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ORD 03-19 Homeless Shelter Separation Requirements and Max Bed CountORDINANCE NO. 03-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO MODIFY HOMELESS SHELTER SEPARATION REQUIREMENTS AND MAXIMUM BED COUNT IN THE M-1 AND M-2 ZONING DISTRICTS. APPLICANT: CITY OF ORANGE WHEREAS, the City Council of the City of Orange has previously adopted a comprehensive Ordinance, to be codified in Orange Municipal Code Title 17, pertaining to the location, zoning and development standards applicable to homeless shelters; and WHEREAS, Subsection II of Orange Municipal Code Section 17.13.040 sets forth the Special Use Regulations for homeless shelters, including separation requirements from certain other uses and maximum number of beds allowed; and WHEREAS, the City wishes to clarify the language in the Code regarding the separation requirement between homeless shelters and expand the maximum capacity of homeless shelters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Subsection 1 of Section 17.13.040.II, "Special Use Regulations — Homeless Shelter," of the Orange Municipal Code is hereby amended in its entirety to read as follows: 1. Homeless shelters shall be located at least five hundred (500) feet from any residential use or residentially-zoned property, public or private park, or public or private kindergarten through 12th grade curricultun school, as measured from the closest property line. In addition, homeless shelters shall be located at least two hundred seventy-five 275)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." SECTION II: Subsection 2 of Section 17.13.040.II, "Special Use Regulations — Homeless Shelter," of the Orange Municipal Code is hereby amended in its entirety to read as follows: 2. Overnight occupancy shall be limited to one bed per seventy (70) square feet of sleeping area and shall be in accordance with Building Code requirements. Maximum occupancy per facility shall be limited to one hundred fifty (150) beds or fewer. For purposes of determining ma cimum occupancy, one shelter client per bed is assumed." SECTION III: 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 anci 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. 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 9th day of July 2019. Mark A. Murphy, Mayor, City ange ATTEST: Pamela Coleman, City Clerk, City of Orange Ordinance No.03-19 2 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 l lth day of June 2019, and thereafter at the regular meeting of said City Council duly held on the 9th day of July 2019, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco NOES:COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Pamela Coleman, City Clerk, City of Orange Ordinance No. 03-19 3