6450ORDINANCE NO.6 4 5 0
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS)
OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL
CODE RELATING TO EMERGENCY SHELTERS AND
FINDING AND DETERMINING THAT THIS ORDINANCE
IS EXEMPT FROM THE REQUIREMENTS TO PREPARE
ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL
NOT RESULT IN A DIRECT OR REASONABLY
FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT.
WHEREAS, in 2007, the Governor of California signed into law Senate Bill No. 2 (2007-
2008, Reg.Sess.) ("SB 2"), which amended the California Government Code related to local
planning for Emergency Shelters. This legislation required cities and counties to allow
Emergency Shelters in a suitable zone without the need for a discretionary permit, such as a
Conditional Use Permit; and
WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 6234
allowing Emergency Shelters to be located within the Industrial (I) Zone and certain
development areas of the Northeast Area Specific Plan. Ordinance No. 6234 also created
provisions for co -locating shelters with Religious and Community Assembly uses, such as
churches, and established separation, facility and operations plan requirements for Emergency
Shelters. Ordinance No. 6234 codified these standards in Section 18.38.125 (Emergency
Shelters) of the City's Zoning Code; and
WHEREAS, in 2016, the City Council adopted the Anaheim Canyon Specific Plan, and
rescinded the Northeast Area Specific Plan. As part of the Council's actions, the Council
replaced the permitted locations for Emergency Shelters within the Northeast Area Specific Plan
with Development Areas (DA) 1 and 2 of the Anaheim Canyon Specific Plan; and
WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140,
declaring a public health and safety state of emergency related to the homeless, homelessness
and homeless encampments. The resolution directed City staff to take action to provide needed
shelter and services for the homeless in our community, and to address unlawful activity within
the City and along the Santa Ana River Trail; and
WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118
declaring a shelter crisis in accordance with Government Code Section 8698 et seq. (a "Shelter
Crisis") in order to participate in the State's Homeless Emergency Aid Program (HEAP)
established by Senate Bill No. 850 (2017-2018, Reg.Sess.); and
WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City
Council has declared that there is a Shelter Crisis, which is a condition that is not exclusive to the
City of Anaheim; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125
(Emergency Shelters) of the City's Zoning Code to clarify the location, separation, and approval
process for Emergency Shelters and to allow modifications to some standards during a declared
Shelter Crisis to better allow the City to combat homelessness and create a continuum of shelter
and service options for those living without shelter in the community; and
WHEREAS, the City Council determines that this ordinance is a matter of citywide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is exempt from the
requirements to prepare additional environmental documentation pursuant to CEQA Guidelines
Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on October 15, 2018, at 5:00 p.m.,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of the Anaheim Municipal Code, to consider evidence for and against the
ordinance and provide a recommendation to the City Council for approval of the ordinance; and
WHEREAS, the City Council determines that this ordinance is a matter of citywide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community and is a valid exercise of the local police power and in accord
with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. TEXT OF AMENDMENT
That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use
Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.38.125 EMERGENCY SHELTERS.
An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code,
shall comply with all of the following provisions:
.010 Location. An Emergency Shelter that meets the Separation, Approval, Facility and
Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) may locate on any
parcel:
.0101 Designated by the General Plan for Industrial land use; and,
.0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim
Canyon Specific Plan No. 2015-01 (SP2015-01) Zone.
.020 Separation. An Emergency Shelter is prohibited on parcels that meet any of the criteria
below, unless approved through the approval of a conditional use permit consistent with Chapter
18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
.0201 Parcels within 300 feet, measured from the property line, from any other
Emergency Shelter,
.0202 Parcels within 1000 feet, measured from the property line, from any property
designated for residential use by the Anaheim General Plan, including any mixed-use
designation that permits residential uses,
.0203 Parcels within 1000 feet, measured from the property line, from any public or
private school serving a minor population, any day-care center and any assisted -living facility.
