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HomeMy WebLinkAboutORD 25-24 HOMELESS SHELTER ORDINANCEORDINANCE NO. 25-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE REGARDING HOMELESS SHELTER REGULATIONS WHEREAS, on March 27, 2012, the City Council of the City of Orange adopted Ordinance No. 06-12 to amend Title 17 to define "homeless shelter" and codify permissible locations, zoning and development standards for homeless shelters within the City, in accordance with Senate Bill 2 ("SB 2") and in compliance with stated goals contained in the City's adopted Housing Element; and WHEREAS, the City Council thereafter amended those regulations to make certain clarifications by Ordinance No. 03-19 in 2019; and WHEREAS, staff is recommending certain changes to Title 17 in order to update regulations regarding to provide additional flexibility for organizations within the City serving the City's homeless populations; and WHEREAS, the Planning Commission, having considered the proposed changes to the OMC at a public hearing held on August 5, 2024, and having received public testimony on the item, determined the proposed ordinance serves the City's best interests and furthers the public health, safety and general welfare and recommends City Council approval thereof; and WHEREAS, the City Council, having considered the proposed changes to the OMC at a public hearing held on August 5, 2024, and having received public testimony on the item, desires to adopt the proposed ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: The definition of"Homeless Shelter"contained in Section 17.04.027 shall be amended to read as follows: Homeless shelter" means 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. As used in this Code, "homeless shelter" shall have the same meaning as emergency shelter,"as contained in State law. Notwithstanding,these uses shall comply with federal, state and local regulations as applicable." SECTION II: Section 17.13.040 (JJ) shall be amended to read as follows: JJ. Homeless Shelter. Facilities meeting the definition of a homeless shelter pursuant to Section 17.04.027 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 12th grade curriculum school, as measured from the closest property line. In addition, homeless shelters shall be located at least 275 feet from any other homeless shelter, as measured from the closest property line. Homeless shelters shall be located within one-half mile of a transit stop. 2. Overnight occupancy shall be limited as follows: a. For shelters serving individuals without children,one bed per minimum of 70 square feet of sleeping area and shall be provided in accordance with Building Code requirements. b. For shelters serving individuals with children under the age of 18,one bed per minimum of 70 square feet of sleeping area shall be provided for the first adult, with one bed per minimum of 50 square feet per adult or child living together as a family in accordance with Building Code requirements. Children under the age of 24 months shall be exempt from the required floor area. c. Maximum occupancy per facility shall be limited to 150 beds or fewer. For purposes of determining maximum occupancy, one shelter client per bed is assumed. d. Pets may be allowed at the discretion of the shelter operator provided that they are contained in a crate. 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 restroom and one 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. 2 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 Table 17.13.030. For uses that are not listed in Table 17.13.030, the Community Development Director has the authority to make the determination per Section 17.13.040. 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: a. Length of Stay/Hours of Operation. i. Clients without children shall be limited to use of the facility between the hours of 5:00 p.m. and 9:00 a.m. Clients must vacate the facility each morning. An exception shall be made for episodes of illness verified by shelter staff. Clients shall not use the facility for more than 90 nights within a 120 consecutive day period. A curfew of 10:00 p.m. or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew. ii. Clients with children shall be limited to use of the facility between the hours of 2:00 p.m. and 9:00 a.m. Clients must vacate the facility each morning. An exception shall be made for public school holidays and seasonal breaks and episodes of illness verified by shelter staff. Clients shall not use the facility for more than a consecutive 120 day period. A curfew of 10:00 p.m.or earlier shall be established and strictly enforced, and clients shall not be admitted after curfew. iii. During episodes of extreme weather including periods of excessive heat, cold, or rain facility operators may allow clients to use the facility outside of standard operating hours provided that the facility maintains its standard staffing. 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 3 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. 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 person who is required to register as a sex registrant under Penal Code Section 290 shall be allowed to 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. 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. 4 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 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, Section 15.52.090(J)(2). Parking lots shall be lit in compliance with Section 15.52.090(J)(3). 6. Required Off-street Parking and Bike Racks. Parking spaces shall be striped and bike racks shall be provided as specified in Chapter 17.34. a. For shelters serving individual adults, one parking space per six beds, plus one space per staff person. b. For shelters serving families with children, one parking space per 12 beds, plus one space per staff person. 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 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 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. SECTION III: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 5 SECTION IV: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty(30) days from and after the date of its final passage. ADOPTED this 24th day of September, 2024. r aniel R. Slater, Mayor, City of Orange EST: Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Mike Vigliotta, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN, 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 10th day of September, 2024, and thereafter at the regular meeting of said City Council duly held on the 24th day of September, 2024 was duly passed and adopted by the following vote,to wit: AYES: COUNCILMEMBERS: Slater,Barrios,Dumitru,Tavoularis, B ilodeau, Gutierrez, Gyllenhammer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS None Pamela Coleman, City Clerk, City of Orange 6