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