Article 24 INCLUSIONARY ZONING REGULATIONS

ARTICLE 24
INCLUSIONARY ZONING REGULATIONS

Division I. General Provisions

25-24-1 PURPOSE:

The purpose of this article is to:

A. Enhance the public welfare and assure that further housing development contributes to the attainment of the city’s housing goals by increasing the production of residential units affordable by households of very low, low, and moderate income.

B. Assure that the limited remaining developable land in the city’s planning area is utilized in a manner consistent with the city’s housing policies and needs. (Ord. #1563, §3)

25-24-2 DEFINITIONS:

As used in this article, each of the following terms shall be defined as follows:


AFFORDABLE UNIT:	An ownership or rental housing unit, including senior housing, affordable to households with very low, low, or moderate incomes as defined in this article.
	A. Rental units are deemed affordable units if the annual rent does not exceed thirty percent (30%) of maximum income level for very low, low, and moderate income households, adjusted for household size and as defined herein.
	B. Owner occupied units are deemed affordable units if the sales price results in annual housing expenses that do not exceed thirty-five percent (35%) of income level for very low, low, and moderate income households, adjusted for household size and as defined herein.
APPLICANT:	Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks city real property development permits or approvals.
DWELLING UNIT:	A dwelling designed and intended for occupancy by one household.
RESALE CONTROLS AND/OR RENT RESTRICTIONS:	Legal restrictions by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low, or moderate income households, as applicable, for a period of not less than fifty-five (55) years. With respect to rental units, such rent restrictions shall be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall be in the form of resale restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
RESIDENTIAL DEVELOPMENT:	Includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
VERY LOW, LOW, AND MODERATE INCOME LEVELS:	Those income and eligibility levels determined periodically by the California department of housing and community development based on Los Angeles County median income levels adjusted for family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members, and all other sources of household income and will be recertified as set forth by local standards, and state and federal housing law.
	A. “Very low income” means fifty percent (50%) or less of the median income, adjusted for actual household size.
	B. “Low income” means more than fifty percent (50%) to eighty percent (80%) of the median income, adjusted for actual household size.
	C. “Moderate income” means than eighty percent (80%) to one hundred twenty percent (120%) of the median income, adjusted for actual household size. (Ord. #1563, §3)

25-24-3 GENERAL REQUIREMENTS:

A. Fifteen Percent Affordability Requirement: All new residential development projects in redevelopment project area A of seven (7) units or more designed and intended for permanent occupancy shall construct fifteen percent (15%) of the total number of dwelling units within the development as affordable units, except as otherwise provided by this article. The foregoing requirement shall be applied no more than once to an approved development (and generally at the tentative map stage), regardless of the changes in the character or ownership of the development, provided the total number of units does not change. In applying and calculating the affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.

B. Allocation Of Units To Income Levels: Affordable units provided pursuant to this section shall be allocated to households with very low, low, and moderate income levels as follows:


Very low income households	43 percent
Low income households	27 percent
Moderate income households	30 percent

Where the calculation of the allocation results in fewer units that would otherwise be required pursuant to subsection A of this section, one additional unit should be allocated to the income level with a decimal fraction closest to 0.50. The distribution above may be periodically recalculated by the redevelopment director based on information provided by SCAG.

C. Conditions Of Approval: Any tentative map, conditional use permit, or site development review approving residential development projects subject to this article shall contain conditions sufficient to ensure compliance with the provisions of this article. Such conditions shall detail the number of affordable units required, specify the schedule of construction of affordable units, set forth the applicant’s manner of compliance with this article, and require the execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units.

D. Concurrent Construction: All affordable units in a project or phase of a project shall be constructed concurrently with market rate units, unless the city manager determines in writing that extenuating circumstances exist that make concurrent construction infeasible or impractical.

E. Design And Distribution Of Affordable Units: All affordable units shall reflect the range of numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior design, construction, or materials. Affordable units may be of smaller size than the units in the project and may have fewer amenities than the market rate units in the project. All affordable units shall be reasonably dispersed throughout the project. (Ord. #1563, §3)

25-24-4 EXCEPTIONS TO FIFTEEN PERCENT AFFORDABILITY REQUIREMENT:

Developers of projects subject to subsection 25-24-3A of this article shall construct fifteen percent (15%) of the total number of dwelling units within the development as affordable units, unless subject to an exception set forth in this section. All exceptions require city council approval, which shall be obtained at or prior to the last discretionary approval for the project.

