Ordinance Number 994ORDINANCE NO. 994
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFY THE NOTICE OF EXEMPTION
AND APPROVE CODE AMENDMENT (CA) 11-001 TO AMEND TITLE 9 OF
THE LAND USE CODE SECTION 9-3.550 ESTABLISHING SUPPORTIVE
HOUSING FACILITIES STANDARDS FOR COMPLIANCE WITH SENATE
BILL 2.
Whereas, the Governor signed Senate Bill 2, on October 13, 2007, and
requires that Cities adopt a Supportive Housing Facilities Ordinance; and,
Whereas, the San Juan Capistrano Municipal Code Section 9-3.550 is
formed to provide supportive housing facilities procedure and development standards to
include but not be limited to location, size, area, and management; and
Whereas, the supportive housing facilities code regulations set forth
applicable standards to encourage high quality facilities that provide the necessary
housing services and do not negatively impact properties in the City; and
Whereas, the supportive housing facilities code establishes development
standards that discourage blight, clutter, and provide regulations which will reduce
negative impacts to properties in the City; and
Whereas, the City Council authorized amendment of the land use code
forming a supportive housings facilities section as required by the State Senate Bill 2;
and
Whereas, the City of San Juan Capistrano Housing Advisory Committee
conducted two (2) work sessions and researched other municipal code amendments to
satisfy Senate Bill 2 regulations, and forwarded recommendation of approval to the
Planning Commission; and
Whereas, the City of San Juan Capistrano Planning Commission
conducted one (1) work sessions to review, edit and fine tune the draft Spportive
Housing Facilities ordinance and directed staff to schedule the code amendment for
public hearing consideration; and
Whereas, the San Juan Capistrano Planning Commission conducted a
duly noticed public hearing on March 13, 2012, and approved Resolution 12-03-13-01
recommending the City Council approve Code Amendment (CA) 11-001 to amend Title
9 of the Land Use Code Section 9-3.550 establishing Supportive Housing Facilities
standards for compliance with Senate Bill 2; and
Page 1 of 4 0 994
Whereas, this project has been reviewed in accordance with the California
Environmental Quality Act and the Environmental Administrator has determined that the
project is exempt per section 15061 (b)(3) "The activity is covered by the general rule .117
that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity
is not subject to CEQA" (Section 15061(b)(3)); and,
Whereas, the City Council finds that the proposed Land Use Code
Amendment (CA) 11-001 is consistent with the goals and policies of the General Plan;
and
Whereas, the City Council finds that the proposed Land Use Code
Amendment is necessary to implement the General Plan and to provide for public
safety, convenience, and/or general welfare; and
Whereas, the City Council finds that the proposed Land Use Code
Amendment conforms with the intent of the Development Code and is consistent with
other applicable related provisions thereof; and
Whereas, the City Council finds that the proposed Land Use Code
Amendment is reasonable and beneficial at this time.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Code Amendment (CA) 11-001.
San Juan Capistrano Municipal Code Section 9-3.550 is amended in its
entirety pursuant to provisions set forth in Exhibit "A", Exhibit "B", and Exhibit "C",
attached hereto and incorporated herein.
passage.
Section 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
Section 3. City Clerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote and
against the same, in the Office of the City Clerk.
Page 2 of 4 0994
PASSED, APPROVED AND ADOPTED this 1" day of May, 2012.
LARRY KRAMAYOR
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
)SS
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 994 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 171h day of April 2012, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 1" day of May
2012,by the following vote, to wit:
L MEMBERS: Freese, Taylor, Kramer and Mayor Allevato
L MEMBERS: Reeve
L MEMBERS: None
Page 3 of 4 0 994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 20 day of April 2012, at least 5 days prior to the adoption
of the ordinance, I caused to be posted a certified copy of the proposed ordinance
entitled:
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFY THE NOTICE OF EXEMPTION
AND APPROVE CODE AMENDMENT (CA) 11-001 TO AMEND TITLE 9
OF THE LAND USE CODE SEC ION 9-3.550 ESTABLISHING
SUPPORTIVE HOUSING FACILITIESS AN�RDS FOR COMPLIANCE
WITH SENATE BILL 2. � 1
This document was posted in the Office of the
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 3rd day of May 2012, 1 caused to be posted a certified copy of Ordinance No.
