City Council Study Session
Date: Tuesday, June 27, 2023
Time: 6:00 PM
Place: Point Arena City Hall - 451 School Street
& via Zoom https://zoom.us/s/84888251095
Note: The City Council will address other items on its regular Council meeting agenda prior to the Housing Update study session.
DISCUSSION TOPICS:
1. Brief review of miscellaneous zoning amendments to implement Housing Element policies and State housing laws
2. Amendments for Live-Work Spaces and Single Room Occupancy (SRO) developments
3. Modifications to Highway Commercial (HWC) and Multifamily Residential (MR) zoning districts to encourage housing development
4. Phasing requirements for Hay Annexation area
STUDY SESSION MATERIALS:
Summary Report for Housing Update Study Session (6/27/23) Attachments:
A. Miscellaneous Zoning Amendments
B. City of Point Arena Land Use & Zoning Map
C. Resolution No. 4-90 - Hay Annexation
- 1 -
Summary Report for June 27, 2023 City Council Study Session TOPIC 1: BRIEF REVIEW OF MISCELLANEOUS ZONING AMENDMENTS TO IMPLEMENT
HOUSING ELEMENT POLICIES AND STATE HOUSING LAWS
The Local Coastal Program (LCP) amendments that are being prepared by the Housing Update Team will establish implementing regulations to ensure that the City’s development regulations comply with State housing laws and the policies and programs in the City's Housing Element. Many of the recent State housing laws are highly prescriptive. Consequently, cities and counties have little discretion about how these new laws are incorporated into local regulations. Attachment A presents proposed amendments to the City's Zoning Ordinance that address Housing Element policies and State housing laws1, including the following:
• Density Bonus Procedures: This new section 18.25.110 of the Zoning Ordinance establishes density bonus procedures to implement State Density Bonus Law (SDBL). Numerous requirements must be met for a housing development to qualify for a density bonus or concession. These requirements include provisions addressing affordability of the units and the duration of affordability. SDBL has been amended annually since 2017 and contains many technical provisions. To avoid the need to amend Point Arena's LCP repeatedly for technical updates to SDBL, the proposed amendments cross-reference applicable Government Code sections. The City of Carlsbad recently took this approach which Coastal Commission staff supported through the LCP amendment process.
• Emergency Shelter and Low Barrier Navigation Centers. The LCP amendments for emergency shelters and low barrier navigation centers (LBNC), as presented in new section 18.25.120, are necessary to comply with State law and to provide for internal consistency between the two documents that comprise Point Arena’s LCP (i.e., the Zoning Ordinance and the Land Use Plan).
Since 2007, State law has required all cities and counties to permit emergency shelters by-right in at least one zoning district. State law also limits the ability of cities and counties to regulate emergency shelters. The regulations in section 18.25.120 will bring the City's zoning regulations into compliance with State law by allowing emergency shelters by-right in the Highway Commercial (HWC) zone and will establish regulations specific to emergency shelters by utilizing the Department of Housing and Community Development’s (HCD) model ordinance. • Employee Housing, including Farmworker Housing. The proposed amendments in new section
18.25. 130 address permitting and development standards for agricultural employee housing to provide consistency with State law. The amendments establish that on-site agricultural employee housing that provides accommodations for six or fewer employees will be deemed a single-family structure. Per State law, cities and counties are prohibited from imposing any permit requirements that are not required of a single-family dwelling in the same zone. The proposed amendments will add this type of housing to all zones that permit residential dwellings.
1 The Housing Team has a pending technical assistance request with the California Department of Housing and Community (HCD) to ensure that all of these proposed regula<ons are consistent with State law. - 2 -
State law requires agricultural employee housing that is licensed by HCD and that consists of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single-family or household to be deemed an agricultural use. The law prohibits the imposition of permit requirements that are not required of any other agricultural activity in the same zone. The proposed amendments would modify the Residential Agriculture (RA-2) and Agriculture Exclusive (AE) zones to reflect this State law requirement and will include siting standards to cluster new agricultural employee housing with existing development in order to protect coastal resources.
• Supportive Housing Developments. The proposed amendments to the Multifamily Residential (MR) and Core Commercial (C) zones will allow by-right supportive housing developments consistent with new State housing laws. Although State law mandates that cities and counties permit these types of housing developments by-right in certain zones, it also imposes numerous eligibility criteria that must be met for a supportive housing development to exercise this allowance. A supportive housing development is not market rate housing. The eligibility criteria require all of units in the supportive housing development to be affordable to lower income households and all of the units must be receiving public funding to ensure affordability for at least 55 years. The amendments would add this type of housing to the MR and C zones because State law requires localities to permit supportive housing developments in zones that permit multifamily and mixed uses.
• Group Homes. The proposed amendments to permit group homes consistent with State law will also make headway on the City's obligation to affirmatively further fair housing in accordance with Government Code Section 8899.50. State law requires all cities and counties to allow group homes that operate as single-family residences and that provide licensable services to six or fewer residents in single-family neighborhoods subject to the same permit requirements and development restrictions as other residential uses.
• Supportive Housing and Transitional Housing. State law requires all cities and counties to permit supportive and transitional housing in the same manner as residential uses and subject to the same restrictions that apply to other residential uses. The proposed amendments will permit supportive and transitional housing in the SR-1, SR ½, RA-2, UR, and MR zoning districts in the same manner as other residential uses in those zoning districts, ensuring the City's zoning regulations comply with State law.
