(E) Self-direction. (F)Capacity for independent living. (G) Economic self-sufficiency.  (2)4 A reassessment ofs substantial disability for purposes of continuing eligibility shall utilize thes same criteria under (m)" "Native language" means the language normally used or the] preferred language identified byt the individual and, when appropriate, his or her parent, legal guardian or conservator, or authorized representative. (Amended by Stals, 2015, Ch.. 303, Sec. 574. (AB 731) Effective. January 1,2016.)  which the individual was originally made eligible.    Los Angeles County Department of Regional Planning Planning for the Challenges Ahead  CALIFORNU  AmyJ.E Bodek, AICP Director Aey9-18  April 4, 2018  JIM KASAMA, CITY PLANNER CITY OF BRADBURY 600 WINSTONAVE BRADBURY, CA 91008  LOCAL ZONING BEST PRACTICES FOR SHELTER AND TRANSITIONAL AND SUPPORTIVE HOUSING  On behalf of the Los Angeles County Department of Regional Planning, I am pleased to share the attached Local Zoning Best Practices for Shelter and Transitional and Supportive Housing: A Senate Bill 2 (2007) Primer with you. It is challenging to understand the requirements of Senate Bill (SB) 2 and what it means for a city's zoning code and development process. This primer provides recommendations for SB 2 compliance as well as best practices for encouraging the SB2(Cedillo) was approved in 2007 with the goal of preventing land use barriers to development of shelter, and transitional and supportive housing. Strategy F1 of the County of Los Angeles' Homeless Initiative is to Promote Regional SB 2 Compliance and Implementation. This strategy includes the creation of a Best Practices Guide, an analysis of the County Code for SB2 compliance in the County'su unincorporated areas, and outreach to cities within Los Angeles County, including the development of a website. It is in the spirit of regional cooperation that we encourage you to ensure compliance with SB2 2; the primer serves as at foundation to addressing this issue. land my staff are available to assist you if needed. Ify you have any questions, please contact Heather Anderson at (213) 974-6417 or anderson@panning. laçounty.gov.  development of shelters, and transitional and supportive housing.  are providing this primer for your information.  Sincerely,  pjp Amy J. Bodek, AICP Director AJB:CCHArems Attachment  AP.DADAIB_LZONINBESIPRACTC  320 West Temple Street Los Angeles, CA 90012-213-974-6411 Fax:215-6260434-1DD:215-0172292    Local Zoning Best Practices for Shelter and Transitional and Supportive Housing  An SB 2 (2007) Primer  Public Counsel  De.aicomert Project eraber2017    Acknowledgments  Public Counsel is grateful tol Michael Rawson oft the Public Interest Law) Project and Paul McDougall of the California Department of Housing and Community Development: fort their thoughtful reviewa and Public Counsel would alsol like to recognize the following agencies andi individuals. This guide wouldn not  comments ont this Guide.  havel been possible without their contributions and support: Los Angeles CountyBoard of Supervisors Supervisor Hilda Solis Supervisor Mark Ridley-Thomas, Chair Supervisor Sheila Kuehl Supervisor Janice Hahn Supervisor Kathryn Barger Los Angeles County Department of Regional Planning Richard Bruckner, Director Dennis Slavin, Chief Deputy Director Mark Child Connie Chung Svetha Ambati Heather. Anderson LosAngeles County Homeless Initiative Phil Ansell, Director Corporation for Supportive Housing David Howden Susan Lee  HOMELESSI INITIATIVE  CSH  O: 2017 Public Counsel    Introduction  Onl February 9, 2016, thel Los Angeles County Board of Supervisors unanimously approved al landmark plan representing the most comprehensive effort ever undertaken byt the County to combat homelessness. The Homeless Initiative includes 47 strategies. The same day, the City ofI Los Angeles adopted its] plant to address thel homelessness crisis. Together, the City and County strategies aim for strategic and historic levels of collaboration to attack root causes of! homelessness. The County and City plan to spend hundreds of millions This SB 21 Best Practices Guidel helps implement Strategy Fi("Promotel Regional SB: 2 Compliance: and Implementation")s oft the County's recommendations toi increase affordable/homeless housing. Its) purpose is to educate citiesi in Los Angeles County on: zoning and) land use actions they can take toi increasel housing opportunities for people experiencing homelessnessi in our communities. Iti recognizes ther need for all jurisdictions to dot their fair sharei in zoning to address homelessness and encourages compliance with California Senate Bill: 2 (SB: 2), which amended State Housing Element Law and the State Housing Accountability Act (effective in 2008) to require removal of specific zoning barriers to development of Ati its core, SB 21 uses land use policy to maximize the availability ofa affordable/homeless housing. Ast funding forl homeless housing means little without the availability of land appropriately: zoned tol build that housing, local SB: 2 compliance is a necessary complement tot thel housing and services funding strategies set forthi in  of dollarsi ini the nexts several years on fighting homelessness in the region.  supportive and transitional housing and emergency shelters.  the county and city plans. What does this guide do?  INTHIS GUIDE Introduction. What does this guide do?..  2  This guide provides local governments and advocates in Los Angeles County with an understanding of what SB: 2 ar manneri that affirmatively advances solutions to SB: 2, and consequences: for non-compliance, as well as how fair housing and: anti-discrimination laws factori in. across Los Angeles County. Finally, it concludes with examples of best practices in SB: 2 implementation and suggestions for further actionsjurisdictions can take beyond SB: 2t to advance the provision ofe emergency shelter and transitional and supportive housing.  is, and how toi implement its provisions in zoning codes in What is SB2?..  homelessness. It addresses common misinterpretations of Protected uses: emergency shelters and This guide then reviews implementation of SB: 21 in cities How does SB: 2 protect siting ofemergency  transitional and supportive housing. shelters..  5 13 14 17  A case study- LosAngeles.. : 11 How does SB 21 protect transitional and supportive housing.... A case: study - Oakland.. SB2's amendments to the. Housing Accountability Act... laws...  What is SB 2?  SB: 2, effective January 2008, amended California's housing element law (State Housing Element Law) and local governments tot take specific zoning actions to encourage the development of emergency shelters and under the HAA, aj jurisdiction cannot deny applications fors such types of! housing and shelter without making specific evidence-based findings. State Housing Element Law mandates that alll local general plan, which' "makels)adequate provision fort the housing needs of all economic segments ofthe  California's Housing Accountability. Act (HAA)to require Fair housing and ant-diserimination transitional and supportive housing. It also clarifies that How is Los Angeles County doing in zoning  for homeless) populations Looking beyond SB2..  22 25 27  Recommendations) fori implementinga  governments adopt al housing element as) part of thel local successful: SB: 21 program...  O: 2017 Public Counsel  2    community." "2 Thel HAA prohibits al local government from denying affordable housing developments without making certaini findings.3 State Housing Element Law and the HAA, along with other federal and state fair housing and anti- discrimination laws, work collectively to ensurej jurisdictions advancei inclusivel land use: and zoning policies that address housing needs for all - but particularly for people with lower incomes, special SB2'sa amendments to Statel Housing Element Law and the HAA describe four major requirements: Assess: need for emergency shelter: Each jurisdictionfshousing element must assess the need for housing ands services forl homeless persons and families, and specifically assess thet unmet need for Demonstratel by-right zoning for shelters: Eachjurisdiction: musti identify a zone or zones where shelters arej permitted without discretionary approval (by-right) with sufficient capacity to meet the unmet need. The jurisdiction must also demonstrate that existing or proposed permitting processes are Treattransitional and supportive) housing the same as other residential uses: Each jurisdiction: must treat transitional and supportive housing as residential uses of propertyi in: its zoning code, subject onlyt tos restrictions that applyt to other similar residential dwellings. Include shelters and transitional and supportive) housing as protected uses under the HAA: Emergency shelters andt transitional and supportive. housing are nows specificallyi included within the categories of usest that arej protected by the HAA (and therefore included within thet types of projects that Consistent with State Housing Element Law, SB: 2 does not require jurisdictions to build or fund shelters or housing - it simply requires thel local jurisdiction's: zoning codet to: affirmatively advance these uses. Importantly, SB: 2 also does not restrict howl locai governments allocate resources to address local priorities  needs, seniors, persons with disabilities, veterans, and other target populations.4  emergency: shelters.  objective and encourage the development of shelters.  jurisdictions havel limitedi bases to deny).  and needs.  Why should we care about implementing SB 2 in our. jurisdiction? Compliance with SB: 2isa a key stepi in developing a comprehensive strategy to housei individuals and families who arel homeless. SB: 2t takes ai fairs share approach - requiring allj jurisdictions across the State to update zoning ordinançes tol helpl house people int thej jurisdiction who are homeless - sot that the task does not fall on any single locality or region alone. Itj protects occupants of the shelter or housing from discrimination by clearly focusing on the impacts of thej proposed use, rather than the occupants. Lastly, it helps remove barriers tos siting thei types of shelter and housing that would be most beneficial toj people In addition, implementing SB: 2 willl helpe ensure that localj jurisdictions are eligible for certain state and federal funds. Housing element compliance is ar requirement of many funding programs, and: ai finding of compliance is unlikelyifaj jurisdiction has not implemented SB: 2. For example, the State's Affordable Housing and: Sustainable Communities Grant and Housing Related: Parks program include! housing element compliance either as a requirement or as af factor for consideration.s Implementation of SB2 mayalso makel localj jurisdictions more competitive in applications forf federal funds, such ast those Finally, an SB: 2 compliant zoning codel helps local jurisdictions shield themselves from costlyl litigation. Recent SB: 2-focused litigation included consequences ranging from orders compelling compliance, moratoriums onl building permits, and payment of tens oft thousands in attorneys' fees.6  who are experiencing! homelessness.  available from the Home Investments Partnerships (HOME) program.  O 2017 Public Counsel  3    Uses protected by SB 2: emergency shelters, transitional  housing, and supportive housing  SB: 21 protects emergency shelters, transitional housing, and supportive housing. Thet technical definitions oft these uses are defined ini the statute and discussed later ini this Guide. Thei followingi is an explanation oft the common usages oft thet terms, and how these usesi fit into a comprehensive. homeless strategy. Emergency shelters are temporary housing available toi individuals and: families experiencing homelessness. Shelters provide thel leasti intensive programs, generally providing meals, a cot: and minimum case: management: services. They often operate: froml late afternoon to early morning. Individuals and farnilies can typically stayi in shelters for upt to six months.  What is an emergency shelter?  What is transitional housing?  Transitional housing serves as a short-term stay when ani individual orl household: is either waiting to securej permanent housing, or has secured permanent! housing thati is noti immediately: available. In the homeless services field, the current model: fori thist type ofi intermediary housingi is called bridge housing' or 'interim housing.' Most' bridge housing' and' 'interim housing' fallst under SB2's definition of transitional housing." Thet target population fort transitional housing, may bei those with special needs, including people with substance: abuse problems, people with mental health issues, domestic violence survivors, veterans, or people with. AIDS/HIV.7 Transitional: housing programs typically provide residents with services (often geared toward: fostering independent living) through a housing provider directly and/ort through coordination with local nonprofit and government agencies. Because thei intent ist to prepare residents tot transition toj permanent. housing, residential stay is limited tot two years (24 months). Livingi int transitional housing is not a prerequisite to obtaining permanent housing or permanent supportive housing. Transitional housing is typically in multi-family residences, but can alsol bes single- family residences, and may be provided at no cost to residents, or at an affordable cost.  What is supportive. housing?  Supportive housing offers deeply affordable. rents wheret thet tenant pays no more than 301 to 40) percent of his/herl household: income on housing costs andi thet tenant] has easy access to a comprehensive array of individualized and flexible services, either on-site ori in proximity tot thel housing site. Tenants have al lease offering an indefinite length of stay as long: as the tenant complies withl lease requirements. Supportive housing provides access tol health ands social: services, such as mental health and: addiction therapy, medical care, and case management to assisti tenants achieve stability and) lead productivel lives in the community.s Supportivel housing cani include apartments and single-familyl homes. Thet term "single-site" housing refers to peoplel livingt together in al building or complex of buildings, while' scattered-site" housing refersi tos residents livingi inz apartments orl houses] locatedi throughout the community.9  Why are these uses critical to ending homelessness?  