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HomeMy WebLinkAbout- PH-5 - Attachment 3 - 7/15/2014PLANNING COMM/SS/ON AGENDA REPORT MEETING DATE: JUNE 23, 2014 ATTACHMENT 3 ITEM NUMBER: T) r SUBJECT: CODE AMENDMENT CO -13-00 TO TITLE 13, CHAPTER IX, ARTICLE 8 GOVERNING MOTELS DATE: JUNE 13, 2014 FROM: PLANNING DIVISIONIDEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 inel.lee@costamesaca.gov DESCRIPTION Staff is bringing back to the Planning Commission for consideration modifications to Title 13, Chapter IX, Article 8 of the Costa Mesa Municipal Code with regard to motels ("Motel Ordinance"). RECOMMENDATIONS Recommend that City Council find that the ordinance is exempt from California Environmental ' Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule) of CEQA because there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment. Recommend that City Cour cil approve and give first reading to the Ordinance. BACKGROUND At the April 28, 2014 meeting, the Planni I g Commission considered several amendments to Title 13, Chapter IX, Article 8 of the Tosta Mesa Municipal Code governing "Motels". At the meeting, a number of questions vn ere raised by the Planning Commission and the public that staff addresses within this report. The questions included: An explanation of how existing llong4erm tenants would be "grandfathered in" under the proposed code requirements; 2. How long-term stays would be enforced under the code; 3. Crafting conditions of approval for granting stays; and 4. Whether elimination of long -tern stays will requirements. Those issues are addressed herein. DISCUSSION 1 ANALYSIS conditional use permits for long-term affect the City's affordable housing I GRANDFATHERING EXISTING TENAJNTS Section 13-175 of the proposed ordinan te provides the following language: "Nothing in this chapter shall require an existing tenant of a long-term occupancy established prior to the effective date of this chapter to move out of a unit they are already occupying. Those pre4existing long-term occupancies may continue pursuant to the terms of the ekisting lease or agreement, until that tenancy terminates by its own terms under the law." Attachment 2 illustrates the short-term and long-term occupancies under the current and proposed ordinance. 28 -Day Shuffle During the April 14, 2014 Planning Commission hearing for the revocation of the conditional use permit for the Sandpiper Motel, the operator acknowledged that some motel owners prohibit long-term stays by requiring guests to move out after 28 consecutive days. The motel guest then shifts to another motel for a short duration and then, returns to the original motel ("28 -Day Shuffle"). California Civil Code Section 1940 provides a number of basic rights to tenants. Hotel/motel guests are not included in this definition because of the transitory nature of hotel/motel stays. However, a motel ovr ner violates this statute when motel guests are required to move prior to 30 days so tha# the motel guest does not acquire tenants' rights under Civil Code Section 1940.1. In this scenario, the landlord is subject to a $500 fine in addition to any remedy provided by' local ordinance. Costa Mesa Municipal Code Section 13-178 also makes it a violation In terms of enforcement, the City could !bring a criminal or civil action against the motel owner for violation of Section 13-178, and provide education and/or referral to the Fair Housing Foundations. Otherwise, any enforcement is between the motel owner and guest in a civil action. 2 ENFORCEMENT OF SHORT-TERM STAY REQUIREMENTS Ensuring that motel occupants comply With the short-term stay requirements involves a combination of physical inspections of the rooms and audits of the motel owners records. A motel inspection by Costa Mesa Code Enforcement and the Orange County Health Department are performed at every hoiel and motel in the City to ensure all property maintenance and health and safety stanalards are being maintained. Goal Achievement Strategy Staff, working in conjunction with the City's Neighborhood Improvement Task Force (NITF), established yearly goals to ensuire annual inspections are being performed at all hotels and motels in Costa Mesa. Enhanced inspections are performed if a high volume of violations are identified during the annual inspection. Complaint investigations are performed as requested by hotel or motel guests. Below is a summary from the most recent quarterly report prepared for the NIFT: Hotel/Motel Inspection Goals Annual Inspections A motel inspection by Costa Mesa Code Enforcement and the Orange County Health Department will be performed at each hotel and motel in the City. This inspection will be performed on 20% of the hotel/motel rooms or 8 rooms total if the hotel/motel has greater than 44 rooms. This annual inspection will ensure all property maintenance and health and safety standards are being maintained at the hotels and motels throughout the City. Enhanced Inspections Enhanced inspections are performed at hotels or motels where a high-volume of violations are identified during the annual inspection; in which case inspection of up to 900 percent of the rooms will be perfor6ed. Complaint Investigations All sub -standard housing, health and safety, and property maintenance complaints will be documented. Cases files will be created to tract the complaints through to resolution, and to identify and document reoccurring issues at the hotels/motels that may require an enhanced inspection of additional room$ or additional areas of the property. Ann6al Enhanced Complaint Hotel/Motel Goals Ins ec ions Inspections Investigations 20 10 As Needed for One Year Annual Inspections A motel inspection by Costa Mesa Code Enforcement and the Orange County Health Department will be performed at each hotel and motel in the City. This inspection will be performed on 20% of the hotel/motel rooms or 8 rooms total if the hotel/motel has greater than 44 rooms. This annual inspection will ensure all property