HomeMy WebLinkAbout13-01 Establishment of Emergency Shelters and Transitional and Supportive HousingORDINANCE NO. 13-01
AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA
ADOPTING ZONING CODE AMENDMENT CO -12-06, AMENDING TITLE 13,
CHAPTER I and CHAPTER IV RELATED TO DEFINITIONS, PERMITTED ZONING
DISTRICTS FOR ESTABLISHMENT OF EMERGENCY SHELTERS AND
TRANSITIONAL AND SUPPORTIVE HOUSING
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: FINDINGS.
Consistent with the findings of the State Legislature, the City Council finds that Section
65583 of the Government Code requires that the housing element of the general plan
of a city to identify adequate sites with zoning where emergency shelters are allowed as
a permitted use without a conditional use permit or other discretionary permit.
Homelessness is a statewide problem and the City's Housing Element included analysis
on the city's needs and provisions to address local needs by providing transitional and
emergency shelters. There are over at least seven transitional housing facilities that
provide transitional housing and services for the homeless and persons at risk of
becoming homeless. The code amendment will address emergency shelters
requirements included in Senate Bill 2. Emergency shelters are subject to the maximum
distance requirements as established by the State Government Code Section 66583 et.
Seq. The code amendment will also allow transitional and supportive housing subject to
same regulations of other residential uses in residential zones as required by state code.
SECTION 2: Title 13 of the Costa Mesa Municipal Code is hereby amended to include
the following new definitions within an existing series of definitions:
A. Chapter I; Definitions
Emergency Shelters. A facility that provides immediate and short-term
housing for homeless persons that is limited to occupancy of six months or
less. Supplemental services may include counseling and access to social
programs. No individual or household may be denied to emergency shelter
because of an inability to pay. ";
Supportive housing. Housing with no limit on length of stay, that is occupied
by the target population, and that is linked to onsite or offsite services that
assist the supportive housing resident in retaining the housing, improving his or
her health status, and maximizing his or her ability to live and, when possible,
ORDINANCE NO. 13-01 Page 1 of 5
work in the community. Supportive housing that is provided in single family
dwelling, multi -family dwelling units, residential care facilities, or boarding
house uses, shall be permitted, conditionally permitted or prohibited in the
same manner as the other single family dwelling, multi -family dwelling units,
residential care facilities, or boarding house uses under this code.'
Transitional housing. A development with buildings configured as rental
housing developments, but operated under program requirements that call for
the termination of assistance and recirculation of the assisted unit to another
eligible program recipient at some predetermined future point in time, which
shall be no less than six months. Transitional housing that is provided in single
family dwelling, multi -family dwelling units, residential care facilities, or boarding
house uses, shall be permitted, conditionally permitted or prohibited in the
same manner as the other single family dwelling, multi -family dwelling units,
residential care facilities, or boarding house uses under this code.";
B. Title 13, Chapter IV; Table 13-30, Citywide Land Use Matrix, is hereby amended to
add a new row within an existing series to reflect Emergency Shelters as Land Use
Category No. 39A in Table 13-30 and indicate Emergency Shelters as a permitted
use in the PDI zoning designation:
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39A. Emergency Shelters
C. Title 13, Chapter IX., is hereby amended to include a new Article (Article 18.
EMERGENCY SHELTERS) as follows;
"Sec. 13-200.79. PURPOSE AND INTENT
The purpose of this article is to establish operational and development standards
for emergency shelters to ensure that these uses are operated to address the
homeless needs and consistent with the requirements of Sections 65582, 65583,
and 65589.5 of the Government Code relating to local planning.
ORDINANCE NO. 13-01 Page 2 of 5
DEVELOPMENT STANDARDS:
The following development and operational standards shall apply to
establishment of Emergency Shelters as defined by the Zoning Code.
1. The maximum length of stay shall not exceed 120 days in a 365 -day period.
2. Each shelter may have a maximum of thirty (30) beds.
3. Off-site parking shall be provided at a parking rate of one parking space per
four beds or one space per employee, whichever is higher.
4. Stays at the Emergency Shelter facility shall be limited between the hours of
5:00 p.m. and 8:00 a.m.
5. Nonoperational and unregistered vehicles shall not be kept on site. Towing
shall be the responsibility of the shelter operator.
6. Each emergency shelter shall provide an interior and exterior waiting area
adequate to accommodate waiting clients and to prevent queuing into the
public right-of-way. An exterior waiting area shall be physically separated
and visually screened from the public right-of-way.
7. The emergency shelter facility shall provide an on-site resident manager on-
site at all times.
8. A minimum distance of 300 feet shall be maintained from another
emergency shelter. The distance of separation shall be measured in a
straight line between the property lines of each use without regard to
intervening structures or objects.
9. The shelter operator shall provide minimum exterior lighting in compliance
with City's Security requirements. In addition, the operator shall regularly
patrol the area surrounding the shelter site during hours that the shelter is in
operation to ensure that homeless persons who have been denied access
are not congregating in the neighborhood.
10. Alcohol and narcotics use and consumption are prohibited within the facility
and on the property.
11. An operations plan shall be submitted for review and approval by the
Development Services Director and Police Chief prior to operation of the
Emergency Shelter. The plan shall include minimum provisions related to
on-site security and safety, staff training, loitering control, client eligibility,
counseling services, and indoor and outdoor management of the facility. "
ORDINANCE NO. 13-01 Page 3 of 5
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage
of this ordinance amending the zoning code will have a significant effect on the
environment..
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in
the alternative, the City Clerk may cause to be published a summary of this Ordinance
and a certified copy of the text of this Ordinance shall be posted in the office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post in the office of the City Clerk a certified copy of this Ordinance
together with the names and member of the City Council voting for and against the same.
ATTEST:
Brenda Green,
Interim City Clerk
arch, 2013.
APPROVED AS TO FORM:
1A Zr
Tho as D rte, City Attorney
ORDINANCE NO. 13-01 Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing Ordinance No. 13-01 was duly introduced for
first reading at a regular meeting of the City Council held on the 5th day of March, 2013,
and that thereafter, said Ordinance was duly passed and adopted at a regular meeting
of the City Council held on the 19th day of March, 2013, by the following roll call vote, to
wit:
AYES: COUNCIL MEMBERS: GENIS, LEECE, MENSINGER, MONAHAN, RIGHEIMER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS:NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 22nd day of March, 2013.
BRENDA GREEIN, INTERIM CITY CLERK
hereby certify that the above and foregoing is the original of Ordinance No. 13-01 was
duly passed and adopted by the Costa Mesa City Council at the regular meeting held
March 19, 2013, and that the summary of the adopted ordinance was published in the
Newport Beach -Costa Mesa Daily Pilot on Wednesday, March 27, 2013.
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BRENDA GREEN, INTERIM CITY CLERK
ORDINANCE NO. 13-01 Page 5 of 5