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HomeMy WebLinkAbout1183 - Urgency Ordinance for 2017 Winter Shelter ORDINANCE NO. 1183 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 9171 IN DIVISION 9, CHAPTER 2 OF THE UKIAH CITY CODE REGARDING OPERATION OF THE INLAND EMERGENCY SHELTER DURING THE WINTER OF 2017-2018 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 9171 of the Ukiah City Code is hereby amended to read as follows. §9171 USE PERMIT REQUIRED A. All homeless facilities in the City of Ukiah require Planning Commission review and approval of a use permit, consistent with section 9262 of this code. However, for a six month period starting from the first day of operations, the 2017-2018 Inland Emergency Winter Shelter shall be operated at 1045 South State Street in Ukiah without the requirement of a use permit reviewed and approved by the Planning Commission, provided that the Shelter is operated in substantial conformance with the conditions imposed in Permit 2235 UP-PC issued for the 2016-2017 Inland Valley Emergency Winter Shelter. 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 this code. C. Homeless facilities may be 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). D. Homeless facilities are allowed within the Homeless Shelter Overlay District. SECTION TWO. URGENCY ORDINANCE This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows: 1. The site proposed for the 2017-2018 Inland Emergency Winter Shelter, 1045 South State Street in Ukiah, was previously approved through the Use Permit process for the 2016-17 1 Inland Valley Emergency Winter Shelter, pursuant to which the Planning Commission issued conditions of approval. 2. The site proposed for the 2017-2018 Inland Emergency Winter Shelter has already been approved for a year-round community center and seasonal winter shelter pursuant to a decision made by the Planning Commission and affirmed by the City Council, both after a public hearing. 3. The approval process for the Use Permit for the site started in July, but was extended due to the appeal of the use permit for the year-round community center to be operated by Redwood Community Services, as well as due to scheduling conflicts, thereby pushing their entitlements into the cold-weather season. 4. Due to the aforementioned delays, the cold-weather season is fast approaching and may arrive before the project applicant can satisfy the conditions of the Use Permit that must be completed before a winter shelter can be operated at the site. 5. The 2016-2017 Inland Valley Emergency Winter Shelter served 203 different individuals more than half of whom claimed to have mental and/or physical disabilities that make their health and safety particularly vulnerable. 6. Given the high proportion of homeless residents of the Ukiah area whose health and safety may be at great risk if they cannot obtain shelter during the cold-weather season, and given that there are no other homeless shelters in the Ukiah area that allow overnight stays, it is essential that this ordinance be adopted as an urgency ordinance to allow the 2017-2018 Inland Emergency Winter Shelter to open on a timely basis and to protect the public health, safety and welfare. SECTION THREE. FINDINGS. CITY COUNCIL AUTHORITY TO ADOPT ORDINANCE. 1. This Ordinance deals with the necessity of issuance of a discretionary permit to operate a large homeless shelter in a Cl zone. 2. Pursuant to the current City Code, use permits are required to operate any homeless facility, which may be proposed and approved in the following zoning districts: CN, C-1, C-2, PF, M, R-1, R-2, and R-3 districts. 3. By allowing the 2017-2018 Inland Emergency Winter Shelter to operate for six months at 1045 South State Street in Ukiah without an approved use permit in a C-1 zone, provided that the shelter substantially conforms with the conditions of approval for Use Permit 2235 UP-PC, this Ordinance temporarily converts a particular homeless facility from a permitted use to an allowed use in the C-1 zone. 4. California Government Code § 65853 states that a zoning ordinance or an amendment to a zoning ordinance, in which the ordinance or amendment changes any property from one zone to another or imposes, removes, or modifies any regulation listed in Government Code § 65850, must be subject to a public hearing and recommendations by the Planning Commission prior to introduction of the ordinance by the City Council. 5. The regulations listed in Government Code § 65850 are as follows: 2 (a) Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. (b) Regulate signs and billboards. (c) Regulate all of the following: (1) The location, height, bulk, number of stories, and size of buildings and structures. (2) The size and use of lots, yards, courts, and other open spaces. (3) The percentage of a lot which may be occupied by a building or structure. (4) The intensity of land use. (d) Establish requirements for off-street parking and loading. (e) Establish and maintain building setback lines. (f) Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts. 6. Because the proposed Ordinance does not change the site proposed for the 2017-2018 Inland Emergency Winter Shelter from one zoning designation to another, nor does it regulate (1) the use of buildings between certain general categories of use; (2) the location, height, bulk, number of stories, and size of buildings; (3) the percentage of a lot that may be occupied by a building; (4)the intensity of land use; nor(5) any other category of regulation enumerated in Government Code §65850, the introduction and adoption of this Ordinance does not first require a public hearing before and recommendations from the Planning Commission. SECTION FOUR 1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because there is no possibility that it may have a significant effect on the environment. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced and Adopted on November 1, 2017, by the following roll call vote: AYES: Councilmembers Scalmanini, Crane, Mulheren, Doble, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Jim Brown, Mayor AT 'EST: M(fr t Kristin Lawler, City Clerk 3