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HomeMy WebLinkAbout _ 9.2(c)--Urgency Ordinance to Establish Distance Requirements For Emergency Housing SitesC IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: February 6, 2024 FROM: Steve Bade, Assistant City ITEM NO. 9.2(c) Manager ***APPROVED BY*** n 6, 4n, tevee I S, er 1/30/2024 pi C -i art e : shade@cityofredding.org btippin@cityofredding.org SUBJECT: 9.2(c) --Consider Urgency Ordinance to establish distance between emergency housing sites within the City of Redding. Recommendation Authorize and approve the following actions: (1) Adopt, by a four-fifths affirmative vote of the City Council, an uncodified Urgency Ordinance, to immediately establish Emergency Housing Site standards for distances between properties, waive the full reading of the ordinance and read the ordinance by title only; (2) Authorize the City Attorney to prepare, and the City Clerk to publish, the summary ordinance according to law; and (3) Find that the proposed ordinance is not considered a project under the California Environmental Quality Act. Fiscal Impact This amendment to the Redding Municipal Code will not result in any fiscal impact. Alternative Action The City Council (Council) could choose to not adopt the Urgency Ordinance. In such a case, City of Redding (City) staff would assist providers with fording properties that meet the current code. Background/Analysis The crisis of unsheltered homelessness in the City is one that impacts the entire community, both those experiencing homelessness and the broader community of housed residents, businesses, and neighborhoods. Many of those unable to obtain shelter reside on the streets, in alleys and doorways, along the Sacramento River and its tributaries, and in unlawful encampments throughout the City. These individuals lack adequate sanitary facilities and are at risk from theft, crime, and extreme weather conditions, these conditions threaten the health and safety of the Report to Redding City Council February 1, 2024 Re: 9.2(c) --Urgency Ordinance to Establish Distance Requirements For Emergency Housing Sites Page 2 unsheltered population and likewise threaten the public health and safety of the public at large, contribute to a draw on public resources, and threaten the environmental health of the City's waterways. As such, at the June 15, 2021 regular Council meeting, the Council adopted Resolution 2021-077 declaring a shelter crisis pursuant to the California Shelter Crisis Law (Government Code Section 8698 et seq.). With the declaration of a shelter crisis, the City may enact the provisions of Redding Municipal Code (RMC) Section 18.17.020, which when enacted along with portions of Title 16, will allow organizations within the City to request approval from the Council to set up and operate an. Emergency Housing Site (EHS) as defined in the RMC and in Appendix O of the California Building Code. EHSs will provide low barrier, sanitary shelter to homeless persons for up to 10 months. Wrap-around supportive services will be provided to the occupants of an EHS with the goal of moving those individuals into permanent housing. RMC Section 18.17.020 strictly provides for a minimum distance of one-half mile between proposed EHSs and amending it will allow Council the flexibility to approve sites closer than what the current regulation allows. Pursuant to Government Code Section 36937, adoption of an Urgency Ordinance (amendment of RMC Section 18.17.020) requires the affirmative vote of four-fifths of the City Council. If adopted, the ordinance will become effective at 12:01 a.m. February 7, 2024. Environmental Review The passage of the proposed ordinance is not a "project" according to the definition under the California Environmental Quality Act guidelines and, therefore, is not subject to the provisions requiring environmental review. Council Priority/City Manager Goals • Public Safety — "Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." • Government of the 211t Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments ^Draft New Ordinance ^Draft Strike Out Ordinance DRAFT NEW ORDINANCE AN URGENCY ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT FROM PERMITS) RELATING TO AMENDMENT OF DISTANCE REQUIREMENTS BETWEEN EMERGENCY HOUSING SITES WHEREAS, Government Code section 36937 provides that a city council may adopt an interim ("urgency") ordinance by a 4/5ths vote of the council in order to secure the immediate preservation of the public peace, health or safety; and WHEREAS, Government Code section 36934 provides that an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting; WHEREAS, the City Council held a duly noticed public hearing on February 6, 2024, prior to the first reading of this Ordinance; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Findings The City Council of the City of Redding finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety, and adopts and finds as true and correct the following findings: The strict compliance with State and local standards or laws will prevent and hinder the mitigation of the effects of the shelter crisis. 2. The process for emergency housing sites is reserved entirely for the homeless pursuant to Government Code section 8698.4. Section 2. Title 18 (Zoning), Chapter 18.17 (Temporary Use Permits), Section 18.17.020 is amended to read as follows: 18.17.020 — Temporary uses exempt from permits. The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted: A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking. B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project. C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use. D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelve- month period, not exceeding three consecutive days each, shall be deemed a use incidental. to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones. E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption. F. Public Property. Events which are to be conducted on public property with the approval of the City, not exceeding three days in duration, subject to the findings required by Section 8.17.070. G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments. H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential properties, including temporary security trailers for a period not exceeding forty-five days. I. