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Home My WebLink AboutMN-COW SPECIAL TOPICS WORK SESSION-2024-04-10YouTube Link: Date: Location: Wednesday April 10, 2024 108 E Green Street Council Chambers 3rd Floor COMMON COUNCIL COW SPECIAL TOPICS Voting Record 1.Call To Order 2.Review and Approval of Minutes Attendance Record of Voting Members Name Present Absent/Excused 1st Ward - Kayla Matos X 1st Ward - Phoebe Brown X 2nd Ward - Ducson Nguyen X 2nd Ward - Kris Haines-Sharp X 3rd Ward - David Shapiro X 3rd Ward - Pierre Saint-Perez X 4th Ward - Tiffany Kumar X 4th Ward - Patrick Kuehl X 5th Ward - Margaret Fabrizio X 5th Ward - Clyde Lederman X Mayor - Robert Cantelmo X Discussion Summary: You Tube Link https://www.youtube.com/watch?v=zy55S8_t-Mw Discussion Summary: Timestamp 3:40 Minutes approved Moved By: Kris Haines-Sharp Seconded By: Tiffany Kumar Motion Summary: Vote Passed 10-0 Carried Unanimously Member Approve Oppose Abstain Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X 3.Public Hearing 3.1 Proposed Zoning Amendment to Establish a Zoning Permit Process 3.2 Proposed Short-Term Rental Ordinance Discussion Summary: A member of the public, Donna Fleming spoke on the Zoning Amendment. Moved By: Ducson Nguyen Seconded By: Patrick Kuehl Motion Summary: Motion to move to Public Hearing Timestamp 4:33 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: Members of the public spoke about the Short-Term Rental Ordinance Members of the public were: Russell Posegate, Sarah Davis, Zac Winn, Jorge Defendini, Donna Felming, Katie Sims, Monica Hargraves, Francisco Valoy, Theresa Alt, Anita Graf, Genevive Rand, Sarah Curless and Adam Hart. Moved By: Kayla Matos Seconded By: Ducson Nguyen Motion Summary: Public Hearing on Short Term Rental Timestamp 7:00 Vote Passed 10-0 Carried Unanimously 3.3 Restore NY8 Grant Application 4.General Order of Business/Special Topics Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: Restore NY8 was discussed and a member of the public Theresa Alt spoke on the subject. Timestamp 39:56 Moved By: Tiffany Kumar Seconded By: David Shapiro Motion Summary: A public hearing was held on Restore NY8. Timestamp 39:56 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Moved By: Kayla Matos Seconded By: Ducson Nguyen Motion Summary: Vote 10-0 Carried Unanimously 4.1 Proposed Zoning Amendment to Establish a Zoning Permit Process 4.2 Short-Term Rental Ordinance Member Approve Oppose Abstain Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: A Proposed Zoning Amendment to Establish a Zoning Permit Process was discussed. Megan Wilson Zoning Administrator spoke on the Zoning Permit Process. Timestamp 42:11 Moved By: Kayla Matos Seconded By: Ducson Nguyen Motion Summary: Timestamp 42:11 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: Council discussed Short Term Rental Ordinance Timestamp 46:29 Moved By: Patrick Kuehl Seconded By: Pierre Saint-Perez Motion Summary: Council wanted to discuss an amendment to and add a director to the ordinance was discussed. Motion to send to the May 1, 2024 consent agenda. 4.3 Encampments Updates 4.4 Restore NY8 5.Meeting Wrap-Up Timestamp 46:29 Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: DPW Director Mike Thorne spoke on the Encampment Updates. Timestamp 1:04:10 Discussion Summary: Restore NY8 discussed Timestamp 1:56:25 Moved By: Tiffany Kumar Seconded By: David Shapiro Motion Summary: Restore NY8 moved to May 1 Consent Agenda Vote Passed 10-0 Carried Unanimously Member Approve Oppose Recuse Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Discussion Summary: Meeting Adjourned Timestamp 2:05:00 Moved By: Pierre Saint-Perez Seconded By: Ducson Nguyen Motion Summary: Meeting adjourned Vote Passed 10-0 Carried Unanimously Member Approve Oppose Abstain Kayla Matos X Phoebe Brown X Ducson Nguyen X Kris Haines-Sharp X David Shapiro X Pierre Saint-Perez X Tiffany Kumar X Patrick Kuehl X Margaret Fabrizio X Robert Cantelmo X Date: Time: Location: Watch Online: Wednesday April 10, 2024 6:00 PM 108 E Green Street Council Chambers 3rd Floor https://www.youtube.com/@CityofIthacaPublicMeetings COMMON COUNCIL COW SPECIAL TOPICS WORK SESSION AGENDA- AMENDED 1.Call To Order 2.Review and Approval of Minutes 3.Public Hearing 3.1. 3.2. 3.3. 4.General Order of Business/Special Topics 4.1. 4.2. 4.3. 4.4. 5.Meeting Wrap-Up Reading of the Emergency Evacuation Plan 3-13-2024 Special Topics Meeting Minutes Proposed Zoning Amendment to Establish a Zoning Permit Process Proposed Short-Term Rental Ordinance Restore NY8 Grant Application Proposed Zoning Amendment to Establish a Zoning Permit Process Short-Term Rental Ordinance Encampments Updates Restore NY8 1. Announcements 2. Next Meeting 1 PUBLIC HEARING Comments MUST be limited to the subject of the Public Hearing. There will be NO Privilege of the floor , and Council will NOT be responding to the public's comments during the Public Hearing. Members of the public can provide short statements germane to the subject of the public hearing during this portion of the meeting. 3 minutes is the maximum time allotted per speaker, but the chair reserves the right to modify the amount of time per individual at the start of the meeting. Groups of 3 or More Speakers are allotted more speaking time. For Longer Speaking Time – Multiple Speakers can speak as a group with one Designated Speaker to represent the Group. This will give you more time to share your thoughts and concerns during the public hearing. 3-4 Persons with One Designated Speaker – Designated Speaker allotted 5 Minutes 5+ Persons with One Designated Speaker – Designated Speaker allotted 7 Minutes Can't Come To The Meeting But Still Want To Speak? Register To Speak Virtually-https://tinyurl.com/7ts9zmku Attending The Meeting To Speak In Person? Pre-Registration Not Required Comment Cards are provided to those who attend in person. Once you have filled out your Comment Card, please hand your card to the Clerk. Your name will be called to speak in the order the cards are received. Please Note Comment Cards will be accepted up until the meeting at which the public hearing takes place begins. Want To Submit A Comment and Not Speak In Person? To Submit Written Comments - https://tinyurl.com/mr9kdhw8 *Written comments submitted will be compiled and entered into the record. 2 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Megan Wilson Deputy Director of Planning DATE:April 10, 2024 RE:Proposed Zoning Amendment to Establish a Zoning Permit Process CP#: N/A MEMORANDUM Public Hearing to receive public feedback regarding "An Ordinance to Amend Chapter 325, “Zoning”, of the City Municipal Code to Replace Article VI, “Nonconforming Uses, Buildings, and Lots” and to Establish §325-41, “Zoning Permits" 3 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Megan Wilson DATE:April 10, 2024 RE:Proposed Short-Term Rental Ordinance CP#:N/A MEMORANDUM Public Hearing to receive public feedback regarding "An Ordinance Amending the City of Ithaca Municipal Code, Chapter 325, “Zoning” 4 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Nels Bohn DATE:April 10, 2024 RE:Restore NY8 Grant Application CP#:N/A MEMORANDUM Public Hearing to receive public feedback regarding Restore NY8 Communities Initiative Grant Application 5 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Megan Wilson DATE:April 10, 2024 RE:Proposed Zoning Amendment to Establish a Zoning Permit Process CP#: N/A MEMORANDUM "An Ordinance to Amend Chapter 325, “Zoning”, of the City Municipal Code to Replace Article VI, “Nonconforming Uses, Buildings, and Lots” and to Establish §325-41, “Zoning Permits”- Discussion 6 TO: Robert Cantelmo, Mayor Planning and Development Board Common Council Board of Zoning Appeals Deborah Mohlenhoff, City Manager Victor Kessler, Acting City Attorney Shaniqua Lewis, Deputy City Clerk Mike Thorne, Superintendent of Public Works Alan Karasin, Acting Director, Public Information & Technology City of Ithaca Department of Planning and Development Katie Borgella, Tompkins County Commissioner of Planning and Sustainability FROM: Megan Wilson, Deputy Director of Planning & Development DATE: March 27, 2024 RE: Proposed Zoning Amendment to Establish a Zoning Permit Process Common Council is considering an amendment to Chapter 325, Zoning, to create a zoning permit process that will streamline the approval of specific alterations that do not meet the requirements of the Zoning Ordinance. The Board of Zoning Appeals (BZA) currently reviews variance requests for alterations, additions, and new construction that are deficient in one or more zoning area requirement. These area requirements most often include yard setbacks, lot coverage by buildings, off-street parking, and location of accessory structures. The majority of these appeals involve properties that are already nonconforming to the City’s current zoning regulations, and a proposed alteration or addition results in the need for an area variance from the BZA. The process to obtain an area variance adds a minimum of 6 weeks to a building permit’s approval timeline and results in additional steps to an approval such as a mailed notification of neighbors, posting of the property, and presentation at a BZA meeting. Many property owners do choose to go through this process but many others are deterred by the requirements and do not move forward with their improvements. The appeal process is currently the same for all projects, ranging from construction of a new downtown building to the construction of code-compliant steps on a single-family home. While projects that do not meet zoning requirements warrant a higher level of review, Common Council is considering an abbreviated staff-level approval process for small projects that involve deficiencies of existing structures. Under New York State Law, only the City’s Board of Zoning Appeals has the authority to grant area and use variances. However, Common Council may determine what types of projects or deficiencies require an area variance and what types can be approved through a permit process. The proposed amendment would allow the Director of Planning and Development to consider the following deficiencies for approval by a zoning permit: 1. Lateral or vertical extension of an existing yard deficiency. 