65 - INTERIM MOTEL/HOTEL CONVERSIONS14
Editor's note— Formerly, Ch. 21.65, §§ 21.65.010—21.65.210 entitled "Tenant Relocation and Code Enforcement," was repealed by ORD-13-0024 § 2, adopted Nov. 12, 2013, which derived from ORD-05-0007 § 1(part), 2006. See Ch. 18.25 for similar provisions.
This Chapter establishes a process by which existing transient residential structures, such as motels and hotels in the City of Long Beach can be converted on a temporary basis to supportive or transitional housing for persons experiencing homelessness or those at risk of homelessness. Under this Chapter, the structure may return to its previous use, or any use consistent with the underlying zoning, upon termination of the supportive or transitional housing use.
(ORD-20-0041 § 1, 2020)
In addition to the definitions set forth in Chapter 21.15, the following definitions shall apply to this Chapter 21.65:
A.
"Interim Motel/Hotel Housing Project" is defined as the physical re-purposing or adaptive reuse of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.
B.
"Interim Motel/Hotel Conversion Permit" is a permit issued by the Department of Development Services Planning Bureau, upon satisfaction of the requirements of this Section, to an eligible applicant to allow the temporary conversion of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.
C.
"Local Agency" is defined as an agency that funds and/or operates subsidized Supportive Housing and/or Transitional Housing for persons experiencing homelessness or at risk of homelessness and/or provides on-site supportive social services such as intensive case management, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(ORD-20-0041 § 1, 2020)
All or, within the coastal zone, portions of Dwelling Units and Guest Rooms in the structure must be used for Supportive Housing or Transitional Housing or a combination of both. The Interim Motel/Hotel Housing Project shall not result in the expansion of more than ten (10) percent of the existing building floor area; nor shall the combined number of Dwelling Units or Guest Rooms increase from the number existing on site prior to the date of the Interim Motel/Hotel Housing Project application. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use.
(ORD-23-0025 § 3, 2023 ORD-20-0041 § 1, 2020)
A.
The Department of Development Services in coordination with the Department of Health and Human Services shall review all Interim Motel/Hotel Housing Projects for zoning compliance as described in Section 21.65.060, and adherence to the performance standards in Section 21.65.070. The Interim Motel/Hotel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this Chapter are met through the approval process, including but not limited to, payment of all applicable fees. Interim Motel/Hotel Housing Projects shall not be considered a change of use under Title 21 of the Long Beach Municipal Code, nor an increase in density or other change which requires any corresponding discretionary action.
B.
Prior to issuance of an Interim Motel/Hotel Conversion Permit, the applicant shall provide a copy of an executed agreement between the Local Agency and the Interim Motel/Hotel Housing Project applicant setting forth the terms for the provision of the of onsite Supportive Housing or Transitional Housing, or a combination of both, and the provision of on-site social services; proof that the applicant has received funding from a Local Agency; and proof that the Supportive Housing or Transitional Housing agreement is in effect.
(ORD-20-0041 § 1, 2020)
Upon any termination of the Supportive Housing or Transitional Housing agreement, the Interim Motel/Hotel Housing Project applicant shall be required, within ninety (90) days, to notify the Department of Development Services and to complete one of the following:
A.
Submit an application to the Department of Development Services to return to the original use existing on the Interim Motel/Hotel Housing Project application, or to any use permitted by the current zoning regulations; or
B.
Provide a copy of a new executed agreement to the Department of Development Services, in accordance with the requirements in Section 21.54.040, to begin a new agreement term for the provision of Supportive or Transitional Housing.
(ORD-20-0041 § 1, 2020)
A.
Outside the coastal zone, Interim Motel/Housing Projects shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations, including, but not limited to, the following:
1.
Minimum Area per Dwelling Unit or Guest Room. A structure that is occupied with a use classified as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, regardless of any nonconforming status as to the area and density regulations of the underlying zone, may be used for an Interim Motel/Hotel Housing Project, provided that the conversion does not create any additional total combined number of Dwelling Units or Guest Rooms.
2.
Off-Street Automobile Parking. Interim Motel/Hotel Housing Projects shall be exempt from the requirements of LBMC Chapter 21.41 during the Supportive Housing or Transitional Housing agreement, however, the Interim Motel/Hotel Housing Project shall maintain and not reduce the number of onsite parking spaces existing on the date of the Interim Motel/Hotel Housing Project application.
3.
