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Home My WebLink About01/21/1992, 2 - PROVISION OF TEMPORARY HOMELESS SHELTER BY CHURCHES.�IIIN ^INll�lnlln�lII MEETING DATE: II IIII Ii civ' of san Luis oBispo 1-a1-91 COUNCIL AGENDA REPORT FB" NUMBER: 2 FROM: Arnold B. Jonas, Community Development Director (2° SUBJECT: Provision of temporary homeless shelter by church s. CAO RECOMMENDATION Ratify the Community Development Director's determination that provision of short -term emergency shelter is a historical ancillary function of churches, and may continue without obtaining a use permit if conducted in conformance with generally accepted criteria which would limit the potential for neighborhood impacts. DISCUSSION Backaround A cooperative effort between the' City .and County-has resulted in establishment of a permanent homeless she on Orcutt Road which provides a wide range of client services. City Zoning Ordinance regulations limit the location of homeless shelters to specific zoning districts, and require that a use permit be granted for operation in those districts. The utilization of the homeless shelter has grown to the point of exceeding the overnight capacity on a regular basis, especially in times of inclement weather. The resulting overflow of prospective clients has generated concern in the surrounding neighborhood for continued operation of the shelter at that-location. During their last regular review of the use permit for the shelter, the Planning Commission suggested that satellite shelter locations for selected client populations such as women and children could be a method for providing additional capacity at the primary shelter location. Shelter operators have arranged with local churches to provide limited, temporary shelter services to restricted groups of persons somewhat in conformance with the Commission recommendation. This has raised the question of.whether operation of these temporary church shelters requires the issuance of a use permit, and if they can be allowed at locations where the Zoning Ordinance would not allow permanent shelters. Staff understands that the supplementary program now being provided by the churches is restricted in scope and character, and is operated in conjunction with the administration of the permanent homeless shelter, with oversight by the Economic Opportunities Commission. The temporary service program will rotate among. various churches on approximately a 60 day interval, will serve a maximum of 25 persons at one time at one location, and provides only sleeping and restroom facilities during nighttime hours. Food, bathing and other facilities/ services will continue to be provided at the permanent shelter location. RECEIVED JA N 1� X1992 � SAN LUIS OBISPO, CA ��H►I�IIIIIIIIIhj�Il�Ill MY Of San lU1S OBISPO Njj% COUNCIL AGENDA REPORT The program currently serves only families and women and children, although single men are being considered for inclusion. Transportation from the permanent shelter to the churches is provided and controlled by the operators of the permanent shelter. Clients agree to remain at the church once arriving there for the evening. The church facilities are available for other church activities during the day. Conclusion Provision of shelter services can be considered among those community needs historically served by churches, although generally on an individual or family group basis. There is precedent, however, for this function to encompass community wide shelter needs as occurred prior to the establishment of a permanent, publically funded shelter and concurrent zoning regulations. At that earlier time the general shelter function was rotated among the churches as this more limited function is now. Given the humanitarian function of the churches, the emergency need now existing, and the limited scope of the supplemental shelter program as currently implemented, it is my determination that the use may be considered accessory to the church use and does not require a use permit in any zoning district. Alternatives A. Council may determine that the character or scale of the services being provided by the churches exceed their historic involvement in the shelter activity, and thus will require approval of a use permit. B. Council may determine that Zoning Ordinance provisions preclude the location of homeless shelter uses in R -1 or R -2 Districts, thus limiting participating churches to those located in other zoning districts. 112 Broad Street San Luis Obispo CALIFORNIA 93405 January 20, 1992 Re Item 2, January 21 agenda City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear City Council: MEETING AGENDA DATE _:ITEM # 2 CORMTO: ❑� Adlon MGM �,�, �ho ❑ M. DM 2,'AtAO ❑ FWQMFF QMM/ORIQ ❑ POLKFQi ❑ MGMT. TEAM ❑ RI C. DIR � "� po- LE I was surprised to learn that the temporary use of a church as a homeless shelter requires a permit beyond that needed for the church. It strikes me that the following contrary position makes sense: If providing aid to the oppressed is part of the creed or tradition of a religious sect, then providing temporary shelter (be it for the homeless in winter, for those needing political sanctuary, or whatever) falls within the bounds of that sect's relgious practice. This point of fact established, one then looks at the 'free exercise" clause of the U.S. Constitution's First Amendment [ °Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...° In the 20th Century, our courts have established that "Congress" means government at all levels.3 The First Amendment clearly places the details of religious practice beyond the control of civic authorities. I b9lieve this line of reasoning makes clear that no permit should be needed for providing temporary shelter within a church. Any church, by tradtion and law, has the right to offer temporary shelter. As for the planning 1- mplications of this argument, consider the following: Churches require use permits prior to being allowed to locate. Since the tradition of churches offering temporary shelter /sanctuary is a well— established part of many sects' histories, the issue . should have been considered at the time a use permit was granted for the church as a whole. One can therefore assume, by implication, that the issue did receive prior consideration, and that such use was found to be acceptable. That being the case, no further planning review should be required. RECEIVED J; ;u j� 1. JAN 4 ( 1992 CITY CI,I+01K SAN LUIS OBI'SPO. CA Sincerely, Richard Schmidt ��1:�r -9a rt es January 21, 1992 Mayor Dunin and City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93403 Dear Mayor Dunin and Councilmembers, There are two items on your agenda tonight which I would like to comment on. Unfortunately, out of town business prevents my attending, so please consider this brief letter. First, with regard to the appeal of the homeless shelter, I would like to remind the Council of the difficulty we had in finding a location for the shelter and the fact that regardless of where it is located, you will encounter unhappy neighbors. The present location is a good one and the shelter should be continued there. I do think that some better controls should be considered and that an overflow facility is clearly needed. But I would not abandon the existing site on the vague hope that another one, somewhere, will be better. Second, with regard to putting up the homeless in churches on a temporary basis, I believe assisting the poor is among the fundamental ]purposes of churches. Thus, sheltering the poor at churches, at least on a temporary basis, should be allowed by the zoning and tolerated by the neighbors. , Thank you for your consideration. Sincerely, �s Michael Multari 83 La Entrada San Luis Obispo, CA 93405 RECEIVED r,— JAN 2 1 1992 K LUI ISPO, CA Cons 7D. Q1 nm� FYt �� L�J'CDDDIR. VCAO ❑❑ FIN. r ❑ FW DUL CLERK /ORIC. ❑ POLICE CH. ❑ MCMT TEAM ❑ REC DIR O,C READ HU ❑,jrm nm RECEIVED JAN 2 1 1992 CITY CLERK SAN LUIS OBISPO, CA