Created: 2023-02-20 10:19:52 [EST]
(Supp. No. 58, Update 1)
17.56.100. Emergency Shelter Overlay District.
A. Purpose and Intent. The purpose of the Emergency Shelter "SB2" Overlay Zone designation is to identify those areas where emergency shelters are allowed by right, subject to development and operation standards and in accordance with Section 65583 of the California Government Code. The SB2 Emergency Shelter Overlay Zone meets the requirements of state law (SB2) by designating specific areas where emergency shelters, also referred to as "homeless shelters", may be established and operated by right, to meet the shelter needs based on homeless population estimates established by current reliable information and in the City's General Plan Housing Element. The goals for areas with this designation are as follows:
1. To facilitate efforts to address the needs of homeless persons in the City of San Clemente by identifying locations where emergency shelters are allowed by right and by establishing objective development and operation standards for emergency shelters.
2. To protect public safety, maintain land use compatibility, and preserve property values, neighborhood quality and economic vitality while addressing an identified humanitarian need.
3. To locate such facilities, to the maximum extent possible, close to public transportation, public and community services, near job centers, away from residential neighborhoods, schools and parks.
4. To allow small-scale, family-oriented emergency shelters as an accessory use to churches and other religious institutions.
5. To ensure that emergency shelters are designed in accordance with applicable standards, as allowed under state law, and that they comply with City standards and guidelines applying to all other uses in the zone.
6. To ensure that emergency shelters are operated in a responsible and community-sensitive manner that prevents and avoids impacts to adjacent neighborhoods and enables residents, businesses and property owners to support, monitor, communicate with shelter operators, and seek City action to protect public health, safety and welfare.
7. To achieve a housing element which complies with state law and that fully addresses all housing needs in the community while balancing other important community needs and goals, to protect public safety, neighborhood peace and aesthetics, and economic vitality.
B. Application of SB 2 Emergency Shelter Overlay District Requirements.
The requirements of this section are for emergency shelters within the Emergency Shelter SB 2 Overlay Zone.
Emergency shelters that comply with these standards may be established without use permit or any other discretionary review.
C. SB 2 Emergency Shelter Overlay District Established.
The City hereby establishes an "SB 2Emergency Shelter Overlay Zone" or District. In this District, emergency shelters which meet the following objective standards shall be allowed by right and are exempt from the provisions of the California Environmental Quality Act. The Emergency Shelter SB 2 Overlay shall consist of the Rancho San Clemente Business Park Sub-Area. This sub-area is shown in Figure A below.
Redline of Amendment to SCMC 17.56.100 Emergency Shelter Overlay District
EXHIBIT A
Created: 2023-02-20 10:19:52 [EST]
(Supp. No. 58, Update 1)
D. Emergency Shelter Development Standards.
Emergency shelters shall comply with the following objective standards:
1. Separation. An emergency shelter shall not be established or operated at any location less than three hundred (300) feet from another emergency shelter providing shelter and other services to homeless persons, provided, however, that this standard shall not apply where homeless shelters proposed to be located within three hundred (300) feet of each other are operated by the same social service provider, as defined in Subdivision F.3 of this section.
2. Number of Emergency Shelters. The number and capacity of emergency shelters allowed without a conditional use permit approval shall be limited to that required to meet the shelter needs of the number of estimated homeless persons in the City, as established by current reliable information and approved by the City Council. This number shall be updated every two (2) years, after the "point-in-time counts" are published for the County.
3. Maximum Number of Beds. The maximum number of beds per emergency shelter facility shall not exceed thirty-five (35). The maximum number of beds permitted per emergency shelter facility shall be the lesser of the following: 1) the most recent point-in-time count of unsheltered individuals within San Clemente at the time of application submittal; or 2) forty-five (45) beds per facility. Beds shall be made available to individuals meeting the City-defined criteria for local individuals; the emergency shelter facility shall not be a regional facility.
4. On-site Waiting and Intake Areas. On-site waiting and client intake areas shall be provided in the emergency shelter building. Outdoor waiting areas, if provided, shall be visually screened from the public right-of-way and from adjacent land uses.
5. Parking. Subject to Government Code Section 65583(a)(4)(BA)(ii), sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zoneonsite parking shall be supplied at a ratio of not less than one (1) space for every employee in the largest shift. C
Redline of Amendment to SCMC 17.56.100 Emergency Shelter Overlay District EXHIBIT A Created: 2023-02-20 10:19:52 [EST]
(Supp. No. 58, Update 1)
6. Site Lighting. Site lighting shall be provided for safety and security, consistent with City standards and Design Guidelines.
