Chapter 17.92
HOMELESS SHELTERS

Sections:

17.92.010    Homeless shelter--Zones.

17.92.020    Standards.

17.92.030    Transitional and supportive housing--Zones.

17.92.040    Constitutionality.

17.92.010 Homeless shelter--Zones.

An emergency shelter for the homeless or multi-service center for the homeless shall be a permitted use on any parcel within the C-S (service commercial) or M-1 (light industrial) zone.  Each facility shall comply with all of the required development and operational standards of the zone in which it is located.  (Ord. 15-01 §4 (part), 2015).

17.92.020 Standards.

In addition to the development standards in the underlying zoning district, the following standards apply to emergency shelters and each emergency shelter shall comply with the standards set forth in this section.  In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.  Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided in this code.

A.    Facility Compliance.  Federal, state and local licensing as required for any program incidental to the emergency shelter.

B.    Physical Characteristics.

1.    Compliance with applicable state and local uniform housing and building code requirements.

2.    The facility shall have on-site security during all hours when the shelter is open.

3.    Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property.  Lighting shall reflect away from residential areas and public streets.

4.    Facilities shall provide secure areas for personal property.

C.    Occupancy.  A maximum of thirty beds or persons may be served nightly, with associated support service not open to the public.

D.    Length of Stay.  The length of stay of an individual client shall not exceed six months within a twelve-month period; days of stay need not be consecutive.

E.    Parking.  On-site vehicle parking spaces shall be provided at a rate of two spaces per facility for staff plus one space per six occupants or beds allowed at the maximum occupancy.  A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight bike parking spaces.

F.    Waiting and Intake Area.  A client waiting area shall be provided sufficient in size to accommodate all persons waiting to enter the facility, and shall contain a minimum of ten square feet per bed provided at the facility.

G.    Support Services.  Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the building.  Support services include, but are not limited to, the following:

1.    Food preparation and dining areas.

2.    Laundry facilities.

3.    Restrooms and showers.

4.    Areas to secure and store client belongings.

H.    Management and Operating Plan.  The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the planning director in consultation with the chief of police in conjunction with the site plan review application and/or prior to the issuance of permits.  The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter.  The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the planning director in consultation with the chief of police.  The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures list, list of services, staff training, "good neighbor" communication plan, client transport and active transportation plan, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to Kerman homeless population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report.  The city may inspect the facility at any time for compliance with the facility’s management and operation plan and other applicable laws and standards.

I.    Permit Fee.  The city council may establish a fee by resolution to cover the administrative cost of review of the required management and operation plan.  (Ord. 15-01 §4 (part), 2015).

17.92.030 Transitional and supportive housing--Zones.

Transitional housing and supportive housing shall be considered a residential use of property allowed in all zones that allow residential uses, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.  (Ord. 16-01 §1, 2016:  Ord. 15-01 §4 (part), 2015).

17.92.040 Constitutionality.

Should any section, subsection, paragraph, clause, or phrase of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter.  (Ord. 15-01 §4 (part), 2015).