HomeMy WebLinkAboutAgenda Statement 1988/11/08 Item 11
.
.
.
COUNCIL AGENDA STATEMENT
I tern ..}?"" / /
Meeti ng Date 1...J.1..}f86 II h}(l
ITEM TITLE:
Public Hearing: PCM-88-21; Consideration of permanent
amendment to the Municipal Code establishing standards and
requi rements for the accessory use of churches as temporary
shelters for the homeless - City initiated
Ordinance ;J.. :z. tY 7 Adopting standards and requirements for
accessory use of churches at temporary shelters
Director of Planning C:~
SUBMITTED BY:
REVIEWED BY:
City Manager~;;~
(4/5ths Vote: Yes No X )
--
On September 13, 1988, the City Council adopted Urgency Ordinance #2285
establishing an accessory use process to facilitate the use of churches as
temporary she1 ters for the home1 esse The Council di rected staff to return
with a permanent amendment within 90 days.
This item originated last January, when the Council approved by minute action
a request by the Regional Task Force on the Homeless to allow two local
churches to participate in the Interfaith Shelter Network (ISN). The ISN
consi sts of churches throughout the regi on whi ch provi de temporary she1 ters
for the homeless during the winter months. East "host" congregation is
commi tted to provi de two weeks of shel ter and two meal s a day for up to 12
peopl e and then the program rotates to another congregati on. Other "support"
congregations assist the host church by providing help with meal preparation,
transportation and supervision.
The proposed amendment is exempt from environmental review.
RECOMMENDATION: That Council concur wi th the recommendati on of the Pl anni ng
Commission.
BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission, on October 12,
1988, voted 4-0 to recommend that the Council adopt the amendment as shown in
Exhi bit A.
DISCUSSION:
The permanent amendment is exactly the same as the urgency ordinance. It
would establish that a temporary shelter limited to 12 guests for no more than
two weeks a year shall be considered an accessory church use upon the issuance
of a zoning permit, and subject to requirements regarding supervision,
neighborhood notification, and compliance with health and safety regulations.
.
Page 2, Item .~ II jo'--
Meeting Date~ ,",/fl~~
A zoni ng permit is used by the City to certify that a specifi c 1 and use
complies with the applicable provisions of the zoning ordinance. In this case
the provisions would be the non-discretionary standards and requirements
listed in Exhibit A. The permit would also serve as a record of shelter use
in order to monitor compliance with the time limitation. There would be no
fee for the zoning permit.
The time 1 imitati on has been drafted so that the Zoni ng Admi ni strator may
grant an additional 180 days of shelter use provided there has been no
complaints from surrounding residents. Additional time may also be granted
vi a a conditi onal use permi t -- either admi ni strati vely, or upon appeal by
public hearing before the Planning Commission.
The amendment requires a recognized social service agency to pre screen
guests. Active alcohol or drug abusers as well as those with serious criminal
records or significant mental problems are excluded from the program.
Supervision is required at all times, and the host congregation is required to
certify that surrounding property owners have been notified of the proposal.
.
A floor plan with set-up is required in order to determine compliance with
health and safety codes. It is also proposed that the host congregation
submit a brief outline of the proposal in order that the City may be aware of
and respond to any citizen inquiries regarding the nature of the shelter
proposal. The outline would include the prescreening criteria and agency, the
provisions for supervision, and daily schedule.
A la-day lead time is suggested for the submission of the necessary
i nformati on and certifi cati on of noti ce. Thi s wi 11 provi de adequate time for
the required health and safety inspection, and also represents the customary
lead time for notice to surrounding residents (although in this case there is
no provision for neighborhood input or appeal except as it would relate to an
extension of the time period beyond the basic two week allowance).
Finally, a letter has been received which asks for clarification of the Zoning
Administrator1s discretion in the case of neighborhood opposition to an
extension of shelter use beyond the basic two-week period (please refer to
attached letter and item #1 on Exhibit A). In response, it is our intent that
any opposition from a neighbor in interest--either within or outside the 300
ft. noti ce area (see item #5 on Exhi bi t A )--woul d be suffi ci ent to acti vate
the conditional use permit process (see item #8 on Exhibit A), at which time
the Zoning Administrator would evaluate the substance of the opposition in
reaching a decision on the request. The Zoning Administrator's decision may
be appealed to the Planning Commission and on to the City Council if necessary.
