O 677 ORDINANCE NO. 677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO ,
GRANDE AMENDING TITLE 16 OF . THE ARROYO GRANDE
MUNICIPAL CODE. REGARDING EMERGENCY SHELTERS AND
SUPPORTIVE AND TRANSITIONAL HOUSING
WHEREAS, the City of Arroyo Grande ("City") seeks to be in compliance with the State
of California's regulations for the allowance of emergency shelters as required by State
Senate Bill 2 (SB2), effective January 1, 2008, and codified in California Government
Code Section 65583; and
WHEREAS, Government Code Section 65583 obligates cities and counties to establish
a zoning district that allows emergency shelters as a land use which does not require a
conditional use permit or other discretionary approval, and allows for the opportunity to
create written standards for the development and operation of emergency shelters; and
WHEREAS, SB2 stipulates that supportive housing and transitional housing shall be
considered residential uses, only subject to those restrictions that apply to other
residential uses of the same type in the same zone; and
WHEREAS, Housing Element Policy K.2 calls for amending the Development Code to
be in compliance with SB2; and
WHEREAS, the State Office of Housing and Community Development (HCD) requires
implementation of Housing Element Programs K.2.1 and K.2.2 regarding emergency
shelters and supportive and transitional housing prior to certification of the City's
Housing Element; and
WHEREAS, a State-approved Housing Element is required for eligibility for certain
grants; and
WHEREAS, the City Council has considered the proposed Ordinance approving
Development Code Amendment ;14-006 at a duly noticed public hearing on March 22,
2016; and ,
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed amendment to Title 16 of the Arroyo Grande Municipal Code
(AGMC) is consistent with the goals, objectives, policies and programs of the
general plan, and is necessary and desirable to implement the provisions of
the general plan.
ORDINANCE NO. 677
PAGE 2
The proposed Development Code Amendment to add a new Section
16.52.091 pertaining to standards for emergency shelters and modify
Tables 16.32.040(A) and 16.36.030(A) pertaining to supportive and
transitional housing is consistent with the following policy of the Housing
Element:
Policy K.2. The City shall allow emergency shelters for overnight lodging
in appropriate zoning districts as part of the Development Code Update in
compliance with State law.
B. The proposed amendment will not adversely affect the public health, safety,
and general welfare or result in an illogical land use pattern.
The proposed Development Code Amendment adds standards for
emergency shelters which ensure that operating characteristics of any
emergency shelter do not adversely impact public health, safety, and
general welfare of the community in which a shelter is located.
Compliance with the requirements of California Government Code Section
65583 for supportive housing and transitional housing will be of benefit to
the public.
C. The proposed revisions are consistent with the purpose and intent of Title 16,
satisfy the intent of Chapters 16.04, 16.32 and 16.36 of the Municipal Code
and provide for internal consistency.
D. The potential environmental impacts of the proposed Development Code
Amendment are insignificant.
The proposed Development Code Amendment is exempt from
environmental review under the "general rule" at Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guide lines because it
can be seen with certainty that there is no possibility that the proposed
Development Code Amendment may have a significant effect on the
environment.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated
herein by this reference.
SECTION 2: The following definitions in Arroyo Grande Municipal Code Subsection
16.04.070.C. are hereby added'as follows:
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ORDINANCE NO. 677
PAGE 3
16.04.070.C. Definitions
"Emergency shelter" means 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 (as defined by California Health and Safety Code Section 50801(e)).
"Supportive housing" means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to onsite or offsite service that assists the
supportive housing resident in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and, when possible, work in the
community (as defined by Government Code Section 65582). Supportive housing
shall be considered a residential use of property, and shall be subject only to those
restrictions that apply to other residential dwellings of the same type in the same zone.
"Target population" means persons with low incomes who have one or more
disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic
health condition, or individuals eligible for services provided pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with
Section 4500) of the Welfare and Institutions Code) and may include, among other
populations, adults, emancipated minors, families with children, elderly persons,
young adults aging out of the foster care system, individuals exiting from institutional
settings, veterans, and homeless people (as defined by Government Code Section
65582).
"Transitional housing" means a building or buildings configured as rental housing
developments, but operated under program requirements that require the termination
of assistance and recirculation of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than six (6)
months from the beginning of the assistance (as defined by Section 50675.2 of the
Health and Safety Code). Transitional housing shall be considered a residential use
of property, and shall be subject only to those restrictions that apply to other
residential dwellings of the same type in the same zone. Transitional housing does
not include state licensed residential care facilities.