maintenance and health and safety standards are being maintained at the hotels and motels throughout the City. Enhanced Inspections Enhanced inspections are performed at hotels or motels where a high-volume of violations are identified during the annual inspection; in which case inspection of up to 900 percent of the rooms will be perfor6ed. Complaint Investigations All sub -standard housing, health and safety, and property maintenance complaints will be documented. Cases files will be created to tract the complaints through to resolution, and to identify and document reoccurring issues at the hotels/motels that may require an enhanced inspection of additional room$ or additional areas of the property. Record Keeping Audits The motel code enforcement officer petformed an audit of the transient occupancy tax exemption certificate submittals of all 30 hotels/motels in Costa Mesa to assess the number of occupancies greater than 30 days at each hotel/motel for the last 12 months. This audit showed that 20 of the 30 hotels/motels claimed less than 10% long-term occupancy over the time period examined. Six of the 30 were between 10% and 25% long-term occupancy. The other 4 hotelslmotels are either in the process of being audited by the Finance Department or are incorrectly combining government rates and long-term occupancy stays, resulting in the skewing of long-term occupant numbers. The officer is scheduling meetings with each motel's owner or manager to ensure they understand the long-term occupancy definitions and report long-term occupancy accurately. Motel Inspection Database A relational database has been created to compile and analyze the data from motel inspections. The database will track, among other things, current case status; number of the room that is inspected and re-inspedted; types and incidences of violations including trending data and staff hours used to obtain compliance. This information will be used to track ongoing motel compliance to ensure that inspections and re -inspections result in better overall management and a reduction in repetitive code violations. This information will also be useful in the event the City seeks to recoup its costs for excessive uses of City resources. CONDITIONS OF APPROVAL FOR LONG-TERM STAYS Under Section 13-177 of the proposed ordinance, a property owner/motel operator would have to demonstrate compliance with the following conditions in order to be granted a conditional use permit authorizing long-term stays: ■ Minimum number of rooms, • Minimum room size, ■ Fireproof safety deposit boxes, • Daily central maid, mail, and room services, • On-site laundry service, ■ Compatibility with the surrounding uses. Of the aforementioned requirements fora Conditional Use Permit approval, the Planning Commission suggested elimination of central entry and on-site or adjacent restaurant. The Planning Commission requested irhformation on room size, number of rooms and amenities for existing motels in creating these conditions of approval. Attachment 3 reflects this information with respect to existing motels operating within the City. Additionally, in a survey of surrounding cities including Santa Ana, Newport Beach, Fountain Valley, Irvine, and Huntington Beach, only Santa Ana had a minimum room size requirement of two -hundred twenty square feet (220 SF). None of the cities have statistics on average room size. Single Room Occupancy (SRO) Residential Hotels In 1991, The City Council adopted policy 500-5 for the conversion of motels and hotels into Single Room Occupancy (SRO) units, a copy of which is attached to this report. (Attachment 4). The policy includes development standards which, through approval of a conditional use permit, a conversion can be permitted. These development standards include minimum unit sizes based on single or double occupancy, number of on-site parking spaces, on-site security, and minimum open space. Most of these standards could also be applied to long-term occupancy units under the proposed ordinance. LONG-TERM STAYS AND AFFORDABLE HOUSING The reduction in long-term stays under the proposed ordinance will not eliminate affordable housing within the City of Costa Mesa for a number of reasons. First, the proposed ordinance does not affect the use of motels for transitional housing that is intended to provide temporary housing until participants move into permanent housing. Government Code Section 65582 In the 2008-2014 planning period, the City included long-term stays as part of its transitional housing strategy. Senate Bill 2 contemplates regular rental housing, not long- term stays, as transitional housing. Therefore, the City's has adopted a strategy to convert underperforming (old) motels into regular housing, i.e. Single Room Occupancy (SRO) housing that can be used to satisfy the city's transitional housing needs. With respect to the City's Regional Housing Needs Allocation, in the 2008-2014 Housing Element planning period, the City recognized the need to use long-term stays as an alternative affordable housing choice (Attachment 5; p. HOU 85 of the 2008-2014 Housing Element). However, for the more recent 2014-2021 Housing Element period, the City eliminated long-term stays as an affordable housing alternative at the behest of public comments from affordable housing advocates. Specifically, in a letter dated June 21, 2013, the Costa Mesa Affordable Housing Coalition provided public comment that the City should "Reinstate Program 12: Single -Room Occupancy (SRO), Family Residential Occupancy (FRO), Extended Stay Units, as a stand-alone program from the 2008-2014 Housing Element to the current draft 2014-2021" (Attachment 6; p. HOU-A3 through A5 of the 2014-2021 Housing Element). The same public comment was echoed by the Kennedy Commission (Attachment 6; p. HOU-A2). In response, the City eliminated long-term stays as an affordable housing alternative (Attachment 6; p. HOU-A14). Specifically, the City's response was "Currently, most motels in