City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council introduce a proposed ordinance (Attachment No.
1) approving Zoning Code Amendments, ZCA P-2012006 and ZCA P-2012040.
PROCEDURE:
1. Mayor seeks motion to receive and file affidavit of mailing and posting of public
notice.
2. Mayor seeks motion to declare the public hearing open and calls on staff for a
brief staff report and City Council poses questions to staff as desired. (As the City
is the applicant in this case, the staff report will also serve as the applicant’s
presentation and shall be made after the public hearing has been opened.)
3. City Council receives comments from the general public.
4. Mayor seeks a motion to close the public hearing after all testimony has been
presented.
5. City Council discusses the matter and arrives at its decision.
Meeting Date: 7/22/2013 Item Number: PH-2
AGENDA ITEM: PUBLIC HEARING - Introduction of an Ordinance - Housing
Element Related Zoning Code Text Amendments: ZCA P-2012006 Affecting
Emergency Shelters, Transitional Housing, and Supportive Housing; and Zoning
Code Amendment, ZCA P-2012040 Affecting Single Room Occupancy Housing,
Reasonable Accommodations, and Definition of Family.
Contact Person/Dept.:
Thomas Gorham, CDD
Jose Mendivil, CDD
Phone Number:
(310) 253-5710
(310) 253-5757
Fiscal Impact: Yes [] No [] General Fund: Yes [] No [X]
Public Hearing: [X ] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: 02/22/12 and 02/13/13
Public Notification: Notice Published in the Culver City News (7/4/13); Meetings and
Agendas – City Council (07/16/13).
Department Approval:
Sol Blumenfeld (07/10/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/16/13)
Fiscal Impact Review:
Jeff Muir (by M. Noller) (07/16/13)
City Manager Approval:
John Nachbar: (07/16/13) City of Culver City, California
Agenda Item Report
BACKGROUND:
California State Law requires cities and counties to provide procedures and
standards that allow various types of housing options with the objective of providing
affordable housing for persons with special needs. Persons with special needs
include those in residential care facilities, persons with disabilities, persons needing
emergency shelters or transitional or supportive housing, and those living in single
room occupancy (SRO) units. Culver City’s Zoning Code provides procedures for
residential care facilities, but needs to be updated to more appropriately address
persons with disabilities, persons needing emergency shelters or transitional or
supportive housing, and those living in SRO units.
With the goal of addressing these housing issues, the Housing Element for 2008-
2014 of the Culver City General Plan (Housing Element) was adopted by the City
Council on June 10, 2010 and certified by the State of California’s Department of
Housing and Community Development (HCD) on August 11, 2010. The Housing
Element includes the following measures to propose amendments to the Zoning
Code:
• Include reference to and procedures for SRO’s (Measure 2K)
• Incorporate State requirements for emergency shelters, transitional housing
and supportive housing (Measure 2L)
• Provide for a definition of family (Measure 2M) that is consistent with fair
housing law
• Provide reasonable accommodation procedures for persons with disabilities
(Measure 2N)
DISCUSSION:
Emergency Shelters and Transitional and Supportive Housing
On February 22, 2012, the Planning Commission adopted a resolution
recommending to the City Council approval of Zoning Code Amendment ZCA P-
2012006 amending provisions of the Zoning Code that address Measure 2L –
emergency shelters and transitional and supportive housing.
SROs and Reasonable Accommodation
On February 13, 2013, the Planning Commission adopted a resolution
recommending to the City Council approval of Zoning Code Amendment ZCA P-
2012040 amending provisions of the Zoning Code that address Measure 2K – Single City of Culver City, California
Agenda Item Report
Room Occupancy (SRO) Units and Measure 2N - Reasonable Accommodation
Procedures.
Definition of Family
The Planning Commission did not provide a recommendation for Measure 2M -
Definition of “Family” – because at both Planning Commission meetings the
Commission could not reach consensus on staff recommended definitions.
State law requires that there be no distinction in the definition of family between
related or unrelated people. Ideally, the definition should include one or more
persons, related or unrelated, living together in a dwelling unit, with common access
to, and common use of all living, kitchen, and eating areas within a dwelling unit,
including the joint use of common areas of the premises which they occupy.
Staff presented definitions consistent with State law at both Planning Commission
meetings. However, the Planning Commission felt the proposed definitions were too
broad and could invite an abuse of residential development standards (such as
establishment of boarding houses without proper review). In addition, the Planning
Commission had concerns and divergent views on the following issues: equal
treatment of related and unrelated people functioning as a household; married vs.
unmarried; permanent vs. non-transient; the functional equivalent of traditional
families; criteria that applies to traditional families; transactional living arrangement;
intent of the living arrangement; concern that one person does not constitute a family;
and concern with having an unlimited number of people considered a family.
The Planning Commission could not reach a consensus and at this time has no
recommendation for Housing Element Measure 2M - Definition of “Family.”
Consequently, the City is deferring taking action on the definition of Family and will
revisit the matter this fall as part of the Planning Commission and City Council review
of the Housing Element update. The City’s final determination on the definition of
family will be included in the updated Housing Element that will be sent to the State
after adoption by the City Council (expected in early 2014).
Please see Attachment Nos. 2 through 9 for a detailed review of the proposed text
amendments.
ENVIRONMENTAL DETERMINATION:
Pursuant to Sections 15162 and 15168 of the California Environmental Quality Act
(CEQA), ZCA P-2012006 and ZCA P-2012040 are within the scope of the Culver City
General Plan Update Program EIR approved on September 24, 1996 (PEIR 1), the
Culver City Redevelopment Plan Amendment and Merger Program Subsequent EIR City of Culver City, California
Agenda Item Report
approved on November 16, 1998 (PEIR 2), and the Negative Declaration approved
on June 7, 2010 for the 2008-2014 Housing Element Update. The circumstances
under which PEIR 1, PEIR 2, and the Negative Declaration were prepared have not
significantly changed and no new significant information has been found that would
impact PEIR 1, PEIR 2, and/or the Negative Declaration. Therefore no new
environmental analysis is required.
CONCLUSION:
Consistent with State Law and the Culver City Adopted and State certified Housing
Element, staff recommends the City Council introduce an ordinance adopting the
proposed amendments as shown in Attachment No. 1 - Proposed Ordinance and
Exhibit A - Proposed Text Changes. Adoption of the proposed Zoning Code
Amendments is an important step toward maintaining compliance with State Housing
Law and preventing potential challenges to the Housing Element now and during the
next Housing Element review cycle (set to begin in October of 2013 through October
of 2014).
FISCAL IMPACT:
Introduction of the proposed Ordinance will not create a fiscal impact.
ATTACHMENTS:
1. Proposed Ordinance and Exhibit A - Proposed Text Changes ZCA P-2012006
and Exhibit B - Proposed Text Changes ZCA P-2012040
2. Planning Commission Resolution No 2012-P004, Approving ZCA P-2012006.
3. Planning Commission Resolution No 2013-P001, Approving ZCA P-2012040.
4. Planning Commission February 22, 2012 Staff Report (without attachments).
5. Planning Commission February 13, 2013 Staff Report (without attachments).
6. February 22, 2012 Planning Commission Meeting Minutes
7. February 13, 2013 Planning Commission Meeting Minutes
8. Excerpt from Housing Element - Chapter V, Housing Programs.
9. State of California Office of the Attorney General May 15, 2001, letter to
California Mayors on Reasonable Accommodations.
MOTION:
That the City Council:
Introduce the proposed Ordinance approving Zoning Code Amendments, ZCA P-
2012006 and ZCA P-2012040.
MEETING DATE: 07.22.13
AGENDA ITEM: Housing Element Related Zoning Code Text Amendments:
ZCA P-2012006 Affecting Emergency Shelters, Transitional
Housing, and Supportive Housing; and Zoning Code
Amendment, ZCA P-2012040 Affecting Single Room
Occupancy Housing, Reasonable Accommodations, and
Definition of Family.
ATTACHMENTS
Pages
1. Proposed Ordinance and Exhibit A – Proposed
Text Changes 1 - 33
2. Planning Commission Resolution No 2012-P004,
Approving ZCA P-2012006 34 - 37
3. Planning Commission Resolution No 2013-P001,
Approving ZCA P-2012040 38 - 41
4. Planning Commission February 22, 2012 Staff Report
(without attachments) 42 - 50
5. Planning Commission February 13, 2013 Staff Report
(without attachments) 51 - 59
6. February 22, 2012 Planning Commission Meeting Minutes 60 - 65
7. February 13, 2013 Planning Commission Meeting Minutes 66 - 70
8. Excerpt from Housing Element - Chapter V, Housing
Programs 71 - 80
9. State of California Office of the Attorney General
May 15, 2001, letter to California Mayors on Reasonable
Accommodations 81 - 84 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 ATTACHMENT 1 Exhibit A
Zoning Code Amendment ZCA P-2012006
P Permitted Use
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
- Use not allowed
R1 R2 R3 RLD RMD RHD
Public recreational and cultural facilities P P P P P P
Private residential recreational facilities - - - P P P
Religious places of worship CUP CUP CUP CUP CUP CUP
Public Schools - Kindergarten to 12th grade (2) P P P P P P
Private Schools - Kindergarten to 12th grade (2) CUP(3) CUP(3) CUP(3) CUP CUP CUP
RE SIDE NTIAL
Accessory dwelling units AUP AUP AUP - - - 17.400.095
Accessory residential structures and uses P P P P P P 17.400.100
Duplex - P P P P P
Home occupations P P P P P P 17.400.055
Multiple-family dwellings - - - P P P 17.400.105
Residential care facility, 6 or fewer clients P P P P P P
Residential care facility, 7 or more clients CUP(4) CUP(4) CUP(4) CUP CUP CUP
Senior citizen congregate care housing - - - CUP CUP CUP
Single-family dwellings P P P P P P
Supportive Housing, 6 or fewer residents (6) P P P P P P
Supportive Housing, 7 or more residents CUP(4) CUP(4) CUP(4) CUP CUP CUP
Transitional Housing (6) P P P P P P
Triplex - - P P P P
SE RVICE
Adult day care facilities CUP CUP CUP CUP CUP CUP
Child day care centers - - - CUP CUP CUP 17.400.035
Child day care, Large family day care homes AUP AUP AUP AUP AUP AUP 17.400.035
Child day care, Small family day care homes P P P P P P 17.400.035
Public utility or safety facilities CUP CUP CUP CUP CUP CUP
TRANSPORTATION & COMMUNICATIONS
Pipelines and utility lines (underground) P P P P P P
Telecommunications facilities, cellular (5) CUP CUP CUP CUP CUP CUP 17.400.110
Telecommunications facilities, dish antennas 17.400.110
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) Use only allowed on a site designated for such use by the General Plan.
(3) Use only allowed on a site declared surplus by the Culver City Unified School District.
(4) Use only allowed on a site of 5 acres or more.
(5) Use only allowed on a site owned and controlled by the City or other governmental agency.
(6) Use is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
See Section 17.400.110 for permit requirements
RE CRE ATION, E DUCATION, & PUBLIC ASSE MBLY
See Specific Use
Regulations:
TABLE 2-2
Allowed Uses and Permit Requirements
for Residential Zoning Districts
LAND USE (1)
PE RMIT RE QUIRE ME NT BY DISTRICT
ATTACHMENT 1
7Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
CN CG CC CD CRR CRB
INDUSTRY, MANUFACTURING & PROCE SSING
Cosmetic product manufacturing - - - - - P
Electronics and equipment manufacturing - - - - - P
Fabric products manufacturing - - - - - P
Handcraft industries - - - - - P
Media production - Indoor support facilities - P - - - P
Media production - Soundstages - - - - - P
Printing and publishing - P P - P P
Recycling facility - Incidental small collection - P P - - P 17.400.090
Recycling facility - Small collection - AUP AUP - - AUP 17.400.090
Research and development (R&D) - - - - - P
Warehousing and distribution facilities - - - - - P(2)
RE CRE ATION, E DUCATION & PUBLIC ASSE MBLY
Arcade - AUP AUP P(3) AUP -
Clubs, lodges, and private meeting halls - P P P(4) - P
Health/fitness facilities - P P P(4) P P
Indoor amusement/entertainment facilities - P P P P -
Outdoor commercial recreation - CUP CUP - CUP CUP
Public recreational and cultural facilities P P P P P P
Public Schools P P P P P P
Private Schools (5) CUP CUP CUP CUP - CUP
Religious places of worship CUP P P - - P
Studios - Art, dance, music, photography, etc. P P P P P P
Theaters P P P P P P
RE SIDE NTIAL
Emergency shelters CUP CUP CUP - - -
Home occupations P P P P - - 17.400.055
Live/work units P P P P - - 17.400.060
Mixed use projects P P P P - - 17.400.065
Residential care facilities, 6 or fewer clients P P P P - -
Residential care facilities, 7 or more clients CUP CUP CUP - - -
Senior citizen congregate care housing CUP CUP CUP - - -
Supportive Housing, 6 or fewer residents (7)(8) P P P P - -
Supportive Housing, 7 or more residents (8) CUP CUP CUP CUP - -
Transitional Housing (7)(8) P P P P - -
RE TAIL TRADE
Accessory food service P P P P P P
Accessory retail uses P P P P P P
Adult businesses (6) - P P - - -
Artisan shops P P P P P P
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) 10,000 sf maximum floor area.
(3) Up to 10 amusement devices are allowed in conjuction with a multiplex movie theater subject to Section 17.230.030
(4) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements).
(5) AUP required for schools up to 1,500 square feet in area.
(6) Use only allowed subject to approval of an Adult Use Development Permit (See CCMC Chapter 11.13).
(7) Use is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(8) Use only allowed as part of a mixed use project
TABLE 2-5
Allowed Uses and Permit Requirements
for Commercial Zoning Districts
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use
Regulations:
ATTACHMENT 1
8Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
CN CG CC CD CRR CRB
RE TAIL TRADE (cont.)
