TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 9, 2024
SUBJECT: Municipal Code Amendments Regarding Emergency Shelters and Large-Family Day Care Homes
RECOMMENDATION:
1. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend Thousand Oaks Municipal Code (TOMC) Sections 9-4.202 and 9-4.2104 related to “Residential Large-Family Daycare” in compliance with changes enacted under Senate Bill 234 (MCA-2023-70007).
2. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance to amend TOMC Section 9-4.202 related to definitions of “Emergency Shelters” in compliance with changes enacted under State law (MCA- 2023-70008).
3. Find that approving municipal code amendments for changes to the City’s zoning code is an action exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14, Chapter 3 of the California Code of Regulations.
FINANCIAL IMPACT:
No Additional Funding Requested. Staff time to prepare and process the MCAs and the minor direct cost of providing public hearing notices is included in the Adopted FY 2023-24 General Fund Budget.
BACKGROUND:
On February 12, 2024, the Planning Commission held a public hearing, received a staff report (Attachment #1), a presentation from staff, and public testimony to consider the proposed amendments. Please refer to the Planning Commission
MCAs Regarding Emergency Shelters and Large-Family Day Care Homes April 9, 2024
cdd:660-21/ns/H:COMMON/City Council/CC Agenda Items/2024/2024-04-09/MCAs Em Shelter Family, Day Care MCA 2023-70007 -70008 Staff Report.doc/pz (FILE ID: MCA 2023 -70007; -70008) staff report for detailed background and discussion of the proposed code amendments.
On September 26, 2023, City Council initiated the subject MCAs, amongst others, declaring intention to consider adopting new code language related to “Emergency Shelters” and “Large-Family Day Care Home.” The intent of the revisions is to comply with State Senate Bill 234 (SB 234) related to Large-Family Day Care Homes and emergency shelters to consider eliminating the six-month requirement that an unhoused person reside at a shelter.
DISCUSSION/ANALYSIS:
Large-Family Day Care
In 2020, SB 234 was enacted, to help address a statewide shortage of regulated childcare. The law requires local ordinances to treat Large-family Day Care homes the same as Small-family Day Care homes which is considered an allowed residential use in a residential zone. Currently, the TOMC provides a procedural distinction between small and large day care facilities. The code considers small day care facilities as a “by-right” residential use, whereas a large-family day care requires the processing of a discretionary Special Use Permit.
To comply with SB 234, proposed revisions to the TOMC will establish revised and/or new definitions and changes to the permitted use matrix in the Municipal Code that will reconcile inconsistencies between existing TOMC standards and those required by SB 234. Effectively, the procedure for permitting each type will be the same ministerial process.
Emergency Shelters
Providing shelter for unhoused people has been a challenge throughout the State.
Emergency shelters are offered, but on a time-restricted basis. The California Health and Safety Code Section 50801(e) and City regulations limit the residency at an emergency shelter to no more than a six-month period. This limitation may not provide adequate time for a person to transition from the shelter to permanent housing.
On January 12, 2024, City Council approved a Low Barrier Navigation Center at 1205 Lawrence Drive. The intent of this shelter is to assist people in transitioning into permanent housing. To meet this goal, staff proposed amending the definition of “Emergency Shelters” currently in the TOMC, to eliminate the six-month limitation to provide greater flexibility for case workers to work with clients.
MCAs Regarding Emergency Shelters and Large-Family Day Care Homes April 9, 2024
cdd:660-21/ns/H:COMMON/City Council/CC Agenda Items/2024/2024-04-09/MCAs Em Shelter Family, Day Care MCA 2023-70007 -70008 Staff Report.doc/pz (FILE ID: MCA 2023 -70007; -70008) Planning Commission Review and Recommendation
While considering the proposed amendments, the Planning Commission unanimously agreed with the recommendation pertaining to large-family day care facilities, with limited discussion on that item.
Regarding the Emergency Shelter amendment, the Commissioners raised concerns about removing the reference to the six-month occupancy and having a definition in the municipal code that is not consistent with State law. After Commissioners’ discussion, they requested staff add an explicit definition of Low Barrier Navigation Center as defined by Government Code Section 65660(a). Per definition, this type of homeless shelter would allow the flexibility needed by the City’s approved Low Barrier Navigation Center operations, while retaining the definition for Emergency Shelters consistent with State law in the municipal code.
Government Code Section 65660 does not specify a time limit for occupancy.
Additionally, the development standards related to low barrier navigation centers overlap with the standards for emergency shelters, amendments to other sections of the municipal are not required. Ultimately, Planning Commission unanimously voted 5-0 to move forward the amendments with the requested changes.
Environmental Review
The project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14, Chapter 3 of the California Code of Regulations that states “…CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Therefore, this project would not have a significant effect on the environment and is exempt from further review under CEQA.
Conclusion
The proposed code amendments are consistent with the General Plan and will not be detrimental to the public interests, health, safety, convenience, or welfare of the City. The purpose of the amendments is to update the TOMC to comply with new legal requirements and best practices. Therefore, staff recommends that City Council accept Planning Commission’s recommendation to adopt the attached ordinances (Attachments #2 and #3) approving these Municipal Code Amendments as outlined above.
MCAs Regarding Emergency Shelters and Large-Family Day Care Homes April 9, 2024
cdd:660-21/ns/H:COMMON/City Council/CC Agenda Items/2024/2024-04-09/MCAs Em Shelter Family, Day Care MCA 2023-70007 -70008 Staff Report.doc/pz (FILE ID: MCA 2023 -70007; -70008) COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
PREPARED BY: Nizar Slim, Sr. Planner
Attachments:
Attachment #1 – Planning Commission Staff Report
Attachment #2 – Ordinance for Day Care
Attachment #3 – Ordinance for Emergency Shelters