Chapter 22.60
M-1 EMERGENCY SHELTER OVERLAY ZONE
Sections:
22.60.350 Site development standards.
22.60.400 Environmental performance standards.
22.60.100 Purpose.
The purpose of this chapter is to comply with the state mandated provisions of Senate Bill 2 by way of allowing for the establishment of emergency shelters for the homeless and to ensure that said shelters do not adversely impact adjacent and/or surrounding land uses. The emergency shelter overlay (M-1) zone, which is located within a select portion of the existing industrial (M) zone, shall be subject to the provisions set forth for the M zone as contained in Chapter 22.28 as well as all applicable regulations contained in the Cerritos Municipal Code. This M-1 overlay zone identifies a suitable area within the existing M zone for permitting the establishment of emergency shelters and contains specific regulations for said uses to effectively protect the health, safety and welfare of homeless persons as well as the general public. (Ord. 992 § 2 (part), 2014)
22.60.150 Definitions.
(1) “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied access to an emergency shelter because of an inability to pay.
(2) “Permitted emergency shelter” constitutes an emergency shelter with thirty or fewer beds and/or serving no more than thirty homeless persons at any given time subject to the issuance of an administrative emergency shelter permit.
(3) “Administrative emergency shelter permit” is a nondiscretionary permit required to be obtained from the community development department prior to the operation of a permitted emergency shelter to ensure that all applicable local, state and federal laws, regulations and codes are satisfied.
(4) “Conditionally permitted emergency shelter” constitutes an emergency shelter with more than thirty beds and/or serving more than thirty homeless persons, and any emergency shelter that would increase the cumulative number of beds and/or homeless persons above the total of thirty within the M-1 overlay zone. A conditionally permitted emergency shelter is subject to the issuance of a conditional use permit (CUP) pursuant to Chapter 23.10, Conditional Uses.
(5) “Emergency shelter operator” means any person and/or entity desiring to operate a permitted emergency shelter and/or conditionally permitted emergency shelter. (Ord. 992 § 2 (part), 2014)
22.60.200 Location.
The M-1 overlay zone is located within a select portion of the M zone bounded by the Coyote Creek Channel to the west and north, Valley View Avenue to the east and 183rd Street to the south as specified in the development map adopted in conjunction with the M-1 overlay zone. (Ord. 992 § 2 (part), 2014)
22.60.250 Permitted uses.
In accordance with Government Code Section 65583(4), one permitted emergency shelter shall be a permitted use within the M-1 overlay zone. (Ord. 992 § 2 (part), 2014)
22.60.300 Conditional uses.
Conditional uses in the M-1 overlay zone shall be subject to the issuance of a conditional use permit (CUP) pursuant to Chapter 23.10, Conditional Uses, as follows:
(1) A conditionally permitted emergency shelter.
(2) An emergency shelter that would increase the cumulative number of beds and/or homeless persons above the total of thirty within the M-1 overlay zone at any given time. (Ord. 992 § 2 (part), 2014)
22.60.350 Site development standards.
Site development standards, land use regulations and design guidelines established for Chapter 22.28 (M zone) shall apply in the M-1 overlay zone.
In addition, the following shall apply to any permitted emergency shelter and/or conditionally permitted emergency shelter:
(1) Stays at the facility shall be on a first-come, first-served basis with homeless persons only on site and admitted to the facility between six p.m. and eight a.m. during Pacific Daylight Time and five p.m. and eight a.m. during Pacific Standard Time. Homeless persons must vacate the facility by eight a.m. and have no guaranteed bed for the next night.
(2) Maximum stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five-day period.
(3) A minimum of one staff member per fifteen beds shall be awake and on duty when the facility is open and/or occupied by clients.
(4) Bicycle racks shall be provided at the subject facility pursuant to Section 22.76.400(2)(C).
(5) A minimum distance of two hundred feet shall be maintained from any other emergency shelter or similar use.
(6) Exterior lighting of no less than an average of three footcandles per square foot shall be provided for the entire outdoor area of the site as approved by the community development department.
(7) A waiting area of no less than ten square feet per bed shall be provided at the facility and shall be contained within the subject building.
(8) Loitering and/or congregating by homeless persons at the subject property during the nonoperating hours of the facility as set forth in subsection (1) of this section shall be prohibited.