Housing is thel key to ending a person's! homelessness. Often people experiencing! homelessness arei facing multiple barriers to employment and housing stability, including mental illness, substance use, and/or other disabling or chronic health conditions. Supportivel housing provides a combination of affordable housing and supportive services designed tol help vulnerable: individuals and families use stable housing While ending homelessness: requires ai foçus on permanent housing solutions, temporary housing is still necessary to support at full system. Shelters andi transitional housing should not only provide a placet to stay, but also serve: as aj place to1 triage and: assess clients' short- and! long-term housing and service needs.  as a platform for health, recovery and personal growth.  O: 2017 Public Counsel  4    Why do these uses need special treatment in the zoning code? These uses tend toi face vocal opposition, often based on misperceptions about the population served. Opposition can also stemi from an overall community resistance to change, increased density or traffic associated with the project, and any other host of concerns (some legitimate, some not). Unfortunately, local prejudices often result in policies andj practices that inhibit the development oft these uses, thereby exacerbating patterns of racial ande economic segregation.10 SB: 2 limits thei influence oft this prejudice,  thereby paving the wayf for a smoother approval process for these uses.  How do SB2's amendments to State Housing Element Law Immediate shelter is a critical and necessary resource: for people experiencing homelessness. Yet the process for approval of emergency shelters in localj jurisdictions has al history of uncertainty andl barriers. SB 21 was enacted to address the State's concern that shelter providers "encounter tremendous resistance at thel locall level" andi that despite the need for shelter, "some communities offer no: zones in which  protect siting ofemergency shelters?  shelters are: allowed."n  In March: 2017, Corporation: for Supportive Housing ("CSH")a and Public Counsel conducted an online survey (the' "survey") of nonprofit organizations developing and siting supportivel housing, transitional housing and emergency shelters throughout Los Angeles County in order to determine the extent to which cities are affirmatively advancing these usesi ini their zoning codes. According to that survey, emergency shelter providers identified overlyl burdensome! local conditions: for approval including low! bed] limits, required monthly community meetings, neighborhood; patrols, and limits on the number  Shelters havel been denied or unpermitted for unlawful reasons -i fore example - becauset the population served and location were "too close" to schools or daycare centers. SB: 2 prohibits such reasons for denial.  of people that could be served daily at thes shelter. Providers also described expensive, time-consuming discretionary approvals processes, the outcomes of which were unlawful denials. For example, shelters havel been denied because the population served and location were too close to schools or daycare centers. In one case, as shelter provider proposed 12 sites to al localj jurisdiction.. All were denied, and during the: 3- Thel by-right zone (or zones) for SB: 21 related to shelters is that cities and counties must have shelter must be large enough to at least one: zone that permits emergency: shelters without meet the jurisdiction's" "unmet discretionary approval, or "byr right."a Thel by-right zone (or development: standards are: subject to approval at thes stafflevel, rather than a discretionary approval ata With SB: 2, shelter developers will know where they are) permitted tol build and operate shelters by-righti in thej jurisdiction, and will not spend valuable time and resources acquiring parcels that have no realistic potential for approval for use as a shelter. Since: zoning ordinances: require legislativel body approval through a public hearing process, the community stilll has the opportunity to weighi in on where shelters should be permitted in thez zoning code amendment process, rather than at a more controversial point  yearl legal challenge of this decision, the provider losti its funding tol build.  Toa address these types ofl barriers, thel basic requirement in zones) must bei identified in the housing element, and must bel largee enough to meet thej jurisdiction's need for shelter. By-right projects that meet the community's; zoning and  need" for shelter.  public hearing.  where ani individual shelter iss seeking approvals from thej jurisdiction.  O: 2017 Public Counsel  5    SB: 2 does nots require aj jurisdiction tol build any shelter, nor does it require a localityt toj permit shelters by-right on every site. Once aj jurisdiction! has identified sufficient by-right zoning to: meet its unmet need fors shelters, iti may designate other zones that require a conditional use or other discretionary permit for  shelter use.13  What types ofe emergency shelters are protected by SB 2?  SB: 2 defines emergency shelter as' "housing with minimal supportive services forl homeless persons thati is limited to occupancy of six months orl less by a homeless person. Noi individual or household may be Giveni thel broad scope oft the SB: 2 definition, most emergency shelters that commonly operatei tol house people experiencing! homelessness and that dor not charge for such service arel likelyt to: fall within the scope oft the statute's protection. Thus, as aj jurisdiction' looks to ensure: its zoning code complies with SB 2,i itisi important to ensure that the: zoning code definition of èmergency shelter is consistent with the statutory definition. AI more narrow definition: may conflict with the statute. Fore example, some jurisdictions define emergency: sheiters toi include only shelters operated by nonprofits or religious organizations. Others requiret the emergency: shelter developer to provide moret than minimal services. Others fail toi include the required language ensuring shelters do not deny anyone based on inabilityt to pay. Insofar as these definitions limit the types of shelter that would bej permitted by-right under SB: 2, How can myjurisdiction assess unmet need for shelter beds?  denied emergency: shelter because ofa ani inabilityt to pay."14  they do not comply with: SB2 2.  Thel by-right zones must demonstrate sufficient capacity" to accommodate "unmet need."s How does aj jurisdiction: assess whether its zoning meets this requirement? Tostart, thej jurisdiction needs to understand itst unmet need fore emergency shelter. While SB 2 does not] provide: a specific formula to determine this number, Department of Housing and Community! Development (HCD)guidanceis  instructive and explained below:16  Determine msheltered homeless count: Determine thet total daily average number of unsheltered persons, including, ifp possible, al breakdown oft the number ofs singler males, singlet females, andi families with children. Datasets are available for the: 2016 GreaterLA1 Homeless Count that breakd down the number oft unsheltered homeless persons by jurisdiçtion andi by census tract.17 The number of unsheltered: homeless persons takei into accounts seasonal andy year-round need.18 Subtract existing beds and amits that are vacant and available to homeless population: Determine the number ofa available: ande existing resources: availablei toj persons experiencing homelessness int thec community, including shelter) beds, transitional! housing and supportivel housing units. Count onlyy vacant and available beds or units in the community. Also, takei into consideration whether availablel beds/units match the needs ofy yourj jurisdlictionshomeles: population. Fore example, ifyourjurisdiction! has only ones shelter, and thes shelter does not accept families,a any availablel bedsi int thats shelter: should not be counted as an available resource for thet family portion oft the Subtract qualifying: pipeline beds and units: The unmet need for shelterb beds can bei further reducedl by takingi into account certain beds or unitst that arei int the pipeline forj production duringt the housing element] planning period." There are two wayst to do this. First,jurisdictionst that havea adopteda 10-year plan toe end chronic homelessness (a separate document: from thel housing element) may subtract ther number of supportivel housing units identified int that 10-year plan that arei in thep pipeline for production during thel housinge element planning period. Second, local governments can: agreet to work with up: tot two other adjacent communities usingar multjurisdictional: agreement requiring parties to developa atl least one) year-round emergencys shelter within twoy years oft thel beginning oft thel housing element planning period. Aqualifying agreement (as detailed in a housing element approved by! HCD) willa allow thej jurisdictiont tor reduce its ummet need further, inj proportion tot thet number ofbedsi in the  homeless population.  pipeline allocated toi itint thea agreement.  @: 2017 Public Counsel  6    Calculate the unmet need: The result of the preceding stepsi is thet unmet need fors shelter for persons experiencing homelessness: int thej jurisdiction, boths seasonally andy year-round. The steps are  illustrated int the following table.  Calculating Unmet Need for Shelter Beds  Numherof Unsheltered Homeless Peaple X  Number of Available, Vacant Beds and Units Y  Deductions for Pipeline SH Units" Unmet Need for  or Pipeline Bedsi ina Mwltijuridictional. Mgreement a Z  Shelter Beds X-Y-Z  How does myjurisdiction demonstrate sufficient by-right capacity to Once thet unmet need fors shelter beds is determined, thej jurisdiction must identify a zone or zones with  accommodate unmet need?  sufficient by-right capacity to accommodate the need.  What does "by-right"'mean?  Ini the SB 2 context, "by-right" meanst that emergency: shelteri isa a permitted uset that does not requirea conditional use permit or other discretionary permit. .21 Only administrative approval may bei required - meaning that the decision-maker determines only whether therei is conformity with objective standards, and is not authorized to exercise independent, subjectivej judgment. Requiring conditional use permits, variances, or other procedures requiring discretionary decision-makingi fort the chosen zone or zones would violate thes statute. Design review is permissible, but this process must be ministerial, rather than discretionary.- And unless thej jurisdiction requires public notice of other non-discretionary actions, it Some jurisdictions create' "overlay zones" as ai mechanism toj permit shelters by-right. An overlay zonei is superimposed ont the existing zoning map, and modifies the underlying zoning classification within its boundaries. Consistent withi the general requirements of SB: 2, ifaj jurisdiction chooses to do an overlay zone, it should ensure that there is sufficient capacity in the overlay zone to address the entire unmet need for emergency shelter, after subtracting anys sitest that are not suitable, havel limited realistic potential for  should not require public notice of applications for emergency shelters.  development, or are otherwise inconsistent with SB2 2.23 What does "sufficient capacity"mean?  Sufficient capacity means that thei identified by-right zone or zones have enough spacet to] physically accommodate the unmet need fors shelter beds identified! in thej jurisdiction's) housing element. To understand ift therei is sufficient capacity within thei identified zone or zones, aj jurisdiction mayt taket the  following steps:  Determine total by-right acreage: Calculate the total acreage ofs sitesi in thel by-right zone or zones. Subtract sites within the by-right zone or zones that do not have realistic potentialfor development or are not suitablef for shelter development: Sites within thel by-right zone or zones must! have: realistic potential for development or reuse int the housing element period, and must! be suitable fors shelters, accounting for safety hazards such as flooding, contamination, and other environmental constraints, anda accounting for location, including proximity tot transit, job centers and publica and community services. 24 More details on determining realistic) potential ands suitability are discussed lateri in this section.' The result of thiss stepi ist the realistic and suitable by-right acreage.  O 2017 Public Counsel  7    Determine an average ori ideal beds per acre: Thej jurisdiction should determine an average or ideal "beds per acre" fora as shelter byl looking ate existing shelters. This can varyl between jurisdictions, so therei is no Multiply the realistic and suitable by-right acreage by the beds per acre: The result of this calculation ist thej jurisdiction's: shelter bed capacity. In other words, the number ofs shelter beds that could be Compare the capacity to the unmet need: Ifthej jurisdiction'ss shelter bed capacity is moret than the unmet need, thej jurisdiction) has demonstrated sufficient capacity. Ifthej jurisdiction'ss shelter bed capacityi is less than the unmet need, then thej jurisdiction: musti identify additional by-right zone or zones. Realistic and Suitable By-Right Acreage Times Average Beds Per Acre - Capacity  one-size-fits-all: number.  developed within thei identified zone orz zones int thej jurisdiction.  Realistic: and Suitable By-Right. Acreage zone or zones that have realistic suitable for shelter development  Averagel Beds Per Acre shelter developments, or input from providers  Capacity capacity number tot the unmet need for shelter to determine ifs sufficient.  