CHAPTER 5A
TEMPORARY SHELTER PROGRAM

5A.1 Purpose and Applicability.

The purpose of this chapter is to establish a program for the operation of temporary shelters as ancillary uses at existing religious or assembly use facilities, and to implement standards that ensure a safe place for individuals and families to obtain temporary shelter as well as compatibility of shelter activities with surrounding uses. The Temporary Shelter Program shall be administered by the Manager of the Homeless Services Division within the City Manager’s Office. (Ord. No. 2020-19, § 3.)

5A.2

Permit Required.

No temporary shelter may be established or maintained unless and until a temporary shelter permit has been issued by the Manager of the Homeless Services Division, such permit is in full force and effect, and a temporary certificate of occupancy has been issued. (Ord. No. 2020-19, § 3.)

5A.3

Permit Term and Renewal.

A temporary shelter permit shall expire one year after the date of issuance unless earlier revoked. A permit may be renewed upon submission of a new application in the same manner as for the original permit. (Ord. No. 2020-19, § 3.)

5A.4 Permit Application.

Any person or organization desiring to operate a temporary shelter under this Chapter shall submit a temporary 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 temporary shelter facility and areas to be used by shelter residents.

B.    If the applicant is not the property or building owner, documentation demonstrating that the applicant has the owner’s permission to obtain a temporary shelter permit and proceed to operate the proposed temporary shelter.

C.    A management plan that describes how the shelter will be operated, including the number of people that would be temporarily housed, the days and hours of operation, and the number of monitors that would be on-site during operation of the shelter.

D.    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. 2020-19, § 3.)

5A.5 No Permit Fee Required.

No fee shall be required for the processing of a temporary shelter permit application or issuance of a temporary shelter permit. Any applicable fees for zoning clearance, building or fire safety inspection, and issuance of a certificate of occupancy necessary for the temporary 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 a temporary shelter, this fee waiver shall not apply to such building permits, fire permits, inspections or other approvals related to such work. (Ord. No. 2020-19, § 3.)

5A.6 Permit Issuance or Denial.

A.    The Manager of the Homeless Services Division shall issue a temporary 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, as required by section 25.32.20 of the City’s Zoning Ordinance.

3.    The proposed location is not in compliance with Chapter 27 of the Fairfield Municipal Code.

4.    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.

5.    The application fails to demonstrate an ability to conform to 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 therefor. (Ord. No. 2020-19, § 3.)

5A.7 Operating Requirements.

Every temporary shelter issued a permit under this chapter shall comply with the following:

A.    No more than 9 persons shall reside at a temporary shelter at one time.

B.    The temporary shelter may operate for up to 6 months within the one-year permit term. The 6-month operating period may be continuous or intermittent.

C.    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.

D.    At least one manager shall be on-site at all times while the temporary shelter is operating.

E.    Set hours for client intake and discharge shall be established in the permit.

F.    A copy of the temporary shelter permit and temporary certificate of occupancy shall be prominently displayed at the shelter location and shall be exhibited upon request of any city official.

G.    The temporary shelter shall remain in compliance with applicable building and fire life safety codes at all times during the term of the permit. (Ord. No. 2020-19, § 3.)

5A.8 Permit Suspension or Revocation.

The Manager of the Homeless Services Division may suspend or revoke a temporary shelter permit issued under this chapter. The following shall constitute grounds for suspension or revocation:

A.    Any of the grounds upon which the Manager may refuse to issue a permit.

B.    Any failure to comply with this chapter or the conditions of the permit.

C.    A violation of federal or state law or any provision of the Fairfield Municipal Code relating to the permit or the provision of the temporary shelter services. (Ord. No. 2020-19, § 3.)

5A.9 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 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. 2020-19, § 3.)