SECTION 3: Table 16.32.040-A in Section 16.32.040 of the Arroyo Grande Municipal is
hereby amended to add the following uses:
ORDINANCE NO. 677
PAGE 4
Table 16.32.040(A)
Uses Permitted Within Residential Districts
, PGJ IZIPM . MHP
D-2,4
we
18. Supportive PP P P P P P P P P
housing
19. Transitional PP P P P P P P P P
housing
SECTION 4: Arroyo Grande Municipal Code Section 16.36.030 is hereby amended as
follows:
Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
,Allowed Land [ VCD`'° VMU`•• GMU FOM!J HMU
. [ D 1N1 HCO ' D=EAM1 °` �.,
Permit D-2.4 HCO .
Requirements . D-2.4
;OLAND:USE ' s.
B. SERVICES
- GENERAL
Emergency MUP NP NP NP NP NP MUP NP NP
shelters
SECTION 5: Arroyo Grande Municipal Code Section 16.52.091 is hereby added:
16.52.091 — Emergency shelters.
A. Purpose and Intent. It is the purpose of this section to facilitate and encourage
the provision of emergency shelters for homeless persons and households by
allowing_ permanent year-round emergency shelters without a conditional use
permit or other discretionary action in the Industrial Mixed Use (IMU) and Highway
Mixed Use (HMU) zoning districts, subject only to the same development
standards that apply to other permitted uses in these zones, except for the
following requirements unique to emergency shelters, as authorized by
Government Code Section 65583(a)(4).
B. Permit requirements.
1. Emergency shelter facilities shall comply with all federal and California
State licensing requirements.
2. Emergency shelter facilities shall comply with all applicable Uniform
Building Codes, Plumbing Codes and Fire Codes, including maximum
occupancy restrictions.
ORDINANCE NO. 677 ,
PAGE 5
C. Minimum site design and development standards. An emergency shelter is
subject to all property development standards of the zoning district in which it is
located except as modified by the following standards:
1. The maximum, number of beds, or persons to be served nightly by an
emergency shelter shall be thirty-four (34).
2. Off-street parking shall include one (1) vehicle parking space per three (3)
beds and one (1) space per employee on the largest shift. A covered and
secured area for bicycle parking shall be provided for use by staff and
clients, commensurate with demonstrated need, but no less than a
minimum of eight (8) bike parking spaces.
3. Exterior lighting shall be provided for security purposes. The lighting shall
be stationary, directed away from adjacent properties and public right-of-
way, and of an intensity compatible with the neighborhood.
4. Security shall be provided for residents, visitors and employees during the
hours that the emergency shelter is in operation.
5. On-site management shall be provided. The agency or organization
operating the shelter shall comply with the following requirements:
a. Temporary shelters shall be available to residents for no more than six
(6) months within a twelve (12) month period. The days of stay need not
be consecutive.
b. Staff and services shall be provided to assist residents to obtain
permanent shelter and income.
c. The provider shall have a written management plan including, as
applicable, provisions for staff training, neighborhood outreach, security,
screening of residents to insure compatibility with services provided at
the facility, and for training,' counseling and treatment programs for
residents. .
6. Appropriately sized and located exterior and interior on-site waiting and
intake areas shall be provided.
7. Laundry facilities or services shall be provided that are adequate for the
number of residents.
8. Emergency shelter facilities shall provide a refuse storage area that is
completely enclosed with masonry walls not less than five (5) feet high with
a solid-gated opening that is large enough to accommodate standard-sized
trash and recycling bins, or other enclosures as approved by the Director of
Community Development. The refuse enclosure shall be accessible to
refuse collection vehicles.
9. The facility may provide one or more of the following specific common
facilities for the exclusive use of the residents and staff:
a. Central cooking and dining room(s).
b. Recreation room.
c. , Counseling center.
d. Child care facilities.
e. Other supportive services.
10. Organized outdoor activities may only be conducted between the hours of
8:00 a.m. and 9:00 p.m. for noise abatement purposes.
ORDINANCE NO. 677
PAGE 6 -
11. An emergency shelter shall not be located within three hundred (300) feet of
another emergency shelter, kindergarten through 12th grade curriculum
school, child care center, or park as measured from the closest property
line.
12. No individual or household shall be denied em ergency shelter because of
an inability to pay. ,
SECTION 6: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph-, sentence, or clause be declared
unconstitutional.
SECTION 7: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 8: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 9: This Ordinance shall take effect thirty (30) days from the date of adoption.
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ORDINANCE NO. 677
PAGE 7
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of April, 2016.
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ORDINANCE NO. (077
PAGE 8
JIM ILL, MAYOR
ATTEST:
' [ '
KELL ETi/ ORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THO /' • ITY MANAGER
APPROVED AS TO FORM:
'
'' ATHER K. WHITHAM, CITY ATTORNEY
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County_ of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 677 which was introduced at a regular meeting of the
City Council on March 22, 2016; was passed and adopted at a regular meeting of
the City Council on the 13th day of April 2016; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th
day of April 2016.
r .. / 1 UShLIVI .
KELL WE/MORE, CITY CLERK