ACTION:
____________________________
Clerk/Secretary
Department: Community Development
Prepared by: John Conley, Director
Approved by: Amanda Lee, Acting City Manager
Item No: PH 2
Meeting Date: February 14, 2023
Agenda Location: Public Hearing
SUBJECT: DEVELOPMENT CODE AMENDMENTS RELATED TO MOBILE SHOWERS AND MOBILE
LAUNDRY SERVICES
RECOMMENDATION:
1.Open, conduct, and close a public hearing to receive testimony regarding the proposed amendments to the Development Code (P22-0411).
2.Introduce and adopt Ordinance No. 2023- , amending chapters 18.38, 18.40, 18.42 and 18.44 of the Vista Development Code related to mobile showers and mobile laundry services.
CORRELATION TO CITY COUNCIL GOALS: (1) Homelessness and Housing PRIOR ACTION: On October 25, 2022, the City Council discussed possible zoning designations for the allowance of mobile showers and provided direction to staff to draft an and include mobile laundry facilities (No vote, consensus).
PRIOR PLANNING COMMISSION ACTION: On January 17, 2023, the Planning Commission adopted Resolution No. 2023-04, recommending City Council approval of an ordinance amending chapters 18.42 and 18.44 of the Vista Development Code related to mobile showers and mobile laundry services (Vote: 5- 0, Hastings and Savage absent).
STATEMENT ON THE SUBJECT: On October 25, 2022, the City Council discussed zoning for mobile showers and directed staff to prepare a zoning code amendment to allow mobile showers and mobile laundry services within the commercial zones (C-1, C-2, C-3, and M-1) with a Minor Use Permit (MUP).
These facilities are typically provided on trailers or within box trucks or semi-trailers and can be moved onsite or offsite in a short period of time, to accommodate a specific need. The MUP process for these uses would require no fee, would include evaluation of the proposed location, and evaluation of operating characteristics to minimize potential impacts to surrounding properties.
Project Description. The proposed project amends Chapter 18.38, the C-1 Zone, Chapter 18.40, the C-2 Zone, Chapter 18.42, the C-3 Zone, and Chapter 18.44, the M-1 Zone within the Vista Development Code to permit mobile showers and mobile laundry services with a Minor Use Permit. The proposed amendments would add “mobile showers” and “mobile laundry services” categories to the list of minor uses in each of these zones, as well as specify that these uses would be permissible outdoors within these zones, with approval of a MUP.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/14/2023 PH2 1 of 6
Approved above recommendation, introduced and adopted City Council Ordinance No. 2023-5, including a change to the City’s Fee schedule to be updated to reflect that there would be no fee for a nonprofit (501(c)(3) organization) to process a minor use permit for “mobile showers” or “mobile laundry services". Vote: 5-0
MEETING DATE: February 14, 2023
PAGE 2
SUBJECT: DEVELOPMENT CODE AMENDMENTS RELATED TO MOBILE SHOWERS AND MOBILE
LAUNDRY SERVICES
The proposed Development Code amendments are included in the recommended City Council Ordinance and are attached as Exhibit 1.
Staff Review. The proposed amendments would permit mobile shower and mobile laundry service land uses with a MUP in the commercial zones, defined as the C-1, C-2, C-3, and M-1 zones, per the City Council's direction. The City of Vista Zoning Map is attached as Exhibit 2 for reference. The amendments would further clarify that such land uses would be permissible outdoors with approval of a MUP. The MUP process would enable the review of each application to consider specifics of the proposed use, including the appropriateness of the location, operating characteristics, time of use, and other applicable parameters. Conditions of approval are applied through the MUP process to establish operational and site-specific requirements for the intended use. A MUP is reviewed by the Zoning Administrator and is appealable to the Planning Commission and ultimately to the City Council.
While there are no goals or policies specific to mobile showers and/or mobile laundry services in the General Plan, there are goals in the Healthy Vista (HV) Element that support the health and well-being of all residents of the City, as well as the provision of adequate access to healthcare services to support the community, HV Goal 1 and HV Goal 3. The proposed Development Code amendments would be consistent with these General Plan goals.
Planning Commission Recommendation. The Planning Commission acts in an advisory capacity to the City Council regarding amendments to the Development Code. The Planning Commission reviewed the proposed Development Code amendments on January 17, 2023, and recommended limiting the zoning for mobile showers and mobile laundry facilities to the C-3 and M-1 zones only. The Planning Commission expressed concerns related to possible unintended consequences of allowing these mobile uses in the commercial retail zones.
FISCAL IMPACT: Any application for MUP for these uses would be at no charge and, therefore, staff time processing such requests would not be recovered. The application fee for a minor use permit is currently $3,345.12.
EXHIBITS:
1. City Council Ordinance No. 2023- , amending chapters 18.38, 18.40, 18.42 and 18.44 of the Vista Development Code related to mobile showers and mobile laundry services
2. City of Vista Zoning Map
02/14/2023 PH2 2 of 6
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTERS 18.38, 18.40, 18.42 AND 18.44
OF THE VISTA DEVELOPMENT CODE RELATED TO MOBILE SHOWERS
AND MOBILE LAUNDRY SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.
