Chapter 5.09

EMERGENCY BRIDGE HOUSING

Parts:

• 1 Purpose and Findings

• 2 Definitions

• 3 General

• 4 Design Standards

• 5 Site Development

• 6 Operations

Part 1

PURPOSE AND FINDINGS

Sections:

• 5.09.100 Findings and declarations. 5.09.110 Purpose and scope.

The City Council finds and declares as follows:

• A. On a per capita basis, San José has one of the largest unsheltered populations of any major city in the United States. The 2019 Homeless Census and Survey identified a total of 6,097 individuals residing in San José on any given night. This pointin-time figure represents a 40% increase from the number identified in the 2017 census, when 4,350 individuals were identified. Out of the total 6,097 persons, 84% of the population was unsheltered (e.g., residing on the street, in vehicles, in abandoned buildings, or in encampment areas).

• B. The primary obstacle to reducing or ending homelessness in San José remains the shortage of permanent affordable housing. In addition to a shortage of permanent affordable housing opportunities in San José, there is insufficient temporary shelter capacity. According to a recent report by the County's Office of Support-

ive Housing, Santa Clara County emergency shelters have the capacity to provide 1,253 shelter beds on any given night. Approximately 1,070 of those emergency shelter beds are in San José.

• C. Over the last few years, the City of San José and its partners have pursued several innovative homeless housing initiatives including: creating a pipeline of permanent supportive housing and rapid rehousing units; and repurposing hotels and motels for the purpose of bridge housing, and even providing winter warming centers to offer life-saving temporary shelter in City community facilities.

• D. Despite these actions, thousands of people are still living on the street on any given night, and more immediate bridge housing options are needed to ensure the continued health and well-being of the most vulnerable members of our community.

• E. In light of these many unsheltered residents whose health and well-being is at risk, and the need for immediate interim bridge housing solutions, the City has declared a shelter crisis, and determined that specific sites are needed for Emergency Bridge Housing Communities (as defined in Part 2).

• F. There are existing state and local standard and laws including adopted City Council Policies, City approved land use plans and policies, Council Resolutions, and Title 8, Title 11, Titles 13-15, Titles 17-20, and Title 24 of the San José Municipal Code that would prevent, hinder, or delay the mitigation of the effects of the shelter crisis if a requirement for strict compliance was imposed on Emergency Bridge Housing Communities.

• G. There are also existing state standards and laws including building, housing, health, habitability, or safety standards or laws which would prevent, hinder, or

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delay the mitigation of the effects of the shelter crisis if a requirement for strict compliance was imposed on Emergency Bridge Housing Communities.

• H. Strict compliance with state and local standards or laws will be suspended for Emergency Bridge Housing Communities during the shelter crisis except as provided in Assembly Bill 2176 as extended by Assembly Bill 1745 and this Chapter.

(Ords. 30199, 30698.)

• D. Emergency Bridge Housing Communities (as defined in Part 2) may only be occupied during a shelter crisis declared by the City of San José.

(Ord. 30199.)

Part 2

DEFINITIONS

Sections:

• 5.09.200 Definitions.

• 5.09.201 Authority having jurisdiction.

• 5.09.205 Dependent unit.

• A. The purpose of this Chapter is to provide reasonable local standards for the design, site development, and operation of emergency bridge housing communities and the structures and facilities therein.

• B. The provisions and standards set forth in this Chapter shall be applicable to emergency bridge housing established pursuant to a City of San José declaration of a shelter crisis under Government Code Section 8698 et seq . and located in new or existing buildings or structures owned, operated, or constructed by, for or on behalf of the City of San José on land owned or leased by the City of San José.

• C. Notwithstanding any provisions of the San José Municipal Code, any Council Resolution or Council Policy to the contrary, the requirements of this Chapter shall apply to emergency bridge housing communities and the structures and facilities therein during a shelter crisis declared by City of San José, as provided for in Government Code Section 8698 et seq . The emergency bridge housing communities and their associated structures and facilities need not comply with the requirements of the San José Municipal Code, Council Resolution or any Council Policy, except as expressly provided in this Chapter.

• 5.09.210 Emergency bridge housing community.

• 5.09.215 Emergency housing.

• 5.09.220 Emergency housing facilities.

• 5.09.225 Emergency sleeping cabin.

• 5.09.230 Emergency transportable unit.

The definitions set forth in this Part shall govern the application and interpretation of this Chapter. Words and phrases not defined in this Part 2 shall be interpreted so as to give this Chapter its most reasonable application.

(Ord. 30199.)

"Authority Having Jurisdiction" means the City of San José.

(Ord. 30199.)