the City already incorporate an,extended stay component. Based on comments from stakeholders at public meetings, FROs or existing motel rooms are not an appropriate housing arrangement for families. The City has introduced a new program to facilitate and encourage adaptive reuse of motels into permanent housing for families (Program 10)." In accommodating the public comment, the Housing Element adopted 5 Program 10 Adaptive Reuse for Multi -Family Housing which promotes the expansion of "housing options in the community, the City may allow, subject to a Zoning Code Amendment authorized by the City Council, the adaptive reuse of an existing motel use to a residential use for multi -family housing (Attachment 6; p. HOU-70). PUBLIC NOTICE Code -required public notice was provided via the following methods: Publication of a display ad in the local newspaper (Daily Pilot). Additionally, notice of the public hearing was mailed to the motel owner/operators in the City. ENVIRONMENTAL DETERMINATION The ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (General Rule) of CEQA because there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment. LEGAL REVIEW The draft ordinance has been reviewed by the City Attorney's office. CONCLUSION As noted earlier, the proposed amendments will provide regulatory framework to ensure that future long-term stays are operated in a manner that is compliant with applicable codes as well as compatible with surrounding properties and uses. ALTERNATIVES If the proposed ordinance is not recommended for adoption by the Planning Commission, the proposed ordinance could still be considered and adopted by the City Council. MEL LEE, AICP Senior Planner JEFRI� GU�iR r CffV�7, AICP lnter Assi Director Economic and Development Services Distribution: Director of Economic & Development(Deputy CEO Senior Deputy City Attorney Public Services Director City Engineer Transportation Services Manager Fire Protection Analyst Staff (4) File (2) Attachments: 1. Draft Ordinance 2. Definition of Short- and Long -Term Occupancies Under Current Code and Proposed Code 3. Survey of Motel Room Sizes in Costa Mesa 4. City Council Policy 500-5 for Single Room Occupancy (SRO) Residential Hotels 5, 2008-2014 Housing Element Excerpts Referenced In This Report 6. 2014-2421 Housing Element Excerpts Referenced In This Report Attachment No. 1 TITLE 13 - PLANNING, ZONING AND DEVELOPMENT CHAPTER IX. - SPECIAL LAND USE REGULATIONS ARTICLE 8. MOTELS ARTICLE 8. MOTELS Sec. 13-171. Purpose and intent. Sec. 13-172. Definitions. Sec. 13-173. Operational and development standards. Sec. 13-174. Application to existing businesses. Sec. 13-175. Application to existing tenants. Sec. 13-175. Procedure for compliance. Sec. 13-177. Conditional use permit for long-term occupancies. Sec. 13-178. Termination of tenancy. Sec. 13-171. Purpose and intent. The purpose of this article is to establish operational and development standards, and requirements for motels which will ensure the continued availability of transient visitor and automobile tourist lodging within the city, and to ensure the continued use of motels in the manner intended to provide such lodging. (Ord. No. 97-11, § 2, 5-5-97) Sec. 13-172. Definitions. A. "Long-term occupancy" shall mean any occupancy in a motel in the city for a period exceeding thirty- (30) consecutive days or thirty (30). days within any sixty (60) consecutive day period. B. "Short-term occupancy" shall mean any occupancy of a motel in the city for a period that does not fall within the definition of a long-term occupancy. Sec. 13-173. Operational and development standards. The following operational and development standards shall apply to all motels in the city and shall be included in conditions imposed upon the granting of any conditional use permit for such business, unless specifically modified by the conditional use permit: A. No property owner, motel operator or manager shall rent a room for a period that exceeds thirty (30) consecutive days or thirty (30) days within any sixty (60) consecutive day period, unless the property owner or motel operator has obtained a conditional use permit authorizing long-term occupancies pursuant to section 13-177. Costa Mesa, California, Code of Ordinances C*7 Attachment No. 1 TITLE 13 - PLANNING, ZONING AND DEVELOPMENT CHAPTER 1X. - SPECIAL LAND USE REGULATIONS ARTICLE 8. MOTELS B. On-site management shall be available twenty-four (24) hours a day. C. Each guest room shall be provided regularly -scheduled maid and housekeeping services. Such services shall be provided at [east once every three (3) days during any consecutive occupancy and at least once between each occupancy. C. In -room telephone service for emergency response purposes shall be provided in all guest rooms of the motel. E. Persons responsible for the renting of a room in any motel shall provide their name and permanent address, as verified by presentation of a valid driver's license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on-site or off-site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest. F. No room, suite or bed shall be assigned or rented more than twice within any twenty-four (24) hour period. G. The property owner/motel operator shall comply with the provisions of Chapter IV of Title 15 of the Costa Mesa Municipal Code pertaining to the operator's responsibility for the collection of transient occupancy tax. H. The business shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement. (Ord. No. 97-11., § 2, 5-5-97) Sec. 13-174. Application to existing businesses. The requirements: of this chapter, specifically including the long-term occupancy restrictions in Sections 13-173A, small apply to all motels in the city, whether it is new or was in existence prior to the effective date of this ordinance. Sec. 13-175. Application to Existing Tenants. A. Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law.. B. Whenever a long-term occupancy terminates, for whatever reason, the property owner/motel operator shall not re -lease that unit for a new long-term occupancy, except to the degree the motel will be in compliance with the requirements of this chapter. (Ord. No. 97-11, § 2, 5-5-97) Costa Mesa, California, Code of Ordinances Attachment No. I TITLE 13 - PLANNING, ZONING AND DEVELOPMENT CHAPTER IX. - SPECIAL LAND USE REGULATIONS ARTICLE 8. MOTELS Sec. 13-176. Procedure for Compliance. A. Within thirty (30) days of the effective date of this ordinance, the city shall notify the owners and operators of each motel in the city of the ordinance's adoption. The City shall send a copy of the ordinance, a "long-term occupancy form", and a schedule for compliance via certified return receipt mail. If a notice is returned, the city shall send the notice via standard U.S. Mail, B. Within thirty (30) days of the mailing of the notice in Section 13-176A, the property owner/motel operator shall submit a fully completed "long-term occupancy form" to the city that provides the total number of rooms used as long-term occupancies during the preceding sixty (60) days; identify the long-term occupant by a valid driver's license or other valid identification; the make, year, and model of any vehicle parked on-site or off- site; and any other information to demonstrate compliance with the ordinance. If a property owner/motel operator fails to submit the long-term occupancy form, in addition to taking any other action authorized by law, the city shall estimate the total number of rooms used as long-term occupancies at zero (0). Sec. 13-177. Conditional Use Permit for long-term occupancies. A property ownerlmotel operator may apply for a conditional use permit authorizing the facility to exceed the long-term occupancy limits in Section 13-173A, subject to restrictions of the issuing authority. In order to be granted a conditional use permit under this section, the property owner/motel operator must demonstrate compliance with, and the city shall make a finding that, each of the following standards have been met: (1) The motel must have a minimum of at least seventy-five (75) rooms. (2) f=ireproof safety deposit boxes must be available to all occupants of the motel. (3) Each guest room shall be serviced daily with central maid, mail, and room services. (4) Each room shall be a minimum of three hundred seventy five (375) square feet. (5) The motel shall maintain on-site laundry services. (6) The proposed use is compatible with the surrounding neighborhood, uses, zoning and general plan. Costa Mesa, California, Code of Ordinances I() Attachment No. 'I TITLE 13 - PLANNING, ZONING AND DEVELOPMENT CHAPTER IX. - SPECIAL LAND USE REGULATIONS ARTICLE 8. MOTELS Sec. 13-178. Termination of Tenancy. The provisions of this article shall not be used to terminate a tenancy in violation of the requirements of California Civil Code Section 1940 et. seq. Costa Mesa, California, Code of Ordinances DEFINITION OF SHORT- AND LONG-TERM MOTEL OCCUPANCIES UNDER THE CURRENT CODE AND THE CURRENT CODE Occupant PROPOSED CODE I .TUNE I JULY I AUGUST I X28 DAY PERIOD (CONSECUTIVE) DAY PERIOD CONSECUTIVE) PROPOSED CODE Occupant (CONSECUTIVE) 01530 DAY PERIOD (NONCONSECUTIVE) = SHORT TERM OCCUPANCY (STO) = LONG TERM OCCUPANCY (LTO) m ry Motels Name/Address Area (sq. ft.) # of Units Kitchenette Sandpiper 700 1 No 1967 Newport 418 2 Yes 24 No 332 12 Yes 2961 324 4 No 276 1 Yes 2571 121 No 1961 121 No Name/Address Area (sq. ft.) I # of Units I Kitchenette Costa Mesa Motor Inn 3121 1351 No 2277 Harbor 3121 1011 Yes Name/Address Area (sq. ft.) I# of Units I Kitchenette Residence Inn 5691 36 Yes 881 Baker 5111 108 Yes Name/Address Area (sq. ft.) J# of Units lKitchenette Ana Mesa 472.5 20 Yes 3597 Newport 457 16 Yes 24 No 317 14 No Name/Address Area (sq. ft.} # of Units Kitchenette Travel Lodge Newport 366 9 No 1951 Newport 338 14 No 24 No 325 34 No Name/Address Area (sq. ft.) # of Units Kitchenette Dayslnn 446 2 No 2100 Newport 360 14 No 24 No 345 14 No Name/Address Area (sq. ft.) 1# of Units I Kitchenette Blvd 350 41 No 2430 Newport 325 26 No 286 241 No Name/Address Area (sq. ft.) # of Units Kitchenette Motel 6 Gisler 264 421 No 1441 Gisler 222 541 N❑ Name/Address Area (sq. ft.) # of Units Kitchenette vagabond 325 34 No 3205 Harbor 275 93 No Name/Address Area (sq. ft.) I # of Units I Kitchenette Regency 2861 54 Na 2544 Newport Name/Address Area (sq. ft.) # of Units Kitchenette Superb 343 72 No 2645 Harbor ATTACHMENT Name/Address Area (sq. ft.) # of Units Kitchenette Harbor Bay 280.5 42 No 2026 Harbor 275 2 No 24 No 271.33 4 N❑ Name/Address Area (sq. ft.) # of Units Kitchenette Tern Inn 275 9Yes 2154 Newport 161 9 No Name/Address Area (sq. ft.) # of Units Kitchenette Motel 6 Newport 315(average) 87No 2274 Newport Name/Address Area (sq. ft.) # of Units Kitchenette Cary Inn 360(average) 27 No 325 W Bay Name/Address jArea (sq. ft.) 1# of Units I Kitchenette La Quinta1325(average) 1 1381 No 1515 South Coast 1 2651 241 No Name/Address Area (sq. ft.) # of Units Kitchenette New Harbor 520 2 No 2205 Harbor 520 1 Yes 365 6 Yes 310 24 No 2881 2 No 2961 6 No Name/Address Area (sq. ft.) I#ofUnits JKitchenette Star Inn 302(average} I 33 No 2656 Newport Name/Address Area (sq. ft.) # of Units Kitchenette Best Western 405(average) 94 No 2642 Newport Name/Address Area (sq. ft.) # of Units Kitchenette Travel Lodge OC Airport 312(average) 120 No 1400 Bristol Name/Address Area (sq. ft.) I # of Units I Kitchenette Ramada 400 18 No 1680 Superior 355 69 No 1321 330 52 No Name/Address Area (sq. ft.) # of Units Kitchenette Ali Baba 336 42 No 2250 Newport Name/Address Area (sq. ft.) j#ofUnits lKitchenette Tahiti Inn ?????? I l0 No 2645 Harbor 1321 9 No )3 SRO Name/Address Area jsq. ft.] # of Units Kitchenette Park Place 446 3 Yes 1662 Newport Blvd 312 55 Yes Name/Address Area (sq. ft.) # of Units Kitchenette Costa Mesa Village 676 1 Yes 2450 Newport Blvd 338 95 Yes Name/Address Area (sq. ft.) # of Units Kitchenette Newport Senior Living 432 18 Yes 2080 Newport Blvd 364 53 Yes Iq CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT SINGLE ROOM OCCUPANCY (SRO) RESIDENTIAL HOTELS BACKGROMW ATTACHMENT 4 POLICY I EFFECTIVE NUMBER DATE PAGE 500-5 09/01/91 1 of 4 Title 13 of the Costa Mesa Municipal Code establishes what uses are allowed by right -and with conditional use permits in various zones. Single Room Occupancy (SRO) residential hotels are not mentioned in the Code: The City can decide what similar uses can be considered with a conditional use permit in commercial. zones. PURPOSE It is the purpose of this policy to: 1. Allow SRO residential hotels to be considered with a conditional use permit in all commercial zones where hotels are allowed with a conditional use permit. 