HomeMy WebLinkAbout75A - PH - AMEND ZONING ORD RELATED TO EMERGENCY SHELTERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 5, 2013
TITLE:
PUBLIC HEARING -ZONING ORDINANCE
AMENDMENT NO. 2013-01 TO AMEND THE
SANTA ANA MUNICIPAL CODE RELATED TO
EMERGENCY SHELTERS, TRANSITIONAL
AND SUPPORTIVE HOUSING FOR THE
HOMELESS
CITY MAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2ntl Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving Zoning Ordinance Amendment No. 2013-01.
PLANNING COMMISSION ACTION
On July 22, 2013, the Planning Commission recommended that the City Council adopt an
ordinance approving Zoning Ordinance Amendment No. 2013-01 by a vote of 6:0 (Alderete
absent) to amend the Santa Ana Municipal Code in order to establish regulations related to
emergency shelters, transitional housing and supportive housing for the homeless.
SUMMARY
This ordinance was prepared in compliance with the requirements of Senate Bill 2, which
provides that California cities and counties must plan for the needs of people that are homeless
by allowing emergency shelters and transitional housing "by-right." Additional background
information and other details are contained in the attached Planning Commission staff report
(Exhibit A).
The Planning Commission made no changes to the ordinance outlined in Exhibit A.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja . Trevino
Executive Director
Planning & Building Agency
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Exhibit: A. Planning Commission Staff Report
B. Ordinance 75A-1
75A-2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JULY 22, 2013
TITLE:
PUBLIC HEARING - FILED BY THE CITY OF
SANTA ANA, ZONING ORDINANCE AMENDMENT
NO. 2013-01 TO AMEND THE SANTA ANA MUNICIPAL
CODE RELATED TO EMERGENCY SHELTERS,
TRANSITIONAL AND SUPPORTIVE HOUSING FOR
THE HOMELESS
PLANNING COMMISSION SECRETARY
APPROVED
0 As Recommended
11 As Amended
? Set Public Hearing For
DENIED
H Applicant's Request
O Staff Recommendation
CONTINUED TO
Prepared by Melanie G. McCann
? *---t-11xecutive -
Director
RECOMMENDED ACTION
Planning M ager
Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No.
2013-01.
Request of the Applicant
The City of Santa Ana is requesting approval of a zoning ordinance amendment to establish
regulations related to emergency shelters, transitional housing and supportive housing for the
homeless.
Project Description
The proposed Zoning Ordinance Amendment is based on the provisions of Senate Bill 2 (SB2),
Government Code, which require local agencies to identify one or more zones where emergency
shelters are allowed as a permitted use without a conditional use permit, provided that the zone(s)
include a sufficient number of sites to accommodate the number of homeless individuals in the
community. To comply with SB2 and address homeless needs in Santa Ana, this Zoning Ordinance
Amendment proposes to add definitions for Emergency Shelters and Multiservice Centers to serve
the homeless, and identifies Emergency Shelters and Multiservice Centers as permitted uses in the
industrial zones including Light Industrial (M1), Heavy Industrial (M2) and Industrial Specific
Developments (SD) districts, subject to separation requirements from residences, schools, parks
and other shelters. In addition, provisions to clarify Transitional Housing and Permanent Supportive
Housing to the Zoning Code are also proposed (Exhibit 1).
Protect Backaround
Senate Bill 2 (SB2) was adopted by the California State Legislature and became law in 2008. This
Bill added emergency shelters and transitional housing to the Government Code relating to local
planning, and required that General Plan Housing Elements identify one or more zones in the City
EXHIBIT A
75A-3
Zoning Ordinance Amendment No. 2013-01
July 22, 2013
Page 2
where emergency shelters would be allowed as a permitted use without a conditional use permit.
The zoning that is identified is to be of a sufficient amount of acreage and sites to accommodate the
unmet needs of local homeless persons. However, the statute gave local jurisdictions the ability to
establish certain operational and development standards for emergency shelters. In addition, SB2
requires that transitional housing and supportive housing be considered a residential use in City
codes, and subject only to those restrictions that apply to other residential dwellings in the same
zone.
