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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of the City's Zoning Code; and WHEREAS, in 2016, the City Council adopted the Anaheim Canyon Specific Plan, and rescinded the Northeast Area Specific Plan.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)