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HomeMy WebLinkAbout871332 ORDINANCE NO. 871 ~N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 2i AND ADDING ARTICLE 15.5 TO CHAPTER 2 OF DIVISION 9 OF THE L~IAH CITY CODE, REGULATING THE LOCATION AND OPERATION OF HOMELESS FACILITIES. PREAMBLE: The City Council of the City of Ukiah finds that: I. There are significant numbers of persons within the City who are temporarily displaced and homeless and in need of proper shelter. 2. State law stipulates and the City of Ukiah General Plan states that the issue of homeless shelters shall be addressed. 3. Within the City there is currently a lack of adequate facilities to provide emergency and temporary housing for such persons. Under state law the City has an obligation not to discriminate against emergency shelters in the administration of its zoning ordinance and to identify where emergency shelters can locate within City limits. 4. The lack of adequate homeless facilities increases demands on police, emergency and social welfare services as well as imposing a hardship on all citizens of the City, including the homeless themselves. 5. In the past the City has encountered difficulties in determining the appropriate location for these facilities in relation to existing and proposed future uses of property within City limits. Ail property uses will be benefitted if regulations are adopted that provide certainty as to where and under what conditions homeless facilities can be located. Now, therefore, the City Council of the City of Ukiah does hereby ordain as follows. SECTION ONE. Sections 9293.01-9293.04 are added to Article 21 of Chapter 2 of Division 9 of the Ukiah City Code as follows. Section 9293.01- "Homeless facilities" defined: Homeless facility means a building or group of buildings designed or adaptable for human occupation located on a parcel or adjacent parcels in the same ownership, operated by a public agency, non-profit, charitable or governmental organization to provide emergency or temporary shelter for homeless or displaced persons. Facilities accommodating battered persons are not homeless facilities. Section 9293.02- "Homeless facility - small" defined: Homeless facility-small or small homeless facility means a homeless facility for 12 or fewer persons, plus a maximum of two permanent, live-in staff. 333 Section 9293.03 - "Homeless facility-large" defined: Homeless facility-large or large homeless facility means a homeless facility for 13 or more persons. Section 9293.04- "Homeless facility zone" defined: Homeless facility zone means one of four zones into which the City is divided for purposes of siting homeless facilities. The zones are: Zone 1 - Perkins Street North, which includes the entire City north of Perkins Street. Zone 2 - Perkins-Gobbi, which includes Perkins Street and the entire City to the south side of Gobbi Street. Zone 3 - Gobbi West, which includes the entire City west of the centerline of State Street and south of Gobbi Street. Zone 4 - Gobbi East, which includes the entire City east of the centerline of State Street and south of Gobbi Street. SECTION TWO. Article 15.5, entitled "Homeless facilities" is added to Chapter 2 of Division 9 of the Ukiah City Code to read as follows. Article 15.5 - Homeless facilities Section 9171 - Location of Homeless facilities a. Small homeless facilities. Subject to first securing a Homeless Facility Permit as provided in Section 9172, small homeless facilities may be established in any district or portion of a district defined in this chapter, with the following exceptions: I. Small homeless facilities may not be established in an R-I, Single Family Residential district. b. Large homeless facilities. Large homeless facilities may be established in any city zoning district subject to first securing a use permit pursuant to Article 18 (commencing with Section 9225) of this Chapter. A condition of granting a use permit shall be that the facility meets the requirements specified for a Homeless Facility Permit. c. Excluded Area. No homeless facilities, whether large or smal~ may be established within the area bounded by the following city streets: Mason, Perkins, Railroad Tracks, Clay, Oak, Henry, State and Norton, including properties fronting on said streets. Section 9172 - Homeless Facility Permits: No more than two small homeless facilities shall operate at the same time within a homeless facilities zone. Homeless Facility Permits shall be issued by the Director of Community Development for each homeless facilities zone pursuant to the following procedures. 334 a. Application. Application for a Homeless Facility Permit ("HFP") shall be on a form provided by the Department of Community Development ("Department"). following items: i. The application form shall require information on the Physical description or plans for buildings and site. ii. Maximum number of persons to occupy a facility. iii. Outdoor open space for occupants. iv. Hours of operation. v. Length of stay for occupants. vi. A description of toilet/bath facilities. vii. Description and qualifications of agency operating facility. viii. Evidence that facility complies with applicable building and fire codes. ix. Operational Plan detailing: - Management system - Meal program - Lodging accommodations - Police assistance plan - Agency referral system - Facilities/amenities lists - Intake and screening process The application shall contain a certification, signed by the applicant or its authorized agent, that the applicant will operate the facility strictly in accordance with the information provided in the application. b. Standards. The application shall demonstrate compliance with the following standards: i. A minimum of 50 square feet of occupiable outdoor open space shall be provided, exclusive of parking space and driveways, per occupant. ii. Facilities shall contain a minimum of one bath/shower fixture and one toilet fixture