§ 17.63

It is the intent of this chapter to facilitate and encourage the provision of decent, affordable housing for farmworkers by not requiring a conditional use permit, zoning variance, or other zoning clearance for farmworker housing that is not required of any other agricultural activity in the agriculture (A) zone.

(Ord. No. 862, § 8, 10-8-13)

Farmworker housing shall be considered to be an activity that in no way differs from an agricultural use.

(Ord. No. 862, § 8, 10-8-13)

The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63A - EMERGENCY SHELTER[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.66. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63A.

17.63A.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing emergency shelters without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones and subject only to the same development standards that apply to the other permitted uses in these zones, except for standards unique to emergency shelters as set forth in Section 17.63A.020 of this chapter.

(Ord. No. 862, § 8, 10-8-13)

17.63A.020 - Special development and management standards.

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to emergency shelters as authorized by Section 65583(a)(4) of the California Government Code:

A.

The maximum number of beds or persons to be served nightly by an emergency shelter shall be thirty-five.

B.

Off-street parking shall be based upon the number of spaces required to accommodate all staff working at the emergency shelter at the same time, provided that no more parking shall be required for an emergency shelter than is required for other commercial or industrial uses within the same zone.

C.

Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

D.

Appropriate exterior lighting shall be provided.

E.

On-site management shall be provided.

F.

Security shall be provided during the hours that the emergency shelter is in operation.

G.

The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H.

An emergency shelter shall not be located within three hundred feet of another emergency shelter.

I.

No individual or household shall be denied emergency shelter because of an inability to pay.

(Ord. No. 862, § 8, 10-8-13; Ord. No. 934, § 4, 2-11-25)

Chapter 17.63B - SINGLE-ROOM OCCUPANCY (SRO)[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.68. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63B.

17.63B.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing SRO housing without a conditional use permit or other discretionary action in the service industrial (I-S) and general industrial (I-G) zones.

(Ord. No. 862, § 8, 10-8-13)

17.63B.020 - Occupancy.

An SRO unit shall be occupied by a single person. Occupancy of SRO units may be restricted to seniors or be available to persons of all ages.

(Ord. No. 862, § 8, 10-8-13)

17.63B.030 - Special development and management standards.

In addition to the applicable development and performance standards set forth in Division III of Title 17, the following development and management standards shall apply to SRO housing:

A.

Units in an SRO housing development shall consist of a single room and may have a private or shared bathroom. A shared common kitchen and activity area may also be provided.

B.

On-site management shall be provided.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63D - TRANSITIONAL HOUSING[[11]]

Section:

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 862, § 8, adopted October 8, 2013, set out provisions intended for use as Chapter 17.72. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 17.63D.

17.63D.010 - Intent.

It is the intent of this chapter to facilitate and encourage the provision of affordable shelter for low-income persons with special housing needs by allowing transitional housing without a conditional use permit or other discretionary action in all residential zones and subject only to the same development standards that apply to the other permitted residential uses in these zones.

(Ord. No. 862, § 8, 10-8-13)

Chapter 17.63E - COMMERCIAL CANNABIS RELATED USES AND ACTIVITY[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 883, § 1, adopted June 13, 2017, repealed the former Chapter 17.63E, §§ 17.63E.010—17.63E.060, and enacted a new Chapter 17.63E as set out herein. The former Chapter 17.63E pertained to marijuana dispensaries and derived from Ord. No. 873, adopted January 12, 2016 and Ord. No. 882, adopted May 9, 2017.

17.63E.010 - Purpose.

The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Blythe Municipal Code. No person shall operate a commercial cannabis business without first obtaining a city commercial cannabis business permit and complying with all the requirements of Title 5 of the Blythe Municipal Code and complying with all applicable state law requirements including obtaining a license or permit required by the state to operate a commercial cannabis business.

(Ord. No. 883, § 2, 6-13-17)

17.63E.020 - Definitions.

