Transmittal - 2/11/2022ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: February 10, 2022
Dan Dugan, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2021-01033 Homeless Resource Center and Homeless Shelter Text
Amendments
STAFF CONTACT: Nick Norris, Planning Director, nick.norris@slcgov.com or 801-535-6173
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council consider the recommendation from the
Planning Commission to deny the proposal to prohibit homeless resource centers and homeless
shelters by removing the uses from the land use tables in the CG, D2, and D3 zoning districts.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: This proposal was initiated by Mayor Erin Mendenhall in
October 2021. The initiation included three parts:
1. Prohibit new, future homeless shelters or homeless resources centers in all zoning
districts in the city.
2. Modify the conditional use standards for homeless shelters or homeless resource centers,
and
3. Distinguish between temporary overflow shelters and permanent shelters and homeless
resources centers that operate year-round and potentially allow temporary overflow
homeless shelters in certain zones.
This transmittal only includes part 1. Parts 2 and 3 are in the engagement process and will be
going to the Planning Commission in the coming months. They are not part of this proposal.
Lisa Shaffer (Feb 11, 2022 12:02 MST)02/11/2022
02/11/2022
Part 1 would remove homeless resource centers and homeless shelters from the land use tables
by deleting the “C” (indicating a use is a conditional use) in the land use tables for the CG
General Commercial, D2 Downtown Support, and D3 Downtown/Warehouse Residential Zoning
Districts. If approved, homeless resource centers and homeless shelters would not be allowed in
any zoning districts in the city. The uses also include a footnote to a qualifying provision that
follows each land use table. The footnote references a provision in Utah Code that has been
removed from Utah Code by the Utah Legislature. The footnote would be deleted as part of this
proposal.
This proposal includes some changes to Zoning Ordinance section 21A.36.350. The purpose of
these changes is to ensure that the existing regulations would apply to existing homeless resource
centers. The current language says that it applies to conditional uses. If the conditional use is
removed, then this wording needs to change so it would still apply. This section is likely to be
modified during part 2 of this proposal.
The City initiated the pending ordinance rule with this petition. The pending ordinance rule
allows a city to hold any application for a homeless resource center or homeless shelter for a
period of 180 days pending a change in city code. This applies to any application that is
submitted starting on the day the petition is initiated. The petition was initiated on October 4,
2021. The 180-day period expires on April 2, 2022. If the proposal or a modified version of the
proposal is adopted by April 2, 2022, any application that is submitted during the 180 period
would be denied because a homeless resource center and homeless shelter would no longer be
allowed. Alternatively, if a modified version is adopted, an application that complied with the
modified version may be processed and an application that did not comply would be denied. If
no changes are adopted by the 180-day deadline, the existing regulations go back into effect, and
any open applications would be processed under the current regulations.
In November 2021 the City Council adopted a motion that initiated a petition that asked the
administration to review and come back with recommendations for “prohibiting temporary
shelters until other jurisdictions in Salt Lake County permit them.” The initiation request from
Mayor Mendenhall and this one from the City Council are directly related to what would be the
same provisions in city code. Therefore, it is challenging to separate each request into a different
proposal. This proposal (to remove the uses from the land use table) does accomplish the City
Council request because it would prohibit any future shelter or resource center until such time as
the City Council adopts new regulations for either permanent or temporary shelters. If this
proposal is adopted, it does not prohibit the City Council from initiating temporary land use
regulations but would prevent any other entity from submitting a conditional use for either a
permanent or temporary/season shelter.
PUBLIC PROCESS: The proposed changes were outlined in a public information document
and made available to the public on November 16, 2021. A notice was sent to all registered,
recognized community organizations via email on the same date. This started the 45-day public
engagement period required by city code. The 45-day public engagement period ended on
January 1, 2022. This date only identifies the end date of the 45-day engagement period and
public input is still being accepted.
During the 45-day period a group of community councils hosted a virtual public forum where the
proposal was discussed, and people had the opportunity to ask questions. Information about the
number of attendees has not been provided to the Planning Division as of the date of this
transmittal. A transcript of the questions that were submitted through the Q/A function of the
virtual meeting platform has also not been provided. The questions and comments submitted
indicated a mixed level of support. Some people were in support of part 1 of the proposal, while
others felt that removing the uses without a more solid proposal to allow the uses in the future
was harmful to those experiencing homelessness. In the opinion of the Planning Division, most
people supported the idea of updating the process and the regulations, but they don’t want to
harm the people without homes, the service providers, or the surrounding community.
