Montclair Municipal Code Ch. 11.37 Emergency Shelters and Single-Room Occupancy Lodging Facilities

The purpose of this chapter is to identify locations where emergency shelters and single-room occupancy lodging facilities ("SROs") may locate in the City and to provide development standards to facilitate their development. The City Council finds that these types of supportive housing units are different in so many respects from other types and forms of development as to require a specialized set of regulations.

(Ord. No. 14-944, § 1, 9-15-14)

As used in this chapter:

Emergency shelter shall have the same meaning as that term defined in California Health and Safety Code Section 50801, which currently is defined 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.

Single-room occupancy (SRO) lodging facilities means any building containing five or more guestrooms or units intended for or designed to be used, rented, and occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units shall lack either cooking facilities or individual sanitary facilities or both. For purposes of this definition, an SRO does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.

(Ord. No. 14-944, § 1, 9-15-14)

A. Permitted locations. Emergency shelters shall be permitted "by-right" in the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan.

B. Development standards. The development standards for emergency shelters shall be governed by those outlined in Chapter IV ("Development Regulations") for the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan, except that the following specific standards shall apply to emergency shelters:

1. The maximum number of persons that may be served by an emergency shelter on a nightly basis shall be 20. Community sanitary facilities shall be provided in a location, design, and capacity to the satisfaction of the Building Official.

2. Room Sizes. Living spaces intended to be occupied by persons needing shelter shall be between 150 and 300 square feet in area, exclusive of closets or storage areas.

3. Access. Each living space or room within the emergency shelter shall be accessed exclusively from the interior of the building. No direct access to the exterior of the building shall be permitted from any private living space.

4. Resident Intake/Waiting Areas. Emergency shelters shall provide a client intake area of at least 150 square feet in area and located entirely within the interior of the building.

5. Parking. Emergency shelters shall provide a minimum of one parking space per bed provided.

6. Lighting. The exterior illumination level around the building perimeter and in the parking lot shall be maintained at a minimum of one foot-candle at grade during all hours of darkness.

7. Open space/Recreation Area. If an emergency shelter desires to provide an area for rest, relaxation, or recreation on the exterior of the building, it shall be located outside of any front yard or street side yard setback and shall be fenced at a height of six feet and in a manner to provide a solid screen as viewed from any adjacent public right-of-way or adjacent property. The preferred access to such an area is directly from the interior of the building in order to provide a safe, secure area for residents of the emergency shelter.

8. Proximity to other emergency shelters. No emergency shelter shall be located within 300 feet of another emergency shelter.

C. Operational Standards.

1. Prior to commencing operation, an emergency shelter provider shall prepare a written management and operations plan and submit it to the City for review and approval by the Community Development Director and Police Chief. The management and operations plan shall include, without limitation, hours of operation; staffing levels; provisions for staff training; resident identification process; maximum length of stay; neighborhood outreach; policies regarding pets; the timing and location of outdoor activities; temporary storage of residents' personal belongings; safety and security; loitering control; management of outdoor areas; screening of residents to ensure compatibility with services provided at the shelter; and training, counseling, and social service programs for residents, as applicable. Emergency shelters shall provide on-site management on a 24-hour per day basis at all times when a shelter is open for business.

2. A minimum of one uniformed, licensed, and bonded security guard shall be provided on-site from dusk until dawn each day when the shelter is open for business or is occupied by at least one resident. Security guards shall comply with Section 7580 et seq. of the California Business and Professions Code.

3. The maximum stay at an emergency shelter for an individual, couple or family shall be 180 consecutive days.

(Ord. No. 14-944, § 1, 9-15-14)

A. Permitted Locations. Single-room occupancy ("SRO") lodging facilities shall be permitted in the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan subject to approval of a Conditional Use Permit by the Planning Commission.

B. Development Standards. The development standards for SROs shall be governed by those outlined in Chapter IV ("Development Regulations") for the "BP" (Business Park) land use district of the Holt Boulevard Specific Plan, except that the following specific standards shall apply to SROs:

1. Number of Units. An SRO lodging facility shall have a minimum of five units and a maximum of 30 units.

2. A maximum of two persons may occupy any single SRO unit.

3. Unit sizes. The living space of each SRO unit shall be between 150 and 300 square feet in area, exclusive of closets or storage areas.

4. Kitchens and Bathrooms. Either a kitchen or bathroom may be provided in an SRO unit, but no individual unit shall contain both.

5. Community cooking and/or sanitary facilities shall be provided in a location, design, and capacity to the satisfaction of the Building Official.

6. Access. Each unit within the SRO shall be accessed exclusively from the interior of the building. No direct access to the exterior of the building shall be permitted from any SRO unit.

7. Resident Intake/Waiting Areas. Emergency shelters shall provide a client intake area of at least 150 square feet in area and located entirely within the interior of the building.

8. Common Areas. A minimum of 50 square feet per unit of indoor common areas shall be provided for the use of SRO residents, except that any SRO lodging facility shall provide a minimum of 400 square feet of indoor common area. The required square footage shall be exclusive of storage rooms, closets, laundry areas, common kitchens, dining areas, sanitary facilities, and hallways. If outdoor common areas are provided, the square footage of such areas shall not be counted as a credit toward the required indoor common areas.

9. Laundry Facilities. Community laundry facilities consisting of at least one washer and one dryer shall be required for every 10 SRO units or fraction thereof. If the SRO facility is multiple stories, washers and dryers shall be provided on each floor based on the number of SRO units on that floor at the ratio stated herein.

10. Parking. SRO facilities shall provide a minimum of one parking space per unit.

11. Lighting. The exterior illumination level around the building perimeter and in the parking lot shall be maintained at a minimum of one foot-candle at grade during all hours of darkness.

12. Open Space/Recreation Area. If an SRO lodging facility desires to provide an area for rest, relaxation, or recreation on the exterior of the building, it shall be located outside of any front yard or street side yard setback and shall be fenced at a height of six feet (6'-0") and in a manner to provide a solid screen as viewed from any adjacent public right-of-way or adjacent property. The preferred access to such an area is directly from the interior of the building in order to provide a safe, secure area for residents of the SRO facility.

13. Separation. No more than one SRO development shall be permitted within a radius of one-quarter mile (1,320 feet) of another SRO development.

C. Operational Standards.

1. Prior to issuance of a certificate of occupancy, the SRO operator shall submit a management plan to the City for review and approval by the Community Development Director and Police Chief. The management plan shall address operations, safety and security, and building maintenance.

2. SRO lodging facilities shall provide on-site management on a 24-hour per day basis at all times when the facility is open for business. The management shall be solely responsible for the enforcement of all rules reviewed and approved by the City as part of the Conditional Use Permit.

3. A minimum of one uniformed, licensed, and bonded security guard shall be provided on-site from dusk until dawn each day when the shelter is open for business. Security guards shall comply with Section 7580 et seq. of the California Business and Professions Code.

4. Affordability Requirements. The owner/operator of an SRO lodging facility shall execute a deed restriction to the satisfaction of the City Attorney ensuring the facility complies with Section 65580 et seq. of the California Government Code regarding affordability.

(Ord. No. 14-944, § 1, 9-15-14)