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| UPDATE: On July 7, the City Council voted (July 6, 2020, 10:30 p.m.) -- On July 7, city staff has agendied the first of two City Council items that would change LB's zoning code to enable (and arguably invite) various types of homeless-related facilities in various locations. The city staff sought changes include revising definitions and substantive changes that collectively would increase areas zoned to allow homeless shelters and housing-related uses with social services. The changes don't ensure such facilities will be built but allow and arguably invite such facilities. The July 7 item (and expected July 14 item) are discretionary actions. The Council doesn't have to approve the zoning code changes city staff seeks. In 2017 the Council declined to approve staff-proposed LUE maps until city staff invited serious public input on the maps (allowing for Council tweaks and amendments. The LUE maps were amended and adopted Mar. 2018); the full LUE adopted in December 2019. With the exception of two Jan. 2020 city staff conducted community meetings (scheduled in WLB and Cenrtal LB), a Feb. 2020 "study session" and April 2020 Planning Commission hearing and voted recommendations to the City Council, the July 7 and 14 Council items are the public's first opportunity to weigh-in on the neigbhborhood-impacting homeless related zoning code changes. The July 7, 2020 Council item is accompanied by this city staff memo) seeking Council approval to: City staff also asks the Council to declare that city staff's-sought homeless related zoning changes will have no significant environmental (neighborhood) impacts (approving a CEQA "Negative Declaration.") Below are details of what city staff proposes for Council approval: [Scroll down for further.] |
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[A] new umbrella term, "Interim Housing,"...encompasses a range of temporary housing including, but not limited to, emergency shelters, transitional housing, bridge housing, and supportive services. Some of the ordinance amendments eliminate or reduce the ability of residents to appeal CEQA (environmental/neighborhood) impacts of homeless-related projects. The proposed amendment expands the zoning designations within which emergency sheltersa are permitted "by-right" to include the Regional Highway Commercial (CHW) zoning district as well the Light Industrial (IL) and Medium Industrial (IM) zoning districts. In addition, the amendment allows emergency shelters with a Conditional Use Permit (CUP) within (1) Multi-family Residential (R-4-H, R-4-N, R-4-R, and R-4-U); (2) Commercial (CNR, CCR, CCN); and, 3) Institutional (I). The proposed amendment also permits emergency shelters in the General Industrial District (IG) zone with an Administrative Use Permit (AUP).
The maps note: "Emergency shelters are allowed as an accessory use to an existing religious use in all zones; Institutional zone areas developed with existing public school not shown." Regarding the vacant parcel along Los Coyotes Diagonal south of Wardlow Rd. [owned by LBCC], LBREPORT.com is aware that the LUE designates the site as a Commercial type that doesn't allow residenrtial uses. However the parcel's old underlying zoning hasn't been adjusted to match the LUE, and the parcel is curently on the books as "Institutional" with a Commercial Placetype. The 5th Council district has other "Institutional" zoned areas used by churches...and under the proposed zoning code amendments, these could could become sites for homeless related facilities. A number of 4th district areas include commercial areas that allow residential ("mixed uses") and under the proposed zoning changes could accommodate various types of homeless facilities.
The proposed amendment adds a definition for a "safe parking" use and designates certain zoning districts where it would be permitted [for those] living in their vehicle as shelter...The proposed zoning changes would allow safe parking by-right as an accessory to places of religious worship in all zoning districts and as a primary use in the IL and IM zoning districts. The use may also be allowed with the approval of an AUP in specific Commercial (CNR, CCN and CHW) and General Industrial (IG) zoning districts. Finally, it may be permitted in the Institutional (I) zoning district with a CUP...
[City staff agendizing memo text] "The proposed amendment expands the opportunity for these uses to be allowed by CUP in certain commercial zoning districts (CCP, CCR, CCN, and CHW) and by AUP within the Industrial zoning districts (IL, IM, and IG)."
[city staff agendiing memo text] "...State law mandates that the use be permitted by-right in all zones where residential uses are permitted and the zoning ordinance is consistent in this matter...[and] the proposed amendment expands the opportunity for these uses to be allowed by CUP in certain commercial zoning districts (CCP, CCR, CCN, and CHW) and by AUP within the Industrial zoning districts (IL, IM, and IG)." Map note: "Pursuant to State Law, Transitional Housing must be allowed by right in all residential zones. Map depicts expanded zoning opportunities." [City staff agendizing memo text] "...State law already mandates supportive housing be permitted by-right in all zones where residential uses are permitted and the City's zoning complies. The Planning Commission recommended expanding the opportunity for these uses to be allowed by-right within the commercial zoning districts (CNR, CCR, and CCN) and by AUP within certain industrial zoning districts (IL, IM, and IG)."
[city staff agendizing memo text] "The proposed amendment...includes showers, property storage, job counseling, mail services, animal care services, and child care, in addition to group counseling services. The change in definition will be accompanied with changes to expand and streamline the opportunities where the use may be permitted. Social service facility without food distribution would be allowed by-right in the CCN zoning district, and with an AUP in the CNP and CNR zoning districts. Social service facility with food distribution requires the approval of a CUP in the CNR and CCN zoning districts. These changes will increase the opportunity for services to be located closer to where persons experiencing housing insecurity are located.
Security for neighborhoods and neighbors? For "interim housing," the proposed zoning changes require the operator to provide "trained staff" at a level "based on the number of beds provided at the facility" which "may include" "security personnel, video cameras, fencing, restricted access points and security lighting and other measures to the satisfaction of the Police Chief and Director of Development Services." The Council's choices The Council may or may not approve city staff's desired zoning changes on July 7. The Council could do what it did regarding city staff's initially proposed LUE maps: require city staff to conduct more meaningful public outreach before bringing the matter to a Council vote. Here's how city staff describes its public outreach to date (which included a minimal legal notice in the PressTelegram and the following: ...[N]otices were sent to the California Coastal Commission, interested parties, and stakeholders. Public notice was not provided by posting at public places due to the COVID-19 pandemic. However, additional notice was provided by posting the notice to the City's Department website and also sent via the City's LinkLB system to those who subscribe to LinkLB. City staff conducted two public meetings on the zoning code changes but they don't appear to have been chosen to reach the public citywide: One of the events (Interim Housing Zoning Code Update") was held at WLB's Multi-Service Center (1301 W. 12th St., Jan. 28, 5-7 p.m.) with the other at the Mark Twain Library (1401 E. Anaheim St, Jan. 30, 5-7 p.m.) In February, city staff held a study session for the Planning Commission ahead of an April 16 Planning Commission hearing and vote on the changes (that sent the matter to the City Council.). If/when the Council acts, it will face some recent Sac'to constraints. In 2019, the state legislature enacted two bills [not opposed by the City of Long Beach] that restrict local control. AB 2162 now requires "by-right review of supportive housing on properties where multi-family and mixed uses are permitted, if the proposed housing meets specified criteria. It also requires local jurisdictions to streamline the approval process for certain qualifying projects, thereby removing the requirement for analysis under the California Environmental Quality Act (CEQA) and removing the requirement for a discretionary use permit, such as a Conditional Use Permit (CUP)." AB 101 now "requires by-right, a streamlined review of shelters in nonresidential zones that permit multifamily housing, if the shelter meets certain criteria. It also creates incentives, in the way of grants, for jurisdictions that follow State Housing Element Law and establishes penalties for jurisdictions that are not compliant."
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