Brentwood: Petition Launched in Hopes of Reversing Proposed Emergency Homeless Shelter Location

More than 600 people as of 5:30 am Thursday have signed a petition in hopes of changing a proposed location for an Emergency Homeless Shelter on Brentwood Blvd. and Sunset Road.

During a March 10 joint workshop between the Brentwood City Council and Planning Commission, several locations were discussed and vetted where consensus was given to place the Emergency Homeless Shelter on city property for the purpose of enforcing the rules.

By state law, the City must select a location or the they would be penalized. If the City meets the May 31st deadline, it will remain eligible for the issuance of Measure J transportation funds, which are approximately $750,000 per year. The City will also remain eligible for One Bay Area Grant (OBAG) funding. Otherwise, the City will be excluded from applying for any OBAG funds until 2022 or 2023.

Residents who oppose the proposed location say it will drive down property values and create negatives both financial and other problems.

Here is the text from the petition:

There is a concern among the citizens of Brentwood regarding the placement of the emergency shelter slated for the city-owned property located at 1909 and 1907 Jane Way. The location raises a number of concerns in our community about possible negative outcomes; both economic and non economic. Controversy is further exacerbated by the fact that the site is located between two schools and across the street from Marsh Creek Trail.

The possible adverse impact on property value, on the incidence of violent and property crimes and on the quality of life in our community are all of major concern. These factors manifest themselves in the form of the local residents opposition to the location of such housing in our residential neighborhood. 

To sign the Petition, click here

Brief Recap of March 10 Workshop

During the March 10 Workshop meeting, Brentwood City Staff explained that under state law, the City needed to have a certified housing plan by May 31 for cities to have housing elements adopted. Under SB 2, which went into effect January 2008, it requires all cities to have zoning in place allows emergency shelter that is allowed in the zoning and at least 1 physical location at the general map.

The City of Brentwood does not have this in effect and have been informed and will not be certified by Brentwood Draft Housing Element unless its accompanied by a dually adopted Emergency Housing Ordinance.

The purpose of the workshop was for the Brentwood City Council and Planning Commission reviewed sites and gather all the information at the same time.  If Brentwood does not have a certified plan, it may jeopardize its eligibility for getting Measure J funds ($700k per year) and ABAG funds of up to a few hundred thousand dollars through 2022-23.

During the meeting, Mayor Bob Taylor questioned staff why they are up against a deadline and why they did not take care of this sooner saying they had to pick a location tonight.

“It’s almost contention on us tonight to figure out a site,” said Taylor. “The consequences are too severe for us not to figure it out tonight. I want everyone to understand the rubber hit the road.”

Bob Taylor says he liked where the Davis Camp was, there was 2-parcels, the city could designate either depending on the situation.

“I really think this should be on city property because it gives us the ability to move it,” said Taylor. “Use city property and go both of the parcels and we have everything needed and gives the city the complexity and right to do as we want to.”

Councilman Erick Stonebarger noted that there was never any good locations in a bedroom community because there is an argument against any location but said he would be wary of placing this location on the border of the city because you cannot trust the county or Antioch to enforce the rules.

“We really need to have this on a city owned parcel so we have 100% of the controls so we can enforce the rules being imposed on us,” said Stonebarger. “We have to have the ability to enforce the conditions.”

Councilman Steve Barr stated he would support whatever site this group though by consensus was best.

“As long as everyone is aware that once this comes back to our bodies, that we support this because there will be public comments that will be like what we heard this evening and,” said Barr. “That is the common denominator. It’s a difficult decision for all of us to make. We need to remember when it comes back why we chose the sight.”

Vice Mayor Joel Bryant stated he had a real problem with government interfering of any sort with individual property rights—noting his Cherokee roots having to end a nation, march across the country and killing half of them.

“I can very much appreciate the legitimate concern,” said Bryant. “I try to use the lens of if this was my house what would I want. There is not a piece of property in Brentwood I would want this in. Having run a homeless shelter for 5-years in Los Angeles, I am fully aware of the challenges that a lot of the homeless bring to a community.”
He noted 45% are homeless because they choose to be.

“I believe it’s more fair to the community for the burden to fall on the city than to the residents,” said Bryant. “I am certainly in support of this location.”

Both the City Council and Planning Commission recommended Staff work on a plan for the Davis Camp location located off Brentwood Blvd and Jane Lane.

The City will host a Planning Commission meeting followed by a City Council Meeting before a final decision is made.  Those impacted within 300 feet would be given notice and allow them an opportunity to have a voice.

City of Brentwood Documents

Here is a link to the 21-page document the City sent out on March 3 announcing the workshop on March 10 at 5:30 pm.

According to the announcement, it included the following information:

On March 10th a joint workshop will be held with the City Council and Planning Commission to review the draft 2015 Housing Element schedule and to discuss the proposed emergency shelter zoning ordinance. The goal of this workshop is to update the Council and the Commission about the status of candidate emergency shelter sites and to accordingly provide input and direction to staff.