7. Personal Storage. A private storage area, such as a locker may be provided with each on-site bed.
Regulations regarding personal storage use shall be set by City-approved policy, posted on-site, and provided upon intake to all clients.
8. Shower and Toilet Facilities. Toilets, sinks, and showers shall be provided on-site. The emergency shelter manager shall be responsible for ensuring that all restroom and shower facilities comply with the City’s Building Code requirements.
9. Separate Housing for Families with Children. Families with children shall be housed separately from other clients and be provided separate restrooms and shower facilities.
10. Food Service Areas. The emergency shelter manager shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the County Health Department.
11. Outdoor Storage. Emergency shelters shall screen all outdoor storage areas from all public rights-ofway and on-site and adjacent parking lots. The emergency shelter manager shall ensure that all outside storage areas be maintained in a neat, clean, and orderly manner at all times.
12. Exterior Lighting. Lighting shall be provided in all parking and exterior waiting areas and along the periphery of the building without lighting adjoining properties. 713. Architectural Review. Emergency Shelters shall comply with the City's Design Guidelines, Specific Plans, and the Zoning Ordinance regarding architectural and development standards to ensure shelters are compatible with their surroundings, provide adequate privacy between uses, and minimize potential impacts of the proposed shelter on adjacent uses.
The process to review emergency shelter compliance with these requirements shall be a ministerial review that shall be considered at the time of building permit review or business license review, which ever comes first. Emergency shelters shall be exempt from all discretionary review processes including Site Plan Permit (Zoning Ordinance Section 17.16.070) and Architectural Permit (Zoning Ordinance Section 17.16.100) in accordance compliance with state law.
E. Emergency Shelters Management and Operational Standards.
Emergency shelters shall be managed and operated in conformance with the following objective standards:
1. Shelter Operator. The emergency shelter shall be operated by a social service provider, as defined in Section 17.56.105.C.1
2. On-Site Management. The emergency shelter shall provide at least one (1) qualified on-site manager at all times, plus one (1) attendant for each twenty (20) occupants.
3. Maximum Stay. Occupancy for any individual or family shall not exceed six (6) months in a three hundred sixty-five (365) day period. No individual shall be denied emergency shelter because of an inability to pay.
4. Security Measures. Each emergency shelter operator shall submit to the Community Development Director a plan for security during hours that the emergency shelter is in operation, taking into account the location of the emergency shelter. Such security plan may include fencing, appropriate surveillance measures, and/or on-site security personnel. Said Plan shall include a Management Plan. Each 1Editor's note(s)—Section 17.56.105 has been repealed by Ord. No. 1630, § 2, adopted Sept. 6, 2016.
Redline of Amendment to SCMC 17.56.100 Emergency Shelter Overlay District EXHIBIT A Created: 2023-02-20 10:19:52 [EST]
(Supp. No. 58, Update 1)
emergency shelter operator shall submit to the Community Development Director a Management Plan which contains the following information:
a. Client intake and screening processes;
b. A description of services to be provided at the emergency shelter; c. Length of stay allowed for clients;
d. Hours of operation;
e. A set of facility rules and procedures for maintaining a safe environment within and outside the emergency shelter.
f. The posting of signage regarding rules of the emergency shelter. g. Staff training programs.
h. Referral service and distribution of resources available to clients for obtaining permanent shelter, mental and physical health care and other supportive services. i. ie. Emergency plan, including, but not limited to emergency contact numbers, evacuation plans and on-site safety measures
j. Submission of the Emergency Plan and the Management Plan to the Community Development Director shall be solely for informational purposes; said plans shall not be subject to discretionary review and/or approval.
F. Definitions.
1. "Emergency Shelter" (also referred to as "homeless shelter") means housing with minimal supportive services for homeless persons, and that is limited to occupancy of six (6) months in a three hundred sixty-five (365) day period by a homeless person.
2. "Church or Religious Institution" means a building which is used as an established place of worship, has a regular congregation and regularly offers religious services, represents a recognized creed and form of worship, and is affiliated with an organization of ordained clergy.
3. "Social Service Provider" means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.
Redline of Amendment to SCMC 17.56.100 Emergency Shelter Overlay District EXHIBIT A