Division C22 — SHELTER CRISIS DEVELOPMENTS

Sec. C22-1. - Purpose.

This Division sets forth the requirements for the design, development, and operation of Temporary Homeless Shelters on land owned or leased by the County during any Shelter Crisis declared by the Board of Supervisors.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-2. - Definitions.

For purposes of this Division, the following definitions shall apply:

(a)

Mobile Shelter Community means a development on County owned or leased land used for the temporary parking or placement of Recreational Vehicles serving as shelters for homeless persons.

(b)

Recreational Vehicle or RV has the meaning provided in Health and Safety Code § 18010.

(c)

Shelter Crisis means a crisis recognized and declared by a resolution of the Board pursuant to Government Code § 8698.2.

(d)

Temporary Homeless Shelter means a temporary facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared Shelter Crisis. A Temporary Homeless Shelter community may include supportive and selfsufficiency development services. Temporary Homeless Shelters may include Mobile Shelter Communities.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-3. - General provisions.

(a)

This Division shall apply only to Temporary Homeless Shelters developed and occupied during a Shelter Crisis on land owned or leased by the County.

(b)

Temporary Homeless Shelters shall comply with the following requirements:

(1)

Temporary Homeless Shelters required to be accessible shall comply with the applicable requirements in Chapter 11B of the County Building Code or, if applicable, the U.S. Access Board Final Guidelines for Emergency Transportable Housing.

(2)

Temporary Homeless Shelters 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 Temporary Homeless Shelter sites shall be kept clean and free from accumulation of debris, filth, garbage, and deleterious matter. Temporary Homeless Shelters shall not be occupied if, as determined by the County, substandard conditions exist, including violations of the requirements of this paragraph.

(3)

Dangerous materials or materials that create a fire hazard, as determined by the County Fire Marshal, shall not be allowed on the grounds within Temporary Homeless Shelter sites.

(4)

Temporary Homeless Shelters 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 four inches (102 mm) in height and not less than one-half inch (12.7 mm) in width, installed or painted on a contrasting background.

(5)

Potable drinking water shall be provided for all occupants of Temporary Homeless Shelters.

(6)

Where occupants of units without kitchens are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen. The kitchen may be used by the staff and occupants of the Temporary Homeless Shelter only and shall not be accessible to or used to serve the public. Refrigerated storage shall be provided for safe storage of food.

(7)

When occupants of Temporary Homeless Shelters occupy units that do not include their own restrooms, the Temporary Homeless Shelter site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The County may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding by the County that the type and ratio of toilet and bathing facilities are sufficient to accommodate the anticipated needs and use of the occupants of the Temporary Homeless Shelter and process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees Fahrenheit (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. All toilet and bathing facilities and lavatories must be connected to an approved connection to a public sanitary sewer or an onsite wastewater treatment system in compliance with Chapter IV of Division B11 of this Code.

(8)

All garbage, kitchen waste, and rubbish shall be deposited in approved covered receptacles, which shall be emptied on at least a weekly basis or more frequently if required by the County, and the contents shall be disposed of in a sanitary manner acceptable to the County.

(9)

Prior to commencing operation, the operator of the Temporary Homeless Shelter shall provide a Facility and Supportive Service Plan to the County Office of Supportive Housing for review and approval. The Facility and Supportive Service Plan must include policies and procedures addressing the prevention of vermin

infestations, prevention and control of infectious diseases, ratios of staff to residents, separation of residents in any common (dormitory-style) sleeping areas, storage of residents' belongings, accommodation of transgendered clients according to their gender of identification, and the accommodation of children and infants. The Facility and Supportive Service Plan shall conform to any additional criteria established by the County Office of Supportive Housing. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the Office of Supportive Housing.

(10)

The Temporary Homeless Shelter shall provide sufficient outdoor lighting to provide visibility at entrances, common outdoor areas, and parking areas and minimum level emergency egress lighting to a public way as required by the County Building Code.

(11)

Temporary Homeless Shelters shall prohibit smoking and possession or use of illegal drugs and alcohol on the premises.

(12)

Temporary Homeless Shelters shall prohibit possession of firearms or other weapons by residents.