2. Establish guiaelines to assist the City in the future review of SRO proposals. 3. Provide citizens segments portion that is housing segment, for this Mesa. POLICY 1. racess the means for establishing housing available to of Costa Mesa within the low and very low income of the population recognizing that there is a of the labor force within the business community in these lower income levels. Traditional in Costa Mesa is simply not affordable to this SRO's should provide a new source of housing segment of the employment population of Costa SRO residential hotels may be considered with a conditional use permit in any commercial zone where hotels are allowed and where the General Pian designation is either General Commercial or Commercial Center. Proposed SRO developments should be brought to a study session with the Planning Commission and the Staff very early in the process to get initial feedback on the proposals. 15' CITY of COSTA MESA, CALIFORNIA COUNCIL POLICY POLICY EFFECTIVE SUBJECT SINGLE ROOM ocCUPANCY (Sgo) NUMBER DATE PAGE RESIDENTIAL HOTELS 500-5 09/01/91 2 of 4 2. ovation SRO residential hotels should be located within proximity (1,000 ft.) to transit stops or within proximity to major employment areas. Ideally, SROs should also be located within proximity to grocery Stores, retail stores, and services. 3. ROOM Si es and Oocupancy Limits The following limits should apply to new SRO developments. Minimum size for single occupancy 175 sq.ft. Minimum size for double occupancy 220 sq.ft. Maximum size 450 sq.ft. Maximum percent double occupancy .10% Average unit size should not exceed ado sq.ft. The maximum unit size of 450 sq.ft. should only be considered for coversion projects or SROs designed exclusively for senior citizens. 4. Unit Requirenents Each unit should be furnished with a bed, chair_, table, color television, and telephone. Each unit should have a kitchen and fully enclosed bathroom. SRO hotels should be parked at 0.5 space per single occupancy guest room. Parking should increase to a minimum of 0._8 space per unit for single occupancy guest rooms that are larger than the minimum room size standard. Parking should further be increased to 1 space per unit for any rooms that are at the maximum size limit, unless the units are restricted to senior citizens. Double occupancy units should have double the parking requirement of single occupancy rooms based on the proceeding formula. Secure bicycle parking should also be provided. 6. Management and Securit A complete management- plan shall be submitted with each project. The plan should address hotel staffing; maid ser- vice, 24-hour live-in manager, desk clerk,' security, and jani- torial service staff. The plan should discuss both internal and exterior security including controlled entry and exit, guest sign -in and regulations on guests, and- video camera monitoring of common use areas including parking and open space. is CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY POLI-CY EFFECTIVE SUBJECT SINGLE ROOM OCCUPANCY (Sgo) NUMBER DATE PAGE RESIDENTIAL HOTELS 540-5 09/01/9. 3 of 4 7. Rental Term SRO rooms may be rented on a monthly, weekly or daily basis. Daily rentals should be limited to a maximum of lot of all rooms or a -total of 5 roams whichever is less. Monthly rentals should be predominant.' 8. Rental Rates All SRO units should be rented at or below the low income affordable rental rate with at least 50% of the units affordable to very low income tenants. Additionally, 50% of that segment should be available at rentals not to exceed 20% of 50% of the median income for the low end of the very low income classification. Every effort should be made to establish rental rates that are affordable to service workers at the low end of the Very low income classification. 9. Common Areas Common areas should be provided as follows: 400 sq.ft. minimum. If the project exceeds 30 units the common areas should be increased by 10 sq.ft. per unit above 34 units. The common area should be divided between interior and exterior areas with neither having less than 40% of the total. 10. Sta age Areas Each unit should be provided with a closet and/or storage area of at least 44 cu.ft. and a locker of at least 10 cu.ft. should be provide for each unit. 11. Transient Occupancy Ta SROs processed in accordance with this policy should be exempt from the City's Transient occupancy Tax. 17 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY POLICY EFFECTIVE SUBJECT SINGLE ROOM OCCUPANCY (SHO) NUMBER DATE PACE - RESIDENTIAL HOTELS 500--5 09/01/91 4 of 4 12, Lau dry Facilities Laundry facilities (coin operated washers and dryers) shall be provided near the carman indoor open space area. 13. Additional Standards The Uniform Building Cade and Uniform Fire Code shall also apply to SROs. -_ -- - - ATTACHMENT 5 r r r If If 19 A total of 789 motel rooms from chain and independent motel operators may be converted to SROs, FROs, or extended stay units. The City projects that about 20 percent of this motel inventory may become alternative long-term housing options to low/very low income households. This amounts to approximately 78 SRO, FRO, or extended stay units by Year 2014. Given that the Newport Senior Villas currently contributes 91 SRO units to the City's housing