2. Setback deficiencies for replacement accessory structures under 500 SF. 3. Yard setback and/or lot coverage by building deficiencies resulting from accessibility improvements on nonconforming structures or uses. 4. New or exacerbated side or rear yard deficiencies where at least 50% of the yard is provided. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 7 5. Exacerbated lot coverage by buildings deficiencies where total lot coverage is increased by 5% or less over existing conditions. 6. New lot coverage by buildings deficiencies on existing structures where total lot coverage does not exceed the district maximum regulation by more than 5%. 7. Temporary area deficiencies that will remain for less than 30 days. The following deficiencies would remain subject to an area variance approved by the BZA: 1. Any deficiency created by the construction of a new primary structure 2. All off-street parking deficiencies 3. All telecommunication setback deficiencies 4. Lot area deficiencies resulting from an increase in residential units or occupants 5. Any deficiency referred to the BZA by staff As part of the creation of the zoning permit process, Article VI, Nonconforming Uses, Buildings, and Lots will be replaced in its entirety. The primary change in the new article is the identification of area deficiencies that may be subject to a zoning permit and those that will continue to require an area variance from the Board of Zoning Permit. The new article also reorganize the information in the current Article and will change the language to more clearly state the requirements for nonconforming uses, buildings, and properties. The Common Council will hold a public hearing and consider the proposed zoning amendments at its meeting on Wednesday, April 10, 2024. Your comments are respectfully required prior to that meeting. Please feel free to contact me at mwilson@cityofithaca.org with any questions. 8 1 An Ordinance to Amend Chapter 325, “Zoning”, of the City Municipal Code to Replace Article VI, “Nonconforming Uses, Buildings, and Lots” and to Establish §325-41, “Zoning Permits” WHEREAS, many of the properties within the City of Ithaca were constructed prior to the adoption of the City’s first zoning ordinance and others were constructed prior to subsequent amendments to the zoning ordinance, and WHEREAS, these properties often do not comply with all of the area requirements that were enacted after their construction and thus are considered nonconforming to the zoning ordinance, and WHEREAS, many of these nonconformities reflect the established character of the neighborhood and have limited or no impact on nearby properties, and WHEREAS, nonconforming properties are currently required to obtain area variance for nearly all zoning deficiencies, and this process adds a significant amount of time to approval requests for minor alterations, and WHEREAS, the City supports property investments and alterations that maintain existing structures, improve accessibility, and enhance the property owner’s use and enjoyment of the property, and WHEREAS, the creation of a zoning permit process for minor zoning nonconformities on existing structures would streamline the approval process of limited alterations for property owners while still ensuring that significant deficiencies and those involving new construction would receive full review by the Board of Zoning Appeals; now, therefore, be it ORDINANCE NO. 2024-XX BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. Article 1, General Provisions, Section 3, Definitions, of Chapter 325, Zoning, of the City of Ithaca Municipal Code is hereby amended to add the following definitions: DIRECTOR The Director of Planning and Development or designee ZONING PERMIT An authorization issued by the Director to permit the enlargement of a nonconforming structure which is used as permitted, and will continue to be used as permitted, in the district in which it is located, but does not comply with the minimum lot size; the maximum lot coverage by buildings; the maximum building height; and/or yard setbacks applicable in the district. 9 2 Section 1. Article VI, Nonconforming Uses, Buildings, and Lots of Chapter 325, Zoning, of the City of Ithaca Municipal Code is hereby repealed and shall be replaced in its entirety to read as follows: Article VI. Nonconforming Uses, Buildings, and Lots § 325-32. General Requirements. A. Any use, building or lot that was lawfully established prior to, and has been made nonconforming as of, the effective date or subsequent amendment of this chapter, may continue so long as the nonconformity remains otherwise lawful and complies with this section. Any rights conferred upon a nonconformity run with the property and are not affected by changes in tenancy or ownership. B. The burden of establishing the prior existence of a nonconformity is on the property owner or applicant. When applying for any permit or approval related to a nonconformity, the applicant may be required to submit evidence of a prior permit or other documentation showing that the nonconformity existed prior to the date on which it became nonconforming. C. When the boundaries of a district are changed to transfer a lot from one district to another district with different regulations, or when the use or area regulations of a district are changed, the provisions of this article shall apply to any nonconforming uses or structures created. § 325-33. Nonconforming Uses. A. A nonconforming use may not be expanded in area or increased in intensity, except by means of a use variance granted by the Board of Zoning Appeals. B. The structure containing the nonconforming use may be altered only if the alterations constitute ordinary repairs or maintenance or are designed to eliminate a nonconformity. C. A nonconforming use may only be changed to a use permitted in the district in which it is located. Once changed to a conforming use, no building or lot shall be permitted to revert to a nonconforming use. 1) A change of use is deemed to occur when an existing nonconforming use has been terminated and another use has commenced. D. Should the nonconforming use cease to operate for a period of 12 successive months or more shall terminate the right to operate the nonconforming use. E. When a structure containing a nonconforming use is damaged or destroyed by fire or other cause of damage that is not within the control of the owner, the nonconforming use may be reestablished provided that no new nonconformities are created and the previous nonconformity is not exacerbated. A building permit for repairs or 10 3 reconstruction must be granted within one year of the date of damage or destruction. In the event that a building permit is not obtained within one year of said date, the nonconforming use may not be reestablished. § 325-34. Nonconforming Buildings and Lots. A. A nonconforming building or structure may be altered in the following circumstances: 1) The alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official of the City of Ithaca. 2) The alteration constitutes routine repair or maintenance or is designed to eliminate a nonconformity. 3) The alteration conforms to the provisions of this chapter and does not exacerbate the existing deficiency or create a new nonconformity. 4) The alteration exacerbates an existing deficiency or creates a new nonconformity and has been granted a Zoning Permit by the Director of Planning and Development or an area variance by the Board of Zoning Appeals. B. When a nonconforming building or structure that is used in its entirety for a conforming use is damaged by fire or other cause of damage that is not within the control of the owner, it may be rebuilt or reconstructed to its previous condition. A building permit for repairs or reconstruction must be granted within one year of the date of damage or destruction. In the event that a building permit is not obtained within one year of said date, the structure must be repaired or rebuilt in conformance with all applicable requirements of this chapter. § 325-35. Zoning Permit and Variance Eligibility. A. The Director may issue a Zoning Permit for specific deficiencies on existing nonconforming buildings, structures, or lots. Zoning Permits shall be available for the following area deficiencies: 1) Lateral or vertical extension of an existing yard deficiency. 2) Setback deficiencies for replacement accessory structures under 500 SF. 3) Yard setback and/or lot coverage by building deficiencies resulting from accessibility improvements on nonconforming structures or uses. 4) New or exacerbated side or rear yard deficiencies where at least 50% of the yard is provided. 5) Exacerbated lot coverage by buildings deficiencies where total lot coverage is increased by 5% or less over existing conditions. 6) New lot coverage by buildings deficiencies on existing structures where total lot coverage does not exceed the district maximum regulation by more than 5%. 7) Temporary area deficiencies that will remain for less than 30 days. 11 4 B. The Board of Zoning Appeals must review area variance requests for the following area deficiencies: 1) Any deficiency created by the construction of a new primary structure. 2) Off-street parking deficiencies. 3) Telecommunication setback deficiencies. 4) Lot area deficiencies resulting from an increase in residential units or occupants. 