(13)

Temporary Homeless Shelters shall comply with the applicable noise and vibration control provisions of Chapter VIII of Division B11 of this Code.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-4. - Recreational vehicles.

(a)

Temporary Homeless Shelters may include Mobile Shelter Communities.

(b)

Occupancy in Mobile Shelter Communities shall be provided to individual residents for no more than 12 months. Extensions up to a total stay of 24 months may be provided if the operator demonstrates that no alternative housing is available.

(c)

The Office of Supportive Housing may require RVs to undergo inspection by the County for exterior leaking prior to or after being parked or placed in a Mobile Shelter Community. Any required repairs shall be the responsibility of the unit owner.

(d)

Prior to commencement of operation, operators of Mobile Shelter Communities shall establish a plan to address the disposal of sewage from RVs, storage of hazardous materials, solid waste storage and disposal, drinking water supply, and any other topic deemed necessary by the Public Health Department. The plan must be submitted to the Public Health Department with payment of applicable fees for review and approval.

(e)

Utility connections to RVs, if permitted, must meet the applicable provisions of Chapter 2.2 of Division 1 of Title 25 of the California Code of Regulations, and any other criteria established by the County, unless an exemption is permitted by the County Building Official and County Fire Marshal.

(f)

The blocking, chocking, leveling, raising, or tying down of an RV shall comply with any requirements established by the County.

(g)

Each Mobile Shelter Community site may be enclosed with visual screening at its exterior boundaries provided such screening includes adequate openings for emergency vehicle access.

(h)

Each RV occupying a space shall maintain at least a ten-foot setback from any building or other RV. Each RV shall be located at least 20 feet from any abutting property or public right-of-way. Clusters of RVs exceeding 10,000 square feet (100 feet x 100 feet) shall be separated by fire breaks or roads of not less than 20 feet in width.

(i)

Configuration of the Mobile Shelter Community shall be such that fire apparatus can obtain access to within 150 feet of all portions of each RV for fire suppression purposes. Where on site fire apparatus access is required, such access roads shall be prepared with an all-weather surface capable of supporting the minimum required load of the responding fire jurisdiction.

(j)

Streets or paths within a Mobile Shelter Community shall have the following minimum clearance widths:

Adequate roadway space for turn-arounds shall be provided. Turn-arounds on required, dead end fire apparatus access roads that exceed 150 feet shall meet the minimum dimensions specified by County Standard SD-16.

(k)

No repairs, restoration, or any mechanical maintenance shall be permitted on the premises of a Mobile Shelter Community. Vehicles must be removed from the Mobile Shelter Community for any repairs or maintenance. Repair, restoration, or maintenance materials, including batteries, antifreeze, and other vehicle fluids, may not be stored or disposed of within a Mobile Shelter Community.

(l)

Mobile Shelter Communities shall have access to an approved water supply sufficient for manual fire suppression operations. Acceptable methods of compliance shall be as approved by the County Fire Marshal.

(m)

Fires shall be allowed only in non-solid-fuel burning stoves and other approved equipment intended for cooking purposes and placed in safe and convenient locations, where they will not constitute fire hazards to vegetation, undergrowth, trees, or RVs. No open fires are allowed.

(n)

Portable fire extinguishers shall be distributed throughout the site with a rating and spacing as specified by the County Fire Code.

(o)

Onsite operational personnel must be trained in and responsible for fire watch and implementation of a prepared emergency plan, which will be onsite and accessible to all residents. The plan shall include evacuation routes and sites, contact information for emergency response agencies, elevation of the Mobile Shelter Community, types of disasters common to the area, any public warning signals used in the community, and any local emergency broadcast station frequency location.

(Ord. No. NS-1100.130, § 1, 11-6-18; Ord. No. NS-300.1002, § 67, 10-21-25)

Sec. C22-5. - Existing buildings.

(a)

Temporary Homeless Shelters may include shelters developed within existing buildings owned or leased by the County. Such existing buildings may include buildings that were previously occupied by a use other than a homeless shelter and may also include buildings concurrently occupied by other uses if all County Building Code requirements for mixed use and occupancy, including occupancy separation requirements, are met.