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, do not require a use pen -nit and are compatible with the zoning district and surrounding land uses. J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the City shall comply with the following conditions and requirements: 1. Shall be licensed per the State of California Health and Safety Code. 2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year. C. As an accessory use to an existing treatment facility, clinic, shelter, or hospital. d. As a transitional use where a clinic is proposed and under review by the City of Redding. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary health care referral needs of the community and patient population being served. Pain clinics are prohibited. 4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the Director. At the discretion of the Director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The Director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the Director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety - addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided. C. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties. d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The Director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. £ Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas. g. Duration of operations -limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the Director. h. Hours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m. Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the Director. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this title. K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements: Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license. 2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with Director approval of a site development permit. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses. 4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces. 6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m. 7. Food trucks shall maintain trash receptacles on-site and pick up any trash left on- site prior to ceasing daily operations. L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building. M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code. 1. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site. 2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council. a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria: Be situated more than five hundred feet, measured from property line to the exterior perimeter of a permitted Emergency Housing Site and from any of the following: licensed childcare center; a school providing instruction in kindergarten or any grade one through twelve, inclusive, public park, public library or youth -oriented facility as defined in Redding Municipal Code Section 6.12.010; and 2. Be situated not less than one-half mile, measured from property line to the exterior perimeter of any other Emergency Housing Site, unless otherwise approved by the City Council. Emergency Housing Sites shall be subject to the following conditions: a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five feet from all lot lines, and ten feet from all other temporary or permanent structures. b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized. C. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council. d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants. e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 p.m. and 6:00 a.m. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name, telephone number, and e-mail address must be posted and easily visible to the public. Notwithstanding the above, an. Emergency Housing Site, accommodating six persons or less, may recommend alternative on-site management criteria. g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant's shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space. i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one toilet for every fifteen occupants. k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitary manner. 1. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency Housing Site. M. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten months in any twelve-month period. 4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process. 6. Emergency Housing Sites will require site plan and design review by the City Manager prior to Council consideration. 7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this section. 9. No fee shall be charged for the review and issuance of a permit as described in this section. 10. All permits granted under this section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the City's shelter crisis declaration, or the repeal of this section, all administrative permits granted under this section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition. a. Permits issued pursuant to this section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status. b. No permit, or renewal of a permit, granted pursuant to this section shall exceed a term of one year. C. A permit granted pursuant to this section may be renewed. Unless waived in writing by the City Manager, the permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety calendar days before the expiration of the permit. 11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1. 