(A) Purpose and Intent. In addition to the objectives prescribed in § 156.002 of this chapter, this section is added to achieve the following purposes:
(1) To provide for the placement of emergency shelters within the city;
(2) To address the special needs and characteristics of emergency shelters;
(3) To insure housing provided by emergency shelters will meet building, health, safety and access standards;
(4) To provide sufficient open space, parking and circulation to meet the needs of the emergency shelter;
(5) To provide compatibility with other uses allowed within the zoning districts in which emergency shelters are located; and
(6) To provide a safe environment for emergency shelter residents.
(B) Shelter Permit Required. In accordance with the provisions of this section, a shelter permit application shall be approved by the City Council, and obtained prior to occupation of any qualified site by an emergency shelter, and prior to approval of either a building permit or a change of occupancy permit, if required.
(C) Shelter Permit Application Requirements.
(1) Application forms. Applications for shelter permits shall be filed with the Community Development Director, and shall be on forms supplied by the Department for shelter permits. Applications shall include the following information:
(a) Name and address of the applicant;
(b) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the emergency shelter is proposed to be located;
(c) Address and assessor's parcel number of the property; and
(d) Statement indicating the precise manner of compliance with each of the applicable provisions of the section and chapter.
(2) Maps. The application shall be accompanied by the following plans and drawings:
(a) A scaled site plan showing the existing and projected uses on the site, and including the existing uses on parcels surrounding the site for at least 300 feet;
(b) An accurate, scaled set of elevations and floor plans for the building which show how the building will meet required building standards; and
(c) Information detailing how the emergency shelter will meet the required site standards.
(3) Fees. The application shall be accompanied by a Conditional Use Permit fee established by resolution of the council to cover the cost of handling the application as prescribed in this section.
(D) Investigations and Reports. The Community Development Director shall make an investigation of the application, and shall prepare a report thereon which shall be submitted to the City Council.
(E) City Council Public Meeting. The City Council shall hold at least one public meeting. Unless otherwise directed by the Council, the City Clerk shall set the time and place of the meeting. Notice of the public meeting shall be given as prescribed in this chapter, when applicable, and shall also be given to the applicant.
(F) City Council Public Meeting Procedure. At the public meeting, the City Council shall review the application and the report provided by the Community Development Director regarding the application. Within 15 days of the close of the public meeting, the Council shall make a specific finding as to whether the emergency shelter will meet the standards outlined in §§ 155.040 (N) and (O) of this chapter.
(G) Action of the City Council. The City Council shall act within 15 days after the close of the public meeting. The City Council must approve the shelter permit if a finding is made that the shelter meets the standards listed in § 155.040 of this chapter. The City Council must deny the shelter permit if a finding is made that the shelter does not meet the standards listed in § 155.040 of this chapter. Within five days of the final action of the City Council, the City Clerk shall provide a written notice of the action to the applicant.
(H) Effective Date of Shelter Permits. A shelter permit will become effective ten days following the date on which the City Council approved the permit.
(I) Lapse of Shelter Permits. A shelter permit shall lapse and become void one year from the date on which the shelter permit becomes effective unless, prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the shelter permit application, or a certificate of occupancy is issued for the structure which was the subject of the shelter permit application, or the site is occupied if neither a building permit or change of occupancy was required.
(J) Renewal of Lapsed Shelter Permits. A lapsed shelter permit may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the shelter permit or the renewal becomes effective, an application for the renewal is filed with the Community Development Department. The City Council may grant or deny an application for the renewal of the lapsed shelter permit. Divisions 155.040 (B) through (G) of this chapter shall apply to an application for the renewal of a lapsed shelter permit.
(K) Modification of Shelter Permit. All standards contained in § 155.040 of this chapter shall apply to an application for modification, expansion or other change to an approved shelter permit.
(L) Suspension and Revocation. Upon a violation of any applicable provision of this section, or of the conditions of the shelter permit, the shelter permit shall be suspended automatically. The City Council shall hold a public hearing within 45 days of such suspension, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the shelter permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.
(M) Compliance with Development Standards. All emergency shelters located within the city shall comply with the development standards contained within this section. The application of the development standards shall occur at the time of issuance of a shelter permit approved by the City Council.