- 3 -
TOPIC 2: AMENDMENTS FOR LIVE-WORK SPACES AND SINGLE ROOM OCCUPANCY (SRO)
DEVELOPMENTS
Live-Work Spaces. Housing Element Program 1-3.2 commits the City to amending its zoning regulations to allow live-work spaces in the Core Commercial (C) and Highway Commercial (HWC) zones. It reads as follows:
Program 1-3.2: Amend Zoning Ordinance to allow live-work spaces and single room occupancy (SRO) units in HWC and C Zoning Districts. Clarify that transitional and supportive housing is subject to the same zoning regulations that apply to similar housing types in the same zone, including zones that allow for residential uses.
It should be noted that the Zoning Ordinance presently allows live-work spaces in the Core Commercial (C) zone as a conditionally permitted use. The draft LCP amendments propose to amend the HWC zone to allow live-work spaces as a conditional use consistent with Program 1-3.2. With this amendment, live-work spaces would be a conditionally permitted use in all zones where residential dwellings are allowed except for the Multifamily Residential (MR) zone where live-work spaces are presently a permitted use.
Initially the Housing Update team contemplated establishing development standards for live-work spaces, however, upon closer consideration of the Zoning Ordinance definitions for home occupations and live-work spaces, we believe that refining the definition of live-work spaces and establishing development standards would reduce the flexibility inherent in the current regulations. That could end up being detrimental to both the City and to prospective live-work developers. The Zoning Ordinance currently permits home occupations as an accessory use to any dwelling, except in a mobile home park, and allows live-work spaces as a principally permitted use in the MR zone, and a conditionally permitted use in SR, SR-1/2, UR and C zones. The City's current regulatory framework for home occupations and live-work spaces creates an entitlement pathway for commercial endeavors that may not fit all of the home occupation parameters while providing an opportunity for community input through the public hearing process. At this time, the Housing Update team does not recommend further zoning amendments relating to live-work spaces other than an amendment to identify them as a conditionally permitted use in the HWC zone consistent with Program 1-3.2.
Single Room Occupancy (SRO) housing. In addition to allowing live-work spaces in the C and HWC zones, Program 1-3.2 also commits the City to allowing SRO housing facilities in the HWC and C zones.
The City's Zoning Ordinance does not currently provide for SRO housing. SROs are multiple-unit residential building(s) single room dwelling units or efficiency units as defined by the State Health and Safety Code which may have individual or shared kitchen and/or bathroom facilities. Each housing unit is intended to be occupied by no more than two persons.
While State housing law directs jurisdictions to provide for SROs to facilitate the provision of housing for all income groups and to provide of a variety of housing types, the law does not mandate how cities and counties are to regulate SRO. Consequently, the Housing Update team requests Council direction on the following topics:
1) Length of stay standard and whether the SRO unit must be the occupant’s primary residence.
To ensure the SRO amendments promote and facilitate construction of non-transient housing, staff recommends specifying a minimum length of stay of no less 30 days or more. Inclusion of this standard will avoid creating de facto visitor-serving extended stay accommodations, and also will - 4 -
avoid overlap with visitor-serving facilities such as hotels, motels, inns, and hostels. The SRO regulations of some jurisdictions include a requirement that SROs units be the primary residence of the occupant. This standard appears to be more common when the unhoused are the target population for SRO occupancy. On the other hand, inclusion of a standard requiring that a SRO unit must be the occupant’s primary residence might preclude a SRO development that would provide housing for a seasonal workforce.
2) Requirement that units be affordable to lower income households.
The SRO regulations of some cities (e.g., the City of Santa Monica) require that SRO units be rented at rents affordable to individuals and households with lower incomes. A city may include an income qualification as part of their local SRO regulations to improve housing options for extremely low income people and people experiencing homelessness. Some cities do not stipulate rents for SROs, and the units may be rented at market rates. Market rate SROs would typically be rented at lower rents because of their smaller size and they may be considered as a type of naturally occurring affordable housing (NOAH) or affordable-by-design units. Because the affordability of SRO units is not mandated by State housing law, the Council could strike the standard contained in draft section
18.25.160(3)(a), along with other language regarding mandating affordability. Removal of that language would create the opportunity for SROs to provide affordable workforce housing for individuals or households of no more than two people. At the same time, a SRO development receiving federal or State funding would not be relieved of their affordability obligations consistent with the funding agreements.
3) Option for shared kitchen and/or bathroom facilities consistent with California Building Code.
The federal Department of Housing and Urban Development (HUD) is an important source of funding for SRO development and rehabilitation. SROs with shared kitchen and/or bathroom facilities are eligible for HUD funding. Therefore, the Housing Update team recommends that the amendments to the Zoning Ordinance allow for SRO housing facilities that have shared kitchen and/or bathroom facilities consistent with the California Building Code. Including this option will provide flexibility to ensure eligibility for HUD funding for future development whereas prohibiting shared facilities would effectively foreclose potential access to HUD funding. 4) Extend the allowance for SRO housing to the Multifamily Residential (MR) zone.
The language of Housing Element Program 1-3.2 does not specify that SROs are to be allowed in the MR zone. The Housing Update team recommends that the LCP be amended to allow SRO housing in the MR zone in addition to the C and HWC zones. In terms of form, SROs are effectively multi-family housing providing smaller units for individuals or two-person households with the option for shared facilities. To exclude SROs from the MR zone would be inconsistent with the State's affirmatively furthering fair housing requirements.