5) Any deficiency not specifically listed in § 325-35A above. 6) Any deficiency referred to the BZA by the Director. Section 3. Article VII, Administration and Enforcement, of Chapter 325, Zoning, of the City of Ithaca Municipal Code is hereby amended to add § 325-41, Zoning Permits, to read as follows: § 325-41. Zoning Permits A. Applicability. This section shall apply to specific area deficiencies on existing buildings, structures, and lots, as noted in § 325-35A. All other nonconformities are subject to a variance from the Board of Zoning Appeals, as described in § 325-40. B. Criteria for Approval. The Director of Planning and Development shall grant the zoning permit if the proposal meets the following criteria: 1) The location and size of the structure and its relationship to the lot and public right of way shall be such that the property will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof. 2) Use of the structure or lot in connection with the proposal shall not be significantly more impactful to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights other than the operation of the existing nonconforming structure. 3) The proposed work shall have no negative impacts on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community. C. Application Process. 1) Applicants shall submit a completed zoning review application on a form approved by the Director, along with all additional materials required by the Director. Such materials shall include but not be limited to: a. Narrative description of the proposed work. b. Site plan showing the location of existing buildings, proposed work, and dimensions of all yards. c. Permit fee, as set and revised from time to time by the Director. 12 5 2) The Director shall review the submitted application for completeness and communicate with the applicant regarding any additional information that is needed to complete the application. The Director continues to retain the right to request further information from the applicant and may deny an application or refer it to the Board of Zoning Appeals for failure to provide such requested information or for any other reason. 3) Once the application is deemed complete, the Director shall confirm that the application meets the requirements for a zoning permit, as set forth in § 325-35A. If the application does not meet the requirements for a zoning permit, the applicant may apply for an area variance pursuant to § 325-40. 4) Within 5 days from confirmation of a complete application, the Director shall notify the Council members in whose ward the lot under consideration is located with the details of the application. The Director shall also forward the same notification to relevant City staff. Council members and City staff shall be allowed 5 days to comment on the application before a decision is rendered by the Director. 5) The Director shall issue a written decision on a complete application within 20 calendar days of the expiration of the comment period. 6) The Director may impose conditions on the zoning permit to mitigate any potential adverse impacts on neighboring properties. If adverse impacts cannot be mitigated by such conditions, the zoning permit shall be denied. D. Referral to the Board of Zoning Appeals. At any point prior to issuing a decision on an application for a zoning permit, the Director may determine that the application should be decided by the Board of Zoning Appeals, in which case the application shall be referred to the Board of Zoning Appeals for consideration of an area variance, pursuant to § 325- 40. Notice of such referral shall be communicated to the applicant in writing along with any additional requirements to apply for an area variance. E. Expiration of a Zoning Permit; Renewals. Any zoning permit granted by the Director which enables an applicant to do construction requiring a building permit, for which the applicant has not obtained a building permit or, has not substantially completed construction pursuant thereto within two years, shall be void. The applicant may submit a request to extend the zoning permit for a period of an additional two years, provided that the request is made in writing to the Director prior to the expiration of the original permit. A zoning permit may only be renewed one time for a period of two years. F. Revocation. The Director shall revoke a zoning permit issued hereunder should the applicant violate any provision of this chapter or any condition imposed upon the issuance of the zoning permit by the Director. 13 6 G. Appeals. Any person aggrieved by any decision of the Director regarding a zoning permit may appeal such decision to the Board of Zoning Appeals, pursuant to § 325-37. Any person aggrieved by any decision of the Board of Zoning Appeals regarding a zoning permit may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules. Section 4. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 14 Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Telephone: E-Mail: administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES If Yes, list agency(s) name and permit or approval: b.Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 15 Page 2 of 3 a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local ag ency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 16 Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 17 Page 1 of 2 Agency Use Only [If applicable] Project Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur SEAF 2019 18 Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: 19 Common Council Draft Resolution 4/2/24 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Replace Article VI, “Nonconforming Uses, Buildings, and Lots”and to Establish §325-41, “Zoning Permits” - Declaration of Lead Agency WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to provide replace Article VI and establish a zoning permit procedure. 20 Common Council Draft Resolution 4/2/24 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Replace Article VI, “Nonconforming Uses, Buildings, and Lots” and to Establish §325-41, “Zoning Permits” - Declaration of Environmental Significance WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to replace Article VI, “Nonconforming Uses, Buildings, and Lots” in its entirety and to add §325-41, “Zoning Permits” to establish a procedure to allow staff-level approval of specific area deficiencies on existing structures, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated March 25, 2024, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated March 25, 2024, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. 21 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Megan Wilson DATE:April 10, 2024 RE:Short-Term Rental Ordinance CP#:N/A MEMORANDUM "An Ordinance Amending the City of Ithaca Municipal Code, Chapter 325, “Zoning”- Discussion 22 Date: March 27, 2024 To: Robert Cantelmo, Mayor Planning and Development Board Common Council Board of Zoning Appeals Deborah Mohlenhoff, City Manager Victor Kessler, Acting City Attorney Shaniqua Lewis, Deputy City Clerk Mike Thorne, Superintendent of Public Works Alan Karasin, Acting Director, Public Information & Technology City of Ithaca Department of Planning and Development Katie Borgella, Tompkins County Commissioner of Planning and Sustainability From: Maura Baldiga, Temporary Planner; Megan Wilson, Deputy Director of Planning & Development RE: Short-Term Rental Ordinance Public Hearing EXECUTIVE SUMMARY The City of Ithaca is considering a short-term rental ordinance which would regulate the use of residential units as rentals for less than 30 days. A public hearing will be held to hear input on the proposed ordinance on April 10, 2024. The proposed ordinance specifically addresses the established policy objectives of housing preservation and affordability and will be feasible to implement and monitor. KEY ISSUES IDENTIFIED/OBJECTIVES The Planning and Economic Development Committee previously agreed to the following objectives for the City’s short-term rental ordinance: -Preserve housing affordability in the long-term rental and homeownership markets -Allow residents to generate additional income from their primary residences -Balance the possible positive and negative impacts of short-term rentals o Positive: Increase peak supply of lodging and meet seasonal demands o Negative: Health and safety concerns, lack of compliance with City’s room tax law, neighborhood impacts PROJECT HISTORY, BACKGROUND, & ANALYSIS Staff explored multiple approaches to short-term rentals during the development of the current ordinance. For links to background information and research, see the City’s Short-Term Rental Resources Page. Staff considered the experiences of other municipalities, consultation with a short-term rental policy expert, and community feedback. Staff found that, 1. There is support for regulation of short-term rentals in the City of Ithaca, 2. The previous proposal was not feasible to monitor and was very complex, and, CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 23 3. Other approaches did not meet the primary policy objectives of preserving housing in the long-term and homeownership market and supporting residences in earning additional income from their primary residence. Based on public outreach and other feedback, the proposed ordinance is simpler, more effective at addressing the policy objectives, and feasible to fully implement. Proposed Ordinance 1. Permits would only be issued to a primary resident of the property. Permits cannot be issued to LLCs, corporations, or trusts. 2. Short-term rentals are allowed in any single- and two-family dwelling units. 