Auto and vehicle sales/rental (2) - P P - AUP -
Auto parts sales, retail P P P - P P
Bars, night clubs (3) - CUP CUP CUP CUP CUP
Building material stores - P P - P -
Convenience stores (3) P P P - P P
Firearms sales - CUP CUP - CUP CUP
General retail stores (3) P P P P P P
Internet Cafe AUP P P P P P
Mobile home and RV sales - CUP - - - CUP
Outdoor retail sales and display (4) AUP AUP AUP AUP AUP AUP 17.400.075
Pawnshops - CUP - - - - 17.400.085
Pet Shop P P P P P(5) P
Plant nurseries, retail P P P P P P 17.400.080
Restaurants, counter service (3) AUP P P P P P
Restaurants, table service (3) P P P P P P
Restaurants, outdoor dining (3) AUP AUP AUP AUP AUP AUP 17.400.070
Second hand stores P P - - - -
Shopping center P P P - P -
Warehouse retail stores - - - - CUP -
SE RVICE
Adult day care facilities CUP CUP CUP - - CUP
Automated teller machines (ATMs) P P P P P P 17.400.025
Banks and financial services P P P P P P
Business and consumer support services P P P P(6) P P
Catering services P P P P(6) P P
Check cashing businesses - CUP CUP - CUP CUP 17.400.030
Child day care centers CUP CUP CUP CUP - CUP
Child day care, Large family day care homes AUP AUP - - - - 17.400.035
Child day care, Small family day care homes P P - - - -
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) Auto sales establishments selling used vehicles exclusively are subject to approval of a Conditional Use
Permit (see Chapter 17.530).
(3) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015
(4) Ancillary to a primary retail use.
(5) Only one pet shop shall be permitted within any one shopping center. The tenant space shall be located so as to
share no more than one common wall with any other tenant.
(6) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements)
Continues on next page.
TABLE 2-5
Allowed Uses and Permit Requirements
for Commercial Zoning Districts
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use
Regulations:
ATTACHMENT 1
9Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
CN CG CC CD CRR CRB
SE RVICE (cont.)
Construction contractors, no outdoor storage P P P - - P
Drive-thru facilities or services - CUP CUP - CUP CUP 17.400.045
Emergency shelters CUP CUP CUP - - - 17.400.046
Hotels and motels P P P P(2) P P
Medical services - Office/Clinics P P P P(2) P P
Medical services - Labs - P P P(2) P P
Medical services - Hospitals - P P P - P
Mortuaries - P P - P
Offices P P P P(2) P P
Personal services P P P P(2) P P
Pet day care - AUP AUP - AUP(3) AUP 17.400.020
Public safety facilities P P P P(2) P P
Public utility facilities CUP CUP CUP - CUP CUP
Storage, Outdoor AUP AUP AUP - AUP AUP 17.400.080
Vehicle services - Accessories installation - P - - P P 17.400.125
Vehicle services - Car washes CUP CUP CUP - CUP CUP
Vehicle services - Fueling stations CUP P P - P P 17.400.120
Vehicle services - Fueling, incidental repair, CUP CUP CUP - CUP CUP 17.400.125
Vehicle services - Maintenance/repair - CUP CUP - - CUP 17.400.125
Vehicle services - Towing, no storage - P P - - P 17.400.125
Veterinary clinics and animal hospitals - AUP AUP - AUP(3) AUP 17.400.020
TRANSPORTATION & COMMUNICATIONS
Broadcast studios - P P P - P
Parking facilities P P P P P P
Pipelines and utility lines (underground) P P P P P P
Telecommunications facilities, cellular AUP AUP AUP AUP AUP AUP 17.400.110
Telecommunications facilities, dish antennas 17.400.110
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements).
(3) Ancillary to a pet shop only.
See Section 17.400.110 for permit requirements
TABLE 2-5
Allowed Uses and Permit Requirements
for Commercial Zoning Districts
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
PE RMIT RE QUIRE ME NT BY DISTRICT See Specific Use
Regulations:
ATTACHMENT 1
10Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
IL IG
INDUSTRY, MANUFACTURING & PROCE SSING
Chemical product manufacturing - P
Concrete, gypsum, and plaster products - P
Electronics and equipment manufacturing P P
Fabric products manufacturing P P
Food and beverage manufacturing - P
Furniture/fixtures manufacturing P P
Glass, metal and plastics product manufacturing - P
Handcraft industries P P
Laundries and dry cleaning plants - P
Lumber and wood product manufacturing - P
Machinery manufacturing - P
Media production - Backlots/outdoor facilities - P
Media production - Indoor support facilities P P
Media production - Soundstages P P
Metal products fabrication, machine/welding shops - P
Motor vehicle/transportation equipment manufacturing - P
Paper product manufacturing - P
Paving and roofing material manufacturing - P
Printing and publishing P P
Recycling facility - Processing - P 17.400.090
Recycling facility - Large collection - P 17.400.090
Recycling facility - Small collection AUP P 17.400.090
Recycling facility - Incidental small collection P P 17.400.090
Research and development (R&D) P P
Small-scale product manufacturing P P
Stone and cut stone product manufacturing - P
Stone, clay and pottery product manufacturing - P
Warehousing and distribution facilities P P
Wholesaling and distribution facilities P P
RE CRE ATION, E DUCATION , PUBLIC ASSE MBLY
Arcade P P
Health/fitness facilities P P
Indoor amusement/entertainment facilities CUP CUP
Outdoor Commercial Recreation CUP CUP
Private Schools CUP -
Public recreational and cultural facilities CUP CUP
Public Schools P P
Studios - Art, dance, music, photography, etc. P P
Theaters P P
RE SIDE NTIAL
Caretaker and employee housing CUP CUP
Notes: (1) See Article 7 for definitions of the land uses listed.
Continues on next page.
TABLE 2-8
Allowed Uses and Permit Requirements
for Industrial and Special Purpose Zoning Districts
LAND USE (1)
PERMIT REQUIREMENTS BY DISTRICT
See specific use
regulations
Permitted Use
Conditional Use Permit Required
Administrative Use Permit Required
Use not allowed
ATTACHMENT 1
11Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
IL IG
RE TAIL TRADE
Accessory retail uses P P
Adult entertainment businesses P(2) P(2)
Artisan Shops P P
Auto and vehicle sales/rental CUP CUP
Building material stores P P
Construction equipment sales P P
Convenience stores (3) P P
General retail stores (3) P P
Mobile home and RV sales CUP CUP
Outdoor retail sales and display AUP AUP 17.400.075
Plant nurseries P P
Restaurants, counter service (3) P P
Restaurants, table service (3) P P
Warehouse retail stores P P
SE RVICE
Animal boarding and kennels P(4) P 17.400.020
Business and consumer support services P P
Catering Services P P
Child day care centers (4) CUP CUP
Contractor's storage yard P(5) P
Drive-thru facilities or services CUP CUP 17.400.045
Emergency shelters - P(7) 17.400.046
Offices P P
Public safety facilities P P
Public utility facilities P P
Storage facilities, personal storage CUP (6) CUP (6)
Storage, outdoor P P 17.400.080
Vehicle services-Accessories installation P P 17.400.125
Vehicle services-Fueling stations P P 17.400.120
Vehicle services-Fueling, incidental repair CUP CUP 17.400.125
Vehicle services-Impounding/storage CUP CUP 17.400.125
Vehicle services-Maintenance/repair CUP CUP 17.400.125
Vehicle services-Paint/body P (5) P (5) 17.400.125
Vehicle services-Towing, no storage P P 17.400.125
Veterinary clinics and animal hospitals P P 17.400.020
TRANSPORTATION & COMMUNICATIONS
Broadcast studios P P
Heliports CUP CUP
Parking facilites P P 17.320.
Pipelines and utility lines P P
Telecommunications facilities, cellular AUP AUP 17.400.110
Telecommunications facilities, dish antenna
Notes: (1) See Article 7 for definitions of land uses listed.
(2) Use only allowed subject to approval of an Adult Use Development Permit (see CCMC Chapter 11.13).
(3) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015
(4) Ancillary to a primary use only.
(5) Use only allowed indoors.
(6) Modifications and/or expansion of existing facilities only
(7) Use only allowed in portions of the IG Zone identified in Section 17.400.046, Map 4.05
TABLE 2-8
Allowed Uses and Permit Requirements
for Industrial and Special Purpose Zoning Districts
LAND USE (1)
PERMIT REQUIREMENTS BY DISTRICT
See specific use
regulations
Permitted Use
Conditional Use Permit Required
Administrative Use Permit Required
Use not allowed
See Section 17.400.110 for permit requirements
ATTACHMENT 1
12Exhibit A
Zoning Code Amendment ZCA P-2012006
TABLE 2-11
Allowed Uses and Permit Requirements
for the East Washington Boulevard Overlay (-EW)
P
CUP
AUP
-
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
Permit See Specific
Requirement Use Regulations:
INDUSTRY, MANUFACTURING, & PROCESSING
Fabric products manufacturing, 5,000 sq.ft. or less AUP
Fabric products manufacturing, 5,001 to 10,000 sq.ft. CUP
Food and beverage manufacturing, 5,000 sq.ft. or less (2) AUP
Food and beverage manufacturing, 5,001 to 10,000 sq.ft (2) CUP
Furniture/fixtures manufacturing, 5,000 sq.ft. or less (3) AUP
Furniture/fixtures manufacturing, 5,001 to 10,000 sq.ft. (3) CUP
Handcraft industries, 5,000 sq.ft. or less (3) AUP
Printing and publishing, 10 employees maximum P
Recycling facility - Incidental small collection AUP 17.400.090
Recycling facility - Large collection (4) CUP 17.400.090
Recycling facility - Small collection CUP 17.400.090
Second hand stores AUP
RECREATION, EDUCATION, & PUBLIC ASSEMBLY
Clubs, lodges, and private meeting halls AUP
Health/fitness facilities P
Indoor amusement/entertainment facilities AUP
Religious places of worship P
Private Schools (5) CUP
Public Schools P
Studios – Art, dance, music, photography, etc. P
Theaters P
RESIDENTIAL
Live/work units CUP 17.400.060
RETAIL TRADE
Auto and vehicle sales/rental (6)(7) P
Auto parts sales, retail P
Convenience stores (8) P
General retail stores (8) P
Internet café P
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) Includes packaging, processing, and wholesaling.
(3) Includes assembly, restoration, and wholesaling.
(4) Use only allowed on a site located a minimum of 300 ft from any residential zone.
(5) AUP required for schools up to 1,500 sq.ft. in area.
(6) All business activities with no outdoor display, storage or repair areas permitted shall be conducted wholly within completely
enclosed buildings.
(7) Used vehicles sales and service shall only be allowed incidental to new vehicle sales.
(8) For permit requirements related to the sale of Alcoholic Beverages, see Section 17.400.015.
Table continues on next page
ATTACHMENT 1
13Exhibit A
Zoning Code Amendment ZCA P-2012006
P
CUP
AUP
-
See Specific
Use Regulations:
RE TAIL TRADE (continued)
Outdoor retail sales and display 17.400.075
Pet shops
Plant nurseries, retail
Restaurants, counter service (2)
Restaurants, outdoor dining (2)
Restaurants, table service (2)
Second hand stores
SE RVICE
Adult day care facilities
Automated teller machines (ATMs) 17.400.025
Banks and financial services
Business and consumer support services
Child day care centers 17.400.035
Emergency shelters 17.400.046
Hotels and motels
Medical services - Office/clinics (4)
Medical services - Labs (4)
Medical services - Hospitals
Mortuaries
Offices
Personal services, except psychic readers
Vehicle services - Fueling station 17.400.120
Vehicle services - Fueling, incidental repair 17.400.120
Vehicle services - Impounding/storage 17.400.125
Vehicle services - Maintenance/repair (5) 17.400.125
Veterinary clinics and animal hospitals (6) 17.400.020
TRANSPORTATION & COMMUNICATIONS
Broadcast studios
Parking facilities
Pipelines and utility lines
Telecommunications facilities, cellular 17.400.110
Telecommunications facilities, wireless antenna See Section 17.400.110 for permit requirements
Notes:
(1) See Article 7 for definitions of the land uses listed
(2) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015
(3) If counter service restaurant is stand-alone, then a CUP is required.
(4) Excluding animal experimentation.
(5) Use only allowed indoors.
(6) Use only allowed on a site located a minimum of 200 feet from any residential zone.
(7) Use only allowed in portions of the -EW Zone identified in Section 17.400.046, Map 4.05
AUP
CUP
P
P
P
AUP
P
AUP
P
CUP
CUP
P
AUP
CUP
P
P
CUP
P
P(7)
P
P
P
CUP
P
P
P
P
P(3)
TABLE 2-11
Allowed Uses and Permit Requirements
for the E ast Washington Boulevard Overlay (-E W)
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
Permit
Requirement
AUP
ATTACHMENT 1
14EXHIBIT A
ZONING CODE AMENDMENT ZCA P-2012006
H. Table 3-3. Parking Requirements by Land Use.
1. Residential uses.
Table 3-3A
Land Use Type:
Residential
Vehicle Spaces Required
Accessory dwelling units
1 uncovered space in addition to that required for the
primary dwelling unit(s).
Mobile home parks
1 space in conjunction with each mobile home site, plus 1
space for each 2 mobile home sites for guest parking located
as approved by the City.
Live / Work unit
Up to 900 sf - 2 spaces.
Greater than 900 up to 1500 sf - 3 spaces.
Greater than 1500 sf – 4 spaces.
Multi-family dwellings and residential component of
Mixed-use development, includes supportive housing
and transitional housing units (1)
Studio and 1 bedroom, less than 900 sf - 1 space.
Studio and 1 bedroom, greater than 900 sf - 2 spaces.
2-3 bedroom units - 2 spaces.
4 bedroom units - 3 spaces.
1 space for every additional bedroom greater than 4.
Guest parking - 1 space for every 4 residential units.
