CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
11/27/2023
1 SUBJECT:
Introduction of an Ordinance initiated by the City of Pacifica, to (a) add a new Article 53, “Emergency Shelters” to the City of Pacifica Zoning Regulations (Chapter 4 of Title 9 of the Pacifica Municipal Code [“PMC”]) to create zoning provisions for approval, construction, and operation of an emergency shelter consistent with the requirements of Senate Bill 2 (SB 2); (b) amend Article 11 “C-2 Community Commercial District” to make an emergency shelter with 20 or fewer occupants a permitted use and an emergency shelter with 21-30 occupants a conditional use; (c) amend Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters; (d) update sections of the City of Pacifica’s Zoning Regulations to include updated definitions and terms for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law; and (e) make other minor conforming revisions (File No. 2023-013, Text Amendment TA-124-23). Recommended CEQA status: Exempt from CEQA pursuant to Section 15269 (Emergency Projects) and Section 15061(b)(3) (General Rule Exemption). The Planning Commission recommended approval of the Text Amendment by a Vote of 5-0 (with two absences) on November 6, 2023.
RECOMMENDED ACTION:
Move to waive the first reading and introduce by title only “An Ordinance of the City Council of the City of Pacifica to enact a new Article 53 “Emergency Shelters,” to amend Article 11 “C-2 Community Commercial District,” to amend Article 14 “O Professional Office District”, to amend Article 15 “C-R Commercial Recreation District”, and to make various other minor conforming amendments of Chapter 4 Zoning, of Title 9 of the Pacifica Municipal Code (PMC), and finding the Ordinance exempt from the California Environmental Quality Act (CEQA) (File No. 2023- 013; Text Amendment TA-124-23).”
STAFF CONTACT:
Brianne Harkousha, AICP - Senior Planner
(650) 738-7341
[email protected]
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BACKGROUND
Emergency Shelters – SB 2 & Housing Element
California Government Code section 65583 requires the housing element of the City’s general plan to identify one or more zoning districts that allow emergency shelters as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The California Department of Housing and Community Development (HCD) staff reviewing the City’s 6th Cycle Draft Housing Element, have indicated it cannot find the City’s 6th Cycle Draft Housing Element (2023-2031) in substantial compliance with state law until the appropriate zoning to permit emergency shelters without discretionary approval is demonstrated to be in place (Attachment C). Staff has prepared Text Amendment TA-124-23 to implement the required zoning to permit emergency shelters in compliance with state law. Completion of this effort is a prerequisite to obtain Housing Element certification by HCD.
State law, including Senate Bill (SB) 2 and Assembly Bill (AB) 2339 (adopted in 2022), as codified in Government Code Section 65583(a)(4), requires a thorough analysis of sites when zoning for emergency shelters and requires jurisdictions to provide the following:
• At least one zone suitable for residential uses shall be identified to permit emergency shelters without a conditional use permit or other discretionary action. • Sufficient capacity must be identified to accommodate the need for emergency shelters and at least one year-round emergency shelter. Analysis is required to demonstrate sufficient capacity including calculation methodology based on homeless population and land area and vacant vs nonvacant sites.
• Existing or proposed permit procedures, development and management standards must be objective, and encourage and facilitate the development of or conversion to emergency shelters. Written and objective standards may be applied as specified in the State law, including maximum number of beds, provision of onsite management, length of stay, and security.
• “Emergency shelters” shall include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. • Emergency shelters shall not be considered “projects” under the California Environmental Quality Act (CEQA). As set forth in Government Code section 65583(a)(4)(D), “[t]he permit processing, development, and management standards [of emergency shelters] shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act ….”
