Division 4 — EMERGENCY SHELTERS

To establish supplemental development standards for emergency shelters that:

(a)

Ensure that adequate sites to accommodate emergency shelters are available.

(b)

Provide regulations for the development, maintenance, and operation of emergency shelters.

(c)

Meet the requirements of Government Code § 65583(a)(4).

(d)

Contribute to the provision of a variety of housing types in compliance with state law and the general plan housing element.

(Ord. No. 1867, § 1(Exh. A1), 8-13-13)

Emergency shelter shall have the meaning ascribed to it in Government Code § 65582(d) and Health and Safety Code § 50801(e), as such sections may be amended from time to time, and which presently define the term "emergency shelter" to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 1867, § 1(Exh. A1), 8-13-13)

To accommodate the city's emergency shelter needs:

(a)

Emergency shelters shall be permitted in the commercial-manufacturing (CM) zone subject to issuance of a conditional use permit pursuant to section 90-42 and the development and management standards in section 90-304.

(b)

As of the effective date of this ordinance, an emergency shelter overlay zone has been established for property located at 200 E. Menlo Avenue, known as Valley Restart, which accommodates the city's need for emergency shelter pursuant to Government Code § 65583(a)(4)(C) and 65583(a)(7). An emergency shelter is permitted by right at this location, subject to the development and management standards outlined in article XXVI, division 4, emergency shelter overlay zone.

(c)

Emergency shelters shall be subject only to the development and management standards of the underlying zone and the provisions of this article. In the event of an inconsistency, the standards of this article shall prevail.

(d)

Emergency shelters established within the boundaries of the Hemet-Ryan Airport land use compatibility zones may be subject to review by the Riverside County Airport Land Use Commission in accordance with the adopted airport land use plan.

(Ord. No. 1867, § 1(Exh. A1), 8-13-13; Ord. No. 2034, § 5, 6-11-24)

(a)

Applicability. Notwithstanding any other requirements of this division, the following provisions shall only be effective for the duration of a shelter crisis, as declared by the city council pursuant to Government Code § 8698.2. Upon the expiration of the city's shelter crisis declaration, or the repeal or expiration of the ordinance codified in this section, the emergency shelter must immediately cease its expanded emergency sleeping cabin operations and immediately return the site to its previous condition. Approvals issued pursuant to this section are not property, have no value, and do not create vested rights or confer nonconforming status.

(b)

Emergency sleeping cabins.

(1)

For purposes of this section 90-303.5, "emergency sleeping cabin" shall mean a relocatable hard-sided structure, constructed in accordance with chapter 14, article XIV of this Code, which may be occupied only for emergency shelter.

(2)

For the duration of the shelter crisis, emergency sleeping cabins shall be allowed on the site(s) identified in subsection 90-303(b) in the approved Palette Shelter Village area depicted below as necessary to accommodate the city's need for emergency shelter pursuant to Government Code § 65583, provided the emergency sleeping cabins comply with all applicable building, health, and safety standards set forth herein.

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(c)

Site plan.

(1)

To establish emergency sleeping cabins, an emergency shelter provider shall submit to the city a site plan for the emergency sleeping cabins that complies with the standards set forth in chapter 14, article XIV of this Code.

(2)

To protect occupants in the event of an emergency, the site plan must also satisfy the following requirements:

a.

A fire flow of 1,500 gpm at 20 psi residual pressure shall be available from hydrants within 600 feet of the furthest point of any building;

b.

Approved fire apparatus access shall be within 150 feet of any point of the building;

c.

Fire sprinklers designed to 2022 NFPA 130 may be required;

d.

The site shall conform to all pertinent requirements of the Americans with Disabilities Act (https://www.ada.gov/pcatoolkit/chap7shelterchk.htm);

e.

At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible;

f.

The site shall provide adequate space for emergency response vehicles; and

g.

As part of the site plan, a building egress plan shall be provided to the building department for review and approval.

(3)

A site plan must be approved prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all site conditions necessary to

ensure the adequate protection of life, health, and property.

(d)

Management. Emergency sleeping cabin operators shall comply with the development and management standards set forth in subsections 90-304(a), (c)—(f), and (h)—(n), including the submission of an onsite management plan. A management plan must be approved by the city prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all management conditions necessary to ensure the adequate protection of life, health, and property.

(e)

Inspection. The city shall have a right to inspect the site to ensure compliance with the requirements set forth herein.

