Chapter 12-53 — EMERGENCY SHELTERS

This chapter provides for emergency shelters pursuant to Government Code Section 65583 , and in conformance with State of California Health and Safety Code Section 50800-50806.5 as administered by Department of Housing and Community Development under the State of California Emergency Housing and Assistance Program and funded by the State Treasury Emergency Housing and Assistance Fund, as those sections now exist and may hereafter be amended. (Ord. 2013-04, eff. 6/6/13)

The purpose of this chapter, in accordance with Government Code Section 65583(a)(4) , is to encourage and facilitate the establishment of emergency shelters according to objective standards, which will assure that emergency shelters are compatible with the surrounding neighborhood and do not create a public nuisance. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any building or use which violates any City ordinance or any statute of the State of California regarding public nuisances and health and safety, including but not limited to applicable Fire and Building codes. (Ord. 2013-04, eff. 6/6/13)

"Eligible organization" means an agency of local government, or a nonprofit corporation, that provides or contracts with community organizations to provide emergency shelter, and receives grant funding under the Emergency Housing and Assistance Program as administered by the California Department of Housing and Community Development.

"Emergency shelter" means housing with minimal supportive services for homeless persons, and where occupancy by any one homeless person is limited to six months or less within a 12 month period.

"Responsible party" means any individual, business or entity that is obligated to assure that an emergency shelter complies with the requirements of this Chapter.

"Successful application" means a submission to the California Department of Housing and Community Development that has resulted in an award of Emergency Housing and Assistance Program grant funding pursuant to State of California Health and Safety Code Sections 5080050806.5 and Title 25, Section 7967 of the California Code of Regulations, "Grant Selection Process." (Ord. 2013-04, eff. 6/6/13)

Emergency shelters may be established as a permitted use in the CPO and PF zoning districts. Emergency shelters shall be permitted in the CC, C-1, and C-2 zoning districts subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Emergency shelters shall be subject to the standards of this Chapter, and the development and management standards of those districts contained in this title where emergency shelters are identified as a permitted use. (Ord. 2013-04, eff. 6/6/13)

Any person who establishes, manages or provides security for an Emergency shelter shall be a responsible party as defined in this Chapter.

• (a) Prior to establishing an emergency shelter in a CPO or PF district, a responsible party shall submit documentation to the Community Development Department that the emergency shelter meets each of the following criteria:

  • (1) Proximity to other emergency shelters. The emergency shelter shall not be located on a property within a 300 foot radius of an existing emergency shelter property. The required distance for proximity to other shelters shall be measured using a straight level line, without regard to intervening structures or objects, as follows: The measurement shall start at the closest point of the exterior boundary of the subject emergency shelter property. The measurement shall end at the closest point on the other emergency shelter's exterior property boundary.

  • (2) Maximum number of persons/beds. The emergency shelter shall contain a maximum of 40 beds and shall shelter no more than 40 persons.

  • (3) Off-street parking. Emergency shelters shall provide 1 parking space for every 10 beds, or 1 space for each residential unit, whichever is greater, plus 1 space for each person staffing the shelter.

  • (4) Lighting. Emergency shelters shall provide external lighting as follows:

    • (A) The lighting shall be stationary and directed away from adjacent properties and public rights-of-way.

    • (B) The lighting shall consist of low intensity, fully shielded, downward directed fixtures, placed uniformly throughout the site to reduce contrast between shadows and illuminated areas.

    • (C) A minimum average maintained 0.5 foot-candles shall be maintained throughout the site. Light or glare exceeding 0.5 foot candle shall not be transmitted or reflected to surrounding properties or streets.

  • (5) Size and location of exterior and interior on-site waiting and client intake areas. Emergency shelters shall provide on-site waiting and client intake areas. These areas shall either be located internal to the structure, or shall be a designated area fully screened from view of the public right-of-way and neighboring properties.

  • (6) On-site management. Emergency shelters shall be managed onsite by individuals designated by an eligible organization, as defined in this Chapter. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include a copy of the eligible organization's successful application, as defined in this Chapter, and shall include the name and contact information of the individuals designated by the organization to provide onsite management.

  • (7) Length of stay. Emergency shelters shall limit each individual's stay in the shelter to no more than 6 months in a 12-month period.

• (8) Security. Emergency shelters shall provide at least one on-site supervisor at all times to address and resolve security issues. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include the name and contact information of the individuals or company providing on-site security.

• (b) Following the establishment of an emergency shelter, the onsite management company, individual managers, and, as to subparagraph (8), the on-site security supervisor, shall be responsible parties for maintaining the standards set forth in this section.

• (Ord. 2013-04, eff. 6/6/13)

CHAPTER 12-55. SHOPPING CART CONTAINMENT REGULATIONS

The following words and phrases as used in this Section shall have the meanings ascribed to them, unless otherwise noted:

"Abandoned shopping cart" means a shopping cart located outside the store premises of the business establishment which furnishes the shopping cart for use by its patrons.

"Cart containment plan" means the method(s) a shopping cart owner proposes to implement to prevent more than three shopping carts from being removed from store premises during any 24-hour period over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day.