Residential Care Facilities 1 space for each 3 patient beds.
Senior citizen congregate care housing
1 space per each 2 residential units, plus one space for each 4
units for guests and employees.
Senior housing
1 space per unit, plus one guest parking space for each 10
units.
Single family, duplex and triplex units, includes
supportive housing and transitional housing units (1)
2 spaces per dwelling unit.
Notes:
(1) See Section 17.320.035.M.(Special Requirements for Residential Uses)
ATTACHMENT 1
15EXHIBIT A
ZONING CODE AMENDMENT ZCA P-2012006
2. Commercial uses.
Table 3-3B
Land Use Type:
Commercial Uses (1)
Vehicle Spaces Required
Accessory Food Service Same as primary use.
Accessory Retail Use Same as primary use.
Animal boarding and kennels
1 space per 350 sf. of indoor use area; plus 1 space for 1000 sf
of outdoor use area.
Auto and Vehicle Sales
1 space per 350 sf of indoor use area; plus 1 space for 1000 sf
of outdoor use area.
Banks and financial services 1 space per 250 sf.
Bars and nightclubs
1 space per 100 sf, plus one space for every 30 sf of dance
floor.
Convenience stores
1 space per 225 sf, with a minimum of 8 spaces.
Day care facilities
Child or Adult Day Care Centers 1 space per 300 sf of floor area.
Large family day care home 1 space per employee, in addition to required residential spaces.
Small family day care home
As required for the single-family dwelling (see parking
requirement for residential uses).
Emergency shelters 1 space for each 3 beds.
Hotels and Motels
1 space for each guest room; plus 1 space for each 20 guest
rooms; plus retail, restaurant and conference uses calculated at
1 space per 100 sf.
Medical services
Hospitals
1 space for each 1.5 patient beds, plus required spaces for
accessory uses as determined by the Director.
Medical/dental offices, clinics and labs 1 space per 350 sf.
Offices, administrative, corporate, professional 1 space per 350 sf.
Plant Nurseries
1 space per 350 sf of indoor use area; plus 1 space for 1000 sf
of outdoor use area.
Restaurants
General (Table Service)
1,500 sf or less.
1 space per 350 sf. with a minimum of 3 spaces.
Greater than 1,500 sf. 1 space per 100 sf.
Takeout (Counter Service), with customer
tables
1 space per 75 sf, with a minimum of 8 spaces.
Takeout (Counter Service - 750 sf or less),
no tables
1 space per 250 sf, with a minimum of 3 spaces.
Located in shopping centers:
Less than 25% of floor area of
center for all restaurants.
Parking requirement covered under the general requirement for
shopping center.
25% or greater of floor area of
center for all restaurants.
Portion of restaurant(s) exceeding 25% of shopping center’s
floor area shall use the same parking requirement for general
restaurants, above.
ATTACHMENT 1
16EXHIBIT A
ZONING CODE AMENDMENT ZCA P-2012006
Land Use Type:
Commercial Uses (1)
Vehicle Spaces Required
Outdoor dining:
No parking required for first 250 sf of outdoor dining area.
Any outdoor dining area exceeding 250 sf shall be included as
restaurant floor area in determining the parking requirement.
Retail and service uses, general 1 space per 350 sf.
Shopping centers – general (2)(3)
Less than 5 acres in net parcel area 1 space per 250 sf (Also see restaurant requirements).
5 acres and greater of net parcel area 1 space per 200 sf (Also see restaurant requirements).
Storage, personal storage facilities
1 space per 50 storage units or 5,000 sf of storage area,
whichever is greater. Plus 2 additional spaces for the
manager’s office, with a minimum of 5 spaces per facility.
Vehicle Services
Carwash – self service 2 spaces for each washing stall.
Carwash – full service
10 spaces; plus 10 space queuing area for drying of vehicles;
plus queuing area for 3 vehicles ahead of each wash lane.
Carwash – automated, accessory to fueling
station
4 spaces plus queuing area for 3 vehicles ahead of the wash
lane (in addition to the parking required for fueling station).
Fueling stations
1 space per 225 sf (includes convenience store) with a
minimum of 3 spaces. For parking required above the
minimum of 3, half of the parking provided at pump islands
may be credited towards meeting parking requirements.
Maintenance, repair, installation, and detailing
3 spaces per service bay (work station), plus 1 space for each
350 sf of additional retail sales and service.
Veterinary clinics 1 space per 350 sf.
Notes:
(1) Parking for certain uses within the CD Zone are subject to the requirements of Subsection 17.220.035.C.
(2) Parking requirements for bars, nightclubs, health/fitness facilities and theaters shall be calculated separately in all
cases.
(3) A multi-tenant regional shopping center of 600,000 sf floor area or more with one or more traditional department
stores, excluding those common areas as described in Subsection 17.320.020.C. of this Chapter, may provide a
parking ratio as recommended in a parking demand study approved by the City; provided, that the parking demand
study (i) is prepared, at the sole cost and expense of the applicant, by an independent traffic engineer licensed by
the State of California who is reasonably approved by the Director prior to the commencement of that study, and
(ii) presents reasonable justification for modification to the parking ratio(s) otherwise required under Table 3-3
(Parking Requirements by Land Use) of this Chapter. If, as reasonably determined by the Director, the parking
demand study supports requiring a parking ratio greater than that otherwise required in this Title, then the higher
parking ratio shall apply.
ATTACHMENT 1
17Exhibit A
Zoning Code Amendment ZCA P-2012006
Chapter 17.400 - Standards for Specific Land Uses ................................................................ 4-1
17.400.005 - Purpose ......................................................................................................... 4-2
17.400.010 - Applicability ................................................................................................. 4-2
17.400.015 - Alcoholic Beverage Sales ............................................................................. 4-2
17.400.020 - Animal Boarding, Pet Day Care, Veterinary Clinics and Animal Hospitals 4-3
17.400.025 - Automatic Teller Machines (ATMs) .......................................................... 4-4
17.400.030 - Check Cashing Businesses ........................................................................... 4-6
17.400.035 - Child Day Care Facilities............................................................................ 4-6
17.400.040 - Condominium Conversions ........................................................................ 4-8
17.400.045 - Drive-In and Drive-Through Facilities ....................................................... 4-11
17.400.046 - Emergency Shelters……………………………………………………….4-12
17.400.050 - Firearms Sales............................................................................................. 4-12
17.400.055 - Home Occupations ..................................................................................... 4-12
17.400.060 - Live/Work Development Standards ........................................................... 4-15
17.400.065 - Mixed Use Development Standards ........................................................... 4-20
17.400.070 - Outdoor Dining ........................................................................................... 4-32
17.400.075 - Outdoor Retail Sales and Displays ............................................................. 4-35
17.400.080 - Outdoor Storage ........................................................................................ 4-35
17.400.085 - Pawnshops ................................................................................................ 4-36
17.400.090 - Recycling Facilities .................................................................................. 4-37
17.400.095 - Residential Uses - Accessory Dwelling Units .......................................... 4-42
17.400.100 - Residential Uses - Accessory Residential Structures ................................. 4-43
17.400.105 - Residential Uses - Multiple-Family Residential Standards ....................... 4-44
17.400.110 - Telecommunications Facilities ................................................................... 4-46
17.400.115 - Temporary Storage Containers ................................................................... 4-54
17.400.120 - Vehicle Fueling Stations ............................................................................. 4-54
17.400.125 - Vehicle Repair Shops ................................................................................. 4-56
ATTACHMENT 1
18Exhibit A
Zoning Code Amendment ZCA P-2012006
17.400.046 - Emergency Shelters
This Section provides location, development, and operating standards for emergency shelters in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development
Standards):
A. Location and Permit Requirements. Emergency shelters located within the area identified in Map
4.05 shall be permitted after approval of a Zoning Clearance in compliance with Chapter 17.510
(Zoning Clearances). Emergency Shelters located in the CN (Commercial Neighborhood), CG
(Commercial General) and CC (Commercial Community) zoning districts shall be shall be
permitted subject to approval of a Conditional Use Permit in compliance with Chapter 17.530
(Administrative Use Permits and Conditional Use Permits).
B. Lot Size. Emergency shelters located within the area identified in Map 4.05 shall be limited to lots
that have a minimum lot area of ¼ acre (10,890 square feet) and a maximum lot area of ¾ acre
(32,670 square feet).
C. Number of Beds. Emergency shelters located within the area identified in Map 4.05 shall have no
more than 30 beds. Maximum number of beds for emergency shelters located outside of the area
identified in Map 4.05 shall be established as part of the Conditional Use Permit.
D. Length of Stay. Emergency shelters shall be available to residents for no more than 180 days in any
12 month period.
E. Hours of Operation. Emergency shelters shall establish and maintain set hours for the client
intake/discharge, which shall be prominently posted on-site.
F. Proximity to Other Emergency Shelters. An emergency shelter shall not be located within 300
feet of another Emergency Shelter.
G. On-Site Waiting and Client Intake Area. All on-site waiting and client intake areas shall be
located indoors and shall have a minimum area of 100 square feet.
H. Lighting. Adequate external lighting shall be provided for security purposes as determined by the
Director. Exterior lighting shall comply with the requirements of Section 17.300.040 (Outdoor
Lighting).
I. Laundry Facilities. On-site laundry facilities or services adequate for the number of residents shall
be provided.
J. Personal Property. Secured areas for personal property shall be provided.
K. Common Facilities. The development may provide one or more of the following specific common
facilities for the exclusive use of the residents and staff:
1. Kitchen and dining room(s).
2. Recreation room.
3. Counseling center.
4. Child care facilities.
5. Other support services as necessary.
ATTACHMENT 1
19Exhibit A
Zoning Code Amendment ZCA P-2012006
L. Outdoor Activity. Outdoor activities may only be conducted between the hours of 8 AM and 10
PM.
M. Refuse. A refuse storage area, completely enclosed with a masonry wall not less than 5 feet high
with a solid gated opening, and large enough to accommodate standard sized commercial trash bins
shall be provided.
N. Emergency Shelter Provider. All Emergency shelters shall comply with the following
requirements:
1. Shelters providing services to two or more population groups (e.g., men, women, and families
with children, etc.) shall provide segregated sleeping areas for each separate population group.
2. At-least one facility manager shall be on-site at all hours the facility is open. Additional staff
shall be provided, as necessary, to ensure that at least one staff member is provided in all
segregated sleeping areas, as appropriate.
3. Staff and services shall be provided to assist residents in obtaining permanent shelter.
4. The provider shall submit to the Planning Division for review and approval as part of the Zoning
Clearance or Conditional Use Permit process a written operational plan including, as applicable,
provisions for staff training, neighborhood outreach, security, screening of residents to insure
compatibility with services provided, noise and loitering control, and for training, counseling, and
treatment programs for residents.
ATTACHMENT 1
20Exhibit A
Zoning Code Amendment ZCA P-2012006
ATTACHMENT 1
21Exhibit A
Zoning Code Amendment ZCA P-2012006
17.700.010 Definitions
Definitions, “E”.
Emergency Shelter. Facilities providing temporary shelter with minimal supportive services for
homeless persons that are limited to occupancy of 180 days or less by a homeless person, persons,
household, or family for the emergency or temporary shelter and feeding of indigents or disaster
victims, operated by a public or non-profit agency. These accommodations may include temporary
lodging, meals, laundry facilities, bathing, counseling, and other basic support services.
Definitions, “R”.
Residential Care Facility. Facilities providing 24 hour residential, assisted living, social and
personal care for children, the elderly, and people with limited ability for self-care. Varying levels of
care and supervision are provided. Residential care facilities may include basic services and
community space. Includes: board and care homes; children’s homes; transitional houses;
orphanages; rehabilitation centers; convalescent homes, nursing home and similar facilities. Excludes
Emergency Shelters, Transitional Housing, Supportive Housing, and facilities for persons requiring
surgical or other primary medical treatment.
Definitions, “S”.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target
population and that is linked to on-site or off-site services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her ability to live and
when possible, work in the community. Supportive Housing with 6 or fewer residents per unit shall
be considered a residential use of the same type as other residential uses of the same type in the same
zone.
Definitions, “T”.
Target Population. Adults with low-income having one or more disabilities, including mental
illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for
services provided under the Lanterman Developmental Disabilities Services Act and may, among
other populations, include families with children, elderly persons, young adults aging out of the foster
care system, individuals exiting from institutional settings, veterans, or homeless people.
Transitional Housing. Temporary housing for at least six (6) months for a homeless individual or
family transitioning to permanent housing. Housing can take several forms including group housing
or multi-family units, and may include supportive services to allow for necessary life skills in support
of independent living. Transitional housing shall be considered a residential use of the same type as
other residential uses of the same type in the same zone.
ATTACHMENT 1
22Exhibit B
Zoning Code Amendment ZCA P-2012040
P
CUP
AUP
-
CN CG CC CD CRR CRB
INDUSTRY, MANUFACTURING & PROCESSING
Cosmetic product manufacturing - - - - - P
Electronics and equipment manufacturing - - - - - P
Fabric products manufacturing - - - - - P
Handcraft industries - - - - - P
Media production - Indoor support facilities - P - - - P
Media production - Soundstages - - - - - P
Printing and publishing - P P - P P
Recycling facility - Incidental small collection - P P - - P 17.400.090
Recycling facility - Small collection - AUP AUP - - AUP 17.400.090
Research and development (R&D) - - - - - P
Warehousing and distribution facilities - - - - - P(2)
RECREATION, EDUCATION & PUBLIC ASSEMBLY
Arcade - AUP AUP P(3) AUP -
Clubs, lodges, and private meeting halls - P P P(4) - P
Health/fitness facilities - P P P(4) P P
Indoor amusement/entertainment facilities - P P P P -
Outdoor commercial recreation - CUP CUP - CUP CUP
Public recreational and cultural facilities P P P P P P
Public Schools P P P P P P
Private Schools (5) CUP CUP CUP CUP - CUP
Religious places of worship CUP P P - - P
Studios - Art, dance, music, photography, etc. P P P P P P
Theaters P P P P P P
RESIDENTIAL
Home occupations P P P P - - 17.400.055
Live/work units P P P P - - 17.400.060
Mixed use projects P P P P - - 17.400.065
Residential care facilities, 6 or fewer clients P P P P - -
Residential care facilities, 7 or more clients CUP CUP CUP - - -
Senior citizen congregate care housing CUP CUP CUP - - -
Single Room Occupancy units (8) P P P P - - 17.400.106
Supportive Housing, 6 or fewer residents (7)(8) P P P P - -
Supportive Housing, 7 or more residents (8) CUP CUP CUP CUP - -
Transitional Housing (7)(8) P P P P - -
RETAIL TRADE
Accessory food service P P P P P P
Accessory retail uses P P P P P P
Adult businesses (6) - P P - - -
Artisan shops P P P P P P
Notes:
(1) See Article 7 for definitions of the land uses listed.
