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Ordinance No. 2023-04 | Emergency Shelter Amendment Ordinance | Adopted 05/15/2023 ORDINANCE NO. 2023-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE, CHAPTER 30 (ZONING), ARTICLE XLI SECTION 30.41.32 (SPECIFIC PROVISIONS—EMERGENCY SHELTERS), ARTICLE II SECTION 30.2.20 (DEFINITIONS), AND ARTICLE XI SECTION 30.11.10(C) (RESIDENTIAL USE TABLE) REGARDING EMERGENCY SHELTERS WHEREAS, the Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table) currently regulate emergency shelters within the city; and WHEREAS, State Planning and Zoning Law requires the City of Gilroy to adopt a comprehensive, long-term general plan for the physical development of the city that includes a housing element; and WHEREAS, State law requires that the housing element identify adequate sites for housing, including emergency shelters; and WHEREAS, Assembly Bill No. 2339, CHAPTER 654 was approved by the Governor and filed with the Secretary of State on September 28, 2022, and amended Sections 65583 and 65863 of the Government Code; and WHEREAS, Assembly Bill No. 2339 revises the requirements of the housing element, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit; and WHEREAS, Assembly Bill No. 2339 requires that emergency shelters only be subject to specified written, objective standards; and WHEREAS, Assembly Bill No. 2339 specifies that the definition of emergency shelter shall include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care; and WHEREAS, Assembly Bill No. 2339 requires an amendment to Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions— Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table); and WHEREAS, adoption of the Zoning Ordinance text amendment is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that the Zoning Ordinance text amendment would not result in a significant environmental effect, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies; and Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 2 of 6 WHEREAS, on April 20, 2023 the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Amendment (Z 23-03); and WHEREAS, on April 20, 2023 the Planning Commission recommended the City Council approve Zoning Amendment X 23-03 amending Gilroy City Code Chapter 30 (Zoning), Article XLI Section 30.41.32 (Specific provisions—Emergency shelters), Article II Section 30.2.20 (Definitions), and Article XI Section 30.11.10(c) (Residential use table) regarding emergency shelters; and WHEREAS, the City Council held a duly noticed public hearing on May 1, 2023, at which time the City Council received and considered the zoning ordinance text amendment, took and considered written and oral public testimony including the staff report, and all other documentation related to the proposed Zoning Amendment (Z 23-03); and WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII (Amendment to the Zoning Ordinance), the Planning Commission has recommended, and the City Council finds, that the proposed Zoning Ordinance text amendment is necessary to carry out the general purpose of the Zoning Ordinance, and applicable General Plan goals and policies including Gilroy 2040 General Plan Land Use Goal LU 3 to provide a variety of housing types that offer choices for Gilroy residents and create complete, livable neighborhoods; Gilroy 2015-2023 Housing Element Goal H-1 (Housing Production) to provide adequate residential sites to accommodate projected housing needs and encourage the production of a variety of housing types; and Gilroy 2015-2023 Housing Element Goal H-2 (Affordable Housing) to encourage and support the provision of affordable housing in Gilroy; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 30 (Zoning), Article XLI, Section 30.41.32 is hereby modified as follows: 30.41.32 Specific provisions—Emergency shelters. In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 3 of 6 (a) On-Site Management and Security Plan. The emergency shelter shall provide on-site management and security during all hours that the emergency shelter is in operation. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, screening of clients to ensure compatibility with the services provided at the facility, food services, security, and training, counseling and treatment programs for clients. Such plan shall be submitted to and approved by the planning manager and police chief prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this section. The operator of each emergency shelter shall annually submit the management plan with updated information for review and approval. (b) Maximum Number of Beds. The maximum number of beds permitted to be served nightly by the facility emergency shelter shall not be limited. However, the number of beds within any single room in a of the emergency shelter shall not exceed fifty (50) unless a larger number is approved on a temporary basis in advance by the planning manager community development director and police chief. A floor plan that includes the maximum number of beds proposed for the emergency shelter shall be included in the application for a building permit. (c) Exterior and Interior Onsite Waiting and Client Intake Area. An indoor intake area shall be provided and be of sufficient size to accommodate the maximum number of clients anticipated to request sheltering at any given time in addition to providing the minimum interior floor area required to comply with the maximum occupant load requirements of the California Building Code. In addition, an exterior area shall be provided for clients waiting for the shelter to open. The waiting area shall be of sufficient size to accommodate the maximum number of clients anticipated to be waiting for the shelter to open at any given time. Theis exterior waiting area shall be physically separated and visually screened from the public right-of-way. The method for determining the maximum number of clients requesting sheltering and the number of clients and waiting for the shelter to open shall be included in the shelter management plan and approved by the planning manager and police chief. A site plan and floor plan that includes the size and location of the exterior and interior onsite waiting and intake areas shall be included in the application for a building permit. (d) Parking. One (1) parking stall shall be provided per employee and volunteer on the shift with the greatest number of employees and volunteers, provided that the total number of parking stalls does not exceed the minimum parking that would be required for other residential or commercial uses within the same zone. In addition, one (1) parking stall shall be provided for every ten (10) beds in the shelter. (e) Lighting. Parking lots and pedestrian walkways of shelters that are open after dusk shall provide lighting of a minimum horizontal illumination of two (2) foot candles for those areas. Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 4 of 6 (f) Length of Stay. The maximum length of stay shall be limited to one hundred eighty (180) days per calendar year or less [Health and Safety Code Section 50801(e)]. (g) Proximity to Other Emergency Shelters. The minimum distance between emergency shelters shall be 300 feet. (h) Location. Emergency Shelters shall be permitted by right in the R4 zone district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan land use diagram. SECTION II Gilroy City Code, Chapter 30 (Zoning), Article II, Section 30.2.20 is hereby modified as follows: 30.2.20 (Definitions) “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of one hundred eighty (180) days per calendar year or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. [Health and Safety Code Section 50801(e)] The definition of emergency shelter includes other interim interventions, including, but not limited to, a navigation center, emergency bridge housing, and respite or recuperative care. “Emergency bridge housing” means any new or existing facilities, including, but not limited to, housing in temporary structures, including, but not limited to, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self- sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. “Navigation center” means Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. SECTION III Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 5 of 6 Gilroy City Code, Chapter 30 (Zoning), Article XI, Section 32.11.10(c). is hereby modified as follows: 30.11.10(c) (Residential use table) A1 RR R1 R2 R3 R4 RH ND Community Garden X X X X X X * Emergency Shelter7 C C C C C C X C * Golf Course or County Club C C C C C C * * = Refer to the master plan or specific plan adopted for the neighborhood district area in which the property is located. 7 Emergency shelters shall be subject to the performance standards listed in section 30.41.32. Emergency Shelters shall be permitted by right in the R4 zone district and areas designated Mixed Use (MU) on the Gilroy 2040 General Plan land use diagram. Additionally, emergency shelters in the agriculture and residential zoning districts shall only serve families. For the purpose of this section, a “family” is defined as having one (1) or more individuals under eighteen (18) years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Family also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under eighteen (18) years of age. SECTION IV If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION V Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. Ordinance No. 2023-04 Emergency Shelter Amendment Ordinance City Council Regular Meeting | May 15, 2023 Page 6 of 6 PASSED AND ADOPTED this 15th day of May 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (May 16, 2023 17:08 PDT) Marie Blankley CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2023-04 is an original ordinance, or true and correct copy of a city Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, May 15, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, May 15, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)