Page 8 April 17, 2014 PUBLIC NOTICES ORDINANCE NO. 2066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, AMENDING TITLE 17 OF THE HAWTHORNE MUNICIPAL CODE RELATED TO THE ESTABLISHMENT OF EMERGENCY SHELTERS AND TRANSITIONAL AND SUPPORTIVE HOUSING WHEREAS, the City of Hawthorne initiated consideration of the emergency shelter and transitional and supportive housing zoning text amendment (2013ZA05); and WHEREAS, Consistent with the findings of the State Legislature, the City Council finds that Section 65583 of the Government Code requires that the housing element of the general plan of a city identify adequate sites with zoning where emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit; and WHEREAS, Homelessness is a statewide problem and the City’s Housing Element included analysis on the city’s needs and provisions to address local needs by providing transitional and emergency shelters; and WHEREAS, There are no emergency shelters in the city currently; and WHEREAS, This code amendment will address emergency shelters requirements included in Senate Bill 2 (SB 2). Emergency shelters are subject to the maximum distance requirements as established by the State Government Code Section 66583 et. Seq.; and WHEREAS, the California Department of Housing and Community Development approved the City’s General Plan Housing Element in 2012, it was contingent on the City adopting within one year an ordinance to deal with emergency shelters and transitional and supportive housing that is consistent with the provisions of SB 2; and WHEREAS, The code amendment will also allow transitional and supportive housing subject to same regulations of other residential uses in residential zones as required by state code; and WHEREAS, the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15305, Minor Alterations in Land Use Limitations; and WHEREAS, notice of the proposed October 2, 2013, public hearing of the Planning Commission on the proposed amendments and of the right to submit comments on the Project was given by publication in the Hawthorne Herald on September 26, 2013; and WHEREAS, on October 2, 2013, the Planning Commission held a duly noticed public hearing on the Application, and following the close of the hearing, recommended to the City Council the approval of adopting an ordinance implementing Zoning Code Amendment 2013ZA05; and WHEREAS, the City provided published notice of the City Council’s hearing on 2013, and the City Council held a duly noticed public hearing on the Project; and WHEREAS, the City Council of the City of Hawthorne has reviewed and considered the zone text amendment as designated in Planning Commission Resolution PC-2013-22 and all its constituent parts and concurrent applications and finds it to be integrated, internally consistent and compatible. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS: SECTION 1. The facts set forth in the Recitals are true and correct. SECTION 2. Chapter 17.04, Title 17 of the City of Hawthorne Municipal Code is hereby amended by adding the following: “Emergency Shelters” means a facility that provides immediate and short-term housing for homeless persons that is limited to occupancy of six months or less. Supplemental services may include counseling and access to social programs. P e r m i t t e d U s e s a n d Conditionally Permitted Uses M i n i m u m L o t S i z e (sf) M i n i m u m L o t W i d t h (ft) M i n i m u m L o t D e p t h (ft) M i n i m u m F r o n t S e t b a c k (ft) Minimum Side Setback1 Interior/Street (ft) “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite 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. “Transitional housing” means a development with buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. SECTION 3. Section 17.14.020 Permitted and conditionally permitted uses and bulk requirements, of Chapter 17.14 R-1 Low Density Residential Classification, of Title 17 of the City of Hawthorne Municipal Code is hereby repealed and replaced with the following: 17.14.020 Permitted and conditionally permitted uses and bulk requirements. A. The “R-1 Low Density Residential Zoning District—Table of General Use and Bulk Requirements,” shall be deemed part of this chapter and is referred to herein as the “Use and Bulk Table.” All uses and structures in the R-1 Low Density Residential Zoning District shall comply with the standards and requirements of the Use and Bulk Table for the R-1 Low Density Residential Zoning District. B. The Use and Bulk Table is a matrix comprised