Zoning Code amendments to implement the State law pertaining to emergency shelters and low barrier navigation centers. Amendments to Hercules Municipal Code (Table 13-6.1), Chapter 13-35 (Sec.13-35.258. Emergency Shelters), and Chapter 13-60 Definitions, pursuant to California Assembly Bill 2339. Amendments to Hercules Municipal Code (Table 13-12.1,13-15.1 and 13-18.1), Chapter 13-35 (Sec.13-35-260, Family Day Care Homes, proposed to be modified to Low-Barrier Navigation Centers), and Chapter 13-60 Definitions, pursuant to California Assembly Bill 101.
RECOMMENDED ACTION:
Staff recommends that the City Council approve the proposed ordinance amendments, which, consistent with State law requirements, generally accomplish the following:
Update Hercules Municipal Code pursuant to State law, including:
Add Emergency Shelters as a Permitted (P) Land Use in RM-L Residential Multifamily Low Density Zoning Districts Table 13-6.1.
Modify emergency shelter objective standards in Sec.13-35.258 Modify the “Emergency Shelters” definition in Chapter 13-60 Definitions.
Add Low-Barrier Navigation Center as a Permitted (P) Land Use to Historic Town Center District (HTC) Table 13-12.1, Planned Commercial Residential Mixed-Use District (PC-R) Table 13-15.1 and New Town Center District (NTC) Table 13-18.1.
Delete Sec.13-35.260. Family Day Care Homes and replace with Sec.13-35-260 Low-Barrier Navigation Center.
Add “Low-Barrier Navigation Centers” definition to Chapter 13-60 Definitions.
EXECUTIVE SUMMARY:
This staff report evaluates the amendments necessary for the City of Hercules to be in compliance with California Assembly Bills No. 2339 (AB 2339) and No. 101 (AB 101), both enacted to address the homelessness crisis in the State. The City of Hercules must enact amendments to zoning regulations, land use tables, and definitions to align with the provisions of AB 2339 and AB 101. These changes will enable the City to address homelessness effectively while ensuring compliance with State legislation.
BACKGROUND:
California Assembly Bill No. 2339 (AB 2339) – Emergency Shelters AB 2339 amends Sections 65583 and 65863 of the Government Code relating to land use, effective January 1, 2023. The bill revises the requirements of the housing element in connection with zoning designations that allow residential use, including mixed-use, where emergency shelters are allowed as a permitted use without a conditional use or another discretionary permit such as an administrative use permit. The bill deletes language regarding emergency shelter standards in relation to residential and commercial developments and instead requires that emergency shelters only be subject to specified written, objective standards.
AB 2339 uses the definition for emergency shelters found in the Health and Safety Code (HSC) Section 50801, which defines “Emergency shelter” as “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.” The bill also specifies that emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
AB 2339 requires the City to identify zoning designations where emergency shelters are a permitted use and which include sites that meet at least one of the following prescribed standards:
Vacant and zoned for residential use;
Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite; or Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
The bill also requires that Emergency Shelters, a category that includes other interim interventions, including but not limited to navigation centers, bridge housing, and respite or recuperative care, shall only be subject to the following written, objective standards:
The maximum number of beds or persons permitted to be served nightly by the facility.
Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than 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.
California Assembly Bill No. 101 (AB 101) – Low Barrier Navigation Centers AB 101 was signed into law in 2019 to address the growing homelessness crisis in California. AB 101 creates a particular category of homeless shelters called “Low Barrier Navigation Centers” (LBNC), the development of which is a “use by right” in areas zoned for mixed-use and nonresidential zones permitting multifamily uses if it meets specified requirements. “Use by right” or “Permitted” use means that the development is ministerially approved through a streamlined process and exempt from review under the California Environmental Quality Act. An LBNC is unique from other homeless shelters, as it is a Housing First, low-low barrier, service-enriched shelter focused on moving people into permanent housing while providing temporary living facilities and connecting individuals to basic resources and services such as income, public benefits, and health services.
“Low barrier” means best practices to reduce barriers to entry and may include, but is not limited to, the following:
The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
Allowing of pets.
The storage of possessions.
Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
The bill requires an LBNC to be a use by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses if it meets specified requirements, including:
Connected Services: It offers services to connect people to permanent housing through a services plan that identifies services staffing.
Coordinated Entry System: Use of a coordinated entry system (i.e. Homeless Management Information System).