stock, this projection is considered reasonable. ABILITY TO ACCOMMODATE THE RHNA Based on units constructed, preserved, under construction, and approved, as well as vacant and underutilized sites available, the City of Costa Mesa is able to fully accommodate its RHNA (see Table HOU-47). TABLE HOU-47 SUMMARY OF RHNA STATUS Extremely single parent households, single female head -of -households, or other special needs households with three to four members. RHNA _ The City may encourage the conversion of motels into SRO and FRO units to LOW 289 meet the demand for affordable housing by single -parent households or small Above Moderate 710 families. The City may waive the conditional use permit fee for these types of Constructed development applications and also allow increased flexibility with integration 13 SRO and FRO units within in the same motel complex. Because these 154 affordable units would provide rental housing and not ownership housing, the Preserved (Completed or Planned) payment of park impact fees is not required. 72 Extended Stay Units _ - The City recognizes a need to use motelfhotel rooms as a housing alternative for The Units Approved/Under Construction extended stay. City of Costa Mesa Zoning Code allows by right (without a 3 conditional use permit) a specified number of motel rooms to serve as extended 1,376 stay dwellings. A maximum 25 percent of the total number of rooms in each motel in the City may be rented to persons whose occupancy exceeds 28 Vacant Sites (Table HOU-44) consecutive days or 28 days in any 60 -consecutive -day period. This provision _— does not apply to those motel rooms (maximum two units) designated for 34 occupancy by paid employees. The extended stay units provide alternative Underutilized Sites (Table HOU-45) affordable housing choices. r r r If If 19 A total of 789 motel rooms from chain and independent motel operators may be converted to SROs, FROs, or extended stay units. The City projects that about 20 percent of this motel inventory may become alternative long-term housing options to low/very low income households. This amounts to approximately 78 SRO, FRO, or extended stay units by Year 2014. Given that the Newport Senior Villas currently contributes 91 SRO units to the City's housing stock, this projection is considered reasonable. ABILITY TO ACCOMMODATE THE RHNA Based on units constructed, preserved, under construction, and approved, as well as vacant and underutilized sites available, the City of Costa Mesa is able to fully accommodate its RHNA (see Table HOU-47). TABLE HOU-47 SUMMARY OF RHNA STATUS HOUSING ELEMENT* PAGE HOU-85 Extremely RHNA _ Low/ Very Low 353 LOW 289 Moderate 330 Above Moderate 710 Total 1,682 Constructed 16 13 --- 154 183 Preserved (Completed or Planned) 88 72 - _ - 160 Units Approved/Under Construction 5 3 807 1,376 2,191 Vacant Sites (Table HOU-44) _— 528 34 562 Underutilized Sites (Table HOU-45) 122 123 89 487 821 SRO/FRO Units 80 80 __ 160 Additional Capacity in 19 West Urban Plan A �endix C� ^ _ 96 �- g8 TOTAL CAPACITY 407 - 291 1,424 2,051 4,155 HOUSING ELEMENT* PAGE HOU-85 r r ■ r r r r r Costa June 21- 2013 Chair.lim Fi^oatrici, and Cin^ Mesa ?air t DT!Ve give Costa Mesa, CA 92626 RE. Comments on Draft 201 Dear Chair Fitcn„atrick and Affordable Housing CaaRtion Commissioner Members .Housing Element Update (114ay 2013) Comn- ssinn ivtetaben: CITY OF COSTA MESA ATTACHMENT 6 On behalf of the Costa Mesa Afbrdable Housing Coalition !the Coalition), -we thank you for the nitcv to review and corrint on the City of Costa Mesa's 201A--2021 draft Housing emerrt. Ly*;= t,�t reviaT.ved— the�41-1.ft and a,-- public ennmerts. As the City moms Forward with to sul;txvt and create eff4..ti ve p lower income working fxr!tilies. Revior_al Housing Needs Assess income households- it is importa maxirtatn ceiling for future deve .Element makes clear :hat the R11 lower income wonting families these :tnraaet housing needs, •wc a ee*ine the -,or-, housi 1~ lerleni- e :':raft Housing Element lapdate. ttze Coalition urges the Cita cies that interni«7e ate development of homes affardable to though for this new planning period the City has a total :nt (RENA) of —two dwelling units for very low- and I to note that the RKNA is the bare minimum and not a pment in the City. Si mificantly. the Cin•'s draft Housing A does not reflect or address the exiving housing needs for I special needs residents jiving in the City. Given the depth of undc-rstandably disappointed at the Gay's lack of progress in rrrodnction goals set forth in the 2009-2034 Housing Mindful of the need for new, e-, tive policies that will lead io the aLmai development of homes affordable to lower incorne wo, , ng fatuities. the Coalition pro=ides the following recammendavons for the City- £. Meaain2fullry angagc and 0ollaborate with the Coalition and community stakeholder, to dei,elop effective housing policies and programs that will increase affordahle home opportunities for'•ower income working households. 2. Prioritize and 'Facilitate th de*reloarnent of near rental homes affordable to lower income N��rieins families, specifi Ily including two- and,"., e- I:edv-mm units for Isrze farni!iei. on c;- =-cwned .=ices (e.g, erior Center parking lot site). a. Create Request fot! Proposals (RFPs) on city-owzaed sites to leverage the land and funding to create *eper af-ordabiliry levels. HOUSING ELEMENT • PAGE HOU-A3 %sta Mesa General Plan. Chair Fitzpatrick and Planning June 21, 2013 Page 2 of i sioner Members 3. Provide attractive by -right itives and concessions of certain development standards that developers are not other n.1 entitled to, in exchange for a dedication of 20% of homes affordable to extremelyvlow-, very Iorz- and low-income families in the Cit;. 