HomeMy WebLinkAbout2012-10-02; City Council; CS-190; Emergency Shelter ZCA 09-05...EXHIBIT 2
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ORDINANCE NO. CS-190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
AMENDMENT TO DEFINE "EMERGENCY SHELTER," PERMIT
OR CONDITIONALLY PERMIT SHELTERS IN THE M AND P-M
ZONES, AND ADD DEVELOPMENT STANDARDS FOR THE
SAME.
CASE NAME: EMERGENCY SHELTER
CASE NO.: ZCA 09-05
The City Council of the City of Carisbad, California, does ordain as follows:
SECTION I: That the list of sections in Chapter 21.04 (Definitions) is amended
to add the following reference to Section 21.04.140.5
21.04.140.5 Emergency Shelter
SECTION II: That Section 21.04.140.5 (Definitions, "Emergency Shelter") is
added as follows:
21.04.140.5 Emergency Shelter
"Emergency shelter" means year-round housing with minimal supportive services for
homeless persons or families with occupancy limited to six months or less by homeless
persons.
SECTION III: That the list of sections in Chapter 21.32 (M Industrial Zone) is
amended to add the following reference to Section 21.32.070:
Sections:
21.32.010 Permitted uses.
21.32.020 Front yard.
21.32.030 Side yards.
21.32.040 Placement of buildings.
21.32.050 Building height.
21.32.060 Employee eating areas.
21.32.070 Emergency shelter standards
21.32.070 Emergency shelter.
SECTION IV: That Table A of Section 21.32.010 (M Industrial, Permitted Uses) is
amended to add in alphabetical order the following uses:
Use P CUP Acc
Emergency shelter, no more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency shelter, more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
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(9
1 SECTION V: That Section 21.32.070 (M Industrial Zone, Emergency shelter
2 standards) is added as follows:
21.32.070 Emergency shelter
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4 A. The purpose of this section is to establish standards to ensure that the
development of emergency shelters does not adversely impact adjacent parcels or the
surrounding neighborhood and that they are developed in a manner which protects the health,
safety, and general welfare of the nearby residents and businesses and the character of the City
6 of Carisbad.
^ B. No individual shall be denied emergency shelter because of an inability to pay;
C. Emergency shelters shall be operated under the authority of a governing agency
g or private, non-profit organization that provides, or that contracts with recognized community
organizations to provide, emergency shelters and which, when required by law, are properiy
9 registered and licensed.
D. State laws and regulations: Emergency shelters shall comply with the latest
10 California Health and Safety Codes.
E. Emergency shelters shall comply with all property development standards of the
11 zone in which they are located in addition to the following development standards.
1. Location. No emergency shelter shall be located:
a. Immediately adjacent to any residentially zoned property;
I ^ b. Within 300 feet of another emergency or similar shelter.
2. Maximum number of beds or persons. No more than 30 beds shall be provided
14 and no more than 30 persons shall be served in any single emergency shelter, except as
authorized by a Conditional Use Permit approved by the City Council pursuant to Chapter
15 21.42.
3. Parking. Parking shall be as required by Chapter 21.44.
16 4. Building and premises. Each emergency shelter shall include, at a minimum, the
following:
1^ a. Adequate interior and exterior lighting;
, b. Adequate indoor client intake/waiting area if client intake is to occur on-site. If an
exterior waiting area is also provided, it shall be enclosed or screened from
public view and adequate to prevent queuing into the public right of way and
required parking and access;
20 c. Clean sanitary beds and sanitation facilities, including showers and toiletries;
d. Segregated sleeping, lavatory and bathing areas if the emergency shelter
21 accommodates both men and women in the same building. Reasonable
accommodation shall be made to provide segregated sleeping, lavatory and
bathing areas for families;
23 e. Individual lockers to allow shelter clients to secure their private possessions while
using the shelter.
24 F. Management. At least one facility manager shall be on-site at all hours the facility
is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff
25 member is provided in all segregated sleeping areas, as appropriate.
G. No person shall be allowed to camp on the premises or sleep on the premises
26 outside of the shelter building.
H. Emergency shelters may provide one or more of the following types of supportive
27 facilities or services for the exclusive use or benefit of the shelter clients:
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1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services.
SECTION VI: That Table A in Section 21.34.020 (P-M Planned Industrial Zone,
Permitted Uses) of the Carlsbad Municipal Code is amended to add in alphabetical order the
following uses:
Use P CUP Acc
Emergency shelter, no more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
X
Emergency shelter, more than 30 beds or persons (subject to
Section 21.32.070) (defined Section 21.04.140.5)
3
SECTION Vll: That Table A in Section 21.44.020 (Number of off-street parking
spaces required) is amended by the addition of the following residential use to be added at the
end of Table A's list of "Residential Uses":
Table A
Number of Off-Street Parking Spaces Required
Use Number Of Off-Street Parking Spaces
Residential
Use Emergency Shelters
The number of required parking spaces shall be
determined by the city planner and shall be based on
the operating characteristics of a specific proposal,
including, but not limited to, number of: 1) employees,
2) beds and 3) service deliveries.
SECTION VIII: That the findings of the Housing Commission in Housing
Commission Resolution No. 2012-003 shall constitute the findings ofthe City Council.
SECTION IX: That the findings of the Planning Commission in Planning
Commission Resolution No. 6894 shall constitute the findings ofthe City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
and the city cleric shall certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
{Notwithstanding the preceding, this ordinance shall not be effective until approved by the
Califomia Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
Council on the 25*^ day of September 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 2nd day of October 2012, by the following vote, to wit:
AYES: Council Members Hall, Blackbum, Douglas, Packard
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
ATTEST:
Ll^f^RAlNE M. WOOD, blfy O Cleric
(SEAL)
Deputy Clerk S erry ger,
nty Times on the 28th day of September 2012.
Dated: September 28, 2012
...... ,
oRE A, (Seal)
:jZ
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS 188_, 189, 190, 191
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS 188, CS-189, CS-190
and CS-191are to be considered at the City Council Meeting to
be held on the 25th day of September 2012.
2.) That a certified copy of the full text of Ordinance Nos. S 188, CS-189,
CS-190 and CS-191were posted in the City Clerk's Office on the 26th
of September 2012.
3.) That a summary of the Ordinance was published in the North
EISI GER, enior Deputy Clerk
Certification of Posting and Publication of Ordinance Nos. CS-188, 189,
190 191
Page 2
4.) That Ordinance Nos.CS-188, 189, 190 and 191 were adopted
on the 2nd day of October 2012.
5.) That a certified copy of the full text of Ordinance Nos.CS-188,
189, 190 and 191 showing the names of those who voted in
favor and against the Ordinance was posted in the City Clerk's
Office on the 4th day of October 12, 2012
6.) That a summary of the Ordinance, showing the names of those who voted
in favor of and against the Ordinance was published in the North County
Times, on the 7th day of October 2012.
Dated: October 4, 2012
(Seal) 1 I I 0
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