Other Text Amendments to Pacifica Municipal Code
Additionally, this proposal includes other text amendments to various sections of the PMC to perform clean-up so they are consistent with the requirements of State law, which include an updated definition for the term “Community Care Facilities” (currently identified in the PMC as “Special Care Facilities”) and “Family Daycare Home” (currently identified in the PMC as “Child Day Care Home”) and updating the maximum number of children permitted to be cared for in a family daycare home. These modifications are further explained in detail in the proposed amendments and analysis section below. These proposed text amendments are necessary for cleanup of the PMC to ensure the City is implementing the current requirements of State law and are relevant to the premise of providing nonmedical or medical residential care, similar to the proposed text amendments for emergency shelters.
Planning Commission Review & Recommendations
On November 6, 2023, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2023-013 recommending that the City Council approve Text Amendment TA-124-23 with the following amendments (approved 5-0 with two absences):
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• Amend the resolution and all references to the limited term of stay from 180 days to six months to be consistent with State law.
• Amend Section 9-4.5304(H) to include a clarifying sentence to ensure proposed emergency shelters would comply with any State or Federal agency requirements, in particular to ensure compliance with laws intended to protect cultural, paleontological, hazardous materials, and biological resources in light of the fact that construction of emergency shelters may not be subject to CEQA analysis because the City must permit them without further discretionary review.
• Exclude Emergency Shelters from the C-R (Commercial Recreation) and O (Professional Office) zoning districts, which otherwise allow the same uses as the C-2 (Community Commercial) zoning district.
• Under the discretion of the Planning Director, review the potential for adding bicycle parking if consistent with State law.
Staff considered the amendments directed by the Planning Commission and each amendment has been incorporated into the Ordinance and further explained in the staff report (Attachment B), with the exception of the request to add bicycle parking. Staff reviewed State law and determined that bicycle parking is not included in the list of standards that can be imposed on Emergency Shelters and there is no language that would allow us to include bicycle parking. In addition, bicycle parking is not a standard that is imposed on other residential uses per Section 9-4.2822 of the Pacifica Municipal Code. Therefore, staff did not include bicycle parking as a proposed standard for an emergency shelter. However, staff has analyzed that it may be possible to utilize the minimum required interior storage space required in an Emergency Shelter for bicycle parking. In addition, consistent with provisions in the Sharp Park Specific Plan, staff anticipates the comprehensive zoning update that will occur within the near future will add a bicycle parking requirement for residential uses, and staff will revisit the Emergency Shelter ordinance at that time to determine whether a bicycle parking requirement may be applied in the future.
DISCUSSION
Emergency Shelter Ordinance
The proposed amendments would enact a new Article 53 to Chapter 4 (Zoning) of Title 9 (Planning and Zoning) of the PMC concerning emergency shelters in order to comply with requirements of State law in California Government Code section 65583. As described above, the proposed regulations were prepared based on the requirements of State law and HCD guidelines, and adoption of Article 53 is essential for the City to achieve HCD certification of Pacifica’s 6th Cycle Housing Element.
Objective Standards
Definitions
Emergency shelters would provide housing with minimal supportive services that is limited to occupancy of up to six months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters or other persons requiring temporary housing. The text amendment defines emergency shelters to be consistent with subdivision (e) of Section 50801 of the California Health and Safety Code and per AB 2339 expands the definition to include other interim interventions, such as a navigation center, bridge housing, and respite or recuperative care.
Location of emergency shelters
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The City is required to determine a district that allows residential development in which to permit emergency shelters by right. The Planning Commission thoroughly considered and vetted staff’s identification of the C-2 (Community Commercial) District as the most appropriate zoning district for emergency shelter facilities. Supporting analysis of suitable sites to be consistent with State law is included in the Site Suitability Criteria that follows this section. At the direction of the Planning Commission, emergency shelter proposals are excluded from the C-R (Commercial Recreation) and O (Professional Office) Districts.
Development regulations
The text amendment requires emergency shelters to be consistent with the development regulations of the C-2 Zoning District and design standards of off-street parking areas consistent with PMC section 9-4.2817. Modifications to the development regulations may be permitted subject to approval of a use permit to be reviewed and approved by the Planning Commission.