4. Amend the City's overlay zon Specific Flan) to facilitate the commercial and ligh.andustri f also zffered in the current do deferral of fees for affordable re: til homes for lower incom, incentivize the development e del,eiopments in the o='=ay z homes constructed are set-asii 5. Commit specific funding or affordable for ea-tremely for Examples include: s (e.g., 19 wesk Urban Plan Area. and North Costa Mesa ievelopment of a7ordable homes in arms with existing uses. l-Ic3tising Program 4 in the past planning period I Element) promoted density bonus incentives and the some developments bui it hes not effiectisely , roduced families in mixed-use designations in the City. To affordable homes, residential and mixed-use n should be allowed by -richt if at least 2ffs of the as affordable for lower income working families. jai resources to facilitate the development of homes ne. ti eri low, and low-income working families. a Levera g housing fu3ds and. resources (e.g_ in -lien fees or impact fees) on potential candidate sites (e.g., Senior Center par'aing ]nt) for lower income homes that will help increase Oedevelopment's competitiveness whet: applying fm - Low -Income Housing ax Credits. b. Proriti2ing 20% of SE RAF reKmeuts (boame=- funds) to proposer) extremely low-incomeaffordable rental devclopments Shat le.eraqe additional Sinding sources (e.g., ow -Income Housing ax Credits). & Create an affordable housing tegie pian similar to the City of Anahcirr. w fere the City commits to consveting specific number of multi -family rental homes that will be affordable to lower incorne rldng families. 7. Prioritize the it plemer Cation specifically regarding the Cit Center and its pmject propon on this site." I 8- continue monitoring and or have affordability covt peTiod- Chapter5 2013-2021 Housing, Cin• HOUSING ELEMENT • PAGE HOU-A4 T -,m rarn 4• Incentives for Affordable Housing support to `work —Mth the Fairview Uevelopmet:tal towards the arovision or 10011/a affordable imusineunits ating the preservation of affordable homes that are at risk that are set to ex-pire during the 2014-2021 planning Mesa, p.67, Mi r' 2013. C2I CITY OF COSTA MESA Chair Fitzpatrick and Planning Cormnitommcr Members .lune 21, 2013 Page 3 of 3 9. Reduce the parking requiiemem for Granny units From two to one space to snake these units less cx xrsiveto develop Given the City's high housing costs and especially those on the lower economic and work in this City. The significant in homes not only hurt workers and familia and attractiveness to major employers- F affordable homes in ilte City means wor congestion and spending manes and tim their money in the City. earth of affordabie homes. malty workers and families, ng, overpay for housing and struggle finarteially to live acts of high housing costs and lack of affordable but also impact the city's economic competitiveness im a major employees pe:spective, the lack of =rs have to eommuze from elsewhere. adding to on commuting rattier than spending and reinvesting Given the importance of the draft 2014 021 Housing Element update. the Coalition welcomes the opporn-mity to continue our dialogue on how we can partner with City staff to ensure that the draft housing Element includes specific policies slues will result in new affordable homes for extremely low-, very low -and low-income working families in the City. Please keep us informed of any revisi� Rousing Element and if you have any kmesfahani(a),attame" Sincerely, Kathy Esfahani Member, Costa Me -a Affordable Hot cc: Lisa Bates, California 111ousing a3 Christian Abasto, Public Law Cel Cesar Covamnmbias. The Kennedy , updates and meetings regarding the draft 2014-2021 estions, please free to contact me at: (714) 932-1174 or Coalition Development Department HOUSING ELEMENT + PACE ROU -A5 A HOUSING ELEMENT • PACE 110U -A2 Costa Mesa General Plan -.zXennedy C) M M 1 5 5 1 e dune 21, 2013 www.kcrriedycommission.M 17791 Cowan Arc, Sai200 Iry9sne, CA 92514 949 250 0909 Fax 949 263 0647 Chair Jim Fitzpatrick and Planning Con missioner Members City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 RE: Comments on Draft 2€114-2021 Housing Element Update (May 2013) Dear Chair Fitzpatrick and Planning Co ion Members: The Kennedy Commission (the Commi ion) is a broad based coalition of residents and community organizations that advocat for the production of homes affordable for families earning less than $20.000 annually in 0-ange County. Formed in 2001, the Commission has been successful in partnering and working w th jurisdictions in Orange County to create effective policies that has led to new construchor of homes affordable to lower income working families. The Commission is submitting this lett in support of the Costa Mesa Affordable Housing Coalition's letter dared June 21, 2013 it regards to the City's 2014-2021 draft Housing Element. ' implement The Commission looks forward to wor in partnership with the City to create and effective policies and programs in theCity's draft Housing Element that will mcentivize the development of homes affordable to lower income working families. Please keep us updated on the City's responses to the Coalition's rmommendations and on any revisions regarding the draft Element. If you have any questions. please free contact Cesar Covanubias at (949) 250-0909 or cesarc@kennedycommission.org, Sincerely, Cesar COvarrubias Executive D'ir'ector cc: Lisa Bates, California Housing and Community Development Department Christian Abasto, Public Law C Kathy Esfahan, Costa Mesa Affiai.dable er Housing Coalition A HOUSING ELEMENT • PACE 110U -A2 Cassa Mesa General~ Comment 2: Continue to support the development of affordable homes on the Fairview Developmental Center site. Response: The Fairview Developmental Center withdrew its application to develop affordable housing on site. The City has included a monitoring component in Program 12 (Adequate Sites) to monitor the State's intent for the site. Comment 3: Support and identify a specific $ite for the development of an emergency shelter. Response: As required by law, the City has identified the PD Industrial zone to permit emergency shelters by right. The City only has the authority to designate a zone for allowable uses but does not