(2) 10,000 sf maximum floor area.
(3) Up to 10 amusement devices are allowed in conjuction with a multiplex movie theater subject to Section 17.230.030
(4) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements).
(5) AUP required for schools up to 1,500 square feet in area.
(6) Use only allowed subject to approval of an Adult Use Development Permit (See CCMC Chapter 11.13).
(7) Use is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
(8) Use only allowed as part of a mixed use project
TABLE 2-5
Allowed Uses and Permit Requirements
for Commercial Zoning Districts
Permitted Use
Conditional Use Permit required
Administrative Use Permit Required
Use not allowed
LAND USE (1)
PERMIT REQUIREMENT BY DISTRICT
See Specific Use
Regulations:
ATTACHMENT 1
23EXHIBIT B
ZONING CODE AMENDMENT ZCA P-2012040
H. Table 3-3. Parking Requirements by Land Use.
1. Residential uses.
Table 3-3A
Land Use Type:
Residential
Vehicle Spaces Required
Accessory dwelling units
1 uncovered space in addition to that required for the
primary dwelling unit(s).
Mobile home parks
1 space in conjunction with each mobile home site, plus 1
space for each 2 mobile home sites for guest parking located
as approved by the City.
Live / Work unit
Up to 900 sf - 2 spaces.
Greater than 900 up to 1500 sf - 3 spaces.
Greater than 1500 sf – 4 spaces.
Multi-family dwellings and residential component of
Mixed-use development, includes supportive housing
and transitional housing units (1)
Studio and 1 bedroom, less than 900 sf - 1 space.
Studio and 1 bedroom, greater than 900 sf - 2 spaces.
2-3 bedroom units - 2 spaces.
4 bedroom units - 3 spaces.
1 space for every additional bedroom greater than 4.
Guest parking - 1 space for every 4 residential units.
Residential Care Facilities 1 space for each 3 patient beds.
Senior citizen congregate care housing
1 space per each 2 residential units, plus one space for each 4
units for guests and employees.
Senior housing
1 space per unit, plus one guest parking space for each 10
units.
Single family, duplex and triplex units, includes
supportive housing and transitional housing units (1)
2 spaces per dwelling unit.
Single Room Occupancy Units
One (1) parking space per unit.
Notes:
(1) See Section 17.320.035.M.(Special Requirements for Residential Uses)
ATTACHMENT 1
24Exhibit B
Zoning Code Amendment ZCA P-2012040
17.400.106 – Single Room Occupancy (SRO) Units
This Section provides density, development, and operating standards for single room occupancy units in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Development
Standards):
A. Location. Single Room Occupancy (SRO) units shall only be located in a Mixed Use Project and
shall be subject to all applicable provision of Section 17.400.065 (Mixed Use Development
Standards).
B. Density. SRO residential density shall not exceed the density standards as may be permitted in
Section 17.400.065 (Mixed Use Development Standards) and in no case shall the number of SRO
units exceed more than 25% of a Mixed Use Project’s total number of residential units.
C. Unit Size. The minimum size of an SRO unit shall be 200 square feet and the maximum size shall
be 350 square feet.
D. Kitchen Facilities. Each SRO unit shall be equipped with a kitchen sink with a garbage disposal
and a counter top measuring a minimum of 48 inches wide by 24 inches deep; and shall be provided
with a minimum of a refrigerator and a microwave oven.
E. Bathroom Facilities. Each SRO unit shall include a bathroom with a toilet and a shower stall in an
enclosed compartment with a door. The bathroom shall be a minimum of 25 square feet in area.
F. Open Space. Each SRO unit shall be provided with open space in compliance with Section
17.400.065 (Mixed Use Development Standards).
G. Parking. One parking space shall be provided for each SRO unit.
H. Occupancy. SRO units shall be occupied by no more than two persons and shall be offered on a
monthly rental basis or longer.
ATTACHMENT 1
25Exhibit B
Zoning Code Amendment ZCA P-2012040
Table 5-1
Review Authority
Type of Permit or Decision
Procedure
is in
Section
Role of Review Authority (1)
Director
Board of
Zoning
Adjustment
Planning
Commission
City
Council
Administrative and Amendments
General Plan Amendments 17.620
Recommend Decision
Interpretations 17.120 Decision Appeal Appeal Appeal
Time Extensions 17.595 Decision Appeal Appeal
Zoning Map Amendments 17.620 Recommend Decision
Zoning Text Amendments 17.620
Recommend Decision
Land Use Permits/Development Approvals
Administrative Use Permits 17.530 Decision
Appeal Appeal
Administrative Site Plan Review 17.540 Decision
Appeal Appeal
Administrative Modifications 17.550 Decision
Appeal Appeal
Comprehensive Plans 17.560
Recommend Decision
Conditional Use Permits 17.530
Decision Appeal
Development Agreements 17.590 Recommend Decision
Height Exemptions 17.300 Recommend Decision
Master Sign Program 17.330 Decision
Appeal Appeal
Reasonable Accommodations 17.550 Decision Appeal Appeal
Site Plan Review 17.540
Decision Appeal
Specific Plans 17.570
Recommend Decision
Special Event/Temporary Event Permits 17.520
Decision
(2)
Appeal Appeal
Temporary Use Permits 17.520 Decision
Appeal Appeal
Tentative Parcel Map 15.10 Decision
Tentative Tract Map 15.10 Recommend Decision
Variances 17.550
Decision Appeal
Zoning Clearances 17.510 Decision Appeal Appeal
Notes:
(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making
body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means
that the review authority may consider and decide upon appeals to the decision of an earlier decision-
making body, in compliance with Chapter 17.640 (Appeals).
(2) Decisions on Special Events permits may be referred to the Committee on permits and licenses for review
and approval per CCMC Chapter 11.01. (General Licensing).
ATTACHMENT 1
26Exhibit B
Zoning Code Amendments ZCA P-2012040
CHAPTER 17.550 – VARIANCES, AND ADMINISTRATIVE
MODIFICATIONS AND REASONABLE
ACCOMMODATIONS
Sections:
17.550.005 - Purpose
17.550.010 - Applicability
17.550.015 - Application Filing, Processing, and Review
17.550.020 - Findings and Decision
17.550.025 - Conditions of Approval
17.550.030 - Post Approval Procedures
17.550.005 - Purpose
The provisions of this Chapter allow for:
A. Administrative Modification of specific development standards of this Title when the strict
application of those standards creates an unnecessary, involuntarily created hardship or
unreasonable regulation which makes it impractical to require compliance with the
development standards.
B. Variances from the development standards of this Title only when, because of special
circumstances applicable to the property, including location, shape, size, surroundings,
topography or other conditions, the strict application of this Title denies the property owner
privileges enjoyed by other property owners in the vicinity and in identical zoning districts.
C. Reasonable Accommodations from specific development standards of this Title when the
strict application of those standards would make it impractical for an individual with a
disability to have an equal opportunity to use and enjoy a dwelling unit.
17.550.010 - Applicability
A. Administrative Modification. The Director may grant an Administrative Modification for
only the development standards identified in Table 5-2 (Administrative Modifications). An
Administrative Modification may be granted only once for a specific type of request per
parcel. A request which exceeds the limitations identified in Table 5-2 (Administrative
Modifications) shall require the filing of an application for a Variance.
Table 5-2
ATTACHMENT 1
27Exhibit B
Zoning Code Amendments ZCA P-2012040
Administrative Modifications
Types of Administrative Modification Allowed
Maximum
Adjustment
1. Dwelling unit size. A decrease in the minimum square footage requirements
for dwelling units
10%
2. Fence, walls, or retaining walls. Fences, gates, pilasters, or walls in the side
or rear yards that exceed 6 ft in height.
Not to
exceed 8 ft
3. Distances between structures. A decrease in the minimum distance between
a
detached accessory structure and the main structure.
10%
4. Open space. A decrease in the minimum open space requirements. 10%
5. Parking. A decrease in the minimum number of parking spaces and parking
lot and loading dimensions (e.g. aisle, driveway, and space widths)
10%
6. Projections. An increase in the allowed projections into setbacks in
compliance with Section 17.300.020 (Setback Regulations and Exceptions)
10%
7. Setbacks. A decrease in the minimum required setbacks. 10%
8. Structure height. An increase in the maximum allowable structure height;
provided that the increase complies with the height limitation established by
the 1990 City of Culver City initiative.
10%
B. Variance. The Commission may grant a Variance from the requirements of this Title;
except that a Variance shall not allow a use of land not otherwise allowed in the applicable
zoning district by Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific
Standards).
C. Reasonable Accommodation. The Director may grant Reasonable Accommodations from
the requirements of this Title that may be necessary to ensure equal access to housing for an
individual with a disability.
17.550.015 - Application Filing, Processing, and Review
A. Filing. An application for an Administrative Modification, or a Variance, or a Reasonable
Accommodation shall be completed, filed, and processed in compliance with Chapter 17.500
(Applications, Processing, and Fees). The application package shall include all information
specified in the application, any applicable Division handout, and any additional information
required by the Director in order to conduct a thorough review of the proposed project. It is
the responsibility of the applicant to establish evidence in support of the findings required by
Section 17.550.020 (Findings and Decision), below.
B. Notice and Hearings. Notice and hearings regarding an application for a Variance, or an
Administrative Modification, or a Reasonable Accommodation shall be provided in
compliance with Chapter 17.630 (Public Hearings and Administrative Review), and as
follows:
1. Administrative Modification. The Director shall conduct an administrative review of
an application for an Administrative Modification.
ATTACHMENT 1
28Exhibit B
Zoning Code Amendments ZCA P-2012040
2. Variance. The Commission shall conduct a public hearing on an application for a
Variance.
3. Reasonable Accommodation. The Director shall conduct an administrative review of
an application for a Reasonable Accommodation.
17.550.020 - Findings and Decision
A. Administrative Modification Findings. The Director shall record the decision in writing
with the findings on which the decision is based. The Administrative Modification may be
approved, with or without conditions, only after making all of the following findings:
1. The strict application of the applicable development standard creates an unnecessary,
involuntarily created hardship or unreasonable regulation which makes it obviously
impractical to require compliance with the development standards.
2. Approval of the Administrative Modification would not be detrimental to the public
health, interest, safety, or general welfare and would not be detrimental or injurious to
property or improvements in the vicinity and in the same zoning district.
3. The project is consistent with the General Plan and complies with all other applicable
provision of this Title.
B. Variance Findings. The Commission shall record the decision in writing with the findings
on which the decision is based. The Variance may be approved, with or without conditions,
only after making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size,
surroundings, and topography), or to the intended use of the property, so that the strict
application of this Title denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts.
2. The strict application of the applicable development standard creates an unnecessary,
involuntarily created hardship or unreasonable regulation which makes it obviously
impractical to require compliance with the development standards.
3. The Variance is necessary for the preservation and enjoyment of substantial property
rights possessed by other property owners in the same vicinity and zoning district and
denied to the property owner for which the Variance is sought.
4. The project is consistent with the General Plan and complies with all other applicable
provisions of this Title.
5. Approval of the Variance would not be detrimental to the public health, interest, safety,
or general welfare and would not be detrimental or injurious to property or
improvements in the vicinity and in the same zoning district.
C. Reasonable Accommodation Findings. The Director shall record the decision in writing
with the findings on which the decision is based. The Reasonable Accommodation may be
approved, with or without conditions, only after making all of the following findings:
1. The dwelling, which is the subject of the request for reasonable accommodation, will
ATTACHMENT 1
29Exhibit B
Zoning Code Amendments ZCA P-2012040
be used by an individual with a disability.
2. The requested accommodation is necessary to make the dwelling available to an
individual with a disability.
3. There is no reasonable alternative accommodation that will comply or come closer to
complying with the development standards of this Title.
4. The requested accommodation will not negatively impact surrounding uses or
properties.
5. Approval of the reasonable accommodation would not be detrimental to the public
health, interest, safety, or general welfare and would not be detrimental or injurious to
property or improvements in the vicinity and in the same zoning district.
17.550.025 - Conditions of Approval
In approving an Administrative Modification, or Variance, or Reasonable Accommodation the
review authority may impose reasonable and necessary specific design, locational, and operational
conditions which may include, but are not limited to, the City’s “Comprehensive Standard
Conditions of Approval for Site Plan Review and Other Discretionary Planning and Zoning
Applications,” as adopted by the Commission to ensure that the approval will be in compliance
with the findings required by Section 17.550.020 (Findings and Decision), above.
A. Reasonable Accommodation Conditions of Approval. The following shall apply to the
approval of a reasonable accommodation:
1. Approval of a reasonable accommodation shall be granted to an individual and shall
not run with the land unless the Director also finds that the modification is physically
integrated into the structure and cannot be easily removed or altered to comply with the
requirements of this Title.
2. Prior to the issuance of any permits relative to an approved reasonable accommodation,
the Director may require the applicant to record a covenant in the County Recorder’s
Office acknowledging and agreeing to comply with the terms and conditions
established in the decision. The covenant shall be required only if the Director finds
that a covenant is necessary to provide notice to future owners that a reasonable
accommodation has been approved and may not apply to future owners and/or tenants.