per six occupants. iii. Facilities shall only accept occupants referred ~y another agency such as the Ministerial Association, law enforcement, Social Services, etc. or a source in accordance with the approved management plan (no occupants allowed on a drop-in basis). iv. Buildings must meet all building and fire code requirements. v. One on-site parking space per bedroom and one on-site parking space for each employee per eight hour shift must be provided. c. Procedures. Applications shall be received in the Department and approved in accordance with the following procedures: i. Within 30 days after receiving the application the Department will determine whether the application is complete. If the application is not complete, the Department will notify the applicant of what additional information is necessary to complete the application. ii. Upon determining that the application is complete, the Department shall give notice to property owners within 300 feet of the parcel boundaries on which the facility is proposed that the application is on file. Said notices shall also indicate that the application is available for public review, and that written public comments on the application will be accepted and considered, if received in the Department within twenty (20) days from the date of the notice. iii. At the expiration of twenty (20) days from the date of the notice to property owners, the Director of Community Development shall determine whether any conditions should be added to the permit based on any public comments timely submitted and shall issue the permit, if the application demonstrates compliance with the standards imposed by this section and the applicant agrees to any additional conditions imposed by the Director. iv. The determination of the Director may be appealed pursuant to Section 1203 of the Ukiah Municipal Code. d. Subsequent review and revocation. The permit may be revoked by the Planning Commission pursuant to Section 9238, if, at any time, it determines that the permitted facility does not comply with the application as approved. Any change to the operational plan shall be submitted in writing to the Department thirty (30) days prior to the proposed effective date of such change. e. Application to existin~ facilities. Homeless facilities operating prior to the effective date of this section under existing use permits may continue to operate upon the expiration of their use permit, provided they submit an application for an HFP at least thirty (30) days prior to the expiration of the use permit. Upon issuance of the HFP the use permit shall be considered null and void. Such facility need not meet the physical/structural requirements of an HFP, if currently legally operating and meeting existing applicable codes provided there are no operational or structural changes to the facility. Ail other homeless facilities must obtain an HFP within one year of the effective date of this section. The 335 336 c. Procedures. Applications shall be received in the Department and approved in accordance with the following procedures: i. Within 30 days after receiving the application the Department will determine whether the application is complete. If the application is not complete, the Department will notify the applicant of what additional information is necessary to complete the application. ii. Upon determining that the application is complete, the Department shall give notice to property owners within 300 feet of the parcel boundaries on which the facility is proposed that the application is on file. Said notices shall also indicate that the application is available for public review, and that written public comments on the application will be accepted and considered, if received in the Department within twenty (20) days from the date of the notice. iii. At the expiration of twenty (20) days from the date of the notice to property owners, the Director of Community Development shall determine whether any conditions should be added to the permit based on any public comments timely submitted and shall issue the permit, if the application demonstrates compliance with the standards imposed by this section and the applicant agrees to any additional conditions imposed by the Director. iv. The determination of the Director may be appealed pursuant to Section 1203 of the Ukiah Municipal Code. d. Subsequent review and revocation. The permit may be revoked by the Planning Commission pursuant to Section 9238, if, at any time, it determines that the permitted facility does not comply with the application as approved. Any change to the operational plan shall be submitted in writing to the Department thirty (30) days prior to the proposed effective date of such change. e. ~pplication to existin~ facilities. Homeless facilities operating prior to the effective date of this section under existing use permits may continue to operate upon the expiration of their use permit, provided they submit an application for an HFP at least thirty (30) days prior to the expiration of the use permit. Upon issuance of the HFP the use permit shall be considered null and void. Such facility need not meet the physical/structural requirements of an HFP, if currently legally operating and meeting existing applicable codes provided there are no operational or structural changes to the facility. Ail other homeless facilities must obtain an HFP within one year of the effective date of this section. The 337 "Ford Street Guest House" with 16 clients, is considered a large homeless facility and shall continue as such. SECTION THREE. This ordinance shall be published in a newspaper of general circulation and shall become effective thirty (30) days after its adoption. PASSED AN~ ~OPTED this 6th day of .... January ,., 1988, by the following roll call vote: _ AYES: Counci]members Schneiter, Shoemaker, Hickey, and Mayor Henderson NOES: None ABSENT: Councilmember Kier (Resigned) F~YOR ATTEST: