Chapter 5E
SAFE PARKING PROGRAM
5E.1 Purpose and Applicability.
The purpose of this section is to establish regulations to govern the operation of safe parking host sites within the City of Fairfield to ensure the safety and welfare of individuals using their vehicles as shelter and to adopt performance standards and permitting guidelines for the safe parking host sites. (Ord. No. 2023-11, § 2.)
5E.2 Permit Required.
No safe parking host site shall be established or maintained unless and until a safe parking host site permit has been issued by the Homeless Services Division Manager or their designee. (Ord. No. 2023-11, § 2.)
5E.3 Permit Application.
Any person or organization desiring to operate a safe parking program under this section shall submit a safe parking host site permit application to the Homeless Services Division. The application shall be in writing and include the following:
A. Location. A safe parking host site is permitted for commercial, industrial, and residential areas provided they are located in conjunction with an existing and properly permitted community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center, quasi-public facility, and safe parking site host permit as provided in subsection (B) of this section.
B. Ministerial Safe Parking Host Site Permit. A safe parking host site shall not be established or maintained unless a ministerial safe parking site host permit has been issued.
1. Scope. The safe parking host site shall allow safe parking as an ancillary use to the permitted primary community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center. Any physical modification or expansion of facilities associated with a safe parking site shall require a separate fire and life safety inspection.
2. Submittal Requirements. An application for the safe parking host site permit shall be submitted to the Homeless Services Division, and shall include the following:
a. A site plan showing the proposed location of required facilities listed in subsection (D)(f), parking spaces designated for safe parking, and setback to adjacent properties as required per subsection (D)(j).
b. A site management and operations plan describing the proposed functions of the site, including:
i. A list of other uses conducted on the site and their hours of operation, demonstrating that the primary use will not conflict with the safe parking use;
ii. The number of safe parking spaces provided and the day and hours the spaces will be available for safe parking, pursuant to site zoned parking regulation;
iii. A description of program management, including procedures for site monitoring, participant screening, and provision of facilities and services;
iv. A description of how waste disposal, including both greywater disposal and trash disposal, shall be managed by the host site according to best management practices;
v. A description of how the site will meet the performance standards as provided in subsection (D).
vi. 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.
C. Inspection Requirement. Prior to the approval of a safe parking host site permit, City staff shall perform an inspection of the site to ensure compliance with the safe parking site standards and reserves the right to make unannounced site inspections at any time.
D. Safe Parking Host Site Standards. The zoning administrator or designee shall issue a safe parking host site permit when the applicant has demonstrated that they would meet all the following performance standards:
a. Operation. Safe parking host sites shall be operated as an ancillary use subordinate to or part of the principal use at an existing facility.
b. Approved Site Management and Operations Plan. Safe parking host sites shall have a site management and operations plan approved by the Homeless Services Division Manager or their designee.
c. Hours of Operation. On any night that safe parking is offered, a safe parking host site shall operate for a minimum of ten (10) hours. The specific hours of operation for each site, including additional hours up to and including 24-hour operation, shall be established with approval of the safe parking host site permit and zone parking regulation of the original purpose of the site.
d. Types of Vehicles Permitted. Safe Parking host sites shall be used only by operable cars, recreational vehicles (RVs), and vans that have received a valid permit from the site operator to park at specific safe host parking site. For the purposes of this subsection, “operable” shall mean that the vehicle, is not missing any significant component part, and can be driven on and off site without assistance.
e. Maximum Number of Participants. No more than ten (10) inhabited vehicles shall be allowed to park at a safe parking host site at one time. The number of people permitted in a vehicle should be equivalent to the number of seats in the vehicle, unless otherwise authorized.
f. Facilities. Restroom, potable water, and trash facilities shall be provided, maintained in a clean and orderly manner, and accessible to participants on the site during safe parking hours.
g. Security. Safe Parking host site shall provide staff, trained in security and fire watch, to monitor parking activities during safe parking hours of operation.
h. Vehicle Clearances. A minimum clearance of six (6) feet shall be maintained between any vehicle used for safe parking and any other vehicle.
i. Fire Safety. Fire extinguishers and combination smoke/carbon monoxide detectors shall be required within each RV. Communal fire extinguisher(s) shall be provided such that there is one fire extinguisher located within 75 feet of each inhabited vehicle.
j. Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established circulation patterns on site. The site shall maintain adequate emergency vehicle access and access to fire protection systems, as determined by the Fire Marshal or their designee.
k. Setbacks from Property Lines. Designated safe parking spaces for cars, RV’s and vans and any outside portable facilities, shall be located a minimum of ten (10) feet from any property line.
l. Setbacks from Buildings. All vehicles shall be located at least 10 feet from any other building or structure located on the property.
m. Noise. Safe parking host sites shall observe quiet hours between 10:00 pm and 7:00 am pursuant to Fairfield Municipal Code 25.1403. Use of generators shall be prohibited during quiet hours.
n. Posting. The site address and phone number for representative of the site operator shall be posted in a visible location on the safe parking site.
o. Exterior Storage Prohibited. Outdoor storage around parked vehicles shall be prohibited. Tents, tarps, and other temporary outdoor shelters, either affixed to a participant’s vehicle or freestanding, shall be prohibited.
p. Fire Prohibited. Fires, heaters, barbeque grills, and other outdoor cooking or warming appliances shall be prohibited.
E. Severability. If any subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance and each and every subsection, sentence clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional. The courts are hereby authorized to reform the provisions of this Ordinance in order to preserve the maximum permissible effect of each subsection herein. (Ord. No. 2023-11, § 2.)
5E.4 Permit Issuance or Denial.
The Manager of the Homeless Services Division shall issue an emergency safe parking host site permit except in the following circumstances:
A. The application is incomplete, or information contained in the application is found to be false in any material detail.
B. The application fails to demonstrate an ability to operate a safe parking site while meeting the requirements in this Chapter. (Ord. No. 2023-11, § 2.)
5E.5 No Permit Fee Required.
No fee shall be required for the processing of a safe parking host site permit application or issuance of a safe parking host site permit. (Ord. No. 2023-11, § 2.)
5E.6 Term.
Any Safe Parking Program host site permit issued under this Chapter shall expire one (1) year after issuance. At least thirty (30) days prior to the expiration of any safe parking host site 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. (Ord. No. 2023-11, § 2.)
5E.7 Permit Suspension and Revocation.
The Manager of the Homeless Services Division may suspend or revoke a safe parking host site permit issued under this chapter. The following shall constitute grounds for suspension or revocation:
A. A violation of any of the grounds upon which the Manager of the Homeless Services Division may refuse to issue a permit listed in Section 5E.3.
B. A violation of federal or state law or any provision of the Fairfield Municipal Code relating to the permit or the provision of the Safe Parking Program. (Ord. No. 2023-11, § 2.)
5E.8 Appeals.
A. An applicant or permittee that is aggrieved by a decision of the Manager of the Homeless Services Division or their designee 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 their designee.
C. The City Manager or their designee shall serve as the Hearing Officer. The Hearing Officer shall consider a timely-filed appeal no later than 30 days from the date 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 relay 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 or their designee 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.
G. 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. 2023-11, § 2.)