Chapter 5D
EMERGENCY HOMELESS SHELTER PROGRAM
5D.1 Purpose and Applicability.
The purpose of this chapter is to establish a program for the permitting of pallet shelters or emergency sleeping cabins as emergency housing facilities on certain parcels, for the duration of the declared shelter crisis, and to implement standards that ensure a safe place for individuals and families to obtain shelter as well as the compatibility of shelter activities with surrounding uses. The Emergency Homeless Shelter Program shall be administered by the Manager of the Homeless Services Division within the City Manager’s Office. (Ord. No. 2022-11, § 2.)
5D.2 Permit Required.
No emergency homeless shelter may be established or maintained unless and until an emergency homeless shelter permit has been issued by the Manager of the Homeless Services Division, such permit is in full force and effect, and a certificate of occupancy has been issued. (Ord. No. 2022-11, § 2.)
5D.3 Permit Application.
Any person or organization desiring to operate an emergency homeless shelter under this Chapter shall submit an emergency homeless shelter permit application to the Manager of the Homeless Services Division. The application shall be in writing and include the following:
A. A site plan and floor plan showing the location of the emergency homeless shelter facility, the placement of pallet shelters, and areas to be used by shelter residents for emergency housing facilities such as bathrooms and kitchens.
B. If the applicant is not the property or building owner, documentation demonstrating that the applicant has the owner’s permission to obtain an emergency homeless shelter permit and proceed to operate the proposed emergency homeless shelter.
C. An operation plan that describes how the emergency homeless shelter will be operated, including the number of people that would be housed, the days and hours of operation, and the number of monitors that would be on-site during operation of the shelter.
D. An emergency response safety plan that describes how the emergency homeless shelter complies with building, fire, and life safety requirements.
E. Any additional or supplemental information as is reasonably necessary to verify or clarify that the proposal meets the requirements of this chapter or any other provision of the Fairfield Municipal Code, or to determine appropriate permit conditions or limitations. (Ord. No. 2022-11, § 2.)
5D.4 No Permit Fee Required.
No fee shall be required for the processing of an emergency homeless shelter permit application or issuance of an emergency homeless shelter permit. Any applicable fees for zoning clearance, building or fire safety inspections, and issuance of a certificate of occupancy necessary for the emergency homeless shelter permit shall be waived. Notwithstanding the above, if a building or fire safety inspection demonstrates that site repairs, modifications, and/or additional inspections are necessary to meet minimum building or fire code requirements for operation of an emergency homeless shelter, this fee waiver shall not apply to such building permits, fire permits, inspections or other approvals related to such work. (Ord. No. 2022-11, § 2.)
5D.5 Permit Issuance or Denial.
A. The Manager of the Homeless Services Division shall issue an emergency homeless shelter permit except in the following circumstances:
1. The application is incomplete, or information contained in the application is found to be false in any material detail.
2. The proposed location is not granted a Zoning Clearance by the Planning Division.
3. The proposed location is within 1000 feet of another homeless shelter, temporary homeless shelter, emergency homeless shelter, a childcare center including home childcare and family daycare, a school (K-12), or a park.
4. The proposed location is not in compliance with Chapter 27 of the Fairfield Municipal Code.
5. The applicant fails to complete a building or fire safety inspection, or the building, structure, or equipment at the proposed location does not comply with or fails to meet any health, building, fire or safety laws of the State of California or City of Fairfield.
6. The application fails to demonstrate an ability to conform to the Emergency Shelter Operational Standards for Year-Round Shelters or the operating requirements set forth in this Chapter.
B. The Manager of the Homeless Services Division may impose reasonable conditions of approval on the issuance of a permit to ensure the health, safety, and general welfare of shelter residents, shelter operators, and the surrounding neighborhood. These may include, but are not limited to, conditions regarding parking, noise, trash clean-up, security, insurance, and fire or other life safety measures.
C. Where a permit application is denied, the applicant shall be notified in writing of the denial and the reasons, therefore. (Ord. No. 2022-11, § 2.)
5D.6 Zoning Clearance.
A. Residential Zones:
1. An emergency homeless shelter permit may be granted in the following residential zoning districts: Residential, Low Density (RL); Residential, Low-Medium Density (RLM); Residential Medium Density (RM); and Residential, High Density (RH).
2. A maximum of five emergency homeless shelter permits will be issued to all parcels with a residential zoning designation.
3. Emergency homeless shelter permits can only be issued to parcels where there is no current residential use, such as a single-family residence.
B. Commercial Zones:
1. An emergency homeless shelter permit may be granted in the following commercial zoning districts: Community Commercial (CC); Mixed Commercial (CM); Neighborhood Commercial (CN); Office Commercial (CO); Regional Commercial (CR); Service Commercial (CS); Thoroughfare Commercial (CT).
2. A maximum of five emergency homeless shelter permits will be issued to all parcels with a commercial zoning designation.
C. Industrial Zones:
1. An emergency homeless shelter permit may be granted in the following industrial zoning districts: Limited Industrial (IL); Industrial and Business Park (IBP).
