Ordinance No. 1110488
ORDINANCE NO. 1110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 6.31.020.E, 6.31.020.S, AND 6.31.020.T,
SECTION 3.17.220.b.2.a, AND SECTION 3.17.240 OF THE CYPRESS ZONING
ORDINANCE ADDING DEFINITIONS FOR SUPPORTIVE HOUSING AND
TRANSITIONAL HOUSING; AMENDING THE DEFINITION FOR EMERGENCY
SHELTERS; ADDING TEMPORARY EMERGENCY SHELTERS TO USES EXEMPT
FROM A TEMPORARY USE PERMIT IN THE PS ZONE; AND ADDING
PERFORMANCE STANDARDS FOR EMERGENCY SHELTERS.
WHEREAS, State housing law (SB 2) requires that "supportive housing" and
"transitional housing" be permitted by right within residential zones, subject to the same
standards as other residential uses; and
WHEREAS, State housing law (SB 2) requires that zones be identified where
emergency shelters may be permitted by right, subject to standards permitted under SB 2;
and
WHEREAS, Housing Program 17 of the 2008 -2014 Housing Element of the
Cypress General Plan stipulates that the Cypress Zoning Ordinance will be amended to
add provisions for supportive housing, transitional housing, and emergency shelters as
required by State housing law (SB 2); and
WHEREAS, it is the intent of the City Council of the City of Cypress in adopting this
Ordinance to permit emergency shelters in the Commercial Mixed Use (CM) District of the
Lincoln Avenue Specific Plan area, within the Planned Community (PC) Zone, subject to
specific standards and operational criteria herein, pursuant to the authority set forth in
Government Code Section 65583(a)4(A), and to provide consistency with State statute;
and
WHEREAS, the City Council determines that adoption of this Ordinance is
consistent with the goals, policies, and objectives of the 2001 Cypress General Plan, as
amended, as well as the 2008 Housing Element Update; and
WHEREAS, a Mitigated Negative Declaration was prepared for the proposed 2009
Housing Amendments and noticed according to the requirements of tl' California
Environmental Quality Act (CEQA) guidelines. Development projects sucject to the
amended provisions would be individually analyzed for CEQA compliance on a project by
project basis; and
WHEREAS, the City Council hereby finds that the proposed Zoning Ordinance
Amendment No. 2009 -02 would not adversely affect the public health, safety or general
welfare; and
WHEREAS, a duly noticed public hearing for consideration of this Zoning9
Ordinance Amendment was held by the City Council of the City of Cypress on the 26
day of October, 2009; and
WHEREAS, the City Council of the City of Cypress considered evidence presented
at the public hearing including a staff report and public testimony; and
WHEREAS, following the public hearing and City Council discussion, a motion was
made to approve Zoning Ordinance Amendment No. 2009 -02 as proposed and stipulated
herein.
NOW, THEREFORE, the City Council of the City of Cypress does HEREBY
ORDAIN as follows:
Section 1: Section 6.31.020.E, Definitions, of the Cypress Zoning Ordinance is
hereby amended to revise the definition for Emergency Shelters to read, in its entirety, as
follows:
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"Emergency Shelters. A facility that provides immediate and short -term housing
(limited to occupancy of six months or less) and minimal supplemental
supportive services to homeless persons or families. Supplemental services may
include counseling, food, and access to social programs. No individual or
household may be denied emergency shelter because of an inability to pay
(consistent with Section 50675.14.(b). of the California Health and Safety
Code)•"
Section 2: Section 6.31.020.S, Definitions, of the Cypress Zoning Ordinance is
hereby amended to add the definition for Supportive Housing to read, in its entirety, as
follows:
"Supportive Housing. Housing with no limit on the length of stay that is occupied
by the target population, and that is linked to onsite and 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 (consistent with Section 50675.14.(b). of the California Health and
Safety Code). Supportive Housing uses shall be permitted as "Community Care
Facilities" within residential zones, subject to the same standards as other
residential uses;"
Section 3: Section 6.31.020.T, Definitions, of the Cypress Zoning Ordinance is
hereby amended to add the definition for Transitional Housing to read, in its entirety, as
follows:
"Transitional Housing. Transitional housing is temporary housing (generally
serving needs for between six months to two years) for homeless individuals or a
family who is transitioning to permanent housing. Transitional Housing
Development means buildings configured as rental housing developments, but
operating 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
(consistent with Section 50675.2.(h). of the California Health and Safety Code).
Transitional Housing shall be permitted as "Community Care Facilities" within
residential zones, subject to the same standards as other residential uses;"
Section 4: Section 3.17.220.b.2., Emergency Facilities, of the Cypress Zoning
Ordinance is hereby amended by the addition of a new subsection (a) to read, in its
entirety, as follows:
a. Temporary Emergency Shelters shall be permitted in the PS Public and
Semi - Public Zone, as an accessory to the permitted primary use during a
state or federally declared disaster response event. A temporary emergency
shelter shall be removed after such time as determined, by the Community
Development Director and the Chief of Police, that it is no longer necessary;"
Section 5: Section 3.17, Standards For Specific Land Uses, of the Cypress Zoning
Ordinance is hereby amended by the addition of a new subsection, 3.17.240, Emergency
Shelters, to read, in its entirety, as follows:
"3.17.240. Emergency Shelters.