Acreage of sitesi in the by-right Determine based onj previous Once calculated, compare the  potential for development and are ideal for shelters based on  The sufficient capacity analysis must appear in thej jurisdiction'sh housing element. This capacity analysis mayi include only the zones designated by-right for shelter - any additional zones where shelters are permitted as a conditional use or subject to other discretionary approval cannot be considered. Regardless oft the extent ofr needi identified int thel housing element, thej jurisdiction is required tol have at least one by-right zone able to accommodate atl least one year-round emergency shelter.25 The only exceptions to this requirement: arei ift thej jurisdiction is able to demonstrate that the need ist fully accommodated with existing, available shelter beds ort through a multi-jurisdictional agreement.26 How can myjurisdiction demonstrate sites have realistic potential'jordevelopment? Thel housing element should include the vacant or underutilized acreage oft thel by-right zone(s), and the realistic capacity for sheltersi in the: zone(s).277 This mayi include addressing the potential: for conversion of Realistic potential means that emergency shelter development is actually feasible. For example, ifa jurisdiction where the unmet need is significant identifies a singlel by-right zone withl limited lots or sites available for development or conversion, it will be difficult to demonstrate sufficient capacity. Identifying multiple zones that demonstrate, in the aggregate, significant square footage is a better approach allowing potential shelter developers flexibilityi in the site: acquisition process. While not alll lots willl be realistici for development, therei isa a greater chance that enough may be to satisfy the unmet need. In the same way, sites occupied exclusively bye existing, thriving uses are unlikely tol have realistic potential for emergency shelter development unless thej jurisdiction can show a likelihood of redevelopment. Examples may include sites substantially occupied by uses such as stadiums, shopping complexes, and newly constructed: apartments, etc. It would be difficult to demonstrate potential for  existing, underutilized property uses to shelters.  redevelopment of such: sites.  O 2017 Public Counsel  8    How can myjurisdiction demonstrate a zone is "suitable"fore emergency shelters?,  Suitability of a zone for emergency shelter usesi is determined bye examining what other uses are permitted int that zone, and whether those uses are generally compatible with residential and shelter use.) Industrial zones are likely not suitable for residential uses due to potential environmental impacts. However, areas within the zone that are in the process of being redeveloped to include residential uses and wherei industrial uses are being phased out may be compatible. 28 A commercial zone that) permits residential or residential compatible services (i.e., social services, offices): may be suitable: for shelters. Underutilized civic buildingst that] have the zones where day-to-dayl livingi is appropriate.  Unsuitable or unrealisticsites include: Industrial sites City- or county-owned water reservoirs Beach] parking lots Actively utilized civic) buildings Sewage treatment plants Fire stations City- or county-owned utility lots  may  potential for conversion may alsol be suitable for shelters if compatible withi residential uses. In establishing al by-right zone or zones, thel local government should consider proximityt to transit, job centers and public and community services. 29 Like any other residential uses, emergency shelters require What are the minimum, objective standards for shelters in by-right zones? Communities may express concern that "by-right" means that they are not ablet to ensure. health and safety standards. However, "by-right" int this context does not mean "anything goes." SB 2] permits local governments to apply objective zoning standards tos shelters inl by-right zones, as long as thej jurisdiction uses ar non-discretionary) process to ensure those objective standards are met. One way to dot this would bet through a site plan review: application that clearly denotes the objective standards. Generally, there arei two categories of permissible standards for emergency: shelters under SB: 2.1 First,a jurisdiction may only apply development and management: standards that apply to residential or  commercial use within thes same zone.  Second, aj jurisdiction may apply written, objective standards  Common standard/amenity requirements for emergency shelters that go beyond what SB2 likely allows: Proximity restrictions toj public parks, schools, colleges, universities and childcare facilities Compatibility with neighborhood character requirements Unreasonably low bed] limits for right sites Commercial kitchen and dining room Counseling centers Laundry, personal storage, and lockers Pet! kennels Expensivel landscaping Neighborhoodi reports Community relations plans Outdoor gathering space Play areas  related to:30  1. maximum bed) limits, 2. off-street parking, 3- size and) location of waiting and client intake areas, 4. provision of on-site management, 5. upto 300 feet separation requirements from other shelters, 6. length ofs stay, 7. lighting, and 8. security.  by-  Even if permitted by SB 2 (either because iti isl listedi ini the statute in thec category of an acceptable standard, or becausei it may otherwise be applicable to residential or commercial development), emergency: shelter standards must be objective, encourage and facilitate the approval ofs shelters, and may not be appliedi in: a manner that renders shelter development infeasible.31 For example, al restrictive bed limit might make  shelter development impractical.  O: 2017 Public Counsel  9    Standards must focus on the use as an emergency shelter, and not on thej perceived characteristics of  patential occupants.32  Why arepermissible: standards limited to eighteategories?  Zoning standards on shelters that are not required of other development mayl be unnecessarily burdensome. Shelter providers report needing flexibility to ensure: successful operations. For example, requiringpartcular amenities could raise construction and/or operation costs.. And some standards may bei implemented: in a subjective manner, leaving room for decision-makers to deny the shelter for Itisi important to remember thats shelters are: still subject tos standards generally applicable toj residential or commercial development within the same: zone, and thate emergency: shelter funders often require additional standards. There is no need to duplicatei these standards in the zoning code. Can the zoning code require standards to ensure: resident safety?  unlawful, arbitrary reasons.  Yes. Asthe list of! permissible standards under SB 2includes on-site. management, lighting and security, jurisdictions are freet to regulate in these areas, and toi rely on building codes and other safetys standards that apply equallyt to residential or commercial development within thes same: zone. However, thei imposed standards cannot be unreasonably difficult to meet ori implemented in a subjective way. For example, a jurisdiction can require a site management; plan, but should: not maintain discretionary: approval power  over the contents of the plan.  Can the zoning code limit the numberofbeds per shelter?  Yes. But while SB: 2 allows jurisdictions toi impose a cap ont the number of persons' "served nightly" bya shelter, any limit imposed must not discouragè development ofs shelters. Low maximum bed) limits may makei it difficult to obtain adequate funding to: maintain and administer the shelter. Generally, al higher number (or no limit) is preferablet to encourage: and facilitate development. For example, the City of  Oakland has a 100-bed: limit per shelteri ini its by-right zones.33 What about design review standards?  Ajurisdiction: mayi impose design review standards, butt these standards should be comparable to what is required of residential or commercial developments: in thes same zones, and applied in a manneri that does not: render shelter development infeasible. Some specific design guidelines mighti include: screened refuse  areas or wheelchair accessibility.  Can the zoning code require particular amenities?  Amenities, such as laundry facilities and) kitchens, cannot be required of shelters in by-right zones, unless such amenities are: aiso required of other residential or commercial usesi in that: zone.. And even if required of residential or commercial usesi in the: zone, an amenity requirement couldl bej problematici ifit would make shelter developmenti infeasible. Jurisdictions can still choose to encourage desired amenities with permissive languagei in their: zoning codes.. Ajurisdiction can also consider providing additional: funding for amenities - such as accommodations: for service or emotional support animals, exercise facilities, and  community: gardens.34  @: 2017 Public Counsel  10    Can the zoning code require minimum onsite parking spaces?  Ajurisdiction may require off-street parking based upon demonstrated need, but cannot require more parking fore emergency: shelters thani it requires of other residential or commercial uses within thes samez zone. Thel burden is on thej jurisdiction) both to demonstrate that the parking requirement: is based on demonstrated: need, andt thati it does not exceed parking requirements for other residential and commercial usesi in thes same zone. It would therefore bei important fort the jurisdiction to document (through a study ofl local shelters) the need for parking for shelters, factoringi in specific population types. For example, shelters that serve] people experiencing Also, thej jurisdiction: should analyze its parking requirement fors shelters and compare it tot the parking required of other residential and commercial usesi in the zone. Wheret this isi not directly possible because parking requirements for shelters are based on number of beds, the jurisdiction may consider translatingi its shelter parking requirement: into as square footager requirement (or other measuret that is more easily comparablet to nearby commercial or residential requirements). This will: allow thej jurisdiction to comparei its shelter parking requirement against parking required for any other residential or commercial uses.. Alternatively, thej jurisdiction might simply also allow a developer to choose one of two parkingoptions: either the designated parking standard for shelters, or the comparable parkings standard: for commercial or residential usesi in  chronic. homelessness willl likely havel lower parking needs.  the zone, whichever isl lower.  Case study: City ofLos Angeles response to shelter crisis  The City ofI Los Angeles has thel largest population ofu unsheltered homeless residents in the nation.35 Los Angeles recently amended its municipal code to: allow shelters streamlined; processingi if the city council declares a shelter crisis.36 These regulations apply in residential (R3, RAS3, R4, RAS4, R5), commercial (C2, C4, C5, CM), andi industrial (M1, M2, M3) zones on land owned by and operated by a church or non-profit organization, and on all city-owned properties regardless ofz zone.37 The amendment: includes several provisionst that facilitate new homeless shelters during as shelter  crisis, including provisions that:  Allow shelters on land owned and operated by religious organizations, nonprofits or the city tol be Dispense with parking requirements for sheltersi ift there isi insufficient: space; and  built by-right, with nol limitation on occupancy38; Dispense with any separation requirements: for shelters.  Shelters established' by religious organizations and churches under the relaxed restrictions above must comply with operating requirements established byt thei fire department and notify neighboring properties and nearby schools before opening thes shelter.39 Under the City'srules, it may declare a shelter crisis for up to one year and renew: such declaration on an annuall basis.40 On April 19, 2017, thel Los Angeles City Council declared a shelter crisis, activating the relaxed restrictions.41) For cities, al benefit of declaringa a shelter crisisi isi that statel law) limits the liability ofg government agencies permitting homeless shelters during as shelter crisis. Specifically, during a declared shelter crisis, statel law providesi immunity from liability for ordinary negligence, and: suspends "thej provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of! housing, health, or safety" to the extent that strict  compliance would hinder crisis mitigation efforts.42  @: 2017 Public Counsel  11    Understanding the Law:  Do'sand Don'ts for Emergency Shelter Zoning  State law defines emergency shelter broadly.A local definition that is more limiting may result in right zoning in that community, resulting in fewer resources for people experiencing homelessness. The jurisdiction cannot demonstrate sufficient  DO properly define emergency shelter."43 fewer providers being able tol benefit from thel by-  DOi identify the unmet need for emergency zoning capacity to meet the need without this  shelters.  number.44  DO ensure that your zoning code explicitly permits emergency shelters by-right  Allj jurisdictions, regardless of need, must Sites must be suitable and haver realistic potential for residential development, and have sufficient capacity to meet the emergency shelter need.45 Jurisdictions may applywritten, objective standards on eight (8) enumerated concerns.  (without discretionary approval) in at least designate atl least one by-right zonet fors shelters.  one: zone.  DOi identify suitable and realistic sites. DON'T apply standards to shelters that require more than what is required of residential or commercial development within the same zone, unless expressly  permitted by SB2.  DONTimplement unnecessary operational The only distance limitation allowed by lawist to standards, and don'ti impose requirements require that emergency sheltersl be upt to 300 feet  that shelters bel located a certain distance from parks, schools, etc. DONTrequire, but DO encourage amenities. ("can" or "may" rather than "shall" or "must")i in connection with amenities. DON'Tlimit the maximum number ofbeds or persons to be served nightly. Optional: DO designate zones on aj map  apart.47  Requiring amenities through the: zoning codei is beyond what SB: 2 allows. flexibility while alsoi identifyingi jurisdictional priorities for shelters. Bed limits are permissible, but such limitations would notl be allowed ift they discourage or prohibit development.48 This will encourage community participation at  DO use) permissive language when drafting Permissive language allows sheltersi the needed  clearly such that members of the] public can the time zoning code amendments are considered, determine what properties are designated rather than during the shelter approval process, "by right" in a clearly marked and easily and willl help providers easilyi identify where they  identifiable fashion.  