of the applicable permitted and conditionally permitted uses running vertically along the side and the bulk requirements running horizontally across the top. The bulk requirements for any permitted and conditionally permitted use in a district can be determined by reading the columns to the side of the permitted and conditionally permitted use heading. R-1 Low Density Residential Classification Table of General Use and Bulk Requirements M i n i m u m R e a r S e t b a c k 2 (ft) M a x i m u m L o t C o v e r a g e (%) M a x i m u m B u i l d i n g H e i g h t (ft) M i n i m u m O p e n S p a c e (sf) Single-family detached dwelling unit, including transitional and supportive housing 5,000 50 100 153 54/103,5 5 50 226 N/A Accessory dwelling unit, detached (17.20.130) 8,000 N/A N/A N/A 54/103,5 5 50 12 500 Accessory dwelling unit, conversion (17.20.130) 8,000 50 100 153 54/103,5 5 50 12 500 Mobile home (17.20.140) 5,000 50 100 153 54/103,5 5 50 12 N/A Accessory buildings, structures, and uses (17.20.160) N/A N/A N/A N/A 54,7/103,5 56 50 12 N/A Church or place of religious assembly (17.20.170) - CUP 5,000 50 100 153 54/103,5 5 N/A N/A N/A Electric distribution substation, including microwave receiving and relaying installations related to public utilities (17.20.180) - CUP 5,000 50 100 153 54/103,5 5 50 12 N/A Residential care facility (6 or fewer persons), alcoholism or drug abuse recovery or treatment facility (6 or fewer persons) (17.20.190) 5,000 50 100 153 54/103,5 5 50 226 N/A Home occupation (Chapter 17.72) N/A N/A N/A N/A N/A N/A N/A N/A N/A Libraries, branch 5,000 50 100 153 54/103,5 5 50 226 N/A Parks and recreational areas (publicly owned and operated). (17.20.200). Ballparks, bleachers, swimming pools, or other types of 5,000 50 100 153 54/103,5 5 50 226 N/A facilities where racing or contests (CUP) Schools, elementary, junior and high (public or nonprofit private) (17.20.210) 5, 10, & 15 acres N/A N/A 153 30 30 35 226 N/A Signs (17.20.220) N/A N/A N/A N/A N/A N/A N/A N/A N/A Small family day care home (Permitted) and Large family day care home (CUP 17.73.030) 5,000 50 100 153 54/103,5 5 50 226 N/A (sf) square feet (ft) feet (%) percent CUP Conditional Use Permit required N/A Not Applicable 1 No intrusions into side yards if those side yards are 3.5 feet or less (see Section 17.42.100). 2 On through lots, the rear setback shall maintain the same setback as required for the front setback. 3 Setback for attached garage portion of dwelling unit and detached garage facing street shall be a minimum of 18 feet. 4 Side setback is 10% of lot width up to 5 feet, but not less than 3.5 feet. 5 For corner and reverse corner lots, side yard adjacent to the street shall have a minimum width of 20% of the lot width, up to 10 feet, except for Note 1. 6 Lots less than 40 feet in average width and less than 5,000 sf in lot size shall have a maximum building height of 12 feet. 7 May be built to lot line, provided the structure’s walls have a minimum one-hour fire rating and no windows or doors within 3 feet of the side and/or rear lot line with the exception of a reverse corner lot. SECTION 4. Section 17.16.020 Permitted and conditionally permitted uses and bulk requirements, of Chapter 17.16 R-2 Medium Density Residential Classification, of Title 17 of the City of Hawthorne Municipal Code is hereby repealed and replaced with the following: 17.16.020 Permitted and conditionally permitted uses and bulk requirements. A. The “R-2 Medium Density Residential Zoning District—Table of General Use and Bulk Requirements,” shall be deemed part of this chapter and is referred to herein as the “Use and Bulk Table.” All uses and structures in the R-2 Medium Density Residential Zoning District shall comply with the standards and requirements of the Use and Bulk Table for the R-2 Medium Density Residential Zoning District. B. The Use and Bulk Table is a matrix comprised of the applicable permitted and conditionally permitted uses running vertically along the side and the bulk requirements running horizontally across the top. The bulk requirements for any permitted and conditionally permitted use in a district can be determined by reading the columns to the side of the permitted and conditionally permitted use heading. R-2 Medium Density Residential Classification Table of General Use and Bulk Requirements P e r m i t t e d U s e s a n d Conditionally Permitted Uses M i n i m u m L o t S i z e (sf) M i n i m u m L o t W i d t h (ft) M i n i m u m L o t D e p t h (ft) M i n i m u