The City's General Plan Housing Element was adopted in 2009, and included Policy Program
No. 47 to "create an overlay zone in the M-1 Light Industrial zone and select commercial zones that
encompass underutilized sites, with adequate access to transit, public services, and support
services". Over a period of several months staff has researched and reviewed other adopted SB2
ordinances by a range of cities in Orange County and surrounding communities, held workshops
and conducted interviews with emergency shelter providers, as well as toured a number of
emergency shelters and transitional housing facilities. Staff also held three Homeless Service
Provider Stakeholder meetings, as well as Industrial Property Stakeholder forum to discuss the draft
ordinance and understand public concerns.
Working with the service providers and touring existing facilities helped to further refine the site
location criteria. Factors such as proximity to transit, distance from sensitive uses, and the
availability of land and suitable facilities pointed to industrially-zoned properties as the most suitable
areas to allow for the introduction of emergency shelters.
Project Analysis
The proposed amendment to the Zoning Code will bring the City into compliance with State Law
outlined in SB2, as well as allow Santa Ana to quality for expedited review of the City's new Housing
Element. City staff is in the process of updating the Housing Element, which is due to the State
Department of Housing and Community Development (HCD) by the end of October 2013. Prior to
adoption of the Housing Element Update, the City must demonstrate compliance with SB2
requirements as included in the amended Sections 65582, 65583, and 65589.5 of the Government
Code. This code amendment is one of the actions that must be completed for the City to quality for
an expedited review process and an eight-year review cycle rather than four years.
The proposed amendment to the Zoning Code is in response to the provisions of SB2, which
requires local jurisdictions to identify one or more zones that allow emergency shelters as a
permitted use. The zoning that is identified must include a sufficient amount of acreage and sites to
accommodate the unmet need for the shelter of homeless people in Santa Ana. One key source of
information for Orange County's homeless population is the biennial Point-in-Time Count and
Survey. Every other January, communities across the United States conduct comprehensive counts
of their homeless population. The County of Orange conducted its most recent homeless census in
January 2013, though results are not yet available. The study used for the purposes of estimating
75A-4
Zoning Ordinance Amendment No. 2013-01
July 22, 2013
Page 3
Santa Ana's current need was the 2011 Point-in-Time count, which estimated that there were 6,939
homeless individuals in Orange County, with 20 percent of that total, or 1,388 homeless persons,
estimated to be from Santa Ana. Existing emergency shelters and transitional housing facilities in
Santa Ana serve some of this, but it is estimated that Santa Ana's unmet homeless housing need is
1,060 persons or beds.
Using information regarding the square footage of the existing emergency shelters that staff
researched and visited in preparing this ordinance, it is estimated that a total of 31 acres of land
would be needed to theoretically provide for enough emergency shelter space to meet Santa Ana's
unmet homeless housing need. These 31 acres are an estimated total aggregate and could be
comprised of a variety of facilities of varying sizes. The area proposed to allow for emergency
shelters, i.e. Industrially-zoned properties meeting the criteria, is approximately 995 acres. This
indicates that the City has identified enough acreage to meet the requirements of SB2 and also
allows for any new emergency shelters to be dispersed over a large area rather than being
concentrated in one part of town (Exhibit 2).
The proposed Ordinance Amendment identifies emergency shelters as a permitted use in the
industrial zones, provided certain standards are met. These are: separation of at least 500 feet from
residences, parks, child care centers, or schools; separation of at least 300 feet from another
emergency shelter; located within % mile of a transit stop.
In addition, the proposed Ordinance Amendment identifies standards for emergency shelters
including limits for the number of persons to be served nightly, parking, waiting and intake area,
support services, hours of operation, and length of stay. One key standard is a Management and
Operation Plan for detailing a security plan, procedures, the staff ratio to clients served, a "good
neighbor" communication plan, client transportation plan, and program for ongoing outreach to the
Santa Ana homeless population. The Management and Operational Plan is to be reviewed and
approved by the Planning Manager in conjunction with the Police Chief prior to issuance of permit to
minimize any impacts on surrounding industrial land uses.
As defined in the ordinance, an Emergency Shelter for Homeless in Santa Ana, would allow up to 30
beds or persons per night and would be permitted by right. Emergency shelters between over 30 beds,
but less than 150 beds would be allowed through a Conditional Use Permit. The ordinance also allows
for one large facility, permitted by right, that could serve as a replacement for the National Guard
Armory, which currently operates only a portion of the year and does not provide on-site services. This
large facility, defined as a Multiservice Center for Homeless, would have a minimum occupancy of 150
and a maximum occupancy of 200. The Multiservice Center would be required to provide a variety of
support services be open 24 hours a day, such that, after the designated check-out in the morning,
clients could remain on site to receive job training, health screening, legal counseling or other services
that the shelter operator might provide. By definition, overall occupancy of emergency shelters would
be limited to six months or less by a homeless person.
