Exhibit B- MCA 21-03 - Emergency Shelter
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EXHIBIT “B”
DRAFT ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
FOR THE APPROVAL OF MCA 21-03, AMENDING ROSEMEAD
MUNICIPAL CODE SECTION 17.30.120 OF TITLE 17 (ZONING) TO
COMPLY WITH OBJECTIVE STANDARDS FOR EMERGENCY
SHELTERS.
WHEREAS, on October 13, 2007, Governor Arnold Schwarzenegger signed Senate Bill
2, which amended Government Code Section 65583 pertaining to local regulations for emergency
shelters; and
WHEREAS, on September 26, 2019, Governor Gavin Newsom signed Assembly Bill 139
which further amended Government Code Section 65583 pertaining to local regulations for
emergency shelters; and
WHEREAS, local ordinances shall be compliant with state provisions pertaining to
emergency shelters as a part of the City’s 6th Cycle Housing Element Update (2021-2029) efforts
for a certified Housing Element from the Department of Housing and Community Development;
and
WHEREAS, the City of Rosemead’s current Municipal Code conflicts with the
regulations specified in Government Code Section 65583; and
WHEREAS, amendments to Title 17 (Zoning), specifically RMC Section 17.30.120 are
necessary to update objective standards for the establishment of emergency shelters in
conformance with Government Code Sections 65583; and
WHEREAS, Section 17.152.060.B of the Rosemead Municipal Code provides the criterial
for a Zoning Code Amendment; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal Code authorizes the City
Council to approve amendments to the City’s Zoning Code;
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public
hearing and recommended approval of Ordinance No. 1002 to the City Council;
WHEREAS, on December 30, 2021, eight-hundred and fifty-one (851) notices were sent
to property owners within a 300-feet radius from the subject properties, published in the Rosemead
Reader, and posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for MCA 21-03; and
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WHEREAS, on January 11, 2021, the City Council held a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Amendment 21-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Ordinance No. 1002, in accordance with Section 17.152.060 of
the Rosemead Municipal Code (“RMC”) as follows:
A. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
FINDING: The proposed amendment is consistent with the General Plan as the purpose
of the proposed ordinance is to comply with the amended provisions of Government Code section
65583 and would update objective standards in Section 17.30.120 pertaining to capacity, location,
parking, and client restrictions for emergency shelters. In addition, as part of the City’s 6th Cycle
Housing Element Update (2021-2029), the State Department of Housing and Community
Development requires local ordinances be compliant with State provisions pertaining to
emergency shelters. The proposed amendment would not affect any applicable specific plan within
the City.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as emergency shelters are currently permitted in the
Zoning Code. The State legislature has identified that homelessness in California is a continuing
crisis that demands the effective involvement of both the public and private sectors. California has
the highest population of people experiencing homelessness in the nation. In order for the State to
address its homelessness crisis, there is a need for heightened and coordinated planning and action
toward the provision of emergency shelters and transitional housing strategies. The adoption of
SB 2 and AB 139 into State Housing law limits the City’s ability to regulate emergency shelters
by reducing regulatory barriers and streamlining the approval process for emergency shelters. To
comply with State law, the proposed revisions would bring Section 17.30.120 of the Rosemead
Municipal Code into full compliance with State law.
C. The proposed amendment is internally consistent with other applicable provisions
of this Zoning Code.
FINDING: MCA 21-03 is intended to bring Rosemead Municipal Code Section 17.30.120
of Title 17 (Zoning) up to compliance with State legislation regarding objective standards
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pertaining to capacity, location, parking, and client restrictions for emergency shelters in
accordance with the provisions of Government Code Sections 65583 and does not affect other
applicable provisions of the Zoning Code.
SECTION 2. Code Amendment. RMC § 17.30.120 Emergency shelters and temporary
aid centers is hereby amended, as follows:
A. Applicability. The requirements of this section apply to all emergency shelters and temporary
aid shelters as defined in Article 1, Section 17.04.050 (Definitions) and where allowed in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific
Standards). Upon providing documentation sufficient to allow the Community Development
Director to determine that the following operational standards will be met, an emergency
shelter or temporary aid center may begin operation.
