The purpose of this is to comply with the requirements of state law under California Government Code Section 65583.

(Ord. No. 248, § 7, 8-27-2014)

Emergency shelters are permitted by right in the institutional district as an allowed use, subject to the location restrictions identified in this section. With respect to use permit applications, the town shall set the matter for public hearing within thirty (30) days of receiving a complete application. An emergency shelter shall not be located within three hundred (300) feet of any other existing emergency shelter.

(Ord. No. 248, § 7, 8-27-2014)

In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters and each emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of an institutional facility as otherwise provided in this Code.

A.

Facility compliance with applicable state and local standards and requirements. Any program incidental to the emergency shelter shall comply with all required federal, state and local licensing. No individual or household may be denied emergency shelter because of an inability to pay.

B.

Physical Characteristics. Facilities shall comply with the following standards:

1.

All applicable state and local uniform housing and building code requirements shall apply.

2.

On-site security shall be provided during all hours when the shelter is open.

3.

Exterior lighting on pedestrian pathways and parking lot areas shall be provided on the property. Lighting shall be downward-directed and reflect away from residential areas and public streets.

4.

Secure areas shall be provided for personal property.

5.

If the emergency shelter is proposed in conjunction with an institutional facility, the area utilized for emergency shelter facilities may not exceed fifty (50) percent of the total floor area used for the religious, college or institutional facility.

C.

Limited Number of Beds per Facility. Emergency shelters shall not exceed twenty (20) beds.

D.

Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period.

E.

Parking. The emergency shelter shall provide on-site parking that is sufficient to accommodate all staff working in the emergency shelter.

F.

Emergency Shelter Management. A management plan shall be submitted to, and approved by, the planning department, building department, and Moraga-Orinda Fire District (MOFD) prior to operation of the emergency shelter. The management plan shall address management experience, good neighbor issues, transportation, client supervision, client services, and food services and shall include a floor plan that demonstrates compliance with the physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning department, building department, and Moraga-Orinda Fire District (MOFD) with updated information for review and approval. The town council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

(Ord. No. 248, § 7, 8-27-2014; Ord. No. 316, § 6, 6-25-2025)