Two written comments were submitted to the Planning Division prior to the production date of
the staff report. The comments came from a group of community councils and from The Road
Home. Those comments can be found in the Planning Commission staff report.
The Planning Division also met with homeless service providers to discuss the proposal on
January 4, 2022. The service providers are concerned that removing the uses jeopardizes their
ability to take advantage of available resources that can help provide services and are concerned
that changes to the regulations will make it more difficult for the providers to shelter the
homeless. A summary of that meeting is also discussed in the Planning Commission staff report.
On January 6th, the community hosted a similar community forum in Spanish. This forum was
essentially the same as the one held on December 16th. The forum was moderated, and questions
and answers were provided by a Spanish speaking staff member of the Community and
Neighborhoods Department. A transcript has not been provided to the Planning Division, but
similar questions and issues were raised during this forum as were raised in the December 16th
forum.
The Planning Commission held a public hearing on January 12, 2022. The public hearing was
posted on the Planning Division website, the Utah Public Notice website, and shared through the
Planning Division email listserv. No entities have requested mailed notice of this proposal and
no mailed notice was provided. Service providers were provided with an email notice of the
hearing. Written comments were provided to the Planning Commission and several people spoke
during the public hearing. The comments were mixed and ranged from support for the proposal
to opposition to the proposal. The minutes of the Planning Commission meeting are linked in
this document and provide a summary of the comments made. One underlying theme of the
public comment was the need to act quickly to have an updated process to allow homeless
resource centers in the city. Some encouraged the process to spread the uses throughout the city,
while others supported the uses to be proximate to needed services. After the public hearing, the
Planning Commission was also mixed on the proposal and debated the right direction to go. The
Commission ended up adopting a motion to reject part one of the proposal, primarily because
they were concerned there was no timeline established to replace the conditional use process.
Planning Commission (PC) Records
a) PC Agenda of January 12, 2022 (Click to Access)
b) PC Minutes of January 12, 2022 (Click to Access)
c) Planning Commission Staff Report of January 12, 2022 (Click to Access Report)
EXHIBITS:
1) Project Chronology
2) Notice of City Council Public Hearing
3) Original Petition
4) Public Comment Received after Planning Commission Staff Report was Published
SALT LAKE CITY ORDINANCE
No. _____ of 2022
(An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to
homeless resource center and homeless shelter text amendments)
An ordinance amending various Sections of Title 21A of the Salt Lake City Code pertaining to
homeless resource center and homeless shelter text amendments pursuant to Petition No.
PLNPCM2021-01033.
WHEREAS, on October 4, 2021, Mayor Erin Mendenhall (the “Mayor”) initiated a
petition, Petition No. PLNPCM2021-01033, to consider, among other things, a text amendment to
the Salt Lake City Code to prohibit new future homeless shelters or homeless resources centers in all
zoning districts in the city;
WHEREAS, the Mayor initiated the petition pursuant to City ordinance, thereby, invoking
the pending ordinance doctrine recognized by Utah Code Section 10-9a-509 to prohibit new
homeless shelters and homeless resource centers in the city;
WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a
public hearing on January 12, 2022 to consider the aforementioned portion of the request initiated by
the Mayor to amend the Salt Lake City Code to prohibit new homeless shelters and homeless
resource centers within the city; and
WHEREAS, at its January 12, 2022 hearing, the Planning Commission voted to forward a
negative recommendation on the proposal related to the petition before it; and
WHEREAS, the Salt Lake City Council desires, for the time being, to prohibit new
homeless shelters and homeless resource centers; and
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this
matter, that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Text of Salt Lake City Code Subsection 21A.33.010.C.
That Subsection 21A.33.010.C of the Salt Lake City Code shall be and hereby is amended to
read as follows:
C. Uses Not Permitted: Any use not specifically permitted or conditionally permitted in the table
of permitted and conditional uses for the specific zoning district is prohibited. Only uses listed as
a “P” or a “C” in the table of permitted and conditional uses for a district shall be allowed where
designated.
