HomeMy WebLinkAboutOrdinance 361 - Rotating sheltersORDINANCE NO. 361
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE SECTIONS 9-15.065 (VEHICLES USED AS LIVING OR SLEEPING
QUARTERS); 15-06.251 (EMERGENCY SHELTER DEFINITION); 15-12.020 (SINGLE-
FAMILY RESIDENTIAL DISTRICTS PERMITTED USES); AND 15-19.035 (C-N(RHD)
PERMITTED USES).
The City Council of the City of Saratoga finds that:
1. The County of Santa Clara has determined that rotating emergency shelters such as safe
car parks and severe weather shelters play an important role in the progression of
providing safe places to sleep and helping connect residents to services.
2. The City Council referred the amendments to Saratoga Municipal Code Chapter 15 in
this ordinance clearly articulating that rotating emergency shelter programs are allowed
as a permitted use on residentially zoned properties designated as Community Facility
Sites in the General Plan.to the Planning Commission and the Planning Commission held
a hearing on those amendments on December 12, 2018. Following consideration of all
testimony and written materials, the Planning Commission on December 12, 2018
recommended that the City Council adopt the amendments to Chapter 15 set forth herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on January
16, 2019, and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section,
sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of 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. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 4th day of January, 2019 and was
adopted by the following vote on February 6, 2019.
AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi
Kumar, Mary -Lynne Bernald, Yan Zhao
NOES:
ABSENT:
ABSTAIN:
ebbie Brretschneider
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
SIS ED.
E. Mpello
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: Z%I 31 tA, 19
DATE: Z L ��
Exhibit A — Safe Park Ordinance
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double -underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code except in cases where it directs renumbering of
subsections not otherwise amended.
9-15.065 - Vehicles used as living or sleeping quarters.
No vehicle, including any boat, bus, trailer, motor home, recreational vehicle (as defined in
Section 15-06.535 of this Code), van, camper (whether or not attached to a pickup or other
vehicle), camp trailer, automobile, truck, pickup, airplane, haul trailer, truck tractor, truck
trailer, utility trailer, or any device by which any person or property may be propelled, moved
or drawn, shall be used for living or sleeping quarters, except as permitted below:
(al Vehicle may be u ed a living or leeping auarters at Rotating Emergency Shelter
locations meeting the conditions contained in Section 15-12.020(k) of this Code.
(b) Only one trailer, motor home, camper or recreational vehicle at a time may be used for
living or sleeping quarters on a residential property_for a total period for all of such
uses not to exceed eighteen days in one calendar year. There shall be at least fifteen
calendar day's separation between any such uses in consecutive calendar years. Upon
written request, from a City resident the property owner, the Community
Development Director, or his or her designee, the Community Development Director's
designee -may for good cause grant reasonable time extensions of this eighteen -day
limitation per calendar year, reduce the separation between uses in consecutive
calendar years, or allow continued parking and occupancy while an application or
appeal -is -pending. No such time extension may cause the calendar year limit to be
exceeded by more than an additional fourteen days unless an application has been filed
therefor and at least ten days before a decision on the application is made notice has
h a1 o o f property within three hundred feet of the r of e .,hieh
home, camper or recreational vehicle not owned by aresident of the property being
rt h 11 1 the +lie t;btai temp r,ry rking
and occupancy permit from the Community Development Director or his/her
designee.
Chapter 15 - ZONING REGULATIONS
Article 15-06 — DEFINITIONS
15-06.251— Emergency Shelter.
(a) "Emergency shelter, permanent" means a permanently operated facili that
provides people shelter with minimal supportive services for a time period not
exceeding six months per person per year.
(b) "Emergency shelter, r i , in." • , n : f , ili - , fir , 'm • s • ri i ' no
exceeding a total of three months per year per location, provides people shelter
with minimal supportive services.
Article 15-12 - R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
15-12.020 - Permitted uses
[The following subsection is added to section 15-12.020; there are no other changes.]
(k) Rotating Emergency Shelter, provided the following conditions are met:
(1) The shelter is located on a property identified as Community Facilities Site
on the City's General Plan Land Use map.
(2) The number of occupants does not exceed thirty.
(3) The hours of operation do not exceed 6:00 PM to 8:00 AM.
(4) The operational period for each property does not exceed three months
each year.
(5) An annual operational plan that has been approved by the City Manager,
or his/her designee, and the County Sheriff to be in compliance with the
City's administrative guidelines for Rotating Emergency Shelters. City
may withdraw approval in the event the plan is not being followed. A
Rotating Emergency Shelter may not operate without a City approved
annual operational plan.
Article 15-19 - C: COMMERCIAL DISTRICTS
15-19.035 - C-N(RHD) district regulations
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) and15-
19.030(a) of this Article, the following permitted uses shall also be allowed in a C-N(RHD)
district:
(1) Mixed -use development with a minimum residential density of thirty dwelling
units per net acre and conforming to the design standards found in Article 15-
58. Pursuant to Government Code Section 65583.2(i) any design review
required for such development shall not constitute a "project" under CEQA.
(2) Permanent Emergency shelters, transitional housing, single -room occupancy
buildings, and supportive housing for homeless individuals and families.
(3) Rotating Emergency Shelters meeting the requirements of section 15-
12.020(k).
[No changes to the remainder of section 15-19.0351
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