HomeMy WebLinkAboutOrdinance 571 CERTIFICATION
1, Marcia McClure T'orgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 571, adopted by the
Atascadero City Council at a regular meeting thereof held on September 24, 2013, and that it has
been duly published pursuant to State Law.
DATED: 'y� �� � f �L � Cl�"�
Marcia McClure Torgereon,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 57:1
AN ORDINANCE OF THE CITY COUNCIL,
OF THE CITY OF ATASCA.DE O, CALIFORNIA,
APPROVING ZONE TEXT CHANGE 2011.-0163 AMENDING
TITLE 9 OF THE ATASCA.DERO MUNICIPAL CODE
PLN 2011-1417/ZC 2011-0163
(Citywide/City of At seadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6500 Palma
Avenue, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
introduction of Article 23, Emergency Shelter Overlay Zone ordinance for consistency with State
of California Senate Bill 2; designated APN 030-341-013 as an Emergency Shelter (ES) overlay
zone for implementation of the City's Emergency Shelter Ordinance regardless of owner;
establishing a conditional use permit requirement for an open meal program; and additions to
Section 9-9.102 for consistency purposes; and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS,the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; 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 Planning and
Zoning Text Change 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 Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CIT'' OF ATASCAUERO
HEREBY ORDAINS AS FOLLOWS:
City of Atascadero
Ordinance No.571
Page 2 of 10
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as follows:
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and the environment and to preserve
scenic, cultural and historic resources are established as follows:
(a) Overlay districts:
(1) Flood Hazard—FH;
(2) Geologic Hazard—GH;
(3) Historic Site----HS;
(4) Sensitive Resource—SR;
(5) Planned Development=PD. (Ord.. 68 § 9-3.103, 1983)
(6) Emergency Shelters--ES (9-3.901)
Article 23. ES (Emergency Shelter) Overlay Zane
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.
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
9-3.50 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 setback 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 onsite.
(2) One (1)bicycle space per ten(10)beds must be provided onsite.
(3) One(1)vehicle space per employee must be provided onsite.
(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.
City of Ataseadero
Ordinance No.571
Page 3 of 10
(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 12 month 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
Multi-family zoning district requirements in Section 9-4.125.
(4) Outdoor areas(yards)must be kept clean and free of debris.
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 servedby 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: 50 beds.
(e) On-site management and supervision.
(]) Assessor Parcel Number(APN) 030-341-013. There shall be a minimum of
one(1) on duty supervisor for every twenty(25) overnight residents during
the operating hours.
(d) Operating hours.
(1) Assessor Parcel Number(APN) 030-341-013. 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 when the shelter is not operating.
Exceptions:
(i.) Temporary shelter residents are permitted on the premises for scheduled
appointments with case manager(s)between the hours of 12:00 p.m. and
4:00 p.m. daily.
(ii.) Operator staff, board members,and contractors are not subject to any
time restrictions.
(iii.) Special Activities. No more than once per month a single special
activity is permitted on site that exceeds the specified hours of operation.
Special events include the following:
City of Ataseadero
Ordinance No. 571
Page 4of10
a. Fund raisers(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) Onsite 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 onsite.
(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 two neighborhood meetings 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.
Operations issues that cannot be resolved by staff will be forwarded to the
Planning Commission 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-residents participants shall
vacate the site no later than 6:15 p.m.
(2) The operator shall take reason steps to prevent meal recipients for
congregating in an 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
City of Atascadero
Ordinance 01o. 571
Page 5 of 10
(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 day. This
includes both temporary overnight residents, and non-resident 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 compliant 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 section 9-3.504(d)(1).
City of Ataseadero
Ordinance No. 571
Page 6 of 10
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code,this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to
on- or of- side services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to lie in and, when possible,
work in the community, where no on-site medical care is provided. This definition excludes
housing for halfway houses intended for occupancy by parolees or convicted persons, children's
homes,halfway houses,rehabilitation centers, and self-help group homes.
Transitional Housing. Buildings configured as rental housing developments,but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months(Health and Safety Code section 50675.2(h)). This
definition excludes housing for halfway houses intended for occupancy by parolees or convicted
persons,children's homes,halfway houses,rehabilitation centers,and self-help group homes.