(f)

Violations. Violations of this chapter include:

(1)

Operating emergency sleeping cabins without an approved site plan, or failing to operate emergency sleeping cabins in accordance with an approved site plan, pursuant to subsection (c) above;

(2)

Operating emergency sleeping cabins without an approved management plan, or failing to operate emergency sleeping cabins in accordance with an approved management plan, pursuant to subsection (d) above;

(3)

Failing to maintain facilities in good repair;

(4)

Denying or otherwise interfering with the city's inspection of the site pursuant to subsection (e) above;

(5)

Failing to abide by the management standards set forth in subsection (d) above;

(6)

Failing to comply with any other provision of this Code, including those provisions in chapter 30; and

(7)

Failing to comply with state and local health, environmental, and safety standards.

(g)

Enforcement. In addition to other remedies allowed by law, any person who violates this chapter or operates an unauthorized emergency sleeping cabin facility may be subject to civil action, including (but not limited to) a petition for the appointment of a receiver under Health and Safety Code § 17980 et seq., administrative penalties, criminal citation, and all other actions set forth in [chapter 1] of this Code. Violations of this chapter are hereby declared a public nuisance. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing provisions hereof.

(Ord. No. 2022-2000, § 2, 6-28-22; Ord. No. 2034, § 5, 6-11-24)

In accordance with the authority granted in Government Code § 65583(a)(4)(C), all emergency shelters shall comply with the following development and management standards except as provided in article XXVII, division 4, overlay zone:

(a)

On-site management. The emergency shelter provider shall prepare and file a management plan with the community development department that includes clear operational rules and standards, including, but not limited to, staff training, security, screening of clients, mechanisms to address loitering, management of outdoor areas, and opportunities for training, counseling, and treatment programs for residents.

(b)

Maximum number of beds. The Emergency shelter shall limit the number of beds available nightly to 35, unless a greater number of beds is allowed as a condition of approval to the use's conditional use permit.

(c)

Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

(d)

Client intake area. The client intake area shall be not less than 500 square feet in total floor area.

(e)

Outdoor activity. For purposes of noise abatement and neighborhood compatibility, outdoor activities on site are limited to the hours of 9:00 a.m. to 9:00 p.m.

(f)

Length of stay. An emergency shelter client may not stay at the facility for more than 180 consecutive days.

(g)

Location.

(i.)

The shelter shall be located at least 1,000 feet, as measured from property line to property line, from another emergency shelter.

(ii.)

The emergency shelter must be located within one-half mile of a bus stop or transit station.

(h)

Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.

(i)

Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees. On-site supervisorial personnel shall be provided at a minimum ratio of one staff person for every 15 beds during operational hours.

(j)

Refuse collection. Refuse collection areas shall conform to the requirements for multiple-family housing in section 90-457.

(k)

Signage. Signage identifying the name and address of the facility is required pursuant to sign standards for institutional uses in section 90-1255.

(l)

Business license. A city business license is required to operate an emergency shelter pursuant to chapter 18 of the Hemet Municipal Code.

(m)

Bathroom and laundry facilities. The emergency shelter shall provide sufficient bathroom and laundry facilities pursuant to chapter 14 of the Hemet Municipal Code.

(n)

Accessibility. The shelter must meet Americans with Disabilities Act (ADA) accessibility and adaptability requirements.

(Ord. No. 1867, § 1(Exh. A1), 8-13-13; Ord. No. 2034, § 5, 6-11-24)

The city shall not disapprove an emergency shelter, or condition approval in a manner that renders the project infeasible for development for an emergency shelter, including through the use of design review standards, unless the city makes one or more of the following findings in writing, based upon substantial evidence in the record, as required by Government Code § 65589.5(d):

(a)

The city has adopted a housing element pursuant to this article 10.6 of title 7, division 1, chapter 3 of the Government Code and:

(1)

The housing element has been revised in accordance with Government Code § 65588;

(2)

The housing element is in substantial compliance with Article 10.6 of Title 7, Division 1, Chapter 3 of the Government Code; and

(3)

The city has met or exceeded the need for emergency shelter, as identified pursuant to Government Code § 65583(a)(7).

Any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code § 65008. Any disapproval or conditional approval pursuant to this section shall be in accordance with applicable law, rule, or standards.

(b)

The emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this subsection, the term "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the

date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

(c)

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.

(d)

The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

(e)

The emergency shelter is inconsistent with both the city's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the city has adopted a revised housing element in accordance with Government Code § 65588 that is in substantial compliance with article 10.6 of title 7, division 1, chapter 3 of the Government Code.

(Ord. No. 1867, § 1(Exh. A1), 8-13-13)

Secs. 90-306—90-310. - Reserved.