This subsection provides standards for permanent emergency shelter facilities to
provide temporary housing for the homeless. Provisions for temporary
emergency shelters associated with disaster response are provided in Section
3.17.220.b.2.a. Temporary Emergency Facilities.
A. A single Emergency Shelter for 30 occupants, or a combination of multiple
shelters with a combined capacity not to exceed 30 occupants, shall be
allowed as a Principal Permitted Use, consistent with section 65583 (4)
(A) of the Government Code. Any larger Emergency Shelter shall meet
the minimum standards contained in herein and shall be subject to the
approval of a Conditional Use Permit consistent with Section 4.19.070 of
the Cypress Zoning Ordinance.
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B. Stays at the facility shall be on a first -come first - served basis with clients
only on -site and admitted to the facility between 6:00 p.m. and 8:00 a.m.
during Pacific Daylight Time and 5:00 p.m. and 8:00 a.m. during Pacific
Standard Time. Clients must vacate the facility by 8:00 am and have no
guaranteed bed for the next night.
C. Maximum stay at the facility shall not exceed 120 days in a 365 day
period.
D. Facility location shall be within a half mile radius from an OCTA bus stop,
as measured from the property line.
E. A minimum distance of 500 feet shall be maintained from any other
Emergency Shelter, as measured from the property line.
F. A minimum of one staff member per 15 beds shall be awake and on duty
when the facility is open.
G. Bike rack parking shall also be provided by the facility.
H. Exterior lighting shall be provided for the entire outdoor area of the site.
A waiting area shall be provided which contains a minimum of 10 square
feet per bed provided at the facility. Said waiting area shall be in a
location not adjacent to the public right -of -way, shall be visually separated
from public view by minimum 6 -foot tall visually screening mature
landscaping or a minimum 6 -foot tall decorative masonry wall, and shall
provide consideration for shade /rain provisions.
J. Any outdoor storage, including, but not limited to, items brought on -site by
clients for overnight stays, shall be screened from public view. Any
outdoor storage areas provided shall be screened from public view by
minimum 6 -foot tall visually screening mature landscaping or a minimum
6 -foot tall decorative masonry wall.
K. Facility improvements shall comply with the Cypress Municipal Code and
the most current adopted Building and Safety Code, specific to the
establishment of Dormitories and shall additionally provide:
1. A minimum of 1 toilet for every 8 beds per gender.
2. A minimum of 1 shower for every 8 beds per gender.
3. Private shower and toilet facility for each area designated for
use by individual families.
L. An Operational Plan shall be provided for the review and approval of the
Community Development Director. Plans may be required to address
additional specific needs as identified by the Director. The approved
Operational Plan shall remain active throughout the life of the facility. At a
minimum, said plan shall contain provisions addressing the topical areas
outlined below:
1. Security and safety — addressing both on and off -site needs, including
provisions to address the separation of male /female sleeping areas as
well as any family areas within the facility.
2. Loitering control — with specific measures regarding off -site controls to
minimize the congregation of clients in the vicinity of the facility during
hours that clients are not allowed on -site.
3. Management of outdoor areas — including a system for daily
admittance and discharge procedures and monitoring of waiting areas
with a goal to minimize disruption to nearby land uses.
4. Staff training — with objectives to provide adequate knowledge and
skills to assist clients in obtaining permanent shelter and income.
5. Communication and outreach with objectives to maintain good
communication and response to operational issues which may arise
from the neighborhood, City staff, or the general public.
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6. Screening of clients for admittance eligibility — with objectives to
provide first service to Cypress residents.
7. Counseling programs to be provided with referrals to outside
assistance agencies, and provide an annual report on this activity to
the City.
8. Litter control — with an objective to provide for the timely removal of
litter attributable to clients within the vicinity of the facility.
M. The facility may provide the following services in a designated area
separate from sleeping areas:
1. A recreation area either inside or outside the shelter.
2. A counseling center for job placement, educational, health care, legal,
or mental health services.
3. Laundry facilities to serve the number of clients at the shelter.
4. Kitchen for the preparation of meals.
5. Dining hall.
6. Client storage area (i.e., for the overnight storage of bicycles and
personal items).
7. Or similar services geared to homeless clients.
N. An Emergency Shelter facility shall provide the off - street parking at the
ratio of 1 per 4 beds or 1 per bedroom designated for family units with
children, plus 1 per staff member."
Section 6: The Mitigated Negative Declaration was prepared for the 2009
Housing Amendments project according to the requirements of the California
Environmental Quality Act (CEQA) guidelines. Development projects subject to the
amended provision would be individually analyzed for CEQA compliance on a project by
project basis.
Section 7: Severability. The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by
any final court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
Section 8: The City Clerk of the City of Cypress shall certify to the passage and
adoption of this Ordinance and the same shall be posted as required by law and shall take
effect as provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the
26th day of October, 2009, and finally adopted and order posted at a regular meeting held
on the 9th day of November, 2009.
ATTEST:
10e-Gu -oF.- 16(1-04trn
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
F TH F CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 9th day of November, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
4,,aaamci
CITY CLERK OF THE CITY OF CYPRESS
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