Home > 20 > 49

Title: 20 - Zoning

Chapter: 49 - ES District- Emergency Shelter Combining District

Section: 30 - Regulations Special

As used in this ordinance, "Emergency Homeless Shelter" means a building, structure or group of structures under single management that provide temporary, short-term emergency housing for individuals or families. An Emergency Homeless Shelter is typically managed by a non-profit or group of non-profits, a church or group of churches, by other agencies, by volunteers or by a combination thereof. Beds in an emergency shelter are generally provided dormitory-style, and any meals are typically served and eaten as a group. Those using the facility shall be transient occupants and the length of stay is not more than six (6) days, and is typically less.

 

The following performance standards shall apply to Emergency Homeless Shelters:

 

A.        Property Development Standards. The shelter for the homeless shall conform to

all property development standards of the base Zone District except as modified

by these performance standards.

B.        The lodgers shall retain a right of access to and control of the premises and offer

all the services provided for in California Civil Code section 1940(b)(2) so that       the transient occupants do not become "tenants" with the rights afforded tenants

under the California Civil Code.

C.        The lodgers shall adopt and use good faith efforts to enforce its rules and

screening processes to assist in the minimization of sexual predation and physical

danger to the ether homeless in the Emerge-ncy Homeless Shelter:

D.        Maximum Number of Persons/Beds. The entire facility shall accommodate no

more than 12 transient emergency shelter occupants per night.

E.         Lighting. Adequate external lighting shall be provided for security purposes. The

lighting shall be in compliance with Section 20.48.050 which requires that

lighting be directed away from adjacent properties and public rights-of-way, and

of an intensity compatible with the neighborhood.

F.         Laundry Facilities. The development shall provide laundry facilities adequate for

the number of residents.

G.        Common Facilities. The development may provide one or more of the following

specific common facilities for the exclusive use of the residents:

1. Central cooking and dining room(s).

2. Recreation room.

 

H.        Security. Parking facilities shall be designed to provide security for residents,

visitors, and employees.

I.          Off Street Parking. Off-street parking for homeless shelters shall be subject to

requirements set forth in Section 20.46.020.T.

J.          Outdoor Activity. For the purposes of noise abatement, outdoor activities may

only be conducted between the hours of 8:00 a.m. to 10 p.m.

K.        Concentration of Uses. No more than one shelter for the homeless shall be

permitted within a radius of 300 feet from another such shelter.

L.         Refuse. The proposed Emergency Homeless Shelter shall provide a refuse

storage area that is completely enclosed with masonry walls not less than five

(5) feet high with a solid-gated opening that is large enough to accommodate a

standard-sized trash bin adequate for the parcel.

M.        Shelter Provider. The lodger operating the shelter shall comply with the

following requirements:

1. Temporary shelter shall be available to residents for no more than 6 days.

Extensions up to a total stay of 20 days may be provided if no alternative

housing is available.

2. Staff and services shall be provided to assist residents to obtain permanent

shelter and income.

3. The lodger shall not unlawfully discriminate in any services provided.

4. The lodger shall not require participation by residents in any religious or

philosophical ritual, service, meeting or rite as a condition of eligibility.

5. All conditions requiring permits or approval from a regulatory agency (e.g.

building permit, sign off from County Environmental Health Dept., sign off

from Fire Chief of the Crescent Fire Protection District etc.) shall be

completed prior to use of the facility as an Emergency Homeless Shelter,

Any use of the facility as an emergency shelter prior to satisfaction of the

conditions will result in enforcement of the County Zoning Ordinance by the

County\'s Code Enforcement Division,

6. Prior to any Emergency Homeless Shelter operations, the lodger shall submit

a separate plan check submittal to the Crescent Fire Protection District for

their review and approval. Any items required to comply with the California

Fire Code must be completed to the satisfaction of the Fire Chief prior to

transient occupancy of the facility,

7. All bedding and overnight sleeping accommodations shall be continuously

provided to emergency shelter clients to the satisfaction of the Building

Inspection Division and the Environmental Health Department,

8. A minimum floor area allowance per occupant shall be 50 gross square feet

as defined in the 2007 California Building Code for the dormitories function of

space (Table 1004.1.1);

9. Exit signs with battery backup which must be installed at each exit;

10. Smoke alarms must be installed and maintained on the ceiling or wall outside

of each separate sleeping area in the immediate vicinity and in each room

used for sleeping purposes;

11. Individual sleeping units and contiguous attic and crawl spaces must be

separated from each other and public or common areas by at least 1-hour

fire partitions;

12. Draft stopping shall be provided in attics, mansards, overhangs or other

concealed roof spaces;

13. No loud noises shall be permitted on the subject site any time. The lodger

shall prevent loitering, disruptive behavior and loud noises on the Emergency

Homeless Shelter and the public rights-of-way abutting the subject site.

 

14. The Emergency Homeless Shelter shall be maintained in a neat, quiet, and

orderly condition and operated in a manner so as not to be detrimental to

adjacent properties and occupants. This shall encompass the maintenance of

exterior facades of the building, designated parking areas serving the shelter

and the perimeter of the site. Any new signage would require a sign and/or

building permit reviewed and approved by the County Building Inspection

and Planning Divisions;

15. The lodger shall allow periodic re-inspections, at the discretion of the County

agencies regulating the project and the Fire Chief of the Crescent Fire

Protection District, to verify compliance. At a minimum, the County shall

inspect the facility on an annual basis or whenever a complaint is received.

If violations are found to exist, the applicant/operation shall be given a set

period of time as requested by the appropriate regulatory agency to bring the

facility into full compliance.

16. The applicant shall submit a Security Plan for the review and approval of the

County Sheriff prior operation of the emergency homeless shelter. The Plan

shall include the following items as requested by the Sheriff:

i. Staff shall be present at the site to monitor the operation of the

shelter;

ii. Staff shall be mandated reporters for cases of abuse both physical

and sexual;

iii. Access to the County for public safety inspections or investigations by

law enforcement must be made available; and

iv. No unlawful conduct involving alcohol, drugs or drug paraphernalia

shall be allowed.

 

(Ordinance 2011-001, 2011)