75A-5
Zoning Ordinance Amendment No. 2013-01
July 22, 2013
Page 4
The draft ordinance also proposes to allow limited expansion to existing emergency shelters with over
35 beds presently serving the homeless. As proposed, the existing non-conforming use, or shelter,
would be allowed to expand up to 75 beds provided certain standards are met. The limited shelter
expansion would need to conform to all signage, building setback, architectural standards, and
landscaping of the underlying zone, as well as the Emergency Shelter for Homeless standards, with
the exception of separation criteria.
Community Outreach
The draft Emergency Shelter/Transitional Supportive Housing Ordinance was crafted through a
collaborative process, which included the Police Department, Parks, Recreation and Community
Services, Housing Division and Planning Division staff. Seeking the experience of local experts, three
Service Provider Stakeholder meetings were held May 23, 2012, January 16, 2013, and most recently
on June 18, 2013 to review the draft ordinance. On June 4, 2013 the City Council Committee on
Development and Transportation was briefed on the proposed SB2 requirement and overview of the
draft ordinance. The Community Redevelopment and Housing Commission was also provided an
overview of the draft ordinance on June 18, 2013. Planning Commission Study Sessions were held
on June 27, 2012, May 28, 2013 and June 24, 2013.
In addition, notices were sent to approximately 1,900 Industrial property owners regarding a June 18,
2013 Industrial Properties forum, as well as upcoming Planning Commission and City Council public
hearing dates. Based on the input from the research conducted and these various stakeholders, the
draft ordinance was refined as proposed. All those parties expressing interest, including Service
Providers and Industrial Property stakeholder, were noticed of the Planning Commission and City
Council public hearing dates to consider the ordinance.
As follow-up to the July 8, 2013 Planning Commission, a meeting was held with the Lacy
Neighborhood Association on July 17'" to discuss the draft ordinance, particularly the proposal to allow
limited expansion to existing emergency shelters. In addition, Neighborhood Leaders throughout the
city were invited to an Emergency Shelter/Transitional Housing Informational Open House on July 191h
at the Southwest Senior Center. Both meeting were publicized through the City's Neighborhood
Improvement email contacts. All of the information regarding this process was posted to the City's
website.
With the proposed Zoning Ordinance Amendment, the City will be in compliance with Government
Code Sections 65582, 65583, and 65589.5 and provisions of the Housing Element. In addition, the
allowance for emergency shelters as a permitted use in the industrial zones will help implement the
Orange County Ten-Year Plan to End Homelessness. Based on the analysis above, it is
recommended that the Planning Commission recommend that the City Council adopt an ordinance
approving Zoning Ordinance Amendment No. 2013-01.
75A-6
Zoning Ordinance Amendment No. 2013-01
July 22, 2013
Page 5
CEQA Compliance
In accordance with the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California
Code of Regulations section 15061(b)(3), in that the proposed amendment to the Zoning Code will not
have a significant effect on the environment. A Notice of Exemption will be filed upon adoption of this
ordinance.
Melanie G. McCann, AICP
Associate Planner
i
Z
Ser ' otz, AICP
Principal Planner
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Attachments:
Exhibit 1 - Draft Ordinance
Exhibit 2 - Industrial Buffer Map
75A-7
ROH 07/17/13
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S
REGULATION OF EMERGENCY SHELTER AND
TRANSITIONAL AND SUPPORTIVE HOUSING.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. That the City of Santa Ana seeks to be in compliance with the State of
California's regulations for the allowance of emergency homeless shelters
as required by State Senate Bill 2 (SB2).
B. That the State of California Legislature passed SB2 (effective January 1,
2008) modifying State Housing Element law to require local planning and
zoning regulations to facilitate homeless shelters. Specifically, SB2
requires all cities and counties to provide at least one zoning category in
which emergency shelters can be located without discretionary approval
from the local government. The zoning category must be identified in the
locality's housing element, and include sites with sufficient capacity to
meet the local need for emergency shelter.