B. Emergency Shelters.
1. Location.
a. An emergency shelter may be on any parcel in M-1 (Light Manufacturing and Industrial)
by-right., except that no emergency shelter development will be permitted on any lot that
abuts the R-1 (Single-Family Residential) zone.
b. The shelter shall be located within one-quarter mile of a bus stop.
2. Capacity. Emergency shelters may provide a maximum of 10seven beds per
establishment.
3. Maximum Length of Stay. The maximum length of stay of any person shall be six
months.
4. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
5. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
6. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non-enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
7. On-Site Management. The shelter shall have full-time on-site management. Emergency
shelter providers must submit a written management plan prior to beginning operation,
including provisions for staff training, and counseling, treatment, and training programs
for residents. The management plan shall be subject to approval by the Community
Development Director.
8. Parking. Emergency shelters that do not accept walk-in clients must provide one parking
space per staff member for clients and sufficient parking to meet the needs of the
accommodate the staff working in the emergency sheltershelter's on-site management.
Shelters that accept walk-in clients must provide two parking spaces for clients and
sufficient parking to meet the needs of the shelter's on-site management. Nonoperational
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and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of
the shelter operator.
9. Client Restrictions. Emergency shelter providers must screen for and refuse service to
registered sex offenders as part of their client intake process.
910. Security. Emergency shelter providers must submit a written security plan prior to
beginning operation that includes the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the shelter, and provisions for on-site security
guards, if any. A site plan shall also be provided which clearly indicates parking areas,
lighting, and the location of on-site walk-in and client intake areas. The security plan
shall be subject to approval by the Chief of Police.
1011. Separation from Other Shelters. No emergency shelter shall be located within a
radius of three hundred (300) feet from the nearest shelter, as measured from property
line to property line. This requirement does not apply to Temporary Aid Centers.
1112. Storage. For emergency shelters that accept walk-in clients, an enclosed area must
be provided for residents to store their belongings, such as bicycles, shopping carts, and
other possessions.
C. Temporary Aid Centers.
1. Intake/Waiting Areas. On-site intake areas shall be enclosed or screened from the public
right-of-way and adjacent properties. Queuing within the public right-of-way or any
parking area is not permitted.
2. Lighting. Lighting shall be stationary, directed away from adjacent properties and public
rights-of-way, and of an intensity that is consistent with existing lighting in the
neighborhood.
3. Noise. For the purposes of noise abatement, organized outdoor activities and intake of
residents in non-enclosed areas may only be conducted between the hours of seven a.m.
and ten p.m.
4. On-Site Management. Temporary aid centers must submit a written management plan
prior to beginning operation, including provisions for staff training and counseling,
training, treatment and programs for clients. The management plan shall be subject to
approval by the Community Development Director.
5. Security. Temporary aid centers must submit a written security plan prior to beginning
operation including, as applicable, the hours of operation, intake/discharge procedures,
screening of clients prior to admission to the temporary aid center, and provisions for
on-site security guards, if any. A site plan shall also be provided which clearly indicates
parking areas, lighting, and the location of on-site walk-in and client intake areas. The
security plan shall be subject to approval by the Chief of Police.
6. [No Overnight Stays Provided.] Temporary aid centers will not provide facilities for
overnight stays.
SECTION 7. Environmental Review. MCA 21-03 is not a project pursuant to California
Environmental Quality Act (CEQA) Guideline 15378, because the activity undertaken involves
general text amendments that would not cause either a direct physical change in the environment
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or a reasonably foreseeable indirect physical change in the environment and does not meet the
definition of a “Project” under CEQA. The proposed Code Amendment is also exempt from CEQA
under Section 15061(b)(3) of the CEQA Guidelines because CEQA only applies to projects which
have the potential for causing a significant effect on the environment.
SECTION 8. Construction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
the purposes set forth in this Ordinance.
SECTION 9. Enforceability. Repeal of any provision of the RMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before this Ordinance’s effective date. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 10. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 11. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 12. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in
the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption
of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the
Council Members voting for and against the Ordinance. This Ordinance shall take effect thirty
(30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this ____th day of ______, 2022.
________________________________
Polly Low, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Ericka Hernandez, City Clerk Rachel H. Richman, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1002 was first
introduced at the regular meeting of _______, 2022 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the ____th
day of ________2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Ericka Hernandez, City Clerk