Additionally, the amendment would include updating section 9-4.2818 of Article 28 (Off-Street Parking and Loading) to designate parking for employees or volunteers on duty when the shelter is open to individuals utilizing the emergency shelter. One parking space per employee or volunteer would be required for each emergency shelter facility.
Performance standards
The text amendment includes performance standards as allowed by state law that include emergency shelter management, size of waiting and client intake areas, number of beds or persons per facility, limits on terms of stay, security, storage, lighting, coordination, and compliance with applicable State and local uniform housing and building code requirements.
These standards are considered written objective standards identified as acceptable standards that jurisdictions may impose for emergency shelters under State law. Emergency shelters will be required to provide on-site personnel during hours of operation, have on-site security at all hours when the shelter is operational, designate a liaison staff to coordinate with applicable agencies, and have a written management plan that includes procedures for screening residents to ensure compatibility with services provided at the facility. The facility must have a minimum of 10 square feet of interior waiting and client intake space per bed to allow sufficient space to accommodate the expected number of clients, without overflowing to the exterior of the facility. The facility is required to have sufficient exterior lighting on pedestrian pathways and parking lot areas on the property and storage areas to provide secure areas for personal property adequate for the number of individuals served on a daily basis.
The number of beds or persons per facility is proposed as 20 beds or persons as HCD considered this number to be a generally acceptable amount that was also proposed by other jurisdictions and would be less likely to be considered a constraint on development of emergency shelters. A use permit would be required for 21 and up to a maximum of 30 beds or persons. Lastly, the maximum length of stay by an individual experiencing homelessness is up to six (6) months and the length of time to house an individual experiencing homelessness is consistent with the State’s sample ordinance.
At the direction of the Planning Commission, staff amended Section 9-4.5304(H) Performance Standards of the Emergency Shelter Ordinance to clarify that emergency shelters will be required to comply with applicable State and Federal Agency laws such as biological resources, paleontological resources, wetlands, hazards materials storage and disposal, and other resources.
Compliance review procedures
The text amendment includes required items to be submitted for review of a proposed emergency shelter. The applicant would be required to submit a set of plans and project description explaining the details of the proposal to verify consistency with the development regulations and performance standards sections referenced above. Compliance with these Pacifica City Council 5
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regulations and standards would be reviewed and approved by the Planning Director or their designee.
Enforcement
The text amendment includes a section to ensure that the City may take enforcement action consistent with Chapter 2 of Title 1 of the PMC if a violation of Article 53 occurs.
Site Suitability Criteria for Emergency Shelters
Government Code section 65583 as amended (AB 2339) identifies specific criteria that local governments are required to analyze to demonstrate sites with sufficient capacity when identifying zoning designations to accommodate emergency shelters. This requirement is different from the analysis prepared for the Sites Inventory in the Housing Element. The Housing Element Sites Inventory includes specific sites that will be rezoned to allow for a specific density of housing. For emergency shelters, the intent is not to zone specifically for emergency shelters, but rather to allow them by-right as required by law throughout a land use district. The sites analysis below is to demonstrate to the State that there are sufficient sites available for emergency shelter development generally. Individual property owners will make the ultimate determination as to what is developed on the sites. Staff provides a summary of the key criteria below.
1. Designate at least one zoning district that allows emergency shelters by right.
Identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit.
2. Site analysis to document that there is enough land to accommodate the need for emergency shelters. The documentation that there is enough land to accommodate the needs for emergency shelters may be demonstrated by multiplying the number of people experiencing homelessness by 200 square feet, then comparing the required space with the total buildable area of the identified site(s) to demonstrate that the designated sites can accommodate the need for shelters.
