Chapter 17.80
SPECIAL HOUSING NEEDS–-EMERGENCY SHELTERS, TRANSITIONAL HOUSING, SINGLE-ROOM OCCUPANCY, EMPLOYEE HOUSING, AND SUPPORTIVE HOUSING FACILITIES
Sections:
17.80.020 General Requirements.
17.80.040 Transitional Housing.
17.80.050 Single-Room Occupancy (SRO) Facilities.
17.80.010 Purpose And Intent.
A. The California Government Code mandates each local jurisdiction analyze the special housing needs of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, families and persons in need of emergency shelter, homeless persons and families, and any other group a local jurisdiction deems appropriate. Special needs are those associated with specific demographic or occupational groups which call for very specific program responses. These special needs groups often live in substandard homes or in overcrowded living conditions, spend a disproportionate amount of their income to secure safe and decent housing, and are sometimes subject to discrimination based on their specific needs or circumstances.
B. The general plan housing element of the Greenfield 2005 general plan identifies the city’s need to provide equal access to housing for homeless persons, recently homeless persons, single and small households, farmworkers, and other people with special needs, including encouraging the development of emergency, transitional, single-room occupancy, and farmworker housing in proximity to transit and services. The California Government Code establishes certain local government regulatory limits related to the development and approval of emergency shelters and transitional and employee, including farmworker housing facilities.
C. It is the intent of this chapter to provide for adequate development and operational standards to assure appropriate and affordable housing and services can be accommodated in the city for homeless persons, recently homeless persons, single and small households, farmworkers, and other special needs populations. This chapter shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the California Health and Safety Code Section 17000 et seq. (Ord. 533 §2(part), 2018: Ord. 510 §1(part), 2015: Ord. 473 §3, 2007).
17.80.020 General Requirements.
A. Licensing Compliance: Emergency shelter, transitional housing, single-room occupancy, employee housing, and other special needs housing facilities shall comply with all federal and California state licensing requirements.
B. Code Compliance: Emergency shelter, transitional housing, single-room occupancy, employee housing, and other special needs housing facilities shall comply with all applicable uniform building and fire codes, including maximum occupancy restrictions. (Ord. 533 §2(part), 2018: Ord. 510 §1(part), 2015: Ord. 473 §3, 2007).
17.80.030 Emergency Shelters.
A. Definition: "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
B. Permit Requirements: Emergency shelters are permitted in R-M (medium density residential), R-H (high density residential), and C-R (retail business) zoning districts and shall be subject only to those restrictions and standards that apply to other residential or commercial development in the same zoning district, except as otherwise set forth in this section.
1. Emergency shelters are allowed in the C-R (retail business) zoning district as a permitted use without a conditional use or other discretionary permit.
2. Emergency shelters are allowed in the R-M (medium density residential) and R-H (high density residential) zoning districts subject to issuance of a conditional use permit.
3. Notwithstanding subsection B1 of this section, allowance of an emergency shelter of one hundred (100) or more beds in the C-R (retail business) zoning district is subject to issuance of a conditional use permit.
C. Exemption: The requirements of this section do not apply in situations of city or statewide designated disasters or catastrophic conditions, but only for the duration of the designated disaster or catastrophic condition.
D. Development And Operational Standards: Emergency shelters shall comply with all standards provided by this section.
1. Parking: Off-street parking shall be provided based on demonstrated need but shall not require more parking than required for other residential or commercial uses in the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
2. Waiting/Intake Areas: An enclosed or screened waiting/intake area shall be provided on the property. Queuing within the public right-of-way is not permitted.
3. Living Areas: The facility shall have adequate shower and toilet facilities, laundry facilities including washers and dryers, and secure storage areas for its intended residents. To the greatest extent feasible, facilities shall be provided so that all members of a family may be housed together, regardless of age and gender.
4. On-Site Management:
a. Personnel/Security: The shelter shall provide at least one qualified on-site supervisor at all times during hours of operation when clients are present. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.
b. Hours Of Operation: Regular hours for client intake and discharge shall be posted on the exterior of the facility adjacent to the entrance, as well as on the interior in a location accessible to all residents.