(9) Any outdoor storage, including, but not limited to, items brought on site by homeless persons for overnight stays, shall not be permitted. Storage of any and all items required for the operation of the facility and/or brought on site by the homeless being housed at the facility shall be contained wholly within the subject building at all times.
(10) Facility improvements shall provide:
(a) A minimum of one toilet for every eight beds per gender;
(b) A minimum of one shower for every eight beds per gender; and
(c) Private shower and toilet facility for each area designated for use by individual families.
(11) An operational plan shall be provided for the review and approval of the community development department as a supplement to the required emergency shelter permit application. Plans may be required to address additional specific needs as identified by the community development department. The approved operational plan shall remain active throughout the life of the emergency shelter. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
(a) Security and safety—addressing both on- and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the emergency shelter;
(b) Loitering control—with specific measures regarding off-site controls to deter the congregation of homeless persons in the vicinity of the emergency shelter during hours that homeless persons are not allowed on site;
(c) Management of outdoor areas—including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to prevent disruption to nearby land uses;
(d) Staff training—with objectives to provide adequate knowledge and skills to assist homeless persons in obtaining permanent shelter and income;
(e) Coordination—with the emergency shelter operator to designate a liaison to coordinate with sheriff, fire, city officials, local businesses and residents on issues related to the operation of the emergency shelter;
(f) Screening of homeless persons for admittance eligibility—with objectives to provide first service to Cerritos homeless persons;
(g) Counseling programs to be provided with referrals to outside assistance agencies; and
(h) Litter control—with an objective to provide for the elimination of litter attributable to the emergency shelter and/or homeless persons within the general vicinity of the emergency shelter.
(12) The emergency shelter may provide the following services in a designated area separate from sleeping areas:
(a) A recreation area contained within the emergency shelter building and/or within the subject property so long as said area is screened from public view;
(b) A counseling center for job placement, educational, health care, legal, or mental health services;
(c) Laundry facilities to serve the number of homeless persons at the shelter;
(d) Kitchen for the preparation of meals;
(e) Dining hall;
(f) Client belongings storage area (i.e., for the overnight storage of bicycles and personal items); or
(g) Similar services geared to homeless persons. (Ord. 992 § 2 (part), 2014)
22.60.400 Environmental performance standards.
The environmental performance standards established under Chapter 22.80 shall apply in the M-1 overlay zone. (Ord. 992 § 2 (part), 2014)
22.60.450 Review procedures.
A permitted emergency shelter located within the M-1 overlay zone with less than thirty beds and/or serving no more than thirty homeless persons at any given time shall be subject to the review and approval of a nondiscretionary administrative emergency shelter permit prior to occupancy of the facility.
(1) Administrative Emergency Shelter Permit. Any emergency shelter operator desiring to operate a permitted emergency shelter shall be required to obtain an administrative emergency shelter permit from the community development department.
(2) Permit Application. Requests for such permit shall be made in writing by the prospective emergency shelter operator by way of the submittal of a completed application prescribed by the community development department. The application shall be accompanied by a fee, set by city council resolution, and shall include all information in support, and as required, of said application including, but not limited to, an architectural floor plan, site plan and other plans as set forth in Section 22.60.350, along with a project description explaining the details of the proposal and/or operation.
(3) Noticing. Pursuant to Chapter 20.93, a public notice shall be mailed to all property owners and building occupants within five hundred feet of the exterior boundary of the subject property. The notice shall include a description of the proposal and the date and time of an informational public meeting.
(4) Public Meeting. Prior to making an administrative determination of an administrative emergency shelter permit, the planning commission shall conduct an informational public meeting. The public meeting of the planning commission shall be to provide information regarding the permit application and to receive advisory and nonbinding comments. The public meeting shall be limited to the applicable municipal code and land use regulations relative to permitted emergency shelters.
(5) Permit Determination. The community development department shall make a determination of compliance with this chapter in writing after reviewing the completed application inclusive of all supplemental information and following the required public meeting. The determination of the community development department is final.
(6) Business License. A city-issued business license shall be required to operate an emergency shelter pursuant to Chapter 5.04. (Ord. 992 § 2 (part), 2014)