B. Duration of Reasonable Accommodation. A reasonable accommodation shall not be
considered permanent and shall be subject to the following:
1. The Reasonable Accommodation may continue to be used and maintained by the
individual with a disability for the duration of his or her tenancy in the dwelling
subject to the findings in Section 17.550.020.C.
2. Within 60 days of the termination of the tenancy by the individual with a disability, the
Reasonable Accommodation shall be removed unless the Director has determined that
the Reasonable Accommodation may remain as provided in Section 17.550.025.A.2.
3. A Reasonable Accommodation request shall be null and void if an individual with a
disability fails to take advantage of said approval within one year or if said individual
ATTACHMENT 1
30Exhibit B
Zoning Code Amendments ZCA P-2012040
with a disability terminates tenancy prior to installing Reasonable Accommodation
related structures.
17.550.030 - Post Approval Procedures
Procedures relating to appeals, notices, revocations and modifications as identified in Article 6
(Zoning Code Administration), in addition to those identified in Chapter 17.595 (Permit
Implementation, Time Limits, and Extensions), shall apply following the approval of an
Administrative Modification, or a Variance, or a Reasonable Accommodation application.
ATTACHMENT 1
31Exhibit B
Zoning Code Amendment ZCA P-2012040
17.630.010 - Notice of Public Hearings and Administrative Review
D. Notice of Administrative Use Permits, Administrative Site Plan Review, and
Administrative Modification, and Reasonable Accommodation Applications.
Table 6-3 (Mailed Notification Requirements for Administrative Discretionary Review
Applications) identifies the noticing requirements for administrative actions by the Director.
Table 6-3
Mailed Notification Requirements For Administrative
Discretionary Review Applications
Type of Administrative Review
See Chapter
Notice Requirement
Mailed Notice
Mailing Deadline
A. Administrative Use Permits.
17.530
All property owners
and occupants within
a 300-foot radius
15 days before the
anticipated date of
decision by Director
B. Administrative Modifications.
17.550
All adjacent property
owners and occupants
15 days before the
anticipated date of
decision by Director
C. Administrative Site Plan Reviews.
17.540
All adjacent property
owners and occupants
15 days before the
anticipated date of
decision by Director
D. Reasonable Accommodations.
17.550
All adjacent property
owners and occupants
15 days before the
anticipated date of
decision by Director
1. In addition to all persons notified in compliance with Table 6-3 (Mailed Notification
Requirements for Administrative Discretionary Review Applications) above, a notice of
decision on the Administrative Site Plan Review, Administrative Modification, and
Administrative Use Permit and Reasonable Accommodation applications shall be
mailed to the applicant and other parties directly involved with the application, in
compliance with Section 17.630.040 (Mailing of the Notice of Decision), below.
E. Additional Notice. In addition to the types of notice required by Subsections 17.630.010.A.
(Mailed Notice) through Subsection 17.630.010.D. (Notice of Administrative Use Permits,
Administrative Site Plan Review, and Administrative Modification and Reasonable
Accommodation Applications), above, the Director may provide additional notice with
content or using a distribution method as the Director determines is necessary or desirable
(e.g., on the Internet).
F. Effect of Notification Requirements. Nothing in the public notification requirements
identified in this Section is intended to supersede the procedures established in this Chapter
for other discretionary reviews.
ATTACHMENT 1
32Exhibit B
Zoning Code Amendment ZCA P-2012040
17.700.010 Definitions
Definitions, “D”.
Disability. The definition of Disability shall be consistent with California Government Code Sections
12900- 12996 and the regulations promulgated thereunder.
Definitions, “I”.
Individual with a disability. The definition of an individual with a disability shall be consistent with
California Government Code Sections 12900- 12996 and the regulations promulgated thereunder.
Definitions, “R”.
Reasonable Accommodations. Reasonable accommodation means providing an individual with a
disability, or developers of housing for individuals with disabilities, flexibility in the application of
land use and zoning regulations or policies, including the modification or waiver of certain
requirements, when necessary to eliminate barriers to housing opportunities.
Definitions, “S”.
Single Room Occupancy (SRO) Unit. A dwelling unit with a minimum floor area of 200 square feet
and a maximum floor area of 350 square feet. These dwelling units shall have kitchen and bathroom
facilities. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on
a monthly rental basis or longer.
ATTACHMENT 1
33ATTACHMENT 2
34 ATTACHMENT 2
35 ATTACHMENT 2
36 ATTACHMENT 3
38 ATTACHMENT 3
39 ATTACHMENT 3
40 ATTACHMENT 3
41 City of Culver City, California
Planning Commission Agenda Item Report
Page 1 of 9
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 2012-P004 (Attachment No.
1) recommending to the City Council approval of Zoning Code Amendment, ZCA
P-2012006.
PROCEDURES:
1. Chair calls on staff for a brief staff report and Commission poses questions to
staff as desired.
2. Chair opens the public hearing, providing the general public the opportunity to
speak. Chair seeks a motion to close the public hearing after all testimony
has been presented.
3. Commission discusses the matter and arrives at its decision.
BACKGROUND:
California State Legislation, Chapter 633, Statues of 2007 (established through
passage of California Senate Bill 2 or SB 2), effective January 1, 2008, requires
that local jurisdictions allow emergency shelters by-right and that transitional and
supportive housing be treated as residential uses. The City of Culver City
Housing Element for 2008-2014, which was adopted by the City Council on June
10, 2010 and certified by the State of California Department of Housing and
Community Development (HCD) in August 11, 2010, includes measures to
incorporate the State requirements for emergency shelters, transitional housing
and supportive housing (Measure 2L) and definition of family (Measure 2M) into
the City of Culver City Zoning Code consistent State Housing Law (Attachment
No. 3).
Meeting Date: February 22, 2012 Item Number: PH-1
AGENDA ITEM: Zoning Code Amendment, ZCA P-2012006: Consideration of
Zoning Code Text Amendments Affecti ng Emergency Shelters, Transitional
Housing, Supportive Housing, and Definition of Family.
Contact Person/Dept.: Jose Mendivil,
Associate Planner
Phone Number: (310) 253-5757
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Publication in Culver City News (February 2, 2012). Mailed to the
Always List (February 14, 2012), Emailed to the Master Notification List (February 14,
2012).
Planning Approval: Thomas Gorham,
Planning Manager
Department Approval: Sol Blumenfeld,
Community Development Director
ATTACHMENT 4
42 City of Culver City, California
Planning Commission Agenda Item Report
Page 2 of 9
DISCUSSION:
Proposed text changes are outlined in Exhibit A (Attachment No. 2) in
“strikethrough/underline” format and as described below:
Emergency Shelters
Consistent with State Health and Safety Code Section 50801(e), Emergency
Shelters are permanent facilities with minimal supportive services for homeless
persons and are limited to occupancy of 180 days or less by a homeless person,
persons, household, or family and for which no individual or household or family
may be denied emergency shelter because of an inability to pay. Further,
emergency shelters are characterized as providing temporary shelter and meals
for indigents or disaster victims and are operated by a public or non-profit
agency. Emergency shelter accommodations may include temporary lodging,
meals, laundry facilities, bathing, counseling, and other basic support services.
SB 2 generally requires that unless there are sufficient existing shelter facilities to
meet all of the homeless population need, cities must identify at least one zoning
district or area where emergency shelters may be established as an allowed use
without requiring a conditional or administrative use permit or similar
discretionary review of the proposed use. During the Housing Element process,
staff evaluated the eastern portion of the City (bounded by Ballona Creek on the
west, Fairfax Avenue on the east, the Jefferson Storm Drain on the south, and
the northern City Limit line) to potentially accommodate emergency shelters. This
area includes parcels zoned Industrial General (IG) and East Washington
Overlay (EWO). As required by SB 2, the area where Emergency Shelters are
allowed without discretionary review must be well served by bus transit and be
located near a variety of services. This area complies with these stipulations.
Everywhere else in the City, the current zoning code allowance for Emergency
Shelters contingent upon approval of a Conditional Use Permit will remain
without revision. Both the Planning Commission and City Council approved this
proposed area for Emergency Shelters when they adopted the Housing Element.
As part of this amendment, Emergency Shelters will be listed as allowed uses
with a footnote referencing the area described above in Zoning Code Sections
17.230.015.A, Table 2-8 (allowed uses in Industrial Zones) and 17.260.035.C,
Table 2-11(allowed uses in the East Washington Overlay Zone). The current
definition of Emergency Shelter (Section 17.700.010.E) will be revised to ensure
consistency with the amendment.
Parking Standards for Emergency Shelters will be listed in Section 17.320.020.H,
Table 3-3 (parking requirements by land use). Currently there is no parking
ATTACHMENT 4
43 City of Culver City, California
Planning Commission Agenda Item Report
Page 3 of 9
requirement for Emergency Shelters; the parking requirement is determined on a
case by case basis during the Conditional Use Permit process. Upward Bound
House approved with a CUP on October 24, 2007 required one parking space for
every three residential units. Upward Bound House is an emergency shelter for
homeless women with children and is a converted hotel with each previous hotel
room converted to a residential unit. This parking requirement is similar to the
parking requirement for Residential Care Facilities (one space for each three
patient beds). Review of various Cities by staff did not yield a uniform parking
standard with some cities basing parking on total square footage such as one
space for every 250 square feet of gross square footage and other cities using a
parking to bed ratio varying from 1 space per 3 beds up to 1 space per 6 beds.
Staff is recommending a conservative parking requirement of one parking space
for every three beds consistent with the current requirement for Residential Care
Facilities. Users of the emergency shelters will more than likely not have
vehicles. Employees of the shelters will use the parking.
SB 2 does not prohibit cities from imposing written, objective development and
operating standards on emergency shelters, such as, limits on the number of
beds or persons, length of stay, lighting and security measures, onsite
management, or parcel size where such a use is allowed. As part of this
amendment, Article 4 of the Zoning Code – Standards for Specific Land Uses –
will be revised to include specific development standards for Emergency
Shelters. Section 17.400.046 will be added to Article 4 and it will include Map
4.05 which graphically illustrates the area where emergency shelters will be
allowed without discretionary review. Everywhere else where currently allowed,
Emergency Shelters will continue to require a Conditional Use Permit and will be
subject to the proposed development standards. The standards will address:
• Zone Clearance (prior to building permit issuance to ensure compliance
with the specific standards)
• Lighting (to ensure adequate external lighting)
• Common Facilities (such as cooking and dining rooms, recreation rooms
counseling center, child care facilities)
• Provision for On-site Security
• Provision for Outdoor Activity
• Refuse
• On-Site Waiting and Client Intake Areas
• Proximity to Other Emergency Shelters
• Homeless Shelter Provider requirements (including a written
management plan)
• Location and Minimum and Maximum Lot Size for Emergency shelters,
and
ATTACHMENT 4
44 City of Culver City, California
Planning Commission Agenda Item Report
Page 4 of 9
• Maximum Number of Beds per Emergency Shelter.
The area where emergency shelters would be allowed without discretion was
established during the Housing Element process and is depicted in Map 4.05
contained in Exhibit A (Attachment No. 2). Staff surveyed this area and identified
parcel sizes between one-quarter to three-quarters acres as a size that could
most effectively accommodate this use and delimit where these shelters can
most appropriately occur. If smaller parcels are allowed there is a potential for
substandard conditions such a overcrowding within small shelters on small lots.
If larger parcels are allowed there is a potential for large shelters that are not in
character with Culver City. The lot size limitation will ensure the potential for a
proper mix of shelters with adequate accommodations and on-site amenities.
Further the lot size limitation ensures that there are enough lots that can be
developed with Emergency Shelters without discretionary review as required by
SB 2. This rationale was discussed with the Planning Commission and City
Council during the adoption hearings for the Housing Element.
Currently there is no maximum bed allowance for emergency shelters because
this limit is determined during the Conditional Use Permit process. However, in
the proposed area of the City where Emergency Shelters will be allowed without
discretionary review, staff is proposing the maximum of 30 beds per shelter.
Various cities were surveyed to assist in determining a maximum bed allowance.
HCD in their review of SB 2 advises cities to not limit beds to a low number that
could be too onerous. At the same time the City is concerned that a high
maximum number bed allowance could result in large shelters not in character
with the medium scale commercial development characteristic of Culver City.
Below is a matrix summarizing the survey results.
ATTACHMENT 4
45 City of Culver City, California
Planning Commission Agenda Item Report
Page 5 of 9
* Temporary Shelters operated by places of worship
Several of the cities that currently do not have emergency shelter standards have
committed in their housing elements to amend their codes to address emergency
shelters. Similar to Culver City, they are most likely in the amendment process.
The range of beds for those cities that have codified language range from 10
beds to no limit. A 2006 Short Term Housing Directory of Los Angeles County
document published by Shelter Partnership revealed that there is no uniform
number of beds. Factors such as length of stay, target population, size of
shelter, area devoted to services within the shelter structure, local regulations
and codes such as zoning will all affect the maximum bed count on a case by
case basis. However, several of the emergency shelters listed in the Shelter
Partnership directory serve 30 or around 30 individuals per night. Given the
potential for shelter development in the area identified for allowance without
discretion, staff believes that a maximum of 30 beds or individuals per night is
adequate to serve the local homeless population while not encouraging large
shelters that would conflict with the medium scale of commercial development in
Culver City. Also, the limit of 30 beds/individuals is not considered to be too
onerous (since many shelters in the Los Angeles area are already operating at
this limit) and there should be adequate opportunity to potentially locate in this
area of the City. For areas of the City were emergency shelters require a CUP,
the bed count will be established through the discretionary review process. For
comparison purposes, the Upward Bound House through the CUP approval is
limited to 55 beds.
