Council Approves Changes To Zoning Code Text/Definitions/Allowable Uses Enabling Various Types Of Homeless-Serving Facilities In Certain Commercial, Industrial, Institutional And Mutli-Unit Residential Zones
|(July 18, 2020, 5:50 p.m.) -- On July 14, the City Council voted
The Council's July 14 vote was its second vote on the changes and legally enacted them. The July 7 and July 14 Council items were both previewed in detail in coverage by LBREPORT.com.
Mayor Garcia (presided initially before exiting); Vice Mayor Andrews (presided then exited) and ultimately Councilman Al Austin (final presiding chair) could have taken the item earlier in the Council meeting but didn't (and no Councilmember asked them to do so.) As a result, the neighborhood-impacting item didn't come up until roughly 11:36 p.m.
Councilwoman Pearce moved approval; Councilwoman Zendejas seconded the motion, and public testimony followed.
Ann Cantrell questioned whether the agendized title gave the public adequate notice of the substance of the proposed action under the Brown (open meetings) Act. [The agendized title was "Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 21.15.966, 21.15.2290, 21.15 2795, 21.15.2810, 21.15.2985, 21.15.3095, Table 31-1, Table 32-1, Table 33-2, and Table 34-1; by adding Sections 21.15.1475, 21.15.2382,21.15.2793, 21.45.153, 21.45.163, 21.51.278, 21.52.238, and 21.52.269.1; and by repealing Section 21.15.2475, all relating to interim housing, read and adopted as read."] Ms. Cantrell urged the Council to allow additional public outreach before an enactment vote, to give the public a better opportunity to learn the proposal's details.
Corliss Lee (founder of the Eastside Voice likewise urged additional public outreach.
Public testimony in email comments was overwhelmingly opposed.
LBREPORT.com includes emailed/"e-comments" not publicly heard at the Council meeting (because the City Council has declined to direct the City Clerk to read the emailed comments aloud. LBUSD and other government bodies read emailed testimony aloud.) LBREPORT.com includes this "silenced" public testimony as part of our coverage of this story.)
[Scroll down for further.]
The above ad space donated by LBREPORT.com
Richard Noble: Item 26 is a backhanded attempt to reintroduce the LUE. Here it is on the docket without any public outreach. I oppose this matter as presented by the City
City staff's materials noted that state law required some of the changes, but LBREPORT.com notes that many of the LB neighborhood impacting details, including the types, extent and allowable locations, were discretionary; a Council majority could have tweaked, amended, changed or modified some of them...but the Council approved them as proposed by city staff.
The changes are indicated below:
Interim Housing will become a sweeping definition encompassing all uses involving temporary sleeping accommodations. It includes emergency shelters, transitional housing, bridge housing, and safe parking sites detailed below.
Emergency Shelters include kitchens and property storage. They'll be allowed "by-right" in the Regional Highway Commercial (CHW) zone as well the Light Industrial (IL) and Medium Industrial (IM) zones. In addition, they'll also now be allowed with a Conditional UJse 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); 3) Institutional (I) and with an "Administrative Use Permit" in the General Industrial District (IG) zone.
Those new areas are shown on the maps below:
Emergency Shelters are currently allowed as an accessory use to an existing religious use in all zones (Institutional zone areas with existing public schools aren't shown on the maps.)
Regarding the vacant ELB parcel along Los Coyotes Diagonal south of Wardlow Rd. [owned by LBCC], the newly approved Land Use Element (LUE) designates the site as a Commercial type that doesn't allow residential uses. However the parcel's underlying zoning hasn't been adjusted yet to match the LUE, and the parcel is currently "Institutional" with a Commercial Placetype.
Social service facility without food distribution will be allowed by-right in the CCN zone and with an AUP in the CNP and CNR zones districts.
Social service facility with food distribution could be allowed with a CUP (conditional use permit) in the CNR and CCN zones. ("These changes will increase the opportunity for services to be located closer to where persons experiencing housing insecurity are located.
Transitional Housing could be allowed with a CUP (conditional use permit) in commercial zones CCP, CCR, CCN, and CHW and with an AUP (administrative use permit) in Industrial zones IL, IM, and IG. City staff says state law mandates allowing Transitional Housing by-right in all zones where residential uses are permitted (and LB's zoning ordinance is consistent on this.) "Map depicts expanded zoning opportunities." Transitional Housing would also no longer have minimum lengths of stay and could allow stays of up to 24 months.
Prior Public Outreach?
City staff says it held a "focus group with external stakeholders" on Oct. 28, 2019, followed by two "open houses" on the proposal (one at WLB's Multi Service Center (Jan 28) and another at Central LB's Ain Library (Jan. 30.) Staff held a "study session" for LB's Planning Commission (Feb. 20, 2020) after which the Mayor-chosen/non-elected body voted on April 16, 2020 to advance the proposal to the City Council.
The Council's choices
A Council majority could have amended, tweaked or change some of city staff's proposed zoning changes; instead. the Council voted to approve staff's desired changes as proposed.
The Council faced some Sac'to constraints. In 2019 (without opposition by the City of LB) the state legislature enacted two bills that limit local control.
AB 2162 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" approval for certain qualifying projects by removing required California Environmental Quality Act (CEQA) analysis and removing the requirement for a discretionary use permit, such as a Conditional Use Permit (CUP)."
AB 101 requires by-right "streamlined" review of shelters in non-residential 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 don't comply.
blog comments powered by Disqus
Recommend LBREPORT.com to your Facebook friends:
Follow LBReport.com with:
Contact us: mail@LBReport.com