m F r o n t S e t b a c k (ft) Minimum Side Setback1 Interior/Street (ft) M i n i m u m R e a r S e t b a c k 2 (ft) M a x i m u m L o t C o v e r a g e (%) M a x i m u m B u i l d i n g H e i g h t (ft) M i n i m u m O p e n S p a c e (sf) Any use permitted in the R-1 classification, subject to the same standards of that zone S e e R-1 S e e R-1 S e e R-1 S e e R-1 S e e R-1 S e e R-1 S e e R-1 S e e R-1 S e e R-1 Two-family dwelling unit (duplex), including transitional and supportive housing 7,000 50 100 153 54/103,5 5 50 22 1,000 Lodging and boardinghouses 8,000 50 100 151 54/103,5 5 50 12 500 (sf) square feet (ft) feet (%) percent CUP Conditional Use Permit required N/A Not Applicable 1 No intrusions into side yards if those side yards are 3.5 feet or less (see Section 17.42.100). 2 On through lots, the rear setback shall maintain the same setback as required for the front setback. 3 Setback for attached garage portion of dwelling unit and detached garage facing street shall be a minimum of 18 feet. 4 Side setback is 10% of lot width up to 5 feet, but not less than 3.5 feet. 5 For corner and reverse corner lots, side yard adjacent to the street shall have a minimum width of 20% of the lot width, up to 10 feet, except for Note 1. SECTION 5. Section 17.18.020 Permitted and conditionally permitted uses and bulk requirements, of Chapter 17.18 R-3 High Density Residential Classification, of Title 17 of the City of Hawthorne Municipal Code is hereby repealed and replaced with the following: 17.18.020 Permitted and conditionally permitted uses and bulk requirements. A. In an R-3 zone the “R-3 High Density Residential Zoning District—Table of General Use and Bulk Requirements,” shall be deemed part of this chapter and is referred to herein as the “Use and Bulk Table.” All uses and structures in the R-3 High Density Residential Zoning District shall comply with the standards and requirements of the Use and Bulk Table for the R-3 High Density Residential Zoning District. B. The Use and Bulk Table is a P e r m i t t e d U s e s a n d Conditionally Permitted Uses M i n i m u m L o t S i z e (sf) M i n i m u m L o t W i d t h (ft) M i n i m u m L o t D e p t h (ft) M i n i m u m F r o n t S e t b a c k (ft) Minimum Side Setback1 Interior/Street (ft) M i n i m u m R e a r S e t b a c k 2 (ft) M a x i m u m L o t C o v e r a g e (%) M a x i m u m B u i l d i n g H e i g h t (ft) M i n i m u m O p e n S p a c e (sf) Any use permitted in the R-2 classification, subject to the same standards of that zone S e e R-2 S e e R-2 S e e R-2 S e e R-2 S e e R-2 S e e R-2 S e e R-2 S e e R-2 S e e R-2 Multifamily dwelling units, including transitional and supportive housing - CUP 7 , 5 0 0 + 2,500 for each u n i t above 3 50 100 153 54/103,5 5 60 22 5 0 0 p e r unit Fire station 5,000 50 100 153 54/103,5 5 60 226 N/A Open air public parking area (17.20.230) 5,000 50 100 153 0 0 0 0 N/A Rest home, boarding home or home for the aged - CUP 5,000 50 100 153 54/103,5 5 60 226 N/A (sf) square feet (ft) feet (%) percent CUP Conditional Use Permit required N/A Not Applicable 1 No intrusions into side yards if those side yards are 3.5 feet or less (see Section 17.42.100). 2 On through lots, the rear setback shall maintain the same setback as required for the front setback. 3 Setback for attached garage portion of dwelling unit and detached garage facing street shall be a minimum of 18 feet. 4 Side setback is 10% of lot width up to 5 feet, but not less than 3.5 feet. 5 For corner and reverse corner lots, side yard adjacent to the street shall have a minimum width of 20% of the lot width, up to 10 feet, except for Note 1. 6 Lots less than 40 feet in average width and less than 5,000 sf in lot size shall have a maximum building height of 12 feet. SECTION 6. Section 17.19.020 Permitted and conditionally permitted uses and bulk requirements, of Chapter 17.19 R-4 Maximum Density Residential Classification, of Title 17 of the City of Hawthorne Municipal Code is hereby repealed and replaced with the following: 17.19.020 Permitted and conditionally permitted uses and bulk requirements. A. The “R-4 Maximum Density Residential Zoning District—Table of General Use and Bulk Requirements,” shall be deemed part of this chapter and is referred to herein as the “Use and Bulk Table.” All uses and structures in the R-4 Maximum Density Residential Zoning District shall comply with the standards and requirements of the Use and Bulk Table for the R-4 Maximum Density Residential Zoning District. B. The Use