Chapter 5.09 — EMERGENCY BRIDGE HOUSING

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 point-in-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 Supportive 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 re-housing 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 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.)

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.

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

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 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 on-site 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.)