Emergency shelters shall be permitted only in accordance with the regulations established in this chapter and for the applicable district (Chapter
17.36 or
17.40).
(Ord. 16-365 § 1)
A. Limitation
on Location. An emergency shelter subject to this chapter may be established
within the RM zoning district.
B. Permit
Requirement. Construction of a new structure or exterior modification
of an existing structure for an emergency shelter in the RM zoning
district shall be subject to a ministerial review process. The community
development director will review the design, site plan, and management
plan to ensure compliance with the standards established for the zoning
district and with the development standards established in this section.
C. Zoning
Requirements and Standards. Except as otherwise set forth in this
section, all emergency shelters shall comply with the land use regulations
for the RM zoning district in which the emergency shelter will be
located.
D. Development
Standards. An emergency shelter shall comply with the following standards:
1. Occupancy.
The maximum number of beds or persons permitted to be served nightly
by an emergency shelter, or any combination of emergency shelters
in the city, shall not exceed eight persons or the unsheltered need
identified in the adopted Housing Element, whichever is greater.
2. Length
of Stay. Occupancy for an individual in an emergency shelter is limited
to no more than six months. The operator of the emergency shelter
shall maintain adequate documentation to demonstrate compliance with
this provision.
3. Location.
No emergency shelter shall be located within 300 feet of another emergency
or homeless shelter. Emergency shelters shall not be required to be
more than 300 feet apart.
4. Management
Plan. Prior to the community development director's decision, the
operator of the emergency shelter must submit to the community development
department, planning division a written management plan. At a minimum,
the management plan shall include and address the following:
a. Procedures for staff training to meet the needs of the shelter residents,
and have processes to address the following topics: client intake,
confidentiality, health and safety training, mental health, and substance
abuse treatment and referrals;
b. Operational rules and standards of conduct for residents, including
policies prohibiting the use or possession of controlled substances
by residents, rules concerning the use or possession of alcohol, curfew,
prohibition of loitering, and any other provisions necessary to ensure
compatibility with surrounding uses;
c. Policies and procedures for eviction from the facility for violation
of rules and standards of conduct;
d. A detailed safety and security plan to protect shelter residents
and surrounding uses;
e. A process for resident screening and identification;
f. Provisions for on-site or partnerships with off-site organizations
to provide job training, counseling, and treatment programs for the
residents;
g. Services to assist residents with obtaining permanent shelter and
income;
h. If applicable, timing and placement of outdoor activities;
i. Location within the facility for temporary storage of residents'
personal belongings;
j. Provisions for continuous on-site supervision during hours of operation.
Specifically, there shall be a minimum of one staff person per eight
clients during daytime hours, seven a.m. to nine p.m., and a minimum
of two staff people at the facility during nighttime hours, nine p.m.
to seven a.m.;
k. If applicable, procedures for ensuring safety and security of women
and children within the facility;
l. The exterior of the building must be kept in a good state of repair
and the exterior finish and landscaping must be kept clean and well
maintained. Each site shall be kept in a neat and orderly manner,
free of weeds, loose trash, debris and other litter, including, but
not limited to, shopping carts;
m. Organized outdoor activities on the site may only be conducted between
the hours of eight a.m. and ten p.m.;
n. Employees, partners, directors, officers, managers, and similar persons
shall be screened prior to occupancy to confirm that they have no
history of a previously failed emergency shelter (or similar facility)
due to the fault of the operator, and have not been convicted of any
of the following offenses within the prior five years:
i. A crime requiring registration under
Penal Code Section 290,
ii. A violation of
Penal Code Sections 311.2 or 311.4 through 311.7,
vi. A felony crime involving the use of force or violence on another,
or
vii.
The maintenance of a nuisance in connection with the same or
similar business operation.
The management of the emergency shelter shall effectuate a background
investigation on all employees to the satisfaction of the chief of
police.
5. Common
Facilities and Services. An emergency shelter may include the following
facilities and services as ancillary to the emergency shelter use:
a. Commercial kitchen facilities;
d. Recreation or meeting room;
e. Outdoor recreational spaces; provided, that the space is located
within a building interior courtyard or is enclosed by a building,
solid fence, or wall or some combination thereof to secure the space
and ensure that it is not accessible to the general public;
f. Animal boarding and related veterinary services for current residents
of the facility only; and
g. Child care facilities for current residents of the facility only.
6. Client
Intake Areas. An enclosed intake area shall be provided within the
emergency shelter building. The intake area shall be a minimum of
120 square feet in size, located entirely within the building. The
intake hours shall be posted clearly on the doors to the emergency
shelter. Clients shall be allowed to wait in an interior or exterior
waiting area that shall not exceed 200 square feet. Clients shall
not loiter nor form a queue outside of the exterior waiting area.
7. Parking.
Each emergency shelter shall have a minimum of two off-street parking
spaces plus the greater of either: (a) one additional off-street parking
space for each 10 beds, or fraction thereof; or (b) one additional
parking space per employee.
8. Lighting.
Exterior lighting shall be located along all pedestrian pathways,
parking lots, entrances and exits, common outdoor areas, and at the
front of the building. All lighting shall be maintained in good operating
condition and shall be fully-shielded.
9. On-Site
Security. Security measures shall be reviewed and approved by the
chief of police prior to commencement of operations on the site and
shall be sufficient to protect clients and neighbors. On-site security
shall be provided during the hours when the emergency shelter is in
operation and at all times when clients are present on site. In the
event that five or more calls for police services have been received
over a 30 day period by the police department, the facility shall
be required to provide additional on-site security staff to the satisfaction
of the chief of police and the community development director.
10. City, County and State Requirements. An emergency shelter shall obtain
and maintain in good standing all required licenses, permits, and
approvals from the city, county, and state agencies or departments
and demonstrate compliance with applicable building and fire codes.
An emergency shelter shall comply with all county and state health
and safety requirements for food, medical, and other supportive services
provided on site.
(Ord. 16-365 § 1; Ord. 23-449, 11/13/2023)