Planning Community Development Department Zoning Code and Specific

Planning & Community Development Department Zoning Code and Specific Plan Text Amendments Related to Special Needs Housing (Licensed residential Care Facilities with Six or Fewer Persons, Transitional Housing, and Supportive Housing) City Council January 30, 2017

Tonight’s Meeting Planning & Community Development Department • Purpose > To align the City’s Zoning Code and all existing specific plans with the State Law requirements related to licensed residential care facilities with six or fewer persons, transitional housing, and supportive housing § Implementation of two Housing Element Programs #19. 3 and #22. 2 Hillsides 2

State Housing Law Planning & Community Development Department • Over the past decade, the State Housing Law has been amended to address special needs housing that serves the elderly, persons with disabilities, homeless persons and persons at risk of being homeless • Types of special needs housing: > Emergency Shelters > Transitional Housing > Supportive Housing Hillsides > Residential Care Facilities • Cities are required to amend the Zoning Code in order to be consistent with the State Law 3

State Housing Law Planning & Community Development Department • Senate Bill 2 (2008) > Amended the Housing Element Law regarding planning and approval process for emergency shelters, transitional housing, and supportive housing to encourage and facilitate development of these types of special needs housing > Requires changes to local zoning codes to: Hillsides § Allow emergency shelters as a by-right permitted use so there is a sufficient capacity to accommodate the need § Recognize transitional and supportive housing as residential uses § Require transitional and supportive housing to be treated in the same manner as other residential uses 4

Housing Element Programs Planning & Community Development Department • Reviewed by The Planning Commission in January 2014, and adopted by the City Council in February 2014 • Three action items related to addressing special needs housing: > Program related to emergency shelters (#22. 3) was completed in December 2013 (in conjunction with the Housing Element preparation) > Two remaining programs: Hillsides § #19. 3: Review Zoning Code to ensure residential care facilities serving six of fewer persons are allowed in appropriate zones consistent with state law. § #22. 2: Update Zoning Code to allow transitional and permanent supportive housing in all zones allowing residential uses subject to the same standards as to housing of the same type in the same zone. 5

Transitional and Supportive Housing Planning & Community Development Department • State Law Requirements > Definitions: § Transitional Housing - “Buildings configured as rental housing, but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some future point in time (no less than 6 months)” Hillsides § Supportive Housing - “Housing with no limit on length of stay, occupied by target population, and that is linked to onsite or offsite services that assist the resident” > Must be considered as a residential use, subject to same standards as other residential dwellings in the same zone > Must be allowed by-right in all zones where housing is permitted 6

Transitional and Supportive Housing Planning & Community Development Department • Existing City Regulations > Transitional Housing § “Transition Housing”: A facility that provides housing at no cost for homeless individuals, in which residents stay longer than overnight (may include support services). § Land use regulation » Currently permitted in RM residential zones, and limited commercial zones (i. e. CL and CO) » In specific plan areas, this use is generally permitted in areas that are designated with RM, CL, or CO base zoning districts with a few exceptions § Two covered parking spaces per unit required > Supportive Housing § Not defined - there is no adopted land use regulations or parking standards 7

Transitional and Supportive Housing Planning & Community Development Department • Discrepancies with the State Law > Transitional Housing § Existing definition does not match State’s definition § This use is not permitted in a number of zoning districts that currently allow housing § Parking requirements mirror the parking standards applicable to singlefamily residences > Supportive Housing § Zoning Code does not define or provide development standards for supportive housing 8

Transitional and Supportive Housing Planning & Community Development Department • Proposed Amendments to conform to the State Law > Transitional Housing § Modification of existing definition to match State definition » Establish minimum length of stay » Require recirculation to another program recipient at a predetermined future point in time § Designate as either a by-right use or a conditionally permitted use in 20 additional zoning districts that currently permit housing § Modification of parking requirements to apply the same standards applicable to the type of housing that the use occupies 9

Transitional and Supportive Housing Planning & Community Development Department • Proposed Amendments to conform to the State Law > Supportive Housing § Addition of a new land use definition for supportive housing that matches the State definition » “Housing with no limit on length of stay, that is occupied by the target population as defined by the state Government Code Section 65582, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or health status, and maximizing his or her ability to live and, when possible, work in the community. ” § Establish the supportive housing as either a by-right use or a conditionally permitted use in 41 zoning districts > Establish a new parking standard for supportive housing, where supportive housing will be subject to the same standards applicable to the type of housing that the use occupies 10

Residential Care Facilities (six or fewer) Planning & Community Development Department • State Law Requirements > Defined as: “Any family home, group care facility, or similar facility for 24 hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining activities of daily living or protection of the individual” (state licensed) > Must be considered as a residential use, subject to same standards as Hillsides other residential dwellings of the same type in the same zone > Must be allowed by-right in all zones where housing is permitted 11

