Loading...
HomeMy WebLinkAboutResolution 2024-063City of Atascadero Resolution No. 2024-063 Page 1 of 4 RESOLUTION 2024-063 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT (PLN 2014-1492) AND THE EL CAMINO HOMELESS ORGANIZATION (ECHO) OPERATIONS AND MANAGEMENT PLAN FOR THE EXPANSION OF AN EXISTING SHELTER AND PROGRAM WITHIN THE ES (EMERGENCY SHELTER) OVERLAY ZONE (APN: 030-341-013) 6370 ATASCADERO AVENUE El CAMINO HOMELESS ORGANIZATION (AMND24-0060) WHEREAS, an application was received from the El Camino Homeless Organization, PO Box 2077, Atascadero, CA 93423, (Owner/Applicant) for amendments to the ES (Emergency Shelter) Overlay Zone, Conditional Use Permit (PLN 2014-1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue; and WHEREAS, the ES (Emergency Shelter) Overlay Zone site has a General Plan Designation of High Density Residential (HDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the site is located in the Residential Multi-Family Zone (RMF-24) zoning district and is located within an ES overlay zone, as established by the Atascadero Municipal Code section 9-3.502(a); and WHEREAS, a Conditional Use Permit is required for any additional services or programs, including daytime service programs beyond those described in the Atascadero Municipal Code Section 9-3.504(d)(1); and WHEREAS, all operators of a shelter are required to prepare an on-site management plan per Atascadero Municipal Code section 9-3.504(e); and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amendment; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 1, 2024, studied and considered the proposed amendments for the expansion of an existing shelter and programs and passed a motion to recommend the City Council approve amendments to the ES (Emergency Shelter) Overlay Zone, Conditional Use Permit (PLN 2014- City of Atascadero Resolution No. 2024-063 Page 2 of 4 1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing shelter and programs located at 6370 Atascadero; and WHEREAS, the City Council of the City of Atascadero held a duly noticed public hearing to consider the amendments on November 12, 2024, at 6:00 p.m., in accordance with provisions of Atascadero Municipal Code Section 9-1.110, and considered testimony and reports from staff, the applicants, and the public., at a Public Hearing held on October 1, 2024, studied and considered the proposed amendments for the expansion of an existing shelter and programs and passed a motion to recommend the City Council approve amendments to the ES (Emergency Shelter) Overlay Zone, Conditional Use Permit (PLN 2014-1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing shelter and programs located at 6370 Atascadero; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular meeting assembled on November 12, 2024, resolved to approve amendments to the Conditional Use Permit (PLN 2014-1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue subject to conditions of approval as shown in Exhibit A and B, attached hereto and incorporated herein by this reference. SECTION 4. Facts and Findings. The City Council makes the following findings, determinations, and approvals with respect to the Amendments: 1.Findings for Approval of a Conditional Use Permit Amendment: A.FINDING: The proposed project or use is consistent with the General Plan. FACT: The proposed use permit amendment is consistent with the vision, intent, and policies of the adopted General Plan. B.FINDING: The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). FACT: The proposed use permit amendment is consistent with the provisions of the ES Overlay Zone and the underlying zoning district. C.FINDING: The establishment and operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. FACT: The proposed use permit amendment will increase the operational hours for an existing daytime program at an existing shelter location. The proposed increase in City of Atascadero Resolution No. 2024-063 Page 3 of 4 operational hours for the shower program services can be accommodated within the existing facility and conditions of approval and existing ES code text will ensure that the daytime use of the site will not be detrimental to the surrounding neighborhood or general public. D.FINDING: That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. FACT: The proposed use permit amendment will increase the operational hours for an existing daytime program at an existing shelter location. The proposed increase in operational hours for the shower program services can be accommodated within the existing facility and conditions of approval and existing ES Overlay Zone code text will ensure that the services remain compatible with the surrounding neighborhood. E.FINDING: That the proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. FACT: The proposed use permit amendment to increase the operational hours of the shower program services will not generate an increase in traffic beyond the safe capacity of surrounding roads. F.FINDING: That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The proposed use permit amendment to increase the operational hours of the shower program services at an existing shelter is compliant with all applicable City policies. SECTION 3. CEQA. The City Council makes the following environmental determinations: 1.The proposed amendments to the ES Overlay zoning text, to the conditions of approval for Conditional Use Permit (PLN 2014-1492), and the ECHO Operations and Management Plan are exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of proposed amendments will have any significant adverse environmental impacts. 