PLANNING COMMISSION
Staff Report
Scenic Pacifica
Incorporated Nov. 22, 1957
DATE: November 6, 2023 FILE: TA-124-23
ITEM: 1
SUBJECT: File No. 2023-013 – Text Amendment TA-124-23, initiated by the City of Pacifica, to 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 State law, to 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, to update sections of the City of Pacifica’s Zoning Regulations to include updated definitions for “Community Care Facility” and “Family Daycare Home” to be consistent with the requirements and definitions of State law, and make other minor conforming revisions.
PUBLIC NOTICE: Notice of Public Hearing was published in the San Mateo Daily Journal on October 27, 2023
PROJECT LOCATION: Citywide
RECOMMENDED CEQA STATUS: Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15269 (Emergency Projects) of the CEQA Guidelines as the adoption of Article 53 “Emergency Shelters” and amendments to Article 11 “C-2 Community Commercial District” are 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,” including changes to definitions and other minor conforming revisions, reflect state law that is already in effect, and it can be seen with certainty that these changes have no possibility to cause a significant effect on the environment.
REQUIRED APPROVALS: Government Code section 65853 et seq. requires the Planning Commission to conduct a public hearing and provide a written recommendation to the City Council on any new zoning ordinance, amendment to a zoning ordinance, or change in a property’s zoning designation. Pacifica Municipal Code Section (PMC) section 9-4.3501 et seq. similarly requires the Planning Commission to conduct a public hearing and to provide a recommendation by resolution to the City Council on any zoning text amendment or change in a property’s zoning designation.
The City Council, as the legislative body of the City, must conduct a public hearing and enact by ordinance any zoning text amendment or change in a property’s zoning designation before it may take effect, with few exceptions. Public Resources Code Section 30514 additionally 1 Packet Pg. 4
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
provides that any ordinance enacted by the City Council which amends the City’s zoning standards or zoning map shall not take effect within the Coastal Zone until the California Coastal Commission certifies an amendment to the City’s Local Coastal Program.
RECOMMENDED ACTION: Adopt the attached Resolution initiating the Text Amendment and recommending approval to City Council (Attachment A).
PREPARED BY: Brianne Harkousha, AICP, Senior Planner
1 Packet Pg. 5
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
Background
Emergency Shelters – SB 2 & Housing Element
California Government Code section 65583 requires the housing element of the 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 6 th 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 B). Staff has prepared this 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.
Adopted in 2022, Assembly Bill (AB) 2339 amends Government Code Section 65583(a)(4) and requires a thorough analysis of sites when zoning for emergency shelters. Generally, SB 2 and AB 2339 amend housing element law regarding planning and approval for emergency shelters and require 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.
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 clean up 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.
1 Packet Pg. 6
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
Proposed Amendments and Analysis
Emergency Shelters
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 under California Government Code section 65583. As described above, the proposed regulations were prepared based on the requirements of State law and adoption of Article 53 is essential for the City to achieve HCD certification of Pacifica’s 6 th 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
Staff has identified 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 are included in the Site Suitability Criteria that follows this section.
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 existing parking areas consistent with PMC Section 9-4.2817. Any modifications to the development regulations shall 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 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. 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 1 Packet Pg. 7
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
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 180 days within any 365-day period and the length of time to house an individual experiencing homelessness is considered acceptable as it was identified in the State’s sample ordinance.
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 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
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. 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 1 Packet Pg. 8
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
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.
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 C and maps prepared to visually reflect each site are included as Attachment D for reference as part of the general analysis of the overall sites that follows. A more detailed analysis of site specific review 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.
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. However, 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 because the sites analysis for 1 Permitted and conditional uses and development regulations for O and C-R refer to the C-2 District, therefore, emergency shelters will be permitted in these districts as well. 1 Packet Pg. 9
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
sites in the C-2 district indicate sufficient capacity and suitability to accommodate emergency shelters for the existing nonvacant and vacant sites (Attachment C). A brief summary of the nonvacant and vacant sites for each zoning district are referenced in the discussion below and are summarized in Table 1.
TABLE 1: SUMMARY OF SITES FOR EACH ZONE
C-2 O C-R
STATE REQUIREMENT FOR LAND
AREA (ACRES)
0.74 0.74 0.74
NUMBER OF NONVACANT SITES2 15 5 12
NUMBER OF VACANT2 3 0 15
ACRES OF NONVACANT 2 45 2.49 85.41
ACRES OF VACANT2 1.85 0 108.78
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 a year-round, 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 C). 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 under utilized from a development perspective, with a lower ILV ratio 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.
1 Packet Pg. 10
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
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.
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 enough capacity in this zone 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 (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 E. The amendment would change the term to ensure clarity that the uses covered are those described in state law.
Consistency with General Plan and Local Coastal Land Use Plan 3Section 1597.45 of the California Health & Safety Code 1 Packet Pg. 11
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
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”.
COMMISSION ACTION
MOTION FOR APPROVAL: Move that the Planning Commission finds the proposed ordinance is exempt from the California Environmental Quality Act; Adopts the resolution included as Attachment A to the staff report to recommend approval of the proposed ordinance to the City Council; and incorporates all maps and testimony into the record by reference.
ATTACHMENT LIST:
1 Packet Pg. 12
PC Staff Report
Introduction of Emergency Shelter Ordinance and other Text Amendments TA-124-23 November 6, 2023
Attachment A - Draft Resolution (DOCX)
Attachment B - Excerpt of HCD Comment from Draft Housing Element Comment Letter (PDF) Attachment C - Site analysis identifying sufficient capacity (PDF) Attachment D - Maps identifying sites in proximity to services and amenities (PDF) Attachment E - Section 1502 of Health & Safety Code (PDF) 1 Packet Pg. 13
Attachments referenced below are removed from PC Staff Report.