13, 1.14 and 1.15 of the City of Redding Municipal Code. 12. Violations of this section are hereby declared to be a public nuisance. 13. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. 14. Pursuant to Government Code section 8698.4(a)(5)(C), the city manager shall, not later than July 1 st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The city manager shall also make the annual report required by Government Code section 8698.4(a)(6). Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. Section 4. California Environmental Quality Act. The passage of this Ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 5. Effectiveness. This Urgency Ordinance is necessary to protect the public health, safety and welfare and is adopted as an urgency measure pursuant to the provisions of Government Code section 36937 and shall, upon adoption by a four-fifths (4/5) vote of the City Council, become effective and in full force and effect at 12:01 a.m. on February 7, 2024. The Ordinance shall be published in full according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced, read by title only, and adopted by the City Council of the City of Redding at a regular meeting on the 6th day of February, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: SHARLENE TIPTON, City Clerk TENESSA AUDETTE, Mayor CHRISTIAN M. CURTIS, City Attorney OLD LANGUAGE: ' R4KEOU4 CK� NEW LANGUAGE: UNDERLINE E AN URGENCY ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.17 (TEMPORARY USE PERMITS), BY AMENDING SECTION 18.17.020 (TEMPORARY USES EXEMPT FROM PERMITS) RELATING TO AMENDMENT OF DISTANCE REQUIREMENTS BETWEEN EMERGENCY HOUSING SITES—AND — Temporary uses exempt from permits. The following temporary uses are allowed without a use permit subject to meeting any applicable standards and limitations established in the Redding Municipal Code, the limitations specified by this section. The following temporary uses are permitted: A. Charitable Events, Fundraising, and Community Events. Fundraisers and like charitable events, limited to three days each month for each sponsoring organization. Sponsorship shall be limited to religious, educational, fraternal, or service organizations directly engaged in civic or charitable efforts. Such activities shall only occur on nonresidential properties and shall not use more than ten percent of the available site parking. B. Construction Yards and Offices. On-site contractors' construction yards and offices, including manufactured or mobile units, in conjunction with an approved construction project. Yards and offices shall be removed within ten days of receiving an occupancy permit for the project. C. Emergency Shelters and Activities. During a declared emergency, temporary emergency shelters or activities shall be permitted in any zoning district provided that the facilities are approved by the City Building Official and Fire Marshal prior to use. D. Garage and Yard Sales in Residential Zones. Three garage or yard sales in any twelve- month period, not exceeding three consecutive days each, shall be deemed a use incidental to the residential use of a property. Garage or yard sales in excess of this limit shall be prohibited in all residential zones. E. Outside Displays/Seasonal and Other Sales. The temporary outdoor display/sales of merchandise in conjunction with a lawful business on the premises not exceeding four consecutive days or a total of sixteen days in any calendar year. The sales area may not reduce available parking by more than ten percent. A site development permit is required to exceed these standards. Tents are specifically excluded from this exemption. F. Public Property. Events which are to be conducted on public property with the approval of the City, not exceeding three days in duration, subject to the findings required by Section 8.17.070. G. Model Home Real Estate Sales Offices. Real estate sales offices within model homes in new residential developments. H. Seasonal Sales Lots. Seasonal sales of Christmas trees and pumpkins on nonresidential. properties, including temporary security trailers for a period not exceeding forty-five days. Similar Temporary Uses. Similar temporary uses which, in the opinion of the Director, do not require a use permit and are compatible with the zoning district and surrounding land uses. J. Mobile Medical. A special purpose commercial coach that provides medical, diagnostic and treatment services that is parked on private property subject to the land use regulations of the City shall comply with the following conditions and requirements: 1. Shall be licensed per the State of California Health and Safety Code. 2. Mobile Medical units shall not be operated from the public right of way and shall be located on a parcel meeting at least one of the following criteria; a. In zoning districts that allow clinics as a permitted use. b. In residential districts, in conjunction with health fairs, pediatric health screenings, school physicals, oral health services, limited to non-residential properties such as churches and schools and limited to twelve days per property per year. C. As an accessory use to an existing treatment facility, clinic, shelter, or hospital. d. As a transitional use where a clinic is proposed and under review by the City of Redding. Services shall be limited to licensed and accredited oral health preventative services and primary care and preventative health care programs that have an existing collaboration with a local hospital or licensed medical clinic to meet the necessary health care referral needs of the community and patient population being served. Pain clinics are prohibited. 