2.Additionally, CEQA (Section 15301(c)(2)) exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. While the expansion of the facility is ministerial under State law, the proposed amendments to the ES Overlay Resolution No. 2024-065 Exhibit A Conditions of Approval 6370 Atascadero Avenue (APN: 030-341-013) AMND24-0060 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This approval is for an amendment AMND24-0060 to Condition of Approval (specifically Condition #8) of Conditional Use Permit (PLN 2014-1492), for 6370 Atascadero Avenue (APN: 030-341-013). All other Conditions of Approval remain in effect, except as added or modified below. Ongoing PS 2. The approval of this entitlement shall become final and effective for issuing building permits fourteen (14) days after the City Council hearing. BP PS, BS 3. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this Conditional Use Permit. Ongoing PS 4. All site design, landscaping, fencing, exterior elevations, finish materials, and signage shall be consistent with the Master Plan of Development as adopted or as superseded by State Law. Ongoing PS 5. All fencing and landscaping shall be maintained in substantial conformity in perpetuity unless otherwise approved by the Community Development Department. All trees planted as part of the project, whether on-site or within the public right of way, shall be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants shall be permitted that result in stunting or modifying the natural growth pattern of the tree. Should such trees be maintained contrary to this condition, the owner shall be responsible for replacement. Ongoing PS 6. Upon issuance of the certificate of occupancy for the shelter expansion Thefacility, the maximum number of meal program participants shall be eighty (80) persons one hundred (100) persons. This shall include shelter clients. Maximum shelter clients shall be consistent with the adopted Emergency Shelter Overlay Zone ordinance for APN 030-341- 013. FOPS PS 7. The applicant/shelter operator shall host a minimum of one (1) noticed neighborhood meeting per year. The purpose of the meeting is to maintain open dialog with neighbors, educate the community about ECHO, and address any questions or concerns about shelter operations. Ongoing PS Resolution No. 2024-063 Exhibit B El Camino Homeless Organization (ECHO) Operations and Management Plan The El Camino Homeless Organization (ECHO) is a 501(c)3 nonprofit organization that operates a 60-bed 90-bed transitional and emergency homeless shelter at 6370 Atascadero Avenue in Atascadero, CA. ECHO currently provides emergency shelter for families and individuals who do not have permanent housing. The following is the updated management plan as required by the City of Atascadero for operation of an Emergency Shelter, consistent with section 9-3.504 (e) of the Atascadero Municipal Code. 1.0 Definitions For the purposes of this agreement, unless otherwise apparent from the context, certain words and phrases used in the agreement are defined as follows: A. Case Managers: Shall mean trained ECHO staff and/or volunteers that work one-on-one with Shelter Clients. They assist with a wide range of issues on a case-by-case basis that includes, but not limited to finding permanent housing, health care, financial assistance, or job training. B. Dinner Guests: Dinner Guests shall mean all non-shelter clients participating in the ECHO Meal Program. C. Non-Shelter Clients: Non-Shelter clients shall mean those clients that are receiving services outside of the shelter program and shall include dinner guests and shower guests. D. Potential Shelter Applicant: Potential Shelter Applicant shall mean a person that has come to ECHO seeking to learn about and potentially apply for the Shelter Program. E. Shelter Clients: Shelter Clients shall mean clients that have been accepted into the Shelter Program and are currently residing at ECHO, along with those clients that have graduated in good standing from the ECHO Shelter Program, but are continuing to receive support services from ECHO during the day time hours. F. Shelter Program: Transitional and emergency shelter program for accepted and screened clients. Clients participating in the shelter program stay overnight and may participate and be present during day time hours at the ECHO homeless shelter at 6370 Atascadero Avenue. G. Shower Guests: Shower Guests shall mean all non-shelter clients participating in the ECHO Shower Program. Resolution No. 2024-063 Exhibit B 2.0 Programs Offered A. Shelter Program: Transitional and emergency shelter for accepted and screened clients. Shelter Clients participating in the Shelter Program may also receive meals and food as a part of the Shelter Program. B. Case Management: Shelter Clients that are accepted to the shelter are required to enter case management after a five-day assessment period. Case managers work with clients to create a plan to assist with job training and placement, financial literacy, behavioral health referrals, housing, transportation assistance, educational goals, and other supportive services. Shelter Clients are required to meet with their case managers at least once a week to ensure progress. C. Supportive Services and Resources: 1. Children’s programs that include but are not limited to tutoring, nutrition education, art and music appreciation, and literacy to foster the well- being and development of the children ECHO serves. 