994, adopted by the City Council on May 1, 2012 entitled:
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFY THE NOTICE OF EXEMPTION
AND APPROVE CODE AMENDMENT (CA) 11-001 TO AMEND TITLE 9
OF THE LAND USE CODE SECTION 9-3.550 ESTABLISHING
SUPPORTIVE HOUSING FACILITIES STANTRDQ FOR COMPLIANCE
WITH SENATE BILL 2.
This document was posted in the Office of the City
MARIA M
San Juan
Page 4 of 4 0 994
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Sec. 9-3.550. Supportive Housing Facilities
(a) Purpose and intent. The City finds and determines that the purpose and intent of this
section is to provide appropriate areas within the City to locate supportive housing
facilities that may include transitional housing, emergency homeless shelters, and/or
accommodate a year-round emergency homeless shelter; and as required by Senate Bill
No. 2.
(b) Applicability. The requirements of this section apply to all Supportive Housing, as
defined in Appendix A- Definitions.
(c) Development standards. Emergency shelter establishments shall comply with all
development standards set forth in Section 9-3.307 Public and Institutional District, as
well as the following development standards:
(1) Capacity. No more than one bed per 250 square feet of gross building space.
(2) Off-street parking. Unless otherwise provided herein or in applicable land use
regulatory documents, off-street parking shall be provided at the rate of one (1)
space for each three (3) beds. The design and location of entrances and off-street
parking shall be consistent with the provisions of Section 9-3.535 Parking.
(3) Size and Location of Onsite Waiting Areas and Client Intake Areas. An Onsite
Waiting Area must be clearly identified for all clients. The waiting area is to be no
larger than two (2) square feet for every one (1) bed provided. The waiting area is
to be screened from all public right of way areas with landscaping to the extent
feasible. The Client Intake Area shall be located directly adjacent to the Onsite
Waiting Area.
(4) Onsite Management. Prior to the issuance of a certificate of occupancy for
supportive housing, submittal of a written agreement between the City and the
operator of the housing units addressing all of the following:
A. The provision of on-site management during all hours of operation, to oversee
Page 1 of 3
the housing facilities.
B. Hours of operation shall be limited, based on the scope of services to be
provided, and identified in a management plan.
C. An individual or individuals who do not utilize the homeless beds and/or other
services and who maintain(s) their own off-site residence may serve as an on-
site manager(s). At least one such manager shall be on-site during all hours of
operation and are required to be accompanied by one (1) supporting staff
member (an individual hired or contracted by the operator who does not utilize
the homeless beds and/or other services, who maintains their own off-site
residence). There shall be at least one (1) supporting staff member for every 20
beds, or fraction thereof in the facility.
D. At a minimum, one (1) manager shall be on site during all hours of operation, and
one supporting staff member shall be available in each segregated populated
sleeping section.
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E. Establishment and on-going enforcement of written rules of conduct for residents,
including the prohibition of alcohol and illegal activities.
F. Strategic Plan for handling complaints or concerns from neighboring properties.
G. No loitering of facility residents and others near the housing units and/or in
adjacent neighborhoods.
H. Implementation of a security plan with appropriate security measures as
approved by the Chief of Police or designee.
I. The provision of counseling, vocational, and other supportive services to
residents.
J. On-going maintenance of structures and landscaping.
K. Availability of the operator to meet with City officials to resolve complaints.
(5) Proximity to Existing Emergency Shelter Facilities. In no event shall an emergency
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shelter be established within 200 feet of an existing emergency shelter.
(6) Client Length of Stay. No client shall be allowed to stay more than 180 consecutive
days in a year or 240 overall days within any 12 month period of time.