- 5 -
TOPIC 3: MODIFICATIONS TO HIGHWAY COMMERCIAL (HWC) AND MULTI-FAMILY
RESIDENTIAL (MR) ZONING DISTRICTS TO ENCOURAGE HOUSING DEVELOPMENT ModificaMons to Highway Commercial (HWC) regulaMons:
Secdon 18.20.080(3)(b) of the City's Zoning Ordinance currently allows muld-family dwellings in the HWC zone as a condidonal use, subject to the following restricdons:
(i) Residential units occupy no more than 25 percent of the land area of any lot and the units are placed on the rear 40 percent of said lot,
(ii) All required off-street parking is provided on site, (iii) All yard, landscaping and screening requirements as set forth in this title are adhered to, (iv) For each residential project at least 15 percent of the project area is set aside as permanent usable open space, which space shall be in addition to patios, decks, and yards, (v) The project residential density is no greater than 15 dwelling units per acre, which requires that for each dwelling unit there must be at least 2,900 square feet of residential land area, (vi) Connections to municipal water and sewer systems shall be required, and the availability of adequate municipal water and sewer systems shall be determined prior to approval of the permit.
The planning commission shall deny applications for new dwelling units within the highway commercial area for any inconsistency with the provisions of the LCP, including, but not limited to, a lack of appropriate and adequate water and sewage disposal services or traffic capacity to support the proposed development, or that the proposed development would displace present or future priority uses, inconsistent with Coastal Act Sections 30222, 30223, and 30255.
As discussed at previous City Council study sessions, cumuladvely, the above development standards are so restricdve as to effecdvely preclude development of muld-family housing in the HWC zone. The Housing Update team seeks Council direcdon as to whether to modify or eliminate the requirement that "residendal units occupy no more than 25 percent of any lot and the units are placed on the rear 40 percent of said lot."
Ahachment B presents the Land Use and Zoning Map for the City. As shown, the HWC zoning is applied to nine parcels on School Street at the north end of town and to nine parcels along Main Street at the south end of town.
The Housing Team recommends that the 25 percent/40 percent restricdon be stricken from the Zoning Ordinance thereby removing the primary regulatory impediment to muld-family residendal development in the HWC zone. It should be noted that, because muld-family housing is a condidonal use in the HWC zone, the City Council would retain a considerable amount of discredon over specific development proposals. By retaining the density restricdon (15 units/acre) and the open space requirements (15% of the project site) future muldfamily development on HWC parcels would be consistent with the type of housing envisioned in the LCP but it could udlize an endre parcel rather than 25% of the lot area. - 6 -
Alternadvely, if the Council wants to condnue to require that residendal uses not be permihed along the highway frontage, more generous percentages could be established in subsecdon (i), for example:
"residendal units occupy no more than 50% of any lot and the units are placed on the rear 60% of said lot".
Given the size and configuradon of lots, it is uncertain as to whether this approach would effecdvely incendvize muld-family housing on HWC parcels.
ModificaMons to MulM-family ResidenMal (MR) regulaMons:
Ahachment B (Land Use and Zoning Map) shows properdes that are within the MR zone. The MR zoned properdes are clustered around the commercial core of the city and at the east end of Mill Street. The MR zoning district is intended for medium-density housing such as duplexes, triplexes, townhouses, and walk-up apartments. However, the 7.5 dwelling unit/acre density cap that is established by the Zoning Ordinance for the MR zone is a density that is more typically associated with a single-family residendal neighborhood. If the City's intendon is to encourage infill development and/or redevelopment of medium-density housing in the MR zone, the allowable density should be increased beyond 7.5 dwelling units/acre.
The Housing Update team recommends that the density of the MR zoning district be increased to 15 dwelling units/acre which is a reasonable density to support development of ahached and/or stacked units.
- 7 -
TOPIC 4: PHASING REQUIREMENTS FOR HAY ANNEXATION AREA
On January 10, 1990, the California Coastal Commission cerdfied an LCP amendment that provided for the annexadon and rezoning of approximately 176 acres of land located east of Mill Street and south of Riverside Drive, known as the Hay Annexadon area. Ahachment C presents the City Council's February 27, 1990 resoludon of approval of the LCP amendment and acceptance of the Coastal Commission's suggested modificadons. The following documents are ahached to the resoludon:
(a) pages 4-5 of the Coastal Commission staff report that idendfy Suggested Modificadons #1 and #2 establishing phasing requirements for the annexadon area. (b) Amendment No. 1 to Memo of Understanding City of Point Arena/Hay Annexadon, executed on February 27, 1990, which modifies a prior phasing agreement between the City and the property owner. The amendment includes all lands designated "Planned Development" in Phase 2 and acknowledges that the Industrial and Public Facility lands are exempt from phasing. (c) An exhibit illustradng the phasing and land use designadons for the annexadon area. Please note that the two parcels that are designated PD in this exhibit were subsequently rezoned to SR-1. (d) November 14, 1989, Final Adopted Proposal of Understanding between the City of Point Arena and the property owners (Karen & Bill Hay). This is the agreement that was amended on February 27, 1990 as noted above.
(e) February 28, 1990, City acknowledgement of cerdficadon of the LCP Amendment.
Per the Coastal Commission's suggested modificadons, the phasing policies for the Hay Annexadon Area are as follows:
"Where required, necessary road, water, and sewer services within the Mill Street/Hay Annexadon area shall be extended from the City center in an orderly, west to east direcdon and in two phases as shown on the land use plan/zoning map." "Where required, the necessary extension of road, water, and sewer services within the Mill Street/Hay Annexadon area shall be in two phases. Phase I includes: 13 acres of Urban Residendal, 3 acres of Muldfamily Residendal, and 20 acres of Suburban Residendal zoned lands.
