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2019-01 Amend Title 30 Emergency Homeless Shelters ORDINANCE 2019-01 AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE 30 (ZONING) OF THE ENCINITAS MUNICIPAL CODE, WHICH PROPOSES TO ALLOW EMERGENCY HOMELESS SHELTERS AS A PERMITTED USE IN THE BUSINESS PARK (BP) AND LIGHT INDUSTRIAL (LI) ZONES SECTION ONE. The City Council of the City of Encinitas does hereby find and declares as follows: WHEREAS, California Government Code § 65583(4) (A-D) requires that all jurisdictions adopt an ordinance which specifies the zone(s) in which an emergency shelter will be permitted without a conditional use permit or other discretionary permit; WHEREAS, the draft 2013-2021 Housing Element approved by the City Council on June 20, 2018 contains Housing Element Program 2E, which provides that the City will amend its Zoning Code to include emergency shelters as a permitted use within the Light Industrial and Business Park zones; WHEREAS, the City finds that the proposed amendments to the City's Municipal Code permitting Emergency Shelters within the Light Industrial and Business Park Zones are exempt from environmental review pursuant to General Rule, Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, since there would be no possibility of a significant effect on the environment, in that the ordinance being considered will not result in any physical development in and of itself. Additionally, the changes implement the policies contained in the City's draft 2013 to 2021 Housing Element and is required to be adopted by Government Code § 65583(a)(4)(A-D). The proposal to permit Emergency Shelters within the Light Industrial and Business Park zones was also reviewed in the Program Environmental Impact (EIR) Report certified by the City on June 15, 2016 and in the Environmental Assessment adopted on June 20, 2018, and no further impacts will be created by adoption of zoning amendments to implement the proposed policy; hence the program EIR adequately describes this zoning amendment for the purposes of CEQA; WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA) was issued which opened a six-week public review period that ran from November 2, 2018 and concluded on December 14, 2018; WHEREAS, the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict with any coastal zone regulations or policies with which future development must comply; WHEREAS, the Planning Commission conducted a Public Hearing on November 15, 2018 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code (presented to the Commission as Ordinance No. 2018-15 but renumbered as Ordinance No. 2019-01) and considered public testimony and made a recommendation to the City Council to adopt the proposed amendments; WHEREAS, the City Council conducted a Public Hearing on January 9, 2019 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code; WHEREAS, the City Council has duly considered the totality of the record and all evidence submitted into the record, including public testimony and the evaluation and recommendations by staff, presented at said hearing; WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and, WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a manner in full conformance with the California Coastal Act of 1976 and the Development Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the California Coastal Commission for their review and adoption. NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows: SECTION TWO. The following provisions of Title 30 of the Encinitas Municipal [Zoning] Code shall be amended to read as follows. Section 30.04.010 Definitions The following definitions in Chapter 30.04, Definitions of Title 30 of the Encinitas Municipal Code are hereby amended to read as follows: EMERGENCY RESIDENTIAL SHELTER. Te pFevide feF immediate, basiG shelter needs of the homeless and v*rtorns of sudden dffisasteF. LeRgth Of GontiR61GLIS stay is ROt to eXGeed 30 days fOF any household or individual. PaFking standaFds would be established by PaFkiRg study through the use permit PFOGe s EMERGENCY SHELTER shall have the same meaning as defined in California Health and Safety Code § 50801(e), as amended, as being: "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay." Section 30.09.010 Zoning Use Matrix The Zoning Use Matrix of Chapter 30.09, of Title 30 of the Encinitas Municipal Code shall be amended to read as follows, including the corresponding footnote, and shall be integrated into the existing Chapter in alphabetical order: RR RS- R-11 R- MHP OP LC GC VSC LI BP P/ ER/ LAC L- RR-1 11 R-15 20 SP OS/ VSC RR-2 R-3 R- PK R-5 25 R-8 Emergency °^°� X X X X X X X C X P* P* X X X X Shelter *As required by California Government Code § 65583(a)(4) (A-D), emeraencv shelters, as defined in California Health and Safety Code 50801(e) that are in conformance with the provisions of Encinitas Municipal Code Chapter 30.36 shall be approved without any discretionary approvals (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (citizen participation plan) and the California Environmental Quality Act; however, such uses are subject to the California Coastal Act. Chapter 30.36 Emergency Shelters Chapter 30.36 (Emergency Shelters) of Title 30, Zoning of the Encinitas Municipal Code is hereby added as follows: CHAPTER 30.36 EMERGENCY SHELTERS 30.36.010 Purpose. The purpose of this section is to provide standards and guidelines for Emergency Shelters as defined by Encinitas Municipal Code 30.04.010 and as required by state law and to ensure that emergency shelters are developed in a manner that protects the health, safety, and welfare of those staving in the shelters and nearby residents and businesses. 