FISCAL IMPACT: Not applicable.
. WPC 5606P
by the City Council of
Chula Vista, California
of
Chuia V1:;ta, California
Dated
~S'7
."..'~:!Oo..""'___h
I
Dated
1/
19.58.110
EXHIBIT A
Chapter 19.58
USES
Church, hospital, conval escent hospital, rel i gi ous or el eemosynary
institution.
.
Any church, hospital, convalescent hospital or other religious or eleemosynary
institution in any R zone shall be located on a collector street or thoroughfare with a
minimum parcel of one acre, shall maintain a ten-foot wide minimum landscaped strip or
solid six-foot fence or masonry wall on all property lines abutting said R zone, except
~. that said fence or wall may be reduced to three and one-half feet in a landscaped front
setback area not containing parking facilities, and shall have side yard and rear yard
setbacks of at 1 east twenty feet and a front yard setback of at 1 east twenty feet.
(Ord. 1356 ~ 1 (part), 1971: Ordin. 1212 ~ 1 (part), 1969: prior code ~ 33.901(8)(10).)
The provision of temporary shelter for the homeless in accordance with the following
standards and requirements is considered accessory to church use sUbject to the issuance
ot a zon1ng perm1t:
1. A shel ter may accommodate a maximum of 12 guests for no more than two weeks per
year. An additional 180 days may be authorized by the Zoning Adm1nistrator prov1ded no
Oppos1t10n has been expressed by surround1ng property owners or res1dents.
2. The guests shall be prescreened by a recognized social service agency to determine
resident suitability. Active alcohol or drug abusers, those convicted of a felony or
.e of violence, or those mental illness shall be excluded from the
ram. Superv1 Sl on sha- t1mes bot on-S1 te an dun ng arn va s
and departures rom t e s e
3. A floor plan and set-up of the space to be occupied shall be submitted, along with a
descri pti on of the she Iter proposal to i ncl ude the prescreem ng agency and cn teri a,
provisions for supervision, and schedule of hours and activities.
4. A post set-up inspection shall be conducted by the City in order to determine
compllance wlth appllcaoJe bUlldlng, health, safety and flre regulatlons.
5. The appl icant shall provide the City with certification that written notice of the
proposal has been given to propertles within 300 ft. of the shelter sHe. The host
congregatlon lS encouraged to hold a ne1gt1borhood meetlng to lntorm res1dents ot the
proposal and answer questions well before the commencement date.
6. The application for zoning permit, set-up plan, supplemental information and
certificatlon of notlce shall be submltted at least 10 days prior to the commencement
date.
-
7. The zoninq permit shall be subject to immediate revocation for violation of the
standards or report of nelghborhood dlsturbance.
8. Shelter
conditional
.
WPC 5490P
proposa 1 s beyond the 1 imits noted in item #1 above
uses subject to the approval of a conditional use permit.
are
considered
"
;J JP'7 ..
::5D
.
677 G ST., Sp. 26
Chula Vista, CA 92010
September 14, 1988
The Mayor and City Council
Chula Vista, CA 92010
Dear Mayor and Council Members:
Thank you for allowing me to address you during the public
hearing section of item number 13 of last evening's agenda,
subject matter being the ordinance regarding use of churches for
the homeless. I feel I had your attention and am appreciative.
.
Nevertheless, I must say I am disappointed with the results of
your deliberations on the subject ordinance. Your discussions
and final adoption of a 180 day possible extension for such use
of the churches seemed encouraging, but the ordinance is left
with the negative, if not actually threatening, clause,
"providing there has been no complaints from surrounding
residents. " How many complaints? Who is defined as
"surrounding residents?" Such clause is so nebulous that I
doubt its value. Is the Zoning Administrator to exercize sole
discretion in this matter? What are the criteria he will use to
evaluate valid complaints?
If this clause is not clarified, I fear there are likely to be
problems sooner than we want. Therefore, I hereby request that
this specific item become a matter for your reconsideration at
your earliest convenience. I would like very much to hear from
your Zoning Administrator how he would deal with this issue
without further clarification.
