Encinitas City Zoning Code
CHAPTER 30
36 EMERGENCY SHELTERS
§ 30.36.010 Purpose.
The purpose of this chapter is to provide standards and guidelines for Emergency Shelters as defined by Encinitas Municipal Code Section 30.04.010 and as required by state law and to ensure that emergency shelters are developed in a manner that protects the health, safety, and welfare of those staying in the shelters and nearby residents and businesses.
(Ord. 2019-01)
§ 30.36.020 Standards for Emergency Shelters.
Emergency shelters are permitted in the Light Industrial (LI) and Business Park (BP) zones without discretionary review (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (Citizen Participation Plans) and the California Environmental Quality Act if in compliance with each of the standards listed in this section. However, emergency shelters are subject to the California Coastal Act. Each emergency shelter shall comply with the following standards:
A.
The emergency shelter must comply with all objective development standards within Encinitas Municipal Code Chapter 30.24 Light Industrial Zones, as applicable to its respective zone. However, if a conflict exists between the standards of Chapter 30.24 and the standards in this section, the standards of this section shall prevail.
B.
The emergency shelter shall be located a minimum distance of 299 feet from another emergency shelter, with said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities.
C.
The number of beds permitted for each emergency shelter facility shall not exceed 45.
D.
The maximum length of stay by an individual in an emergency shelter shall not exceed six months in any consecutive 12-month period. No individual shall be denied emergency shelter because of inability to pay.
E.
Signage must meet standards set forth in Encinitas Municipal Code Chapter 30.60 Signs.
F.
If the site on which an emergency shelter is proposed to be located contains hazardous materials, remediation must be completed to a residential use standard before the site can be used for an emergency shelter.
G.
Off-street parking requirements shall comply with Encinitas Municipal Code Chapter 30.54 Off-Street Parking for industrial uses, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Development Services Director.
H.
Bicycle parking shall be provided at a rate of one per five beds.
I.
The shelter shall be fully accessible to persons with a mobility impairment and those with a hearing or visual impairment.
J.
Each emergency shelter facility shall include an on-site interior client intake and waiting area of 10 square feet per bed. If an exterior waiting area is also provided, it shall be enclosed or screened from public view and adequate to prevent obstruction of the public right-of-way and required parking and access. No use permit shall be required for any outdoor use, including, without limitation, exterior waiting areas and exterior refuse areas, that are in conformance with the standards of this Chapter 30.36,
K.
The emergency shelter shall include an exterior refuse area screened from view.
L.
Lighting must meet standards for Light Industrial Zones set forth in Encinitas Municipal Code Section 30.24.010(H).
M.
Prior to the issuance of a certificate of occupancy or commencement of use of an emergency shelter, a written plan for operation of the facility shall be submitted for the review and written approval of the Development Services Director. The required plan shall include measures to address all of the following:
1.
At least one facility manager shall be on-site at all hours the facility is open and one hour prior to and after shelter operating hours. At least one full-time equivalent employee (who may include the facility manager) shall be required to be on-site during shelter operating hours for every 20 beds in the shelter.
2.
A set of facility rules and procedures for maintaining a safe environment within and outside the emergency shelter.
3.
The posting of signage regarding rules of the emergency shelter.
4.
Secure storage areas for personal possessions.
5.
Description and hours of any organized outdoor activities, to be limited to 8:00 a.m. to 7:00 p.m.
6.
The procedures for admittance and discharge of clients.
7.
Staff training programs.
8.
Referral services and distribution of resources available to clients for obtaining permanent shelter, mental and physical health care, career development, and educational, legal, and other supportive services.
9.
Neighborhood outreach and communication strategies.
10.
The manner in which the cleaning of client's clothing will be accommodated. On-site laundry facilities for clients are encouraged.
11.
The following services may be provided for the exclusive use or benefit of the shelter residents. If any are provided, the operation plan shall include a description of those services:
(a)
Childcare services, and evidence that any required state license has been secured;
(b)
Substance abuse counseling and evidence that any required state license has been secured;
(c)
Standards, rules, and operational arrangements covering on-site meal preparation and/or other means of providing food; and
(d)
The manner in which clients' pets will be accommodated.
(Ord. 2019-01; Ord. 2019-23)