A. Payment Of Fees In Lieu Of Creation Of Affordable Units: Upon request of the applicant, the city council shall permit the applicant to pay a fee in lieu of constructing up to forty percent (40%) of the affordable units that the developer would otherwise be required to construct pursuant to subsection 25-24-3A of this article. The amount of the fee shall be as set forth in a resolution of the city council, which may be amended from time to time to reflect inflation and changed conditions in the city and the region. In lieu fees shall be paid at the time and in the amount set forth in the in lieu fee resolution in effect at the time of issuance of the building permit.

B. Off Site Projects: An applicant may construct the affordable units not physically within the development in lieu of constructing some or all of the affordable units within the development, with the approval of the city council, if the city council finds:

1. That construction of the units off site in lieu of constructing units on site is consistent with this article’s goal of creating, preserving, maintaining, and protecting housing for very low, low and moderate income households.

2. That the units to be constructed off site are consistent with subsection 25-24-3E of this article.

3. That it would be infeasible or impractical to construct affordable units on site.

4. That conditions of approval for the project require that the off site affordable units would be governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that used for the on site affordable units.

5. That the conditions of approval for the project, or other security such as a cash deposit, bond, or letter of credit, are adequate to require the construction of the off site affordable units concurrently with the completion of the construction of the residential development or within a reasonable period (not to exceed 5 years).

C. Land Dedication: An applicant may dedicate land to the city or city designated local nonprofit housing developer in lieu of construction of some or all of the required affordable units, if the council finds that:

1. Dedication of land in lieu of constructing units is consistent with this article’s goal of creating, preserving, maintaining, and protecting housing for very low, low and moderate income households.

2. The dedicated land is usable for its intended purpose, is free of toxic substances and contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and all development impact fees paid excluding any inclusionary zoning ordinance fees.

3. The proposed land dedication is of sufficient size to meet the following requirements:

a. The dedication includes land sufficient to construct the number of units that the applicant would otherwise be required to construct by subsection 25-24-3A of this article, based on the size of lots in the subdivision for which the applicant is meeting its obligation; and

b. In addition, the dedication includes such additional land the market value for which is equal to or exceeds the difference between the value of a market rate, one thousand two hundred (1,200) square foot unit and the price at which such a unit could be sold as an affordable unit (which amount shall be set forth in a resolution adopted from time to time by the city council) times the number of units required.

D. Credit Transfers: An applicant may fully or partially satisfy the requirements of subsection 25-24-3A of this article through the use of transfer credits created pursuant to section 25-24-6 of this article. Credit certificates shall be presented to the redevelopment director, who shall note at the time of project approval the credit certificate by number. Credit certificates may only be used to satisfy the requirements for inclusionary units for the income category (i.e., very low, low, or moderate) and number of bedrooms for which they are issued.

E. Waiver Of Requirements: The city council, at its discretion, may waive, wholly or partially, the requirements of this article and approve alternate methods of compliance with this article if the applicant demonstrates, and the city council finds, that such alternate methods meet the purposes of this article. (Ord. #1563, §3)

25-24-5 GENERAL PROCEDURES:

A. Agreements: Prior to the issuance of a building permit for an affordable unit, resale restrictions or rental controls, or both, as the case may be, shall be set forth in an agreement between the city and the developer, in a form consistent with the city council adopted form agreement, which agreement shall be recorded against the property containing the affordable units. The agreement shall be executed by the city manager, and its requirements shall run with the land and bind the applicant’s successors.

B. Rental Units; Occupancy; Annual Report: Agreements involving rental units shall require the owner of the affordable units to ensure that the units are occupied by tenants whose monthly income levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to the city manager, in a format approved by the city. The report shall include, but not be limited to, the following information: an identification of the affordable units within the project; the monthly rents charged and proposed to be charged; vacancy information for the prior year; and the monthly income for tenants of each affordable unit throughout the prior year.

C. Ownership Units; Occupancy; City’s Right Of First Refusal: Agreements for ownership units shall specify that the inclusionary units must be occupied by the owner or owners and may not be leased or rented without the written approval of the city. The resale restrictions shall provide that in the event of the sale of an affordable unit, the city shall have the right to purchase any affordable owner-occupant unit at the maximum price that could be charged to an eligible household.