2. Parent education classes that help parents acquire skills to improve their parenting of and communication with their children in order to reduce the risk of child maltreatment and/or reduce children's disruptive behaviors. 3. Health and wellness programs assist clients in embracing a healthy lifestyle. Nutrition education classes, and practical instruction with ECHO’s garden program. Programs to break the cycle of addiction to tobacco and other substances. Other wellness programs may include emotional, environmental, financial, intellectual, physical, occupational and social wellness support. D. Dinner Program: An open meal program that provides an evening meal to Shelter Clients and Dinner Guests. The Open Meal Program is subject to Conditional Use Permit (CUP) approval. Rules and regulations of the meal program are contained in the CUP as conditions of approval. In the event that a CUP is denied or a CUP is revoked, the Open Meal Program will no longer be a program that is offered. E. Shower Program: On a scheduled and managed basis, non-shelter clients are allowed to use ECHO’s shower facilities to promote good hygiene and the prevention of illness. The shower program, for non-shelter clients, will operate no more than 10 15 hours per week, after 4:00 PM on days when school is in session up to 5 days a week, from 4:00 – 6:00pm. Rules relating to the shower program are included in the shelter’s Policies and Procedures Manual. Resolution No. 2024-063 Exhibit B 3.0 Operating Standards A. Hours of Operation: 1. Shelter Program: Hours of operation for Shelter Clients will be based on the availability of supervision and capacity to offer programs, but may be up to 24 hours per day. 2. Dinner Program: Dinner guests are not permitted on-campus until 4:00 pm daily and must leave the ECHO campus by 6:00 p.m. 3. Shower guests are permitted on campus only during those times outlined in the Shelter Policies and Procedures Manual. 4. Potential Shelter Applicants may only be on the premises for the time needed to obtain necessary information and to complete the intake process (generally expected to be under 2 hours). 5. The general public, volunteers, and maintenance personnel are permitted on the premises under supervision of ECHO staff. 6. Special Functions: Up to two special functions per month is allowed for Non-Shelter Clients by appointment and under supervision of ECHO staff. These functions may include but are not limited to: fund raisers, neighborhood meetings, open houses, holiday gatherings, special client services (e.g., wedding or memorial service) or government sponsored enumeration surveys. ECHO may hold additional special functions (in excess of the one per month) with City staff approval in writing. The request for additional functions should be made to the Community Development Director and should include a description of the function, expected dates and times of the function, and any rules or procedures in place for the function. Additional information may be requested by the Community Development Director, prior to City approval. B. Number of Beds: The dorm facility has a maximum of sixty (60) ninety (90) beds. C. Staffing: 1. President/CEO: The President/CEO is the liaison with the Board of Directors and is directly responsible for overseeing and guiding the organization’s operations. The President/CEO is directly responsible to ECHO’s Board of Directors. 2. Shelter Manager: The President/CEO shall appoint an individual responsible for overseeing and coordinating the activities of shelter Resolution No. 2024-063 Exhibit B clients, non-shelter clients and volunteers during the hours of shelter operation (Shelter Manager). The Shelter Manager ensures that the facility is ready and safe for shelter operations. 3. Volunteers: Volunteers fill positions and perform tasks related to the operation of the shelter. Volunteers shall complete an application and screening process prior to being matched with appropriate roles and responsibilities. Volunteers shall be trained and supervised by ECHO paid staff and senior volunteer team leaders. 4. Overnight Staffing: Overnight staffing will include one (1) staff person or trained volunteer per thirty (30) Shelter Clients. 5. Outdoor Monitors. At least two (2) outdoor monitors are to be on-site from the hours of 4:00 p.m. to 6:15 p.m. daily. 6. Executive Council: The Executive Council includes the Chair, Vice- Chair, Secretary, and CFO of ECHO’s Board of Directors. D. Admission to shelter: Prior to admission to ECHO, the following screening methods will be used for clients and or guests: 1. Screening for alcohol and/or drug use. 2. Screened for listing on the State of California Department of Justice designated registered sex offender list (Megan’s Law). 