"Dependent Unit" means emergency housing that is not equipped with a kitchen area, toilet, and sewage disposal system. Recreational vehicles that are not self-contained and without utility service connections shall be considered dependent units. (Ord. 30199.)

"Emergency Bridge Housing Community" means any new or existing facilities, including, but

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not limited to, housing in temporary structures, including, but not limited to, Emergency Sleeping Cabins consistent with the requirements of subdivision (h) of California Government Code Section 8698.3 that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which shall be located on property leased or owned by the City. An Emergency Bridge Housing Community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. (Ord. 30199.)

"Emergency Housing" means housing in a permanent or temporary structure(s), occupied during a declaration of state of emergency, local emergency, or a City declaration of shelter crisis. Emergency Housing Includes Emergency Bridge Housing Communities. Emergency Housing may also 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 including commercial modulars constructed and/or assembled in accordance with this Chapter or with the Voluntary Emergency Housing Appendices to the California Building Code and California Residential Code.

(Ord. 30199.)

"Emergency Housing Facilities" means onsite facilities supporting Emergency Housing or emergency bridge housing. These facilities may include, but are not limited to, kitchen areas, toilets, showers and bathrooms with running water. The

use of emergency housing facilities is limited exclusively to the occupants of the emergency housing, personnel involved in operating the housing, persons necessary for the services provided, and emergency personnel. (Ord. 30199.)

"Emergency Sleeping Cabin" means a relocatable hard-sided structure that has a raised floor area of no less than 120 square feet of interior space for two occupants and a minimum of 70 square feet of interior space for one occupant and meets the applicable standards provided in Section 5.09.410 below.

(Ord. 30199.)

"Emergency Transportable Unit" means a single or multiple section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable units include, but are not limited to, manufactured homes, mobilehomes, multifamily manufactured homes, recreational vehicles, and park trailers. For the purposes of this Chapter, emergency transportable units may also include commercial modular units as defined in California Health and Safety Code Section 18001.8, when determined by the Building Official and City Fire Marshal to be compliant with relevant fire and life safety provisions for the uses set forth in this Chapter. For the purposes of this Chapter, emergency transportable units do not include factory-built housing as defined in California Health and Safety Code Section 19971.

(Ord. 30199.)

Part 3

GENERAL

Sections:

This Chapter shall be operative until January 1, 2025. (Ords. 30199, 30698.)

Alternative compliance and/or modifications that are reasonably equivalent to or more restrictive than the requirements in this Chapter may be granted by the applicable official of the Authority Having Jurisdiction, in individual cases when dealing with buildings or structures used for emergency housing. (Ord. 30199.)

If not otherwise addressed in this Chapter, fire and life safety measures, including, but not limited to, means of egress, fire separation, fire sprinklers, smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the Authority Having Jurisdiction. (Ord. 30199.)

Part 4

DESIGN STANDARDS

Sections:

• 5.09.400 Standards for emergency bridge housing community facilities.

• 5.09.410 Standards for emergency sleeping cabins.

• 5.09.420 Standards for other emergency housing.

• 5.09.430 Local standards for other emergency housing.

• A. Common Use Kitchens and Food Facilities. Where occupants of dependent units are permitted or required to cook for themselves, a

separate area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food. In the event that a third party is preparing, serving or storing food, that party must comply with all applicable food safety regulations.

• B. Toilet and Bathing Facilities. When dependent units are used as emergency housing, the emergency housing site shall be provided with at least one toilet and one bathing facility for every 15 occupants of each gender. The Authority Having Jurisdiction may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are sufficient to process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants of the emergency housing. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees F (21.0 degrees Celsius) within such facilities. Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.

• C. Garbage, waste and rubbish disposal. All garbage, kitchen waste and rubbish shall be deposited in approved covered receptacles, which shall be emptied when filled and the contents shall be disposed of in a sanitary manner acceptable to the Authority Having Jurisdiction.

• D. Drinking water. Potable drinking water shall be provided for all occupants of emergency housing.

• (Ord. 30199.)

• A. General. Emergency Sleeping Cabins shall contain no plumbing or gas service and shall have an interior floor area of not less than 70 square feet (6.5 m[2] ) for one occupant. Where more than one person occupies the cabin, the re-

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quired floor area shall be increased at the rate of 50 square feet (4.65 m[2] ) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m[2] ).

• B. Live loads. Emergency Sleeping Cabins shall be designed to resist intrusion of wind, rain, and to support the following live loads:

  1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area.

  2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area.

  3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area.

• C. Minimum ceiling height. Habitable space and hallways in Emergency Sleeping Cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions.

• D. Means of egress. Emergency Sleeping Cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with subsection E, Egress window, below.

• E. Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window 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 shall have a minimum net clear opening area of 5 square feet (0.465 m[2] ).