and Bulk Table is a matrix comprised of the applicable permitted and conditionally permitted uses running vertically along the side and the bulk requirements running horizontally across the top. The bulk requirements for any permitted and conditionally permitted use in a district can be determined by reading the columns to the side of the permitted and conditionally permitted use heading. R-4 Maximum Density Residential Classification Table of General Use and Bulk Requirements P e r m i t t e d U s e s a n d Conditionally Permitted Uses M i n i m u m L o t S i z e (sf) M i n i m u m L o t W i d t h (ft) M i n i m u m L o t D e p t h (ft) M i n i m u m F r o n t S e t b a c k (ft) Minimum Side Setback1 Interior/Street (ft) M i n i m u m R e a r S e t b a c k 2 (ft) M a x i m u m L o t C o v e r a g e (%) M a x i m u m B u i l d i n g H e i g h t (ft) M i n i m u m O p e n S p a c e (sf) Any use permitted in the R-3 classification, subject to the same standards of that zone, except for multifamily dwelling units (see below) S e e R-3 S e e R-3 S e e R-3 S e e R-3 S e e R-3 See R-3 S e e R-3 See R-3 S e e R-3 Multifamily dwelling units, including transitional and supportive housing 7,500 (See 17.19.015) 50 100 153 5 for first 2 stories, 10 for u p p e r stories4 54 60 50 5005 Fraternity and sorority house – CUP 5,000 50 100 153 56/103,7 5 60 228 N/A Hospital (17.20.240) – CUP, excluding small animal, mental, and 5,000 50 100 153 56/103,7 5 N/A 228 N/A alcoholic hospitals Mobile home park (17.20.150) - CUP 5 acres 200 200 153 56/103,7 5 60 12 5 0 0 p e r unit Private clubs and fraternal societies (17.20.250) - CUP 5,000 50 100 153 56/103,7 5 N/A 228 N/A Sanitariums, convalescent homes, and nursing homes (17.20.260) 5,000 50 100 153 54/103,5 5 60 226 N/A – CUP Assembly hall (17.20.280) - CUP 5,000 50 100 153 54/103,5 5 N/A 226 N/A (sf) square feet (ft) feet (%) percent CUP Conditional Use Permit required N/A Not Applicable 1 No intrusions into side yards if those side yards are 3.5 feet or less (see Section 17.42.100). 2 On through lots, the rear setback shall maintain the same setback as required for the front setback. 3 Setback for attached garage portion of dwelling unit and detached garage facing street shall be a minimum of 18 feet. 4 Street-facing side setbacks and rear setbacks on through lots shall follow the front setback requirements. 5 Open space provided for multifamily developments may include areas designated as side and rear setbacks provided, however, that side and rear setbacks adjacent to a public street (corner and through lots) are not included. 6 Side setback is 10% of lot width up to 5 feet, but not less than 3.5 feet. 7 For corner and reverse corner lots, side yard adjacent to the street shall have a minimum width of 20% of the lot width, up to 10 feet, except for Note 1. 8 Lots less than 40 feet in average width and less than 5,000 sf in lot size shall have a maximum building height of 12 feet. SECTION 7. Section 17.21.090 Off-street parking and utilities, of Chapter 17.21 Condominiums— planned units—community projects—stock cooperative projects, of Title 17 of the City of Hawthorne Municipal Code is hereby deleted in its entirety. SECTION 8. Section 17.25.020 Permitted uses, of Chapter 17.25 C-1 Freeway commercial/ mixed use classification, of Title 17 of the City of Hawthorne Municipal Code is hereby amended as follows: ● Planned unit development, including transitional and supportive housing, subject to a conditional use permit, shall be developed as attached, semi-attached, or detached single family dwelling units and developed pursuant to Chapter 17.21 of the Hawthorne Municipal Code for the R-4 zone; SECTION 9. Section 17.32.020 Permitted uses, of Chapter 17.32 M-1 Limited industrial classification, of Title 17 of the City of Hawthorne Municipal Code is hereby amended by adding the following: ● Emergency shelter, subject to the limitations in 17.32.030 SECTION 10. Section 17.32.030 Limitations on permitted uses, of Chapter 17.32 M-1 Limited industrial classification, of Title 17 of the City of Hawthorne Municipal Code is hereby amended as follows: 17.32.030 Limitations on permitted uses. Every permissible use, unless otherwise stated, shall be subject to the following conditions, requirements and limitations: Every use permitted shall be subject to the following conditions and limitations: A. All uses shall conform to the off-street parking requirements, loading and unloading requirements, and the general provisions, requirements