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HomeMy WebLinkAboutORD 06-12 Homeless Shelters in M-1 and M-2 Zoning DistrictsORDINANCE NO. 06 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO ALLOW HOMELESS SHELTERS IN THE M -1 AND M -2 ZONING DISTRICTS, SUBJECT TO CERTAIN DEVELOPMENT STANDARDS AND REQUIREMENTS. APPLICANT: CITY OF ORANGE WHEREAS, the State of California Legislature passed Senate Bill (SB) 2 (effective January 1, 2008) modifying State Housing Element law to require local planning and zoning regulations to facilitate homeless shelters; and WHEREAS, the City's 2008 -2014 Housing Element was adopted on April 13, 2010 and, pursuant to State law, included Housing Element Policy Action No. 30 addressing SB 2 requirements; and WHEREAS, Housing Element Policy Action No. 30 commits the City to analyze and amend its Zoning Ordinance to allow homeless shelters by right in at least one zoning district, in a manner that provides sufficient capacity to meet the homeless need in the community; and WHEREAS, the City recognizes that there is a homeless population in Orange; and WHEREAS, homeless shelters provide an immediate and short-term housing option for the homeless and also can provide referral services to programs aimed at longer -term solutions; and WHEREAS, the City held Stakeholders Meetings with local homeless services providers on February 1, 2011 and on November 3, 2011; and WHEREAS, homeless shelters are currently not defined or otherwise explicitly permitted in the Orange Municipal Code; and WHEREAS, the City desires to provide opportunities for the development of homeless shelters pursuant to State law, but also desires that such facilities are sited in appropriate locations in the community; and WHEREAS, zoning and development standards play a critical role in ensuring that homeless shelters are located appropriately and developed in a manner that maintains the character of existing neighborhoods and business districts; and WHEREAS, in order to comply with State law and to ensure that the City's zoning ordinance accurately reflects the City's land use policy for homeless shelters, the City finds it necessary to amend its zoning ordinance; and WHEREAS, the Planning Commission, having considered the proposed changes to the Orange Municipal Code contained herein at a public hearing held on February 6, 2012, including review of the staff report and receiving public testimony on the item, has determined that the proposed amendment is justified and recommends approval thereof, and WHEREAS, the City Council having conducted a public hearing on March 13, 2012 including review of the staff report and receiving public testimony on the item, has determined that the proposed amendment is justified and approves thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.024, "H" Definitions, of the Orange Municipal Code is hereby amended to add the following definition: HOMELESS SHELTER — A building that provides immediate and short-term overnight sleeping accommodations for homeless persons or families, with limited onsite supporting services. No person or family may be denied shelter at this facility due to the inability to pay. Temporary shelters established in response to an emergency or disaster (such as flood, fire or cold - weather occurrences), or temporary shelters ancillary to a church use do not fall within this definition. Notwithstanding, these uses shall comply with Federal, State and local regulations as applicable." SECTION II: Section 17.20.030, Permitted Uses, of the Orange Municipal Code is hereby amended, modifying Table 17.20.030, Industrial Use Regulations, to add "Homeless Shelter" to the list of "Miscellaneous" uses to appear before "Hot Dog Vending Cart", as follows: USES M1 M2 Miscellaneous Homeless Shelter P*P* SECTION III: Section 17.20.050, Special Use Regulations, of the Orange Municipal Code is hereby amended, adding a new subsection "H" as follows and re- labeling the existing subsections that follow "I" through "L" accordingly: 2 H. Homeless Shelter. Facilities meeting the definition of a Homeless Shelter pursuant to Orange Municipal Code Section 17.04.024 are permitted uses, subject to the requirements listed below and the development standards of the underlying zoning district. 1. Homeless Shelters shall be located at least 500 feet from any residential use or residentially -zoned property, public or private park, or public or private kindergarten through 12 grade curriculum school, as measured from the closest property line. In addition, Homeless Shelters shall be located at least 300 feet from any other Homeless Shelter, as measured from the closest property line. Homeless Shelters shall be located within '/z -mile of a transit stop. 2. Overnight occupancy shall be limited to 1 bed per 70 square feet of sleeping area and shall be in accordance with Building Code requirements. Maximum occupancy per facility shall be limited to 100 beds or less. For purposes of determining maximum occupancy, one shelter client per bed is assumed. 3. Services and Facilities shall be provided for Homeless Shelters as follows: a. A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area may be indoors or outdoors. If outdoors, the location shall not be adjacent to the public right of way, shall be visually screened, and shall provide protection from the sun/rain. b. The facility shall provide a sleeping area, and separate restrooms and showers for males and females. A minimum of one (1) restroom and one (1) shower for every 20 clients shall be provided, and shall comply with Building Code requirements. c. Other on -site services that are permitted include: i. Laundry facilities. ii. Kitchen, food preparation, and dining areas. iii. Storage areas to secure client belongings. iv. A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to identify the areas in which assistance is needed, and connecting clients with appropriate off -site programs and services depending on their need. V. Other similar services for homeless clients, as determined by the Community Development Director. Other services may be permitted, conditionally permitted or not permitted based on OMC Table 17.20.030. For uses that are not listed in OMC Table 17.20.030, the Community Development Director has the authority to make the determination per OMC Section 17.20.040. All services shall be provided within the shelter building. 