Chapter 18.58
EMERGENCY SHELTER OVERLAY ZONE
Sections:
18.58.060 Emergency shelter permit requirement.
18.58.080 Permit requirements.
18.58.100 Development and operational standards.
18.58.010 Purpose.
It is the intent of this chapter to provide for adequate development and operational standards to ensure appropriate housing and services for special needs populations are met. This chapter establishes an emergency shelter overlay zone within the existing heavy industrial district that shall be subject to the regulations set forth for the heavy industrial district zone as well as the regulations and requirements of this chapter. This chapter identifies an acceptable zone, in compliance with Senate Bill 2, where an emergency homeless shelter may be established without the need of a conditional use permit. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).
18.58.020 Definitions.
“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (as defined by California Health and Safety Code Section 50801(e)).
“Emergency shelter overlay zone” shall mean the parcels north of Sperry, west of S. 4th Street, and south of C Street.
“Habitable room” shall mean any room that meets adopted building code requirements for a habitable room, including minimum room proportions, minimum egress requirements, and minimum standards for lighting, ventilation, and electricity.
“Heavy industrial district” shall mean areas with industrial parks, warehouses, manufacturing, public and quasi-public uses, and similar and compatible uses as defined in Chapter 18.96. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).
18.58.040 Location.
The city identifies the parcels of land north of Sperry, west of S. 4th Street, and south of C Street, as the acceptable zone for permitting the establishment of an emergency homeless shelter without requiring a conditional use permit.
This area is located within the zone designated as a “heavy industrial district.” The city amends the zoning code to create an overlay zone located exclusively on the parcel described above. An emergency shelter is a permitted use in this overlay zone. In addition to requirements set forth concerning heavy industrial districts, emergency shelters are subject to the requirements stated in this section. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).
18.58.060 Emergency shelter permit requirement.
Prior to operating an emergency shelter, a nondiscretionary permit shall be obtained and all other applicable local, state and federal laws, regulations and codes shall be met. The approval shall be specific to a location and shall not be transferable to any other location. The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the shelter is to be located. The permit shall be recorded on the property and shall run with the land. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).
18.58.080 Permit requirements.
A. Once an application has been accepted as complete, the community development director or designee shall take action within thirty days.
B. Once an application has been accepted as complete, the community development director or designee shall refer the permit application to city departments and any other agencies deemed appropriate by the community development director.
C. In considering an application for a permit pursuant to this section, the application shall meet all of the following standards:
1. The application shall be for an “emergency shelter” as defined in the California Health and Safety Code Section 50801(e).
2. The property must be located within the emergency shelter overlay zone.
3. Emergency shelter facilities shall comply with all federal and California state licensing requirements.
4. Emergency shelter facilities shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.
5. Maximum Number of Beds. No more than twenty-five beds shall be provided in any single emergency homeless shelter facility. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).
18.58.100 Development and operational standards.
Emergency shelter facilities shall comply with all standards provided in this chapter.
A. Development Standards.
1. Location and Separation.
a. Emergency homeless shelter facilities shall be located in an emergency shelter overlay zone.
b. All shelter programs must be situated no less than three hundred feet from any other similar shelter program.
2. Physical Characteristics.
a. The maximum number of beds for emergency and transitional housing shall be twenty-five.
b. Smoke detectors, approved by the Patterson fire chief, must be provided in all sleeping and food preparation areas.
c. The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.
d. The size of an emergency facility shall be in character with the surrounding neighborhood.
e. The facility shall have at least one room, which has one hundred twenty square feet of floor area. Other habitable rooms shall have an area not less than seventy square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.
B. Operational Standards.
1. If located within one hundred fifty feet of a residential zoning district, all outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.
2. If the program includes a drug or alcohol abuse counseling component, appropriate state and/or federal licensing shall be required.
3. Adequate lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and reflected away from adjacent uses.
4. Off-street parking shall be provided at a rate of one vehicle parking space per employee/volunteer plus one vehicle parking space for every ten beds.
5. Adequate management, support staff and security must be present during the hours of operation of the facility. A minimum of one supervisory level staff member must be present on the site during hours of operation. Management staff must make best efforts to ensure that loitering does not occur on the property during off-hours and must ensure that clients are not creating a nuisance to the neighborhood.
6. A security guard/officer must be provided during the intake period. The shelter shall have set hours of operation and the hours shall be posted in a publicly visible and accessible location.
C. Management Plan.
1. The shelter shall prepare and file with the city a management plan that includes but is not limited to:
a. A resident identification process;
b. Timing and placement of outdoor activities;
c. Standards governing expulsions;
d. Hours of operation and standard lights-out;
e. Loitering control;
f. Policies regarding safety and security.
D. Shelter Approval.
1. The city shall not deny an emergency shelter proposed in the appropriately designated zone unless it makes findings that:
a. The city has met or exceeded the need for emergency shelters in its community.
b. The emergency shelter would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this subsection, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
c. The denial of the shelter or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.
d. The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
e. The emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with California Government Code Section 65588 that is in substantial compliance with state law.
E. Severability. In the event that any portion of this chapter is rendered or declared invalid, the remaining portions of this chapter shall remain in full force and effect. (Ord. 782 (part), 2015: Ord. 736 (part), 2012).