Unless otherwise provided herein, the terms used in this part shall have the meanings ascribed to them in Title 5 of the Blythe Municipal Code.

(Ord. No. 883, § 2, 6-13-17)

17.63E.030 - Location of commercial cannabis businesses—Dispensaries.

Commercial cannabis dispensaries shall be permitted only as follows:

A.

In the C-C, commercial community business, C-G general commercial, and in I-G, general industry zone.

B.

The dispensary must not be located on a parcel located within a six hundred feet radius of a school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). If any part of a parcel falls within the six hundred feet, then the entire parcel shall meet the requirements of this paragraph.

C.

No closer than six hundred feet from any portion of any parcel in the City limits containing any of the following:

1.

A youth facility;

2.

A daycare facility serving nine or more children and is licensed by the county or city.

3.

Parks and places of worship at the discretion of the city council.

D.

No closer than one thousand feet from any portion of any parcel containing a commercial adult day care facility serving nine or more adults and licensed by the state, county or city.

(Ord. No. 883, § 2, 6-13-17)

17.63E.040 - Location of commercial cannabis businesses—All types other than dispensaries—Cultivation, manufacturing, testing facilities and distributors.

Commercial cannabis businesses other than dispensaries, including those permitted to engage in cultivation, manufacturing, testing and distribution of cannabis and cannabis products shall be permitted only if all the following requirements are met:

A.

Commercial cannabis businesses other than a dispensary must be located on property zoned C-C community commercial, C-G, general commercial, I-G general industrial, and I-S service industrial; and

B.

The property on which the commercial cannabis business is located must also be no closer than six hundred feet from any portion of any parcel containing any of the following:

1.

A school (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);

2.

A daycare facility serving nine or more children and is licensed by the county and city;

3.

Any park or place of worship at the discretion of the city council;

4.

A youth facility.

(Ord. No. 883, § 2, 6-13-17; Ord. No. 885, § 16, 10-10-17; Ord. No. 890, § 2, 8-14-18; Ord. No. 901, § 2, 7- 14-20)

17.63E.050 - Distances measured; applicable properties.

The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the city's limits, unless otherwise required by state law. The distance requirements shall not be applicable with respect to any property located outside the city limits.

(Ord. No. 883, § 2, 6-13-17)

17.63E.060 - Certification from the planner or designee.

Prior to commencing operations, a commercial cannabis business must obtain a certification from the planner or designee certifying that the business is located on a site that meets all the requirements of this chapter.

(Ord. No. 883, § 2, 6-13-17)

17.63E.070 - Medical dispensaries, cultivation of medical marijuana and all commercial medical marijuana uses in the city.

Marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited throughout the city of Blythe unless permitted by this chapter.

(Ord. No. 883, § 2, 6-13-17)

Chapter 17.63F - LOW BARRIER NAVIGATION CENTERS

17.63F.010 - Purpose.

The purpose of this chapter is to implement the provisions of California Government Code Section 65660 et seq. relating to low barrier navigation centers.

(Ord. No. 935, § 12, 4-8-25)

17.63F.020 - Definitions.

For purposes of this chapter, the following definitions shall apply:

A.

"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in California Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

B.

"Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2.

Pets;

3.

The storage of possessions; or

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(Ord. No. 935, § 12, 4-8-25)

17.63F.030 - Requirements.

A low barrier navigation center shall be ministerially approved by the director if it meets the following requirements:

A.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

B.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.

C.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code.

D.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 935, § 12, 4-8-25)

17.63F.040 - Application procedures.

A.

An application shall be submitted to the planning division of the development services department.

B.

The city shall notify the applicant within thirty days of receipt of an application whether the application is complete and if not, shall provide the applicant with a complete list of items that were not complete.

C.

The city shall act within sixty days of receipt of a completed application.

(Ord. No. 935, § 12, 4-8-25)

Chapter 17.63G - SUPPORTIVE HOUSING FOR HOMELESS

17.63G.010 - Purpose.