Residential Care Facilities (six or fewer) Planning & Community Development Department • Existing City Regulations > Defined as: “Residential Care Facilities, Limited” - State licensed facilities that provide non-medical residential care, day treatment, or foster agency services for six of fewer persons > Land use regulation: § Currently permitted in both RS and RM residential zones, and limited commercial zones (i. e. CL and CO) § In specific plan areas, this use is generally permitted in areas that are designated with RM, CL, or CO base zoning districts > Two covered parking spaces per unit required 12

Residential Care Facilities (six or fewer) Planning & Community Development Department • Discrepancies with the State Law Most existing regulations are in compliance with the State Law, but there are few minor discrepancies > Existing definition is more broad than the State’s definition > This use is not permitted in 14 zoning districts that currently allow housing > Parking requirements for both uses mirror the parking standards applicable to single-family residential 13

Residential Care Facilities (six or fewer) Planning & Community Development Department • Proposed Amendments to conform to the State Law > Modification of existing definition to match State definition § Reworded to exclude types of facilities that are not included in the state’s definition of a group care facility > Designate as either a by-right use or a conditionally permitted use in 14 additional zoning districts that currently permit housing (all in specific plan areas) > Modification of parking requirements to apply the same standards applicable to the type of housing that the use occupies 14

Commission Advisory Review Planning & Community Development Department • Planning Commission – December 14, 2016 > Acknowledged that the proposed amendments are necessary to comply with the state law > Expressed general concerns regarding the potential impact of State mandated land use regulations on local municipalities > Recommended that the City Council approve the proposed amendments 15

Required Findings Planning & Community Development Department • Consistent with the goals and policies of the General Plan and all specific plans > General Plan: § Land Use Element Policy 21. 1 (Adequate and Affordable Housing) § Housing Element Goal 4 § Housing Element Policy 4. 3 (People with Disabilities) § Housing Element Policy 4. 4 (Service-Enriched Housing) > Specific Plans: § Goals and policies related to encouraging integration of different land uses and/or provision of different housing options and affordable housing • Not detrimental to the public interest, health, safety, convenience, or general welfare of the City 16

Recommendation Planning & Community Development Department • Find that the proposed amendments are exempt from CEQA; • Adopt the findings of consistency; • Adopt the resolution approving the text amendment to all eight specific plans; and • Direct the City Attorney to prepare an ordinance within 60 days amending the Zoning Code 17

Planning & Community Development Department Zoning Code and Specific Plan Text Amendments Related to Special Needs Housing (Residential Care Facilities with Six or Fewer Persons, Transitional Housing, and Supportive Housing) City Council January 30, 2017

Definitions of Other Residential Uses in the Zoning Code Planning & Community Development Department • Boarding Houses (PMC) > A residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or lease, either written or oral, whether or not an owner, agent, or rental manager is in residence. • Group home for the disabled (PMC) - Subject to Reasonable Accommodations Permit: > Any home, residence, facility, or premises which provides temporary, interim, or permanent housing to persons who are disabled as defined in state or federal law in a group setting where such home, residence, facility, or premises is not licensed by the state of California. • Single-Room Occupancy (PMC) > A facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 220 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer. 19

Other Definitions in the State Law Planning & Community Development Department • Target Population > Persons with low incomes who have one or more disabilities, which includes mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out to the foster care system, individuals exiting from institutional settings, veteran and homeless persons. • Lanterman Developmental Disabilities Services Act > Outlines the rights of individuals with developmental disabilities and their families, how the regional centers and service providers can help these individuals, what services and supports they can obtain, how to use the individualized program plan to get needed services, what to do when someone violates the Act, and how to improve the system. 20

Other Definitions in the State Law Planning & Community Development Department • Community Care Facility (State) > Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children • Residential Facility (State) > Any family home, group care facility, or similar facility determined by the director, for 24 -hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. 21

Reasonable Accommodation Permit Planning & Community Development Department • A Group Home for Disabled that meets the definitions of a boarding house requires an approval of a Reasonable Accommodation Permit > RS, RM-12 and RM-16 • General Standards > Cannot result in adverse public health, welfare, peace of safety of persons in surrounding area (including livability of surrounding neighborhood, nuisance activities, etc. ) > Cannot be located within 500 ft. from other boarding house or group home facility > No more than six occupants • Example: > Unlicensed group home for the disabled will be subject to RAP: without any on-site/off-site support services, and the tenants are not low-income persons 22

Reasonable Accommodation Permit Planning & Community Development Department • Example > Unlicensed group home for the disabled will be subject to Reasonable Accommodation Permit unless it meets all of the following criteria: § Provides long term tenancy with on-site/off-site support services; and § Tenants are low-income persons OR § Operated as an ordinary rental housing, not a boarding house 23

Emergency Shelter (Program #22. 3) Planning & Community Development Department • Approved by the City Council on November 18, 2013 • Analyzed the “unmet” need for homeless persons in the City • Adopted changes to the Zoning Code: > “Emergency Shelters, Limited” (12 persons or less) – permitted by right in IG SP-2 and EPSP-d 1 -IG § Separate requirements from each other (300 ft. ), and from a residential zoning district (150 ft. ) § Operational requirements (e. g. number of staff, admission time, length of stay, management plan, property maintenance, etc. ) 24