can] build and operate shelters.  O 2017 Public Counsel  12    How do SB2's amendments to State Housing ElementLaw protect siting oftransitional and supportive housing? SB: 21 mandates that local governments treat supportive and transitional housing as residential usesi in local zoning codes, "subject only to those restrictions that apply to other residential dwellings of thes same typei in the same: zone." Implemented properly, this ensures equality of treatment for all residential uses By ensuring such equality oftreatment, SB: 2 addresses community opposition to transitional and supportive housing duet to misperceptions: about occupants and any other host oft fears. Indeed, one issue that often arises with transitional: and: supportivel housing ist the description inj public notices ori in public meetings ofsuch uses as "facilities," as opposed to "housing." As aresult, opposition to the proposed housing may form because of thej perception thatt the usei is not residential. Likewise, jurisdictions have attempted toj put unreasonable ori inappropriate conditions on: such developments, or havei treated such developments as either uses requiring conditional use] permits or uses prohibited in residential zones. In our survey, 12 out of14 developers reported that supportive housing was not defined in the: zoning code, and 2 out of 4 developers reported that transitional housing was not defined. Over half oft the developers of supportivel housing reported thatt their projects were subject to greater restrictions than what was required of other residential housing. Examples include increased parking, increased: fees, and requests to Under SB: 2, transitional and supportivel housing are: residential uses intended: for certain "target populations," including individuals andi families experiencing' homelessness. These uses, and the populationst they are designed to serve, are defined int the statel housing element law:49  regardless oft the occupant.  host community meetings not required by thez zoning code.  (g) Supportive housing" means. housing with no limit on length of stay, that is occupied by the target population, and thati is) linked to an onsite or offsite service that assists the supportive housing resident inj retaining the housing, improving his or her health status, andi maximizing his orl her ability tol live and, when possible, worki in the community. ()" "Target population" means persons withl lowi incomes whol have one or more disabilities, including mental illness, HIV or AIDS, substance: abuse, or other chronic health condition, or individuals eligible for services provided pursuant tot the Lanterman Developmental Disabilities Services. Act (Division 4-5 (commencing with Section 4500) of the Welfare and Institutions Code) and mayi include, among other populations, adults, emancipated: minors, families with children, elderly persons, young adults aging out of thei foster care: system, individuals exiting from institutional settings, () Transitional housing" means buildings configured as rental! housing developments, but operated under program requirements that require thet termination of assistance and recirculating oft the assisted unit to another eligible program recipient ata predetermined future pointi in time thats shalll be: no less than six months: fromi the  veterans, andl homeless people.  beginning of the assistance.  Our zoning code doesn't: mention transitional and supportive housing. Does More than likely, yes. For clarity, and to comply with statel law, jurisdictions: should specifically adopt the SB: 2 definitions oft transitional and: supportive housingi into their zoning codes. They should alsoi include an affirmative statement following each definition that such use "may be subject only tot those restrictions In: adèition,jurisdictions: should explicitlyinchde. supportive. and transitional housing as permitted uses in all residential zones, subject only toi the development standards applicable to residential uses oft the  our zoning code need to be amended?  that applyt to other residential dwellings of the: same type int the same: zone."  @: 2017 Public Counsel  13    same typei in the same zone. To avoid any internal conflicts with the zoning code, thej jurisdiction should also update any applicable tables of permitted uses to mark supportive and transitional housing as Jurisdictions should also review their zoning codes carefully to remove any other barriers to transitional and supportive housing. Fore example, thez zoning code may contain definitions of usest that could be confused with transitional or supportive. housing, such as community caref facilities50 orl boarding houses.sThe: jurisdiction should clarify that these other uses are in fact distinct from transitional or supportive housing. One wayi ist to remove potentially overlapping definitions, or clarify within any such There may be other barriers to transitional and: supportive housing that are specific to aj jurisdiction's zoning code.. An individualized analysis of the zoning code for SB: 2 compliance: is recommended. City ofOakland's SB 22 zoning code revisions in response tol homelessness crisis The City of Oakland, along with the entire! Bay Area region, is facing growing levels of displacement. With more) people unablet to: afford housing, the proliferation ofl high levels of homelessness, tent encampments, and people Iosing their homes are on ther rise."AJanuary 2015 homeless count reported approximately 1,400 homeless individuals on thes streets of Oakland,5 53; and 4,040 homeless individuals in Alameda County generally.54 In 2014, the City of Oakland implemented: a number of changes toi its zoning code (to address SB: 2's requirements), including clearly depicting and: zoning areas across the city where emergency shelters are allowed by-right, and revising the characterization of transitional and supportive  permitted uses.  definitions that they do noti include supportive and transitional housing.  housing in the zoning code.  The amended: zoning code uses a visual mapt toi identify permitted areas where emergency shelters can bel built by- right across the city - including in residential, mixed use, urban residential, neighborhood center, community commercial, retail, medical, business andi industrial zones, totaling approximately! 544 acres. Shelters are permitted to have a maximum of 1001 beds and allow) residentsi tos stay for up toi 180 days - both relatively permissive standards compared to other cities. The amended code also explicitly treats transitional and supportive housing thes same as other residential dwellings as required by Government Code  Section 65583(a)(5).  Is myjurisdiction required to do anything beyond amend the zoning code? Yes.Jurisdictions must still ensure thati in practice, supportive and transitional housing developments are not subject to greater restrictions when compared to other residential uses oft the samet type in the same Fore example, ifaj provider uses an existing duplex fort transitional or supportive housing, then that project iss subject only to development standards applied to any other duplex ini that zone, and would not need separate approval for a change in use. Likewise, ifa developer chooses to build transitional or supportive housing apartments, then standards forr multi-family: apartment buildings in that zone will apply.And whilet transitional and: supportive housing are typically multi-family! housing, they can alsol bes single- family residences. To comply with SB: 2,jurisdictions must not prohibit transitional and supportive Somej jurisdictions require stafft to review a management plan for transitional housing approval, but do not apply the same or similar requirements to other types of residential development. Others require  zone during the approvals process.  housingi in single-family: zones.  O: 2017 Public Counsel  14    planning review of House Rules and specific service provider referrals and quotas, which might! be appropriate as funding criteria or requirements, but would notl be appropriate or permitted by such as: SB: 21 unless also required of other residential developments.  Az zoning code cannot require oftransitional or supportivel housing any standardi not also required of another residential use ini thatzone,  Management plan Review of house rules Local resident quotas or] preferences Service provider referral requirements  Can specific plans, mixed-use supportive housing?  zones, overlay: zones, or other zoning tools prohibit transitional and No.) Ifr residential development is permitted in mixed-use: zones, etc., thej jurisdiction: should make explicit that transitional and supportive housing are permitted int those: zones, and that such uses willl be processed and treated equallyt to applications for other permitted residential development.  Can we do more to promote transitional and Yes. SB 2 setsf forth baseline requirements to ensure transitional and supportive housing are treated equally to other residential uses. Manyj jurisdictions now recognize the benefits oft transitional and supportive housing in addressing homelessness and have begun to take action to encourage development. Nothingi in SB: 2 or State Housing Element Law restricts the ability of aj jurisdiction to use zoning to encouraget these housing types. For example, ajurisdiction may decide to expand commercial: zones to allow residential uses by-  Nothing in SB2or State Housing Element Law: restricts the ability ofaj jurisdiction to zone to encourage transitional and supportive housing.  supportive housing?  right, to affirmatively permit transitional ands supportive housing in all: residential zones regardless of the treatment of other residential uses, ort to remove conditional use permit requirements for multi-family housing to ensure that supportive and transitional housing are not subject to conditional use permits.. A jurisdiction could also exempt fees for transitional and supportivel housing (and/or 100% affordable Finally, ift thej jurisdiction directs funding towards developing affordable and transitional and supportive housing, thej jurisdiction should assess the degree to which anyi funding requirements imposed may act as  housing developments). and provide streamlined processing.  a barrier, and weigh such requirements from a cost-benefit perspective.ss  O: 2017 Public Counsel  15    Understanding the Law:,  Do's and Don'ts for Transitional and Supportive Housing  Local definitions that are morel limiting than the statel law definitions may resulti in fewer providers being able tol benefit from the protections for supportive and transitional housing.  DO define "transitional housing" and "supportivel housing" in zoning codei in a manner consistent with SB: 2. DOi include an: affirmative provision stating housing shall be considered a residential  that transitional housing and supportive Zoning codes that are silent on this matter leave  room for ambiguity.  use of property.  Some cities require review ofal housing project's permissible to do through zoning unless also required of other residential uses.56 Avoid confusion and ensure treatment of supportive and transitional housing as a residential usel by removing or clarifying such While transitional housing ands supportive housing uses are typically multifamily residences, they can alsol be single-family residences. the samet terms as other residential usesi is required across all: zones, including mixed-use  DON'T require additional approvals, or put management plan, local preferences, quotas, conditions on, transitional and supportive screening and security procedures. This is not  housing that do not apply to similar residential developments. DO review the zoning code for definitions that mightl be confused with transitional and supportive housing, and remove or clarify such) provisions. DON'T prohibit transitional housing and supportive. housing in areas: zoned for single-family housing. supportivel housing in' "mixed-use", zones that allow residential dwellings.  definitions.  DONTprohibit or restrict transitional or Allowingt transitional and supportive housing on  zones.  @ 2017 Public Counsel  16    How do SB 2's amendments to the Housing Accountability Act protect shelters and transitional and supportive housing?. Enacted in 1982 and commonly referred to ast the' "Anti-Nimby. Act," California's Housing. Accountability Act (HAA) addresses uncertainties inl local governments' approval processes by limiting ther reasons for denial of certain projects. SB: 2 amended thel HAAi in 20081 to explicitly include emergency shelters and transitional and supportive housing within thes scope ofi its protection.57 As amended, the purpose ofthe HAAi ist to ensure that "al local government: not reject or make infeasible housing developments, including  emergency shelters" that contribute to meeting the regional housing need.58 Government Code Section 65589-5(d) provides that al local agency cannot deny al housing development project (including HAA: transitional and supportive housing) for very low, low-or moderate-income households, 59 or an emergency shelter, or condition approval in ai manner that renders thej project infeasible6o, unless it makes written: findings based on substantial evidence as to one oft the following: (1) Jurisdiction isi in compliance withi its housing element income category proposed tol bel built, or for emergency (2) Development project or emergency shelter as proposed would have a specific, adverse impact upon thej public health or safety with no: feasible method to mitigate (nconsistency with zoning ordinance or general plan land use designation is not a specific, adverse impact); (3) Denial of project is required to comply withs state or  Examples of] potential violations of Approval ofas shelter with conditions that maket the development oft the shelteri infeasible. Unnecessarily delaying hearings ona supportivel housing) project. Denyingas supportivel housing project Approval of supportive housing project with conditions beyond whati is required ofc other residential uses. Requiringad developer ofas shelter or supportivel housing with site control to find different sites tol build on.  and has met its share oft the regional housing need fort the without making required findings.  