have the authority to designate private properties for public uses. Comment 4: Reinstate Program 12 - Single�Room Occupancy, Family Residential Occupancy (FRC) as a stand-alone program. Response: Currently, most motels in the City already incorporate an extended stay component. Based on comments from stakeholders at public meetings, FRCs or existing motel rooms are not an appropriate housing arrangement for families. The City has introduced a new program to facilitate and encourage adaptive reuse of motels into permanent housing for families (Program 10). Comment 5: Prioritize and facilitate the development of new rental homes affordable to lower income working families on City owned sites. Create an Affordable Housing Land Trust and issue RFP on City owned sites for affordable housing. Response: The City owns only a few prpperties — two City -owned parking lots serving under -parked commercial areas; Senior Center with associated parking lot; and a vacant property at 111 Fair Drive that is set aside for an institutional use. Given the small portfolio, an Affordable Housing Land Trust is not an appropriate or feasible tool. No affordable housing developers have expressed interest in utilizing the Senior Center parking lot. rurthermore, the City is in the process of updating its Land Use c=lement, which will consider various options for the site. Comment 8: Provide attractive by -right incentives and concessions of certain development standards that developers are not otherwise entitled to, in exchange for a dedication of 20 percent of homes affordable to extremely low, very low, and low income families. Response: The City does not have an inclusionary housing ordinance. Given the current market conditions and the Governors veto of AB 1229 (to restore 'inclusionary housing policies), the City is not in the position to consider inclusionarly zoning at this time. Comment 7: Amend the City's overlay zones to include effective incentives that will facilitate the development of affordable homes in areas with existing commercial and light industrial uses. Response: The overlay zones (in Urban Plan areas) allow residential and mixed use developments in areas that normally do not allow residential uses. The flexible development standards are established to encourage a range of housing options in these areas. Affordable housing incentives are available citywide, including fee defelrrals and density bonus. The City has recently amended the Specific Plan to allow high density residential at 28 units per acre on Sakioka Lot 2. Overall, the City's residential sites inventory far exceeds its RHNA allocation of two units. Furthermore, as part of the City's General Pian update, the City is considering other areas for future residential development. Comment 8: Commit specific funding or financial resources to facilitate the development of homes affordable for extremely low, very low, and low income working families. Leverage housing funds on �C HO ELEMENT 4 PAGE 110U -A14 1 C��ta Mesa Gene�i-al� I conversion. Provide information regarding HUD's special vouchers set aside for households losing project -based Section 8 assistance (applicable to Casa Bella only). Work with property owners and nonprofit housing providers to pursue State and federal funds for preserving at -risk housing. For density bonus projects, require property owners to inform the tenants of affordable units at least two years in advance of the expiration of affordability controls to allow tenants adequate time to explore other affordable housing options. Work to replenish the City's affordable housing inventory via: the City's Density Bonus ordinance to create new affordable units. Funding Sources: State and federal preservation funds Responsible Agencies: Development Services Department/Housing and Community Development Division 9. Condominium 0onversion According to the 2010 U.S. Census, the percentage of owner -occupied households compared to renter ,households is 43% (owner) and 57% (renter). The City recognizes the importance of offering affordable homeownership opportunities in order to promote a balanced and diverse community. The City will revisit its condominium conversion ordinance to remove potential constraints to conversion. Specifically, many apartment developments would not be able to meet the City's current parking and open space requirements. The City will adopt an ordinance to promote development streamlining and condominium conversion. 2013-2021 Objectives: Adopt condominium conversion ordinance in Zoning Code in 2014 with the objective of removing constraints to conversion. Funding Sources: Department/Division budget provided by General Fund Responsible Agencies: Development Services Department/Planning Division 10. Adaptive Reuse for Multi -Family Housing To expand housing pptions in the community, the City may allow, subject to a Zoning Code Amendment authorized by the City Council, the adaptive reuse of an existing motel use. to a residential use for multi -family housing. 2013-2021 Objectives: Process Zoning Code Amendment in 2014/15 to allow a discretionary review of motel conversions to multi -family housing. Funding Sources: Department/Division budget provided by General Fund Responsible Agencies: Development Services Department/Planning Division 11. Supportive Services for Persons with Special Needs The City recognizes certain segments of the population require additional Im assistance to secure decent housing and supportive services. Special creeds groups in Costa Mesa include: seniors, persons with disabilities (including developmental disabilities), homeless and at -risk homeless. and low income families Im (including large households, female -headed households). Through the annual action plan process for the CDBG program, the City evaivates the needs of various. special needs groups and allocation CDBG Public Service im dollars accordingly. The City will continue to expend CDBG funds in a manner that A HOUSING ELEMENT + PACE HOU-70