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional
Uses for Commercial Districts) shall be and hereby is amended to modify only the following rows in the
table which shall read and appear in that table as follows:
21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR
COMMERCIAL DISTRICTS:
USE CN CB CS1 CC CSHBD1 CG SNB
Homeless Resource Center
Homeless Shelter
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That the
“Qualifying Provisions:” of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables:
Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to
remove qualifying provision number “21” and designate qualifying provision 21 as “reserved” as follows:
Qualifying Provisions:
21.[Reserved.]
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional
Uses for Downtown Districts) shall be and hereby is amended to modify only the following rows in the
table which shall read and appear in that table as follows:
21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN
DISTRICTS:
USE D-1 D-2 D-3 D-4
Homeless Resource Center
Homeless Shelter
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.050. That the
“Qualifying Provisions:” of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables:
Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to
remove qualifying provision number “15” and designate qualifying provision 15 as “reserved” as follows:
Qualifying Provisions:
15. [Reserved].
SECTION 6. Amending the Text of Salt Lake City Code Subsection 21A.36.350.A
and the title of section 21A.36.350. That Salt Lake City Code Subsection 21A.36.350.A and
the title of Section 21A.36.30 shall be and hereby is amended to read as follows:
21A.36.350: REGULATIONS FOR HOMELESS RESOURCE CENTERS AND
HOMELESS SHELTERS:
A. A homeless resource center or homeless shelter located within the city shall comply with the
following regulations. Any homeless resource center or homeless shelter approved as a
conditional use shall comply with these regulations and the requirements of the approved
conditional use.
SECTION 7. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended to modify
the definition of “homeless resource center” and “homeless shelter” which shall read and appear as
follows:
HOMELESS RESOURCE CENTER: An establishment in which co-located supportive services
such as sleeping, bathing, eating, laundry facilities, and housing case management is provided
on an emergency basis for individuals experiencing homelessness. Additional services may
include preparation and distribution of food; medical care and treatment; behavioral and
mental health counseling; employment counseling; educational instruction, and vocational
training.
HOMELESS SHELTER: An establishment in which sleeping accommodations are provided on
an emergency basis for individuals experiencing homelessness.
SECTION 8. Effective Date. This Ordinance shall take effect immediately after it has been
published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-
713.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2022.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2022.
Published: ______________.
1/31/2022
LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 2022 2
3
(An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to 4
homeless resource center and homeless shelter text amendments) 5
6
An ordinance amending various Sections of Title 21A of the Salt Lake City Code pertaining to 7
homeless resource center and homeless shelter text amendments pursuant to Petition No. 8
PLNPCM2021-01033. 9
WHEREAS, on October 4, 2021, Mayor Erin Mendenhall (the “Mayor”) initiated a 10
petition, Petition No. PLNPCM2021-01033, to consider, among other things, a text amendment to 11
the Salt Lake City Code to prohibit new future homeless shelters or homeless resources centers in all 12
zoning districts in the city; 13
WHEREAS, the Mayor initiated the petition pursuant to City ordinance, thereby, invoking 14
the pending ordinance doctrine recognized by Utah Code Section 10-9a-509 to prohibit new 15
homeless shelters and homeless resource centers in the city; 16
WHEREAS, the Salt Lake City Planning Commission (the “Planning Commission”) held a 17
public hearing on January 12, 2022 to consider the aforementioned portion of the request initiated by 18
the Mayor to amend the Salt Lake City Code to prohibit new homeless shelters and homeless 19
resource centers within the city; and 20
WHEREAS, at its January 12, 2022 hearing, the Planning Commission voted to forward a 21
negative recommendation on the proposal related to the petition before it; and 22
WHEREAS, the Salt Lake City Council desires, for the time being, to prohibit new 23
homeless shelters and homeless resource centers; and 24
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 25
matter, that adopting this ordinance is in the city’s best interests. 26
LEGISLATIVE DRAFT
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 27