C. That after a thorough period of research and public involvement the
following standards have been developed in order to allow emergency
homeless shelters as required, while maintaining those regulations
necessary to provide for public health, safety and welfare.
D. The Request for Council Action for this ordinance dated August 5, 2013
shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
E. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418
of the City Charter. Any such restatement of existing provisions of the
Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
i
EXHIBIT 1
75A-8
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3. Section 41-55 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-55. Emergency Shelter for Homeless.
Housing with minimal supportive services for homeless persons that is
and used in Section 50801(e) of the California Health and Safety Code.
Section 4. Section 41-123 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-123. Multiservice Center for Homeless.
A site which is operated under the auspices of a government or non-profit
assistance.
Section 5. Section 41-158.5 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-158.5. Supportive Housing.
Housing with no limit on length of stay, that is occupied by persons and
defined by Section 50675.14 of the Health and Safety Code.
2
75A-9
Section 6. Section 41-163 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-163. Transitional Housing.
A building or buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
state licensed residential care facilities, also referred to as care homes.
Section 7. Section 41-681.5 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-681.5. Rehabilitation of Emergency Shelters for Homeless.
Rehabilitation of a nonconforming building which is an Emergency Shelter
for Homeless, includina structural alteration and/or enlargement, is permitted subject to the
following limitations:
(1) An existing Emergency Shelter for Homeless with a minimum
of 35 beds may expand to up to 75 beds.
(2) The rehabilitated Emergency Shelter for Homeless must
conform with all signage, building setback, architectural standards, and landscaping
(3) There shall be no enlargement which would result in a new
nonconformity with the requirements of this chapter.
Section 8. Section 41-1200 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Article XIII - Homeless Shelters
Sec. 41-1200. Homeless Shelters--Zones.
75A-10
An Emergency Shelter for Homeless or Multiservice Center for Homeless
Section 9. Section 41-1201 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-1201. Same-Standards.
(1) Occupancy. A maximum of 30 beds or persons may be served
nightly, with associated support service not open to the public. One Multiservice Center
(2) Separation Criteria. Said uses are to be located at least 500
(3) Parking. One (1) vehicle parking space shall be provided per
(8) bike parking spaces.
(5) Support Services. Emergency Shelters shall allocate sufficient
areas on site, outside of any required landscape areas, to provide the following minimal
support services:
a. Food preparation and dining areas.
b. Laundry facilities.
C. Restrooms and showers
d. Areas to secure and store client belongings.
75A-11
Conditional Use Permit consistent with Article V of this chapter.
Emergency Shelter for Homeless or Multiservice Center for Homeless, as measured from
the closest property line. Said uses shall be located within '/-mile of a transit stop.
(4) Waiting and Intake Area. A client waiting and intake area shall
e. Indoor and outdoor recreational facilities and/or open
space
permanent shelter and income. Referral services refers
to the initial assessment of a homeless client to identify
the areas in which assistance is needed, and
connecting clients with appropriate off-site programs
and services depending on their need.
consecutive.
(8) Management and Operation Plan. The applicant or operator
(9) Restrooms. The number of toilet and showers shall comply
with applicable Building Codes and Plumbing Codes.
75A-12
transitional and permanent housing solutions.
(6) Hours of Operation. A Multiservice Center for Homeless with a
capacity of 150 beds shall be open 24 hours a day. Emergency Shelters for Homeless
Review applies, then the Management and Operational Plan should be submitted and
reviewed concurrently with those applications. The Plan shall remain active throughout
(10) Trash Enclosure and Loading Zone. Each facility shall have a
trash enclosure and loading zone as provided in section 41-623 of this chapter.
(11) Staff/Security. A 24 hour emergency contact person shall be
designated. Staff and/or Security shall be on the premises at all times for Multiservice
Centers or Homeless Shelters open 24 hours a day, as detailed and approved in the
Management and Operation Plan.
(12) Applicable Laws. The facility shall comply with all other laws.
Section 10. Section 41-1202 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-1202. Transitional and Supportive Housing--Zones.
Transitional Housing and 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.
Section 11. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of 2013
Miguel A. Pulido
Mayor
75A-13
protecting sensitive uses from airport related noise levels.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge, Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75A-14
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EXHIBIT 2
75A-15
75A-16
ROH 07/17/13
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO ADOPT THE CITY'S
REGULATION OF EMERGENCY SHELTER AND
TRANSITIONAL AND SUPPORTIVE HOUSING
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. That the City of Santa Ana seeks to be in compliance with the State of
California's regulations for the allowance of emergency homeless shelters
as required by State Senate Bill 2 (SB2).