shelter, as the case may be;  federal law;  (4) Development: is proposed in agricultural area or area withi insufficient water or wastewater: facilities; (5) Development isi inconsistent with bothi thej jurisdiction's: zoning ordinance and general plan land use Another provision of thel HAAi isl helpful for supportive and transitional housing developers and relates to jurisdictional attempts to reduce thes size of the project. Government Code Section 65589.50) applies to housing development projects (defined toi include transitional and supportive housing) that comply with applicable, objective general plan and zoning standards and criteria, and restricts the ability ofl local Under section 65589-50), agencies must find that thej project would have a "specific, adverse impact upon the publicl health or safety unless the project is disapproved or approved upont the condition that the project be developed at al lower density." "62 These findings are similar tot those described in Government Code Section 65589.5(d)(2), but' "the focus is on the necessity of requiring reduced density in the  designation, andj jurisdiction has a compliant housing element.61  agencies to disapprove such] projects, ort to approve them at lower densities.  development."63  Because sections 65589(d) and G) require specific written findings supported by evidence, theyl limit improper consideration of who will residei in an affordable housing development - essentially, pretextual objections that have no havel limited bases upon which to disapprove or condition shelters and transitional and: supportivel housing.. Also, note thati ift thel locality failed toi identify adequate sites for housing or by-right zoning fors shelter required by SB: 2 and State  Ifa developer of transitional or supportive housing is required to reduce the the site, such condition could be a violation ofthe HAA.  basis in fact. Under the HAA, therefore, jurisdictions ultimately proposed number of units for  O: 2017 Public Counsel  17    Housing Element Law, then there wouldl be even fewer permitted reasons to disapprovear project. ifac qualifying project is denied, or thej jurisdiction either imposes conditions that have a: substantial adverse impact on the viability of thej project, and/or approves the project at al lower density than proposed, the applicant, persons eligible fort the housing or shelter, ora" "housing organization" may file suit to challenge the action. Denial of a project includes both an affirmative vote to deny thej project by a local agency, and the mere passage ofas specified time period following certification of an environmental document without action ont the application. 64 In any HAA: suit, thej jurisdiction has thel burden of prooft to demonstrate thati its action was consistent with thei findings required byt the HAA. Non-compliance could resulti in a court order requiringt thej jurisdiction to comply with thel HAA, approve the project, and pay the Staff and decision-maker familiarity with thel Housing. Accountability Act ande education on its provisions mayl help prevent illegal denials of projects and is an appropriate strategy to help advance development of  plaintiff's counsel's attorneys' fees.65  shelters and transitional and supportive. housing.  Understanding the Law:  Housing Accountability Act Do's and Don'ts  DO educate planning staff and decision- makers on the types of projects protected by the HAA and the consequences for non-  May result in fewer actions to deny or unreasonably condition projects.  compliance.  DO draft and submit a compliant housing Having adequate sites gives flexibility to make element to HCD identifying adequate sites decisions based on the merits ofa project rather to accommodate both the regional housing than based on the penalties associated with not  need and the need: for emergency shelter. DO maintain objective, quantifiable, written development standards for approval of projects. DO ensure standards placed on qualifying  having adequate sites.  Nothing in the HAA: stops aj jurisdiction from regulating projects for health and safety and other permissible reasons through objective standards. Standards that in practice make aj project  projects actually facilitate development. infeasible could subject thej jurisdiction to a claim DON'T place unreasonable conditions on Such conditions could make the project infeasible, shelters and transitional and supportive and subject thej jurisdiction toa a claim underi the DON'T react to community opposition' by anti-discrimination and fair housing and land use delaying or denying a qualifying project, or lawsi ifbased on perceptions about the occupants  under the HAA.  housing.  HAA.  Such actions could violatet thel HAA: and other oft thel housing, ort thef fact that thel housingi is  reducing its density.  affordable.  O: 2017 Public Counsel  18    How do fair housing and anti-diserimination laws protect the siting, development and funding of emergency shelters, SB: 2's planning and: zoning requirements are intertwined with the goals ofi fair housing and anti- discrimination efforts: to combat segregation and policies that exclude (either intentionally or effectively) certain populations and to ensure: access to housing opportunity within communities. Belowi is as summary  supportive and transitional housing?  of relevant laws int this area.  Fair Housing & Amt-Discrimination Laws that Prohibit  Discrimination in Land Use Actions  Fair Housing Act, as amended (FHA),42 U.S.C. S: 3601 et seq. and implementing regulations, 24 CFR Part100 etseq.  Prohibits discriminatory activities, including "otherwise making unavailable" or denying housing on thel basis ofr race, color, national origin, religion, sex, familial status and disability.  Titlel II ofthe. Americans with Disabilities Prohibits land use discrimination against persons implementing regulations, 28 CFR) Part: 35 imposes affirmative obligation on state and local  Act (ADA), 42 U.S.C.A. S 12132 and  with disabilities bys state or local governments; governments to grant reasonable accommodations.  etseq.  Section 504 of the Rehabilitation Act of Prohibits land use discrimination against persons  1973 (Section 504), and implementing regulations, 24 CFR8 ets seq.  with disabilities involving ther receipt off federal Prohibits discrimination on thel basis ofs sex, race, color, religion, ancestry, national origin, ethnic groupi identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation by the state government: and entities receiving 12955 @) prohibits land use discrimination on familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, source ofi income, and genetic Prohibits local government discrimination against emergency shelter, subsidized) housing and any housingi intended for occupancy by] low- and moderate-income persons (generally same categories under FEHA plus age and lawful  funds.  California Government Code Section 11135  (Section 11135)  state funding.  California Fair Employment and Housing basis of race, color, religion, national origin, sex,  Act (FEHA), Cal. Gov. Code S 12955 et  seq.66  information.  California Government Code S 65008  occupation).  O: 2017 Public Counsel  19    In general: how can a jurisdiction avoid discriminatoryi intent and  discriminatory effect in land use decisions?  Land use practices and decisions violate federal and: state fairl housing laws ift they eitheri intentionally or effectively deny equall housing opportunities to aj protected class.. Al land use practice or decision effectively denies equall housing opportunity where it creates a disparate impact. Disparate impact refers to: zoning orl land use requirements andj practices that adversely affect one group of people of aj protected characteristici more than another, even ifthose practices arei facially neutral. The federal Fair Housing Act, as amended ("FHA") and the California Fair Employment: and Housing. Act (FEHA) explicitlyp prohibit discriminatory, practices that make housing unavailable toj protected classes, including to individuals Under Californial law, local governments are: required to consider and attempt to avoid anyl land use actions that would have aj potential disparate impact, includingi increased: segregation or disproportionate displacement, unless therei is a sufficiently compelling purpose and noi feasible alternatives. 68 California law unequivocally prohibits any local government from "imposling] different requirements ona residential development or emergency: shelter that is subsidized, financed, insured, or otherwise assisted byt the federal or state government or by al local public entity... than those imposed on non-assisted developments. "69 Thel law not only prohibits discrimination against affordable! housing ande emergency shelters, it allows fort thej preferential treatment for such housing and shelters. Because residential development". includes supportive housing and transitional housing, these uses also come under the cover  based on disability.67  of Section 65008.70  Understanding the Law: Fair Housing Do's and Don'ts  Fore example. a community group opposes an emergency shelter jurisdiction's! homeless populationi is growing. An environmental mitigated. The planning commission approves the development's requested entitlement based on the environmental Aplanning commission denies a conditional use permit fora regardinga a perceivedi increasei in crimea andi impact on property commission's decision is vulnerable toaf fair housing challenge. Agroup oflocal residents opposesas supportive housing development, commenting that they are "really against welfare requires the developer to enter into an agreement that includesa provision that the developer agrees not tor rent toi individuals with criminal convictions. Here, they planning staffa allows discriminatory attitudes tos guide decision-making: and the jurisdiction is vulnerable toaf fair housing challenge.  DO make decisions that have an inj your jurisdiction, citing concerns about traffic congestion. Your legitimate, nondiscriminatory study establishes that the traffic congestion can be effectively  identifiable relationship to zoningpolicies.  study  DON'Trely on' "fake facts": and these uses will serve.  assumptions and speculation about supportivel housing development, citing community concerns particular uses the persons values.. As those concerns are speculative, the planning  DO reject community concerns recipients next doort to our homes," and that the development will based on discriminatory attitudes attract "gangs." Citing community concerns," planning staff  about whowill reside in the development.  O: 2017 Public Counsel  20    What is a reasonable accommodation? Federal and statel law place an affirmative duty on local governments toj provide persons with disabilities reasonable accommodations to: zoning and land use rules, policies or practices when such accommodations: mayl be necessary to element law further requires local governments toj provide reasonable accommodations: forl housing for persons with Federal law defines a person with a disability as "any person  A "reasonable acçommodation" isa changet to, or flexible application of, land use or: zoning policies and procedures wheret the requested accommodation mayl be necessary persons with disabilities an opportunity to use and enjoyl housing.  afford such persons equal opportunity tol housing. .71 Housing to afford a person or groups of  equal  disabilities."72  whol has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment."73 California law applies al broader definition of disabilityt that wouldi include any physical or mental impairment thatl limits one or more major life activities.74 Both the Fair Housing. Act (FHA)a and Fair Employment and Housing Act (FEHA) prohibit discrimination through land use decisions that make housing opportunities for such individuals Areasonable accommodation may be requested by aj person or persons. with disabilities, or a developer whose) project will provide housing opportunities toj persons with disabilities. Who requests the accommodation: matters lesst than the assessment of whether the accommodation is reasonable, and therefore necessary, to facilitate equal housing opportunities for persons with disabilities. For example, a homeowner may need a wheelchair rampi in order to access! his or herl home. Thel homeowner: may request amodification: from the city's setback requirement as a reasonable accommodation. An accommodation is presumed tol ber reasonable unless granting the accommodation would constitute a fundamental alteration oft the nature oft the zoning scheme or create an undue financial or administrative burden on the jurisdiction. Note that financial or administrativel burden is qualified by "undue"-a aj jurisdiction cannot cite any financial or administrative burden to justify denial ofa ar reasonable. accommodation. Even wherea jurisdiction makes a supported finding that a requested accommodation is not: reasonable, iti is required to engage in an' "interactive process" with thei requesting party to determine ift there is any accommodation that will facilitate access but noti result in an undue financial or administrative burden, or fundamentally alter thez zoning scheme. The question of whether an accommodation is reasonable must be determined on a case-by-casel basis. Jurisdictions should therefore be wary of creating or applying blanket rules that  unavailable.7s  could: serve tol limit access to accommodations.  What are best practices in reasonable accommodations?  In crafting or reviewing reasonable accommodation; policies, jurisdictions should consider the following:76  Start with thel broader definition of disability under statel law. Itis unlawful to charge ai feef fora a reasonable accommodation application.77 Include confidentiality provisions and exclude any public notice requirements." Specifically, Disability Rights California recommends handling reasonable accommodation: requests "ina confidential manner on a separate, but coordinated, track with other related land use approvals," and: an appeals process fort the applicant that is decided by an administrator and nota a public Narrowly tailor any application form ori information sought to determine the reasonableness of the accommodation, makei it user-friendly, and assist applicants who cannot make a written  body.78  request on their own.  