Santa Maria City Zoning Code
CHAPTER 12
53 EMERGENCY SHELTERS
Section 12-53.01 Emergency shelters.
This chapter provides for emergency shelters pursuant to Government Code Section 65583, and in conformance with State of California Health and Safety Code Section 50800-50806.5 as administered by Department of Housing and Community Development under the State of California Emergency Housing and Assistance Program and funded by the State Treasury Emergency Housing and Assistance Fund, as those sections now exist and may hereafter be amended.
(Ord. 2013-04, eff. 6/6/13)
Section 12-53.02 Purpose.
The purpose of this chapter, in accordance with Government Code Section 65583(a)(4), is to encourage and facilitate the establishment of emergency shelters according to objective standards, which will assure that emergency shelters are compatible with the surrounding neighborhood and do not create a public nuisance. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any building or use which violates any City ordinance or any statute of the State of California regarding public nuisances and health and safety, including but not limited to applicable Fire and Building codes.
(Ord. 2013-04, eff. 6/6/13)
Section 12-53.03 Definitions.
"Eligible organization"
means an agency of local government, or a nonprofit corporation, that provides or contracts with community organizations to provide emergency shelter, and receives grant funding under the Emergency Housing and Assistance Program as administered by the California Department of Housing and Community Development.
"Emergency shelter"
means housing with minimal supportive services for homeless persons, and where occupancy by any one homeless person is limited to six months or less within a 12 month period.
"Responsible party"
means any individual, business or entity that is obligated to assure that an emergency shelter complies with the requirements of this Chapter.
"Successful application"
means a submission to the California Department of Housing and Community Development that has resulted in an award of Emergency Housing and Assistance Program grant funding pursuant to State of California Health and Safety Code Sections 50800-50806.5 and Title 25, Section 7967 of the California Code of Regulations, "Grant Selection Process."
(Ord. 2013-04, eff. 6/6/13)
Section 12-53.04 Permitted zoning districts where emergency shelters may be established.
Emergency shelters may be established as a permitted use in the CPO and PF zoning districts. Emergency shelters shall be permitted in the CC, C-1, and C-2 zoning districts subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Emergency shelters shall be subject to the standards of this Chapter, and the development and management standards of those districts contained in this title where emergency shelters are identified as a permitted use.
(Ord. 2013-04, eff. 6/6/13)
Section 12-53.05 Establishment and management of emergency shelters; responsible party; criteria.
Any person who establishes, manages or provides security for an Emergency shelter shall be a responsible party as defined in this Chapter.
(a)
Prior to establishing an emergency shelter in a CPO or PF district, a responsible party shall submit documentation to the Community Development Department that the emergency shelter meets each of the following criteria:
(1)
Proximity to other emergency shelters. The emergency shelter shall not be located on a property within a 300 foot radius of an existing emergency shelter property. The required distance for proximity to other shelters shall be measured using a straight level line, without regard to intervening structures or objects, as follows: The measurement shall start at the closest point of the exterior boundary of the subject emergency shelter property. The measurement shall end at the closest point on the other emergency shelter's exterior property boundary.
(2)
Maximum number of persons/beds. The emergency shelter shall contain a maximum of 40 beds and shall shelter no more than 40 persons.
(3)
Off-street parking. Emergency shelters shall provide 1 parking space for every 10 beds, or 1 space for each residential unit, whichever is greater, plus 1 space for each person staffing the shelter.
(4)
Lighting. Emergency shelters shall provide external lighting as follows:
(A)
The lighting shall be stationary and directed away from adjacent properties and public rights-of-way.
(B)
The lighting shall consist of low intensity, fully shielded, downward directed fixtures, placed uniformly throughout the site to reduce contrast between shadows and illuminated areas.
(C)
A minimum average maintained 0.5 foot-candles shall be maintained throughout the site. Light or glare exceeding 0.5 foot candle shall not be transmitted or reflected to surrounding properties or streets.
(5)
Size and location of exterior and interior on-site waiting and client intake areas. Emergency shelters shall provide on-site waiting and client intake areas. These areas shall either be located internal to the structure, or shall be a designated area fully screened from view of the public right-of-way and neighboring properties.
(6)
On-site management. Emergency shelters shall be managed onsite by individuals designated by an eligible organization, as defined in this Chapter. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include a copy of the eligible organization's successful application, as defined in this Chapter, and shall include the name and contact information of the individuals designated by the organization to provide onsite management.
(7)
Length of stay. Emergency shelters shall limit each individual's stay in the shelter to no more than 6 months in a 12-month period.
(8)
Security. Emergency shelters shall provide at least one on-site supervisor at all times to address and resolve security issues. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include the name and contact information of the individuals or company providing on-site security.
(b)
Following the establishment of an emergency shelter, the onsite management company, individual managers, and, as to subparagraph (8), the on-site security supervisor, shall be responsible parties for maintaining the standards set forth in this section.
(Ord. 2013-04, eff. 6/6/13)