.030 Approval. The following shall be the approval process for an Emergency Shelter that
meets the Location, Separation, Facility and Operations Plan requirements of this Section
18.38.125 (Emergency Shelters):
.0301 A single Emergency Shelter housing up to 50 occupants, or a combination of
multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use.
.0302 The first 325 shelter beds developed in a single Emergency Shelter or combination
of Emergency Shelters following the City Council's adoption of Resolution No. 2018-118
("Shelter Crisis") are permitted if approved by the City Manager, pursuant to a written
agreement with the property owner or Emergency Shelter Operator, which must include a
detailed Operations Plan for the proposed shelter(s).
.0303 Religious and Community Assembly Uses may establish on site Emergency
Shelters for up to 50 occupants without the need to amend an existing conditional use permit or
apply for a new conditional use permit.
.0304 Any other Emergency Shelter shall be subject to approval of a Conditional Use
Permit consistent with Chapter 18.66 (Conditional Use Permits).
.0305 The Separation, Facility and Operations Plan requirements of this Section
18.38.125 (Emergency Shelters) may be modified through the approval of a conditional use
permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060
(Additional Findings Required).
.040 Facility. All Emergency Shelters shall comply with Title 15 (Buildings and Housing) of
the Anaheim Municipal Code, and the following requirements, which may be modified through
the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits)
and subsection 18.38.125.060 (Additional Findings Required):
.0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor
area of the site and shall be subject to review and approval by the Planning and Building and
Police Departments.
.0402 Waiting area. A client waiting area shall be provided and contain a minimum of
10 square feet per bed provided at the facility. The waiting area shall be in a location not
adjacent to the public right of way, shall be visually separated from public view by a minimum
6 -foot tall screening of mature landscaping or by a minimum 6 -foot tall decorative masonry wall,
and shall provide shade and protection from the elements.
.0403 Any outdoor storage, including, but not limited to, items brought on-site by
clients for overnight stays, shall be screened from public view. Any outdoor storage areas
provided shall be screened from public view by a minimum 6 -foot tall wall screened by
landscaping or by a minimum 6 -foot tall decorative masonry wall. .0404 A minimum of
one toilet shall be provided for every eight beds per gender.
.0404 A minimum of one shower shall be provided for every eight beds per gender.
.0405 A private shower and toilet facility shall be provided for each area designated for
use by individual families.
.0406 Kitchen facilities and dining hall or designated dining area shall be provided for
the preparation and serving of meals for clients and staff.
.0407 The facility may provide the following services; however, these services shall be
in a designated area separate from sleeping areas:
.01 Indoor and outdoor recreation facilities.
.02 A counseling center for job placement and/or educational, legal, or mental and
physical health services.
03 Laundry facilities to serve the clients at the shelter.
04 Other similar facilities and services geared towards the needs of homeless
clients.
.050 Operations Plan. An Operations Plan shall be submitted for review and approval by the
Planning and Building Director and Police Chief, or their designee, prior to the operation of the
Emergency Shelter, or in the case of a conditional use permit, as part of the application for said
permit. The Operations Plan may be required to address additional specific needs as identified
by the Director or Chief. The approved Operations Plan shall remain active throughout the life
of the facility. At a minimum, the Operations Plan shall contain provisions addressing the
following, which may be modified through the approval of a conditional use permit consistent
with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional
Findings Required):
.0501 Stays at the facility shall be provided on a first-come first-served basis. The
facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only
between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may
remain on the premises to avail themselves of other services offered. Clients must check in daily
and have no guaranteed bed for the next night.
.0502 Maximum length of stay. A person's maximum length of stay at the facility shall
not exceed 180 days in a 365 day period.
.0503 Alcohol and narcotics use and consumption are prohibited both within the facility
and on the property.
.0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on
active duty when the facility is open.
.0505 Security and safety. Twenty-four (24) hour a day security shall be provided.
Security and safety shall be addressed for both on and off-site needs, including provisions to
address the separation of male/female sleeping areas as well as any family areas within the
facility.