BACKGROUND

Senate Bill 375 (SB 375) made several important changes to housing element law, including a longer planning period for housing elements. SB 375 extended the housing element planning period from five years to eight years to better synchronize the Regional Transportation Plan (RTP) and the Regional Housing Needs Allocation (RHNA) planning processes.

To qualify for the eight year planning period, the City must have an adopted housing element before May 31, 2015. If this does not occur, the City will be required to update its housing element every four years.

If the City meets the May 31st deadline, it will remain eligible for the issuance of Measure J transportation funds, which are approximately $750,000 per year. The City will also remain eligible for One Bay Area Grant (OBAG) funding. Otherwise, the City will be excluded from applying for any OBAG funds until 2022 or 2023.

The schedule for updating the housing element was included in the general plan update process. The City Council’s intention was to complete the comprehensive general plan, and then update the housing element. After the general plan was adopted in July 2014, staff and the project consultants (De Novo Planning Group) immediately started work on the new housing element and the corresponding emergency shelter ordinance. The consultants submitted a rough draft of the housing element to the state Department of Housing and Community Development (HCD) for preliminary review. HCD reported that it will not certify the City’s 2015 Housing Element unless it is accompanied with an adopted emergency shelter zoning ordinance in compliance with state law. Accordingly, drafts of several text amendments to the municipal code have been prepared in order to meet this objective.

One important point regarding the timeline for the adoption of the 2015 Housing Element (Attachment 1) is that HCD has a 60-day review period after the receipt of the City Council adopted housing element for their certification process. In the past, this process has only taken a few weeks, and discussions with HCD staff have indicated they would make a good faith effort to certify the housing element before the May 31st deadline.

EMERGENCY SHELTER ORDINANCE

On January 1, 2008, Senate Bill 2 (SB 2) went into effect, requiring that jurisdictions provide at least one zoning designation allowing the location of emergency shelters without discretionary approval (e.g. permitted use). SB 2 also:

• Requires the zoning ordinance to identify a site with sufficient capacity to meet the local need for an emergency shelter
• Requires the zoning map to provide at least one site for an emergency shelter
• Prohibits jurisdictions from denying a proposal for an emergency shelter, transitional housing or supportive housing, if it is needed and is consistent with the applicable zoning and development standards

Currently, the City’s Municipal Code (zoning ordinance) does not allow emergency shelters as a permitted use in any zone. Shepherd’s Gate provides shelter for women and children within the community; however, it does not fit the Government Code definition of an “emergency shelter” because it does not limit the length of time that services are provided to less than six months.

Therefore, the City is required by state law to identify a zone where an emergency shelter is a permitted use.

Included as part of the Housing Element update process is a draft Emergency Shelters ordinance (Attachment 2). The ordinance meets the requirements of SB 2, yet provides for occupancy, locational, and management restrictions up to the extent allowed by law.

As a starting place for possible locations for emergency shelter zoning, the 2012 Housing Element identified four potential shelter locations, including:

• the Brentwood Boulevard Specific Plan area, north of Lone Tree Way
• Planned Development 38
• Planned Development 48 at the southwest corner of Lone Tree Way and Shady Willow
• Planned Development 53 at the southwest corner of Lone Tree Way and the Highway 4.

Staff analyzed these locations for their suitability and feasibility with the following review criteria and presented this information to the Land Use and Development Committee:

• Availability of infrastructure at the site
• Adequate size of the available parcels to accommodate facilities to meet the needs of the homeless within the city of Brentwood
• Large existing buildings within the zone that may be suitable for conversion to shelters
• Compatibility with surrounding zoning districts/uses, including existing residential uses
• Proximity of the zone to public transportation
• Proximity of the zone to social services for the homeless
• Proximity of the zone to potential employment areas
• Proximity of the zone to schools and parks

At both its July 15, 2013, and December 16, 2013, meetings, the Land Use and Development Committee discussed these potential zones and reviewed different areas of the city using the criteria above. The committee determined that Planned Development 38 would be the most compatible zone for allowing an emergency shelter by right as a permitted use.

On February 3, 2014, the Planning Commission considered the proposed emergency shelter ordinance and continued the item, requesting staff to assess other potential sites throughout the city. The Land Use and Development Committee looked at other areas and City-owned properties at its last meeting on February 19. It again determined that PD-38 was the most suitable location with the least potential for conflicts in uses. The Committee also recommended that this joint workshop be held.

NEXT STEPS

The goal of the workshop on March 10th is to obtain direction from the City Council and Planning Commission on the proposed change to the PD-38 zoning or to determine whether another emergency shelter zoning location is preferred. After the workshop is concluded, staff and the project consultants will assess the input and directions provided and make any necessary revisions to the draft housing element or emergency shelter ordinance. The project schedule (as noted in Attachment 1) calls for bringing the draft housing element and ordinance back to the Planning Commission for recommendation and then to the City Council for action.

Full Document w/attachments