From: Amy Wolfson

Sent: Wednesday, March 30, 2016 11:06 AM

To: 'terriland@comcast.net'; 'Jennifer Ray'; 'Duane
Strawser'; 'r.bergman'; Evans Phelps
Subject: 606 Gold Flat Road, Streicher House
Dear City Council Members,
It is my intention with this email to update you on the
property known as the Streicher House, located at 606
Gold Flat Road. Initially its intended use was viewed as
being an emergency shelter, allowed administratively,
without a permit, in the LI (Light Industrial) zone
designated for that area, subject to securing a state
license for the operation. Recently, staff has taken a
closer look at the situation prompted by complaints of
the operators and neighbors. In addition to meeting with
the Devine Spark representative managing the site and
receiving more detailed information on the homeless
services intended to be offered, staff has reexamined
zoning regulation changes made to implement the 2009
Housing Element update for compliance with SB2, the
State legislation that compelled the City to provide a
zoning designation that allows for homeless emergency
shelters as a ministerial use. After discussions with the
original authors of our 2009 Housing Element and
enacting zoning ordinance language, as well as with a
representative of the CA Housing and Community
Development Department (HCD), staff has determined
that the Citys definition of Emergency Shelter is
inconsistent with SB2 inasmuch as it includes a state
licensing component instead of adopting local
management standards authorized by SB2. Upon further
research , it appears that there is no state license
available for this kind of facility and so the City cannot
require that it be obtained. According to our Housing
Element authors, the definition including the state

licensing requirement was based on the language

adopted by several other jurisdictions. Presumably,
these jurisdictions are having similar compliance issues.
Based on information provided by the applicant, staff is
satisfied that the operation intended for 606 Gold Flat
Road includes a combination of uses: administrative
offices, warehousing, craft workshops, and emergency
shelter type uses . These uses are appropriate as
allowed uses in the Light Industrial district and I will be
providing a letter to that effect to the property owner
shortly.
Looking ahead, it is my recommendation that the City
take steps to clean up our definition of emergency
shelter, transitional housing, and supportive
housing,, all of which include the state licensing
component, to conform with the State legislative
definitions. I would also recommend that the City adopt
management standards for any subsequently
established facilities or any expansion of existing
facilities to the extent authorized by SB2 in the following
regards:
(i) The maximum number of beds or persons permitted
to be served nightly by the facility.
(ii) Off-street parking based upon demonstrated need,
provided that the standards do not require more parking
for emergency shelters than for other residential or
commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite
waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided
that emergency shelters are not required to be more
than 300 feet apart.
(vi) The length of stay.

(vii) Lighting.
(viii) Security during hours that the emergency shelter is
in operation.
These are matters I intend to take up with the Planning
Commission for their recommendation. Please let me
know if you have any concerns or questions regarding
any of the above information.
Amy Wolfson
City Planner
City of Nevada City
(530) 265-2496, ext 130
From: Mark Prestwich
Sent: Thursday, February 25, 2016 4:17 PM
To: Jennifer Ray; evansphelps@gmail.com; Duane
Strawser; r. bergman; terriland@comcast.net
Cc: Amy Wolfson; Catrina Olson; Hal DeGraw
Subject: Information Only - 606 Gold Flat Road

Dear City Council Members,

The City has received multiple complaints about
possible homeless services being offered out of an
existing residence located at 606 Gold Flat Road.
City Planner Amy Wolfson has prepared the following
to update you on this issue:
The property is zoned Light Industrial (LI) whereby an
emergency shelter is considered a principal
permitted use. An emergency shelter is defined in
the zoning ordinance as follows:
Emergency shelter is a facility providing sleeping
accommodation, meal, and other social and medical
services to individuals who are homeless. An

emergency shelter is intended to provide temporary

housing for up to six (6) months for each homeless
individual served. Any such facility must be state
licensed and operated by a non-profit or
governmental agency and provide twenty-four hour
oversight by qualified individuals.
It is important to understand that if the subject
property is being operated in compliance with the
above definition (including state licensing) then the
City does not have the authority to regulate the
operation except perhaps to report potential
violations of its state licensing terms.
The City has sent a letter to the property owner
providing information on the potential zoning
violation and requested that she provide proof of
state licensing. In the event that she cannot/or will
not secure state licensing, she could potentially
apply for a Conditional Use Permit as a public/quasipublic use. Under a Conditional Use Permit, the City
would have the ability to regulate the operation fairly
heavily addressing issues, such as parking, hours of
operation, security, client waiting areas, number of
individuals on the site at any one time, number and
qualifications of staff, etc.
The City Attorney has offered an opinion that in order
for a use to be conditionally permitted the operation
would have to fall outside the definition of
emergency shelter in some significant regard other
than not being state licensed. The use would have to
be less intense and less of an impact than a state
licensed emergency shelter and operate in a manner

that could be adequately mitigated by appropriate

conditions.
We have not presently issued a cease and desist
letter because we have not yet ascertained whether
or not the operation is being run legally under a state
license. If we find the operation is being run illegally,
and the owner does not cease voluntarily the City will
follow up with appropriate enforcement action.
If you have any questions please dont hesitate to
contact me.
Amy Wolfson
City Planner
City of Nevada City
(530) 265-2496, ext 130
-Mark
Mark T. Prestwich
City Manager
City of Nevada City
(530) 265-2496, ext. 119