SECTION 1. Amending the Text of Salt Lake City Code Subsection 21A.33.010.C. 28
That Subsection 21A.33.010.C of the Salt Lake City Code shall be and hereby is amended to 29
read as follows: 30
C. Uses Not Permitted: Any use specifically listed without a "P" or a "C" designated in the table 31
of permitted and conditional uses for a district shall not be allowed in that zoning district. Any 32
use not specifically permitted or conditionally permitted in the table of permitted and conditional 33
uses for the specific zoning district is prohibited. Only uses listed as a “P” or a “C” in the table of 34
permitted and conditional uses for a district shall be allowed where designated. 35
SECTION 2. Amending the Text of Salt Lake City Code Section 21A.33.030. That Section 36
21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 37
Uses for Commercial Districts) shall be and hereby is amended to modify only the following rows in the 38
table which shall read and appear in that table as follows: 39
21A.33.030: TABLE OF PERMITTED AND CONDITIONAL USES FOR 40
COMMERCIAL DISTRICTS: 41
USE CN CB CS1 CC CSHBD1 CG SNB
Homeless Resource Center C21
Homeless Shelter C21
42
SECTION 3. Amending the Text of Salt Lake City Code Section 21A.33.030. That the 43
“Qualifying Provisions:” of Section 21A.33.030 of the Salt Lake City Code (Zoning: Land Use Tables: 44
Table of Permitted and Conditional Uses for Commercial Districts) shall be and hereby is amended to 45
remove qualifying provision number “21” and designate qualifying provision 21 as “reserved” as follows: 46
Qualifying Provisions: 47
21. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 48
not prohibit construction of a homeless resource center or homeless shelter if the site is 49
approved by and receives funding through the State Homeless Coordinating Committee, with 50
the concurrence of the Housing and Community Development Division within the Department 51
of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 52
53
21.[Reserved.] 54
55
LEGISLATIVE DRAFT
SECTION 4. Amending the Text of Salt Lake City Code Section 21A.33.050. That Section 56
21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and Conditional 57
Uses for Downtown Districts) shall be and hereby is amended to modify only the following rows in the 58
table which shall read and appear in that table as follows: 59
21A.33.050: TABLE OF PERMITTED AND CONDITIONAL USES FOR DOWNTOWN 60
DISTRICTS: 61
USE D-1 D-2 D-3 D-4
Homeless Resource Center C15 C15
Homeless Shelter C15 C15
62
SECTION 5. Amending the Text of Salt Lake City Code Section 21A.33.050. That the 63
“Qualifying Provisions:” of Section 21A.33.050 of the Salt Lake City Code (Zoning: Land Use Tables: 64
Table of Permitted and Conditional Uses for Downtown Districts) shall be and hereby is amended to 65
remove qualifying provision number “15” and designate qualifying provision 15 as “reserved” as follows: 66
Qualifying Provisions: 67
15. Subject to conformance with the provisions of section 21A.36.350 of this title, the City may 68
not prohibit construction of a homeless resource center or homeless shelter if the site is 69
approved by and receives funding through the State Homeless Coordinating Committee, with 70
the concurrence of the Housing and Community Development Division within the Department 71
of Workforce Services, in accordance with section 35A-8-604 of the Utah Code. 72
73
15. [Reserved]. 74
75
SECTION 6. Amending the Text of Salt Lake City Code Subsection 21A.36.350.A 76
and the title of section 21A.36.350. That Salt Lake City Code Subsection 21A.36.350.A and 77
the title of Section 21A.36.30 shall be and hereby is amended to read as follows: 78
21A.36.350: QUALIFYING PROVISIONS REGULATIONS FOR HOMELESS 79
RESOURCE CENTERS OR AND HOMELESS SHELTERS: 80
A. A homeless resource center or homeless shelter located within the city shall comply with the 81
following regulations. Any homeless resource center or homeless shelter approved as a 82
conditional use shall comply with these regulations and the requirements of the approved 83
conditional use. may be allowed as a conditional use, as identified in chapter 21A.33, "Land Use 84
Tables", of this title pursuant to the provisions of chapter 21A.54, "Conditional Uses", of this title 85
and the requirements of this section 86
87
LEGISLATIVE DRAFT
SECTION 7. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section 88
21A.62.040 of the Salt Lake City Code (Definitions of Terms) shall be and hereby is amended to modify 89
the definition of “homeless resource center” and “homeless shelter” which shall read and appear as 90
follows: 91
HOMELESS RESOURCE CENTER: An establishment building or portion thereof in which co-92
located supportive services such as sleeping, bathing, eating, laundry facilities, and housing case 93
management is provided on an emergency basis for individuals experiencing homelessness. 94
