HomeMy WebLinkAbout1161 Establishing Homeless Shelter Overlay 1
2
3 ORDINANCE NO. 1161
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE
6 OFFICIAL ZONING MAP FOR THE CITY OF UKIAH ESTABLISHING THE HOMELESS
7 SHELTER OVERLAY ZONE AND AMENDING SECTIONS 9171 AND 9172 OF THE UKIAH
8 CITY CODE
9
10 The City Council of the City of Ukiah does hereby ordain as follows:
11
12 Section One— Findings and Declarations
13
14 1. The proposed Ukiah City Code text amendment and zoning map amendment project is
15 consistent with General Plan because it implements General Plan Housing Element
16 Goal H-2.f.
17
18 2. The Project would fulfill the requirements of Senate Bill 2, requiring Cities and Counties
19 to allow a homeless shelter by right in at least one zoning designation or within a defined
20 overlay zone area.
21
22 3. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a
23 Negative Declaration according to the standards and requirements of the California
24 Environmental Quality Act (CEQA) to evaluate the potential environmental impacts of the
25 Zoning Ordinance text and zoning map amendments. The Initial Study determined that
26 the proposed project would not result in significant effects on the environment.
27
28 4. Notice of the Intent to Adopt a Negative Declaration and notice of the rezoning was
29 provided in the following manner:
30
31 ■ posted at the County Clerk on July 6, 2015
32 ■ mailed to property owners within 300 feet of the parcels included in the Project July
33 6, 2015
34 ■ published in the Ukiah Daily Journal on July 5, 2015
35 ■ posted at the Civic Center (glass case) on July 6, 2015
36 ■ posted on the City's Web site July 6, 2015
37
38 5. On August 12, 2015 the Planning Commission held a public hearing as required by the
39 Ukiah City Code to make a recommendation to the City Council for adoption of a Zoning
40 Map Amendment and associated City Code text amendments.
41
42 6. On September 2, 2015 the City Council conducted a duly noticed public hearing and
43 after receiving public testimony and conducting due deliberations, voted to: adopt
44 the Negative Declaration for Homeless Shelter Overlay zone.
45
46 Section Two
47 Pursuant to the procedures set forth in Ukiah City Code Section 9009, the Official Zoning Map
48 for the City of Ukiah is amended to include a homeless shelter overlay zone as shown in Exhibit
49 1 attached herein.
50
1 Pursuant to the procedures set forth in Ukiah City Code Section 9009, Sections 9171 and 9172
2 contained in Article 15.5 of the City Code are amended to as shown in Exhibit 2 attached herein.
3
4 Section Three
5 This amendment to the Official Zoning Map for the City of Ukiah and City Code text
6 amendments listed herein are necessary to comply with Senate Bill 2 (Cedillo, 2008)
7 establishing a location for the placement of a homeless shelter by right, with no discretionary
8 approvals.
9
10 Section Four
11 The standards for the operation of a homeless shelter will apply and were established in
12 Resolution 2001-15 adopted by the Ukiah City Council in August 2000 and/or amended from
13 time to time.
14
15 Section Five
16 On August 12, 2015 the Planning Commission held a duly noticed public hearing as required by
17 the Ukiah City Code to make a recommendation to the City Council for adoption of a Zoning
18 Map Amendment and associated City Code text amendments. The Commission voted 4-1 to
19 recommend the City Council approve the Zoning Map Amendment and City Code text
20 amendments.
21
22 Section Six
23 This ordinance shall be published as required by law in a newspaper of general circulation.
24
25 Section Seven
26
27 This ordinance shall become effective thirty (30) days after adoption.
28
29 Introduced by title only on September 2, 2015 by the following roll call vote:
30
31 AYES: Councilmembers Mulheren, Doble, Brown, Scalmanini, and Mayor Crane
32 NOES: None
33 ABSENT: None
34 ABSTAIN: None
35
36 Passed and adopted on September 16, 2015, by the following vote:
37
38 AYES: Councilmembers Mulheren, Doble, Scalmanini, and Mayor Crane
39 NOES. None
40 ABSENT: Councilmember Brown
41 ABSTAIN: None
42
43
44
45 boug C ne, Mayor
46
47
48 ATTEST:
49
50
51 K istine Lawler, City Clerk
I Exhibit 1
2 Ordinance No.
3
Parcel APN Size Zoning
002-010-11 2.64 Industrial
002-040-36 0.36 Industrial
002-040-37 0.96 Industrial
002-040-32 0.86 Industrial
002-040-38 1.07 Industrial
002-093-25 3.09 Heavy Commercial
002-093-19 2.65 Heavy Commercial
TOTAL 11.63
4
5
--�11 Legend
Overlay Zone PF I
PD-Residential
Ian M I
R3
g C2
City Limits
11
I ;
BRUSH ST.
Overla y Zone
1
"EVAti3 Srt � � r I
i ,
FORD ST -
E— E
I`..:
t Ir of
II y AfpUR I15 A AI CF,1
6 _-
co,end f U C:r moo
1 Exhibit 2
2 Ordinance No.
3
4
S Amendments shown in underline
Section Number Modification
Section Title Staff Analysis
Current:
Section 9171
Article 15.5 A. All homeless facilities in the city of Ukiah require planning commission
Homeless Facilities review and approval of a use permit, consistent with section 9262 of the zoning
code.
B. Actions by the planning commission relative to a homeless facility use permit
may be appealed to the city council consistent with subsection 9262D4 of the
zoning code.
C. Homeless facilities maybe proposed and approved in the following zoning
districts: CN (Neighborhood Commercial);C-1(General Commercial); C-2 (Heavy
Commercial/Light Industrial); PF(Public Facilities); M (Manufacturing); R-1
(Single-Family Residential); R-2(Medium Density Residential) and R-3 (High
Density Residential). (Ord. 1031, §1,adopted 2000)
Proposed Addition:
D. Homeless facilities are allowed with the homeless shelter overlay district
Current:
Section 9172
Article 15.5 A. The city council shall adopt and may,from time to time, amend use and
Homeless Facilities development guidelines for homeless facilities.
B. Such guidelines shall be adopted by resolution,which shall be made
available to any applicant seeking to construct or install a homeless facility in the
city.
C. Such guidelines shall be utilized by applicants to design and organize any
proposed homeless facility in the city.
D. Such guidelines shall be utilized by the planning commission,or city council
in its decision to approve, deny, or modify a homeless facility use permit.
E. Conditions of approval established by the planning commission, or city
council in its review and approval of any homeless facility shall be based on the
adopted homeless facility guidelines.
F. An approved homeless facility use permit may be revoked if the shelter is not
being conducted in compliance with the conditions of approval, or in violation of
any other ordinance pertaining to its operation. Revocation proceedings shall be
Section Number Modification
Section Title Staff Analysis
conducted in accordance with subsection 9262H of the zoning code. (Ord. 1031,
§1,adopted 2000)
Proposed Addition:
G. A homeless facility operating within the homeless shelter overlay zone shall
comply with Resolution 2001-15"Homeless Shelter Facility Use Development
Guidelines"as amended from time to time.
1