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Article 23. ES (Emergency Shelter) Overlay Zone
9-3.501 Purpose.
The Emergency Shelter Overlay Zone identifies areas where emergency shelters may be
permitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007)
and the Housing Element. (Ord. 571 § 1, 2013)
9-3.502 Applicability of emergency shelter standards.
The standards of this article apply to emergency shelters located in the Emergency Shelter
Overlay Zone. The emergency shelter overlay zone is applicable to the following zoning
district(s) or site specific area(s):
(a) Assessor Parcel Number (APN) 030-341-013. (Ord. 571 § 1, 2013)
9-3.503 Minimum site design and development standards.
An emergency shelter is subject to all property development standards of the zoning district
in which it is located except as modified by the following standards:
(a) Minimum Site Area. One (1) gross acre is the minimum site area.
(b) Intake Location. The shelter intake area must be set back a minimum of twenty (20)
feet from the rear property line. Rear property line is defined as Lot A of San Luis Obispo
County Parcel Maps Book 23, page 76.
(c) Parking.
(1) One (1) vehicle parking space per five (5) beds must be provided on-site.
(2) One (1) bicycle space per ten (10) beds must be provided on-site.
(3) One (1) vehicle space per employee must be provided on-site.
(4) Parking area must be shown in a site plan. Parking area must be paved.
(5) Parking area must be lit for security purposes with permanent lighting consistent with
Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeping in or occupying vehicles as a residence is not permitted on the site.
(d) Landscaping and Fencing.
(1) Perimeter Fencing. Perimeter fencing is required on a per site basis subject to review
and approval by the Design Review Committee. The following perimeter fencing is required for
approved shelter(s):
(i) Assessor Parcel Number (APN) 030-341-013. A solid masonry wall eight (8) feet in
height must be located on the rear property lines. This solid masonry wall must be a minimum
six (6) feet in height measured from the finished grade of the adjacent property owner. The rear
masonry wall must be constructed within twelve (12) months from the date of ordinance
adoption. A solid wall or fence six (6) feet in height must be located on the side property lines.
Fencing within the front setback must follow the requirements of Section 9-4.128.
(2) Play areas for children are to be fenced to prevent uncontrolled access to and from the
site. Fencing shall not include any solid materials and must be consistent with the California
Building Code.
(3) On-site landscaping must be installed and maintained in compliance with the
multifamily zoning district requirements in Section 9-4.125.
EXHIBIT A
(4) Outdoor areas (yards) must be kept clean and free of debris. (Ord. 571 § 1, 2013)
9-3.504 Operating standards.
The following operating standards apply to emergency shelters:
(a) Emergency Shelter Operator. Each shelter shall be operated by an agency or
organization with experience in managing or providing social services.
(b) Maximum Number of Beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does not include
accommodations for management, employees, or volunteers. The following is the maximum
number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: sixty (60) beds.
(c) On-Site Management and Supervision.
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one (1) on
duty supervisor for every thirty (30) overnight shelter clients during the operating hours.
(d) Operating Hours.
(1) Assessor Parcel Number (APN) 030-341-013. Shelter hours of operation are limited to
between 4:00 p.m. and 9:00 a.m. daily. Shelter clients and the general public are not permitted on
the premises outside these hours unless otherwise permitted by the approval of a conditional use
permit per section (h).
Exceptions:
(i) Temporary shelter clients are permitted on the premises during hours of operation.
(ii) Operator staff, board members, and contractors are not subject to any time restrictions.
(iii) Special Activities. Up to one special function per month is allowed for Non-Shelter
Clients by appointment and under supervision of ECHO Staff. ECHO may hold additional
special functions (in excess of one per month) with City staff approval in writing. These
functions may include but are not limited to:
a. Fundraisers (not involving shelter clients);
b. Neighborhood open houses (not involving shelter clients);
c. Neighborhood meetings (not involving shelter clients);
d. Holiday events for shelter clients; and
e. Official government enumeration surveys involving shelter clients.
(e) On-site Management Plan Contents. The operator must prepare and follow an on-site
management plan that must include the following:
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and safety plan that will address security and safety of occupants, loitering
control and management of outdoor areas.
(4) Types and descriptions of programs offered on-site.
(5) Required On-Site Signage:
(i) No loitering signs
(ii) No trespassing sign
(iii) No camping signs
(6) Identify a neighborhood liaison and provide the contact information for the liaison.
(7) Hold at least one (1) neighborhood meeting each calendar year.
(8) A dispute resolution process for any neighborhood issues that may arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal—Approval and Review.
(1) The initial management plan must be submitted within sixty (60) days of approval of
the overlay zone change and thereafter must be submitted for review by the City annually on
February 1st of every year.
(2) The initial management plan must be approved by the City Council.
(3) Annual Review. The management plan will be reviewed annually by staff. Updates to
the Operation Management Plan will be forwarded to the City Council for review at a public
hearing.
(g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number
(APN) 030-341-013). Any on-site meal program that is open to the general public (Open Meal
Program) is an ancillary use subject to the approval of a conditional use permit under Section 9-
2.110 of this code. Any such approved Open Meal Program shall abide by the following
operating standards:
(1) Hours of Operation. Open Meal Program service operating hours shall be between
4:00 p.m. and 6:00 p.m., daily. Non-Shelter Client participants shall vacate the site no later than
6:15 p.m.
(2) The operator shall take reasonable steps to prevent meal recipients from congregating
in and around the site at all times to minimize adverse impacts on adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-3.504(c)(1),
the Open Meal Program shall operate with a staffing ratio of one (1) employee or trained
volunteer for every ten (10) meal program participants. The operator shall provide training to all
volunteers and employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal Program shall
include a minimum of one (1) outdoor monitor to supervise participants in the rear of the
property and one (1) outdoor monitor to supervise participants in the front of the property.
Outdoor monitors shall be considered employees or volunteers for the staffing ratio purposes
listed in 9-3.504(h)(3).
(5) Number of Participants Served. The maximum number of participants in the meal
program shall not exceed eighty (80) persons served in one (1) day. This includes both temporary
overnight shelter clients, and non-shelter client participants (general public).
(6) Participant Screening. All Open Meal Program participants must be screened by the
operator prior to admission for meal service.
(7) Log of Participants. A log of Open Meal Program participants is required to be kept
daily. The operator must make reasonable efforts to collect the following information:
(i) Legal name
(ii) Date of birth
(iii) Housing status
(8) Review of Open Meal Program Participants. The operator must make available a log
of Open Meal Program participants for periodic review by the City.
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow these
operating standards or any other conditions of approval, disputes regarding such alleged
violations or other impacts on the neighborhood will be addressed as set forth in this subsection.
(i) Any complaints shall first be reported to the neighborhood liaison.
(ii) If a resolution does not occur, any complaint may be submitted as a code violation
complaint to the City.
(iii) Repeated violations to these operating standards or the conditions of approval may
result in a review of the operation of the shelter or the Open Meal Program by the City Council.
Following such review, the City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the possible suspension or revocation of the Open
Meal Program.
(h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to
provide additional services or programs, including daytime service programs beyond those
described in subsection (d)(1).