Contra Costa County Municipal Code Ch. 82-46 Emergency Shelters

The purpose of this chapter is to authorize the establishment of emergency shelters, subject to the development and operational standards of this chapter, as authorized by Government Code section 65583.

(Ord. No. 2014-11, § IV, 11-4-14)

(a) An application for a proposed emergency shelter must contain the following information:

(1) The total number of beds to be provided, the square-footage of personal living space for each resident, the square footage of indoor and outdoor common areas, and the number of bathroom and bathing facilities.

(2) The security measures that will be implemented at the emergency shelter.

(3) A map that identifies the proposed location of the emergency shelter in relation to all other emergency shelters, parks, schools, child care facilities, single family residential zones, and transit corridors and bus routes.

(4) A to-scale floor plan and building elevations for each emergency shelter building. An emergency shelter may include multiple buildings.

(5) A description of how the emergency shelter will comply with the development requirements in Section 82-46.006, and operational standards in Section 82-46.008.

(6) A description of how meals will be provided to emergency shelter clients. If meals will be prepared onsite, the applicant must indicate that it has applied for, or possesses, an environmental health permit under Chapter 413-3.

(b) An application for a proposed emergency shelter will be approved by the zoning administrator under the administrative decision procedure specified in Article 26-2.21 if the proposed emergency shelter complies with all development and operational standards of this chapter.

(c) If an application for a proposed emergency shelter does not demonstrate that the shelter will comply with one or more of the development standards in Section 82-46.006(b) or the operational standards in Section 82-46.008(b), then the applicant may apply for a land use permit in the manner specified in Chapter 26-2.20, to modify one or more of those development or operational standards. None of the development standards in Section 82-46.006(a) or operational standards in Section 82-46.008(a) may be modified by a land use permit, or otherwise.

(Ord. No. 2014-11, § IV, 11-4-14)

(a) Mandatory Development Standards. An emergency shelter must meet the following development standards:

(1) Security. An emergency shelter must include the following security measures:

(A) If individual rooms are provided, the door to each room must be equipped with an interior deadbolt lock.

(B) Each common shower stall must include an interior lock on the shower door, and an emergency call button or pull-cord.

(C) Parking areas and the exterior of an each emergency shelter building must include night lighting. All lighting fixtures must be advertised as vandal resistant and graffiti resistant by the lighting fixture manufacturer.

(D) Each window in an emergency shelter must include a locking mechanism to prevent it from being opened from outside the shelter.

(E) An emergency shelter must maintain a current client registration list that includes each client's name, and the date or dates of each client's stay at the shelter.

(2) Design. An emergency shelter must provide and comply with the following:

(A) A shelter must provide at least one telephone for use by shelter clients that enables shelter clients to make local outgoing calls free of charge.

(B) A shelter must provide one locker or locked storage cabinet per shelter bed for storing clients' personal property. The shelter must provide to each client, without charge, a lock to the locker or storage cabinet.

(C) A shelter must provide bathrooms and bathing facilities in the quantity and at locations as required by the California Plumbing Code (Title 24, Part 5 of the California Code of Regulations).

(D) A shelter must comply with the design and accessibility requirements of the Americans with Disabilities Act (ADA), as specified in the U.S. Department of Justice, Civil Rights Division, Disability Rights Section's "Americans with Disability Act's Checklist for Emergency Shelters," dated July 26, 2007, as may be amended from time to time.

(3) Common Facilities. An emergency shelter must provide the following common facilities for the exclusive use of the clients and staff:

(A) A central kitchen and at least one dining room;

(B) A private intake area; and

(C) A counseling center.

(b) Development Standards Subject to Modification. The following development standards apply to an emergency shelter but may be modified with the issuance of a land use permit.

(1) An emergency shelter must be located within one-half mile of an existing public bus stop, Bay Area Rapid Transit (BART) station, Amtrak station, or ferry terminal. If an emergency shelter will not be located within one-half mile of an existing public bus stop, BART station, Amtrak station, or ferry terminal, the shelter applicant must provide written confirmation with its application that the emergency shelter will provide transportation for its clients between the shelter and the nearest existing public bus stop, BART station, Amtrak station, or ferry terminal.

(2) Floor Area. An emergency shelter must contain a minimum of one hundred twenty-five square feet of gross floor area per bed.

(3) Parking. Off-street parking at an emergency shelter must be provided at the ratio of one space for every ten beds, plus two additional spaces designated exclusively for shelter staff. Off-street parking must be located on the same lot as, or a lot immediately adjacent to, the emergency shelter. Off-street parking areas must meet the parking design and layout standards of Chapter 82-16.

(4) Maximum Number of Beds. No emergency shelter may provide more than 75 beds.

(Ord. No. 2014-11, § IV, 11-4-14)

(a) Mandatory Standards. An emergency shelter must meet the following operational standards:

(1) Hours. An emergency shelter must establish and maintain specific hours for client intake and discharge. These hours must be clearly displayed at the front or main entrance of the shelter at all times.

(2) Intake. An emergency shelter must place clients in the shelter on a first-come, first-served basis.

(3) Meals. An emergency shelter must provide each client a minimum of two meals each day, at no cost to the client. If meals will be prepared onsite, then the emergency shelter must maintain a valid environmental health permit under Chapter 413-3.

(4) Services. Emergency shelter staff and services must be provided to assist clients to obtain permanent housing and income. Those services must be made available to all clients of the emergency shelter at no cost to the clients. An emergency shelter may not require the exchange of resident work for emergency shelter services.

(b) Operational Standards Subject to Modification. The following operational standards apply to an emergency shelter but may be modified with the issuance of a land use permit.

(1) Minimum Level of Staffing. A minimum of one on-site, full-time staff person per twenty-five beds at the shelter, or two on-site, full-time staff persons, whichever is greater, must be present at the shelter twenty-four-hours each day. Volunteer staff may not be counted towards meeting this requirement.

(2) Maximum Length of Stay. Temporary shelter at the emergency shelter must be provided to a client for no more than sixty consecutive days within any twelve-month period. If emergency shelter staff determine that no alternative housing is available to a client, then the total length of that client's stay in the emergency shelter may be extended to a maximum of one hundred eighty consecutive days within any twelve-month period.

(Ord. No. 2014-11, § IV, 11-4-14)

(a) An emergency shelter may be located within a general commercial (C) zoning district, as long as the district where the emergency shelter is located has a consistent general plan designation of commercial (CO). An emergency shelter must conform to the height and yard requirements of the zoning district in which it is located.

(b) If any provision of this Chapter 82-46 conflicts with any requirements of the zoning district in which the emergency shelter is to be located, then the requirements of this chapter shall govern.

(Ord. No. 2014-11, § IV, 11-4-14)