EMERGENCY
SHELTERS
MAXIMUM NUMBER OF BEDS ALLOWED
City of Beverly Hills No Zone Text Language
City of Compton No Zone Text Language
City of Hermosa Beach No Zone Text Language
City of Huntington Park 30 beds/More than 30 beds requires CUP
City of Inglewood No Zone Text Language
City of Los Angeles No Limit
City of Mission Viejo 10 beds
City of Montebello No Zone Text Language
City of Pasadena* 10 beds outside of Commercial Zones
No limit within Commercial Zones
City of Santa Monica 40 beds
City of West Covina No Zone Text Language
ATTACHMENT 4
46 City of Culver City, California
Planning Commission Agenda Item Report
Page 6 of 9
Transitional and Supportive Housing
SB 2 requires that transitional and supportive housing be treated as residential
uses that are subject to only to those requirements that apply to other residential
uses of the same type in the same zone. The City must develop definitions,
standards and permitting procedures for these uses that are no more restrictive
than for other residential developments of the same type in the same zone, in
conformance with SB 2. For example a single family, duplex, triplex, or multi-
family use used as transitional or supportive housing must be treated the same
as any other single family, duplex, triplex, or other multi-family use. A key
nuance for supportive housing is that once a unit contains seven or more
residents then it is considered a residential care facility and can be subject to
discretionary review. In this case, the proposed ZCA will require supportive
housing containing 7 or more residents to be subject to a Conditional Use Permit
consistent with the requirement for residential care facilities with 7 or more
clients.
Transitional Housing
Consistent with State Health and Safety Code Section 50675.2(h), Transitional
Housing is temporary housing for a homeless individual or family transitioning to
permanent housing for stays of at least six (6) months. Housing can take several
forms including group housing or multi-family units, and may include supportive
services to allow for necessary life skills in support of independent living.
Further, Transitional Housing is considered a residential use of the same type as
similar residential uses allowed in the same zone the Transitional Housing is
located in and no special regulations can be imposed on the use that otherwise
would not be imposed on any other residential use.
As part of this amendment, Transitional Housing will be listed as an permitted
use with a footnote clarifying the use as residential in Zoning Code Sections
17.210.015.A, Table 2-2 (allowed uses in Residential Zones) and 17.220.015,
Table 2-5 (allowed uses in Commercial Zones). Parking Standards for
Transitional Housing will be listed in Section 17.320.020.H, Table 3-3 (parking
requirements by land use). The current definition of Residential Care Facility
(Section 17.700.010.R) will be revised to exclude Transitional Housing and a new
definition consistent with State housing law for Transitional Housing will be added
in the Definitions section (Section 17.700.010.T).
Supportive Housing
Consistent with State Health and Safety Code Section 50675.14(b), Supportive
Housing is housing with no limit on length of stay, that is occupied by the target
ATTACHMENT 4
47 City of Culver City, California
Planning Commission Agenda Item Report
Page 7 of 9
population as defined in State Health and Safety Code subdivision (d) of Section
53260, and that is linked to on or off-site services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and when possible, work in the community.
Further, Supportive Housing with 6 or fewer residents is considered a residential
use of the same type as similar residential uses allowed in the same zone the
supportive housing is located in and no special regulations can be imposed on
the use that otherwise would not be imposed on any other residential use.
Consistent with State Health and Safety Code Section 53260(d) a target
population is comprised of adults with low-income having one or more
disabilities, including mental illness, HIV or AIDS, substance abuse, or other
chronic health conditions, or individuals eligible for services provided under the
Lanterman Developmental Disabilities Services Act and may, among other
populations, include families with children, elderly persons, young adults aging
out of the foster care system, individuals exiting from institutional settings,
veterans, or homeless people.
As part of this amendment, Supportive Housing with 6 or fewer residents will be
listed as a permitted use with a footnote clarifying the use as residential; and
Supportive Housing with 7 or more residents listed as a conditional use in Zoning
Code Sections 17.210.015.A, Table 2-2 (allowed uses in Residential Zones) and
17.220.015, Table 2-5 (allowed uses in Commercial Zones). Parking Standards
for Supportive Housing will be listed in Section 17.320.020.H, Table 3-3 (parking
requirements by land use). A new definition consistent with State housing law for
Supportive Housing and Target Population will be added in the Definitions
section (Sections 17.700.010.S and 17.700.010.T).
Definition of Family
State law requires that there be no distinction in the definition of family between
related or unrelated people. Ideally, the definition should include one or more
persons, related or unrelated, living together in a dwelling unit, with common
access to, and common use of all living, kitchen, and eating areas within a
dwelling unit, including the joint use of common areas of the premises which they
occupy. As part of this amendment, a new definition consistent with State law for
Family will be added in the Definitions section (Section 17.700.010.F).
ATTACHMENT 4
48 City of Culver City, California
Planning Commission Agenda Item Report
Page 8 of 9
ENVIRONMENTAL DETERMINATION:
Pursuant to Sections 15162 and 15168 of the California Environmental Quality
Act (CEQA), ZCA P-2012006 is within the scope of the Culver City General Plan
Update Program EIR approved on September 24, 1996 (PEIR 1), the Culver City
Redevelopment Plan Amendment and Merger Program Subsequent EIR
approved on November 16, 1998 (PEIR 2), and the Negative Declaration
approved on June 7, 2010 for the 2008-2014 Housing Element Update. The
circumstances under which PEIR 1, PEIR 2, and Negative Declaration were
prepared have not significantly changed and no new significant information has
been found that would impact either PEIR 1, PEIR 2, and the Negative
Declaration and therefore no new environmental analysis is required.
CONCLUSION:
Consistent with State Housing Law and the Culver City Adopted and State
certified Housing Element, staff recommends the Commission recommend to the
City Council approval of proposed amendments as shown on Exhibit A of
Resolution No. Resolution No. 2012-P004 (Attachment 1). Staff believes that
direction from the Commission on the final recommended language should not
vary much from what is proposed. . Failure to provide a definition for family and
provide allowances and development standards for Emergency Shelters,
Supportive Housing, and Transitional Housing will place the City in non-
compliance with State Housing law and will subject the City to potential civil
litigation and greater scrutiny by HCD during the next Housing Element review
cycle (set to being in October of 2012 through October of 2013).
ALTERNATIVE OPTIONS:
The following alternative actions may be considered by the Planning
Commission:
1. Recommend that the City Council approve the proposed amendments if the
required findings for a Zoning Code Amendment can be made.
2. Recommend that the City Council approve the proposed amendments with
additional or different amendment language if deemed necessary to meet the
required findings for a Zoning Code Amendment.
3. Disapprove the amendment request if it does not meet the required findings.
4. Continue the Agenda Item and request staff to conduct additional analysis
prior to arriving at a final recommendation.
ATTACHMENT 4
49 City of Culver City, California
Planning Commission Agenda Item Report
Page 9 of 9
ATTACHMENTS:
1. Resolution No. 2012-P004
2. Exhibit A – Proposed Text Changes in “strikethrough/underline” format
3. Excerpt From Housing Element - Chapter V, Housing Programs
ATTACHMENT 4
50 City of Culver City, California
Planning Commission Agenda Item Report
Page 1 of 9
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 2013-P001 (Attachment No.
1) recommending to the City Council approval of Zoning Code Amendment, ZCA
P-2012040.
PROCEDURES:
1. Chair calls on staff for a brief staff report and Commission poses questions to
staff as desired.
2. Chair opens the public hearing, providing the general public the opportunity to
speak. Chair seeks a motion to close the public hearing after all testimony
has been presented.
3. Commission discusses the matter and arrives at its decision.
BACKGROUND:
California State housing law requires cities and counties to provide procedures
and standards that allow various types of housing options with the objective of
providing affordable housing for persons with special needs. Persons with
special needs include those in residential care facilities, persons with disabilities,
persons needing emergency shelters or transitional or supportive housing, and
those living in single room occupancy (SRO) units. The Zoning Code provides
procedures for residential care facilities but is lacking in appropriately addressing
persons with disabilities, persons needing emergency shelters or transitional or
supportive housing, and those living in single room occupancy (SRO) units.
The City of Culver City Housing Element for 2008-2014, was adopted by the City
Council on June 10, 2010 and certified by the State of California Department of
Meeting Date: February 13, 2013 Item Number: PH-1
AGENDA ITEM: Zoning Code Amendment, ZCA P-2012006: Consideration of
Zoning Code Text Amendments Affecting Single Room Occupancy Housing,
Reasonable Accommodations, and Defini tion of Family. (Continued From
January 23, 2013)
Contact Person/Dept.: Jose Mendivil,
Associate Planner
Phone Number: (310) 253-5757
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Publication in Culver City News (January 10, 2013). Mailed to the
Always List (January 10, 2013), Emailed to the Master Notification List (January 10,
2013).
Planning Approval: Thomas Gorham,
Planning Manager
Department Approval: Sol Blumenfeld,
Community Development Director
ATTACHMENT 5
51 City of Culver City, California
Planning Commission Agenda Item Report
Page 2 of 9
Housing and Community Development (HCD) in August 11, 2010. The Housing
Element includes the following measures to amend the Zoning Code: include
reference to and procedures for SRO’s (Measure 2K); incorporate State
requirements for emergency shelters, transitional housing and supportive
housing (Measure 2L); provide for a definition of family (Measure 2M) that is
consistent with fair housing law; and provide reasonable accommodation
procedures for persons with disabilities (Measure 2N) (Attachment No. 3).
On February 22, 2012, the Planning Commission approved Zoning Code
Amendment ZCA P-2012006 recommending amendments to the Zoning Code
that address Measure 2L – emergency shelters and transitional and supportive
housing. The proposed ZCA presented herein addresses Housing Element
Measures 2K (SRO’s), 2M (definition of “family”), and 2N (Reasonable
Accommodation Procedures).
DISCUSSION:
Proposed text changes are outlined in Exhibit A (Attachment No. 2) in
“strikethrough/underline” format and as described below:
Single Room Occupancy Housing
Single Room Occupancy Housing (SRO) is a dwelling type that pursuant to HCD
definitions is a small residential unit between 200 to 350 square feet located in a
multi-family building. These dwelling units may have full kitchen or full bathroom
facilities and are offered on a monthly basis or longer. These units provide a
valuable source of affordable housing for lower-income individuals, seniors, and
persons with disabilities and can serve as an entry point into the housing market
for formerly homeless people. In order to ensure that this type of housing is
available as an affordable housing tool, HCD has required that cities include
Housing Element measures that commit cities to amending zoning codes to
identify SRO units as a specific land use with its own definition and allowance
procedure.
Nothing in State or Federal housing law prohibits a local jurisdiction from
requiring a discretionary review as part of the SRO development process.
Further, specific development standards different from multi-family housing can
be imposed. Given the small size of SRO units (200-350 square feet), they
typically have a high density per acre and as such, would not fit in with the
character of the City’s residentially zoned neighborhoods which are characterized
by low to medium density development. Given, the relative high density of an
SRO development the appropriate zone to permit them would be a commercial
ATTACHMENT 5
52 City of Culver City, California
Planning Commission Agenda Item Report
Page 3 of 9
zone where high density residential development is allowed as part of a mixed
use project. Since stand-alone residential development is not permitted in the
commercial zones the proposed text amendments would allow SRO units only as
part of a mixed use development in the same commercial zones where mixed
use projects are permitted: Commercial Neighborhood (CN); Commercial
General (CG); Community Commercial (CC) and Commercial Downtown (CD)
zones. Housing is not permitted in the Industrial zones.
Specific development standards for SRO units are proposed in new Zoning Code
Section 17.400.106 as outlined in Exhibit A and as follows:
A. Location. Single Room Occupancy (SRO) units shall only be located in a
Mixed Use Project and shall be subject to all applicable provision of
Section 17.400.065 (Mixed Use Development Standards)
B. Density. SRO residential density shall not exceed the density standards
as may be permitted in Section 17.400.065 (Mixed Use Development
Standards) and in no case shall the number of SRO units exceed more
than 25% of a Mixed Use Project’s total number of residential units.
C. Unit Size. The minimum size of an SRO unit shall be 200 square feet
and the maximum size shall be 350 square feet.
D. Kitchen Facilities. Each SRO unit shall be equipped with a kitchen sink
with a garbage disposal and a counter top measuring a minimum of 48
inches wide by 24 inches deep; and shall be provided with a minimum of
a refrigerator and a microwave oven.
E. Bathroom Facilities. Each SRO unit shall include a bathroom with a toilet
and a shower stall in an enclosed compartment with a door. The
bathroom shall be a minimum of 25 square feet in area.
F. Open Space. Each SRO unit shall be provided with open space in
compliance with Section 17.400.065 (Mixed Use Development
Standards).
G. Parking. One parking space shall be provided for each SRO unit.
H. Occupancy. SRO units shall be occupied by no more than two persons
and shall be offered on a monthly rental basis or longer.
ATTACHMENT 5
53 City of Culver City, California
Planning Commission Agenda Item Report
Page 4 of 9
Hypothetical Development
Using the approved Washington Boulevard/Marcasel Avenue mixed use project
as an example, incorporating SRO units within the project would yield 7 SRO
units within the 30 dwelling unit approved mixed use project:
Originally approved project: 30 units at 50 dwelling units per acre.
SRO Component: 7 of 30 units (25% X 30 = 7.5).*
*The Zoning Code requires that when fractional remainders result in dwelling unit density calculations, the result of the
calculation must be rounded down to the next whole number regardless of whether or not the fraction is above or below
0.5.
These units would be required to be designed so that they are compatible with
the rest of the mixed use project and will be subject to all applicable mixed used
development standards.
Exhibit A (Attachment 2) contains the proposed zoning text changes regarding
SRO’s as follows: Zoning Code Section 17.220.015, Table 2-5 (allowed uses in
Commercial Zones); Parking Standards for SRO units are listed in Section
17.320.020.H, Table 3-3 (parking requirements by land use); Specific standards
for SRO units will be added to Article 4 – Standards for Specific Land Uses – and
will include Section 17.400.106 that provides standards as noted above; and a
new definition for SRO units will be added in the Definitions section (Section
17.700.010.S).
