ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE (TABLE 13-6.1), CHAPTER 13-35 (SEC.13-35.258. EMERGENCY SHELTERS), AND CHAPTER 13-60. DEFINITIONS, PURSUANT TO CALIFORNIA ASSEMBLY BILL 2339, AND AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE (TABLE 13-12.1,13-15.1 AND 13-18.1), CHAPTER 13-35 (SEC. 13-35.260. LOW-BARRIER NAVIGATION CENTERS), AND CHAPTER 1360 DEFINITIONS, PURSUANT TO CALIFORNIA ASSEMBLY BILL 101.
WHEREAS, on September 28, 2022, Assembly Bill 2339 was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 65583 and 65863 of the Government Code relating to land use, specifically amending State Housing Element Law regarding the identification of zones and sites for emergency shelters; and WHEREAS, the changes made to the Government Code by Assembly Bill 2339 took effect on January 1, 2023; and WHEREAS, Assembly Bill 2339 applies to housing elements or amendments to the housing element prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the Department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment; and WHEREAS, the City of Hercules submitted its third revised draft Housing Element update for the 6th Cycle (2023-31) to the California Department of Housing and Community Development for review on November 13, 2023; and WHEREAS, Assembly Bill 2339 requires local jurisdictions to identify zoning designations where emergency shelters are a permitted use without a conditional use or another discretionary permit; and WHEREAS, Assembly Bill 2339 allows local agencies to impose only objective standards consistent with the bill’s provisions; and WHEREAS, on July 31, 2019, Assembly Bill 101 was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 30035.7, 65400, 65585, and 65913.4 of, to add Sections 65589.9 and 65589.11 to, and to add and repeal Article 12 (commencing with Section 65660) of Chapter 3 of Division 1 of Title 7 of, the Government Code, to amend Sections 50199.8, 50517.5, 50517.6, 50517.7, 50650, 50650.3, 50650.4, 50843.5, and 53545.13 of, to add Chapter 6 (commencing with Section 50216) to Part 1 of Division 31 of, to add Chapter 3.1 (commencing with Section 50515) to Part 2 of Division 31 of, and to add and Part 12.5 (commencing with Section 53559) to Division 31 of, the Health and Safety Code, to add Sections 75218.1 and 75244 to the Public Resources Code, to amend Sections 12206, 17058, 17561, 23610.5, and 24692 of the Revenue and Taxation Code, and to amend Section 8256 of the Welfare and Institutions Code, relating to housing; and WHEREAS, the changes made to the Government Code by Assembly Bill 101 took effect immediately; and WHEREAS, Assembly Bill 101 creates a special category of homeless shelters called “Low Barrier Navigation Centers,” the development of which is a “use by right” in areas zoned for mixed-use and nonresidential zones permitting multifamily uses if it meets specified requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into this Ordinance by this reference.
SECTION 2. ENVIRONMENTAL REVIEW. Under Public Resources Code Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as such the adoption of the ordinance is exempt from CEQA.
SECTION 3. AMENDMENTS. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code Title 13, to read as follows:
Table 13-6.1 Land Use Regulations: Residential District RS-E
RS-L
RM-L
RM-M
RM-H
See Also
Residential
Single-Family Home
A
A
C
C
—
Duet (Single-Family Attached)
—
—
A
A
—
Duplex
—
—
A
A
—
Multifamily Dwelling
—
—
C
C
C
Townhouse/Condominium
—
—
C
C
C
Two-Unit Development
P
P
—
—
—
Chapter 13-36
Mobile Home
A
A
A
A
—
Accessory Uses and Structures
A(1)
A(1)
A(1)
A
A
Section 13-35.210
Rooming and Boarding Houses (4 or less people)
A
A
A
C
—
Rooming and Boarding Houses (5 or more people)
—
—
C
C
—
Family Daycare (14 or fewer children)
P
P
P
P
P
Accessory Dwelling Unit
P
P
P
P
P
Section 13-35.320
Senior Housing
C
C
C
C
C
Emergency Shelter
—
—
P
—
—
Section 13-35.258
Single-Room Occupancy Units
—
—
—
—
—
Supportive Housing (Apartment Type)
—
—
P
P
P
Supportive Housing (Residential Care Facility Small Type) A
A
P
P
P
Supportive Housing (Residential Care Facility Large Type) —
—
P
P
P
Residential Care Facility (6 or fewer residents)
A
A
A
A
—
Residential Care Facility (7+ residents)
—
—
—
C
C
Transitional Housing (Apartment Type)
—
—
A
A
C
Transitional Housing (Residential Care Facility Small Type) A
A
C
C
—
Transitional Housing (Residential Care Facility Large Type) A
A
C
C
C
Commercial Uses
Home Occupation
A
A
A
A
A
Section 13-35.270
Bed and Breakfast Inns
C
C
C
C
—
Section 13-35.250
Public and Quasi-Public Uses
Clubs and Lodges
—
—
C
C
C
Libraries, Museums and Galleries
—
—
C
C
C
Park and Recreation Facilities
A
A
A
A
A
Public Safety Facilities
A
A
A
A
A
Religious Assembly
C
C
C
C
C
Schools, Public or Private
C
C
C
C
—
Utility Facilities
C
C
C
C
—
Key to Land Use Regulations
A
Administrative Use Permit Required
C
Conditional Use Permit Required
DR
Design Review Required
P
Permitted Use
—
Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.
Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC
See Also
Commercial Uses
Retail Stores
2,000 sq ft or less
A
More than 2,000 sq ft
C
Grocery and/or Liquor
C
Home Occupation
A
Bed and Breakfast Inn/Hotel
C
Outdoor Retail Sales and Services
Permanent
C
Temporary
A
Recreation and Entertainment
C
Restaurants, Delicatessens and Bars
A
With Liquor Service
C
Services and Offices
Banks and Other Financial Services
A
Business and Personal Services
A
Business and Professional Offices
A
Residential Uses
Caretaker, Guest and Employee Housing
A
Multifamily Dwelling
A
Townhouse/Condominium
A
Planned Unit Development
A
Rooming and Boarding Houses
C
Family Daycare Home (14 or fewer children)
P
Senior Housing
C
Single-Room Occupancy Units
C
Section 13-35.332
Supportive Housing (Apartment Type)
P
Transitional Housing (Apartment Type)
A
Low Barrier Navigation Center
P
Section 13-35.260
Public and Quasi-Public Uses
Daycare Facilities (for employees, visitors and passengers) A
Government Offices
A
Libraries, Museums and Galleries
A
Park and Recreation Facilities
A
Public Safety Facilities
C
Accessory Uses and Structures
A(1)
Key to Land Use Regulations
A
Administrative Use Permit Required
C
Conditional Use Permit Required
P
Permitted Use
(1)
Facility or use is directly related to the primary use of site.
Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District PC-R
See Also
Commercial Uses
Home Occupation
A
Recreation and Entertainment
C
Retail Sales
Outdoor Sales
C
Retail Stores
2,000 sq ft or less
A
More than 2,000 sq ft
C
Restaurants and Delicatessens
A
With Liquor Service
C
Shopping Centers
C
Services and Offices
Athletic Clubs
C
Business Services
A
Hotel
C
Offices and Banks
A
Personal Services
A
Residential Uses
Accessory Dwelling Unit
P
Section 13-35.320
Caretaker, Manager and Employee Housing
A
Family Daycare Home (14 or fewer children)
P
Live-Work Units
A
Multifamily Dwellings
A
Townhouse/Condominiums
A
Planned Unit Development
A
Supportive Housing (Apartment Type)
P
Transitional Housing (Apartment Type)
A
Low Barrier Navigation Center
P
Section 13-35.260
Public and Quasi-Public Uses
Daycare Facilities (for employees and visitors)
A
Government Offices
A
Libraries, Museums and Galleries
A
Public Safety Facilities
A
Urgent Medical Care
C
Utility Facilities
C
Accessory Uses and Structures
A(1)
Key to Land Use Regulations
A
Administrative Use Permit Required
C
Conditional Use Permit Required
P
Permitted Use
(1)Facility or use is directly related to the primary use of site.
Table 13-18.1 Land Use Regulations: NTC District
NTC
Commercial Uses
Recreational Facilities
Athletic Clubs
A
Other Commercial Athletic Facilities
C
Retail Sales
Convenience Stores
C
Dry Cleaners and Laundries
C
Furniture, Furnishings, and Hardware Stores
C
Grocery and Liquor
C
Outdoor Retail Sales and Services
Permanent
C
Temporary
A
Recreation and Entertainment
C
Restaurant, Delicatessen, and Bar
A
With Liquor Service
C
Retail Stores
2,000 sq ft or less
A
More than 2,000 sq ft
C
Services and Offices
Business Support Services
A
Hotels, Motels, Inns
C
Medical
Medical and Dental Clinics and Services
A
Offices and Banks
2,000 sq ft or less
A
More than 2,000 sq ft
C
Personal Services
A
Video/Media Rentals
C
Public and Quasi-Public Uses
Daycare Facilities (for employees, residents and passengers) A
General Daycare
C
Government Offices
A
Libraries, Museums and Galleries
C
Park and Recreational Facilities
A
Public Safety Facilities
A
Transit Facilities
BART Stations
C
Transit Transfer Stations
C
Transit Malls
C
Transit Offices and Support Facilities
C
Utility Facilities
C
Residential Uses
Caretaker, Guest, and Employee Housing
A
Multifamily Dwelling
A
Townhouse/Condominium
A
Planned Unit Development
A
Family Daycare Home (14 or fewer children)
P
Supportive Housing (Apartment Type)
P
Transitional Housing (Apartment Type)
A
Low Barrier Navigation Center
P
Section 13-35.260
Accessory Uses and Structures
A(1)
Key to Land Use Regulations
A
Administrative Use Permit Required
C
Conditional Use Permit Required
P
Permitted Use
(1)
Facility or use is directly related to the primary use of site.