(b)

Existing buildings or structures shall be allowed to be used as Temporary Homeless Shelters provided that:

(1)

The buildings comply with the County Building Code provisions and/or other regulations in effect at the time of original construction;

(2)

The buildings are connected to public sanitary sewers;

(3)

The buildings are not substandard buildings or substandard or unsafe for use as a Temporary Homeless Shelter, as determined by the County Building Official and County Fire Marshal, due to their occupancy classification or use;

(4)

Alterations to the building for the use of the building as a Temporary Homeless Shelter comply with County Building Code provisions effective at the time of alteration and do not create substandard or unsafe conditions for such use, as determined by the County Building Official and County Fire Marshal; and

(5)

The building shall be in compliance with the County Fire Code provisions applicable to maintenance of existing facilities.

(c)

Occupancy shall be provided to individual residents for no more than 12 months. Extensions up to a total stay of 24 months may be provided if the operator demonstrates that no alternative housing is available.

(d)

Sleeping areas shall be provided with smoke and carbon monoxide alarms as required by the County Building Code and County Fire Code. Fire extinguishers shall be provided and maintained as required by the County Fire Code.

(e)

If the existing building does not meet the minimum fire protection system requirements for the occupancy proposed, acceptable mitigation thereto shall be as approved by the Fire Marshal.

(f)

All sleeping areas shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit at any point three feet above the floor.

(g)

If the Temporary Homeless Shelter provides residents with separate rooms with doors, residents must be able to lock the doors and windows while in their rooms, and staff must have keys to all rooms.

(h)

The occupant load assigned to any legally established existing building used as a Temporary Homeless Shelter shall not be exceeded for the entire shelter or individual rooms used as sleeping areas. If the originally assigned occupant load is not known, the occupant load shall not exceed the maximum occupant load as approved by the Building Official and Fire Marshal. Occupant loads of existing buildings may be increased or decreased in accordance with applicable provisions of the County Building Code and County Fire Code when approved by the Building Official and Fire Marshal. However, the maximum occupant loads shall not be less than 70 square feet for one occupant and, when more than one person occupies the building, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of one.

(i)

The size, number, and arrangement of exits in sleeping rooms shall comply with the County Building Code. All sleeping rooms shall have an exit door or a window that complies with the requirements of the County Building Code for emergency egress from sleeping areas.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-6. - Other homeless shelter facilities.

Subject to approval by the Board, additional types of Temporary Homeless Shelter facilities may be developed in compliance with section C22-3 of this Code.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-7. - Modification or waiver of criteria.

Modification or waiver of the requirements and standards of this Division may be granted by the Board if the Board finds that, under the circumstances, compliance with the modified or remaining requirements or standards adequately provides for the health and safety of Temporary Homeless Shelter residents and the public.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-8. - Enforcement.

Enforcement of this Division shall be implemented by the Director of the Department of Planning and Development, Building Official, Fire Marshal, and Director of Environmental Health. Nothing in this Division shall be construed to deprive County departments and agencies of the authority to enforce Code provisions incorporated by reference in this Division.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-9. - Sunset provision.

This Division shall become inoperative and is automatically repealed on the date that Government Code § 8698.4 expires or is repealed. This Division shall remain operative during any period in which Government Code § 8698.4 remains in effect, including periods of extension.

If a Shelter Crisis extends beyond the expiration or repeal date of Government Code § 8698.4, Temporary Homeless Shelters developed under this Division may be converted to permanent homeless shelters, provided that the permanent homeless shelters are in compliance with all laws, regulations, and requirements that would apply to the properties they occupy in the absence of a Shelter Crisis, including any applicable provisions of the County Building Code, and any applicable required permits have been issued for the conversion or use.

(Ord. No. NS-1100.130, § 1, 11-6-18)

APPENDIX I - ZONING[[1]]

Footnotes:

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Editor's note— Printed in this appendix is Ord. No. 1200-307, as adopted by the County on January 28, 2003, and effective on March 1, 2003. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Cross reference— Land use and zoning requirements for massage establishments, § B22-3; special flood hazard areas, § C12-800 et seq.

ARTICLE 1. - GENERAL PROVISIONS CHAPTER 1.10. - TITLE AND PURPOSE