Phase II includes: 10 acres of Suburban Residendal, 32.6 acres of Planned Development, and 62 acres of Residendal Agriculture zoned lands. Phase I would commence upon approval by the City Council of necessary permits needed for construcdon of road and udlity installadons.
Subdivision plans would be processed. Phase II can commence no earlier than 2 years from the commencement of Phase I and when the developer can provide verificadon that 50% of the Phase I sites have been sold."
The Hay Annexadon area includes a significant amount of undeveloped property, much of which could support housing development. Phase I encompasses 46 acres off the easterly end of Mill Street (including 13 acres zoned UR; 3 acres zoned MR, and 20 acres zoned SR-1/2). Phase II includes - 8 -
approximately 105 acres to the east of that, including 10 acres zoned SR-1/2; 32.6 acres zoned SR-1; and 62 acres zoned RA-2.
The property owner previously proposed a muld-family residendal project (senior housing) on a pordon of the Phase II area that is located north of Eureka Hill Road and east of Pine Reef Road and designated SR-1 on Ahachment B. The property owner has indicated an interest in condnuing to pursue a housing project on that parcel if the LCP phasing requirements can be modified to allow that development to proceed in advance Phase I.
The Housing Update team seeks direcdon from the Council regarding whether to pursue such a change as part of the LCP amendments. To do so will require a considerable amount of work effort to address Coastal Act policies requiring the logical and orderly extensions of water, sewer and other udlides to serve new development.
Attachment A - Miscellaneous Zoning Amendments
Table of Contents
Amendments to the Zoning Districts for Housing ............................................................................................................2 Appendix A Supplementary Definitions shall be modified as follows: .............................................................................4
18.25.110 Residential Density Bonus................................................................................................................................6 (1) Purpose...................................................................................................................................................................6 (2) Definitions. .............................................................................................................................................................6 (3) Applicability...........................................................................................................................................................6 (4) Application Requirements. ..................................................................................................................................6 (6) Density Bonus.........................................................................................................................................................8 (7) Incentives...............................................................................................................................................................8 (8) Local Coastal Program Consistency........................................................................................................................8 (9) Review Procedures.................................................................................................................................................8 (10)Affordable Housing Agreement and Senior Housing Agreement. ...................................................................... 10 (11)Design and Quality............................................................................................................................................... 11 (12)Interpretation...................................................................................................................................................... 11
18.25.120 Emergency Shelters and Low Barrier Navigation Centers............................................................................ 12 (1) Purpose................................................................................................................................................................ 12 (2) Applicability. ........................................................................................................................................................ 12 (3) General Provisions and Standards....................................................................................................................... 12
18.25.130 Employee Housing, Including Farmworker Housing..................................................................................... 14 (1) Purpose................................................................................................................................................................ 14 (2) Applicability. ........................................................................................................................................................ 14 (3) General Provisions............................................................................................................................................... 14
18.25.160 Single Room Occupancy Housing (SRO)........................................................................................................ 16 (1) Purpose................................................................................................................................................................ 16 (2) Applicability. ........................................................................................................................................................ 16 (3) General Provisions and Standards....................................................................................................................... 16
18.25.170 Supportive Housing Developments .............................................................................................................. 18 (1) Purpose................................................................................................................................................................ 18 (2) Applicability. ........................................................................................................................................................ 18 (3) General Provisions............................................................................................................................................... 18 (4) Review Procedures.............................................................................................................................................. 19 Attachment A - Miscellaneous Zoning Amendments
Amendments to the Zoning Districts for Housing
Sec. 4.02, Suburban Residential or SR zone, subsection I shall be modified as indicated below. The modification of subsection I has the effect of modifying subsection II.A because of the language of “all principally allowed uses in the SR 1 Zone”.
I. Suburban Residential--One Acre (SR 1)
A. Principally permitted uses
1) Single family dwellings, including a mobile or manufactured home, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents.
Sec. 4.03, Urban Residential or UR Zone, subsection A shall be modified as follows:
A. Principally permitted uses
1) Single family dwelling, including a mobile or a manufactured home, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents.
Sec. 4.04, Multifamily Residential or MR Zone, subsection A shall be modified as follows:
A. Principally permitted uses
1) Single-family and multi-family dwellings, including shared living and co- housing facilities, livework spaces, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, supportive housing developments, single room occupancy housing, and group homes that provide licensable services to six (6) or fewer residents; except mobile homes, and mobile home parks are not permitted, and live-work spaces.
Sec. 4.06, Residential Agricultural or RA-2 Zone, subsection A shall be modified as follows:
A. Principally permitted uses
…
6) One single-family dwelling, employee housing including farmworker housing for six (6) or fewer employees, supportive and transitional housing, and group homes that provide licensable services to six (6) or fewer residents, which may be a mobile home or a manufactured home.
Sec. 4.07, Core Commercial or C, subsections A and B shall be modified as follows:
A. Principally permitted uses
…
14) Supportive Housing Developments, Emergency Shelters and Low Barrier Navigation Centers.
B. Conditionally permitted uses
…
9) Emergency shelters and transitional housing. Single room occupancy housing.
Attachment A - Miscellaneous Zoning Amendments
…
Sec. 4.08, Highway Commercial or HWC, subsection A is modified as follows:
A. Principally permitted uses
…
5) Emergency shelters and Low Barrier Navigation Centers.
B. Conditionally permitted uses
…
15) Live-work spaces.
16) Single room occupancy (SRO) housing facilities.