4. Prior to occupancy, a written Operational Plan for the facility shall be submitted to the Community Development Director for approval. If Site Plan Review and /or Design Review applies, then the Operational Plan should be submitted and reviewed concurrently with those applications. The Operational Plan shall contain the name, address, phone number and driver's license number of the owner, operator, and facility manager; and specific procedures for complying with the following requirements: 3 a. Length of Stay /Hours of Operation. Clients shall use the facility between the hours of 5:00 p.m. and 9:00 a.m. Clients must vacate the facility each morning. Clients shall not use the facility for more than 45 nights within a 120 day period. A curfew of 10 p.m. or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew. b. Staff and Training. The Plan shall describe the staffing plan and required staff training programs. A minimum of two staff persons shall be on duty when the facility is open, with additional staffing as needed to ensure a secure facility and reasonable operations. One staff member for every 25 beds is recommended. Facility staff shall be trained in operating procedures, safety plans, and assisting clients with referral services. 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. The Plan shall describe procedures for ensuring shelter staff meet these requirements. c. Safety and Security. The Plan shall describe facility rules and procedures for maintaining a safe environment within and outside of the shelter, including the following: i. The facility shall establish and enforce a strict code of conduct. Facility rules shall prohibit weapons and the use, sale or distribution of alcohol or illegal drugs. Shelter clients shall not be allowed to congregate, loiter, or queue in the public right of way outside of the facility at any time. ii. Procedures shall be established for designating and securing separate areas within the facility for male, female, and family shelter clients. iii. Procedures shall be established for client intake. The facility shall screen incoming clients for compatibility with the facility type and shall maintain a client roster or other system of identifying and tracking incoming clients. During intake, basic client information shall be collected including name, last physical address, Driver's License or other identification number (if available), and whether or not the person has been convicted of a felony or is required to register as a sex registrant under Penal Code Section 290. The roster shall be provided to the Orange Police Department on a quarterly basis. No more than one (1) person who is required to register as a sex registrant under Penal Code Section 290 shall be allowed stay at the facility at any one time. iv. Procedures shall be established for responding to emergencies and incidents including expelling clients from the facility. Re- admittance policies for clients who have previously been expelled from the facility shall also be established. V. Procedures shall be established for securing client belongings. Of the staff required to be onsite, at least one staff person dedicated solely to shelter security shall be on duty when the facility is in use. Depending on facility size and operations, additional security personnel may be required. 11 d. Facilities shall be maintained in good working order. Indoor and outdoor use areas shall be clean and orderly. Litter shall be removed in and around the facility in a timely manner. e. A "good neighbor policy" shall be established whereby clients are instructed to be considerate of neighbors and refrain from behavior that is disruptive to the surrounding community. The Operational Plan shall include a written protocol for ongoing communications with the City and the surrounding neighborhood, and for responding to neighborhood complaints. f. The shelter shall give priority for shelter accommodations and services to individuals with connections to the Orange community. Approval of the Operational Plan will be considered by the Community Development Director in consultation with the Orange Police Chief. The approval is ministerial and shall be denied if the facility does not meet the standards in this section. If already issued, the approval shall be revoked if the facility is found to be out of compliance with the standards in this section or its approved Operational Plan. Appeals of the Community Development Director's decision may be requested, in accordance with OMC Section 17.08.050. 5. Exterior security lighting shall be provided. Building lighting shall comply with the City's Building Security Ordinance No. 7 -79, OMC Section 15.52.090 J. 2. Parking lots shall be lit in compliance with OMC Section 15.52.090 J. 3. 6. Required Off - street Parking and Bike Racks. One parking space per six beds, plus one space per staff person. Parking stalls shall be striped and bike racks shall be provided as specified in OMC Section 17.34. 7. The facility shall comply with all other laws, rules and regulations that apply, including Building and Fire codes and shall be subject to City inspections prior to Operational Plan approval. In addition, the City may inspect the facility at any time for compliance with the facility's Operational Plan and other applicable laws and standards. 8. Minor Site Plan Review Required. Minor Site Plan Review is required if the project meets the criteria established in OMC Section 17.10.060 D or E. The Community Development Director's discretion in requiring conditions of approval and approving homeless shelters under Minor Site Plan Review is limited to ensuring that the site plan complies with applicable site design - related standards. 9. Design Review Required. Design Review is required if the project meets the criteria established in OMC Section 17.10.070. DRC's discretion in requiring conditions of approval and approving homeless shelters is limited to ensuring compliance with applicable design - related standards and guidelines. 5 SECTION IV: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. CF.f TInN V- A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after its passage in a newspaper of general circulation in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. ADOPTED this 27 day of March, 2012. ATTEST: Mary E rp ity Clerk, City ge no STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13 day of March, 2012, and thereafter at the regular meeting of said City Council duly held on the 27 day of March, 2012, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Bilodeau, Dumitru NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E. ity Clerk ange 7