Article 2 — Emergency Shelter Regulations

The purpose of this article is to establish a nondiscretionary process for emergency shelters that will be permitted within a zoning overlay district to meet the requirements of Senate Bill 2 enacted on October 13, 2007.

(1207-CS, Rep&ReEn, 05/28/2015)

Prior to operating an emergency shelter, a nondiscretionary permit shall be obtained and all other applicable local, State, and Federal laws, regulations, and codes shall be met. The approval shall be specific to a location and shall not be transferable to any other location. The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the shelter is to be located. The permit shall be recorded on the property and shall run with the land.

(1207-CS, Rep&ReEn, 05/28/2015)

The Turlock City Council shall establish the cap on the number of beds that may be permitted under this nondiscretionary permit process. The cap shall be reviewed annually by the Turlock City Council at a formal public hearing. (1207-CS, Rep&ReEn, 05/28/2015)

• (a) Once an application has been accepted as complete, the Development Services Director or designee shall take action within thirty (30) days.

• (b) Once an application has been accepted as complete, the Development Services Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Development Services Director.

• (c) In considering an application for a permit pursuant to this section, the application shall meet all of the following standards:

  • (1) The application shall be for an emergency shelter as defined in the California Health and Safety Code .

  • (2) The property must be located within the emergency shelter zoning overlay district adopted by the Turlock City Council and located within a heavy commercial (C-H), community commercial (C-C), industrial (I), downtown industrial residential (IR), or downtown transitional commercial (TC) zoning district. In no case shall an emergency shelter permit be issued for a property located in a residential district as defined in Articles 1 and 2 of Chapter 9-3 TMC or the downtown core overlay district defined in TMC 9-4-102.

  • (3) Approving the application shall not result in the number of beds within the overlay zoning district exceeding the district cap or the property-specific cap established by the Turlock City Council pursuant to TMC 9-4-203 or 9-4-205(a), respectively.

• (d) The permit shall not be deemed to be a discretionary act within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000 ) of the Public Resources Code).

(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)

In authorizing an application for a nondiscretionary emergency shelter permit, the Development Services Director shall include as conditions of approval the following minimum provisions:

• (a) The maximum number of beds on a property shall not exceed the following levels:

  • (1) Forty (40) beds in the community commercial (C-C) and downtown transitional commercial (TC) districts;

  • (2) Seventy-five (75) beds in the heavy commercial (C-H) zoning district; and

  • (3) One hundred (100) beds in the industrial (I) and downtown industrial residential (IR) zoning districts.

(4) The number of beds shall not exceed the district cap established in TMC 9-4-203.

• (b) The development of the property shall be consistent with the General Plan; the Turlock Municipal Code including, but not limited to, this title; the Turlock Standard Specifications and Drawings; the City of Turlock design guidelines; and all other State and Federal codes, laws, and regulations. Design review required pursuant to Article 10 of Chapter 9-5 TMC shall apply and shall be performed in conjunction with review of this permit.

• (c) If located within one hundred fifty (150') feet of a residential zoning district, outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.

• (d) Adequate lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and reflected away from adjacent uses.

• (e) Off-street parking shall be provided at a rate of one (1) vehicle parking space per employee (by shift) plus one (1) vehicle parking space for every ten (10) beds. Bicycle parking shall be provided at a rate of one (1) space for every three (3) beds and shall meet the California Building Code requirements. Off-street parking within five hundred (500') feet devoted to the shelter during its operating hours by formal contractual agreement between the shelter operator and the property owner may be approved by Planning Division as satisfying the off-street parking requirement. Parking available on street along the street frontage of the property on which the shelter is located may also be counted toward satisfying the off-street parking requirement.

• (f) Adequate management, support staff, and security must be present during the hours of operation of the facility. A minimum of one (1) supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during off-hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood. A security plan shall be submitted to the Turlock Police Department for approval and must be approved before the facility begins operation and annually thereafter. If a client is socially disruptive or is responsible for creating any type of nuisance to the neighborhood or facility, the operator must discharge the client and notify the Turlock Police Department.

ng a nuisance to the neighborhood. A security plan shall be submitted to the Turlock Police Department for approval and must be approved before the facility begins operation and annually thereafter. If a client is socially disruptive or is responsible for creating any type of nuisance to the neighborhood or facility, the operator must discharge the client and notify the Turlock Police Department.

• (g) The security plan prepared under subsection (f) of this section must include the hours of operation and intake period and must provide at least one (1) employee or volunteer of the same sex as clients. Alcohol, weapons, and illegal substances shall not be allowed on the site at any time. The operator must comply with all laws and shall notify the Police Department of all crimes in accordance with the security plan.

• (h) If twenty-six (26) or more beds are included in the permit, a security guard or security officer must be provided during the intake period. If fifty-one (51) or more beds, a second security guard or security officer must be provided during the intake period. Security guards must be licensed through the State of California Department of Consumer Affairs Bureau of Security and Investigative Services.

• (i) The maximum length of stay shall be no longer than that established by the California Health and Safety Code for emergency shelters.

• (j) The shelter shall have set hours of operation and the hours shall be posted in a publicly visible and accessible location on a sign that is no larger than one (1) square foot.

• (k) Outdoor activity shall be allowed only during the hours of 8:00 a.m. to 10:00 p.m. The shelter shall comply with Chapter 5-28 TMC (Noise Standards) at all times.

• (l) Pets may be allowed on site. For purposes of this section, "pets" means dogs and cats only. All pets must be kept within an enclosed crate that shall be maintained and cleaned by the operator of the emergency shelter. All pets shall be housed within the emergency shelter and shall be leashed at all times when not housed in the crate. No limit shall be placed on the number of pets

that can be maintained. All dogs shall be properly licensed and vaccinated for parvo, distemper, bordetella, and any other applicable diseases. No unaltered pets or puppies/kittens under the age of four (4) months shall be permitted. No sick or aggressive animals shall be permitted. Pet owners and emergency shelter operators are required to dispose of animal feces as outlined in TMC 6-1-116. Each pet owner shall provide the shelter operator with the name of an emergency contact person to house the pet in the event that the owner is unable to care for the pet. All animal storage facilities will be properly cleaned daily. The shelter shall be subject to obtaining an initial permit that shall be reviewed and renewed annually. A fee shall be set by City Council resolution for the initial permit and annual compliance inspections, and may be amended from time to time.

(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)

A fee shall be paid by the applicant to cover the costs of processing and administering the nondiscretionary emergency shelter permit application. Such fee shall be set by City Council resolution, and may be amended from time to time. (1207-CS, Rep&ReEn, 05/28/2015)

An emergency shelter permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement). (1207-CS, Rep&ReEn, 05/28/2015)

The decision of the Development Services Director may be appealed as provided by Chapter 1-4 TMC (Appeals). (1207-CS, Rep&ReEn, 05/28/2015)