What is Aimativelurthermgjairhousing,  Thel FHA requires that the United States Department of Housing and Urban Development (HUD) administer programs and activities relatingt tol housing and urban development in a manner that affirmatively furthers thej policies oft the Act." This duty extends to recipients off federal funds administered  @: 2017 Public Counsel  21    by HUD, including local governments and public housing authorities. Thei failure to affirmatively: further fair housing can resulti in HUD: suspending or withdrawingi federal funding from subject jurisdictions.9 HUD published ai final rule on Affirmatively Furthering Fair Housing (AFFH Rule) in July: 2015. The AFFH Rule created a standardized process for fairl housing planning, required ofr recipients of Community Development Block Grant (CDBG), HOMEI Investments Partnership (HOME), Housing Opportunities for Persons with AIDS (HOPWA): and Emergency Solutions Grant (ESG) funding. In addition to certifying that they will take affirmative: steps to address discrimination and further integration, local governments andj public housing authorities must engagei in the Assessment ofl Fair Housing (AFH) planning process.80 Using HUD data, jurisdictions must assess patterns ofi integration and: segregation; racially or ethnically concentrated areas of poverty; disparities in access to opportunity; and disproportionatel housing needs. Thej process is required to engage meaningful community participation tos set fair housing goalst to The AFFH rule does not requirej jurisdictions to make particular land use decisions or zoning changes. It does require them to assess current land use policies and zoning to evaluate theiri impacts on fair housing choice. "Thej purpose ofthis assessment ist to enable [jurisdictions) tol better fulfill their existing legal obligation to affirmatively further fairhousing, in accordance with thel Fair Housing. Act and other civil The City ofI Los Angeles, County of Los Angeles, (in addition to 471 participating cities), and their public housing authorities are undergoing the AFH process and are currently required to complete this process in 2017.82 These assessments will necessarilyi include the racial and ethnic make-up of persons experiencing homelessness and those at risk of] homelessness; as well as thei intersection between disability and) homelessness. The AFH is an opportunity to meaningfully engagei in a discussion about how land use: and zoning arel barriers tol housing opportunities for these populations and how tol break down Fore example, aj jurisdiction may find that because thes separation between homes and stores, public transportation, and medical facilities is great, people withi fixed incomes generally have fewer realistic housing choices in this community. This disproportionately; affects people with physical disabilities." To respond tot this barrier, thej jurisdiction includes aj program ini its AFH to review its land use policies, particularlyi its investment in equitable transit-oriented development, including along commercial The samej jurisdiction finds thati in several neighborhoods, gentrification pressures are causing displacement: and an increase: inl homelessness of existing low-incomei immigrant communities of color. The AFH thereforei includes several programs in response, including a requirement that new residential projects that receive subsidy, zoning benefits, orl benefits from the use of public) land provide affordable housing and replace any demolished units, with a right off first refusal to displaced low-income tenants. Interaction oflaw with practice - how is Los. Angeles County Manyjurisdictions. have yet to implement SB 2i int their zoning codes properly, despite thef fact that SB2 went into effect in 2008. Evenj jurisdictions with as strong history off funding shelter and transitional and supportive housing have demonstrated somel level of technical non-compliance with SB: 2. In some cases, thejurisdiction hady yet to updatei its zoning code as required by SB: 2. In other cases, interaction between different code provisions when read together resulted in ambiguity and/ort technical non-complance.  increase choice and provide access to opportunity.  rights laws."81  thesel barriers.  corridors.  doing in zoning for homeless populations?  Finally, somej jurisdictions were entirely silent on1 treatment ofs supportive and transitional housing, again, resultingi in  35% ofj jurisdictions that imposed proximity restrictions did sO illegally. For amenities, 58% ofjurisdictions that regulated on this basis imposed illegal amenity requirements.  ambiguity.83  O: 2017 Public Counsel  22    Inal March 2017 review of publicly availablez zoning codes of 88 cities in Los Angeles County,jurisdictions demonstratedi mixed results and an overall substantial lack of compliance.84 Fore emergency shelters, jurisdictions often placed conditions on shelters beyond what SB: 2 allows, or designatedi inappropriate or unsuitable zones for shelters. Jurisdictions tended tol have restrictive maximum bed requirements and parking requirements." Zoning codes retained illegal proximity restrictions (e.g., requiring shelters tol be at least 300 feet from: aj park or school).. 35% ofj jurisdictions thati imposed proximity restrictions did so illegally. For amenities, 58% oft those that regulated on thisl basisi imposed illegal amenity requirements. With respect to transitional and supportive housing, 72% ofl localities surveyed did not clearly and affirmatively treat transitional and supportive housing equally to other residential usesi in their zoning  codes.  What are Jurisdictions in Los Angeles County Doing  With Respect to SB 2?  Max Number of Off-Street Parking Ther maximum Off-street parking, ifany,  300 Feet Length Amenities Proximity ofStay Emergency be required to length of 3001 feet apart. limited to cannot be Noc other 6months required. reparation orl less.  Beds number ofb bedsor persons permitted tobes served facility must facilitate development. Median: 30 Lowest: 5 or more! beds; or more beds. per establishment; Inglewood: 100 Nol limit on shelter.  Required mustl bel based on provided that the more parking for for other residential or the same: zone. Median: 1 space pers 5 beds Lowest: 1 space pers 50 beds than 1 space per7b beds; than 1 space per 6beds. Inglewood:: 1 space per 50 spaces; eachs staff member; 101 beds. Noo off-street parking requirement: for emergency: shelters.  demonstrated need, shelters cannot The  SB2's Requirement  nightly byt the standards do not require be moret than stayi is Amenities  encourage and emergency: shelters than emergency: shelter commercial uses within requirements are allowed. Highest: 150 Highest:1 1 space per3b beds  Ranges for Citiesin) LA County County This Basis Examples  14 days to 6months  Citiesi in LA 450 cities allow1 15 10 cities require no more Regulating On 42 cities allow: 20 15 citiest require no more  72%  67%  Burbank: 150 beds beds plus 2additional Hawthorne: 150 Monterey] Park: 1space per beds per facility; 101 beds plus 1S space for beds pers shelter. Santal Monica:1 1 space per  Recommended number ofbeds Best Practice pere emergency  02 2017 Public Counsel  23    Define Transitional and Supportive Housing Define transitional and supportive housing consistent with Cal Gov't. CodeS6 65582, subds. (g),(,G). 66%  Zoning Code Clearly States That Transitional and Supportive Housingi is Treated as al Residential Use Treat transitional ands supportivel housing: as residential uses subject only tot those restrictions that apply to other residential dwellings oft the same typei int thes same: zone.  SB: 21 Requirement Estimated Percentage of Cities Meeting' ThisSB: 2 Requirement  28%  Thei following table illustrates several examples of zoning code provisions thatt technically did not comply with SB: 2 based on an informal review of zoning codes in] Los Angeles Countyjurisdictions:  Example Zoning Code Provision  Compliance with SB: 2?  Limiting By-Right Sites tol M-1: Zoning code allows  development ofs shelters by right int the Manufacturing/ Light Not compliant. M-1 zone may notl be suitable or (M-1)zonei for shelters with) less than: 101 beds. The City has appropriate. Also, jurisdiction cannot demonstrate an unmet homeless need of8 80. There are only 6s sites int the capacity to meet ther need of 801 beds, with only 6: sites M-1 zone, and the6 6s sites are each only permitted 9 beds by that permt 91 beds! byr right pers site.  right.  Burdensome Parking: Zoning coder requires that shelters provide street parking atar rate of1 space per 4 beds, 1.5 spaces per bedroomi intended for families with children, 1 space pere employee, and: 2a additional guest parking spots. The number of parkings spaces may! be reduced by 251 percenti ifthes shelter isl located within one thousand feet (1,000') ofa public transit stop. Supportive. Housing, for Six or Fewer. People: Zoning code provides thats supportive housingi is permitted in all zones ifits serves six or fewer residents. Thes same limitation does not: apply tos singlec or multi-familyl housing. (This" "six or fewer" resident standard is similar tot the licensed residential facilities serving six or fewer residents must! be treated as a residential use). Confusion with SRO Use: Zoning codei includesa definition of"single room occupancy (SRO) facility" that overlay zone, requirea conditional use permit, and are subject to other placement restrictions. Defining Family to Exclude Supportive and relations by blood, marriage, or adoption. Prohibiting Usei in Single-Family. Zones: Zoning code states that transitional housing ands supportive housinga are Not residential uses subject only tot ther restrictions thata apply to other residential dwellings oft thes samet typei int thes same zone.) However, thez zoning code alsoi includes at table of permitted uses indicatingt thatt transitional housing and supportive housingi is prohibitedi inl Ri zones (single-family).  Likely not compliant without documentation demonstrating especiallyi thisi is whati is required of other residential or commercial  need,  ift  more than  developments.  Not  compliant. Conflates supportive housing witha licensed residential: facility. Supportivel housing  required treatment ofl licensed residential facilities pursuant cannot bet treated differently than other residential tol Health and Safety Code Section 1566.2, which states that housing, regardless oft the number of residents.  Itd depends on how clear the definitions ofs supportive and transitionall housing are, andt the extent ofc overlap redefine SRO to exclude projects that meet the state law definitions oft transitional ors supportivel housing. Not compliant. By requiring occupants tol bei related in  overlaps with the definitions for transitional. housing and with the definition ofs SRO.Thej jurisdiction should supportivel housing. SROs are only permitted ina a special remove the code provisions referring to SROs or Transitional: Zoning code defines family" in connection the traditional: sense of "family", this definition may with permitted uses ins single-familyzonesl by referring to bei interpreted toj prohibit transitional ors supportive  housingi in single-family: zones. compliant. Supportive andt can bei found in single-family! homes and mustl be treated no differently than other single-family homes  transitional  housing  int that zone.  O: 2017 Public Counsel  24    Looking beyond SB 2 = exploring zoning issues associated with Beyond the requirements of SB: 2, which explicitly) protects shelters and transitional and supportive housing, al number of jurisdiçtions! have taken thei initiative to explore additional modes of shelter, or Encouraging thej provision of shelter through accessory or ancillary uses With 58,000 people that arel homeless in Los Angeles County, zoning fors shelters in compliance with SB2 2 isa a good start, but not nearly enough.8s A number ofjurisdictions' havel been exploring allowing shelters as ancillary or accessory uses to existing uses. This recognizes thei important rolet that nonprofits and faith-based organizations playi in providing shelter tot thosei in need.. Jurisdictions varyin how they Some jurisdictions manage accessory uses byr requiringa a conditional usej permit or an amendment toi the facility's conditional use permit. For example, City of Burlingame requires religious and non-profit institutions to apply for a conditional usej permit to provide temporary: shelter for homeless individuals or families, ift thei facility is located within at transportation corridor and thet use does not occur continuously at any one locationi fori moret than six (6)months ofanyt twelve (12) month period. The process involves applying tot the planning commission, whicht then determines through aj publicl hearing process whether thej proposed usei is consistent with the general plan. CUPsi in Burlingame weres granted for the Home and Hope program at numerous local churches, and the program operates in these churches on al rotating Other jurisdictions allow religious institutions to provide shelters through a non-discretionary process with certain limitations. For example, the City of San Diego allows religious institutions to provide emergency: shelters as an accessory use (without subjecting them to common regulations for shelters). However, religious institutions are restricted to operating accessory shelter for: 30 days or lessi in any: 365- day period. No approvals are necessary asl long ast this restriction is not exceeded, County of Santa Clara permits County-authorized non-profits and religious institutions86 to operate small-scale emergency: shelters (serving7 - 141 people) by-right. These: small-scale shelters are: not subject tos most oft the County's emergency shelter operation standards. 