2003-19 Emergency Temporary Shelter ORDINANCE NO. 2003-19
AN URGENCY ORDINANCE AUTHORIZING THE ISSUANCE OF
EMERGENCY TEMPORARY SHELTER EVENT PERMITS
WHEREAS, the City of Encinitas (the "City"), pursuant to the police powers delegated to
it by the California Constitution, has the authority to enact laws which promote the public health,
safety and general welfare of its citizens;
WHEREAS, the City is presently experiencing the winter months and the nighttime
temperatures are anticipated to roach detrimental temperatures;
WHEREAS, said temperatures constitute unhealthful conditions for individuals without
shelter;
WHEREAS, the City does not have any emergency shelter beds to house individuals
without shelter during unhealthful temperature conditions;
WHEREAS, the City Council (this "Council") has determined that without immediate
action to authorize permitting of emergency temporary shelter events, individuals without shelter
in the City may be subject to unhealthful temperatures potentially resulting in injury or death;
WHEREAS, pursuant to California Government Code Section 36437, this Council may
adopt an urgency ordinance to become effective upon passage by a four-fifths vote for the
immediate preservation of the public peace, health and safety;
WHEREAS, this Council finds and determines that the aforementioned facts pertaining to
exposure to unhealthful temperatures constitute an urgency warranting the adoption of this
Ordinance for the immediate preservation of the public peace, health and safety.
SECTION 1: A new chapter 6.18 of the Encinitas Municipal Code is hereby adopted to
read as follows:
"Operations Permit: Emergency Temporary Shelter Event
6.18.010 Emergency Temporary Shelter Event ---Definition
6.18.020 Emergency Temporary Shelter Event--- Permit Required
6.18.030 Emergency Temporary Shelter Event --- Application for Permit
6.18.040 Emergency Temporary Shelter Event Permit --- Revocation
6.18.010 Emergency Temporary Shelter Event ---Definition
Emergency temporary shelter event means: A public agency or a state recognized non-
profit organization providing emergency temporary shelter for up to 25 individuals at any public
facility for a period not to exceed 30 consecutive days. More than one shelter event can be
conducted at a location per calendar year, but not to exceed 60 days in one calendar year.
6.18.020 Emergency Temporary Shelter Event--- Permit Required
The Planning and Building Director may authorize the issuance, without public notice, of
an Emergency Temporary Shelter Event Permit by a written Notice of Decision subject to
specific conditions as deemed necessary to promote the health, safety and welfare of the
community upon finding all of the following:
A. Emergency conditions warrant an urgent need to provide emergency temporary
shelter;
B. The applicant has demonstrated adequate means and resources to conduct the
emergency temporary shelter event in accordance with City specifications.
C. A social service component will be provided. Guests at the event must be screened by
an area social service agency to assure there will be no active drag, alcohol or mental
health problems;
D. The emergency temporary shelter event complies with the specifications of the City
Building Official and Fire Marshal;
E. The emergency temporary shelter event shall not constitute an unreasonable
disruption to the community.
6.18.030 Emergency Temporary Shelter Event --- Application for Permit
Every applicant for an Emergency Temporary Shelter Event Permit shall file with the
Planning & Building Department a written application stating the name and address of the
applicant, a detailed description of the premises proposed for such event, and other information
the Planning & Building Department may require in order to address the required findings
identified in 6.18.020. The applicant shall pay the established filing fee, if any, before the
application will be accepted for processing
6.18.040 Emergency Temporary Shelter Event Permit --- Revocation
The Planning & Building Department may terminate any permit issued pursuant to this
chapter upon finding that the permittee has violated any term or condition of permit approval.
SECTION 2: Pursuant to Government Code 36937 for the immediate preservation of the
public peace, health and safety, this Ordinance shall take effect and be in force immediately upon its
passage by a four-fifths votes of the City Council, and the City Clerk of the City of Encinitas, before
the expiration of fifteen (15) days after passage, shall publish this Ordinance once with the names of
members voting for and against the same utilizing The Coast News, a newspaper of general
circulationpublished in the City of Encinitas.
INTRODUCED, read and adopted at a regular meeting of the City Council of the City of
Encinitas held the 19 day of November 2003, and by the following vote, to wit:
AYES: Bond, Dalaqer, GuerJ_n, HoulJ. han, Stocks.
NOES: None.
ABSENT: None.
APPROVED:
STOCKS, Mayor
ATTEST:
CERTIFICATE OF CITY CLERK
I, DEBORAH CERVONE, City Clerk of the City of Encinitas, California, do hereby certify
the foregoing to be a true and correct copy of Ordinance No. 2003-19, duly passed and adopted by
the City Council of said City on the date and by the vote therein recited and the City Clerk is hereby
to publish this ordinance in summary.
DEBORAH CERVONE, City Clerk
(SEAL OF CITY)