5. Length Of Stay: The program shall provide accommodations appropriate for a minimum stay of twenty-eight (28) days and a maximum stay of one hundred eighty (180) days per client.
6. Exterior Lighting: Exterior lighting shall be provided on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
7. Support Services:
a. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility, including, but not limited to, access to social services, housing, and employment opportunities.
b. The program shall provide services to ensure that school-age children are enrolled in school during their stay at the facility. (Ord. 533 §2(part), 2018: Ord. 510 §1(part), 2015: Ord. 473 §3, 2007).
17.80.040 Transitional Housing.
A. Definition: "Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing facilities with supportive services exclusively designated and targeted for recently homeless persons that include families, youth, persons with physical and mental disabilities, people who are addicted to alcohol and drugs, people living with HIV/AIDS, veterans, the elderly, and pregnant women. "Transitional housing" includes self-sufficiency development and support services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
B. Permit Requirements: Transitional housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.
1. Transitional housing facilities providing accommodations for six (6) or fewer individuals shall be deemed a single-family structure with a residential land use designation for the purposes of this section.
2. Transitional housing facilities providing accommodations for six (6) or fewer individuals are allowed in all residential zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
3. Transitional housing facilities providing accommodations for more than six (6) individuals are allowed in the R-M (multiple-family residential) and R-H (high-density multifamily residential) zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
C. Development And Operational Standards: Transitional housing shall comply with the same development standards that apply to other residential dwellings of the same type in the same zoning district. In addition to those development standards, the following operational standards shall also apply to transitional housing facilities:
1. Length Of Stay: The program shall provide accommodations appropriate for a minimum stay of six (6) months and a maximum stay of twenty-four (24) months per client.
2. Living Areas: The facility shall have adequate living space, shower and toilet facilities, laundry facilities including washers and dryers, kitchen facilities, and secure storage areas for its intended residents. To the greatest extent feasible, facilities shall be provided so that all members of a family may be housed together, regardless of age and gender. If day, play, or activity space for families with children is not available within the family sleeping or living area, a separate day, play, or activity room shall be provided, which shall be separate from any common day or activity room provided for use by other residents.
3. Support Services: Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. The following minimum support services shall be provided by the transitional housing provider:
a. If a program includes a drug or alcohol abuse counseling component, appropriate state and or federal licensing shall be required.
b. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.
c. The program shall provide specific mechanisms for residents to contact social services.
d. The program shall include clear and acceptable arrangements for facility residents, such as on-site meal preparations or food provision and disbursement.
e. The program, where applicable, shall provide childcare services and ensure that school-age children are enrolled in school during their stay at the facility.
4. Parking: Off-street parking shall be provided based on demonstrated need but shall not require more parking than required for other residential uses in the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
D. Relocation Of Tenants: If any transitional housing facility is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any resident from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq. (Ord. 533 §2(part), 2018: Ord. 510 §1(part), 2015).
17.80.050 Single-Room Occupancy (SRO) Facilities.
A. Definition: "Single-room occupancy (SRO) facility" means any building containing five (5) or more guest rooms or units intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied, for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either kitchen facilities or individual bathrooms, or both. If full kitchen and bathroom facilities are provided in any living unit, then that unit shall not be considered a single-room occupancy (SRO) unit for purposes of this section; it shall be considered a single-family or multifamily residential unit, as the case may be. A single-room occupancy facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, hospitals, or similar use or other transient lodging facilities.
B. Permit Requirements: Single-room occupancy (SRO) facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.
1. SRO facilities are allowed in the R-M (medium-density residential) and R-H (high-density residential) zoning districts as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
2. SRO facilities are allowed in the C-R (retail business) zoning district as part of a mixed use development and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
C. Development And Operational Standards: SRO facilities shall comply with the same restrictions and development standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.
1. Density: An SRO facility shall conform to the density standards of the zoning code. Increased density may be allowed pursuant to the density bonus provisions of chapter 17.50 or by means of a development agreement adopted pursuant to section 17.16.160.