Attachment A - Miscellaneous Zoning Amendments
Appendix A Supplementary Definitions shall be modified as follows:
Commercial agriculture. The growing of crops for food or fiber, or grazing or raising of livestock with the intent to sell the products for profit. Commercial agriculture does not include crops or agriculture grown for personal consumption or equestrian uses.
…
Family. One person; ortwo or more personsrelated by blood, marriage or adoption; or a group not in excess of five unrelated personsliving together as a single housekeeping unit. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit. …
Farmworker. A person who works full or part-time (twenty-four (24) hours or more per week) in the service of a commercial agricultural operation.
…
Emergency Shelter. A facility that provides immediate and short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See "Homeless" and Transitional Housing.") Temporary housing with minimal supportive services for persons experiencing homelessness, which is limited to occupancy of 6 months or less, and is operated by a government agency or private non-profit organization. Emergency shelters may be in the form of dormitory or congregate housing, or individual shelters provided at no cost to persons without permanent housing. Operations may be seasonal or year-round and client services may be offered, including but not limited to, counseling, medical evaluation, and job/life skills training in addition to food, showers and sleeping accommodations. Emergency shelters shall include interim housing interventions including but not limited to a navigation center, bridge housing, and respite or recuperative care. …
Homeless. Persons and families who lack a fixed, regular, and adequate nighttime residence. Includes those staying in temporary or emergency shelters or who are accommodated with friends or others with the understanding that shelter is being provided as a last resort. California Housing Elementlaw, Section 65583(c)(1), requires all cities and counties to address the housing needs of the homeless. (See "Emergency Shelter" and "Transitional Housing.")
…
Low barrier navigation center means 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. …
Single Room Occupancy. Multiple-unit residential building(s) containing housing units that may have kitchen and/or bathroom facilities and are single room dwelling units or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons, for no less than 30 days, and the unit is the occupants’ primary residence.
…
Supportive Housing. A building or buildings configured as rental housing development with no limit on length of stay, that is occupied by a “target population”, and that is linked to on- or off-site services that assist the Attachment A - Miscellaneous Zoning Amendments
supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone. …
Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with othersocialservices and counseling programsto assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. A building or buildings configured as rental housing developments occupied by the “target population”, but operated under programs requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use that is permitted in the same manner as other residential dwellings of the same type in the same zone, and subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
…
Target Population. Means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Attachment A - Miscellaneous Zoning Amendments
18.25.110 Residential Density Bonus
(1) Purpose.
Sections 65915 through 65918 of the California Government Code, known as State Density Bonus Law, requires a city to provide a developer that proposes a housing development within the jurisdictional boundaries of that city with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements. This Article provides for regulations that implement State Density Bonus Law to provide additional opportunities for the provision of affordable housing within the City of Point Arena in a manner consistent with the policies of Point Arena’s Local Coastal Program and is most protective of coastal resources and public access.
(2) Definitions.
The definitions found in State Density Bonus law, Sections 65915 through 65918 of California Government Code, shall apply to the terms contained in this Article. (3) Applicability.
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide very low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed-use project.
The granting of a density bonus, incentive or concession, pursuant to this Article, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.
(4) Application Requirements.
Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943. (a) The density bonus report shall include the following minimum information:
i) Requested Density Bonus.
A) Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level,proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
B) A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and Attachment A - Miscellaneous Zoning Amendments
density bonus units.
C) The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
D) A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
E) Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
F) If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met. ii) Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
A) The City's usual development standard and the requested development standard or regulatory incentive.
B) Reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents. iii) Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
A) The City's usual development standard and the requested development standard.
B) Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
iv) Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
v) Child Care Facility. If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met. vi) Condominium Conversion. If a density bonus or incentive is requested for a condominium Attachment A - Miscellaneous Zoning Amendments
conversion, reasonable documentation that all of the requirements included in California Government Code Section 65915.5 can be met.
vii) Fee. Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law. (6) Density Bonus.
All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.
(a) If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development as defined in Appendix A and State Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law.
(b) The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law. (c) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f).
Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law. (7) Incentives.
(a) Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
(b) Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.
(8) Local Coastal Program Consistency.
(a) State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Cal. Public Resources Code § 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.
(b) Development within the coastal zone that is granted a density bonus, incentive(s), waiver(s), parking reduction(s), or commercial development bonus shall be consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Point Arena Local Coastal Program.
(9) Review Procedures.
(a) All requests for density bonuses, incentives, parking reductions, or waivers shall be considered and acted Attachment A - Miscellaneous Zoning Amendments
upon by the City Council within the timelines prescribed by California Government Code Section 65950 et seq. Approval of such requests shall be based on the following findings, as applicable, and shall be consistent with Section 65589.5 of the California Government Code. i) The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by California Government Code Section 65915, subdivision (c)(3).
ii) Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2).
iii) The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915. iv) The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).
v) If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met. vi) If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.
vii) If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met.
viii) The development is consistent with the coastal resource protection policies, and where applicable, the public access requirements of the certified Point Arena Local Coastal Program. (b) The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
ii) The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053; or iii) The proposed incentive would be contrary to state or federal law; or iv) The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
Attachment A - Miscellaneous Zoning Amendments
(c) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
i) The proposed waiver would be contrary to state or federal law; or ii) The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
iii) The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. (d) If any density bonus, incentive, parking reduction, or waiver is approved pursuant to this Article, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to Section 10 of this Article.