3. Short-term rentals are allowed in any owner-occupied dwelling units within a multiple dwelling or mixed-use building. The proposed ordinance does not allow non-primary residences to be used as short-term rentals. This is based on the determination that limiting short-term rentals by season or by a specific number of days per year would be difficult to enforce and that this type of short-term rental does not meet the City’s two primary short-term rental objectives. NEXT STEPS Common Council will consider the proposed ordinance and hold a public hearing at its meeting on April 10, 2024. Your comments are respectfully requested prior to this date. If you have any questions, please reach out to Maura Baldiga or Megan Wilson at (607) 274-6550. 24 An Ordinance Amending the City of Ithaca Municipal Code, Chapter 325, “Zoning” WHEREAS, the City of Ithaca Common Council recognizes that the presence of full-time short-term rentals decrease the housing supply available for homeownership and long- term rentals, and WHEREAS, the Common Council also recognizes that hosting short-term rentals provides residents with a source of additional income to defray their cost of living, and WHEREAS, after discussion and research by staff, Common Council established the following objectives for the short-term rental ordinance - Preserve housing affordability in the long-term rental and homeownership markets - Allow residents to generate additional income from their primary residences - Balance the positive impacts of short-term rentals (increased supply of lodging, especially during peak demand periods) with potential negative impacts (health and safety concerns for those staying in short-term rentals; impacts on neighbors due to noise, traffic, trash), and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapter 325 of the Ithaca City Code to meet the above objectives; now, therefore ORDINANCE NO. 2024-XX BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 3(B) of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby amended to add the following definitions: HOST Any owner or long-term leaseholder of a property who offers a short-term rental. LONG-TERM RENTAL A dwelling unit that is offered for rent in whole or in part for 30 or more consecutive days. PRIMARY RESIDENCE A dwelling unit where the owner or long-term leaseholder resides for a minimum of 184 days per calendar year. SHORT-TERM RENTAL A dwelling unit that is offered for rent in whole or in part for less than 30 days. Section 2. A new section (Chapter 352, Section 27) entitled “Short-Term Rentals”, is hereby added to the Municipal Code of the City of Ithaca, to read as follows: 25 § 325-27.1 Title. This section shall be known as and may be cited as the “Short-Term Rental Ordinance.” § 325-27.2 Purpose and Intent. The intent of the policy is to regulate short-term rentals in the City of Ithaca in order to: A. Preserve housing affordability and availability in the long-term rental and homeownership markets. B. Permit owners and long-term leaseholders to generate additional income from their properties. C. Protect the health and safety of guests staying in short-term rentals. D. Increase lodging supply during peak demand periods. E. Ensure compliance with the City’s hotel occupancy tax. F. Reduce the negative impacts of short-term rentals on neighbors. § 325.27.3 Applicability. This section applies to all short-term rentals offered and/or placed under contract within the City of Ithaca on or after the effective date of this ordinance. Notwithstanding the foregoing, any short-term rental stay already under contract prior to the effective date of this ordinance shall not require an operating permit. § 325.27.4 Short-Term Rental Regulations. A. Short-term rentals are permitted only in zones in which residential uses are allowed. B. Short-term rentals are only permitted in: 1. Single-family dwelling units 2. Two-family dwelling units 3. Any owner-occupied dwelling unit within a multiple dwelling or mixed-use building C. Prior to offering a short-term rental, every host is required to hold a valid short-term rental operating permit issued by the Director of Planning and Development. Each short-term rental operating permit shall identify all of the host’s units on the property authorized for use as a short-term rental. D. A short-term rental operating permit may only be issued for a property that is the primary residence of the host. E. Only natural persons shall be eligible to receive a short-term rental operating permit. Corporations, limited liability companies, trusts, and other such entities are prohibited from offering short-term rentals, serving as hosts, and/or receiving a short-term rental operating permit. F. A host who is not an owner of the property to be offered as a short- term rental must provide written authorization from the property owner as part of each application or renewal for a short-term rental operating permit. 26 G. There shall be no limit on the number of days for which a dwelling unit may be offered or rented for short-term rentals pursuant to a valid short-term rental operating permit, provided that the host(s) maintain their primary residence on the property. H. It shall be a violation to rent, offer, or advertise a short-term rental without a valid short-term rental operating permit. § 325.27.5 Permit Application Process. A. Hosts must submit a completed short-term rental operating permit application on a form approved by the Director of Planning and Development, along with all additional materials required by the Director. Such additional materials may include, but shall not be limited to: 1. Proof of primary residency 2. Owner’s Authorization, if applicable 3. A permit fee as set and revised from time to time by the Director. B. The Director of Planning and Development shall review the application and confirm that it meets the requirements set forth in § 325.27.4. Upon completion of this review, including verification of a valid certificate of compliance, the Director shall issue the short-term operating permit for a period of one (1) year. C. Short-term rental operating permits are nontransferable and valid only for the dwelling unit(s) and host(s) for which they are issued. D. Upon expiration of a short-term rental operating permit, the host shall be required to apply to renew the short-term rental operating permit prior to offering further short-term rentals at the property. E. An application to renew a short-term rental operating permit may be submitted and approved prior to the expiration of an in-force short-term rental operating permit. § 325.27.6 Operational Requirements. A. A valid certificate of compliance must be maintained for the rental period covered by the short-term operating permit. B. All required City and County hotel occupancy taxes must be remitted as required by Chapter 105, Room Occupancy Tax, of the City of Ithaca Municipal Code. C. Occupancy of a short-term rental shall never exceed the maximum occupancy stated on the certificate of compliance. D. Hosts must post the following information in the main entryway of each dwelling unit used as a short-term rental: 1. Copy of the short-term rental operating permit. 2. Copy of the certificate of compliance, which states maximum occupancy of the unit. 3. Emergency contact information including police, fire, and poison control, as well as the property’s full physical address. E. Hosts must include their short-term rental operating permit number in all short-term rental listings. 27 § 325.27.7 Revocation of Permit. Failure to meet any requirement of the Short-Term Rental Ordinance shall result in the immediate revocation of the short-term rental operating permit. Any host that fails to meet any requirement of this Short-Term Rental Ordinance shall be ineligible to apply for a short-term rental operating permit for a period of 3 years from the date of the revocation. § 325-27.8 Permit Renewals. A. Hosts must apply to renew their short-term rental operating permit each year by submitting a completed renewal application and all requested documentation to the Department of Planning and Development. B. If the host’s certificate of compliance remains valid, the host must submit an Affidavit of Compliance stating that the short-term rental units continue to meet the conditions of approval. If the certificate of compliance has expired, a new certificate of compliance must be issued before the permit is renewed. C. Hosts must be current on all required occupancy taxes before their permits are renewed. § 325-27.9 Penalties and Appeals. A. If a property or host is found to be in violation of any provision of this section, the owner of the property and/or the host shall be strictly liable of the offense and shall be subject to the penalties provided in Section 325-47, Penalties, of the Municipal Code of the City of Ithaca. B. In addition to any penalty imposed by a court of competent jurisdiction, a host found to be in violation of any provision of this Short-Term Rental Ordinance shall be ineligible to apply for a short-term rental operating permit for a period of 3 years from the date of conviction. C. Any person aggrieved by any decision of the Director pursuant to the provisions of this section may appeal such decision to the Board of Zoning Appeals, as provided in Section 325-37 of the Municipal Code of the City of Ithaca. This appeals process shall not apply to prosecutions or other legal proceedings brought in the name of the City or the People to enforce the provisions of this section. Section 3. Severability. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 28 Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Telephone: E-Mail: administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES If Yes, list agency(s) name and permit or approval: b.Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□ Forest Agriculture □ Parkland SEAF 2019 29 Page 2 of 3 a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES If Yes, identify: ________________________________________________________________________________ NO YES 8.a. Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local ag ency? b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 30 Page 3 of 3 14.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: □Shoreline □ Forest Agricultural/grasslands Early mid-successional Wetland □ Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ NO YES 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 31 Page 1 of 2 Agency Use Only [If applicable] Project Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur SEAF 2019 32 Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: 33 Common Council Draft Resolution 4/2/24 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Provide Regulations for Short-Term Rentals - Declaration of Lead Agency WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to provide regulations for short-term rentals. 34 Common Council Draft Resolution 4/2/24 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Provide Regulations for Short-Term Rentals - - Declaration of Environmental Significance WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to add definitions to §325-3, “Definitions” and add §325-27, “Short-Term Rentals” to provide regulations of short-term rentals in the city, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated March 25, 2024, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated March 25, 2024, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. 35 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 City Manager's Office Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Deb Mohlenhoff City Manager DATE:April 10, 2024 RE:Encampments Updates CP#:N/A MEMORANDUM Update from City Manager Deb Mohlenhoff 36 M E M O R A N D U M Date: April 5, 2024 To: Common Council From: Deborah Mohlenhoﬀ, City Manager Mike Thorne, Superintendent of Public Works Lisa Nicholas, Director of Planning & Development Nels Bohn, Director of Community Development, IURA RE: Opera�onalizing the Encampment Response Protocol and Sanc�oned Area Management EXECUTIVE SUMMARY On December 6, 2023, Council passed the framework for an encampment response protocol with the following direc�ve to the City Manager to develop: 1. a proposed operational plan, including budgetary impacts, to implement the Response Protocol as soon as practicable, with consideration given to the April 15th expiration of the "code blue" policy providing shelter during inclement winter weather, and 2. recommended amendments to incorporate a response protocol into the Pilot Administrative Policy to Manage Homeless Encampments on City Property. An internal Encampment Response Team was created to work on an opera�onal plan. We began mee�ng in January to review the framework from Council and iden�fy resources needed to implement a plan. Please ﬁnd atached to this memo a dra� opera�onal plan for a response protocol. The team consists of representa�ves from the Ithaca Fire Department, Ithaca Police Department, Department of Public Works, Atorney’s Oﬃce, Planning Division, Ithaca Youth Bureau, and the City Manager. The plan will be implemented in two phases. Phase 1 will immediately establish a consistent response protocol for both Ac�vely Managed and Emergency/Hazardous loca�ons. Phase 2, Lightly Managed loca�ons, will be implemented once addi�onal resources are established. Please see the atached dra� protocol. 37 PROJECT HISTORY, BACKGROUND, & ANALYSIS Common Council was provided with a brieﬁng memo on the history of prior eﬀorts on this issue in January of 2024. You can read that document here: Sanc�oned Encampments.docx Managing public spaces such as roads, bridges, parks and other City owned land, requires balancing all human interests, including those of individuals experiencing homelessness and the public at large. The City of Ithaca will provide a coordinated, cross-departmental response to encampments that priori�zes the health and safety of all community members and strives to preserve human dignity and respect. Staﬀ will priori�ze loca�ons for cleanup and closure based on their immediate threat to public health and safety. Currently, Tompkins County does not have enough emergency housing units for everyone experiencing homelessness. When an encampment is closed and individuals do not have a place to go, they will o�en move to another loca�on, some�mes in areas that are more diﬃcult to reach. Individuals will some�mes also return to previously closed encampment. Un�l more emergency housing is available, our community will con�nue to experience encampments. The purpose of this policy is to provide a protocol for responding to these encampments while we work with our partners in the community and at the County to address housing supply and other underlying issues. Values Driving the City’s Response Protocol The following are priori�es regardless of the loca�on of the encampment: City staﬀ will: • Communicate with encampment residents on the �ming and implica�ons of the scheduled removal, seeking transla�on or other means of communica�on when needed • Avoid loss of ID and other cri�cal documents through storage or other means Community Partners will: • Check for previous referrals to housing, housing status, and help residents make connec�ons to available services • Connect residents to shelter resources • Discuss alterna�ves to shelter (i.e. family, friends) and advise on transport op�ons • Discuss storage needs and op�ons where they exist As the City has limited resources and no dedicated staﬃng, funding, or programma�c resources to provide suppor�ve services to individuals experiencing homelessness, staﬀ recommends that the City creates and hires for an Encampment Response Coordinator to implement the response protocol, coordinate between relevant departments, manage encampments within the City, and coordinate with our community and County partners to connect encampment residents with appropriate suppor�ve services. The City is not the only municipality to address the issues arising from balancing the needs of the unhoused popula�on against the needs of the public. As we have examined how other governments have responded to similar situa�ons, the following statement summarizes the City’s approach to this issue: 38 “Ending the homelessness crisis will require a coordinated regional vision backed by intense one-on-one engagement and more investment in shelter and housing. However, there are �mes when a more intensive focus on speciﬁc encampments is warranted. This includes scenarios when there are signiﬁcant health and safety concerns for those at the encampment, or areas being closed oﬀ and crea�ng displacement. Un�l we have more housing, we need to priori�ze strategies addressing unsheltered homelessness that are humane, invest limited resources wisely, and address the root causes of the homelessness crisis, rather than perpetuate a broken cycle and move people around at great cost to taxpayers without actually reducing homelessness.” - Quoted from the Santa Barbara, CA response protocol KEY ISSUES IDENTIFIED -State and county legal requirements regarding camping and campgrounds constrain the City’s prac�cal ability to manage the nonenforcement area located on City property. Link to County’s Sanita�on Code: htps://ecode360.com/documents/TO1768/TO1768-S.pdf Link to State Campground Regula�ons: htps://regs.health.ny.gov/content/subpart-7-3-campgrounds -The City requires a dedicated staﬀ person who with the appropriate mandate and resources to coordinate encampment eﬀorts. -The County does not have enough shelter space or housing to accommodate those who are asked to relocate. KEYS TO SUCCESS: • Effective balance of engagement and enforcement • Address barriers to housing as an intentional part of the process • Effective coordination and communication among participating staff, County, and community partners • Increase housing supply and expand shelter services We are recommending that the City implement the Encampment Response Protocol in two phases as follows: PHASE 1 - FOR ACTIVELY MANAGED PROPERTY: This phase will be implemented immediately. Phase 1 provides guidance to City staﬀ for encampments located in spaces that have dedicated staﬀ to maintain, patrol, and keep the site clean. Ac�vely managed City lands include parks, public access corridors within natural areas, parking garages, grounds around City-owned buildings, The Commons, the Cayuga Waterfront Trail, the golf course, street rights-of-way, and water & sewer facili�es. When an encampment is reported in an ac�vely managed area, staﬀ will post the site with a ‘24 hour no�ce to vacate.’ Staﬀ will return to the site the following day to remove items, store any iden�ﬁed personal property items, and clean up any refuse. Outreach workers will also be no�ﬁed to help provide access to shelter, housing, and support services. PHASE 1 – EMERGENCY/HAZARDOUS PROPERTY: This phase will be implemented immediately. The City reserves the right to seek immediate closure and/or removal of any campsite on any City property if the encampment creates an emergency condi�on or public safety hazard. Moreover, in certain circumstances, the City may be subject to no�ces of viola�on from other 39 governmental en��es that require immediate remedia�on of iden�ﬁed sites. When an encampment is determined to pose a public health or safety hazard, staﬀ will post the site with an ‘immediate hazard no�ce’ iden�fying the clean-up date. Staﬀ will then will return to the site at the posted �me to remove items, store any iden�ﬁed personal property items, and clean up any refuse. Outreach workers will also be no�ﬁed to help provide access to shelter, housing, and support services. PHASE 2 - FOR LIGHTLY MANAGED PROPERTY: This phase will be implemented once addi�onal resources are developed, including hiring an Encampment Response Coordinator, implemen�ng the Mobile Support Services program, and iden�fying other key County and community partner resources. When these resources are established, the City will priori�ze site visits based on impact of par�cular encampments, which will be determined based on a combina�on of factors including but not limited to: • Amount of uncontained debris • Extent to which the encampment poses health or safety risks • Extent of uncontained debris • Proximity to a private residence or entrance of a retail/hospitality business • Proximity to parks, recreation areas, and public use trails • Environmental impact on natural resources and/or presence of hazardous materials • Evidence of conspicuous illegal activity • Obstruction of construction or maintenance activities BUDGET IMPLICATIONS & FUNDING Encampment Response Coordinator (part-�me) To eﬀec�vely implement the protocol as well as coordinate the various outside agencies that need to be involved in the management of the City’s encampments, the City requires a staﬀ member who is solely responsible for this work. The City funded $40,000 for a part-�me posi�on. The posi�on will be responsible for: • Developing and coordinating a working group of representatives from city departments who will manage and implement the encampment response protocols • Maintaining data and statistics on the City’s reported encampments • Providing a presence and monitoring encampments throughout the City • Coordinating with County and community partners 40 Deputy City Manager The overarching goal of the Deputy City Manager will be to ensure the safety and well-being of City residents and to foster a strong sense of community. When this posi�on is established, development and oversight of the city’s encampment response policies will be housed with this posi�on and the Encampment Response Coordinator will report to this person. Other funds Council funded $250,000 across two budget cycles. A por�on has already been used for clean-up. Remaining funds have been set aside for ongoing clean-up opera�ons, addressing iden�ﬁed needs in nonenforcement areas, and contribu�ng to county ini�a�ves to address the underlying issues driving houselessness. NEXT STEPS -Develop a city website with a comprehensive list of services available and all documents related to the policy as well as informa�on about how to report an encampment -Aggressively pursue plans to develop a low-barrier shelter with day services in partnership with the County -Finalize job descrip�on for the Encampment Response Coordinator and Deputy City Manager and commence hiring for both posi�ons -Determine what is possible to implement at sanc�oned area, and iden�fy alterna�ve loca�ons for services as needed 41 DRAFT CITY OF ITHACA ENCAMPMENT RESPONSE PROTOCOL OPERATIONAL PLAN DRAFT INITIAL NOTIFICATION The City is made aware of an encampment. Notice of a possible encampment location is received by the City or a community partner. This may be provided by City staff in their regular duties, through a community partner in their regular duties, or from a member of Common Council or the public. There also may be a submission to the SeeClickFix system. The notification will be sent to the City’s Encampment Response Coordinator via email as soon as it is received. Whenever possible the e-mail should include the exact location and a description of the site (i.e. number of individuals or tents, visible items, etc.) Action Who Notes/Details Determine if the encampment is located on: -lightly managed City Property -actively managed City Property -not on City Property Encampment Response Coordinator Follow the corresponding protocol. LIGHTLY MANAGED CITY PROPERTY PROTOCOL Definition of Lightly Managed: lack dedicated staff to patrol and manage; property does not have a specified public use. Action Who Notes/Details STEP 1 REPORT & REFER: Report encampment to community partners, including Continuum of Care (CoC) and Mobile Support Services Encampment Response Coordinator -Request community partner(s) to conduct a site visit -Inquire if encampment is known already to partners and if previous contact was made -Explore collaboration with a community partner to develop an individualized relocation plan to access shelter or housing, including specific progress milestones STEP 2 FIRST NOTIFICATION: -If camper(s) present, notify camper(s) verbally of camping prohibition and request compliance. Provide information on supportive services and authorized location(s). Offer voluntary relocation assistance. Offer connection to other supportive services or attempt to schedule Encampment Response Coordinator with Community Partner Staff Document site with photo. POST SITE WITH THIS SIGN: Notice of Non Authorized Camping Location.pdf 42 with partner agency. Post with first notice sign. -If camper(s) not present, post site with notice and leave flyer with supportive services information. STEP 3 SECOND NOTIFICATION: -If camper(s) present, identify this as the second visit to provide notification that the encampment is prohibited at this site; notify camper verbally and in writing of the city policy and request a timeline for compliance. Post “no camping – 2nd warning” sign. Re-notify camper of location of temporary nonenforcement area. Re-offer voluntary relocation services. Notify camper of the next planned site visit and next steps in the City policy. -If camper(s) not present, post site with second notice and leave flyer with supportive services information. Encampment Response Coordinator with Community Partner Staff Document site with a photo. POST SITE WITH THIS SIGN: Second Notice of Non Authorized Camping Location.pdf STEP 4 FINAL WARNING: -If camper present, identify this as the third visit and final warning to seek relocation; notify camper that failure to comply will result in a final visit that may include outreach workers, first responders, law enforcement personnel, and DPW staff with trucks and equipment to facilitate removal of unauthorized property from City land. Re-notify camper of location of temporary nonenforcement area. Re-offer voluntary relocation services. -Post “notice to vacate” sign that this encampment will be removed by City staff on XX/XX/XXXX (insert date). Encampment Response Coordinator with Community Partner Staff Deputy City Manager Document site with a photo. POST SITE WITH THIS SIGN: Notice of Removal Posting.pdf Consult with community partner(s) and Deputy City Manager to determine appropriate time before removal. 24, 48, 72, or 96 hours can be considered based on the circumstances. 24 – if the site appears to have been abandoned and not occupied with campers 48 – if some contact had been made with campers 72 or 96 – if campers had previously conveyed a desire to voluntarily relocate and/or known housing available and/or have arrangement with community partners to help move items to storage, etc. 43 -If camper(s) not present, post site with notice of removal. STEP 5 ENCAMPMENT PROPERTY REMOVAL: -If camper present, identify this as the fourth and final site visit to bring the site into compliance. Seek voluntary compliance with relocation. Remove tangible property for disposal. -The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small personal items. Encampment Response Coordinator with Community Partner Staff DPW staff If needed, law enforcement Document items for storage with photographs. POST SITE WITH THIS SIGN: Retrieve Belongings Posting.pdf STEP 6 POST-REMOVAL: -Remediate location to original condition; add fencing or pursue other remediation strategies as needed -Ensure that Notice of Property Retrieval is still in place DPW staff Leave Retrieve Belongings notice in place for at least two weeks. NOTE: At any step in this process, law enforcement will be contacted immediately if there are safety concerns for site residents, staff, community partner representatives, or the public. ACTIVELY MANAGED CITY PROPERTY PROTOCOL Definition of Actively Managed: location has dedicated staff on weekdays and weekends to maintain, patrol , and keep the site clean. Actively managed City lands include parks, public access corridors within natural areas, parking garages, grounds around City-owned buildings, The Commons, the Cayuga Waterfront Trail, the golf course, street rights-of-way, and water & sewer facilities. Action Who Notes/Details STEP 1 REPORT & REFER: Report encampment to community partners, including Continuum of Care (CoC) and Mobile Support Services Encampment Response Coordinator -Request community partner(s) to conduct a site visit & develop an individualized relocation plan to shelter or housing -Inquire if encampment is known to partners and if previous contact was made 44 STEP 2 POST NOTICE TO VACATE: -If camper(s) present, notify camper(s) verbally of camping prohibition and request compliance. Provide information on supportive services and location of temproary nonenforcement area. Offer voluntary relocation assistance. Offer connection to other supportive services or attempt to schedule with partner agency. -Post 24-hr “notice to vacate” sign that this encampment will be removed by City staff on XX/XX/XXXX (insert date). -If camper(s) not present, post site with notice of removal. Document site with a photo. POST SITE WITH THIS SIGN: Notice of Removal Posting.pdf STEP 3 ENCAMPMENT PROPERTY REMOVAL: -If camper present, identify this as the final site visit to bring the site into compliance. Seek voluntary compliance with relocation. Remove tangible property for disposal. -The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small personal items. Encampment Response Coordinator with Community Partner Staff DPW staff If needed, law enforcement Document items for storage with photographs. POST SITE WITH THIS SIGN: Retrieve Belongings Posting.pdf STEP 6 POST-REMOVAL: -Remediate location to original condition; add fencing or pursue other remediation strategies as needed -Ensure that Notice of Property Retrieval is still in place DPW staff Leave Retrieve Belongings notice in place for at least 24 hours. NOTE: At any step in this process, law enforcement will be contacted immediately if there are immediate safety concerns for site residents, staff, community partner representatives, or the public. 