~~4Y:;:
W
Earl D. Biggers
Copy to:
Zoning Administrator
,
- --<
...--)C-. ~ 'I
~- m
'~r~) -0 ~)
~ 1 '"" .
~~ fT1
vir ...0
8?" '<
TI<: E:: l'T1
m- 0
-VJ
n-. .::,.:
m}> l.I
~. ~ #t (~ )
t.".
~A J
.~r~
)...t1lt/JiAv
t}~/
/f'k.-
"
I. )
./0 . v
~ I"" 7
'1 1,...--.
/
f/;;;g?
.
.
RESOLUTION NO.
PCM-88-21
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECO~1~1ENDING TO THE CITY COUNCIL THE
ADOPTION OF AN AMEND~1ENT TO SECTION 19.58.110 OF
THE r~UNICIPAL CODE RELATING TO THE ACCESSORY USE
OF CHURCHES AS TEMPORARY SHELTERS FOR THE HOMELESS
WHEREAS, on September 13, 1988, the City Counc il adopted Urgency
Ordinance #2285 establishing an accessory use process to facilitate the use of
churches as temporary shelters for the homeless, and directed staff to return
with a permanent amendment within 90 days, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said amendment and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city at
least ten days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., October 12, 1988, in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed,
and
WHEREAS, the proposed amendment is exempt from environmental review.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE
HEARING, THE PLANNING cor~~lISSION recommends the adoption of amendments to
Title 19 of the Municipal Code as shown on Exhibit A attached hereto and made
a part hereof.
That a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING CO~1MISSION OF CHULA VISTA, CALIFORNIA,
this 12th day of October 12, 1988, by the following vote, to-wit:
AYES: Commissioners Carson, Tugenberg, Casillas, and Fuller
NOES: None
ABSENT: Commissioners Shipe and Cannon (with notification) and Commissioner
Grasser (excused)
Joanne E. Carson, Chairman
ATTEST:
Ruth r~. Sml th, Secretary
.WPC 5602P/1595P
;2?f1
19.58. 11 0
EXH IBH A
Chapter 19.58
USES
Church, hospital, convalescent hospital, re1 igious or eleemosynary
institution.
.
Any church, hospital, convalescent hospital or other religious or eleemosynary
institution in any R zone shall be located on a collector street or thoroughfare with a
minimum parcel of one acre, shall maintain a ten-foot wide minimum landscaped strip or
solid six-foot fence or masonry wall on all property lines abutting said R zone, except
that said fence or wall may be reduced to three and one-half feet in a landscaped front
setback area not containing parking facilities, and shall have side yard and rear yard
setbacks of at 1 eas t twenty feet and a front yard setback of at 1 east twenty feet.
(Ord. 1356 ~ 1 (part), 1971: Ordin. 1212 ~ 1 (part), 1969: prior code ~ 33.901(B)(lO).)
The provision of temporary shelter for the homeless in accordance with the following
standards and requirements is considered accessory to church use subject to the issuance
ot a zonlng permlt:
1. A shel ter may accommodate a maximum of 12 guests for no more than two weeks per
year. An additional 180 days may be authorized by the Zoning Administrator provided no
Opposltlon has been expressed by surroundlng property owners or resldents.
3. A floor plan and set-up of the space to be occupied shall be submitted, along with a
descri pti on of the shelter proposal to 1 ncl ude the prescreem ng agency and cn ten a,
provisions for supervision, and schedule of hours and activities.
4. A post set-up inspection shall be conducted by the City in order to determine
co~pllance ~Jlth appllcable bUl Idlng, health, safety and flre regulatlons.
5. The applicant shall provide the City with certification that written notice of the
proposal has been given to properties vJithin 300 ft. of the shelter site. The host
congregatlon 1S encouraged to hold a nelgl1Dornood neetlng to lntorm resldents ot the
proposal and answer questions \'iell before the commencement date.
6. The application for zoning permit, set-up plan, supplemental information and
certlficatlon of notlce shall be submltted at least 10 days prior to the commencement
date.
-
7. The zoning permit shall be subject to immediate revocation for violation of the
standards or report of nelghborhood dlsturbance.
8. Shelter proposals beyond the limits noted in item Jl above are considered
conditional uses subject to the approval of a conditional use permit.
-. ~
\-JPC 5490P
:;J ;?- 6' 1