A.

The purpose of this chapter is to implement the provisions of California Government Code Section 65650 et seq. relating to supportive housing for a target population of homeless persons as defined in California Health and Safety Code Section 5067.14.

B.

The provisions of this chapter take precedence over any section of the zoning code to the contrary.

(Ord. No. 935, § 13, 4-8-25)

17.63G.020 - Definitions.

For purposes of this chapter, the following definitions apply:

"Administrative office space" means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development authorized pursuant to this title and includes other nonprofit operations beyond the scope of the corresponding supportive housing development. "Administrative office space" includes parking necessary to serve the office space.

"Lower income households" means the same as defined in Section 50079.5 of the California Health and Safety Code.

"Supportive housing - homeless" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing includes nonresidential uses and administrative offices as limited by this chapter and specifically includes transitional housing for youth and young adults.

"Supportive services" includes, but is not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

"Target population" means persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the California Government Code.

(Ord. No. 935, § 13, 4-8-25)

17.63G.030 - Requirements.

A.

This chapter shall only apply to a supportive housing development of no more than fifty units that meets the requirements of this chapter.

B.

Units within the development are subject to a recorded affordability restriction for fifty-five years. The city shall record an affordability restriction against the property which restricts the units to lower income households for a period of fifty-five years. The applicant shall be required to sign all necessary documents.

C.

One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. Rents shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.

D.

At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

E.

Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts:

1.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

2.

For a development with more than twenty units, at least three percent of the total floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

3.

The total floor area dedicated to administrative office space shall not exceed twenty-five percent of total floor area.

F.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in California Government Code Section 65915(c)(3).

G.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

H.

The development shall be required to comply with the objective development standards and policies that apply to other multifamily developments within the same zone.

(Ord. No. 935, § 13, 4-8-25)

17.63G.040 - Application/processing.

A.

The standard application for the housing development project shall be supplemented with the following information:

1.

The plan for providing supportive services with appropriate documentation showing that the supportive services will be provided on site to the residents in the project;

2.

The name of the proposed entity or entities that will provide supportive services;

3.

The proposed funding source(s) for the provided on-site supportive services;

4.

Proposed staffing levels by shift;

5.

The number of units that are restricted to residents who meet criteria of the target population;

6.

The amount of nonresidential floor area that shall be used for on-site supportive services;

7.

An identification of the number of manager units that will be provided; and

8.

An identification of the number of rental dwelling units on site, or units that have been vacated in the fiveyear period preceding the application, which are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of lower or very low income; subject to any other form of rent

or price control through a public entity's valid exercise of its police power, or occupied by lower or very low income households.

B.

An application shall be reviewed for completeness within thirty days of receipt. The application shall be acted on within sixty days after the application is complete for a project with fifty or fewer units.

C.

The application for a supportive housing project that complies with all applicable requirements, including the requirement for replacement housing, shall be ministerially approved by the director.

(Ord. No. 935, § 13, 4-8-25)

17.63G.050 - Parking requirements.

The following parking requirements shall apply:

A.

Parking shall be required at the rate of one space per unit. However, no minimum parking requirement shall apply for the units occupied by supportive housing residents if the development is within one-half mile of a public transit stop.

B.

A minimum of one parking space shall be provided for each manager unit(s).

C.

Parking at the rate of one space for every employee on the largest shift.

(Ord. No. 935, § 13, 4-8-25)

DIVISION V. - ADMINISTRATION, PERMITS AND VARIANCES Chapter 17.64 - ADMINISTRATIVE POWERS AND DUTIES

Sections:

17.64.010 - City council responsibilities.

The city council shall:

A.

Adopt regulations as stated in this title and amendments hereto;

B.

Approve any changes to the zoning map;

C.

Grant or deny conditional use permits and variances; and

D.

Perform such other duties as are required by state law, acting in joint capacity as planning commission and city council.

(Ord. 595 § 7.00(A), 1982)