• F. Electrical. Emergency Sleeping Cabins shall be provided with all of the following installed in compliance with the California Electrical Code:

  1. Continuous source of electricity. Exception: The source of electricity may be solar power, other renewable energy or emergency generator(s).

  2. At least one interior lighting fixture.

  3. Electrical heating equipment listed for residential use and a dedicated power source for the electrical heating equipment.

  4. At least one GFCI-protected receptacle outlet for use by the occupant(s).

• G. Ventilation. Emergency Sleeping Cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the Authority Having Jurisdiction.

• H. Smoke and Carbon Monoxide alarms. Emergency Sleeping Cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314 and one carbon monoxide alarm installed in accordance with the California Residential Code, Section R315. A single dual function alarm will meet this requirement.

• I. Privacy Lock. Each Emergency Sleeping Cabin shall have a privacy lock on each entrance door and all windows.

• (Ord. 30199.)

• A. Existing Buildings for Emergency Housing. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing, and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings, as determined by the Authority Having Jurisdiction. New additions, change of occupancy and alterations to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition, alteration, or change of occupancy, except to the extent subsection B applies.

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• B. Existing Buildings During Shelter Crisis. When existing residential and nonresidential buildings or structures occupied as an Emergency Bridge Housing Community during a shelter crisis, the provisions of subsection A shall apply except that: (i) the new construction requirements of the California Building Standards Code shall apply only to and/or within the specific area of the addition or alteration and (ii) changes in occupancy shall not mandate compliance with the new construction requirements of the California Building Standards Code, provided the new occupancy meets the minimum fire and safety requirements as determined by the Authority Having Jurisdiction, including the requirements of Section 5.09.430.

• C. Emergency Transportable Units. Emergency transportable units shall be permitted to be used as emergency housing, emergency housing facilities and for emergency bridge housing communities. Any alteration of such units shall be approved by the Department of Housing and Community Development, except where copies of the alteration plans have been submitted to the Department of Housing and Community Development for review, and when such alteration and use is determined by the Building Official and City Fire Marshal to be compliant with applicable fire and life safety provisions set forth in this Chapter.

• (Ord. 30199.)

• A. Lighting. Buildings or structures used for emergency housing shall be provided with natural light by means of exterior glazed openings in accordance with Section 1205.2 of the California Building Code, or shall be provided with artificial light in accordance with Section 1205.3 of the California Building Code.

• B. Ventilation. Buildings or structures used for emergency housing shall be provided with natural ventilation in accordance with Section

1203.5 of the California Building Code, or mechanical ventilation in accordance with the California Mechanical Code.

• C. Egress. Buildings or structures used for emergency housing shall be provided with means of egress complying with Chapter 10 of the California Building Code, unless modified as determined by the Authority Having Jurisdiction.

• D. Emergency escape and rescue. Each area of a building or structure used for sleeping purposes in emergency housing shall be provided with an emergency escape and rescue opening in accordance with Section 1030 of the California Building Code, unless modified else as determined by the Authority Having Jurisdiction.

• E. Smoke alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, shall be equipped with single station battery powered smoke alarms installed in accordance with the location requirements of Section 907.2.11 of the California Fire Code, unless modified as determined by the Authority Having Jurisdiction.

• F. Carbon monoxide alarms. Buildings or structures used for emergency housing, which provide sleeping accommodations, and are equipped with fuel-burning appliances shall be provided with carbon monoxide detection in accordance with Section 915 of the California Fire Code, unless modified as determined by the Authority Having Jurisdiction.

• (Ord. 30199.)

Part 5

SITE DEVELOPMENT

Sections:

• A. City Standard Conditions. Site Development for Emergency Bridge Housing Communities

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shall comply with the City standard conditions for Bridge Housing Communities developed in consultation with the City's Department of Planning, Building and Code Enforcement entitled "Conditions/Provisions for Bridge Housing Communities required for CEQA Compliance" and approved by the Director of the Department of Planning, Building and Code Enforcement.

B. Environmental Review. Development of Emergency Bridge Housing Communities shall be subject to review under the California Environmental Quality Act of 1970 ("CEQA"), together with related State CEQA Guidelines and Title 21 of the San José Municipal Code. C. Air Quality. Emergency Bridge Housing Communities shall comply with the CEQA guidelines of the Bay Area Air Quality Management District dated May 2017.

• D. Biological. Emergency Bridge Housing Communities shall comply with the federal Migratory Bird Treaty Act and with City of San José habitat conservation plan, to the extent applicable.

• E. Cultural. Development of Emergency Bridge Housing Community sites shall obtain a Historic Resources Assessment report; and in the event that report identifies historic resources, impact and analysis study will be required.