3. Review for any outstanding warrants as determined by the Atascadero Police Department. 4. Drug and Alcohol Testing: Shelter Clients may be randomly tested for drug and alcohol use at the discretion of ECHO trained staff. 5. Shelter Clients / Non-Shelter Client Logs: ECHO shall maintain daily logs of Shelter Clients, dinner guests, and all individuals who have been suspended from services. The logs are available for review to the City of Atascadero upon request and shall remain confidential between the City and ECHO. Resolution No. 2024-063 Exhibit B 4.0 Operational Procedures: A. The ECHO Board of Directors adopts a set of Policies and Procedures that govern the operations of the programs that are provided by ECHO. These Policies and Procedures are periodically updated by the ECHO Board of Directors to remain current with laws, regulations, grants, and operational efficiency. To ensure compliance with this Agreement, a copy of the most current adopted Policies and Procedures Manual shall be given to City staff. The ECHO Board has the right to adopt those rules, regulations and procedures that they feel are necessary to operate the Shelter, but at a minimum the Policies and Procedures must include the following: 1. The use or storage of drugs, alcohol or tobacco while on the premises is strictly prohibited with the exception of prescribed medications, which shall be reported and a list maintained by ECHO staff. 2. Shelter Clients and Non-Shelter Clients agree to any drug testing or search and comply in a timely manner per staff instructions. 3. Theft or use of other’s belongings without their permission, including ECHO property is prohibited. 4. The display of inappropriate sexual behavior including possession of sexually explicit material is prohibited. 5. Shelter Clients and Non-Shelter Clients agree to dress modestly and appropriately at all times, including shirt and footwear. 6. The display of any form of threatening behavior including profanity or violence toward themselves or others is prohibited. 7. Possession of any weapons or other devices that could be used to cause harm to persons or property is prohibited. 8. Shelter Clients and Non-Shelter Clients agree to monitor children’s behavior at all times. 9. Failure to stay overnight at the shelter without prior permission of the shelter manager may result in a suspension from ECHO services. 10. Any behavior deemed by Shelter Management to be threatening to the ongoing health, safety or domestic tranquility of the shelter environment may result in the immediate and permanent termination of ECHO services. Resolution No. 2024-063 Exhibit B B. Minor infractions: The Policies and Procedures Manual shall at a minimum contain disciplinary procedures for minor infractions. Minor infractions could include: 1. Verbal abuse of volunteers, chaperones, staff, visitors or other clients. 2. Smoking or chewing tobacco outside the designated areas anywhere on the grounds (including the parking lot). 3. Failing to get prior permission from the shelter manager to arrive late or leave early including leaving the campus after being admitted to the dormitory. 4. Disruptive behavior or creating a negative environment. 5. Wearing inappropriate or suggestive clothing, including no shirt or footwear. 6. Failing to directly supervise children, or allowing children to be overly disruptive. 7. Disturbing others with unnecessary noise between 10:00 p m and 6:00 a m. 8. Changing beds or using an unauthorized sleeping location. 9. Failing to respond reasonably to ECHO staff requests. 10. Failing to complete assigned chores. 11. Returning to a car without an escort, between the hours of 7:00pm and 6:00am, after being admitted to the dorm. 12. Loitering on shelter grounds without ECHO supervision between the hours of 7:00pm and 6:00am. 13. Extended working on or sleeping in vehicle on ECHO property. The Policies and Procedures Manual adopted by ECHO shall include discipline for all minor infractions up to and including expulsion from the program for continued infraction of the rules. C. Major Infractions. The Policies and Procedures Manual shall at a minimum contain rules addressing the following. Each of the following are infractions Resolution No. 2024-063 Exhibit B that could result in immediate expulsion from services. The duration of expulsion will be at the discretion of the ECHO Staff. 1. Lying or failing to disclose complete information. 2. Testing positive for or possessing alcohol or drugs. 3. Refusing drug testing or search. 4. Inappropriate sexual behavior or possessing sexually explicit material. 5. Willful destruction of shelter property. 6. Violence or threats of violence to self or others. 7. Theft of ECHO or client property. 8. Possessing weapons or other devices capable of harming persons or property. 9. Staying out of the shelter overnight without permission of the Shelter Manager. 10. Any behavior deemed by ECHO Staff to threaten the ongoing health, safety or domestic tranquility of the shelter environment. D. Each Shelter Client must sign an agreement acknowledging the receipt and understanding of the Rules and Regulations and agreeing to abide by the Rules and Regulations. The agreement must indicate that violation of the Rules and Regulations may be cause for immediate and permanent termination of ECHO services at the discretion of the Shelter Manager. E. ECHO staff must enforce and cultivate a culture of compliance with its adopted Rules and Regulations from the Policies and Procedures Manual. The City may periodically inspect ECHO and/or talk to Shelter Clients, Non-Shelter Clients, and volunteers to determine if ECHO’s Policies and Procedures are being followed. 