87 "By-right" here means that County- authorized: non-profits and churches are: ablet toj provide sheltèr for7t to 14 people without going througha San. Jose's City Council recently voted to amendi its zoning code to makei it easier for religiousi institutions and assembly use buildings toj provide shelter as an: incidental (i.e. ancillary) use.s 887 The amended ordinance will eliminate the need for a CUP or special permit89 and will apply to any: assembly use building (al building thati is used primarily fort the gathering of persons toj participatei in a group or common activity ort to observe a presentation, performance, or exhibition).90 Incidental shelters will also be subject to several requirements such as a maximum occupancy of5 50 persons (or as set forth byt the city's Fire Code); a minimum! lot size of3,000 square feet; registration withi thel Housing Department; and must be located within the city's Urban Service Area.91' Thes sites envisioned forincidental shelter include religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.  other modes of shelter and supportivel housing methods ofs streamlining ofs shelter. Somei initiatives are' described below.  manage shelter as an accessory use.  basis.  public approval process, regardless of any underlying zoning restrictions.  @ 2017 Public Counsel  25    Sanctioned Urban Communities and Villages  Thei urgency of thel homelessness. crisis in somejurisdictions hass spurred efforts to utilize available property tol house people quickly, adoptinginnovative: approaches to regulation oft these temporary and  permanent structures.  LosAngeles- Temporary Trailers on Private Property  The City of Los Angeles, under Los Angeles Municipal Code 14.00 A.9, allows goverments, non-profits and religious institutions toj place up to six temporary trailers on1 their propertyt to usei fort temporary accommodations: for homeless persons. These sites must bel located at) least 300 feet from any nearby  homeless shelters and at least 500 feet from any residential zone or use.92  San Jose- Unconventional Housings Structures  Assembly Bill: 2176, authored by Assemblywoman Nora Campos, D-San. Jose, ands signed by Gov. Jerry Brown on Sept. 27,2016, allows the City of San Joset tot temporarily suspend statel building, safetya and health codesf for the purpose ofl building unconventional" housing structures tol house its homeless population. Undert thel law, ifthe City of San. Jose declares a "shelter crisis," whichi it didi in December 2015, it may use city-owned or city-leased land for unconventional. housing structures. 93 Minimum standards for these structuresi include the presence of a vacant or minimally developed (.e., pavingo only) site of atleast 0.50 to 0.75 acres; a: 10,000 square-foot) building plus parking for 16 vehicles anda dumpster enclosure; access tot transit; ready access to utilities (electricity, water and sanitary sewer); and city ownership or leasing of sites. Sites meeting these minimum standards would allow for a community of upt to twenty-five individuals livingi in either a converted existing structure or an emergency housing The housing structures must bei insulated, have weather-proof. roofing, lighting and electrical outlets.95 They may consist of accommodations such as emergency sleeping cabins.96 Furthermore, "reasonable local standards": for emergencyl bridge housing communities may be adopted inl lieu of compliance with state and locall building, housing, health, habitability, or safety standards and] laws.97 Currently: a research team working withl local council membersi is gathering data on proposed sites deemed eligible tol house homeless communties. The City of San. Jose has proposed 3001 potential sites, and each district in San  cabin.94  Jose would house one" microvillage" of emergency homeless! housing.98  Seattle - Tents and Tinyl Homes  The city council of Seattle, Washington approved the construction oft tents and tiny homes on privately owned and city-owned properties for peoplei inr need.99 Each tiny home, built by volunteers, costs about $2,200 to] produce. 100 Othello Village, one of Seattle'si tiny home villages, opened in March: 2015 andi hosts eight 100-square-footi tiny houses as short-term housing for up to 100) people. 101 The city pays about $160,000 each year tos supply the village with water, garbage services, and on-site counseling. Othello Village moved 68i individuals into either permanent or1 two-year housing; gavel bus tickets toi fourteen individuals to rejoin family members in others states, andi moved thirteen individuals intot transitional Finding additional. sites tol build tiny houses in Seattlei is difficult duei to community opposition. 103The city's ordinance requires eachs sitet to close after twos years and not return to the same location for another year,104 Some commentators argue that moving homeless peoplei into tiny houses is an alarming shifti in urban planning that could pave the way for the creation of shantytowns, advising against funding tiny house encampments and arguing the money is better spent constructing permanent affordablel housing. IOS  shelter. 102  @: 2017 Public Counsel  26    Safe Parking Programs  Tos serve: residents that uset their vehicles as dwellings, several cities have adopted, or are exploring, "safe parking" programs that allow these residents toj park their carsi in designated) lots overnight. Santa Barbara, in collaboration with a nonprofit organization, has operated a safe parking program for thel last 12y years. 106 The program provides safe overnight parking to individuals and families living in their vehicles. The city provides 115 confidential, daily-monitored parking placesio7 in 20 city, county, church, nonprofit agency and industrial lots forl homeless individuals livingi in their vehicles. 108 Individuals are allowed to stay overnight, but mustl leavel by morning. 109 New Beginnings Counseling Center, which runs the $270,000 program on a city contract, furnishes bathrooms and spot monitoring, and works to connect those individuals using the Safe Parking Program toi more: stabilized shelter and: services.o In the City of San Diego, under thel Dreams for Change Safe Parking Program, ar non-profit organization manages the parking lot overnight, while a church provides thes space toj park.  The City of] Los Angelesi included a safe parking program as one component ofi its the City of] Los Angeles, there were over 4,700 vehiclesi identified as being used as shelter by) homeless residents during the 2017 homeless count. 112 As ofJ June 20, 2017, the City's recently initiated safe parking lot with capacity to serve upt to 10 households livingi in their vehicles. The program rules allow participants to park case management, showers, and trash must ber registered and operational, and participants must have a valid driver's July 2018, unless renewed.  Safe Parking is not a cure-all  Comprehensive Homeless Strategy." "in In Despite thei interesti in "safe parking" programs,  jurisdictions that have such) programs may unlawfully prohibit homeless residents from livingi int their cars on publics streets. For over: 30 years, the City of] Los Angeles restricted the use of vehicles as living quarters on any city street or city-owned parking lot. In 2014, the gth Circuit unconstitutionaly vague, findingt that it' "provide(d] inadequate notice of the unlawful conduct itj proscribeld), and openfed] the door to discriminatory enforcement Angeles recently adopted an ordinance prohibiting the use small portion of streets in commercial and industrial zones.. Among thei issues witht the new ordinance, discriminatory manner to target homeless residents.14  parking program was operating in a single Court of Appeals struck down this law as  overnight in the designated lot with onsite against thel homeless and thej poor."us In response, Los receptacles. Under the program rules, cars of vehicles as dwellings on most city streets, except fora license. 115' Thej pilot program will expirei in advocates have asserted that it may be applied ina a  Recommendations for implementing a successful SB 2 program Jurisdictions in Los Angeles County may have different approaches toi implementing SB 2i in their zoning codes, but certain broad principles apply across thel board.Thef following recommendations: derive from our analysis of zoning codes across Los Angeles County, and are intended to be as starting point for jurisdictions working toi implement SB: 2appropriately and meaningfully in! both code and practice. In addition to thel below rommedatonsltisastons should be suret to conduct ani individualized analysis oft their zoning codes to evaluate compliance with SB: 2 and other state-wide planning and: zoning  requirements.  Recommendations for advancing emergency shelters:  Identify unmet need and propose realistic and suitables sitesfors shelter: To comply with SB: 2, aj jurisdiction shouldi include in its housing element ani identification and analysis of unmet need: for emergency: shelters and propose realistic ands suitable sites zoned' "by-right," with Define emergency shelter consistent with SB: 2, and ensure. standards applicable to sheltersfacilitate development ofshelter: Int the zoning code, properly define emergency  sufficient capacity to meet the unmet need.  @: 2017 Public Counsel  27    shelters, incorporate only management standards that are consistent with SB: 2 or otherwise equally applicable to: residential or commercial development within thez zone, and ensurei that any Develop a site plan application: specific to emergency shelters: There needs tol be some mechanism to ensure that the objective standards required ofs shelters for by-right treatment under SB: 2 are met.. As specific site plan application for emergency shelters listing these standards can be: a useful tool to streamline the process andi to enable: zoning enforcement. Recommendations for advancing supportive andi transitional housing: Define transitional and supportive housing in the zoning code consistent with SB 2, and include an affirmative provision treating supportive and transitional housing as residential uses: Explicit languagei ini the: zoning code should1 be present to ensure that supportive and transitional housing are treated like: any other residential use. In zoning code andi inj practice, do not require additional approvals for, or put conditions on, transitional and supportivel housing that doi not also apply toi residential developments ofthe Remove constraints to multi-family housing in the: zoning code: Supportive and transitional housing are often configured as multifamily: apartments, and even: ift treated as a residential use, may not bé advanced ifi unreasonable constraints to multifamily housing appeari in the zoning code. Examples of unreasonable constraints might be: the requirement of a conditional use) permit on any! housing overt two units; excessive landscaping requirements; failingt to streamline. affordable housing developments, either generally, or as they interact with CEQA; Reviezu the zoning codefor definitions that might overlap with, or be confused with, transitional and supportivel housing: Consider amending definitions that indirectly impact siting of supportive and transitional housing. For example, the definitions ofr residential caref facility and boarding! housei in the code may needt tol be defined or updated to ensure: no overlap or confusion with the definitions oft transitional and: supportivel housing. Allow transitional and supportive. housing by-right in allz zones that allow residentialuses: Affirmatiyely permit transitional and: supportive housingi in all zones that allow residential uses asl long as it complies with requirements oft the zone (regardless ofl how residentiali ist treated withini that zone), and consider permitting transitional: and supportive Dor not define family" to exclude common transitional and: supportive housing arrangements: Somej jurisdictions use overly restrictive definitions of "family" in conneçtion with permitted uses ins single-family zones that refer to relations byl blood, marriage, or adoption, orare otherwise inconsistent with common transitional: and supportivel housing arrangements. Jurisdictions should remove outdated definitions of "family" that restrict occupants of single-  standards encourage. andi facilitate the development of shelters.  samet typei int thes same: zone.  buildablelot: area limitations and density limitations.  housing in other zones.  family homes.  General recommendations:  Do not use the word Jacilities" to describe housing OT shelter: Referring to shelters and transitional ands supportive. housing16 as facilities" implies a clinical approach requiring licensing, as opposed to simplyad dwelling or shelter. Developers have advised us thats staff coining aj project as a "facility" increased public opposition tot thej project."7 Denethnuoporatr/mdng requirements as aj proxyfor zoning standards: Many jurisdictions incorporate Title: 25 or local shelter funding requirements into the zoning code.' This  @: 2017 Public Counsel  28    is not permitted for sites that thej jurisdictioni is relying on to meet SB: 2 "by-right" requirements, as discussed earlier, and there would be no reason to duplicate such requirementsi int the zoning code: as any such] program requirements are monitored by thei funding agency. In addition, funding requirements for shelters and transitional and supportive. housing may overlap or conflict withi the: zoning code, causing ambiguity and delay inp processing. Finally,urisdictions: should ensure that funding requirements doi not themselves act as an unnecessarybarrier and carefully Createfee weaivers for nonprofits: Manyjurisdictions: already reduce or waive fees for. nonprofits for certain uses, e.g., large childcare facilities, and waive fees for development of affordablel housing. Nonprofits are: subject to a myriad ofc other regulations required by funding sources, so fees waivers and other ways to reduce requirements on: nonprofits could help speed up Educate staffand decision-makers on compliance with the Housing. Accountability Act (HAA): Educate planning staff and decision-makers ont the HAA's mandates and. consequences; maintain objective, quantifiable, written development standards for project approvals; do not place unreasonable conditions on protected housing developments. Educate. staffand decision-makers on compliance withf fair housing lawus: Educate planning staff and decision-makers on thei intersection of fairl housing and land use.. Among other things, al local jurisdiction: must not basei its land use and zoning decisions, in total ori inj part, on animust towards, or stereotypes about, peoplel based on characteristics against whichi iti is unlawful Reasonable accommodations: Develop a reasonable. accommodation policyt that allows changes to, ori flexible application of, land use policies necessaryt to afford aj person or groups of persons with disabilities an equal opportunity to use and enjoy housing. Accessory zises: Minimizing restrictions on: accessory/ancllaty uses for religious and non- profit organizations as a means ofi increasing a community's capacity to meeti its shelter needs  weigh the costs and benefits.  