3. Sites analysis to ensure designated zoning districts include adequate sites that meet at least one of the following:
a. Vacant sites zoned for residential use.
b. Vacant sites with nonresidential zoning that allows residential development - zoning must allow housing development and the zone must be located near amenities and services, such as transportation, health care, retail, employment, and social services, that serve homeless people. If the zone is not located near amenities and services, the local government must provide free transportation services or offer the services onsite.
c. Nonvacant sites that are suitable for use as a shelter or that can be redeveloped for a shelter in the current Housing Element period. An analysis must demonstrate that the existing use is likely to be discontinued during the planning period, considering the current uses, market conditions, and incentives for shelter development. This is similar to the analysis that many jurisdictions have done for their nonvacant sites inventory in the housing element process. d. Sites owned by the local government – To use this category, jurisdictions must provide substantial evidence that the sites will be made available during the planning period, are suitable for residential use, and are either located near amenities and services, or the local government will provide free transportation or on-site services.
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4. Site analysis for capacity of at least one year-round emergency shelter. Zoning designation or designations that can accommodate at least one year-round emergency shelter.
The discussion that follows provides an analysis of the above-mentioned criteria to support the proposed zoning designation permitting emergency shelters and is based on a suitable sites analysis consistent with State requirements. Site by site data for sites is included as Attachment D and maps prepared to visually reflect each site are included as Attachment E for reference as part of the general analysis of the overall sites that follows. A more detailed analysis demonstrating availability of sites for emergency shelters will be included in the Housing Element as part of the Housing Element update.
Identifying Zoning and Sites Analysis
Staff identified the C-2 (Community Commercial) zoning district1 as the zoning designation to permit emergency shelters by right to satisfy the requirements of State law. The C-2 zoning district allows residential uses subject to approval of a conditional use permit and allows various visitor-serving and commercial uses such as retail stores, offices, personal and business service establishments, and restaurant uses that serve the community. The C-2 zoning district is the most suitable zone to accommodate emergency shelters as the district is located within proximity of transit, amenities and services that could contribute to individuals utilizing an emergency shelter facility. In addition, the sites analysis for sites in the C-2 district indicate sufficient capacity and suitability to accommodate emergency shelters for the existing nonvacant and vacant sites (Attachment D).
The permitted and conditional uses and development regulations of the C-2 District also apply to the Professional Office (O) and Commercial Recreation (C-R) Districts, therefore, emergency shelters would be permitted in these zoning districts as well. At the direction of the Planning Commission, staff revised the Ordinance to amend Article 14, O Professional Office District and Article 15, C-R Commercial Recreation District to exclude emergency shelters from the permitted uses in these zoning districts. Based on staff’s analysis, most sites in the C-R district would not be considered viable sites for purposes of an emergency shelter facility because the sites are located in areas of the coastal zone that may be more vulnerable to erosion, flooding, and sea level rise. The C-R district contains multiple sites within the coastal zone that are either vacant land used to access the beach or hiking trails, developed properties close to the shoreline, or vacant sites that are not located near amenities. Therefore, development of emergency shelters would not likely be viable within most or all properties zoned C-R and further analysis of sites zoned C-R was not performed. Sites in the O district have not been evaluated for the purposes of shelter development.
A brief summary of the nonvacant and vacant sites for the C-2 District are referenced in the discussion below and are summarized in Table 1.
1 Permitted and conditional uses and development regulations for O and C-R refer to the C-2 District and Planning Commission recommended an amendment to exclude emergency shelters from these zoning districts.