B. That the State of California Legislature passed SB2 (effective January 1,
2008) modifying State Housing Element law to require local planning and
zoning regulations to facilitate homeless shelters. Specifically, SB2
requires all cities and counties to provide at least one zoning category in
which emergency shelters can be located without discretionary approval
from the local government. The zoning category must be identified in the
locality's housing element, and include sites with sufficient capacity to
meet the local need for emergency shelter.
C. That after a thorough period of research and public involvement the
following standards have been developed in order to allow emergency
homeless shelters as required, while maintaining those regulations
necessary to provide for public health, safety and welfare.
D. The Request for Council Action for this ordinance dated August 5, 2013
shall by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council at this meeting, shall additionally constitute the necessary
findings for this ordinance.
E. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of Section 418
of the City Charter. Any such restatement of existing provisions of the
Code is not intended, nor shall it be interpreted, as constituting a new
action or decision of the City Council, but rather such provisions are
repeated for tracking purposes only in conformance with the Charter.
Exhibit B
75A-17
Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review
pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of
Exemption will be filed upon adoption of this ordinance.
Section 3. Section 41-55 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-55. Emergency Shelter for Homeless.
Housing with minimal supportive services for homeless persons that is
limited to occupancy of six months or less by a homeless person, where no individual or
household may be denied emergency shelter because of an inability to pay: as defined
and used in Section 50801(e) of the California Health and Safety Code.
Section 4. Section 41-123 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-123. Multiservice Center for Homeless.
A site which is operated under the auspices of a government or non-profit
agency, for the purposes of bringing together essential services to meet the needs and
development of homeless clients. Limited to occupancy of six months or less by a
homeless person. A Multiservice Center shall include intake, assessment, and
individualized case management services for homeless clients. Services provided shall
address basic and immediate necessities, such as overniaht shelter, showers food,
medical attention and mental health services, as well as higher level needs, including, but
not limited to, computer access. job training and placement, life skills coaching and legal
assistance.
Section 5. Section 41-158.5 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-158.5. Supportive Housing.
Housing with no limit on length of stay, that is occupied by persons and
families who were homeless when approved for tenancy in the supportive housing project
in which they currently reside, and that is linked to onsite or offsite services that assist 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 Section 50675.14 of the Health and Safety Code.
75A-18
Section 6. Section 41-163 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-163. Transitional Housing.
A building or buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months: as defined in
Section 50675.2 of the Health and Safety Code. Transitional Housing does not include
state licensed residential care facilities, also referred to as care homes.
Section 7. Section 41-681.5 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-681.5. Rehabilitation of Emergency Shelters for Homeless.
Rehabilitation of a nonconforming building which is an Emergency Shelter
for Homeless, including structural alteration and/or enlargement, is permitted subject to the
following limitations:
(1) An existing Emergency Shelter for Homeless with a minimum
of 35 beds may expand to up to 75 beds.
(2) The rehabilitated Emergency Shelter for Homeless must
conform with all signage, building setback, architectural standards, and landscaping
requirements of the underlying zone, as well as all Emergency Shelter for Homeless
standards, except separation criteria, found in this chapter.
(3) There shall be no enlargement which would result in a new
nonconformity with the requirements of this chapter.
Section 8. Section 41-1200 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Article XIII - Homeless Shelters
Sec. 41-1200. Homeless Shelters--Zones.
An Emergency Shelter for Homeless or Multiservice Center for Homeless
shall be a permitted use on any parcel within the M1 (Light Industrial) or M2 (Heave
Industrial) or Industrial Specific Development (SD) zones Each facility shall comply with
all of the required development and operational standards of the zone in which it is
located.
75A-19
Section 9. Section 41-1201 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-1201. Same-Standards.
Where permitted, any Emergency Shelter for Homeless or Multiservice
Center for Homeless shall comply with the following:
(1) Occupancy. A maximum of 30 beds or persons may be served
nightly, with associated support service not open to the public. One Multiservice Center
may be permitted in the City of Santa Ana, allowing a minimum of 150 beds or persons
may be served nightly and maximum of 200 beds. Any Emergency Shelter for Homeless
with greater than 30 beds, but less than 150 beds, shall be subject to approval of a
Conditional Use Permit consistent with Article V of this chapter.
