§ 15.80

In accordance with Government Code Section 8698.4, the purpose of this chapter is to set forth local standards and procedures for the design, site development, and operation of homeless shelters and the

structures and facilities therein, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws.

(Ord. No. 1585, § 3, 10-11-22)

This chapter shall be applicable to homeless shelters, as the term is defined in Government Code Section 8698.4(c)(1), established pursuant to the declaration of a shelter crisis pursuant to Government Code Section 8698 et seq., and that are located in new or existing buildings or structures owned, operated, or constructed by, for or on behalf of the city on property that is owned or leased by the city.

(Ord. No. 1585, § 3, 10-11-22)

As provided by Government Code Section 8698.4, for the duration of the shelter crisis declared by the City Council, homeless shelters shall be permitted by right with no further discretionary approvals on properties owned or leased by the City of Banning, notwithstanding any contrary provisions in the General Plan or zoning regulations. Such homeless shelters must meet the standards set forth in this chapter.

(Ord. No. 1585, § 3, 10-11-22)

15.80.040 - Homeless Shelter Design and Site Development Standards.

A.

Homeless shelters shall at a minimum meet the design and site development standards set forth in Appendix O of the California Building Code, 2019 Edition, and Appendix X of the California Residential Code, 2019 Edition, as adopted by reference by the City pursuant to section 15.08.010, and any future standards adopted by the California Department of Housing and Community Development related to emergency housing or emergency housing facilities.

B.

Notwithstanding the provisions of this section and section 15.08.010, Section O101.1 of Appendix O of the California Building Code, 2019 Edition, is hereby amended to read as follows:

O101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section O102. This appendix shall be applicable to homeless shelters as set forth in Section 15.80.020 of the Banning Municipal Code.

C.

Notwithstanding the provisions of this section and section 15.08.010, the definition of "Emergency Housing" in Section O102.1 of Appendix O of the California Building Code, 2019 Edition, is hereby amended to read as follows:

O102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the California Building Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1).

D.

Notwithstanding the provisions of this section and section 15.08.010, Section O103.3 of Appendix O of the California Building Code, 2019 Edition, is hereby amended to read as follows:

O103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m[2 ] ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m[2 ] ) for each occupant in excess of one.

Exceptions:

1.

Tents.

2.

Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3.

For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m[2 ] ) if the enforcing agency determines that 30 square feet (2.8 m[2 ] ) is adequate space for a single-occupancy sleeping unit.

E.

Notwithstanding the provisions of this section and section 15.08.010, Section O104.4.1 of Appendix O of the California Building Code, 2019 Edition, is hereby amended to read as follows:

O104.4.1 Egress window or hatch. The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m[2 ] ).

F.

Notwithstanding the provisions of this section and section 15.08.010, Section AX101.1 of Appendix X of the California Residential Code, 2019 Edition, is hereby amended to read as follows:

AX101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section AX102. This appendix shall be applicable to homeless shelters as set forth in Section 15.80.020 of the Banning Municipal Code.

G.

Notwithstanding the provisions of this section and section 15.08.010, the definition of "Emergency Housing" in Section AX102.1 of Appendix X of the California Residential Code, 2019 Edition, is hereby amended to read as follows:

AX102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of the California Residential Code for general definitions.

EMERGENCY HOUSING. Housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or shelter crisis. Emergency housing may include, but is not limited to, buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency transportable housing units, and tents constructed in accordance with this appendix. Emergency Housing includes "homeless shelters" as defined in Government Code Section 8698.4(c)(1).

H.

Notwithstanding the provisions of this section and section 15.08.010, Section AX103.3 of Appendix X of the California Residential Code, 2019 Edition, is hereby amended to read as follows:

AX103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 30 square feet (2.8 m[2 ] ) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at a rate of 30 square feet (2.8 m[2 ] ) for each occupant in excess of one.

Exceptions:

1.

Tents.

2.

Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.

3.

For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 30 square feet (2.8 m[2 ] ) if the enforcing agency determines that 30 square feet (2.8 m[2 ] ) is adequate space for a single-occupancy sleeping unit.

I.

Notwithstanding the provisions of this section and section 15.08.010, Section AX104.4.1 of Appendix X of the California Residential Code, 2019 Edition, is hereby amended to read as follows:

AX104.4.1 Egress window or hatch. The bottom of the clear opening of the egress window or hatch shall not be more than 44 inches (1118 mm) above the floor. The egress window or hatch shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window or hatch shall have a minimum net clear opening area of 5 square feet (0.465 m[2] ).

(Ord. No. 1585, § 3, 10-11-22)

15.80.050 - Operating procedures.

Operating procedures, including a security plan and service requirements, shall be developed by the site coordinator and adopted by the City Council by resolution. These procedures shall be designed to maintain order and safety within the homeless shelter."

(Ord. No. 1585, § 3, 10-11-22)

Editor's note— Ord. No. 1585, § 3, adopted October 11, 2022, set out provisions intended for use as 15.04.050. For purposes of classification, and at the editor's discretion, these provisions have been included as 15.80.050.