(7) Lighting. Lighting shall be consistent with the provisions of Section 9-3.529(b)(1)(B)
Lighting Standards for Enhanced Security Areas.
(d) Public health requirements.
(1) Health permit. Supportive housing facilities, operating without any food services,
shall be required to comply with the applicable Orange County Health Care Agency
provisions and secure any necessary permits prior to Certificate of Occupancy.
Kitchens of supportive housing facilities without food services shall meet all
applicable Orange County Health Department provisions, but shall not be
remodeled into a commercial kitchen.
(2) Fire and life safety. Sleeping sections or rooms shall be provided with a smoke
detector, hand-held fire extinguisher, and evacuation plan subject to the review of
the Orange County Fire Authority. The City may require the installation of a
sprinkler system or other appropriate safety measures on the recommendation of
the Orange County Fire Authority.
(e) Other licenses and permits. Supportive housing facility ownersloperators shall obtain the
licenses and permits from the City and any others required by Federal, State, and local
laws and ordinances when applicable, including but not limited to:
(1) Business License in compliance with Municipal Code Title 3, Chapter 1 (Business
Licenses).
(2) California Department of Public Health (CDPH) Licensing and Certification Program
(L&C).
(3) The U.S. Department of Health and Human Services' Centers for Medicare and
Medicaid Services (CMS).
Page 3 of 3
Amendments to Appendix A. Definitions
Current Definition:
1�
Homeless shelter: A facility that provides sleeping accommodations and restroom
facilities to homeless persons for less than a twenty-four (24) hour stay. This term does
not include congregate meal facilities or transitional housing.
Transitional housing facility: A facility that provides temporary residential
accommodations for a specified period of time, counseling services, and other support
services for seven (7) or more individuals, in order to prepare families and individuals
for independent living. This term does not include homeless shelters or congregate
meal facilities.
Proposed Definitions:
Client Intake Area: Designated areas identified to gather or process information from
clients for the specified use or operation of the business or origination.
Emergency homeless shelter: Defined as "emergency shelter" as defined in subdivision
(e) of Section 50801 of the California Health and Safety Code: 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.
Onsite Waiting Area: Designated areas identified outside a building to contain patrons
or clients to a specified area prior to entering a facility for gathering or processing
information.
Supportive housing: Defined as "supportive housing" in subdivision (b)(2) of Section
50675.14 of the California Health and Safety Code: Housing with no limit on length of
stay, that is occupied by the target population, and that is linked to onsite or offsite
services that assist the supportive housing resident in retaining the housing, improving
his or her health status, and maximizing his or her ability to live and, when possible,
work in the community.
Supportive housing facility: Areas or facilities within the City that include supportive
housing, transitional housing, emergency homeless shelters, and/or accommodate a
one year-round emergency homeless shelter.
Transitional housing facility: A facility that provides temporary residential
accommodations for a specified period of time, counseling services, and other support
services for seven (7) or more individuals, in order to prepare families and individuals
for independent living, and as defined in subdivision (h) of Section 50675.2 of the
California Health and Safety Code: Buildings configured as rental housing
developments, but operated under program requirements that call for the termination of
assistance and recirculation of the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no less than six months. This
term does not include homeless shelters or congregate meal facilities.
Exhibit B
Table 3-8
Uses in Public and Institutional (P&I) District
P = Principal use permitted by right
-- = Not permitted
A = Accessory use permitted by right
(subject to Section 9-3.501, Accessory Uses
and Structures)
C = Conditional use permit required (subject
to Section 9-2.317, Conditional Use Permit)
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P&I
Notes and
Exceptions
Supportive
P
Includes
Housing
supportive
housing,
transitional
housing,
emergency
shelters, and
homeless shelters.
Subject to Section
9-3.550,
Supportive
Housing.
P = Principal use permitted by right
-- = Not permitted
A = Accessory use permitted by right
(subject to Section 9-3.501, Accessory Uses
and Structures)
C = Conditional use permit required (subject
to Section 9-2.317, Conditional Use Permit)
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