Code Compliant: Use of Housing First according to Welfare and Institutions Code section 8255. (Gov. Code Section 65662.) Homeless Management Information System: It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
DISCUSSION:
AB 2339
On June 2, 2023, the Department of Housing and Community Development (HCD) provided comments to the city following a review of the City of Hercules 6th Cycle (2023-2031) Revised Draft Housing Element. HCD noted they could not find the housing element in compliance until it demonstrates that a zone with sufficient capacity is available to permit emergency shelters without discretionary action.
Therefore, following guidance from HCD, HMC Chapter 13-6 Residential Districts (Table 13-6.1) shall be amended to allow Emergency Shelters as Permitted Use (P) in the Residential Multifamily Low Density (RM-L) zoning district requiring no subjective review, hearing, or noticing.
Additionally, the definition of “Emergency Shelters” within HMC Chapter 13-60 Definitions shall also be amended to the following:
“Emergency Shelters” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
Emergency shelter objective standards contained in HMC Sec. 13-35.258 generally comply with the requirements of AB 2339, except for number 5, which states.
An emergency shelter operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. Such plan shall include provisions for staff training, neighborhood outreach, adequate security measures to protect shelter residents and surrounding uses, screening of clients to ensure compatibility with proposed services provided, counseling (particularly for assisting in finding permanent housing and a source of income), training and treatment programs for clients, drug and alcohol dependency referrals, and an exit strategy.
Under State law, emergency shelters may only be subject to the development and management standards that apply to residential or commercial development within the same zone, except that a local government may apply written, objective standards that include all of the following:
Maximum number of beds or persons permitted to be served nightly by the facility.
Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
Size and location of exterior and interior on-site waiting and client intake areas.
Provision of on-site management.
Proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
Length of stay.
Lighting.
Security during the hours that the shelter is in operation.
Emergency shelter standards must be objective, encourage and facilitate shelter approval, and may not be applied in a manner that renders shelter development infeasible. As such, HMC Sec. 13-35.258(5) shall be deleted as it is not objective and goes beyond the provisions of on-site management.
Concurrently, staff recommends replacing HMC Sec. 13-35.258(5) with a new parking standard in compliance with AB 2339.
The emergency shelter shall provide on-site parking at a rate of one (1) space per 1,000 square feet of gross floor area or one (1) space per employee, provided that the standard does not require more parking for emergency shelters than other residential or commercial uses within the same zone.
AB 101
To comply with AB 101, all mixed-use and nonresidential zones permitting multifamily shall be amended to allow Low-Barrier Navigation Centers as a Permitted (P) Land Use.
The zoning districts subject to the requirement include all commercial and residential mixed-use districts that currently permit multifamily residential: (1) Historic Town Center District (HTC), (2) Planned Commercial Residential Mixed-Use District (PC-R), and (3) New Town Center District (NTC). Hercules has no nonresidential zoning districts permitting multifamily, with approval of an Administrative Use Permit or Conditional Use Permit; therefore, no changes are required to existing nonresidential zones.
As a result, Historic Town Center District (HTC) Table 13-12.1, Planned Commercial Residential Mixed-Use District (PC-R) Table 13-15.1, and New Town Center District (NTC) Table 13-18.1. Land Use Regulations tables will be amended to add Low-Barrier Navigation Centers as a Permitted (P) land use, requiring no subjective review, hearing, or noticing. The amendment will also add a cross-reference to Chapter 13-35 Specific Land Use Requirements in those tables.
The proposed amendment will delete the Specific Land Use Requirements related to Family Day Care Homes found in Sec. 13-35.260, which are no longer applicable, according to the Keeping Kids Close to Home Act and previous zoning amendments adopted on January 10, 2023, and replace them with Low-Barrier Navigation Center standards below.
Sec. 13-35.260 Low-Barrier Navigation Center
A low-barrier navigation center located within a zoning district in which it is allowed shall operate in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
1. Permit Required. A planning permit is required prior to establishment of any low-barrier navigation center project. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
2. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Lastly, a definition of “Low-Barrier Navigation Centers” will be added within HMC Chapter 13-60 Definitions section as follows:
“Low-Barrier Navigation Centers” shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ENVIRONMENTAL DETERMINATION
Pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity, has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
ATTACHMENTS:
Staff Report - Emergency Shelters and Low Barrier Navigation Centers Attach 1 – Draft Ordinance
Attach 2 – HCD Review of Draft Housing Element dated June 2, 2023