D. Selection Criteria: No household shall be permitted to occupy a unit that is required under this article to be affordable unless the city or its designee has approved the household’s eligibility. Eligible potential occupants of affordable units will be qualified on the basis of household income, the median combined household income statistics for Los Angeles County published periodically by the California department of housing and community development, all sources of household income and assets, the relationship between household size and the size of available units, and any further criteria required by law. The developer shall use an equitable selection method established in conformance with the terms of this article. The selection criteria may not distinguish between adults and children. Selection of qualified person should be based on priorities established using the point system described below:

• Employed within the boundaries of the city of Lynwood (3 points, 1 per household).

• Public service employee working in the city of Lynwood (1 additional point).

• Lynwood resident (3 points, 1 per household).

• Seniors (1 point, 1 per household).

• Permanently disabled (1 point, 1 per household).

To qualify as a “public service employee”, the person shall be employed by a public agency. To qualify as “employed within the boundaries of the city of lynwood”, the person shall have been employed within the city of Lynwood for at least six (6) months. To qualify as a “Lynwood resident”, the person shall have been a resident of the city of Lynwood for at least a one year period prior to the eligibility determination. (Ord. #1563, §3)

25-24-6 AFFORDABLE UNIT CREDITS:

A. Creation: Affordable unit credits may be created by the city council. One affordable unit credit certificate shall be issued for each affordable unit constructed in excess of the number of affordable units required to be constructed for the project by subsection 25-24-3A of this article. The certificate shall designate a specific income category (i.e., very low, low, or moderate income) and number of bedrooms for which they are issued.

B. Ownership And Use Of Credits: Affordable unit credit certificates are issued to and become the possession of the project owner, who may then use them to satisfy the requirements of this article for another project in the city. If a project owner proposes to sell credit certificates, the parties shall first obtain the consent of the redevelopment director, who will document the transfer by certificate number. (Ord. #1563, §3)

25-24-7 INCENTIVES FOR ON SITE CONSTRUCTION OF AFFORDABLE UNITS:

The city may, but shall not be required to, offer incentives or financial assistance to encourage the on site construction of affordable units in excess of fifteen percent (15%) of the total number of units in the project to the extent resources for this purpose are available and approved for such use by the city council or city manager. Such incentives may include, but shall not be limited to, the following:

A. Fee Deferral:

1. Development Processing Fees: The city manager may approve deferred payment of city processing fees applicable to the review and processing of the project. The terms and payment schedule of the deferred fees shall be subject to the approval of the city manager.

2. Development Impact Fees: The city council may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project’s feasibility. The applicant must provide appropriate security to ensure future payment of such fees.

B. Design Modifications: The city council may approve design modifications to affordable units that increase the feasibility of the construction of affordable units, including, but not limited to, the following:

1. Reduced lot size.

2. Reduced setback requirements.

3. Reduced open space requirements.

4. Reduced landscaping requirements.

5. Reduced interior or exterior amenities.

6. Reduction in parking requirements.

7. Height restriction waivers. (Ord. #1563, §3)

25-24-8 IN LIEU FEE FUND:

In lieu fees shall be deposited into the “low and moderate income housing fund of the Lynwood redevelopment agency” (“fund”).

A. Use: All monies in the fund, together with any interest earnings on such monies less reasonable administrative charges, shall be used or committed to use by the city for the purpose of providing very low, low, and moderate income ownership or rental housing in the city of Lynwood.

B. Annual Report: The city manager shall prepare an annual report to the city council identifying the balance of monies in the fund and the affordable units provided and any monies committed to providing very low, low, and moderate income housing. The annual report shall also include a review of administrative charges. (Ord. #1563, §3)

25-24-9 VIOLATIONS:

It shall be unlawful for any person, firm, corporation, partnership or other entity that is subject to this article pursuant to subsection 25-24-3A of this article to violate any provision or to fail to comply with any of the requirements of this article. A violation of any of the provisions or failing to comply with any of the requirements of this article shall constitute a misdemeanor; except that notwithstanding any other provisions of this code, any such violation constituting a misdemeanor under this article may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. Any person convicted of an infraction under the provisions of this code shall be punishable as provided by the Government Code of the state of California. (Ord. #1563, §3)

25-24-10 ENFORCEMENT:

A. General: The city manager shall enforce this article, and its provisions shall be binding on all agents, successors, and assigns of an applicant. The city manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this article. No land use approval, building permit, or certificate of occupancy shall be issued for any residential development unless exempt from or in compliance with this article. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. Excessive Rents/Legal Action: If the city manager determines that rents in excess of those allowed by operation of this article have been charged to a tenant residing in an affordable unit, the city may take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant, or to the city in the event the tenant cannot be located, any excess rents charged. (Ord. #1563, §3)

25-24-11 APPEALS:

Decisions of the city manager under this article may be appealed as provided in article 100 of this chapter. (Ord. #1563, §3)

Division II. Requests For Reasonable Accommodation Under The Fair Housing Acts

25-24-12 PURPOSE:

The purpose of this division is to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests. (Ord. #1660, §2 (Exh. 2))

25-24-13 APPLICABILITY:

In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This division applies only to those persons who are defined as disabled under the Acts.