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TABLE 1: SUMMARY OF SITES FOR C-2 DISTRICT
C-2
STATE REQUIREMENT FOR LAND
AREA (ACRES)
0.74 NUMBER OF NONVACANT SITES2 15
NUMBER OF VACANT2 3
ACRES OF NONVACANT 2 45
ACRES OF VACANT2 1.85
Sites Analysis – Land area to demonstrate capacity
Every two years, the County of San Mateo Human Services Agency conducts a One Day Homeless Count and Survey with community and county partners. The 2022 count was conducted in the early morning hours of February 24, 2022, and in-depth surveys were collected over the course of the following week. The 2022 count indicated that approximately 161 individuals were experiencing unsheltered homelessness in the City of Pacifica. Based on this data, the City should demonstrate that there is enough land (adequate sites) to accommodate the need for emergency shelters by multiplying 161 people experiencing homelessness by 200 square feet. This would result in approximately 0.74 acres of land area that would be needed to accommodate potential emergency shelters. Staff has identified a combination of vacant and nonvacant sites in the C-2 zoning district that would comply with this land area. Additionally, staff will be proposing a program in the Housing Element to evaluate the capacity for one yearround shelter to ensure the C-2 district can meet the need for one year-round shelter, which shall be implemented within one year of Housing Element adoption.
Sites Analysis – Nonvacant sites
The C-2 zoning district includes approximately 45 acres on 15 parcels, ranging in size from 0.11 acres to 30.32 acres (Attachment D). These sites are developed, many with community commercial uses identified as permitted and conditionally permitted uses in the C-2 zoning district. There is property along Oceana Blvd with a vacant tenant space. There are also multiple developed properties that contain office and commercial uses that have an improvement to land value (ILV) ratio of less than 0.5. ILV was identified as one indicator to be used to determine redevelopment potential. The ILV consists of the value of any improvements on a parcel divided by the value of the land within the parcel boundaries. The ILV ratio indicates which parcels are underutilized from a development perspective, with a lower ILV ratio indicating greater potential for redevelopment because the value of existing improvements (i.e., buildings) is less than the value of the underlying land. Therefore, based on the analysis performed, nonvacant sites identified in the C-2 zoning district are suitable sites for potential development or conversion to accommodate an emergency shelter facility. 2 There are 12 sites excluded from total sites and acreage count because these sites are the core HE sites identified in the City’s sites inventory list of the draft 6th Cycle Housing Element and are not evaluated to accommodate shelter development.
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Sites Analysis – Vacant sites with nonresidential zoning that allows residential development The C-2 zoning district has three vacant parcels ranging in size from 0.13 acres to 1.56 acres.
Of the three, staff has identified one vacant parcel (APN 018-140-040) in the C-2 zoning district that can accommodate an emergency shelter as this parcel is vacant, habitable, and in proximity to public transit, amenities, and services. The parcel is a total of 1.56 acres and can provide capacity for up to 20 beds or persons, by assumptions of the permitted number of beds or persons to be housed per the proposed development standards for an emergency shelter.
Additionally, using the assumption of 200 sq. ft. per person, the City has at least 32,200 sq. ft. (0.74 acres) available for an emergency shelter facility at this single vacant parcel.
Therefore, the City has demonstrated there is enough capacity in the C-2 District to accommodate emergency shelter facilities either on vacant or nonvacant sites.
Small and Large Family Daycare Homes
State law3 provides for the operation of certain family daycare facilities within residential zoning districts and requires that local agencies consider them to residential uses. The maximum number of children to be cared for in a small family daycare home is eight (8) children and a large family daycare home is fourteen (14) children. State law generally requires that a small family daycare be permitted by right (without discretionary approval) and allows a local agency to require a discretionary approval such as a use permit for a large family daycare with more than fourteen (14) children. PMC section 9-4.401 already allows “child day care homes” for up to 12 children as permitted by-right. The proposed text amendment would update the maximum number of children to be cared for in such a home from twelve (12) to fourteen (14) children to be consistent with the numerical limits in state law, which changed to increase the allowable number of children in the respective small and large facility types since the last update to the PMC (Attachment A). The amendment would also change the terminology used to refer to these uses as “family daycare homes” instead of “child day care homes” and update the definition to align with State law.
