Chapter 17.50A
EMERGENCY SHELTER STANDARDS
Sections:
17.50A.020 Emergency shelter standards.
Code reviser’s note: Ord. 557 adds these provisions as Chapter 17.51. The chapter has been renumbered to avoid duplication of numbering.
17.50A.010 Findings.
A. The public welfare requires the city to take action to ensure that emergency shelters are accommodated within the city.
B. California Government Code Section 65583 requires the city to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit.
C. California Government Code Section 65583 permits the city to establish specific written, objective standards for emergency shelters. The standards established under EMC 17.50A.020 have been prepared in compliance with state law. (Ord. 557 § 1 (Att. A), 2016)
17.50A.020 Emergency shelter standards.
A. Limitation on Location. An emergency shelter may be established within the M-1 or M-2 zoning districts.
B. Permit Requirement. Construction of a new structure or exterior modification of an existing structure for an emergency shelter in the M-1 or M-2 zoning district shall be subject to a ministerial design review process. The development services manager (manager) will review the design and site 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 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 shelter. Emergency shelters shall not be required to be more than 300 feet apart.
4. Management Plan. Prior to the manager’s decision, the operator of the emergency shelter must submit to the planning department a written management plan. As 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, 7:00 a.m. to 9:00 p.m., and a minimum of two staff people at the facility during nighttime hours, 9:00 p.m. to 7:00 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 8:00 a.m. and 10:00 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 Section 311.2 or 311.4 through 311.7;
iii. A violation of Penal Code Sections 313.1 through 313.5;
iv. A violation of Penal Code Section 647(a), (b), or (d);
v. A violation of Penal Code Section 315, 316, or 318;
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;
b. Dining area;
c. Laundry room;
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 development services manager.
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. 557 § 1 (Att. A), 2016)