Reasonable Accommodation Procedures
A series of Federal and State laws have been enacted over the past several
decades to prohibit housing discrimination against individuals with disabilities.
Both the Federal Fair Housing Amendments Act of 1988 (FHAA) and the
California Fair Employment and Housing Act (FEHA) define discrimination as,
among other things, a refusal to make reasonable accommodations in rules,
policies, practices, or services, when these accommodations may be necessary
to afford an individual with a disability equal opportunity to use and enjoy a
dwelling. Subsequent legislation expands upon the intent of the fair housing
laws. The State Housing Element law (65583(c)(3)) requires local housing
elements to include programs that “provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for,
persons with disabilities.” In May 2001, the State Attorney General issued a
letter (Attachment No. 4) to local governments advising of their affirmative duty
under fair housing laws to provide reasonable accommodation and encouraging
ATTACHMENT 5
54 City of Culver City, California
Planning Commission Agenda Item Report
Page 5 of 9
local governments to establish prompt and efficient processes for handling such
requests.
Reasonable Accommodation means a waiver or modification to regulations,
policies, procedures and standards that may be necessary for a person with a
disability to have an equal opportunity to use and enjoy a residential use. State
and Federal fair housing laws require that cities and counties provide this
flexibility where the requested accommodation is reasonable and necessary
under the law. Examples of reasonable accommodations include the following:
• An elevator in a townhome is needed that encroaches into the required
garage parking spaces. Reasonable accommodation is requested to allow a
reduction in the parking space size requirement.
• A handicapped ramp needs to encroach further into a setback than what is
typically allowed for stairs and ramps. Reasonable accommodation is
requested to waive the setback requirement.
• A wheelchair-bound person has a van and other equipment related to his
disability that he needs to have available at his home. He wants to build a
garage and storage area to accommodate the van and equipment.
Unfortunately, the proposed garage exceeds the allowable square footage
and height for an accessory structure. Reasonable accommodation is
requested to exceed the development standard.
• An individual who is mobility impaired cannot go up the stairs anymore and
needs to add a first floor bedroom or bathroom. This would require that the
home’s footprint expand into a side yard setback. Reasonable
accommodation is requested to waive the setback requirement.
In the last HCD review of the City’s Housing Element, HCD required the City to
include a measure (Measure 2N) that would commit the City to adopting a
reasonable accommodations procedure thereby assuring the Zoning Code’s
further compliance with Federal and State fair housing legislation and policies.
The proposed amendment creates an administrative procedure for individuals
with disabilities to request reasonable accommodation from zoning regulations
when those regulations are a barrier to equal housing access. The proposed
amendment would create a procedure that allows an individual with a disability to
request relief from any land use regulation in the Zoning Code that if
implemented, would not allow that person to use the property in a manner equal
to those property owners that do not have disabilities. Relief from Zoning Code
ATTACHMENT 5
55 City of Culver City, California
Planning Commission Agenda Item Report
Page 6 of 9
regulations would only apply to residential uses (either in residential zones or in
commercial zones). Definitions for disability, individual with a disability, and
reasonable accommodations that are consistent with state and/or federal law are
also included in the proposed text language and will be added to the definitions
section of the Zoning Code.
Reasonable Accommodation request will be processed similar an Administrative
Modification. Noticing requirements will be the same as that required for
Administrative Modifications (all property owners and occupants adjacent to the
subject property for a 15 day public comment period). The Director will conduct
an administrative review of the request and render a written decision based on
the findings as noted in the draft text language. The administrative decision
could be appealed to the Planning Commission and/or City Council.
The State regulations permit the City to impose conditions on any reasonable
accommodation and the proposed amendments include as a condition of any
reasonable accommodation a covenant may be required of the property owner
acknowledging and agreeing to comply with the terms and conditions established
in the decision. The covenant shall be required if the Director finds that a
covenant is necessary to provide notice to future owners that a reasonable
accommodation has been approved. This may result in certain structures
installed to make properties accessible to persons with disabilities to be removed
once that structure is no longer needed. This requirement ensures that the
accommodation is tied to the person(s) for whom it was granted, and that it does
not run with the land. Any accommodation granted in regard to relief from
development standards of the Zoning Code would be considered a legal
nonconforming use or structure and may continue to be used and maintained by
the individual with a disability for the duration of his or her tenancy in the
dwelling. However, within 60 days of the termination of the tenancy by the
individual with a disability, the Reasonable Accommodation shall be removed
unless the Director finds that the modification is physically integrated into the
property and cannot feasibly be removed or altered, or if a subsequent property
owner applies for and is granted the same accommodation, the new property
owner will be required to bring the property into compliance with applicable
zoning regulations. These provisions are consistent with State requirements and
have been adopted by other cities.
Exhibit A (Attachment 2) contains the proposed zoning text changes regarding
Reasonable Accommodations as follows: Reasonable Accommodations
Procedures will be added to Article 5 – Land Use and Development Permit
Procedures – of the Zoning Code, specifically, Chapter 17.550 – Variances and
Administrative Modifications - will be amended to include language addressing
Reasonable Accommodations; ); Table 5-1 (Review Authority); Table 6-3 (Mailed
ATTACHMENT 5
56 City of Culver City, California
Planning Commission Agenda Item Report
Page 7 of 9
Notification Requirements for Administrative Discretionary Review Applications);
and Sections 17.700.010.D, I and R will be amended to include definitions for
“Disability”, “Individual with a Disability”, and “Reasonable Accommodations” that
are consistent with State Law and ensure the Reasonable Accommodation is
granted to an individual or individuals with a true disability.
Definition of Family
State law requires that there be no distinction in the definition of family between
related or unrelated people. Ideally, the definition should include one or more
persons, related or unrelated, living together in a dwelling unit, with common
access to, and common use of all living, kitchen, and eating areas within a
dwelling unit, including the joint use of common areas of the premises which they
occupy.
After the February 22, 2012 Planning Commission meeting wherein the Planning
Commission asked this issue be carried over to the second set of Housing
Element related amendments, staff conducted a survey of eleven (11) different
cities with definitions for family. All these definitions included language that
defined family as an individual or 2 or more persons related, or not related, by
blood and living together. Beyond that cities varied in their definitions with some
cities including a maximum number of people per household and other cities
adding other words to the definition that required their own definition.
The key concern by the Planning Commission is a definition for family that is too
broad which could invite an abuse of residential development standards such as
establishment of boarding houses without proper review (resulting in negative
impacts to single family neighborhoods). Planning staff in conjunction with the
City Attorney’s office has crafted a definition for family that addresses HCD’s
concern that the definition not discriminate against unrelated people living
together while narrowing the scope of the definition. The definition of family
recommended by staff is as follows:
Family. One or more persons living together in a dwelling unit and functioning
as a single housekeeping unit, with common access to, and common use of all
living, kitchen, and eating areas within the dwelling unit. A “single housekeeping
unit” is evidenced by an intentionally structured nontransient relationship
between occupants of a dwelling unit who share household activities and
responsibilities (e.g., meals, chores and expenses).
The clarification of single housekeeping unit focuses the definition to a collection
of people that are intimately related to each other. This clarification further
ATTACHMENT 5
57 City of Culver City, California
Planning Commission Agenda Item Report
Page 8 of 9
reduces the potential for the definition to be applied to renters living independent
of each other under the same roof as may be found in a boarding house.
Exhibit A (Attachment 2) contains the proposed zoning text changes regarding a
new definition for Family which will be added in the Definitions section (Section
17.700.010.F).
ENVIRONMENTAL DETERMINATION:
Pursuant to Sections 15162 and 15168 of the California Environmental Quality
Act (CEQA), ZCA P-2012040 is within the scope of the Culver City General Plan
Update Program EIR approved on September 24, 1996 (PEIR 1), the Culver City
Redevelopment Plan Amendment and Merger Program Subsequent EIR
approved on November 16, 1998 (PEIR 2), and the Negative Declaration
approved on June 7, 2010 for the 2008-2014 Housing Element Update. The
circumstances under which PEIR 1, PEIR 2, and Negative Declaration were
prepared have not significantly changed and no new significant information has
been found that would impact either PEIR 1, PEIR 2, and the Negative
Declaration and therefore no new environmental analysis is required.
CONCLUSION:
Consistent with State Housing Law and the Culver City Adopted and State
certified Housing Element, staff recommends the Commission recommend to the
City Council approval of proposed amendments as shown on Exhibit A of
Resolution No. Resolution No. 2013-P001 (Attachment 1). Staff believes that
direction from the Commission on the final recommended language should not
vary much from what is proposed. Failure to provide a definition for family; to
provide allowances, procedures, and development standards for SRO’s; and
provide a reasonable accommodation procedures for persons with disabilities will
place the City in non-compliance with State Housing law and will subject the City
to potential civil litigation and greater scrutiny by HCD during the next Housing
Element review cycle (set to begin in October of 2013 through October of 2014).
ATTACHMENT 5
58 City of Culver City, California
Planning Commission Agenda Item Report
Page 9 of 9
ALTERNATIVE OPTIONS:
The following alternative actions may be considered by the Planning
Commission:
1. Recommend that the City Council approve the proposed amendments if the
required findings for a Zoning Code Amendment can be made.
2. Recommend that the City Council approve the proposed amendments with
additional or different amendment language if deemed necessary to meet the
required findings for a Zoning Code Amendment.
3. Disapprove the amendment request if it does not meet the required findings.
4. Continue the Agenda Item and request staff to conduct additional analysis
prior to arriving at a final recommendation.
ATTACHMENTS:
1. Resolution No. 2013-P001
2. Exhibit A – Proposed Text Changes in “strikethrough/underline” format
3. Excerpt From Housing Element - Chapter V, Housing Programs
4. State of California Office of the Attorney General May 15, 2001, Letter to
California Mayors on Reasonable Accommodations
ATTACHMENT 5
59
REGULAR MEETING February 22, 2012
OF THE PLANNING COMMISSION 7:00 p.m.
CITY OF CULVER CITY,
CALIFORNIA
Call to Order & Roll Call
The meeting of the Planning Commission was called to order
at 7:06 p.m.
Present: Anthony Pleskow, Chair
Scott Wyant, Vice Chair
John Kuechle, Commissioner
Marcus Tiggs, Commissioner
Linda Smith Frost, Commissioner
o0o
Pledge of Allegiance
Thomas Gorham, Planning Manager, led the Pledge of
Allegiance.
o0o
Comments for Items NOT on the Agenda
Chair Pleskow invited public participation
No cards were received and no speakers came forward.
o0o
Public Hearing
Item PH-1
Zoning Code Amendment, ZCA P-2012006: Consideration of
Zoning Code Text Amendments Affecting Emergency
Transitional Housing, Supportive Housing and Definition of
Family
Jose Mendivil, Associate Planner, provided a summary of the
material of record and clarified that the one property west
of the creek would not be included.
ATTACHMENT 6
60Planning Commission Minutes
February 22, 2012
Page 2 of 6
Sol Blumenfeld, Community Development Director, discussed
survey information; the subcommittee; the overlay process
used to identify the area; and relative land uses.
Thomas Gorham, Planning Manager, noted that there would not
be clusters of these sites as they cannot be closer than
300 feet from each other.
Sol Blumenfeld, Community Development Director, discussed
the imposed distance requirement; he clarified that the
area is serviced by bus routes; and he discussed an
additional development standard requirement relative to
operations ultimately affecting the physical layout of the
facilities and a recommended a requirement for separate
sleeping areas for those without dependent children and
those with dependent children.
Thomas Gorham, Planning Manager, noted that information was
provided to Commissioners regarding Emergency Shelter
Provider Development Standards indicating that facilities
providing shelter to two or more population groups shall
provide separate sleeping areas for each group.
Chair Pleskow invited public comment.
The following member of the audience addressed the
Commission:
Cary Anderson expressed concern that there were no agendas
or speaker cards available for the public; he discussed
supportive housing; parking issues created by a facility in
a residential area with nine beds; the experience of his
neighbor who had to provide additional parking spaces when
he remodeled; and he felt the facilities should have to
abide by parking requirements just as others in the City
do.
Sol Blumenfeld, Community Development Director, clarified
that the Commission could not circumvent SB2 requirements
and those requirements preempt zoning requirements; he
discussed rehabilitation of a private single family home;
and minimum sizes and acreage.
Thomas Gorham, Planning Manager, discussed minimum sizes;
parking requirements; transitional housing; acreage;
residential care facilities; Conditional Use Permits; and
consistency with residential care facilities.
ATTACHMENT 6
61Planning Commission Minutes
February 22, 2012
Page 3 of 6
A discussion ensued between staff and Commissioners
regarding the existing situation; staff agreement to
further investigate; concern with other violations in
addition to the parking issue; clarification regarding the
number of allowable units; compliance; the issue of what to
do moving forward; clarification that the state of
California is directing the City to take action; parking
requirements; the Housing Element; whether emergency
shelter occupants drive their own cars or mostly rely on
public transit; concern with setting a precedent; state
requirements; looking at parking policies; additional
research on supportive housing to determine how significant
an issue parking is; taking supportive housing out of the
broader definition of residential care facilities; an
observation that residential care facilities are businesses
and not single family dwellings; the experience of other
cities; the definition of family; turnover of occupants;
clarification that there is no limit on length of stay for
supportive housing; different needs of clients using
supportive housing; consistency with state law; the
facility cited by Cary Anderson; City regulation and the
privacy of the individual; restrictions on unlicensed vs.
licensed facilities; concern with a potential perception of
discrimination; civil litigation as a result of non-
compliance with state housing; clarification that the
matter will be reviewed in eight months; Operating
Standards; the importance of compliance with Regional
Housing Needs Standards; development standards and
locational requirements; potential sites; transitional
housing vs. supportive housing; the target population;
rigorous standards for emergency shelters; clarification
that statutory requirements for 6 or fewer supportive
housing are set out by state statute and can not be
superceded; clarification that no change of use would be
authorized by the action; onsite security; and the
importance of having speaker cards and agendas available at
meetings.