Community Care Facilities
The proposed amendments would replace “Special care facility” with “Community care facility” in the permitted and conditional uses section, definitions section, and general provisions section of Chapter 4 (Zoning), of Title 9 (Planning of Zoning) to be consistent with current definitions in Section 1502 of the California Health and Safety Code. Community care facility is defined as any facility place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes a variety of facility’s as listed in Attachment F. The amendment would change the term to ensure clarity that the uses covered are those described in state law.
3Section 1597.45 of the California Health & Safety Code Pacifica City Council 9
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CONSISTENCY WITH GENERAL PLAN AND LOCAL COASTAL LAND USE PLAN The proposed amendments are consistent with the 2040 General Plan and the 1980 Local Coastal Land Use Plan. The proposed amendments are most relevant to the following overall goals and policies of the General Plan and Local Coastal Land Use Plan:
General Plan
• SA-I-27 Critical Facilities Location. Site critical public facilities including hospital and healthcare facilities, emergency shelters, police and fire stations, and emergency communications facilities outside of the tsunami evacuation zone and 100-year flood plains.
• SA-G-9 Emergency Response. Foster an efficient and coordinated response to emergencies and natural disasters.
Local Coastal Land Use Plan
• (Page C-108) Land use regulations and housing programs shall be established which conserve the character and existing patterns of low- and moderate-income residential development existing in Pacifica’s coastal neighborhoods.
CEQA RECOMMENDATION
Exempt from the California Environmental Quality Act (Act), pursuant to Section 15269 (Emergency Projects) as the specific action to enact Article 53 “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency, and Section 15061(b)(3) (General Rule Exemption) because the amendments to various sections and articles of Chapter 4, “Zoning” of Title 9, “Planning and Zoning” would include changes to definitions to reflect state law that is already in effect and it can be seen with certainty that these definition changes have no possibility to cause a significant effect on the environment.
The specific action to enact a new Article 53, “Emergency Shelters” and amend Article 11 “C-2 Community Commercial District” is necessary to prevent or mitigate an emergency and would be consistent with the requirements of state law. The proposal is for a text amendment of the PMC to allow the temporary housing of individuals experiencing homelessness and may consist of the minor alteration of existing public or private developed areas or development of emergency shelter facilities to provide facilities to shelter individual’s experiencing homelessness. Additionally, minor text amendments of the Pacifica Municipal Code include updates to the definitions and permitted uses sections to be consistent with the State of California’s definitions for “Community care facilities” and “Family Daycare homes”. Other text amendments include updating the definitions, permitted uses, and off-street parking sections of the Pacifica Municipal Code to integrate the development regulations of “Emergency Shelters” and amending Article 14, “O Professional Office District” and Article 15, “C-R Commercial Recreation District” to exclude emergency shelters.
ALTERNATIVE ACTION
The Council may choose to amend the Ordinance or refer the Ordinance to the Planning Commission for further study, however, this latter alternative action may delay the City’s ability to adopt a substantially compliant Housing Element because adoption of the Ordinance should occur before the scheduled January 2024 adoption hearings.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN
The adoption of the Emergency Shelter Ordinance and various other text amendments to be consistent with State law is consistent with the following item(s) in the Council-adopted Strategic Plan and Priority Work Plan for FY 2023-2030:
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• Goal 3: Prioritize protection and development of affordable housing. o Strategy A: Complete the Housing Element Update.
o Strategy C: Prioritize Housing Element program implementation.
FISCAL IMPACT
Proposed emergency shelter applications would be subject to applicable project review fees consistent with Administrative Policy No. 2 to cover staff review of the proposed shelter. Staff does not anticipate additional fiscal impact for proposed emergency shelters.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Draft Ordinance (DOCX)
Attachment B - Planning Commission Staff Report (PDF)
Attachment C - Excerpt of HCD Comment Letter on Draft Housing Element (PDF) Attachment D - Site Analysis identifying sufficient capacity (PDF) Attachment E - Maps identifying sites in proximity to services and amenities (PDF) Attachment F - Section 1502 of Health & Safety Code (PDF)