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Pacifica City Zoning Code

ARTICLE 53

- Emergency Shelters

Sec. 9-4.5300.- Purpose and intent.

The purpose of this article is to provide for the development of emergency shelters in compliance with the requirements of State law including, but not limited to, California Government Code section 65583.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5301. - Definitions.

The following definition shall apply to this article:

(a)

"Emergency shelter" shall mean housing with minimal supportive services that is limited to occupancy of up to six (6) months by persons who are homeless, victims of domestic violence, individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.), or other persons requiring temporary housing. Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5302. - Location of emergency shelters.

An emergency shelter shall be a permitted or conditional use allowable in the C-2 (Community Commercial) zoning district, as set forth in Section 9-4.5304 below, subject to the standards identified in this article.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5303. - Development regulations.

An emergency shelter shall conform to all development regulations of the zoning district in which it is located, except for the off-street parking requirement, which is set forth in Section 9-4.2818. A modification to a development regulation of the underlying zoning district may be permitted subject to approval of a use permit by the Planning Commission. Design standards for parking areas shall be consistent with Section 9-4.2817.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5304. - Performance standards.

In addition to the development standards set forth in Section 9-4.5303 above, an 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.

A.

Facility requirements and operation. Each operator of an emergency shelter shall have a written management plan that uses best practices to address the housing needs of those using the shelter. The written management plan shall address the performance standards in this section.

B.

Emergency shelter management. Emergency shelters shall provide on-site personnel during hours of operation when individuals who are utilizing the emergency shelter are present. The plan shall include procedures for screening residents to ensure compatibility with services provided at the facility.

C.

Waiting and client intake areas. The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way. Emergency shelters shall provide 10 square feet of interior waiting and client intake space per bed. Waiting and client intake areas may be used for other purposes as needed when client intake is not in progress.

D.

Number of beds or persons per facility. An emergency shelter with up to twenty (20) persons or beds shall be a permitted use in the zoning district(s) identified in Section 9-4.5302. An emergency shelter with twenty-one (21) to thirty (30) persons or beds shall be a conditional use requiring approval of a use permit in the zoning district(s) identified in Section 9-4.5302.

E.

Limited terms of stay. The maximum term of stay for any individual at an emergency shelter is up to six (6) months.

F.

Security. The emergency shelter shall have at least one on-site security personnel during all hours when it is in operation.

G.

Storage. Each emergency shelter shall provide secure areas for personal property adequate for the number of individuals served on a daily basis. No personal property of facility occupants may be stored outside of an enclosed structure.

H.

Compliance. The emergency shelter shall comply with applicable State and local uniform housing and building code requirements, and State and Federal laws (e.g. biological resources, paleontological resources, wetlands, hazardous materials storage and disposal, and other resources) as required.

I.

Lighting. The emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

J.

Coordination. The operator shall establish a liaison staff to coordinate with City staff and police, school district officials, local businesses, and residents on issues related to the operation of the facility.

K.

Other amenities. The emergency shelter shall include other amenities as may be required that are consistent with the state's provisions for emergency shelter, as determined by the Planning Director or designee prior to or concurrent with compliance plan review.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5305. - Compliance plan review procedures.

Every operator of an emergency shelter shall prepare and submit for review and approval a compliance plan demonstrating how the facility will comply with the requirements of this Article prior to occupancy of the facility.

1.

Application. A request for compliance plan review shall be made in writing by the operator of the emergency shelter on a form prescribed by the Planning Director. The application shall be accompanied by a set of plans, a letter of explanation describing the details of the proposed emergency shelter, and an explanation of how the facility would comply with all requirements of this article. The application for compliance review shall be accompanied by a fee as established by Administrative Policy No. 2.

2.

Compliance Determination. The Planning Director or designee shall make a written determination whether the submitted compliance plan sufficiently demonstrates compliance with the requirements of this article. The determination of the Planning Director is subject to appeal pursuant the provisions of Article 36 of this Chapter.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)

Sec. 9-4.5306. - Enforcement.

The City may enforce this article by any means permitted by law, including, but not limited to, those penalty provisions set forth in Chapter 2 of Title 1 of this Code. The City Council may establish fines for violating this article by resolution.

(§ 3, Ord. No. 894-C.S., eff. January 10, 2024)