2. A maximum of five emergency homeless shelter permits will be issued to all parcels with an industrial zoning designation. (Ord. No. 2022-11, § 2.)
5D.7 Fire, Building, and Life Safety Requirements.
A. Location of Pallet Shelters. New pallet shelters, emergency sleeping cabins, or structures used for emergency housing shall be located in accordance with the requirements of Table 602 and Section 705 of the California Building Code, based on their type of construction and fire-resistance ratings of the exterior walls; provided that if open spaces will remain unobstructed for the duration of the shelter crisis, fire separation distances may be measured to existing buildings on adjacent parcels rather than to interior lot lines.
B. Setbacks. Any pallet shelter, emergency sleeping cabin, or structure built pursuant to an Emergency Homeless Shelter Permit issued under this Chapter shall be set back a minimum of five (5) feet from all lot lines and from any other pallet shelter, emergency sleeping cabin, or structure.
C. Fire Access Road. Any pallet shelter, emergency sleeping cabin, or structure built pursuant to an Emergency Homeless Shelter Permit issued under this Chapter shall be set back a minimum of twenty (20) feet from any existing structure(s) on the property prior to issuance of the Emergency Homeless Shelter Permit. (Ord. No. 2022-11, § 2.)
5D.8 Operating Requirements.
Every emergency homeless shelter issued a permit under this chapter shall comply with the Emergency Shelter Operational Standards for Year-Round Shelters and shall meet the following requirements:
A. No more than 10 persons at one time shall reside at an emergency homeless shelter site zoned for residential use. No more than 20 persons at one time shall reside at an emergency homeless shelter site zoned for commercial or industrial uses.
B. Shelter operations shall be conducted as described in the management plan submitted with the permit application. Any material changes to the management plan during the term of the permit must be approved in advance by the Homeless Services Division.
C. At least one manager shall be on-site at all times while the emergency homeless shelter is operating.
D. Set hours for client intake and discharge shall be established in the permit.
E. A copy of the emergency homeless shelter permit and certificate of occupancy shall be prominently displayed at the shelter location and shall be exhibited upon request of any city official.
F. The emergency homeless shelter shall remain in compliance with applicable building and fire life safety codes at all times during the term of the permit. (Ord. No. 2022-11, § 2.)
5D.9 Term.
Any Emergency Homeless Shelter Permit issued under this Chapter shall expire one (1) year after issuance. At least thirty (30) days prior to the expiration of any Emergency Homeless Shelter Permit, the permit holder may apply for renewal of the permit or for a new permit by contacting the Manager of the Homeless Services Division. Any issuance or renewal of an Emergency Homeless Shelter Permit is conditioned upon the City’s declaration of a Shelter Crisis pursuant to California Government Code section 8698.2. (Ord. No. 2022-11, § 2.)
5D.10 Permit Suspension or Revocation.
The Manager of the Homeless Services Division may suspend or revoke an emergency shelter permit issued under this chapter. The following shall constitute grounds for suspension or revocation:
A. Any of the grounds upon which the Manager of the Homeless Services Division may refuse to issue a permit.
B. Any failure to comply with this chapter, the Emergency Shelter Operational Guidelines for Year-Round Shelters, or the conditions of the permit.
C. Any failure to comply with the City of Fairfield’s Minimum Building and Life Safety Standards for Emergency Homeless Shelters, the Emergency Housing provisions of the California Building Code and California Residential Code, or any item of the Fire and Life Safety Standards Checklist submitted with the permit application.
D. A violation of federal or state law or any provision of the Fairfield Municipal Code relating to the permit or the provision of the emergency homeless shelter services. (Ord. No. 2022-11, § 2.)
5D.11 Appeals.
A. An applicant or permittee that is aggrieved by a decision of the Manager of the Homeless Services Division with respect to a permit condition, denial, suspension, or revocation, may appeal the decision by filing a written notice thereof with the City Clerk within 10 calendar days after receipt of notice of the decision. The notice of appeal shall set forth the reasons why the decision should be reversed or modified.
B. In the event an appeal is filed to challenge a suspension or revocation, the suspension or revocation shall remain in effect until the final decision has been rendered by the City Manager or designee.
C. The City Manager or his or her designee shall serve as the Hearing Officer. The Hearing Officer shall consider a timely-filed appeal no later than 30 days from the date that the appeal is filed. The appellant shall be notified in writing of the time and place set for the hearing.
D. Hearings shall be conducted in accordance with the procedures established by the Hearing Officer. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.
E. Unless otherwise specifically provided by law, in any hearing under this chapter the burden is on the appellant to prove that the determination of the Manager of the Homeless Services Division was unreasonable and an abuse of discretion.
F. The Hearing Officer shall, within 10 days of the conclusion of the hearing, issue a written decision on the appeal supported by findings. On the date of the decision, notice thereof shall be mailed to the appellant. The decision of the Hearing Officer shall be final. (Ord. No. 2022-11, § 2.)