(2) Separation Criteria. Said uses are to be located at least 500
feet from any residential use or residentially zoned property, park child care center, or
kindergarten through 12th grade curriculum school, as measured from the closest property
or like features. In addition, at least 300 feet shall be maintained from any other
Emergency Shelter for Homeless or Multiservice Center for Homeless, as measured from
the closest property line. Said uses shall be located within '/z-mile of a transit stop.
(3) Parking. One (1) vehicle parking space shall be provided per
5 beds. 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.
(4) Waiting and Intake Area. A client waiting and intake area shall
be provided and contain a minimum of ten (10) square feet per bed provided at the facility.
The client waiting and intake area shall be screened from the public right of way by a solid
wall of at least six (6) feet in height, and shall be sufficient in size to accommodate all
persons waiting to enter the facilitv.
(5) Support Services. Emergency Shelters shall allocate sufficient
areas on site outside of any required landscape areas to provide the following minimal
support services:
a. Food preparation and dining areas.
b. Laundry facilities.
C. Restrooms and showers
d. Areas to secure and store client belongings.
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e. Indoor and outdoor recreational facilities and/or open
space
f. A private area for providing referral services to assist
shelter clients in entering programs aimed at obtaining
permanent shelter and income. Referral services refers
to the initial assessment of a homeless client to identify
the areas in which assistance is needed, and
connecting clients with appropriate off-site programs
and services depending on their need.
Multiservice Center or Emergency Shelters for Homeless with
capacity for 150 or more beds shall provide a kitchen and essential services to meet the
needs and development of homeless clients to facilitate homeless persons to obtain
transitional and permanent housing solutions.
(6) Hours of Operation. A Multiservice Center for Homeless with a
capacity of 150 beds shall be open 24 hours a day. Emergency Shelters for Homeless
providing less than 150 beds are not required to be open 24 hours a day. Clients for
Multiservice Centers or Emergency Shelters for Homeless shall have a specified check out
time as detailed in the Management and Operation Plan, but may remain on the premises
to utilize onsite services offered.
(7) Length of Stay. The length of stay of an individual client shall
not exceed six (6) months within a twelve (12) month period: days of stay need not be
consecutive.
(8) Management and Operation Plan. The applicant or operator
shall submit a Management and Operation Plan for the Emergency Shelter and/or Multi-
Service Center for review and approval by the Planning Manager in consultation with the
Chief of Police at the time the project is proposed prior to issuance of permits. If Site Plan
Review applies, then the Management and Operational Plan should be submitted and
reviewed concurrently with those applications. The Plan shall remain active throughout
the life of the facility, with any changes subject to review and approval by City Planning
Manager in consultation with the Chief of Police. The Plan shall be based on "Best
Practices" and include, but not be limited to, a security plan, procedures, list of services
staff training, "good neighbor" communication plan client transport and active
transportation plan, ratio of staff to clients, client eligibility and intake and check out
Management Information Services. The City may inspect the facility at any time for
compliance with the facility's Operational Plan and other applicable laws and standards
(9) Restrooms. The number of toilet and showers shall comply
with applicable Building Codes and Plumbing Codes.
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(10) Trash Enclosure and Loading Zone. Each facility shall have a
trash enclosure and loading zone as provided in section 41-623 of this chapter.
(11) Staff/Security. A 24 hour emergency contact person shall be
designated. Staff and/or Security shall be on the premises at all times for Multiservice
Centers or Homeless Shelters open 24 hours a day, as detailed and approved in the
Management and Operation Plan.
(12) Applicable Laws. The facility shall comply with all other laws,
rules and regulations that apply, including Building and Fire codes and shall be subject to
City inspections prior to Operational Plan approval. In addition, the facility is to be
consistent with City Airport Land Use Environs Element policies, particularly as it relates to
protecting sensitive uses from airport related noise levels.
Section 10. Section 41-1202 of Chapter 41 of the Santa Ana Municipal Code is
hereby added to read as follows:
Sec. 41-1202. Transitional and Supportive Housing--Zones.
Transitional Housing and 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.
Section 11. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ADOPTED this day of 2013
Miguel A. Pulido
Mayor
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ryan O. Hodge, Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on , and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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