and exceptions set forth in this Title. Chapters 17.06 through 17.12 and 17.38 through 17.62. B. All parking areas, loading areas and areas used for outside activities shall be surfaced, screened, developed and maintained in the manner specified by this code or by uniform standards established by the city council by resolution for off-street parking lots. BC. The following standards of performance shall be conformed to: 1. Sound shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness; the measurement of sound shall be measured at the exterior property lines and shall be measured to decibels with a sound level meter and associate octave band filter manufactured according to standards prescribed by the American Standards Association; maximum permissible sound pressure levels O c t a v e B a n d D e c i b e l s a t L o t L i n e o f U s e in Cycles per Second i n the M-1 Zone shall comply with the following standards: Decibels at Adjacent Residential District Boundaries 0-75 7 9 7 2 75-150 7 4 5 9 150-300 6 6 5 2 300-600 5 9 4 6 600-1200 5 3 4 2 1200-2400 4 7 3 9 2400-4800 4 1 3 4 4800-above 3 9 3 2 2. Smoke shall not be emitted from any source in a greater density of grey than that described as No. 1 on the Ringlemann Chart, except that visible grey smoke of a shade not darker than that described as No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty minutes; these provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity; 3. Dust, dirt, fly ash or airborne solids from any sources shall not be in a density greater than that described as No. 1 on the Ringlemann Chart; 4. Odors from gases or other odorous matter shall not be in such quantities as to be detectable beyond the boundary property lines of the lot or site; 5. Toxic gases or matter shall not be emitted which can cause any damage to health, to animals, vegetation or property, or which can cause any excessive soiling beyond the boundary property lines of the lot or site; 6. Vibration from any machine, operation or process which can cause a displacement of .003 of one inch as measured at the boundary property lines of the lot or site shall be prohibited; shock absorbers or similar mounting shall be allowed which will reduce vibration below .003 of one inch as measured at the boundary property lines of the lot or site; 7. Glare and heat from any source shall not be produced beyond the boundary property lines of the lot or site; 8. Radioactivity and electrical disturbances shall be limited to measuring, gauging and calibration devices, such as tracer elements in X-ray and like apparatus, and in connection with the processing and preservation of foods; in no event shall radioactivity, when measured at such boundary lines of the property be in excess of 2.7 x 10-11 microCuries per milliliter of air at any moment of time; radio and television transmitters shall be operated at the regularly assigned wavelengths as assigned thereto by the appropriate governmental agency; subject to such exception, all electrical and electronic devices and equipment shall be suitably wired, shielded and controlled so that in operation they shall not emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices or equipment located beyond the boundaries of the property. CD. Any necessary additional features shall be provided to meet any unusual or special requirements for police protection, health protection and fire protection as may be required by the governmental agency having jurisdiction in each case. DE. For any uses not contained wholly within a building, except such uses as parking lots, automobile service stations, horticultural nurseries, drive-in restaurants, parking lots, solar photovoltaic or heating panels, car and trailer and boat sales areas, there shall be erected solid walls or equivalent view-obscuring fences and gates, not less than six feet or more than eight feet in height to screen the outdoor activities from view from the public rights-of-way. the following additional matrix comprised of the applicable permitted and conditionally permitted uses running vertically along the side and the bulk requirements running horizontally across the top. The bulk requirements for any permitted and conditionally permitted use in a district can be determined by reading the columns to the side of the permitted and conditionally permitted use heading. R-3 High Density Residential Classification Table of General Use and Bulk Requirements
Lawndale 04_17_14
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