• F. Geology and Soils. Development of Emergency Bridge Housing Community sites shall comply with the requirements of the City's National Pollutant Discharge Elimination System permits, to the extent applicable.

• G. Greenhouse Gas Emission. Emergency Bridge Housing Communities shall comply with the State Greenhouse Gas Emission reporting rules, to the extent applicable.

• H. Emergency Response Plan. Emergency Bridge Housing Communities shall prepare prior to occupancy an Emergency Response Plan developed in consultation with the Fire Department.

the requirements of the City's National Pollutant Discharge Elimination System permits and any California Department of Transportation permits, to the extent applicable.

• J. Land Use. Development of Emergency Bridge Housing Communities shall comply with the Santa Clara Valley Habitat Plan, to the extent applicable.

• K. Noise and Vibration. Development of Emergency Bridge Housing Communities should be on sites with exterior noise levels not in excess of 70dbA (24 hour leq ) in the Emergency Sleeping Cabin areas or as determined by the Authority Having Jurisdiction. Interior noise levels shall be further limited as determined by the Authority Having Jurisdiction.

• L. Emergency Access. Emergency Bridge Housing Communities shall prepare prior to construction an Emergency Vehicle Access Plan developed in consultation with the Fire Department.

• M. Utilities and Service Systems. Development of Emergency Bridge Housing Community sites shall comply with the requirements of the City's National Pollutant Discharge Elimination System permits and any California Department of Transportation permits, to the extent applicable.

(Ords. 30199, 30906, 31082.)

• A. Buildings on same lot. Buildings or structures used for emergency housing, including Emergency Sleeping Cabins, shall be separated from each other and from other buildings on the same lot as set forth in Section 705.3 of the California Building Code. The Building Official and City Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent fire and life safety is achieved.

• I. Hydrology. Development of Emergency Bridge Housing Community sites shall comply with

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• B. Fire alarm. A manual fire alarm system capable of arousing sleeping occupants in accordance with Section 907.2.10.1 of the California Fire Code shall be installed in buildings, structures, or groups of buildings or structures used for emergency housing and having a gross floor area of more than 2,500 square feet or having more than 49 sleeping occupants. Exception: Individual buildings or structures in a group of buildings or structures with sufficient separation distances to allow each building or structure to function independently in case of a fire, as approved by the City Fire Marshal.

• C. Fire extinguishers. Portable fire extinguishers shall be provided in accordance with Section 906.1 of the California Fire Code.

• D. Flammable or combustible liquids. The possession or storage of any flammable or combustible liquids or gases shall not be permitted (intact cigarette lighters excepted). The use of any type of open flame indoors or outdoors is prohibited unless approved by the City Fire Marshal.

• E. Storage in attics, under-floor and concealed spaces. Combustible materials, including but not limited to the possessions of occupants, users and staff shall not be stored in attics, under-floor spaces, or within other concealed spaces of buildings or structures used for emergency housing.

• F. Water supply. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the City Fire Marshal, shall be provided for each structure, group of structures or premises used for emergency housing.

• G. Fire Access. Fire Department access to building and premises used for emergency housing shall be in compliance with Section 503, Appendix D and Section 504 of the California Fire Code, as approved by the City Fire Marshal.

• H. Identification. Emergency housing shall be designated by address numbers, letters, or other

• suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background.

• I. Accessibility. Emergency housing shall comply with the applicable requirements in Chapter 11B of the California Building Code and/or the US Access Board Final Guidelines for Emergency Transportable Housing.

• (Ord. 30199.)

Part 6

OPERATIONS

Sections:

• A. Operating procedures: Operating procedures including a security plan and service requirements shall be adopted by the City Housing Department and incorporated in any leases or contracts with operators and service providers. These procedures shall be designed to maintain order and safety within the buildings or structures used for emergency housing. At a minimum, the standards will address:

  1. Participant Eligibility.

  2. The Plan for Transitioning to Permanent Housing.

  3. Appeal Procedures.

  4. Property Management and Maintenance. 5. Site Rules.

  5. Complaints.

  6. Security Plan.

  7. Required Staffing and Security.

  8. Required On-Site Supportive Services.

  9. Fire and Emergency Procedures.

  10. Incident Management and Reporting.

  11. Neighborhood Relations.

  12. Affordable Rent.

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• B. Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housing sites shall be kept clean and free from accumulation of debris, filth, garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists hereunder, as determined by the Authority Having Jurisdiction.

• C. Fire hazards. Dangerous materials or materials that create a fire hazard as determined by the Authority Having Jurisdiction, shall not be allowed on the grounds within emergency housing sites.

• (Ord. 30199.)