Use. Notwithstanding the use provisions of the underlying zone, an Interim Motel/Hotel Housing Project shall be permitted.
4.
Change of Use. Section 21.27.070 shall not apply to Interim Motel/Hotel Housing Projects.
5.
Change of Occupancy. To the extent that an Interim Motel/Hotel Housing Project is considered a change of occupancy, the change in occupancy shall be construed to be an occupancy group that is less hazardous than the original use, and building code compliance shall be limited to the requirements of Section 18.49.030, as determined by the Building Official.
6.
Notwithstanding any exemptions from building and zoning requirements detailed in this Section, an Interim Motel/Hotel Housing Project shall comply with minimum applicable health and safety requirements established in Title 18, as determined by the Building Official.
B.
Within the coastal zone, Interim Motel/Hotel Housing Projects, as defined in Section 21.65.020.A of this Chapter, shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations except for the City's certified Local Coastal Program (LCP) Land Use Plan and any regulations in the certified LCP Implementation Plan that are required for the protection of public access and coastal resources, including lower cost overnight visitor-serving accommodations. Interim Motel/Hotel Housing Projects require a coastal development permit consistent with Section 21.25.904.C of the certified Zoning Code.
C.
Minor Interior Alterations for Cooking Facilities. Approved Interim Motel/Hotel Housing Project applicants may make minor interior alterations adding cooking facilities, including a sink, a refrigerator not exceeding ten (10) cubic feet, counter space not exceeding ten (10) square feet, and a hotplate, microwave, or other cooking facilities to Guest Rooms. In the event a structure is returned to the motel or hotel use, in accordance with Section 21.65.040, the motel or hotel may maintain any Guest Rooms with added cooking facilities.
D.
Preservation of Nonconforming Rights. Upon termination of the Supportive Housing or Transitional Housing use, any structure that is nonconforming as to area or use regulations, or any other zoning code requirements, may return to the use and condition as it existed on the date of the Interim Motel Housing Project application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as Guest Rooms or Dwelling Units, or may be converted to accessory amenity spaces, so long as the total number of Dwelling Units or Guest Rooms do not exceed the number existing at the time of the application for the Interim Motel Housing Project.
(ORD-23-0025 § 4, 2023; ORD-20-0041 § 1, 2020)
The Interim Motel/Hotel Housing Project shall meet the following performance standards:
A.
Public Outreach Requirement. At the time of Interim Motel/Hotel Conversion Permit application, and prior to the issuance of any permits for an Interim Motel/Hotel Housing Project, the operator and/or Local Agency shall conduct outreach to the surrounding community, to the satisfaction of the Director of Development Services. Public Outreach may include, but is not limited to, mailed notification, or the convening of a public meeting or other similar public forum for the purpose of seeking input from the surrounding community. The applicant shall provide copies of mailed notices, meeting flyers and/or meeting summaries or notes, or other relevant documentation to the satisfaction of the Director of Development Services as evidence that this requirement has been fulfilled.
B.
Supportive Service Area. A minimum area of office space shall be provided within an Interim Motel/Hotel Housing Project for the provision of on-site Supportive Services, including case management.
C.
Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties.
D.
Security Lighting. Security lighting with illumination of not less than 0.2 foot-candles (2.15 lx) shall be provided in parking areas, alleys and any unenclosed spaces under or within the first floor of the building(s).
E.
Recycling and Trash Facilities. Any recycling or trash facilities shall be secured and completely enclosed by a solid wall or fence not less than six (6) feet in height.
F.
Historic Buildings. An Interim Motel/Hotel Housing Project shall not involve alteration of an historic character defining feature identified in a nomination or a survey for any project affecting a property listed in or formally determined eligible for a national, state, or local historic register, individually or as a contributor to a historic district, unless the Director of Development Services determines the proposed alteration will not adversely impact the property's historic eligibility.
(ORD-20-0041 § 1, 2020)
If compliance with the Performance Standards is not met, the applicant may apply for approval of alternative compliance measures. The requirements in Sections 21.65.030 and 21.65.040 must be met in order to qualify for an alternative compliance review. In approving the alternative compliance application, the Director of Development Services shall find that the Interim Motel/Hotel Housing Project substantially meets the purposes of the Performance Standards, including that it provides an appropriate level of Supportive Services that is accessible to the residents of the Supportive Housing or Transitional Housing.
