TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director
1. Subject
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Public Hearing to consider an ordinance amending Title 17 of the Orange Municipal Code to update homeless shelter regulations and definition and finding of CEQA exemption.
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2. Summary
The proposed ordinance updates provisions in the Orange Municipal Code related to homeless shelters in a manner that acknowledges the different service needs of un-housed families and un-housed individuals. Revisions also include an update to the Code definition of Homeless Shelter.
3. Recommended Action
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1. Conduct and close Public Hearing.
2. Adopt Planning Commission Resolution No. 20-24. A Resolution of the Planning Commission recommending that the City Council approve an ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code regarding homeless shelter regulations.
3. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305.
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4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.08.020 authorizes the Planning Commission to review and make a recommendation to the City Council on Zoning Ordinance amendments.
5. project background
In recent years the City of Orange has engaged extensively in addressing the needs of the community’s un-housed population. While there are land use accommodations for homeless shelters in the Zoning Ordinance, the city has also engaged in a range of services and support activities including providing a location and financial support for the HUB Homeless Resource Center, financial support for navigation centers in Buena Park and Placentia, provided dedicated staff in the Police Department’s Homeless Engagement, Assistance & Resource Team (HEART), collaborated with the County of Orange on establishing the Be Well facility, and provided financial assistance to the HomeAid Citrus Family Shelter. Through this varied engagement with homeless issues and services, the need to refine operational criteria for homeless shelters has become apparent to enable service providers to better address the needs of their clients. Those opportunities to create a stronger alignment between the Zoning Ordinance and operational needs of homeless shelter providers are reflected in the proposed ordinance.
6. PROJECT DESCRIPTION
The proposed ordinance represents a refinement of current code provisions that establish operating criteria for homeless shelters to acknowledge that shelters for un-housed individuals without children and those for families warrant criteria tailored to the populations each serve. Specifically, the ordinance includes the following:
• A reduction in the per person floor area requirement for families from 70 sq. ft. per individual to 70 sq. ft. per person for the first adult and 50 sq. ft. per person for additional adult or child. Children under 24 months of age would be exempt from the floor area requirement.
• Modified length of stay and hours of operations as follows:
o For shelters housing individuals the length of stay would increase from 45 to 90 nights within a 120 consecutive day period.
• New provisions addressing shelters serving families as follows:
o A new standard of 120 consecutive days (with no limitation on the number of nights) is established.
o Clients may be present at the shelter during daytime hours in the case of illness, public school holidays and seasonal breaks.
o Clients may be onsite between the hours of 2:00 p.m. and 9:00 a.m. in order for families to return to the shelter following the end of the school day.
o Reduced parking requirements from one space per six beds to one space per 12 beds.
• New provisions allowing shelter operators to let clients to occupy the facility outside of standard operation hours during periods of extreme heat/cold or inclement weather.
• A new allowance for crated pets at the discretion of the shelter operator.
In addition to the revised operational standards, the proposed Ordinance also updates the Code definition of “Homeless Shelter” to include the synonymous term “Emergency Shelter” as referenced in state law.
7. analysis and statement of the issues
The proposed ordinance has been crafted, primarily, to reflect actual orderly and effective shelter operations and to better accommodate the needs of sheltering un-housed families. Feedback from family shelter operators and service providers, along with staff observation, reveal the following challenges with the current provisions of the Code:
• The current limitations on length of shelter stay within a 120 day timeframe is not practical given the time that is typically needed for service providers to work with clients to identify a longer-term housing option, job search, or connect with other services that enable them to reach a point of greater life stability. The proposed modifications to length of stay reflect a more realistic timeframe. Additionally, the existing code does not differentiate between length of stay for individuals versus families. The code revisions provide for an un-interrupted stay in an effort to maximize stability for children.
• Periods of extreme weather are not currently addressed in the Code. The proposed ordinance provides flexibility for shelter operators to provide shelter in inclement weather.
• The current per person floor area requirement provides generous space for a family in a shelter setting. The proposed reduction in floor area per person in a family setting continues to provide a comfortable living space for a family and is also consistent with the Building Code per person floor area standard for occupancy of a bedroom. In addition to this reduction, providing a floor area requirement exemption for infants and toddlers is appropriate given the reality that young children commonly sleep with a parent in a shelter setting.
• The typical school day ends mid-afternoon leaving families with school-age children without a place to go for two or three hours before the shelter open. Oftentimes, this leaves shelter patrons passing time in their vehicles and children without a reliable space to do schoolwork. Similarly, illness, the holidays and vacation periods in the academic calendar leave families without a place for their children to go. The proposed Code revisions adjust shelter operating hours to better reflect the school day and academic calendar and instances of illness.
• It is not uncommon for un-housed individuals and families to have pets. The proposed ordinance accommodates contained pets at the discretion of the shelter operator.
• Because many un-housed families do not have a car, or those who do have one car that accommodates multiple family members, an adjustment to the parking requirement per bed for family shelters is warranted.
8. public notice
On July 25, 2024 a notice was published in the Anaheim Bulletin newspaper for a public hearing before the Planning Commission on August 5, 2024.
9. environmental review
Categorical Exemption: This action is exempt from the California Environmental Quality Act (CEQA) pursuant to, but not limited to, State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations) because it consists of minor adjustments to operational criteria and the definition of homeless shelters. For this reason, no further CEQA documentation is required.
10. ADVISORY BOARD ACTION
None required.
11. ATTACHMENTS
• Attachment 1 Planning Commission Resolution No. PC 20-24 (including Draft Ordinance)
• Attachment 2 Draft Ordinance (Redlined)