4. Services shall not be provided without an approved Operational Plan (Plan). A Plan shall be provided by the operator for the review and approval of the Director. At the discretion of the Director, a public meeting may be scheduled for the purposes of collecting input and feedback from neighboring property owners regarding the plan. The Director shall approve, deny, or request modifications to the plan within forty-five days of receipt. The approved plan shall remain active throughout the duration of the operation and all operational requirements covered by the plan shall be complied with at all times. Modifications to the plan may be required at any time by the Director to address negative impacts on the neighboring properties. At a minimum, said plan shall contain provisions addressing the areas outlined below. a. Security and safety - addressing both on- and off-site needs. b. Loitering/trespass/noise control - with specific measures regarding operational controls to minimize, to the extent possible, trespass on private property or the congregation of clients in the vicinity of the facility during hours that services are not provided. C. Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize negative impacts to neighboring properties. d. Communication and outreach - with objectives to maintain effective, ongoing communication and response to operational issues which may arise within the neighborhood. The Director shall be provided with the name, cell phone number and email address for the on-site supervisor. e. Litter control - with the objective of providing for the removal of litter attributable to clients within the vicinity of the facility. f. Site plan - that shows the location of the vehicle, setbacks to property lines, parking lots, fire lanes and accessible paths of travel. The vehicle shall avoid blocking fire lanes and accessible paths of travel. To the extent possible, the vehicle shall be located in rear or side yards in existing paved areas. The vehicle shall not be parked in landscaped areas. g. Duration of operations - limited to no more than two days per site per week, except in cases of transitional uses, disaster relief, health fairs, and other similar cases at the discretion of the Director. h. flours of operation - shall generally be limited to 8:00 a.m. to 4:00 p.m. Special events such as blood drives and health fairs may be allowed beyond these hours at the discretion of the Director. Appeal of the determination to deny the approval of a plan or to contest the imposition of a permit requirement imposed after approval of a plan shall be made in accordance with the procedures set forth in Chapter 18.11 (Common Procedures) set forth in this title. K. Food Trucks. Commercial vehicles parked on private property from which operators sell prepared food and beverages to the public (hereafter "food trucks") shall comply with the following conditions and requirements: Food trucks shall be registered with the California Department of Motor Vehicles and shall be permitted by the Shasta County Environmental Health Division, and operators shall possess a valid City of Redding business license. 2. Food trucks shall be permitted only in zoning districts that allow full service restaurants either as a permitted use or with Director approval of a site development permit. Food trucks shall be permitted only on developed sites with existing occupied or unoccupied buildings permitted for commercial, industrial or public and semipublic uses. 4. Food trucks shall not operate for more than three hours per site per day, but may park on said sites for up to one hour prior to operating and up to one hour after ceasing daily operations. Food truck operations, including seating areas but excluding customer parking, shall not utilize more than ten percent of on-site parking spaces. 6. Food trucks shall only operate between 7:00 a.m. and 12:00 a.m., except on sites which abut Residential districts, in which case they shall only operate between 8:00 a.m. and 10:00 p.m. 7. Food trucks shall maintain trash receptacles on-site and pick up any trash left on- site prior to ceasing daily operations. L. Food Concessions. Food concessions, including hot dog stands, may be permitted when located adjacent to an existing retail building. M. Declaration of a Shelter Crisis. An Emergency Housing Facility is a facility approved by the City Council which provides short-term, temporary shelter to not more than thirty individuals using Emergency Sleeping Cabins and must conform to the definitions for Emergency Housing Site and Emergency Housing Facilities, as defined by Appendix O of the California Building Code and Appendix X of the California Residential Code. No person shall operate an Emergency Housing Site unless the City Council has declared the existence of a shelter crisis under the Shelter Crisis Law (Gov. Code sections 8698-8698.4) and issued a permit for an Emergency Housing Site. 2. Emergency Housing Sites must adhere to the Administrative Guidelines as adopted by resolution of the City Council. a. Emergency Housing Sites are not authorized or restricted in any particular zoning within the City limits, but must satisfy the following criteria: 1. Be situated more than five hundred feet, measured from property line to the exterior perimeter of a permitted Emergency Housing Site and from any of the following: licensed childcare center; a school providing instruction in kindergarten or any grade one through twelve, inclusive, public park, public library or youth -oriented facility as defined in Redding Municipal Code Section 6.12.010; and 2. Be situated not less than one-half mile, measured from property line to the exterior perimeter of any other Emergency Housing Site iso a. ') )t"oyc(i by fl -i" C H v' 3. Emergency Housing Sites shall be subject to the following conditions: a. Setbacks. Emergency Sleeping Cabins must be set back a minimum of five feet from all lot lines, and ten feet from all other temporary or permanent structures. b. Screening. Emergency