Automobile garages and other accessory structures, detached or attached, shall not be converted or used for the purposes of reasonable accommodation housing. (Ord. #1660, §2 (Exh. 2))

25-24-14 APPLICATION REQUIREMENTS:

A. Requests for reasonable accommodation, in a form approved by the development services department, together with the appropriate fee, as established by resolution adopted by the city council, and other required information, shall be filed with the planning division.

B. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval under this chapter (including but not limited to a conditional use permit, design review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications. (Ord. #1660, §2 (Exh. 2))

25-24-15 APPROVAL PROCESS:

A. Approval Authority:

1. Administrative Review: The development services director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this division. The development services director or appointed designee may refer the matter to the planning commission, as appropriate.

2. Planning Commission Review: The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this division, when referred by the zoning administrator or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.

B. Notice: No advance notice or public hearing is required for consideration of reasonable accommodation requests by the development services director. Requests for reasonable accommodation subject to review by the planning commission shall require advance notice and a public hearing pursuant to the requirements of article 100.

C. Decision: The development services director or an appointed designee shall render a decision or refer the matter to the planning commission within thirty (30) days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in section 25-24-5. The decision shall be in writing and mailed to the applicant.

If the application for reasonable accommodation involves another discretionary decision, the reviewing body for that decision shall accept as final the determination regarding reasonable accommodation by the development services director or an appointed designee, unless the reasonable accommodation request has been referred by the development services director or an appointed designee to the planning commission for consideration.

If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions, or deny the application shall be rendered within twenty (20) working days after the close of the public hearing, based on the findings set forth in section 25-24-5. (Ord. #1660, §2 (Exh. 2))

25-24-16 FINDINGS AND DECISION:

A. Any decision on an application under this division shall be supported by written findings addressing the criteria set forth in this subsection. An application under this division for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

6. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.

B. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A of this section. (Ord. #1660, §2 (Exh. 2))

25-24-17 APPEAL DETERMINATION:

Any decision on an application under this division shall be subject to appeal pursuant to section 25-100-6. (Ord. #1660, §2 (Exh. 2))

Division III. Emergency Residential Shelters And Transitional Housing

25-24-18 PURPOSE:

This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless. (Ord. #1659, §2 (Exh. 1))

25-24-19 DEFINITIONS:


EMERGENCY SHELTER:	An emergency residential shelter is a building where emergency temporary lodging is provided to families and/or individuals that for various reasons have lost the ability to house themselves, or for people in need during emergency situations such as cold weather, storms or natural disasters, as well as victims of social misfortunes such as domestic violence, and where on-site supervision is provided whenever such shelter is occupied.
SINGLE-ROOM OCCUPANCY (SRO) HOUSING:	Single-room occupancy (SRO) housing, also known as an efficiency unit, means housing consisting of single-room dwelling units typically with no more than four hundred (400) square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). An accessory structure such as a garage, storage room, play room, pool house or rumpus room does not qualify as an SRO.
SUPPORTIVE HOUSING:	“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist 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.
TRANSITIONAL HOUSING:	“Transitional housing” and “transitional housing development” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. (Ord. #1659, §2 (Exh. 1))

25-24-20 EMERGENCY SHELTER STANDARDS AND REGULATIONS:

Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

A. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by right and minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in article 130.

B. The facility shall operate on a first-come, first-served basis with clients only permitted on site and admitted to the facility between six o’clock (6:00) P.M. and seven o’clock (7:00) A.M. during Pacific Daylight Time, and five o’clock (5:00) P.M. and seven o’clock (7:00) A.M. during Pacific Standard Time. Clients must vacate the facility by eight o’clock (8:00) A.M. and have no guaranteed bed for the next night. A curfew of ten o’clock (10:00) P.M. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

C. To avoid overconcentration of emergency shelter facilities, a minimum distance of three hundred feet (300') shall be maintained from any other emergency shelter, as measured from the property line.

