Homelessness is a statewide problem that affects many cities and counties. There are an estimated 360,000 homeless individuals and families in California. In some counties, like Los Angeles, an estimated 254,000 men, women, and children experience homelessness over the course of each year. Some of the causes of homelessness are mental illness, substance abuse, prison release, and lack of affordable housing.

Because homelessness affects people of all races, gender, age and geographic location there is a growing need for every city and county to at least plan for where emergency shelter for homeless persons could be located within their jurisdiction.  Currently, a disproportioned amount of emergency shelters are located in our urban centers because providers encounter minimal resistance to locating there as compared to other areas.  This leads to an over concentration of services in inner cities and poor communities like Skid Row in Downtown Los Angeles.

What does SB 2 do?
SB 2 would require every city and county to assess how many homeless persons are in their community and to identify zones, in the housing element of their general plan, where emergency homeless shelters, in an amount sufficient to meet the community’s need, are allowed to locate without a conditional use permit or other discretionary permit.

SB 2 establishes that emergency shelters can only be subject to those development and management standards that apply to other developments in the same zone, except that the local government may apply written, objective standards that include the following: The number of beds or persons served; Off street parking; Size and location of client intake areas; The provision of on-site management; Proximity to other shelters; Length of stay; and Security during hours the shelter is open. The location of zones within the jurisdiction is at the total discretion of the governing body.  Jurisdictions also have the option of partnering with up to two other jurisdictions to develop a shelter to meet all or part of each communities emergency shelter need. 

Cities would need to comply with the zoning requirement at their next regular update cycle.  Cities that cannot comply at the next update cycle must do so no later than a year after adoption of their housing element. 

The bill recognizes that some jurisdictions have emergency shelter ordinances that meet or exceed the requirements of the bill.  Those jurisdictions only need to describe how their ordinances are consistent with the bill in their housing element and no further action is required of them.

The bill further recognizes that some jurisdictions already have emergency shelter in their community that meet their local need.  Those jurisdictions need only zone for where additional shelter may local with a conditional use permit.

Some jurisdictions have adopted plans to reduce homelessness in their community by creating supportive housing units for chronic homeless persons.  Under SB 2, a local jurisdiction can reduce their need for emergency shelter by identifying supportive housing units that are either vacant or for which funding has been identified to allow construction during the planning period.

Finally,SB 2 clarifies that supportive and transitional housing are only subject to those restrictions that apply to other residential dwellings, of the same type, in the same zone. SB 2 also amends the anti-NIMBY law to include emergency shelters and clarifies that transitional and supportive housing are also protected by this provision.

For more information contact:  Cori Ayala (916) 651-4022