(ORD-20-0041 § 1, 2020)
65 - INTERIM MOTEL/HOTEL CONVERSIONS14
Editor's note— Formerly, Ch. 21.65, §§ 21.65.010—21.65.210 entitled "Tenant Relocation and Code Enforcement," was repealed by ORD-13-0024 § 2, adopted Nov. 12, 2013, which derived from ORD-05-0007 § 1(part), 2006. See Ch. 18.25 for similar provisions.
This Chapter establishes a process by which existing transient residential structures, such as motels and hotels in the City of Long Beach can be converted on a temporary basis to supportive or transitional housing for persons experiencing homelessness or those at risk of homelessness. Under this Chapter, the structure may return to its previous use, or any use consistent with the underlying zoning, upon termination of the supportive or transitional housing use.
(ORD-20-0041 § 1, 2020)
In addition to the definitions set forth in Chapter 21.15, the following definitions shall apply to this Chapter 21.65:
A.
"Interim Motel/Hotel Housing Project" is defined as the physical re-purposing or adaptive reuse of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.
B.
"Interim Motel/Hotel Conversion Permit" is a permit issued by the Department of Development Services Planning Bureau, upon satisfaction of the requirements of this Section, to an eligible applicant to allow the temporary conversion of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.
C.
"Local Agency" is defined as an agency that funds and/or operates subsidized Supportive Housing and/or Transitional Housing for persons experiencing homelessness or at risk of homelessness and/or provides on-site supportive social services such as intensive case management, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.
(ORD-20-0041 § 1, 2020)
All or, within the coastal zone, portions of Dwelling Units and Guest Rooms in the structure must be used for Supportive Housing or Transitional Housing or a combination of both. The Interim Motel/Hotel Housing Project shall not result in the expansion of more than ten (10) percent of the existing building floor area; nor shall the combined number of Dwelling Units or Guest Rooms increase from the number existing on site prior to the date of the Interim Motel/Hotel Housing Project application. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use.
(ORD-23-0025 § 3, 2023 ORD-20-0041 § 1, 2020)
A.
The Department of Development Services in coordination with the Department of Health and Human Services shall review all Interim Motel/Hotel Housing Projects for zoning compliance as described in Section 21.65.060, and adherence to the performance standards in Section 21.65.070. The Interim Motel/Hotel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this Chapter are met through the approval process, including but not limited to, payment of all applicable fees. Interim Motel/Hotel Housing Projects shall not be considered a change of use under Title 21 of the Long Beach Municipal Code, nor an increase in density or other change which requires any corresponding discretionary action.
B.
Prior to issuance of an Interim Motel/Hotel Conversion Permit, the applicant shall provide a copy of an executed agreement between the Local Agency and the Interim Motel/Hotel Housing Project applicant setting forth the terms for the provision of the of onsite Supportive Housing or Transitional Housing, or a combination of both, and the provision of on-site social services; proof that the applicant has received funding from a Local Agency; and proof that the Supportive Housing or Transitional Housing agreement is in effect.
(ORD-20-0041 § 1, 2020)
Upon any termination of the Supportive Housing or Transitional Housing agreement, the Interim Motel/Hotel Housing Project applicant shall be required, within ninety (90) days, to notify the Department of Development Services and to complete one of the following:
A.
Submit an application to the Department of Development Services to return to the original use existing on the Interim Motel/Hotel Housing Project application, or to any use permitted by the current zoning regulations; or
B.
Provide a copy of a new executed agreement to the Department of Development Services, in accordance with the requirements in Section 21.54.040, to begin a new agreement term for the provision of Supportive or Transitional Housing.
(ORD-20-0041 § 1, 2020)
A.
Outside the coastal zone, Interim Motel/Housing Projects shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations, including, but not limited to, the following:
1.
Minimum Area per Dwelling Unit or Guest Room. A structure that is occupied with a use classified as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, regardless of any nonconforming status as to the area and density regulations of the underlying zone, may be used for an Interim Motel/Hotel Housing Project, provided that the conversion does not create any additional total combined number of Dwelling Units or Guest Rooms.
2.
Off-Street Automobile Parking. Interim Motel/Hotel Housing Projects shall be exempt from the requirements of LBMC Chapter 21.41 during the Supportive Housing or Transitional Housing agreement, however, the Interim Motel/Hotel Housing Project shall maintain and not reduce the number of onsite parking spaces existing on the date of the Interim Motel/Hotel Housing Project application.
3.