D. Emergency shelters shall not be located within one thousand feet (1,000') of a public or private school (preschool through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in article 200 (Definitions) and as measured from the property line.

E. Service providers shall provide sufficient numbers of male and female toilets – restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

F. Any outdoor storage, including, but not limited to, items brought on site by clients for overnight stays shall be screened from public view by a minimum six-foot (6') tall decorative wall or fence. Pets and shopping carts are not permitted on site.

G. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

H. Facility improvements shall comply with the Lynwood Municipal Code and the most current adopted building and safety code, specific to the establishment of dormitories, and shall additionally provide:

1. A minimum of one toilet for every eight (8) beds per gender.

2. A minimum of one shower for every eight (8) beds per gender.

3. Private shower and toilet facility for each area designated for use by individual families.

I. An emergency shelter facility shall provide off-street parking at the ratio of one space per four (4) beds, and/or one-half (0.5) space per bedroom designated as a family unit with children, plus one space per staff member. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

J. Bike rack parking shall be provided at the facility.

K. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of section 25-65-8D.

L. The facility may provide the following services in a designated area separate from sleeping areas:

1. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot (6') tall visually screening decorative wall or fence.

2. A counseling center for job placement, educational, health care, legal services or mental health services.

3. Laundry facilities to serve the number of clients at the shelter.

4. Kitchen and dining area.

5. Client storage area.

M. Similar types of facilities to address the needs of homeless clients, as determined by the development services director. A shelter management plan shall be submitted as a part of the permit application, which addresses all of the following:

1. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project.

2. A minimum of one staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety, plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code section 290.

3. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.

4. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Lynwood.

5. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one hundred twenty (120) days in a three hundred sixty-five (365) day period.

6. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.

7. Service providers shall provide a minimum of one private security personnel during all hours of operation. Before selection of the private security company, a service provider shall consult with the Los Angeles County sheriff’s department, Century Station.

8. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income including referrals to outside assistance agencies. An annual report on this activity will be provided to the city.

9. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24) hour period.

10. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public.

11. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Readmittance policies for clients who have previously been expelled from the facility shall also be established.

12. Alcohol and illegal drug use is prohibited on site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs.

13. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

14. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

15. On a monthly basis, provide an updated list of emergency shelter residents to the sheriff's department.

16. All graffiti on the premises shall be removed by the business operator within twenty-four (24) hours.

17. Installation of anti-loitering signs.

18. If there is conflict between code requirements, the most restrictive one shall apply.

N. The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to city inspections prior to the commencement of operation. In addition, the city may inspect the facility at any time for compliance with the facility’s management plan and other applicable laws and standards.

O. Emergency shelter operator shall obtain a city business license. (Ord. #1659, §2 (Exh. 1))

25-24-21 SINGLE-RESIDENT OCCUPANCY (SRO) STANDARDS AND REGULATIONS:

Transitional housing, including efficiency residential units, also known as single-resident occupancy (“SRO”), shall be subject to and comply with the following standards and regulations.

1. Each SRO facility shall comply with all applicable development standards for the applicable zoning district and minimum standards contained herein below.

2. Units shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.

3. Each unit shall accommodate a maximum of two (2) persons.

4. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of section 25-65-8D.

5. Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every twenty (20) units or fractional number thereof, with at least one washer and dryer per floor, which shall be enclosed.

6. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.

7. Each unit is required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.

8. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty inches (30") in front.

9. Each SRO (efficiency) unit shall have a separate closet.

10. SRO (efficiency) units shall comply with all requirements of the California Building Code and all other codes. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

11. An SRO (efficiency) unit project shall not be located within five hundred (500) feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

12. An SRO (efficiency) unit project with ten (10) or more units shall provide on-site management. A project with less than ten (10) units may provide a management office off site.

13. Tenancy of SRO (efficiency) units shall not be less than thirty (30) days and maximum period of twelve (12) months.

14. SRO (efficiency) unit parking shall be provided as follows:

a. One uncovered parking space for every three (3) SRO (efficiency) units.

b. Two (2) uncovered parking spaces for an on-site manager unit.

c. Each efficiency unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit.

15. Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per article 150. (Ord. #1659, §2 (Exh. 1))

25-24-22 NOTIFICATION:

In addition to the notification required by the Lynwood Municipal Code, representatives of the sheriff’s department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project. (Ord. #1659, §2 (Exh. 1))