Housing Sites must provide screening, as determined by the City, so that the viewshed from adjacent public or private property is minimized. C. Paving. All surfaces within the footprint of the Emergency Housing Site must have a hard surface consisting of asphalt concrete paving, concrete, masonry block or other similar material unless otherwise specifically approved by the City Council. d. Potable water. The operator of the Emergency Housing Site must provide potable water for all occupants. e. Hours of operation and quiet hours. The Emergency Housing Site must always be accessible for registered occupants. Regular hours for occupant intake and discharge must be posted. The Emergency Housing Site manager shall enforce quiet hours between 10:00 p.m. and 6:00 a.m. f. On-site personnel. A manager must be on-site when occupants are present and during normal operating hours. The manager's area shall be located near the primary entrance to the facility. The manager's name, telephone number, and e-mail address must be posted and easily visible to the public. Notwithstanding the above, an Emergency Housing Site, accommodating six persons or less, may recommend alternative on-site management criteria. g. Lighting. Pedestrian pathways and parking lots must be well lit. Lighting must be designed, located, or screened so that it is not directly visible from any participant's shelter unit. Any illumination must not produce glare or reflection for occupants of neighboring buildings or on public streets. h. Waiting area and common space. The Emergency Housing Site must provide a waiting area and common space. i. Personal storage. Occupants must be provided a safe and secure place to store personal property sufficient to accommodate all such property not reasonably subject to stowage in the Emergency Sleeping Cabin. j. Restrooms. The Emergency Housing Site must have a minimum of one toilet for every fifteen occupants. k. Sanitation. The Emergency Housing Site must be maintained in safe and sanitary conditions and free of vermin, vectors, and matter of an infectious or contagious nature. The Emergency Housing Site must be kept clean and free of debris, filth, garbage, and deleterious matter. All garbage and food waste must be deposited in covered receptacles which are emptied when necessary and when full, and the contents disposed of in a sanitary manner. 1. Water Meter. A lot or parcel with an Emergency Housing Site may be allowed to use an existing metered water service connection of an adjoining lot to provide water service for the Emergency Housing Site. The owner of the adjoining lot must consent, in writing, to the use by the Emergency Housing Site and must install backflow protection compliant with City standards at the City point of service. The owner of the adjoining lot served by the existing water service connection shall be liable for all rates, charges, and fees for the water service furnished to the existing water service connection and used by the Emergency Housing Site. In. Length of Stay. Residents of an Emergency Housing Site may not stay more than ten months in any twelve-month period. 4. Operators and occupants of Emergency Housing Sites that receive and comply with a permit issued under this Section are exempt from the provisions of Chapter 10.40 of the City of Redding Municipal Code. 5. An Operational Plan for the Emergency Housing Site must be developed in accordance with the Administrative Guidelines for Emergency Housing Sites and approved by the City Council as part of the permitting process. 6. Emergency Housing Sites will require site plan and design review by the City manager prior to Council consideration. 7. Emergency Sleeping Cabins must comply with Appendix O of the California Building Code and Appendix X of the California Residential Code as adopted by the City Council of the City of Redding. Emergency Sleeping Cabins be must be part of an Emergency Housing Site, as defined by this section. 9. No fee shall be charged for the review and issuance of a permit as described in this section. 10. All permits granted under this section remain in effect only during a shelter crisis, as declared by resolution of the City Council. Upon the expiration or repeal of the City's shelter crisis declaration, or the repeal of this section, all administrative permits granted under this section expire and all permit holders must immediately cease operations and return the Emergency Housing Site to its previous condition. Aa. Permits issued pursuant to this section are not property, they have no value, do not create vested rights, and cannot confer nonconforming status. Bb. No permit, or renewal of a permit, granted pursuant to this section shall exceed a term of one year. Gc. A permit granted pursuant to this section may be renewed. Unless waived in writing by the City Manager, the permittee must provide notice to the City Manager of its intent to apply for renewal at least ninety calendar days before the expiration of the permit. 11. In addition to any other remedy allowed by law or equity, any person who violates a provision of this section is, without prejudice to the exercise of other remedies in law or equity, subject to enforcement in the manner described in Chapters 1. 13, 1.14 and 1.15 of the City of Redding Municipal Code. 12. Violations of this section are hereby declared to be a public nuisance. 13. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other remedy for the purpose of enforcing the provisions hereof. 14. Pursuant to Government Code section 8698.4(a)(5)(C), the City Manager shall, not later than July 1 st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis, if declared, which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The City Manager shall also make the annual report required by Government Code section 8698.4(a)(6).