(N) Site Development Standards.
(1) Parcels selected for the placement of emergency shelters shall meet minimum parcel sizes for the zoning district in which they are located. Parcels must be available for use without the issuance of a variance.
(2) Buildings used as emergency shelter sites shall meet all handicapped access, health, safety, building and fire standards. Non-conforming buildings shall not be used for emergency shelters. Prior to occupancy, a Change of Occupancy permit, which indicates the building has met the required building standards, must be approved by the City Building Official. The Building Official shall determine the number of residents allowed to occupy the building. The Building Official shall also make the determination of ccupant loading using the Uniform Building Code, as adopted by the city.
(3) Buildings used as emergency shelter sites shall provide housing accommodations and needed support services to homeless persons on a day to day basis, with a duration of residency not to exceed six months. Emergency shelters are intended to provide interim, temporary housing to residents for whom other housing options are not readily available or affordable, and are not intended to provide long term housing needs.
(4) A minimum of one parking space for every eight residents, plus an additional one parking space for each two employees on a shift at the site, shall be provided on-site. All parking provided shall meet the standards for access, parking, loading, and landscaping provided in this chapter.
(5) Exterior security lighting shall be provided at all access points to the building and within all parking areas. Lighting shall be placed so as to light the interior of the parking areas, and shall be placed so as to not create glare or impact adjoining parcels.
(6) Signs placed on-site shall meet all requirements of this chapter. Sign standards shall be applied according to the zoning district in which the shelter site is located.
(7) No emergency shelter shall be placed within 1000 feet of any school or other emergency shelter.
(8) Any preparation, storage, or serving of food on the premises shall comply with the requirements for such use as required by the Humboldt County Public Health Department.
(9) Child-care provided on-site shall meet the standards required by the State of California for day care facilities.
(10) Open Space shall be provided on-site at a ratio of five square feet per resident. The number of residents shall be as determined by the City Building Official. The parking provided for the site, or any paved area, shall not count as required open space. Open space provided shall meet all other standards as required for other residential uses as described in § 155.035 of this chapter.
(11) Storage areas, including garbage and recycling areas located exterior to the building, shall be screened with a six foot opaque barrier acceptable to the city.
(12) Emergency shelters shall be located within 1000 feet of a bus line with pedestrian access available to the bus stop.
(O) Shelter Operation.
(1) Shelter operators shall either be a government agency, or a private for non-profit, or a non-profit organization which can demonstrate the ability to meet the standards required for shelter operation.
(2) Methods of demonstrating this ability shall include but not be limited to demonstrating past experience in operating the type of shelter proposed, oversight by another organization with past experience in operating the same type of shelter proposed, or the ability to obtain or otherwise meet the State requirements for operators of facilities for mentally disordered, handicapped persons, alcoholism or drug abuse facilities or for health/community care facilities.
(3) A minimum of one paid employee for every 30 shelter residents must be on-site during the hours of operation of the shelter.
(4) Shelter operators shall provide a program which details the supervision of shelter residents. The program shall include a means by which the surrounding neighborhood will be kept free from garbage, unattended or inoperable vehicles or other surplus items left by shelter residents. All such items left on-site at the shelter shall be screened as approved by the city.
(5) Shelter operators shall insure that the County Mental Health and Public Health Departments shall have access to the shelter site to provide direct services to the shelter residents.
(6) Support services which maintain separate offices at the shelter site shall meet the parking standards for their particular use as required by this chapter. Support services which share office space with shelter office space will be counted with that space for the purpose of determining parking requirements.
(7) Shelter operators shall provide a program acceptable to the Eureka Police Department which addresses the need for the coordination of police services to the site and the surrounding neighborhood. The program submitted shall address the need for private security personnel supplied by the shelter operators.
(8) Shelter operations shall comply with the ambient noise levels established at the shelter site.
(P) Emergency Shelter in Permitted Zones. Emergency shelters shall be allowed within the Service Commercial Zoning District (CS), the Light Industrial Zoning District (ML), and the General Industrial Zoning District (MG) with the issuance of a shelter permit as prescribed in this section. Emergency shelters located outside of the Coastal Zone shall comply with Chapter 155.
(Ord. 631-C.S., passed 9-7-99)