Use. Notwithstanding the use provisions of the underlying zone, an Interim Motel/Hotel Housing Project shall be permitted.
4.
Change of Use. Section 21.27.070 shall not apply to Interim Motel/Hotel Housing Projects.
5.
Change of Occupancy. To the extent that an Interim Motel/Hotel Housing Project is considered a change of occupancy, the change in occupancy shall be construed to be an occupancy group that is less hazardous than the original use, and building code compliance shall be limited to the requirements of Section 18.49.030, as determined by the Building Official.
6.
Notwithstanding any exemptions from building and zoning requirements detailed in this Section, an Interim Motel/Hotel Housing Project shall comply with minimum applicable health and safety requirements established in Title 18, as determined by the Building Official.
B.
Within the coastal zone, Interim Motel/Hotel Housing Projects, as defined in Section 21.65.020.A of this Chapter, shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations except for the City's certified Local Coastal Program (LCP) Land Use Plan and any regulations in the certified LCP Implementation Plan that are required for the protection of public access and coastal resources, including lower cost overnight visitor-serving accommodations. Interim Motel/Hotel Housing Projects require a coastal development permit consistent with Section 21.25.904.C of the certified Zoning Code.
C.
Minor Interior Alterations for Cooking Facilities. Approved Interim Motel/Hotel Housing Project applicants may make minor interior alterations adding cooking facilities, including a sink, a refrigerator not exceeding ten (10) cubic feet, counter space not exceeding ten (10) square feet, and a hotplate, microwave, or other cooking facilities to Guest Rooms. In the event a structure is returned to the motel or hotel use, in accordance with Section 21.65.040, the motel or hotel may maintain any Guest Rooms with added cooking facilities.
D.
Preservation of Nonconforming Rights. Upon termination of the Supportive Housing or Transitional Housing use, any structure that is nonconforming as to area or use regulations, or any other zoning code requirements, may return to the use and condition as it existed on the date of the Interim Motel Housing Project application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as Guest Rooms or Dwelling Units, or may be converted to accessory amenity spaces, so long as the total number of Dwelling Units or Guest Rooms do not exceed the number existing at the time of the application for the Interim Motel Housing Project.
(ORD-23-0025 § 4, 2023; ORD-20-0041 § 1, 2020)
The Interim Motel/Hotel Housing Project shall meet the following performance standards:
A.
Public Outreach Requirement. At the time of Interim Motel/Hotel Conversion Permit application, and prior to the issuance of any permits for an Interim Motel/Hotel Housing Project, the operator and/or Local Agency shall conduct outreach to the surrounding community, to the satisfaction of the Director of Development Services. Public Outreach may include, but is not limited to, mailed notification, or the convening of a public meeting or other similar public forum for the purpose of seeking input from the surrounding community. The applicant shall provide copies of mailed notices, meeting flyers and/or meeting summaries or notes, or other relevant documentation to the satisfaction of the Director of Development Services as evidence that this requirement has been fulfilled.
B.
Supportive Service Area. A minimum area of office space shall be provided within an Interim Motel/Hotel Housing Project for the provision of on-site Supportive Services, including case management.
C.
Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties.
D.
Security Lighting. Security lighting with illumination of not less than 0.2 foot-candles (2.15 lx) shall be provided in parking areas, alleys and any unenclosed spaces under or within the first floor of the building(s).
E.
Recycling and Trash Facilities. Any recycling or trash facilities shall be secured and completely enclosed by a solid wall or fence not less than six (6) feet in height.
F.
Historic Buildings. An Interim Motel/Hotel Housing Project shall not involve alteration of an historic character defining feature identified in a nomination or a survey for any project affecting a property listed in or formally determined eligible for a national, state, or local historic register, individually or as a contributor to a historic district, unless the Director of Development Services determines the proposed alteration will not adversely impact the property's historic eligibility.
(ORD-20-0041 § 1, 2020)
If compliance with the Performance Standards is not met, the applicant may apply for approval of alternative compliance measures. The requirements in Sections 21.65.030 and 21.65.040 must be met in order to qualify for an alternative compliance review. In approving the alternative compliance application, the Director of Development Services shall find that the Interim Motel/Hotel Housing Project substantially meets the purposes of the Performance Standards, including that it provides an appropriate level of Supportive Services that is accessible to the residents of the Supportive Housing or Transitional Housing.
(ORD-20-0041 § 1, 2020)