45 NON-CITY PROPERTY PROTOCOL Action Who Notes/Details STEP 1 REPORT & REFER: Document encampment on City database and notify Ithaca Police Department Encampment Response Coordinator -Inquire if encampment is known to partners and if previous contact was made STEP 2 PROCESS AS TRESPASSING: Private property encampments will be treated as a trespassing call and will follow standard protocol Ithaca Police Department -IPD will attempt to contact property owner as part of standard trespass protocol RESPONSE DUE TO EMERGENCY OR HAZARDS This response is reserved for sites identified which pose significant public health and safety hazards, or otherwise require an emergency response. Action Who Notes/Details STEP 1 REPORT & REFER: Document encampment on City database Encampment Response Coordinator -Inquire if encampment is known already to partners and if previous contact was made -If notice from non-City government body, coordinate City clean-up efforts and work to develop a clean-up plan when requested by the agency serving a notice of violation STEP 2 PROCESS AS EMERGENCY: The City reserves the right to seek immediate closure and/or removal of any encampment on City property in the event of an emergency condition, public safety hazard, or public space obstruction. Ithaca Police Department and/or DPW Staff POST SITE WITH THIS SIGN: Immediate Notice of Removal Posting.pdf NOTE: At any step in this process, law enforcement will be contacted immediately if there are safety concerns for site residents, staff, community partner representatives, or the public. 46 Encampment Response Team Contact Information: [Do we want to identify contact information for people who are supporting the protocol ?] Role & Responsibilities: [need to further define roles] Deputy City Manager for Public Safety Oversight of City’s encampment and homeless support policies and responses. Encampment Response Coordinator Manage encampments within the City and coordinate connections to supportive services Ithaca Fire Department Respond as needed to specific calls for service in the encampment area. Ithaca Police Department Respond and investigate alleged crimes committed at encampments consistent with laws and policies that govern other criminal investigations, irrespective of location or whether the victim or suspect is sheltered or unsheltered; provide additional support as needed consistent with protocol. Department of Public Works Post notices to vacate, assist with removal and storage of personal items, clean area , and remove trash and debris. Planning & Development Department Assist with identification of City property classification and location category. Identified Community Partners - TBA 47 Page 1 of 3 9/21/23 City of Ithaca Pilot Administrative Policy to Manage Homeless Encampments on City Property – Adopted by Common Council on September 20, 2023 1. Statement of Problem Like many communities around the nation, the City of Ithaca and Tompkins County are facing crisis levels for individuals experiencing homelessness. During the winter of 2022-23, a record number of people, up to 240 on some nights, received emergency cold-weather shelter. A growing number of unauthorized campsites on public properties in the City poses safety and health concerns for people living in and around them, and create challenges related to human waste, garbage, exposure to communicable diseases, exposure to violence and other human health concerns. 2. Guiding Principles • Homelessness is not a crime. • Treat persons experiencing homelessness as community residents who deserve respect, dignity and compassion. • Ensure that any necessary relocation intervention is accompanied by an option for shelter, housing, and/or a relocation site • Acknowledge that the City is limited in supportive services and must partner with other organizations to create a safe, sanitary, and supportive camping environment for those experiencing homelessness 3. Purpose Manage City properties in a way that: • Provides a location where camping is temporarily allowed on City property, recognizing that there is currently not enough housing to accommodate all those who need it • Balances the competing needs of vulnerable unsheltered persons with the City’s obligation to maintai n public health, safety, general welfare and protection of environmental resources. • Allows service providers to clearly indicate where camping is temporarily allowed 4. Creation of an area where camping is temporarily allowed on City Property Encampments are prohibited on all City properties unless expressly authorized. D ue to the lack of shelter options available for each person who is experiencing unsheltered homelessness, the following City property is classified as an area where camping will be temporarily allowed: Working Group on Unsanctioned Encampments (WGUE) Mayoral Charge: The working group will (1) develop a draft City policy regarding unsanctioned encampments on City-owned property, including a recommended methodology for policy enforcement given competing demands for limited City resources and a desire not to criminalize homelessness, and (2) by January 2023, evaluate and recommend if any City lands currently used for unsanctioned encampments should be repurposed for other public use or more active management. Following adoption of a City policy regarding unsanctioned encampments on City- owned property, the working group will recommend an appropriate City role and actions to assist unsheltered persons experiencing homelessness transition to shelter and stable housing. 48 Page 2 of 3 • The portions of the Southwest (SW) Parcel (tax parcel #119.-1-2) identified on the attached map as suitable for camping with a green color coding. The SW parcel is located immediately west of Walmart and generally does not extend north behind Lowes. Approximately 28 acres of the 55- acre site are considered suitable for camping. Areas of active or imminent use by the Department of Public Works (DPW) such as for material storage, active spoils disposal, and the dewatering facility; jurisdictional wetlands; utilities and easements; and the interior loop access road are areas unsuitable for camping. Camping is not allowed on other city properties including but not limited to any areas under active City use for public or municipal functions including but not limited to parks, natural areas, road rights-of- way, sidewalks and adjacent tree lawns, multi-use trail corridors, The Commons, and public parking sites. 5. Intervention Framework Approaches to City intervention are as follows: A. The City will work with community partners and service providers to develop and implement a plan to promote public health and safety and to support the needs of persons experiencing homelessness. B. At minimum, basic living facilities to be provided shall include toilets, a drinking water supply, sharps disposal container, garbage collection and clean-up of abandoned camps. Additional facilities such as hot water showers, storage, phone charging, security lighting, and facilities for meeting with outreach workers may be provided as resources and staffing are available. C. Existing policies and practices that prohibit camping on other City properties continue unchanged. City interventions to prevent establishment of encampments on other lands may include erection of fencing, vegetation clearing and mowing, and conversion to inclusive public spaces for use by all persons, including those experiencing homelessness. 6. Response Due to Emergency or Hazards The City reserves the right to seek immediate closure and/or removal of any campsite on City property in the event of an emergency condition or obstruction. Law enforcement shall respond and investigate alleged crimes committed at encampments consistent with laws and policies that govern other criminal investigations, irrespective of location or whether the victim or suspect is sheltered or unsheltered. 7. Coordination with other Municipalities The City shall work in close coordination with Tompkins County, adjacent municipalities, and service providers in administration and implementation of this pilot policy and explore collaborative approaches to reduce unsheltered homelessness. 8. Evaluation 49 Page 3 of 3 The City shall review this pilot policy quarterly for revision and improvement. Staff, in collaboration with service providers, will develop appropriate metrics to evaluate the effectiveness of the policy, including, but not limited to the following: • whether availability of a sanctioned camping area significantly minimizes the number of scattered encampments in other areas of the City • whether the sanctioned camping area is providing a reasonably safe and sanitary location for persons experiencing unsheltered homelessness where they can meet daily living requirements and reliably connect with outreach workers • whether the mix of facilities, services, and maintenance is sufficient to induce campers to locate in a sanctioned camping area • whether the size and character of the sanctioned camping area is sufficient to accommodate persons lacking access to shelter • whether public health, safety, general welfare and protection of environmental resources are being effectively maintained • document the estimated public investment required to operate and maintain facilities and services at the sanctioned camping area for comparison against alternative uses of public resources to address homelessness. 