.0506 Loitering control. Measures regarding off-site controls to minimize the
congregation of clients in the vicinity of the facility.
.0507 Management for outdoor areas. A system for daily admittance and discharge
procedures, including monitoring for waiting areas, shall be developed to minimize disruption to
nearby land uses.
.0508 Staff training. A staff training program shall be maintained that provide adequate
knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
.0509 Communications. A communication and outreach plan shall be developed to
maintain good communication and response to operational issues which may arise from the
neighborhood, City staff, or the general public.
.0510 Client eligibility. A screening program to determine client eligibility is required.
The facility shall also utilize the Orange County region's current Homeless Management
Information System.
.0511 Counseling services. Provision of or links to counseling services are encouraged.
Identify and describe the counseling programs to be provided as well as procedures that will be
used to refer clients to outside assistance agencies. An annual report to the City on this activity is
required.
.0512 Litter control. Litter and trash removal attributable to the clients within the
vicinity of the facility shall be provided on a continual basis.
.060 Additional Findings Required. Before the approval authority, or City Council on appeal,
may approve modifications to the requirements of this Section through the approval of a
conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a
finding of fact, by resolution or written decision, that the evidence presented shows that the
following conditions exists:
.0601 That the City Council has declared that a shelter crisis exists pursuant to
California Government Code Section 8698 et seq., as the same may be amended from time to
time;
.0602 That strict compliance with the requirements of this Separation, Facility and
Operation Plan requirements of this Section would prevent, hinder, or delay the City's
participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017-
2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 13thday of November , 2018, and
thereafter passed and adopted at a regular meeting of said City Council held on the 2 0 t bday of
November , 2018, by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: (Z/Z �9=
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
41
110
CITY CLERK O TH CITY ANAHEIM
129876/LM
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6450 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13' day of November and was duly passed and adopted at a regular
meeting of said City Council held on the 20th day of November, 2018 by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, 1 have hereunto set my hand this 211 day of November 2018.
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
D-#1 30271 -v1 -Sum mary_S B_2_Emergency_%c
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, SS
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the Anaheim Bulletin, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County of
Orange, State of California; that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
11/2912018
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: November 29, 2018.
1
Sig ature uw
PROOF OF PUBLICATION
Legal No. 0011204938
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6450
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 18.38 (SUPPLEMENTAL
USE REGULATIONS) OF TITLE 18 (ZONING)
OF THE ANAHEIM MUNICIPAL CODE
RELATING TO EMERGENCY SHELTERSAND
FINDING AND DETERMINING THAT THIS
ORDINANCE IS EXEMPT FROM THE
REQUIREMENTS TO PREPARE ADDITIONAL
ENVIRONMENTAL DOCUMENTATION PER
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES, SECTION 15060(C)(2)
BECAUSE IT WILL NOT RESULT INA DIRECT
OR REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT.
This ordinance amends Section 18.38.125 (Emergency Shelters) of
Chapter 18.38 (SupplementalLand Use Regulations) of Title 18 (Zon-
ing) of the Anaheim Municipal Code to clarify location, permitting
and operational requirements for Emergency Shelters and provide
regulatory relief to facilitate the construction of a shelter during a
"shelter crisis" as declared by City Council resolution.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi-
fy that the foregoing is a summary of Ordinance No. 6450, which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 13th day of November, 2018 and was duly
passed and adopted at a regular meeting of said Council on the 20Th
day of November, 2018 by the following roll call vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subiect matter con-
tained in the text of Ordinance No. 6450, which has been prepared pur-
suant to Section 512 of the Charter of the City of Anaheim. This sum-
mary does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi-
nance.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM,
Monday through Friday. There is no charge for the copy.
130271 / LM
Published in: Anaheim Bulletin November 29, 2018 11204938
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6450 and was published in the Anaheim Bulletin on the 29th
day of November 2018.
CITY CLERK OF THE CITY C(F ANAHEIM
(SEAL)