(10) Affordable Housing Agreement and Senior Housing Agreement. (a) Affordable Housing Agreement. Except where a density bonus, incentive, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the city, in a form approved by the city attorney, to be executed by the city manager, to ensure that the requirements of this Article are satisfied. i) The applicant shall enter into an affordable housing agreement meeting the requirements California Government Code Section 65915, subdivision (c)(1) for all of the very low and lowincome rental units that qualified the applicant for the award of the density bonus. The affordable housing agreement shall guarantee the affordability of the very low and low-income rental units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. ii) The applicant shall enter into an affordable housing agreement meeting the requirements California Government Code Section 65915, subdivision (c)(2) for the for-sale unit(s) that qualified the applicant for a density bonus, incentive, parking reduction, or waiver. (b) Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a marketrate senior housing development, the applicant shall enter into a restrictive covenant with the city, running with the land, in a form approved by the city attorney, to be executed by the city manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.
(c) The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest. (d) The affordable housing agreement shall include, but not be limited to, the following:
i) The number of density bonus dwelling units granted;
ii) The number and type of affordable dwelling units
Attachment A - Miscellaneous Zoning Amendments
iii) The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
iv) The proposed location of the affordable dwelling units; v) The schedule for production of affordable dwelling units; vi) The phasing of the affordable units in relation to the market-rate units; vii) Incentives or concessions or waivers provided by the city; viii) Where applicable, tenure and conditions governing the initial sale of the affordable units; ix) Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units
x) Marketing plan; publication and notification of availability of affordable units; xi) Compliance with federal and state laws;
xii) Prohibition against discrimination;
xiii) Indemnification;
xiv) City's right to inspect units and documents;
xv) Remedies.
(11) Design and Quality.
(a) Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the city.
(b) The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market rate units.
(12) Interpretation.
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.
Attachment A - Miscellaneous Zoning Amendments
18.25.120 Emergency Shelters and Low Barrier Navigation Centers (1) Purpose.
This Article provides for the regulation of emergency shelters and low barrier navigation centers in accordance with Section 65583, and Sections 65660 through 65666 of the California Government Code. (2) Applicability.
(a) Emergency shelters are principally permitted in the Highway Commercial (HWC) Zone and the Core Commercial (C) Zone subject to the General Provisions and Standards identified in this Article and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (b) Low barrier navigation centers are principally permitted in Core Commercial (C) Zone and Highway Commercial (HWC) Zone in accordance with Government Code Section 65662, subject to the General Provisions and Standards identified in this Article and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (3) General Provisions and Standards.
(a) Emergency shelters. In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. (i) Physical Characteristics.
A) The facility shall have on-site security for residents, visitors, and employees during all hours when the shelter is in operation.
B) Facilities shall provide exterior lighting for pedestrian pathways and parking lot areas on the property. Lighting shall be stationary, and directed away from adjacent properties and public rights-of -way.
C) Facilities shall provide secure areas for personal property. (ii) Limited Terms of Stay. The maximum term of stay at an emergency shelter is six (6) months. (iii) No individual or household shall be denied emergency shelter because of an inability to pay. (iv) Parking. The emergency shelter shall provide on-site parking at a rate of at least one (1) space per employee.
(v) Emergency Shelter Management. The agency or organization operating the emergency shelter shall provide on-site management during all hours when the shelter is in operation. (b) Low Barrier Navigation Centers. In addition to the development standards in the underlying zoning district, low barrier navigation centers shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.
(i) Allowed zones. Low barrier navigation centers shall be allowed as a principally permitted use in Core Commercial (C) and Highway Commercial (HWC) zones provided they meet the Attachment A - Miscellaneous Zoning Amendments
requirements of subdivisions (ii) and (iii) of this section, and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards.
(ii) For purposes of this section of Article 18.25.120, the following definitions shall apply:
A) “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
B) “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; or
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
C) “Low barrier navigation center” means 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.
(iii) A low barrier navigation center shall meet the following requirements:
A) It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B) It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
C) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D) 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. iv) Application procedures.
A) An application shall be submitted to the Planning Department.
B) The city shall act within sixty days of receipt of a completed application.
Attachment A - Miscellaneous Zoning Amendments
18.25.130 Employee Housing, Including Farmworker Housing (1) Purpose.
This Article provides for the regulation of employee housing including farmworker housing as required by Section 17021.6 of the California Health and Safety Code, as amended, and to establish standards to ensure that farmworker housing is developed consistent with the Point Arena Local Coastal Plan and the Coastal Act. (2) Applicability.
(a) Districts where agriculture uses are allowed. Pursuant to California Health and Safety Code Section 17021.6, employee housing, including farmworker housing, consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include farmworkers who do not work on the property where the employee housing is located and may consist of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household on land zoned for agricultural uses. Such employee housing shall be considered to be an activity that in no way differs from an agricultural use. (b) Farmworker housing shall be an agricultural use on lots where both of the following requirements are met:
i) On lots that are wholly in a zoning district where agricultural uses are principally permitted.
A) Agricultural uses are principally permitted in the Suburban Residential–One Acre (SR 1), Suburban Residential–One-half Acre (SR 1/2), Agricultural Exclusive (AE), and Residential Agriculture (RA-2) zoning districts.
ii) On lots where an active bona fide commercial agricultural, as defined herein, is in operation. (3) General Provisions
Farmworker housing to be located on a lot that meets the Applicability requirements of this Article, developed pursuant to Health and Safe Code 17021.6, that meets all of the following requirements and is sited and designed to avoid adverse impacts to coastal resources, including conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards, shall be principally permitted in the Suburban Residential–One Acre (SR 1), Suburban Residential–One-half Acre (SR 1/2), Agricultural Exclusive (AE), and Residential Agriculture (RA-2) zoning districts, provided:
(a) The property owner shall obtain all permits and/or approvals from the City of Point Arena, as applicable, and the State Department of Housing and Community Development (HCD) pursuant to Title 25 of the California Code of Regulations. Employee housing, including farmworker housing, shall also require a coastal development permit pursuant to the provisions of Article 6 of this Ordinance. (b) Farmworker housing shall be occupied only by farm employees, and their families, engaged in agricultural labor and shall not be otherwise occupied or rented.
(c) No more than thirty-six (36) beds in a group quarters or up to twelve (12) units are allowed on an individual parcel.
(d) Prior to the submittal of the permit application for farmworker housing, the property owner shall provide appropriate evidence to the satisfaction of the City Manager, or their designee, of an active bona fide commercial agricultural operation. An equestrian related use is not considered evidence of commercial Attachment A - Miscellaneous Zoning Amendments
agriculture for farmworker housing.
(e) At least one parking space per unit or one space per three beds, whichever is more, shall be provided. (f) Farmworker housing shall meet the applicable policies and provisions of the LCP, including the setback, lot coverage, height, and other development standards applicable to the zone in which it is located.
Additionally, farmworker housing shall be located not less than seventy-five feet from barns, pens, or other structures that house livestock or poultry, and not less than fifty feet from any other agricultural and non-agricultural use.
(g) Farmworker housing shall be sited on the flattest area of the project site, except where there is an alternative location that would be more protective of coastal visual resources or ESHA, and shall be located as close to existing roads as feasible. Additionally, farmworker housing shall be clustered with existing development to the maximum extent feasible and minimize grading, landform alteration, and the need for construction of new roads.
(h) Farmworker housing shall be removed from the property or converted to another permitted use that is approved through a CDP within 90 days of termination of the property’s use from agricultural production. (i) Within thirty days after approval from the City of Point Arena for farmworker housing, the applicant shall record in the office of the Mendocino County Clerk-Recorder a covenant running with the land for the benefit of the City of Point Arena, declaring that the farmworker housing will continuously be maintained as such in accordance with the LCP and that:
i) The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from State Department of Housing and Community Development (HCD) pursuant to the Employee Housing Act and the regulations promulgated thereunder; ii) The improvements required by the City of Point Arena related to farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant; and iii) The applicant will submit the annual verification form as required by section (k) of Article
18.25.130 to the City Manager or their designee.
(j) Farmworker housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the California Code of Regulations, Title 25, Division 1, Chapter 1, Sections 600 through 940, prior to occupancy of the housing units. A copy of the HCD permit shall be provided to the City Manager, or their designee, within fourteen (14) days of issuance or at the time of building permit application submittal, whichever is earlier.
(k) On an annual basis, the property owner must file a verification form with the City Manager or their designee stating that the commercial agricultural operation is still taking place on the property and that the tenants are employed as farm employees and thereby renew the agricultural certificate for the farm employee housing. Failure to file the verification form will be interpreted as indicating the commercial agriculture has ceased operation and may be the basis for building permit revocation. i) The verification form shall be submitted annually by May 15th of each year to the City Manager, or their designee, in a form acceptable to the City Manager, that all the dwelling units or sleeping quarters are being rented to and occupied by persons who meet the definition of an farmworker established in Appendix A (“Farmworker”).
Attachment A - Miscellaneous Zoning Amendments
18.25.160 Single Room Occupancy Housing (SRO)
(1) Purpose.
This Article provides for the regulation of single room occupancy (SRO) housing facilities. SROhousing facilities are intended to provide housing opportunities for lower-income one- or two person households who cannot typically afford apartments. SRO housing is SRO housing units are rented out as a permanent residence and/or primary residence to individuals, within a multi-tenant building where tenants may share a kitchen, toilets or bathrooms. Some SRO units may have a small refrigerator, microwave and sink. SROs are a form of affordable housing, in some cases for formerly or otherwise homeless individuals. (2) Applicability.
(a) SRO housing facilities shall be principally permitted in the Multifamily Residential (MR) and the Highway Commercial (HWC) zoning districts when they comply with the development standards of the MR or HWC zone, as applicable, are located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and when sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (b) SRO housing facilities in the Core Commercial (C) zoning district shall be conditionally permitted and must demonstrate the proposed SRO housing facility will comply with the development standards of Core Commercial zone, will be located, developed, and operated in compliance with the General Provisions and Standards identified in this Article, and sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (3) General Provisions and Standards.
A Single Room Occupancy (SRO) housing facility shall be located, developed, and operated in compliance with the following standards and requirements, and shall be sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards:
(a) Except for a manager’s unit, SRO units shall be provided at rents affordable to individuals and households with lower incomes as defined by the California Department of Housing and Community Development’s State income limits for Mendocino county. (b) No transient occupancy of SRO units shall be allowed; tenancy of SRO units shall be for 30 or more days.
SRO unit tenants shall not have an additional residential address other than the address of the SRO housing facility in which the unit is located.
(c) Maximum Occupancy. Each SRO unit shall be designed to accommodate a maximum of 2 persons.
Occupancy of SRO units may be restricted to seniors or be available to persons of all ages. (d) Minimum Size. An SRO unit must have at least 150 square feet of floor area for single person occupancy and 220 square feet for two (2) person occupancy. No individual unit may exceed 375 square feet. (e) Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.