City of Atascadero
Ordinance No.571
Page 7 of 10
SECTION 3: A summary of this ordinance shall be publishedtwice: at least five days
prior to its final passage in the Atascadero News, a newspaper published and circulated in the
City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the
Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of
the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and passage and shall be available to any interested member of the public.
EXHIBIT A: Categorical Exemption
EXHIBIT B: Emergency Shelter Overlay Location
INTRODUCED at a regular meeting of the City Council held on September 24, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 8, 2013, by the following roll call vote:
AYES: Council Members Fonzi, Kelley, Moreno and Mayor O'Malley
NOES: None
ABSTAIN: Mayor Pro Tem Sturtevant
ABSENT: None
ATTEST: CITY OF ATASCkDERO
Marcia McClure Torgerson, C.M. Tom O'Malle , Vlayor
City Clerk
APPROVED AS TO FORM:
�6 r-V1
Brian Pierik, City Attorney
City of Atascadero
Ordinance No. 571
Page 8of10
EXHIBIT A- Categorical Exemptions
PLN 2011-1417 1 ZC1i 201'1-0163
Housing Element lay pRernentat'sots
IRI E: FF p>ol
NOTICE
®1�'9'i/F��'/�gy<$¢''1Y EXEMPTION E
—�I$ @gJy/''�Q�®S��J'
6907 El Camino Real Atascadero,CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero,CA 93422
SUBJECT. Fling of Notice of Determination in Compliance with CEQA Sections 15061.and 1.5062
Proiect Title
ZONING ORDINANCE CODE TEXT AMENDAMNT
Proiect Location(include County}
Citywide,Atascadero,CA 93422(San Luis Obispo County)
Project Description
.Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning.PPoposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
of'the City`s General Plan. Text amendments including the falloxnng:
• Revisions and reorganization of Article 3 into Residential Zoning Districts(Article 3);
• Revisions to the Residential Multi-family Density standards(AMC 9-3,175)
• Introduction ofa residential district allowable uses matrix(AMC 9-3.180);
• Reserving Articles 4,5,and 6 for future uses;
• Inclusion of new conditionally allowed residential uses and revised land use definitions in the
Commercial Neighborhood(CW),Commercial Retail(CR)and Commercial Park(CP)zones(AMC
sections 9-3.223,9-3.203,9-3.213),
• Introduction of Artide 25,Emergency Shelter Overlay Zone ordinance fur consistency with State of'
California Senate Bill 2(Article 23);
• Designated APN030-341-013 as an Emergency Shelter(ES)overlay zone for implementation ofthe
City's bmergency5kelter0rdinance;regard as ofowner;
• Additions to the land use descriptions in Article 29 for code consistency purposes(AMC 9-3.701);
• Revisions to Article 13,Downtown Zone-.l PC(Pedesir&in Commercial)zone fair consistency with
revised land use definitions(AMC 9-3.262);
• Introduction of'Artide 30,Density Bonus,for consistency with State Housing Law(Article 30);
• Introduction of Chapter 13-Reasonable Accommodations for consistency with State and Federal
Housing and Disability law(AMC 9-13);
• Additions to.section 9-102 General definitions for consistency with proposed ordinances;
City of Atascadero
Ordinance leo. 571
Page 9 of 10
CXZY 0E ATASCADEf20
NOTICE OF E.XEMP17ON
Page 2 0#2
NamcofPublicA encumvin Pro'ect.
0tvaffIrose deco
Name of Person or Amoy Carrtiny Out Proiect
Ci�mmurrityi3evelopmerrii3epetr7menr,Cityofkascadery
Erempt.Status:
Reasons whyprgleci is exempt:
The California Environmental Quality Act(CEQA)(Secticli.15051.(3}Review,for Exemption)exempts
activities which arc covered by the general rule that CEQA.applies only trt projects,which have the
potential for causing a significant effect on the en-imment.
Date: June 25,2013
Alfredo R.Castillo.AlC.P _.
Assistant Plattner
Page 2 of 2
City of Atascadero
Ordinance No. 571
Page 10 of 10
EXHIBIT B-. Emergency Shelter(ES) Overlay Zone Site
FLN 2011-1417/ZCH 2011-0163
Housing Element Implementation
Proposed Emergezicy
helter Overlay Site (ES
g..
.F Wir-A
6
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