2. Length Of Stay: Tenancy of each SRO unit shall not be for less than thirty (30) days.
3. Size: Excluding any bathroom area and closet(s), each SRO unit shall have a minimum size of one hundred fifty (150) square feet, or as otherwise allowed by the planning director.
4. Living Areas: The facility shall have adequate living space, shower and toilet facilities, laundry facilities including washers and dryers, kitchen facilities, and secure storage areas for its intended residents. To the greatest extent feasible, facilities shall be provided so that all members of a family may be housed together, regardless of age and gender. If day, play, or activity space for families with children is not available within the individual SRO unit, a separate day, play, or activity room shall be provided, and this room shall be separate from any common day or activity room provided for use by all SRO residents.
5. Parking: Off-street parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
D. Conversion Of Existing Buildings: An existing structure may be converted to an SRO facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the building official. A motel or hotel in the C-R (retail business) or C-H (highway commercial) with MUO (mixed use overlay) zoning district, existing as of the effective date of this section, may be converted to an SRO facility without being part of a mixed use development.
E. Relocation Of Tenants: If any SRO unit is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq. (Ord. 533 §2(part), 2018).
17.80.060 Employee Housing.
A. Definition: "Employee housing" means any living quarters, dwelling, boarding house, bunkhouse, dormitory- and barracks-style housing, mobilehome, manufactured home, or similar housing accommodations used for human habitation of any permanent type, which comply with the building standards of the state building standards code or any adopted local ordinance with equivalent minimum standards for building(s) used for human habitation, and buildings accessory thereto, where (1) living accommodations are provided by the employer and (2) such accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. The employee housing is not required to be located on the same property where the employee is employed.
1. Employee housing facilities shall consist only of permanent facilities or structures. Use of tents, recreational vehicles, mobile camping equipment or accommodations, or any other nonpermanent facility or structure for living purposes is strictly prohibited.
2. Employee housing is not included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling.
3. Employee housing does not include housing that is provided by someone other than an agricultural employer or an agent thereof if such housing is offered and rented to nonagricultural employees on the same terms that it is offered to agricultural employees, none of the occupants of the housing are employed by the owner or property manager of the housing, none of the occupants of the housing have rent deducted from their wages, negotiation of the terms of occupancy of the housing is conducted between each occupant and the owner or manager of the property, the occupants of the housing are not required to live in the housing as a condition of employment, and the occupants of the housing are not referred to live in the housing by the employer of the occupants or the employer’s agent, or an agricultural employer.
4. "Employee" as used in this section does not include a person engaged in household domestic service or a person employed under circumstances in which his or her wages are incidental to professional training or training for a religious vocation and where the employer is exempt from taxation under the California Constitution.
5. In addition to the requirements of this section, employee housing shall comply with the requirements of the Employee Housing Act, California Health and Safety Code Section 17000 et seq.
B. Permit Requirements: Employee housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.
1. Every person operating employee housing as defined herein shall obtain a permit to operate that employee housing from the California Department of Housing and Community Development as required by California Health and Safety Code Section 17030 et seq.
2. Employee housing providing accommodations for six (6) or fewer employees shall be deemed a single-family structure with a residential land use designation for the purposes of this section.
3. Employee housing facilities providing accommodations for six (6) or fewer employees are allowed in all residential zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
4. Employee housing facilities providing accommodations for more than six (6) employees are allowed in the R-M (multiple-family residential) and R-H (high-density multifamily residential) zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
5. A single-room occupancy facility may be used for employee housing. If such housing meets the definition of employee housing as set forth in subsection A of this section, it is considered employee housing and is subject to the requirements and standards of this section, otherwise it is subject to the requirements and standards of section 17.80.050, excepting the primary residency requirement of subsection 17.80.050A, and is not subject to the requirements and standards of this section.