Citywide Policy Statement on Permanent Supportive Housing Planning & Community Development Department • Adopted on October 17, 2016 > "The City of Pasadena believes that decent, safe and affordable housing is the right of every Pasadena resident. Furthermore, a key long-term solution for homelessness is the provision of permanent supportive housing. Therefore, consistent with the Housing Element, the City will facilitate a balanced geographical dispersal of affordable housing, including permanent supportive housing throughout the City. " 25

Housing Element Outreach Planning & Community Development Department • Meetings with various stakeholders (throughout the process) • Creation of a web page • Housing Element Workshop hosted by the Pasadena Affordable Housing Coalition (July 20, 2013) • Community meeting (September 3, 2013) • Commission meetings: > Human Services Commission (July 10, 2013) > Senior Commission (July 31, 2013) > Northwest Commission (August 8, 2013) • Planning Commission Workshop (September 11, 2013) 26

Proposed Amendments Planning & Community Development Department • Definitions Residential Care Facility (6 or fewer) Any State licensed facility, place, or structure family home, group care facility, or similar facility that is maintained and operated to provide 24 -hour nonmedical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by state law to be treated as single housekeeping units for zoning purposes. This use includes the administration of limited medical assistance (e. g. , dispensing of prescribed medications). Transitional Housing A facility that provides housing at no cost for individuals in immediate need of housing in which residents stay longer than overnight. This housing may include support services (e. g. , emergency medical care, employment and housing counseling). Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Supportive Housing with no limit on length of stay, that is occupied by the target population as defined by the state Government Code Section 65582, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or health status, and maximizing his or her ability to live and, when possible, work in the community. 27

Proposed Amendments Planning & Community Development Department • Definitions Residential Care Facility (6 or fewer) Transitional Housing Supportive Housing State licensed facility, family home, group care facility, or similar facility that is maintained and operated to provide 24 -hour nonmedical residential care for six or fewer adults, children, or adults and children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or the protection of the individual and which is required by state law to be treated as single housekeeping units for zoning purposes. This use includes the administration of limited medical assistance. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Housing with no limit on length of stay, that is occupied by the target population as defined by the state Government Code Section 65582, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or health status, and maximizing his or her ability to live and, when possible, work in the community. 28

Proposed Amendments Planning & Community Development Department • Parking Existing Proposed Residential Care Facility (6 or fewer) 2 covered parking spaces per unit within a garage or carport. Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. Transitional Housing Supportive Housing None 29

Proposed Amendments Planning & Community Development Department • Land Use Regulations Zoning Districts where the Use is Already Permitted Residential Care Facility (6 or fewer) Transitional Housing Supportive Housing Zoning Districts where the Use will be Additionally Permitted By. Right all RS and RM, CO, CL-2, CD-3, ECSP CL-3, EPSP d 1 -CO/d 1 -CL/d 2 -CO/d 2 -CL/d 3 -CO, FGSP RM 12/RM 16/CL-1 b/C-3 a, b, c, NLSP CO SP-1 a/CL SP-1 b/CO SP-1 c/CL SP-1 e, SFOSP CO, All WGSP, LASP RM-16/CL CUP FGSP PS PS, PS-1, EPSP d 2 -PS, SFOSP PS By. Right all RM, CO, CL-2, all CDs, ECSP CL-3, EPSP d 1 -CO/d 1 -CL/d 2 -CO/d 2 -CL/d 3 -CG, NLSP CO SP 1 a/CL SP-1 b/CO SP-1 c/CL SP-1 e, SFOSP CO, LASP RM-16 All RS, ECSP CG-3/CG-6, EPSP d 1 -CG/d 2 -CG/d 3 CO, FGSP RM 12/RM 16/CL-1 b/C-3 a, b, c, SFOSP IG (in certain areas only), all WGSP, LASP CL CD-1/2/4/5/6, ECSP CG-3/CG-5, EPSP d 1 -CG/d 2 CG/d 3 -CG, SFOSP IG (in certain areas only) CUP PS, PS-1, EPSP d 2 -PS, FGSP PS, SFOSP PS By. Right N/A All RS and RM, CO, CL-2, all CDs, ECSP CL 3/CG-6, EPSP d 1 -CO/d 1 -CL/d 1 -CG/d 2 -CL/d 2 CG/d 3 -CO/d 3 -CG, NLSP CO SP-1 a/CL SP-1 b/CO SP-1 c/CL SP-1 e, FGSP RM 12/RM 16/CL-1 b/C 3 a, b, c, SFOSP CO/IG (in certain areas only), all WGSP, LASP RM-16/CL CUP N/A 30 PS, PS-1, EPSP d 2 -PS, FGSP PS, SFOSP PS

CEQA Planning & Community Development Department • The proposed amendments are exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code § 21080(b)(1); Administrative Code, Title 14, Chapter 3, under Section 15061(b)(3), in that the it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment. The proposed amendments are technical changes only and they do not entitle any development. 31