Chapter 13-35. Specific Land Use Requirements
Sec. 13-35.258 Emergency Shelters.
An emergency shelter located within a zoning district in which it is allowed shall comply with all development and performance standards of that zoning district, as well as the following performance and design standards:
1. Emergency shelters are limited to a maximum of 30 beds/persons facility. The California Building Code defines minimum sizes based on included private amenities.
2. Occupancy by an individual or family may not exceed 180 days in any 365-day period unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.
3. A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually screened from public view, and if located outside, shall provide consideration for shade/rain conditions.
4. On-site management and on-site security shall be provided during all hours during which the emergency shelter is in operation.
5. An emergency shelter operations/management plan shall be prepared and shall be subject to the review and approval of the Community Development Director, or their designee. Such plan shall include provisions for staff training, neighborhood outreach, adequate security measures to protect shelter residents and surrounding uses, screening of clients to ensure compatibility with proposed services provided, counseling (particularly for assisting in finding permanent housing and a source of income), training and treatment programs for clients, drug and alcohol dependency referrals, and an exit strategy. The emergency shelter shall provide on-site parking at a rate of one (1) space per 1,000 square feet of gross floor area or one (1) space per employee, provided that the standard does not require more parking for emergency shelters than other residential or commercial uses within the same zone.
6. The facility may provide the following services in designated areas separate from sleeping areas:
A. A counseling center for job placement, education, health care, legal, or mental health services.
B. Laundry facilities to serve the clients at the shelter.
C. Central cooking and dining area(s).
D. Client storage area (for the overnight storage of bicycles and personal items).
E. Play/recreational areas for family shelters.
7. An emergency shelter shall not be located within 300 feet of another emergency shelter, as measured from property line to property line.
Sec. 13-35.260 Family Day Care Homes. Low-Barrier Navigation Center Family day care homes are permitted by use permit according to the size of the facility. A small family day care home with a maximum attendance of 6 or less children (with special allowances to allow up to 8 children) is considered a residential use of the property and shall be permitted by a nondiscretionary administrative use permit without imposition of any fees or taxes as per Section 1597.45 of the Health and Safety Code.
A large family day care home for 7 to 12 children (with special allowances to allow up to 14 children) requires an administrative use permit as consistent with Section 1597.46 of the Health and Safety Code. The permit shall expire 2 years after the date of issuance or if the day care operator’s State license expires or is revoked. The facility shall meet the following standards, the standards for family day care homes pursuant to Section 1596.70 et seq. of the Health and Safety Code, and other applicable State requirements.
1. All family day care homes shall comply with the property development and performance standards for the zoning district in which it is located and the Citywide standards set forth in Division III.
2. A large family day care home shall not be located within 300 feet of another large family day care home property line.
3. Outdoor play areas shall be provided in the rear or side yards for all large family day care homes and shall be enclosed by a solid hedge, wall or fence 6 feet high. All outdoor play areas shall be separated from driveways, streets and parking areas.
4. Large family day care homes shall provide adequate on-site parking as per Chapter 13-33.
5. Large family day care homes shall provide adequate areas for the safe pick-up and drop-off of children. These areas shall be off-street in a driveway, turnaround, or parking area.
6. A large family day care home within a residentially zoned area may operate up to 14 hours per day with outdoor activities limited to daylight hours between 8:00 a.m. and 8:00 p.m. in order to limit noise impacts to neighboring residents.
7. All family day care homes shall obtain necessary State licenses and shall be operated in conformance with all applicable state and local regulations. If there are any conflicts between local standards within the Zoning Ordinance and State requirements for day care facilities, the State requirements shall take precedence. [Ord. 515 § 2, 2018; ZO § 35.260.] A low-barrier navigation center located within a zoning district in which it is allowed shall operate in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
1. Permit Required. A planning permit is required prior to establishment of any low-barrier navigation center project. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
2. Development and Operational Standards. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Chapter 13-60. Definitions
The purposes of this Division and Chapter are to provide definitions for the terms and phrases used within the Zoning Ordinance. The definitions shall apply throughout the zoning regulations except where the context of the regulation clearly indicates a different meaning. The Community Development Director shall interpret the meaning of the regulations and definitions as per Section 13-2.400. [Ord. 515 § 2, 2018; ZO § 60.100.] Sec. 13-60.200 Definitions.
“Emergency shelters” shall mean a facility that provides temporary, short-term housing for homeless individuals or families that is limited to occupancy of 180 consecutive days, with minimal supportive services. housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters shall include other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care. “Low-Barrier Navigation Centers” shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.
THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 23rd day of January 2024, and was passed and adopted at a regular meeting of the Hercules City Council on the 13th day of February 2024, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Dan Romero, Mayor
Eibleis Melendez
City Clerk
Ordinance No.
Ordinance No.