B. The City intends to amend Chapter 18.38, the C-1 Zone, Chapter 18.40, the C-2 Zone, Chapter 18.42, the C-3 Zone, and Chapter 18.44, the M-1 Zone, of the Development Code to permit "mobile showers" and "mobile laundry services" with a minor use permit.
C. The proposed Development Code amendments would be consistent with the General Plan Healthy Vista Element, Goals HV 1 and HV 3.
D. The proposed amendments to the Development Code would permit certain new land uses subject to further discretionary approval and, therefore, are exempt pursuant to CEQA Guidelines Section 15061(b)(3), the "Common Sense" exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment. Any potential environmental impacts from said new land uses would be evaluated as part of the required discretionary review process.
2. Code Amendment.
A. Section 18.38.030, Minor Uses, is amended to add categories K and L, as follows:
"K. Mobile showers
L. Mobile laundry services"
B. Section 18.38.050, Limitations on Use, subsection A, is amended to add categories 7 and 8, as follows:
7. Mobile showers
8. Mobile laundry services"
C. The categories following category 8 in Section 18.38.050.A shall be renumbered to the corresponding numeric order.
D. Section 18.40.030, Enclosed Building Required — Exceptions, is amended to add categories F and G, as follows:
"F. Mobile showers
G. Mobile laundry services"
EXHIBIT 1
02/14/2023 PH2 3 of 6
ORDINANCE NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
E. Section 18.40.040, Minor Uses, is amended to add categories H and I, as follows:
"H. Mobile showers
I. Mobile laundry services"
F. Section 18.42.030, Minor Uses, is amended to add categories J and K, as follows:
"J. Mobile showers
K. Mobile laundry services"
G. Section 18.42.070, Limitations on Use, Subsection A, is amended to read as follows:
"A. Except for the uses specified in Section 18.42.030 (J) and (K), all activities other than incidental storage shall be conducted wholly within a completely enclosed building." H. Section 18.44.030, Minor Uses, is amended to add categories I and J as follows:
"I. Mobile showers
J. Mobile laundry services"
I. Section 18.44.090, Limitations on Permitted Uses, is amended to read as follows:
"Except for the uses specified in Section 18.44.030 (1) and (J), every use permitted in an M-1 zone shall be subject to the following conditions and limitations:
A. All operations shall be conducted entirely within an enclosed building; B. A planting strip at least ten feet wide shall be provided along each abutting street, public space or property in any residential zone, except for necessary ways of ingress and egress."
J. The City's Fee schedule shall be updated to reflect that there would be no fee to process a minor use permit for"mobile showers" or "mobile laundry services."
3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.
02/14/2023 PH2 4 of 6
ORDINANCE NO. 2023-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on February , 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
JOHN FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:
WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Amanda L.Guy
20230206102338
02/14/2023 PH2 5 of 6
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CITY- OF VISTA ,C A L I F 0 P F I A PH2 : Mobile Showers and Laundry Facilities
Development Code Amendments
Planning Case No. P22-0411 — City of Vista
City Council Public Hearing
February 14, 2023
CITY PH2 : Mobile Showers
• On October 25, 20221 the City Council discussed mobile showers and directed staff to prepare amendments to the Development Code to allow mobile showers and mobile laundry facilities within the commercial zones with a minor use permit
• Staff has prepared the corresponding amendments to the Development Code, specifically for the C-11 C-20 C-3 and M-1 zones
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PH2 : Mobile Showers
CITY OF VISTA
Proposed Development Code Amendments:
• 18.38 (C-1 Zone), 18.40 (C-2 Zone), 18.42 (C-3 Zone) and 18.44 (M-1 Zone) : amends the list of minor uses in each zone to permit mobile showers and mobile laundry facilities with a minor use permit ( MUP)
• Mobile showers and mobile laundry facilities are already permitted on existing religious institution or nonprofit sites where comparable homeless services are provided
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CITY PH2 : Mobile Showers
Staff Review:
• Amendments follow the City Council's recommendations • Permits these uses subject to discretionary review under the MUP process, there would be no fee for these particular uses • Enables approval with conditions pertaining to location and use of facilities
• Compliant with General Plan policies related to the provision of homeless services
CITY PH2 : Mobile Showers
• Development Code Amendments are subject to approval of the City Council following a formal recommendation from the Planning Commission
• The Planning Commission reviewed the staff recommendation on January 17, 2023, and recommended permitting these uses with MUP only in the C-3 and M-1 zones
CITY PH2 : Mobile Showers
Staff Recommendation :
• Introduce and adopt Resolution No. 2023- , amending chapters
18.38, 18.40, 18.42, and 18.44 of the Development Code related to mobile showers and mobile laundry services
CITY- OF VISTA ,C A L I F 0 P F I A PH2 : Mobile Showers and Laundry Facilities
Development Code Amendments
Planning Case No. P22-0411 — City of Vista
City Council Public Hearing
February 14, 2023