the process of developing adequate shelter and) housing.  to discriminate.  offers an efficient, cost-effective: approach.  ittp-//www.scpr.org/nes/201704/24/7120/B-t0o-spent-some737-mlaon-to-combat-homelessnes, 4Cal. Gov't. Code S 65582 (i) defines target population"; this definition is discussed! in detail in section "How does SB: 2] protect siting oft transitional and supportive housing?" ofthis guide. SA completel list ofs state funds that require housing element compliance is published byt the State Department ofHousing and Community! Development (HCD), available at typ/www.hcd.cagov/communty-deeelopment/nousing: emenyane/Dan_gantheompoayospar  Cal.G Gov't Code $65583 et seq.  30 Cal. Gov't Code $65589.5-thel Housing Accountability Act.  Consequences: for non-complance with: statel laws can be: stiff. In addition to beingi ineligible for certain funding streams, as discussed in Section Whys should we care about implementing SB: 2 in our jurisdiction",intra,jurisdictions can be challengedi in court for failuret to comply with State Housing  O: 2017 Public Counsel  29    Element Law, SB 2, and associated] land use and fair housing laws. For more information on thet types of suits that could bel brought, a good resource is Public Interest Law Project's Housing Element Manual. Therel havel been several notablel lawsuits addressing SB: 2 compliance filed recently. In Gamblev. Fullerton (Orange County Superior Court Case No. 30-2013-00675291,1 individuals experiencing homelessness sued the City of Fullerton for rejecting aj year-round. shelter that hadi been proposed bythe Fullerton Taski Force on Homelessness and) Mental Health Services and umamimoulyreommendes by thel Fullerton Planning Commission. The case was based on allegations that) Fullerton, motivated by discriminatory reasons, failed to establish proper by-right zones, required excessive development standards, and selected a zone that did not) provide a suitablel living environment. The claims included violations of SB 2, inconsistency with the housing element, unlawfull land use discrimination, unlawful housing discrimination, and disability discrimination. In Emergency Shelter Coalition U.. San Clemente (Orange County Superior Court Case No. 30-2014-00758880,4 ag group ofa advocates for homeless persons suedi the City of San Clementei forf failing to adopt a: zoning ordinance that complies with SB: 2, whichl had rejected: its planning commission's] proposed ordinance to: zone: 162 commercial andi industrial lots as possible sites for emergency shelters. San Clemente allegedly designated city-owned watert towers, beach parking lots, civicl buildings, and other publici facilities to serve as shelter sites. The city also allegedly waited wellj past a year after adopting al housing element to: adopt an SB 2 compliant zoning ordinance; set forthi improper development standards such as: a minimum floor area for each bed; and required shelter operators toj provide onsite kennels, install surveillance equipment, and excessive amounts of landscaping. In addition to agreeing to provide zoning for by-right emergency: shelter development, Fullerton also agreed to dedicate $11 million tot the development ofr rapid rehousing and extremelyl low income housing. San Clemente-smo-complane resulted in a court order prohibiting the city from issuingl building permits or zoning entitlements inl key commercial areas until it complied with statelaw. 7California Housing and Community Development- Building Blocks, People Bayeriemcdnglomalames, found at: p/mahlagasmmminapshaangumapepe 8Outcome. From. Housing. High Cost Homeless. Hospital. Patients, found at: ittps//economiertrg/pubication/geting-home 9Disability Rights California. Each Mind! Matters: California's Mental. Health Movement (2014)at8 8. 10 See, e.g., Everyone's Neghborhoodr,Aldresing "Not in My Backyard" Opposition to. Supportive Housing for People with Mental Health Disabilities, found: at: p/PaadsahibygisaapakSserat. andAnti-Nimby Tools, found at: htp/www.housingadgpdugatesoz/losamimbytooispdr, 11 Williams, Brad. Assembly CmmitemAppepratons (August 22, 2007). 14 Cal. Gov't.Code! S 65582(d); Cal. Health & Safety Code S 50801(e). 17] Los Angeles Homeless Services. Authority: 20161 Data: and Reports, found at:  experiencing-homelessness.shtm!  12 Cal.Gov't. Code 65583(a)(4)A). 13 HCD' Technical. Assistance Paper at9. 15 Cal. Gov't. Code! S 65583(a)(4)(A). 16] HCD' Technical Assistance Memo. us_ TAKLACACPEROGAS 18 Cal. Gov't. Code S 65583, subd. (a)(7).  Mtg/Acsusemalhsamighamd-mwa/Cms.bs.Cms 19 Ifthe jurisdiction has dopteda1o.yearplan to end chronic homelessness, its may further reduce its unmet need fore emergency shelter beds by the number of supportive housing unitsi identified! ini thei 10- yearplan and that are either vacant, orin the pipeline for development in the housing element planning period (.e., funding has been identified for construction). Cal. Gov't. Code S 65583, subd. (a)(7); HCD  Technical. Assistance Paper at7. 20 Cal. Gov't. Code S 65583, subds.d))C),)Q. 21 Cal. Gov't. Code S6 65583 (a)(4)(A).  22 Cal. Gov't. Code S 65583.2(1); HCDTechnical. Assistance: Memo at: 10.  23 An overlay zonei is a zoning district which is applied over one or more previously established: zoning districts, establishing additional or stricter standards and eriteria for covered properties in addition to those oft the underlying: zoning district. Communities often use overlay zones toj protect special features such as historic buildings, wetlands, steeps slopes, and waterfronts. Overlay: zones can alsol bet used to promote specific development projects, such as mixed-used developments, waterfront developments,  O 2017 Public Counsel  30    housing along transit corridors, or affordable housing. See American] Planning. Association, Property https://www.planningorg/dimisionsions/Planningandaw/propertytopics.htm*Overiay.  Topics and Concepts, found: at 24 HCD Technical Assistance Memo atg. 25 Cal. Gov't. Code! S 65583(a)(4)(A)  26 Cal. Gov't. Code $ 6583014XCCAloal, government that can demonstrate tot thes satisfaction ofthe department the existence of one or more emergency shelters either within its jurisdiction or pursuant toa multjurisdictional. agreementt that can accommodate that jurisdiction's need for emergency shelter identified inj paragraph (7) may comply with the zoning requirements of subparagraph (A) byidentifyinga zone orz zones where new emergency shelters are allowed with a conditional use permit.") See also) HCD Technical. Assistance Memo at 9 ("The only exceptions permitted toi thes non-discretionary zoning requirement are where aj jurisdiction demonstrates their homeless needs can be accommodatedi in existing shelters; or wheret thej jurisdiction meets all ofi its need througha ar mulb-jurisdichional  agreement...") 27Id. 291 Id.  28) HCD Technical Assistance Memo at 9. 30 Cal. Gov't. Code S 655830)Q)LA)Q-0m). 3? HCD' Technical. Assistance: Memo at 10.  317 Thei identified zone or: zones must also demonstrate that "existing or proposed permit processing, development, and management. standards are objective and encourage and facilitatei the development of, 33 For example, the City of Oakland sets al maximum bed limit of 1001 beds] per shelter in by-right shelter zones. Oakland Mun. Code, S 17.103.015, subd. (B)(2)("A maximum ofr number of onel hundred (100) 34 Seel htp/hationswel.com/tarapatimems-lorangeles-lomsingamenities-homees/as an example. 38 Shelters must still comply withl Los Angeles Fire Department requirements. Under current such requirements, shelters with moret than 491 beds require additional permits from Los Angeles Department of Building and Safety, found at: http://elninoshelterlactyorg/PDFDouments/LAFDDIRECTIVE.pdr http://cityclerklacty,org/lactydlerkcomnec/ndexdexchm/a-cti.MewTpecorl&cfnumber-15-1138-524 43 Cal. Health & Safety Code $50801(e) ("Emergency shelter" means housing with minimal supportive services forl homeless persons that isl limited to occupancy ofs six months or less byal homeless person. No individual orl household: may be denied emergency: shelter because of an inabilityto! pay.")  or conversion to, emergency shelters." Cal. Gov't Code 65583(a)(4)(A). beds or persons arej permitted to bes served nightly by thefacility.") 35 isye/pmhudenchamgeinrarémaeBHOIAHAEPatApet  361 Los. Angeles Ordinance. No. 184836 371 Los Angeles Mun. Code $ 91.8605.  39Id.  40] Los Angeles Ordinance: No.184836. 41 See Council Filel No.: 15-1138-S24 availablea at 42 Cal. Gov't. Code! S 8698.1(b). 44 Cal. Gov't. Code S 65583(a)(7). 45 Cal. Gov't. Code S 65583(a)(3)and (4)(A). 46 Cal. Gov't.Code! S 655838),A0-0. 47 Cal. Gov't. Code! $6 6558308)(4)0A)).  48 Cal. Gov't. Code S 655830a)(4)0A)Q0. See, HCD Technical. Assistance Memo at 11. ("As standard establishing the maximum number of beds should act to encouraget the deveiopmént of emergency 49 Cal Gov't. Code S 65582, subds. (g),G),G). As described ini the HCD SB 745 memo, in 2014, the legislature amended section 65582 of the Government Code to replace prior Health: and Safety Code definitions of"supportive housing," "target population," and" "transitionall housing" with definitions within the Government Code (in housing element law). Section 65582 was subsequently: amended to add other definitions; whilet there are no substantive changes tot the definitions used herein, the citations were 50 Statel law defines' "community care facility" as "any facility, place, or building that is maintained: and operated top provide nonmedical residential care, dayt treatment, adult day care, or foster family agency services: for children, adults, or children and adults, including, but not limited to, the physically  shelter.")  changed. (Assem. Bill No.: 1403 (2015-20161 Reg. Sess.)).  @: 2017 Public Counsel  31    handicapped, mentally impaired, incompetent persons, and abused or neglected children." (Cal. Health8 & Saf. Code $ 1502. Community carei facilities arel licensed byt the Community Care Licensing Division of the State Department of Social Services, andi include residential carei facilities and group homes, among other uses. (Id.)The California Community Care) Facilities. Act explicitly exempts supportivel housing from state 5 Definitions ofboarding, or rooming, houses are often found in municipal codes. For example, Los Angeles County's Planning and Zoning Code defines "boarding house" as' "al lodging house or other facility maintained, advertised orl held out tot thej public as a place where sleeping or rooming accommodations are: available, with orwithout meals," may alsol be confused with transitional or supportive. housing. (LA "hty/Pmaw2alamdneteydsycmaleAlaIe/sme/tependngto. "htp/Amawaatm,saaddaghmdaapodisypssplp 541 htp-l/lseponehomeagpmiwlhnarpaeypoispa/oc.hulan: 55 Itis outsidet the scope ofthis Guidei to: assess thel legal implications off funding requirements. 57 Sen. Bill No. 2 (Chapter 633, Statutes of 2007). Approved by Governor, Oct. 13, 2007 (2006-2007 Reg. 591 Under the Act, qualifying projects are emergency shelters and transitional and supportive housing, and residential or mixed-use projects containing atl least 20% oft total units sold orI rented tol lower income households or: 100% of units sold or rented to moderate! incomei households. Housing units targeted for loweri income households mustl bei made: available at a cost that does not exceed 30% of 60% of the: area median income, and housing units targeted for moderate-income househoids mustl bei made available: ata cost that does note exceed 30% of 100% oft the: areal median income. Cal. Gov't, Code S 65589.5(h). 60 Conditions that could have as substantial: impact on the viability of thej project include design changes, buildable! lot size reductions, or a reduction of allowable densities. Lindgren and Mattas, California Land 61 Ajurisdiction cannot rely ont thist finding to deny a qualifying projecti if (1) the development is proposed on a sitei identified in housing element as suitable for affordabie housing; or (i)t thej jurisdiction failedto identify adequate sites for housing development or adequate zones: for emergency shelter as required by  licènsing requirements. (Cal. Health & Saf. Code! S 1504-5.)  Co.2 Zoning Code822.08.180.) homelesnes/mdez.htm  56 Cal. Gov't. Code S 65583(a)(5). 58 Cal. Gov't. Code S 65589.5, subd. (b).  Sess.).  Use Practice (ist ed. 20161 update), $6:16.  statel housing elementl law and SB: 2. Cal. Gov't. Code S 65589.5, subd. (d). 63 Lindgren and Mattas, California Land Use Practice (1s ed. 20161 update), $6:16.  62 Cal. Gov't. Code $ 65589-50). 64 Cal. Gov't. Codes 65589-5(h)(5). 65 Cal. Gov't.Code S 65589.5(k).  66 The. Fair) Employment and) Housing Council of the Department of Fair Employment and Housing has proposed regulations regarding discriminatory effect, diseriminatoryland: use practices, and use of 67In California, local governments must not deny equall housing opportunities on thel basis ofrace, color, religion, national origin, sex, familial status, disability (both physical and mental), gender, gender identity, gender expression, sexual orientation, marital status, ancestry, source ofi income, and genetic  criminal history information. See! htps/www.dfehcagov/fehcouncil.  information. (42 U.S.C. $3604; Cal Gov't.Code $12955.) 68 See, e.g., Cal. Gov't. Code S 12955.8(b). 69 Cal. Gov't. Code $6 65008(d)(1). 70 Cal. Gov't. Code S 65008(a)(2).  7142 U.S.C.S $3604()(3); 28 C.F.R. S3 35.130(b)(7), implementing' Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. $12132 andi implementing regulations (see e.g., Pierce V. County ofOrange, 526 F.3d1 1190, 1215 (gth Cir.2008).) Cal. Gov't. Code, SS 12927(c)(1), 12955(1). In 2001, the California Attorney General urged Californial Mayors to amend their: zoning codes toi include reasonable accommodation procedure, found at: htp/Agagw/aMingspdfrasonmb.ipal.  72 Cal. Gov'tCode $65583(c)(3). 73:42 U.S.C. $3602(h).  74 Cal. Gov't. Code SS 12926(j),1 12926(m); see also S 12926.1(c).  O: 2017 Public Counsct  32