9. Definitions Campsite/Encampment: one or more tent, lean-to, structure, tarpaulin, pallet, or makeshift structure used for purposes of habitation or active occupation located in an identifiable area within the City of Ithaca. Habitation is evidenced by the presence of bedding materials, campfires, cooking materials, storage of clothing and other personal belongings or items, gathered in a manner where it appears to a reasonable person that the site is being used for habitation or active occupation purposes. Campsites do not include sites a reasonable person would conclude are no longer in use, because any remaining materials are garbage, debris, or waste. Emergency Condition: a campsite where people camping outdoors are at risk of serious injury or death beyond that caused by increased exposure to the elements, or their presence creates a risk of serious injury or death to others, or damage to neighboring property. Immediate hazard campsites include but are not limited to areas where site conditions present an immediate threat to public health or the environment and/or the lack of sanitation facilities results in human solid or liquid waste being discharged therein. Obstruction: people, tents, makeshift structures, personal property, debris and other objects related to a campsite that interfere with ADA access or a public right -of-way; or interfere with areas that are necessary or essential to the intended use or maintenance of a public property or a public facility. 50 51 Page 1 of 4 11/30/23 Adopted RESPONSE PROTOCOL TO UNSANCTIONED ENCAMPMENTS ON CITY LANDS ACTIVELY MANAGED PUBLIC LANDS Response Protocol to Unauthorized Encampment Step Action Who 1 Verbal Notification (if occupied) • Verbally notify camper of camping prohibition and request compliance • Attach and/or distribute listing of shelter and housing resources • Notify camper of City Policy temporarily authorizing camping in the Exception Zone where support amenities for camping are available • Document site with photo City staff responsible for management of site 2 Report Encampment • Communicate presence of encampment to Continuum of Care, Outreach Workers & City Manager (or designee) of encampment City staff responsible for management of site 3 Post 24-hour Notice to Vacate • Post Notice to Vacate within 24 hours at encampment site. • Attach and/or distribute listing of shelter and housing resources • Post and/or distribute map showing location of the Green Zone where camping is temporarily allowed and sanitary and hygienic amenities are provided Sample notice language: “Overnight camping is not allowed at this site. This notice is to notify you that this encampment will be removed by City staff on XX/XX/XXXX” (insert date) City staff responsible for management of site 4 Encampment Property Removal (if necessary) • Remove tangible property for disposal • The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small personal items City staff responsible for management of site – supported by IPD unarmed officers if requested 52 Page 2 of 4 5 Campsite remediation • Remediate campsite to original condition City staff responsible for management of site Note If City Dept. staff feel unsafe or are unable to undertake an action, they may request the City Manager to assign alternative and/or additional City staff to undertake the actions LIGHTLY MANAGED PUBLIC LANDS Response Protocol to Unauthorized Encampment Site Visit # Actions Who Pre-Site Visit • Report Encampment to community partners, including Continuum of Care (CoC) and Outreach Workers • Request community partner(s) to join City staff for site visits • Explore collaboration with a community partner to develop an individualized relocation plan to shelter or housing City Homeless Outreach Coordinator (or other staff as assigned by the City Manager) 1st NOTIFICATION • If camper present, notify camper of camping prohibition verbally and in writing and request compliance (if camper present). If camper not present, post a “no camping” sign specifying that overnight camping is prohibited at this site and the encampment is in violation of City policy • Notify camper in writing and/or verbally of location where camping is temporarily allowed with support amenities. • Attach and/or distribute listing of shelter and housing resources. • Offer voluntary relocation assistance services to shelter, housing or compliant location. • Document site with photo. City Homeless Outreach Coordinator (or other staff as assigned by the City Manager) 2nd 2nd NOTIFICATION • If camper present, identify this as the second visit to provide notification that the encampment is prohibited at this site and notify camper verbally and in writing of the city policy and request a time line for compliance. Post “no City Homeless Outreach Coordinator (or other staff as assigned by the City Manager) 53 Page 3 of 4 camping – 2nd warning” sign. • Re-notify camper of Exception Zone where camping allowed • Re-offer voluntary relocation services. • Notify camper of the next planned site visit and next steps in the City policy • Document site with photo 3rd FINAL WARNING • If camper present, identify this as the third visit to seek relocation and notify camper that failure to comply will result in a final visit that may include outreach workers, first responders, law enforcement personnel, and DPW staff with trucks and equipment to facilitate removal of unauthorized property from City land. Post “notice to vacate” sign that this encampment will be removed by City staff on XX/XX/XXXX (insert date). • Re-notify camper of Exception Zone where camping allowed • Re-offer voluntary relocation services. • Document site with photo City Homeless Outreach Coordinator (or other staff as assigned by the City Manager) Final ENCAMPMENT PROPERTY REMOVAL • If camper present, identify this as the fourth and final site visit to bring the site into compliance. • Seek voluntary compliance with relocation • Remove tangible property for disposal • The following personal items shall be temporarily stored: personal identification documents, wallet/purse, eyeglasses, prescription medicines, photographs, and similar small items City Homeless Outreach Coordinator (and/or other staff/contractor as assigned by the City Manager) Post Removal Remediate campsite to original condition DPW/and other staff as assigned by City Manager Note #1 City Homeless Outreach Worker expected to be accompanied by a community partner and/or City staff assigned by the City Manager for each site visit. Note #2 The presence of an Emergency Condition may warrant immediate action to address health and safety concerns 54 Page 4 of 4 Priorities for Responding to Unsanctioned Encampments at Lightly Managed Public Lands Due to limited resources, the City will prioritize site visits based on impact of particular encampments, which is determined based on a combination of factors including but not limited to: • Amount of uncontained debris • Extent to which the encampment poses dangers • Extent of uncontained debris • Proximity to a private residence or entrance of a retail/hospitality business • Proximity to public use trails • Environmental impact on natural resources and/or presence of hazardous materials • Evidence of conspicuous illegal drug use • Obstruction of construction or maintenance activities • Proximity to park boundaries 55 CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 Planning and Development Shaniqua Lewis, TO:Common Council COW Special Topics FROM:Nels Bohn DATE:April 10, 2024 RE:Restore NY8 CP#:N/A MEMORANDUM RestoreNY8 grant application to Empire State Development. 56 Ithaca Urban Renewal Agency │ Customer #: 203895 Sent via e-mail:cnylegals@gannett.com 108 E.Green St., Ithaca, NY 14850 │ (607)274-6565 Contact Person: Nels Bohn TO: Legal Advertising Department, CNY Media The Ithaca Journal April 3,2024 LEGAL NOTICE Please publish the following public hearing notice for three (3) consecutive days beginning on April 6, 2024in the Ithaca Journal.Please publish the notices over multiple columns to enhance readability of the notice. Public Hearing City of Ithaca RESTORE NY8Grant Application The City of Ithaca Common Council will hold a public hearing at 6:00 p.m., Wednesday, April 10, 2024,in Council Chambers of City Hall, 108 E. Green Street, Ithaca, NY, on a proposed RESTORE NY8grant application. The purpose of the hearing is to obtain citizen’s views and comments relative to the submission of an application to Empire State Development for financial assistance under the Restore NY Communities Initiative. The proposed Ithaca Flatiron Building project includesdemolition of two buildings and constructionof approximately 24 rental housing unitson three contiguous properties. The project sponsor is Alpern & Milton, LLC. The following properties will be submittedfor consideration: #1 -900 W. MLK Jr./State Street, 1,500 SF vacant building on commercial property, proposed for demolition and reconstruction; #2 -910 W. MLK Jr./State Street, 6,400 SF vacant building on commercial property, proposed for demolition and reconstruction;and #3 –912 W. MLK Jr./State Street, vacant commercial property, proposed for reconstruction. Send written comments to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green Street, Ithaca, NY 14850. Further directions for public commentwill be described in the meetingnotice at the Agenda Center: http://www.cityofithaca.org/AgendaCenter.For more project information,contact Nels Bohn at: nbohn@cityofithaca.org. Please verify receipt of this order to nbohn@cityofithaca.org. Please do not send an Affidavit of Publication. Send the bill to the Ithaca Urban Renewal Agency. Respectfully, Nels Bohn Cc (e-mail):City Clerk;K. Cook, IURA Accountant; C. Pyott, IURA Contracts Monitor NO AFFIDAVITOFPUBLICATIONREQUIRED/REQUESTED NO AFFIDAVITOFPUBLICATIONREQUIRED/REQUESTED 57