(f) Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, Attachment A - Miscellaneous Zoning Amendments
shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
(g) Kitchen. An SRO unit is not required to, but may contain food preparation facilities. (h) Common Area. Four (4) square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. (i) Facility Management. The agency, organization, or entity operating the SRO housing facility shall provide full-time on-site management. The facility shall include a manager’s office or a manager’s unit. (j) Parking. 1 space for every two SRO units, plus 1 space for the management unit or office and 1 space for each employee, if any, on maximum shift.
(k) Common laundry facilities for tenant use shall be provided. i) For a SRO housing facility consisting of 10 or fewer SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer, in addition to a laundry sink and folding area.
ii) For SRO housing facility consisting of greater than 10 SRO units, common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.
iii) The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.
(l) Storage for tenants. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.
Attachment A - Miscellaneous Zoning Amendments
18.25.170 Supportive Housing Developments
(1) Purpose.
This Article provides for the regulation of supportive housing developments as required by Sections 65650 through 65656 of the California Government Code, as amended. Section 65651 prescribes that qualifying supportive housing developments shall be a by right use in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses when specific requirements are met, and when consistent with the Point Arena Local Coastal Plan and the Coastal Act. Government Code Sections 65651 through 65656 establish specific requirements for the regulation of supportive housing developments.
This Article is intended to protect coastal resources when regulating supportive housing developments, while also complying with the standards in Sections 65650 through 65656 of the California Government Code to the greatest extent feasible.
(2) Applicability.
The provisions of this Article apply to all lots in zoning districts that permit multifamily and mixed uses, including nonresidential zones that permit multifamily uses, that is the Multifamily Residential (MR) Zone, Core Commercial (C) Zone, and Highway Commercial (HWC) Zone. Supportive Housing Developments shall comply with objective development standards and policies that apply to other multifamily development within the same zone and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (3) General Provisions.
A supportive housing development developed pursuant to Government Code 65650 et seq., consisting of fifty (50) units or less, that meets all of the following requirements and is sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards, is principally permitted in the MR, C, and HWC zoning districts, provided:
(a) Units within the development are subject to a recorded affordability restriction for fifty-five (55) years. (b) Affordability. One hundred percent (100%) of the units, excluding managers’ units, within the development must be restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Lower income households has the same meaning as defined in Section 50079.5 of the California Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
(c) Supportive Housing Units. At least 25 percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. In developments with fewer than 12 units, one hundred percent (100%) of those units, excluding managers’ units, must be restricted to residents in supportive housing. (d) Services Plan. The applicant shall submit a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project as required by Section 65651, and describing those services, which must include all of the following:
i) The name of the proposed entity or entities that will provide supportive services. ii) The proposed funding source or sources for the provided onsite supportive services.
Attachment A - Miscellaneous Zoning Amendments
iii) Proposed staffing levels.
(e) Replacement Dwelling Units. The supportive housing development shall replace rental dwelling units in the manner provided in Section 65915 of the California Government Code. (f) Facilities. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. (g) Supportive Services Floor Area. For a development with twenty (20) or fewer total units, at least ninety (90) square feet shall be provided for onsite supportive services. For a development with more than 21 units, at least three percent (3%) of the total nonresidential floor area must be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. (h) Parking. A supportive housing development that is located within one-half mile walking distance of a public transit stop shall not require parking for units within the supportive housing development that are designated for supportive housing residents.
(i) Any other requirements of Government Code section 65650 et seq. regarding supportive housing, as may be amended.
(4) Review Procedures.
(a) The City shall approve a supportive housing development that complies with the applicable requirements of this Article, and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (b) The City shall only require the supportive housing development to comply with the objective development standards and policies that apply to other multifamily development within the same zone, and all applicable policies and standards of the Point Arena Local Coastal Program, including those that govern ESHA, coastal views, public access, and coastal hazards. (c) The City shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this Article. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. (d) The City’s review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this Article shall be conducted consistent with the requirements of subdivision (f) of Section 65589.5 of the California Government Code, and shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e) Any discretion exercised by the City in determining whether a project qualifies as a use by right pursuant to this Article or discretion otherwise exercised pursuant to this section does not affect that City's determination that a supportive housing development qualifies as a use by right pursuant to this Article. ?Ô
P o i n t A r e n a C r e e k
Mill St
Riverside Dr
Lake St
School St
Windy Hollow
Rd
Port Rd
Pier
Port Rd
Iversen Ave
Main
St
AE
AE
AE
AE
AE
AE
RA-2
SR-1
SR-1
I
PF
SR-1/2 MR
MR
UR
MR
SR-1
UR
PF
PF
PF
PF
PF
P
P
UR
MR
C
RA-2
HWC
PF
HC
RA-2
SR-1/2
UR
HWC
C
MR
?Ô
E
Legend
Land Use
AE, Agriculture Exclusive
C, Commercial Core
HWC, Highway Commercial
HC, Harbor Commercial
I, Industrial
P, Park
PF, Public Facility
RA-2, Residential Agriculture - 2 Acre
UR, Urban Residential
SR-1, Suburban Residential - 1 Acre
SR-1/2, Suburban Residential - 1/2 Acre
MR, Multi-Family Residential
City of Point Arena
Parcel Boundaries
Centerline Roads
Creeks
Coastline
Compiled By Planwest Partners
Date: February 28, 2006
Projection: California State Plane Zone 2 (feet), NAD 1983 Data Sources: County of Mendocino Planning & Building Services, City of Point Arena, & Planwest Partners
0 0.25 0.5 Miles
P a c i f i c
O c e a n
City of Point Arena
Land Use and Zoning Map