C. Development And Operational Standards: All employee housing facilities shall comply with the same restrictions and development standards that apply to other residential dwellings of the same type in the same zoning district. In addition thereto, employee housing facilities providing accommodations for more than six (6) employees that is not considered a single-room occupancy facility shall also be subject to the following development and operational standards:
1. Employee Family Accommodations: Any employee housing facility providing accommodations for both single employees and employees and their families shall provide separate and secure sleeping facilities for employees and their families separate from sleeping facilities for single employees. If day, play, or activity space for families with children is not available within the family sleeping or living area, a separate day, play, or activity room shall be provided, which shall be separate from any common day or activity room provided for use by other residents.
2. Density: An employee housing facility shall conform to the density standards of the zoning code. Increased density may be allowed pursuant to the density bonus provisions of chapter 17.50 or by means of a development agreement adopted pursuant to section 17.16.160.
3. Length Of Stay: Tenancy of each employee housing facility shall not be for less than thirty (30) days.
4. Living Areas: The facility shall have adequate living space, shower and toilet facilities, laundry facilities including washers and dryers, and secure storage areas for its intended residents. To the greatest extent feasible, facilities shall be provided so that all members of a family may be housed together, regardless of age and gender.
5. Parking: Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
D. Conversion Of Existing Buildings: An existing structure may be converted to an employee housing facility, consistent with the provisions of this section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards, unless otherwise exempted by the building official. A motel or hotel in the C-R (retail business) or C-H (highway commercial) with MUO (mixed use overlay) zoning districts, existing as of the effective date of this section, may be converted to an employee housing facility without being part of a mixed use development.
E. Relocation Of Tenants: If any employee housing unit is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq. (Ord. 533 §2(part), 2018).
17.80.070 Supportive Housing.
A. Definitions: "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, including housing for individuals and households moving from emergency shelters or transitional housing or those at risk of homelessness. "Supportive services" include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5, commencing with Section 4500, of the Calfornia Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people including individuals (adults and youth) and families.
B. Permit Requirements: Supportive housing facilities shall be considered a residential use of property, and shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district, except as otherwise set forth in this section.
1. Supportive housing facilities providing accommodations for six (6) or fewer individuals shall be deemed a single-family structure with a residential land use designation for the purposes of this section.
2. Supportive housing facilities providing accommodations for six (6) or fewer individuals are allowed in all residential zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
3. Supportive housing facilities providing accommodations for more than six (6) individuals are allowed in the R-M (multiple-family residential) and R-H (high-density multifamily residential) zoning districts, in the C-R (retail business) zoning district as part of a mixed use development, and in the C-H (highway commercial) with MUO (mixed use overlay) zoning district as a permitted use without a conditional use or other discretionary permit, excepting design review in accordance with section 17.16.070.
C. Development And Operational Standards: Supportive housing shall comply with the same development standards that apply to other residential dwellings of the same type in the same zoning district. In addition to those development standards, the following operational standards shall also apply to transitional housing facilities:
1. Length Of Stay: No limit on length of stay.
2. Living Areas: The facility shall have adequate living space, shower and toilet facilities, laundry facilities including washers and dryers, and secure storage areas for its intended residents. To the greatest extent feasible, adequate facilities shall be provided so that all members of a family may be housed together, regardless of age and gender. If day, play, or activity space for families with children is not available within the family sleeping or living area, a separate day, play, or activity room shall be provided, which shall be separate from any common day or activity room provided for use by other residents.
3. Support Services: Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. The following minimum support services shall be provided by the transitional housing provider:
a. If a program includes a drug or alcohol abuse counseling component, appropriate state and or federal licensing shall be required.
b. The program shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.
c. The program shall provide specific mechanisms for residents to contact social services.
d. The program shall include clear and acceptable arrangements for facility residents, such as on-site meal preparations or food provision and disbursement.
e. The program, where applicable, shall provide childcare services and ensure that school-age children are enrolled in school during their stay at the facility.
4. Parking: Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of chapter 17.58 shall also apply.
D. Relocation Of Tenants: If any supportive housing facility is found to be unsafe to occupy due to danger to the health and safety of the resident(s), the costs and expenses of relocation of any resident from that unit shall be the responsibility of the owner pursuant to the provisions of California Health and Safety Code Section 17975 et seq. (Ord. 533 §2(part), 2018).