Poway Municipal Code Art. VII Homeless Shelters

It is the goal of the City to provide adequate and appropriate housing opportunities for the needs of, and affordable to, all residents. The purpose of this article is to implement the Housing Element of the General Plan and implement Section 65583 of the California Government Code, which requires the City to provide the ability to accommodate at least one year-round shelter for the unsheltered homeless population of Poway.

(Ord. 805 § 3, 2017)

“Homeless”

means any of the following:

A.

An individual or family who lacks a fixed, regular and adequate nighttime residence, meaning:

An individual or family with a primary nighttime residence that is a public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State or local government programs for low-income individuals; or

An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or in a place not meant for human habitation immediately before entering that institution;

B.

An individual or family in imminent danger of losing their primary nighttime residence; provided, that:

The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

No subsequent residence has been identified; and

The individual or family lacks the resources or support networks (e.g., family, friends, faith-based or other social networks) needed to obtain other permanent housing;

C.

Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:

Are defined as homeless under any State or Federal act, statute or regulation;

Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of the application for homeless assistance;

Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and

Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence, childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (“GED”), illiteracy, low English proficiency, a history of incarceration, or detention for criminal activity, and a history of unstable employment; or

D.

Any individual or family who:

Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life threatening conditions that relate to violence against the individual or a family member, including a child, which has either taken place within the individual’s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

Has no other residence; and

Lacks the resources or support networks (e.g., family, friends, faith-based or other social networks) to obtain other permanent housing.

“Homeless shelter”

means residential units managed by an agency whose primary purpose is to provide temporary shelter and social services for families and/or individuals who are homeless or have been involuntarily displaced from their previous residence.

(Ord. 805 § 3, 2017)

A. Homeless shelters shall only be considered in the residential apartment (RA) zone.

B. A homeless shelter may be granted in compliance with this article without the need for approval of a discretionary permit by the City.

C. Nothing in this article shall be interpreted to require the City to waive or reduce development or building fees associated with the granting of approval of a homeless shelter.

(Ord. 805 § 3, 2017)

Permitted land uses include those listed in the land use matrix in the PMC as permitted, accessory or conditional in the underlying zone district. Homeless shelters are considered a permitted use in the RA zone only. Subject to the approval of the Director of the Development Services Department, accessory uses are permitted that are complementary to, and can exist in harmony with, a residential apartment development, and are consistent with the uses and requirements set forth in Chapter 17.08 PMC as they relate to the RA zone.

(Ord. 805 § 3, 2017)

The purpose of these standards is to ensure the development of homeless shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, while providing for the housing needs of a needy segment of the community. Unless otherwise specified, homeless shelters shall follow the development standards of the RA zone.

A. Qualifications. The applicant shall be a qualified agency with knowledge, understanding, and demonstrable experience in the operation and management of a homeless shelter.

B. Management Plan. The applicant shall prepare and submit for approval to the City a written management plan including, as applicable, provisions for staff training; neighborhood outreach; security; screening of tenants to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for tenants; and the tenant’s ability to transport, or have access to public transportation to those locations where off-site services are provided.

C. Client Screening. The applicant shall establish a screening process to ensure that proposed tenants meet the minimum qualifications as homeless as defined in PMC § 17.26.790.

D. Maximum Client Stay. Tenants shall be limited to a maximum stay of no more than six months.

E. Maximum Unit Density. Homeless shelters shall be subject to the underlying zoning district’s maximum unit density standard regarding units per acre. The total number of beds in all shelters shall not exceed twice the number of homeless people living in the City of Poway as identified in the most recent San Diego County Regional Task Force for the Homeless annual count.

F. Property Maintenance. The applicant shall ensure that the facility is clean and litter free at all times. The grounds shall be landscaped with materials that are compatible with the surrounding neighborhood, and maintained in a trim- and weed-free state. The structure shall be painted and maintained such that it is compatible with structures existing in the surrounding neighborhood.

G. Shelter Operation. The buildings used to shelter the homeless shall comply with City, County and State building, fire and health codes, and must be maintained in a safe and sanitary condition at all times.

H. Intake Areas. The design of the facility shall denote the size and location of exterior and/or interior waiting and intake areas, if any.

I. Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the tenants and staff:

1. Central cooking and dining rooms(s);

2. Recreation room;

3. Counseling center;

4. Child care facilities; and

5. Other support services.

J. Parking. Parking requirements shall be based on a demonstrated need and approved by the City and shall use, at a minimum, those standards identified for the RA zone.

K. 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, be of an intensity compatible with the neighborhood, and consistent with PMC § 17.08.220(L).

L. Laundry Facilities. Adequate laundry facilities or services shall be provided to serve the number of tenants within the facility. The number of washers and dryers shall be consistent with the ratio required by the RA zone.

M. Noise. Noise levels shall be regulated by provisions contained within the City of Poway noise ordinance.

N. Outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

O. Shelters should be situated in close proximity to, and have convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property.

P. Concentration of Uses. No more than one homeless shelter shall be permitted within a radius of 300 feet from another such shelter.

(Ord. 805 § 3, 2017)

Residential projects developed under the provisions of this chapter shall be designed and processed in the time and manner set forth below.

A. General Guidelines. Homeless shelters proposed under this article:

1. Shall be comparable in the number of bedrooms, exterior appearance and overall quality of construction with surrounding apartment complexes and/or residences;

2. Shall be of good quality and be consistent with contemporary building standards for new housing;

3. Shall be built in conformance with the current building codes, including energy efficiency;

4. Shall be designed to be aesthetically pleasing and consistent with the City’s architectural and design standards referenced in the Poway General Plan and any relevant specific plan; and

5. Shall incorporate adequate security measures within the structure, parking lot and outdoor areas, such as appropriate fencing and cameras deemed necessary to ensure the safety of the tenants and employees within the homeless shelter, visitors, and those residing in adjoining residential units or complexes.

B. Other Property Development Standards. Homeless shelters proposed under this article shall:

1. Comply with PMC § 17.08.160, Property development standards – General requirements; and

2. Comply, as appropriate, with PMC § 17.08.220 (Property development standards – Special requirement for RC and RA zones).

Conversion of an existing apartment complex, duplex, or single-family home to a homeless shelter shall be in compliance with the aforementioned development standards. With the conversion of a single-family home to a homeless shelter building, occupancy and fire codes will limit the number of tenants.

(Ord. 805 § 3, 2017)