30.36.020 Standards for Emergency Shelters. Emergency shelters are permitted in the Light Industrial (LI) and Business Park (BP) zones without discretionary review (including such discretionary approvals as design review and use permit approval) and are exempt from the provisions of Chapter 23.06 (Citizen Participation Plan) and the California Environmental Quality Act if in compliance with each of the standards listed in this Section. However, emergency shelters are subject to the California Coastal Act. Each emergency shelter shall comply with the following standards: A. The emeraency shelter must comply with all objective development standards within Encinitas Municipal Code Chapter 30.24 Light Industrial Zones, as applicable to its respective zone. However, if a conflict exists between the standards of Chapter 30.24 and the standards in this Section, the standards of this Section shall prevail. B. The emergency shelter shall be located a minimum distance of 300 feet from another emergency shelter, with said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities. C. The number of beds permitted for each emergency shelter facility shall not exceed 45. D. The maximum length of stay by an individual in an emergency shelter shall not exceed six months in any consecutive 12-month period. No individual shall be denied emergency shelter because of inability to pay. E. Siqnage must meet standards set forth in Encinitas Municipal Code Chapter 30.60 Signs. F. If the site on which an emergency shelter is proposed to be located contains hazardous materials, remediation must be completed to a residential use standard before the site can be used for an emergency shelter. G. Off-street parking requirements shall comply with Encinitas Municipal Code Chapter 30.54 Off Street Parking for industrial uses, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Development Services Director. H. Bicycle parking shall be provided at a rate of one per five beds. I. The shelter shall be fully accessible to persons with a mobility impairment and those with a hearing or visual impairment. J. Each emergency shelter facility shall include an on-site interior client intake and waiting area of 10 square feet per bed. If an exterior waiting area is also provided, it shall be enclosed or screened from public view and adequate to prevent obstruction of the public right-of-way and required parking and access. No use permit shall be required for any outdoor use, including without limitation exterior waiting areas and exterior refuse areas, that are in conformance with the standards of this Chapter 30.36, K. The emergency shelter shall include an exterior refuse area screened from view. L. Lighting must meet standards for Light Industrial Zones set forth in Encinitas Municipal Code Section 30.24.010(H). M. Prior to the issuance of a Certificate of Occupancy or commencement of use of an emergency shelter, a written plan for operation of the facility shall be submitted for the review and written approval of the Development Services Director. The required plan shall include measures to address all of the following: 1. At least one facility manager shall be on-site at all hours the facility is open and one hour prior to and after shelter operating hours. At least one full-time equivalent employee (who may include the facility manager) shall be required to be on-site during shelter operating hours for every 20 beds in the shelter. 2. A set of facility rules and procedures for maintaining a safe environment within and outside the emergency shelter. 3. The posting of signage regarding rules of the emergency shelter. 4. Secure storage areas for personal possessions. 5. Description and hours of any organized outdoor activities, to be limited to 8:00 am to 7:00 pm. 6. The procedures for admittance and discharge of clients. 7. Staff training programs. 8. Referral services and distribution of resources available to clients for obtaining permanent shelter, mental and physical health care, career development, and educational, legal, and other supportive services. 9. Neighborhood outreach and communication strategies. 10. The manner in which the cleaning of client's clothing will be accommodated. On-site laundry facilities for clients are encouraged. 11. The following services may be provided for the exclusive use or benefit of the shelter residents. If any are provided, the operation plan shall include a description of those services: aa) Childcare services, and evidence that any required state license has been secured; b) Substance abuse counseling and evidence that any required state license has been secured: c) Standards, rules, and operational arrangements covering on-site meal preparation and/or other means of providing food: and d) The manner in which clients' pets will be accommodated. SECTION THREE: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION FOUR: Public Notice and Effective Date. The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act. SECTION FIVE: This Ordinance was introduced on 9th day of January, 2019. PASSED AND ADOPTED this 13th day of February, 2019 by the following vote to wit: AYES: Blakespear, Hinze, Hubbard, Kranz, Mosca NAYS: None ABSTAIN: None ABSENT: None i Catherine S. Blakespear, Mayor, City of Encinitas ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance No. 2019-01 which has been published pursuant to law. Kathy Hollywood, City Clerk