"Cart loss threshold" means three shopping carts that have been removed from store premises.

"Effectively contained or controlled" means that no more than three shopping carts are removed from store premises (cart loss threshold) over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day.

"Shopping cart" means any basket, platform, or similar device of any size, mounted on wheels or a similar device, including parts thereof, provided by a store operator for the purpose of transporting goods of any kind on the store premises of that business establishment. This definition shall include laundry carts provided by owners and operators of laundry facilities, such as Laundromats.

"Shopping cart owner" means the owner and/or the tenant of the store premises, and their officers, employees, contractors and agents.

"Store premises" means the area within the business establishment and any lot area, maintained and managed by the business, that may include the building, parking lot, loading areas, and adjacent driveways and walkways, and where the business' shopping carts are utilized. (Ord. 2017-13 § 1, eff. 9/14/17)

• (a) All shopping carts shall be effectively contained or controlled within the boundaries of the store premises.

• (b) Any shopping cart owner who fails to effectively contain or control shopping carts within the cart loss threshold shall be subject to the issuance of a Notice of Violation. Within 30 days from the date written on the Notice of Violation, shopping cart owner shall submit an application for an administrative use permit pursuant to Santa Maria Municipal Code Section 12-35.101 . The application shall include a cart containment plan that shall describe one or more shopping cart containment methods that will be implemented that will result in the achieving the cart loss threshold (i.e., the loss of no more than three shopping carts removed from store premises over a 24 hour period, between the hours of 12:00 a.m. and 11:59 p.m. the following day). Cart loss above the cart loss threshold shall be based upon available documentation, including, but not limited to, field observations by Code Compliance, City Rangers, and/or Police Officers.

• (c) Upon request by the Zoning Administrator after submission of a cart containment plan, a shopping cart owner shall provide information concerning shopping cart use, loss and recovery specific to that business location, and such other information deemed reasonable by the Zoning Administrator to determine the adequacy of the shopping cart containment system or control method.

• (Ord. 2017-13 § 1, eff. 9/14/17)

• (a) Any abandoned shopping cart(s) in excess of the cart loss threshold shall be a violation of this Chapter, and subject shopping cart owners that have previously received a Notice of Violation and obtained an administrative permit for a cart containment plan, pursuant to Section 12-55.02 to the penalties provided for in Section 12-55.06 .

• (b) Except as provided in subdivision (c), individuals in possession of shopping carts that have been removed from store premises, or responsible for removing shopping carts from store premises, shall be subject to prosecution pursuant to California Business & Professions Code Section 22435, et seq.

• (c) Any shopping cart(s) removed from store premises for the purposes of cart maintenance, transfer of ownership, or disposal, or with the express written permission of the cart owner (e.g., for use as part of a charitable fundraising or community wide event such as a parade or food drive) is not a violation of this Section.

• (Ord. 2017-13 § 1, eff. 9/14/17; Ord. 2018-02 § 7, eff. 4/5/18)

• (a) All shopping cart owners shall post a sign made of permanent, weather-resistant materials, not less than 18 inches in width and 24 inches in height with block lettering not less than 1/2 inch in width and two inches in height, in a conspicuous place on the building within two feet of all customer entrances and exits stating, at a minimum, the following:

REMOVAL OF SHOPPING CARTS FROM THE PREMISES IS PROHIBITED BY LAW.

B & P CODE SECTION 22435.2

• (b) Shopping carts located on public property outside of store premises, which do not meet the signage requirements specified in Business & Professions Code Section 22435.1, shall be considered "camping paraphernalia" as defined in Santa Maria Municipal Code Section 61.02(b )(3) and a violation of Santa Maria Municipal Code Section 6-1.02(d) . Such carts may be immediately impounded by any Police Officer or City Ranger.

• (Ord. 2017-13 § 1, eff. 9/14/17)

This Chapter is not to be construed as the exclusive regulation of wrecked, dismantled, or abandoned shopping carts within the City. It shall supplement and be in addition to other regulations, codes, statutes, and ordinances heretofore or hereafter enacted by the City of Santa Maria, State of California, or any other legal entity or agency having jurisdiction, including Section 22435 , et seq. of the Business and Professions Code.

(Ord. 2017-13 § 1, eff. 9/14/17)

• (a) Any owner, operator, manager, employee and/or independent contractor of a shopping cart owner violating or permitting, counseling, or assisting the violation of any of these provisions regulating shopping carts, shall be guilty of a misdemeanor; and any conviction thereof shall be punishable by a fine of not more than One thousand dollars or by imprisonment in the County

jail for not more than six months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.

• (b) Any violation of the provisions of this Chapter, including Section 12-55.03(b) , may also result in the issuance of an administrative citation pursuant to Santa Maria Municipal Code Chapter 1-9 or may subject the violator to the imposition of administrative penalties pursuant to Santa Maria Municipal Code Chapter 1-8 , in addition to any other legal remedy, including injunctive relief and the imposition of civil penalties pursuance to Santa Maria Municipal Code Section 1-6.03 .

• (Ord. 2017-13 § 1, eff. 9/14/17; Ord. 2018-02 § 7, eff. 4/5/18)