5.0 Security and Safety. A. Occupant Safety. 1. Evacuation Plan. An evacuation plan to safely exit occupants from the shelter is posted. Resolution No. 2024-063 Exhibit B 2. Monitors. Shelter volunteers are trained to follow emergency protocols in a variety of situations including medical, threats of violence, fire and natural disasters. 3. Children’s Play Areas. Children’s play areas are to remain fenced for controlled access. B. Loitering Control 1. Site Signage. “No loitering, no trespassing and no camping” signage will remain in locations as shown in Exhibit A of this agreement. Signage is to be consistent with the California Penal Code. 2. Landscaping and Fencing. Landscaping and fencing will remain in good repair consistent with Site Plan (Exhibit A) of this agreement. 3. Designated Assembly Area. The designated assembly areas will be utilized as shown in Exhibit A. 4. Playground Location. Playground areas are to be managed appropriately to reduce noise impacts on neighboring residents. Exhibit A shows acceptable playground locations. All playground improvements must be consistent with City and State regulations. C. Outdoor Management and Security 1. Lighting. Exterior lighting must include: i. Parking lot LED lighting consistent with City and State regulations. ii. Building perimeter LED lighting consistent with the California Building Code. City of Atascadero will ensure no light spillage into neighboring properties. 2. Video Surveillance. A video surveillance system will be maintained and monitored by ECHO staff along the building perimeter. 3. Outdoor Monitors. At least two (2) outdoor monitors will patrol the ECHO campus from 4:00 p.m. until 6:15 p.m. to ensure ECHO Policies and Procedures are being followed. Outdoor Monitors are only responsible for monitoring property owned by ECHO. Resolution No. 2024-063 Exhibit B 6.0 Neighborhood Relations A. Community Liaison. 1. Community Liaison. The ECHO President/CEO (or their designee) is the designated community liaison to address any issue or complaint raised by a neighbor or community member that involves a shelter client(s) or shelter operations. 2. Complaints Received. All community complaints must be directed to the Community Liaison for proper action. The ECHO President/CEO (or their designee) must respond to the complaint with in five (5) working days from the date the complaint was received. 3. Contact. The Community Liaison contact information is posted at the shelter and on ECHO’s website. B. Neighborhood Meetings. ECHO will host a minimum of one (1) noticed neighborhood meeting per year. The purpose of the meeting is to maintain open dialog with neighbors, educate the community about ECHO, and address any questions or concerns about shelter operations. 1. Meeting Notices. Meeting notices will be mailed directly to ECHO’s neighbors, placed in local media and on ECHO’s website. ECHO will obtain the latest mailing list from the City of Atascadero. (Mailing Radius provided by City) 2. ECHO does not need to hold an additional neighborhood meeting unless 5 or more neighbors request a meeting in writing. ECHO will try to accommodate meetings requested by neighbors. C. Neighborhood Dispute Resolution 1. First Action. Any violation of ECHO Policies and Procedures or other concerns about shelter operations can be reported by contacting the Community Liaison and filing a complaint. The complaint is to be acted upon as described above (Section 6.0.A.2.). 2. Second Action. Any issues not resolved by the ECHO CEO/President will be forwarded to the ECHO Board Chair for further action. The Board Chair (or the Executive Council) must act on the complaint within ten (10) working days of the unresolved complaint. If action by the Board Chair or the Executive Council does not resolve the complaint then the complaint can be brought to a Third Action. Resolution No. 2024-063 Exhibit B 3. Third Action. Issues or complaints not adequately resolved by the ECHO Board Chair or Executive Council may be submitted to the City of Atascadero as a code violation complaint. 4. Code Violation Compliant. A dispute that results in a submitted code violation to the City of Atascadero will be investigated by City Staff based on the adopted municipal code, adopted building code or any other regulation that ECHO operations fall under and that the City has jurisdiction over. This process will be consistent with the City’s Code Enforcement process. 7.0 Enforcement Mechanisms This Agreement is between ECHO and the Atascadero City Council for the operation of the transitional and emergency shelter. Both entities will act in good faith to implement this Operations and Management Plan. Any operational issues that cannot be resolved by ECHO and City staff will be forwarded to the Atascadero Planning Commission for consideration. Resolution No. 2024-063 Exhibit B ECHO Site Plan – Exhibit A Resolution No. 2024-063 Exhibit B