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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT El SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Community Development Item No: D1
Prepared by: John Conley, Director Meeting Date: October 25, 2022 Approved by: Amanda Lee, Assistant City Manager Agenda Location: Discussion SUBJECT: ZONING FOR MOBILE SHOWERS
RECOMMENDATION: Discuss possible zoning designations for the allowance of mobile showers and provide direction to staff.
CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.
PRIOR ACTION: On August 9, 2022, the City Council discussed zoning for mobile shower facilities and directed staff to bring back recommendations for code amendments and conditions to allow for mobile showers in certain zones with the approval of a special use permit for consideration (Vote: 4-1, Ritter opposed).
STATEMENT ON THE SUBJECT: Following the City Council's direction from August 9, 2022, staff researched jurisdictions in the State that identify mobile showers as a permissible use within their zoning code, or as a conditional use that may be permitted with a use permit. Staff identified several jurisdictions that provide mobile showers as part of a public (city-sponsored) program, such as the cities of Sausalito, Novato, Santa Cruz, Santa Rosa, Berkely and Fresno. In addition, there are numerous private organizations that provide mobile shower facilities in partnership with cities or nonprofit organizations.
However, staff was unable to find jurisdictions that have established by-right zoning for mobile showers, and it appears that most of these facilities are permitted either on properties operated by religious institutions, or on public property with city approval.
It should be noted that mobile showers are currently be permitted in Vista with a Temporary Use Permit (TUP) for a special event held on private property, with a Special Event Permit for a temporary special event held on public property, or by-right on a religious institution site or a nonprofit site providing homeless services under an approved special use permit (SUP). TUPs and Special Event Permits address temporary events only, are discretionary, and are considered on a case-by-case basis. Mobile showers may be permitted as a permanent use on a religious institution site or nonprofit site without any additional fees or discretionary approval if already operating under an approved SUP.
If the City Council is interested in establishing zoning for mobile showers as a stand-alone use within the zoning code, staff recommends allowing mobile showers in commercial zones (C-1, C-2, C-3, and M-1 zones) with approval of a Minor Use Permit (MUP). This would allow the establishment of a mobile shower facility with approval of a discretionary permit that can include conditions related to its operation.
Conditions can address the specifics of the proposed location and/or operational controls. An MUP is considered by the Zoning Administrator in a public hearing and is appealable to the Planning Commission.
ACTION: Discussed possible zoning designations for the allowance of mobile showers and provided direction to staff. Vote: Consensus
Clerk/Se etary
10/25/2022 D 1 Page 1 of 2
MEETING DATE: October 25, 2022 PAGE 2
SUBJECT: ZONING FOR MOBILE SHOWERS
If appealed to the Planning Commission, the Commission's decision may be further appealed to the City Council. The public hearing includes notification of all property owners and occupants within 500 feet of the project site. The current fee for an MUP is $3,345.12, which covers staff time to review the application and hold a public hearing; however, the review of a mobile shower facility would not be distributed to all the divisions that would normally review a new development application. Therefore, staff estimates an approximate $1,000 cost to process a MUP for a mobile shower facility.
Staff does not recommend establishing mobile showers as a use by-right, as this use may impact surrounding businesses or properties without conditions to control its operations. Additionally, an SUP is not recommended because it triggers a higher level of review, which requires a public hearing at the Planning Commission, and is appealable to the City Council. Further, the cost of an SUP is currently $8,877.24.
Depending upon the direction provided by the City Council, staff will prepare the required code amendments and return to the City Council in a public hearing for formal review and approval.
FISCAL IMPACT: No fiscal impact is associated with the staff recommendation. Fiscal impacts will be disclosed upon consideration of a formal code amendment depending on the direction provided by the City Council.
EXHIBITS:
None
10/25/2022 D 1 Page 2 of 2
I @./
00 CITY OF VISTA C A L I F 0 R N I
DI : Zoning for Mobile
Showers
Vista City Council
October 25, 2022
CITY OF VISTA
D I : Mobile Showers
At the August 9, 2022, City Council meeting,
the City Council directed staff to evaluate
zoning designations that would be appropriate
for the establishment of mobile showers,
either by right or with a discretionary permit
CITY OF VISTA
D I : Mobile Showers
• Staff researched other jurisdictions in the region and within the State to determine best practices • Most mobile shower facilities operate as part of a nonprofit entity that provides other homeless
services, or as part of a public program funded by the city or county
CITY OF VISTA
D I : Mobile Showers
• Mobile showers are currently allowed without
further planning approvals if part of a religious institution or nonprofit entity (that provides
similar social services) if operating under an
approved special use permit
• May be permitted for temporary events on private property with a Temporary Use Permit or on public property with a Special Event Permit
CITY OF VISTA
D I : Mobile Showers
If the City Council desires to establish a new use within the zoning code for mobile showers, the following options are provided for the City Council's
consideration :
— Staff recommends establishing in the Commercial Zones (C-1, G2, C-3 and M-1 zones)
— Staff recommends allowing with a discretionary permit - minor or special use permit
CITY OF VISTA
D I : Mobile Showers
— Minor Use Permit is reviewed by the Zoning Administrator and is appealable to the Planning
Commission and City Council, fee is approximately $31400
— Special Use Permit is reviewed by the Planning Commission and is appealable to the City Council, fee is approximately $8,900
CITY OF VISTA
D I : Mobile Showers
— Because a mobile shower use is not tied to new development and would not be reviewed by all
departments, staff estimates cost to review at
approximately $1,000
— Another option would be to allow by right within the Commercial Zones; however, staff does not
recommend this due to the possibility of
unforeseen circumstances related to the use
CITY OF VISTA
D I : Mobile Showers
— Staff recommendation is to allow mobile showers within the Commercial Zones with a Minor Use
Permit, if not part of a prior approved use
— City Council may establish a different fee considering the parameters of staffs review
— Staff is requesting formal direction from the City Council to develop an appropriate zoning amendment
I @./
00 CITY OF VISTA C A L I F 0 R N I
DI : Zoning for Mobile
Showers
Vista City Council
October 25, 2022