Additional services may include preparation and distribution of food; medical care and 95
treatment; behavioral and mental health counseling; employment counseling; educational 96
instruction, and vocational training. 97
98
HOMELESS SHELTER: An establishment in which sleeping accommodations are provided on 99
an emergency basis for individuals experiencing homelessness. Any homeless shelter that began 100
operation on or before January 1, 2016, may operate year round in accordance with section 10-101
9a-526 of the Utah Code. 102
103
SECTION 8. Effective Date. This Ordinance shall take effect immediately after it has been 104
published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code §10-3-105
713. 106
107
Passed by the City Council of Salt Lake City, Utah this _______ day of 108
______________, 2022. 109
______________________________ 110
CHAIRPERSON 111
112
ATTEST: 113
114
______________________________ 115
CITY RECORDER 116
117
118
Transmitted to Mayor on _______________________. 119
120
121
Mayor’s Action: _______Approved. _______Vetoed. 122
123
124
125
LEGISLATIVE DRAFT
______________________________ 126
MAYOR 127
128
______________________________ 129
CITY RECORDER 130
131
(SEAL) 132
Bill No. ________ of 2022. 134
Published: ______________. 135
136
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. MAILING LIST
1. PROJECT CHRONOLOGY
Petition: PLNPCM2021-01033
October 4, 2021 Petition initiated by Mayor Erin Mendenhall. Notice of pending ordinance
invoked by the city, starting 180-day decision making period.
October 6, 2021 Internal meeting to discuss how to proceed with the proposal and what
sections of the zoning code may be impacted.
October 21, 2021 Internal meeting to discuss community engagement.
October 26, 2021 Internal meeting to discuss expectations for this project.
November 2, 2021 Internal meeting to review draft proposal.
November 4, 2021 Internal meeting to discuss potential legal issues with the proposal.
November 16, 2021 Notice and information sent to all recognized organizations starting the
45-day public engagement period.
December 13, 2021 Presentation to Sugar House Community Council Land Use Committee
December 16, 2021 Virtual community forum hosted by recognized organizations.
December 29, 2021 Public notice for January 12, 2022 Planning Commission public hearing
sent to Division list serve, posted on city website, and posted on Utah
Public Meeting website. Property posted with sign advertising public
hearing.
January 3, 2022 Meeting with service providers to discuss the proposal.
January 6, 2022 Virtual community forum hosted by recognized organizations held in
Spanish.
January 12, 2022 Planning Commission public hearing.
2. NOTICE OF CITY COUNCIL HEARING
The Salt Lake City Council is considering Petition P:NPCM2021-01033 – A petition initiated by Mayor
Erin Mendenhall to amend the Salt Lake City Zoning Code by removing Homeless Resource Centers and
Homeless Shelters as conditional uses from the land use tables for the CG General Commercial, D-2
Downtown Support, and D-3 Downtown Warehouse/Residential Zoning Districts, modifying 21A.33.010
to clarify when listed land uses are prohibited, modifying the applicability section of 21A.36.350
Qualifying Provisions for Homeless Resource Centers and Homeless Shelters, and modifying the
definitions of homeless resource centers and homeless shelters in 21A.62. The City Council may consider
modifications to other related sections of the code as part of this proposal.
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
All persons interested and present will be given an opportunity to be heard in this matter.
This meeting will be held via electronic means, while potentially also providing for an in-
person opportunity to attend or participate in the hearing at the City and County Building,
located at 451 South State Street, Room 326, Salt Lake City, Utah. If you are interested in
participating during the Public Hearing portion of the meeting, please visit the website
www.slc.gov/council/virtual-meetings/ or call 801-535-7654 to obtain connection
information.
Comments may also be provided by calling the 24-Hour comment line at (801)535-7654 or
sending an email to council.comments@slcgov.com. All comments received through any
source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Nick Norris at 801-535-6173 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at nick.norris@slcgov.com
People with disabilities may make requests for reasonable accommodation no later than 48 hours in advance
in order to participate in this hearing. Please make requests at least two business days in advance. To make
a request, please contact the City Council Office at council.comments@slcgov.com , 801-535-7600, or
relay service 711.
3. ORIGINAL PETITION
4. PUBLIC COMMENT RECEIVED AFTER PLANNING
COMMISSION STAFF REPORT PUBLISHED