MOVED BY COMMISSIONER KUECHLE, SECONDED BY CHAIR PLESKOW,
AND UNANIMOUSLY CARRIED THAT THE PLANNING COMMISSION CLOSE
THE PUBLIC HEARING.
Additional discussion ensued between staff and the
Commission regarding appreciation to staff for their
handling of intrusive state law and minimization of chances
of unfortunate consequences; transitional housing; concern
ATTACHMENT 6
62Planning Commission Minutes
February 22, 2012
Page 4 of 6
with the lack of options for the City; occupancy limits;
latitude of the City; the definition of family; single
housekeeping units; maintaining state compliance; the state
response to the original Housing Element; the process for
amending the zoning code; the Adamson case; keeping the
definition of family consistent with state law;
enforcement; potential exposure; the transiency factor;
further code amendments; modifications to the paragraph in
Exhibit A that defines family; whether the City could have
allowed for less beds; most appropriate locations for
shelters; and lot size.
MOVED BY COMMISSIONER KUECHLE AND SECONDED BY VICE CHAIR
WYANT THAT THE PLANNING COMMISSION APPROVE ZONING CODE
AMENDMENT ZCA P-2012006 WITH THE ADDITION OF PARAGRAPH 1
UNDER EMERGENCY SHELTER PROVIDER REGARDING SEPARATE
BEDROOMS THAT WAS PREVIOUSLY DISTRIBUTED TO THE COMMISSION
AND WITH THE DELETION OF THE DEFINITION OF FAMILY.
Heather Baker, Assistant City Attorney, asked that in the
language added by staff, the word homeless be changed to
read: men, women, and families with children.
A discussion ensued between staff and the Commission
regarding different populations served by emergency
shelters and groups with separate bedrooms.
THE MOTION CARRIED UNANIMOUSLY.
o0o
Consent Calendar
Item C-1
Secretary’s Report
MOVED BY COMMISSIONER KUECHLE, SECONDED BY COMMISSIONER
TIGGS, AND UNANIMOUSLY CARRIED THAT THE PLANNING COMMISSION
RECEIVE AND FILE THE REPORT OF THE SECRETARY REGARDING
POSTING OF THE AGENDA FOR THIS MEETING.
o0o
Items from Staff
ATTACHMENT 6
63Planning Commission Minutes
February 22, 2012
Page 5 of 6
Thomas Gorham, Planning Manager, discussed the schedule of
upcoming meetings and agenda items.
o0o
Items from Commissioners
None.
o0o
Adjournment
There being no further business, at 8:32 p.m. the Culver
City Planning Commission adjourned to the next regular
meeting on Wednesday, March 14, 2012, at 7:00 p.m. in the
Mike Balkman Council Chambers.
o0o
YVONNE D. HUNT
SECRETARY of the CULVER CITY PLANNING COMMISSION
APPROVED ____________________
ANTHONY PLESKOW
CHAIR of the CULVER CITY PLANNING COMMISSION
City of Culver City, California
I declare under penalty of perjury under the laws of the
State of California that, on the date below written, these
minutes were filed in the Office of the City Clerk, City of
Culver City, California and constitute the Official Minutes
of said meeting.
ATTACHMENT 6
64Planning Commission Minutes
February 22, 2012
Page 6 of 6
_________________________ _________________________
Martin R. Cole Date
CITY CLERK
By: ____________________
Ela Valladares
Deputy City Clerk
ATTACHMENT 6
6566
ATTACHMENT 7 ATTACHMENT 7
67 ATTACHMENT 7
68 ATTACHMENT 7
69 ATTACHMENT 7
70 ATTACHMENT 8
71 72 73 74 75 ATTACHMENT 8
76 CHMENT 8
77 78 79 1300 I STREET SUITE 1740 SACRAMENTO, CALIFORNIA 95814 916-324-5437
STATE OF CALIFORNIA
OFFICE OF THE ATTORNEY GENERAL
BILL LOCKYER
ATTORNEY GENERAL
May 15, 2001
To: All California Mayors:
Re: Adoption of A Reasonable Accommodation Procedure
Both the federal Fair Housing Act (“FHA”) and the California Fair Employment and
Housing Act (“FEHA”) impose an affirmative duty on local governments to make reasonable
accommodations (i.e., modifications or exceptions) in their zoning laws and other land use
regulations and practices when such accommodations “may be necessary to afford” disabled
persons “an equal opportunity to use and enjoy a dwelling.” (42 U.S.C. § 3604(f)(3)(B); see also
Gov. Code, §§ 12927(c)(1), 12955(1).|1010| Although this mandate has been in existence for some
years now, it is our understanding that only two or three local jurisdictions in California provide
a process specifically designed for people with disabilities and other eligible persons to utilize in
making such requests. In my capacity as Attorney General of the State of California, I share
responsibility for the enforcement of the FEHA’s reasonable accommodations requirement with
the Department of Fair Employment and Housing. Accordingly, I am writing to encourage your
jurisdiction to adopt a procedure for handling such requests and to make its availability known
within your community. |1010|
_______________________
|1010|Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12131-65) and section 504
of the Rehabilitation Act (29 U.S.C. § 794) have also been found to apply to zoning ordinances
and to require local jurisdictions to make reasonable accommodations in their requirements in
certain circumstances. (See Bay Area Addiction Research v. City of Antioch (9th Cir. 1999) 179
F.3d 725; see also 28 C.F.R. § 35.130(b)(7) (1997).)
2
A similar appeal has been issued by the agencies responsible for enforcement of the
FHA. (See Joint Statement of the Department of Justice and the Department of Housing and
Urban Development, Group Homes, Local Land Use and the Fair Housing Act (Aug. 18, 1999),
p. 4, at < http://www.bazelon.org/cpthalcpfha.html> [as of February 27, 2001].)
ATTACHMENT 9
811300 I STREET SUITE 1740 SACRAMENTO, CALIFORNIA 95814 916-324-5437
May 15,2001
Page 2
It is becoming increasingly important that a process be made available for handling such
requests that operates promptly and efficiently. A report issued in 1999 by the California
Independent Living Council makes it abundantly clear that the need for accessible and affordable
housing for Californians with disabilities will increase significantly over the course of the
present decade.
3
The reports major findings include the following:
• Between 1999 and 2010, the number of Californians with some form of physical or
psychological disability is expected to increase by at least19 percent, from approximately
6.6 million to 7.8 million, and may rise as high as 11.2 million. The number with severe
disabilities is expected to increase at approximately the same rate, from 3.1 million to 3.7
million, and may reach 63 million.
4
Further, most of this increase will likely be
concentrated in California’s nine largest counties.|1010|
• If the percentages of this population who live in community settings—that is, in private
homes or apartments (roughly 66.4 percent) and group homes (approximately 10.8
percent)—is to be maintained, there will have to be a substantial expansion in the stock of
suitable housing in the next decade. The projected growth of this population translates
into a need to accommodate an additional 800,000 to 3.1 million people with disabilities
in affordable and accessible private residences or apartments and an additional 100,000 to
500,000 in group homes.
I recognize that many jurisdictions currently handle requests by people with disabilities
for relief from the strict terms of their zoning ordinances pursuant to existing variance or
conditional use permit procedures. I also recognize that several courts called upon to address the
matter have concluded that requiring people with disabilities to utilize existing, non-
_________________________
3
See Tootelian & Gaedeke, The Impact of Housing Availability, Accessibility, and
4ffordability On People With Disabilities (April 1999) at
[as of Febrnaiy 27, 2001].
4
The lower projections are based on the assumption that the percentage of California
residents with disabilities will remain constant over time, at approximately 19 percent (i.e., one
in every five) overall, with about 9.2 percent having severe disabilities. The higher figures,
reflecting adjustments for the aging of the state’s population and the higher proportion of the
elderly who are disabled, assume that these percentages will increase to around 28 percent (i.e.,
one in every four) overall, with 16 percent having severe disabilities. (Ibid.)
5
These are: Alameda, Contra Costa, Los Angeles, Orange, Riverside, Sacramento, San
Bernardino, San Diego•, and Santa Clara. (ibid.)
ATTACHMENT 9
821300 I STREET SUITE 1740 SACRAMENTO, CALIFORNIA 95814 916-324-5437
May 15, 2001
Page 3
discriminatory procedures such as these is not of itself a violation of the FHA.
6
Several
considerations counsel against exclusive reliance on these alternative procedures, however.
Chief among these is the increased risk of wrongfully denying a disabled applicanf s
request for relief and incurring the consequent liability for monetary damages, penalties,
attorneys’ fees, and costs which violations of the state and federal fair housing laws often entail.|1010|
This risk exists because the criteria for determining whether to grant a variance or conditional
use permit typically differ from those which govern the determination whether a requested
accommodation is reasonable within the meaning of the fair housing laws.|1010|
Thus, municipalities relying upon these alternative procedures have found themselves in
the position of having refused to approve a project as a result of considerations which, while
sufficient to justify the refusal under the criteria applicable to grant of a variance or conditional
use permit, were insufficient to justify the denial when judged in light of the fair housing laws’
reasonable accommodations mandate. (See, e.g., Hovsons Inc. v. Township of Brick (3rd Cir.
1996) 89 F.3d 1096 (township found to have violated the FHA’s reasonable accommodation
mandate in refusing to grant a conditional use permit to allow construction of a nursing home in
a “Rural Residential—Adult Community Zone” despite the fact that the denial was sustained by
the state courts under applicable zoning criteria); Trovato v. City of Manchester, N.H (D.N.H.
1997) 992 F.Supp. 493 (city which denied disabled applicants permission to build a paved
parking space in front of their home because of their failure to meet state law requirements for a
variance found to have violated the FHA’s reasonable accommodation mandate).
________________________
|1010|See, US. v. Village of Palatine, III. (7th Cir. 1994)37 F.3d 1230, 1234; Oxford House,
Inc. v. City of VIrginia Beach (E.D.Va. 1993) 825 F.Supp. 1251, 1262; see generally Annot.
(1998) 148 A.L.R. Fed. 1,115-121, and later cases (2000 pocketsupp.)P. 4.)
|1010|See 42 U.S.C. § 3604(f)(3)(B); Gov. Code, §§ 12987(a), 12989.3(f).
|1010|Under the FHA, an accommodation is deemed “reasonable” so long as it does not
impose “undue financial and administrative burdens” on the municipality or require a
“fundamental alteration in the nature” of its zoning scheme. (See, e.g., City of Edmonds v.
Washington State Bldg. Code Council (9th Cu. 1994)18 F3d 802, 806; Turning Point, Inc. v. City
of Caldwell (9th Cir. 1996)74 F.3d 941; Hovsons, Inc. v. Township of Brick (3rd Cir. 1996) 89
F.3d 1096, 1104; Smith & Lee Associates, Inc. v. City of Taylor, Michigan (6th Cir. 1996) 102
F.3d 781, 795; Erdman v. City of Fort Atkinson (7th Cir. 1996) 84 F.3d 960; Shapiro v. Cadman
Towers, Inc. (2d Cir. 1995) 51 F.3d 328,334; see also Gov. Code, § 12955.6 [explicitly declaring
that the FEHA’s housing discrimination provisions shall be construed to afford people with
disabilities, among others, no lesser rights or remedies than the FHA].)
ATTACHMENT 9
831300 I STREET SUITE 1740 SACRAMENTO, CALIFORNIA 95814 916-324-5437
May 15, 2001
Page 4
Further, and perhaps even more importantly, it may well be that reliance on these
alternative procedures, with their different governing criteria, serves at least in some
circumstances to encourage community opposition to projects involving desperately needed
housing for the disabled. As you are well aware, opposition to such housing is often grounded on
stereotypical assumptions about people with disabilities and apparently equally unfounded
concerns about the impact of such homes on surrounding property values.
9
Moreover, once
triggered, it is difficult to quell. Yet this is the very type of opposition that, for example, the
typical conditional use permit procedure, with its general health, safety, and welfare standard,
would seem rather predictably to invite, whereas a procedure conducted pursuant to the more
focused criteria applicable to the reasonable accommodation determination would not.
For these reasons, I urge your jurisdiction to amend your zoning ordinances to include a
procedure for handling requests for reasonable accommodation made pursuant to the fair housing
laws. This task is not a burdensome one. Examples of reasonable accommodation ordinances are
easily attainable from jurisdictions which have already taken this step
10
and from various
nonprofit groups which provide services to people with disabilities, among others.
11
It is,
however, an important one. By taking this one, relatively simple step, you can help to ensure the
inclusion in our communities of those among us who are disabled.
Sincerely,
(To see a copy of his signature go to: http://ag.ca.gov/civilrights/pdf/reasonab_1.pdf)
BILL LOCKYER
Attorney General
__________________________
|10 10|Numerous studies support the conclusion that such concerns about property values are
misplaced. (See Lauber, A Real LULU: Zoning for GroupHomes and Halfwqy Houses Under
The Fair Housing Amendinents Act of 1988 (Winter 1996)29 J. Marshall L. Rev. 369, 384-385
& fn. 50 (reporting that there are more than fifty such studies, all of which found no effect on
property values, even for the homes immediately adjacent).) A compendium of these studies,
many of which also document the lack of any foundation for other commonly expressed fears
about housing for people with disabilities, is available. (See Council of Planning Libiarians,
There Goes the Neighborhood. . . A Summary of Studies Addressing the Most Often Expressed
Fears about the Effects Of Group Homes on Neighborhoods in which They Are Placed
(Bibliography No. 259) (Apr. 1990).)
10
Within California, these include the cities of Long Beach and San Jose.
11
Mental Health Advocacy Services, Inc., of Los Angeles for example, maintains a
collection of reasonable accommodations ordinances, copies of which are available upon
request.
ATTACHMENT 9
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