Item Coversheet

Agenda Item No: 26.






AGENDA REPORT

DATE:

October 20, 2020 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:

Public Hearing;

 

and Urgency Ordinance 2020-19 of the City Council of the City of Fairfield Implementing a Program to Allow Temporary Shelter Services to be Provided at Existing Churches or Other Places of Worship and at Other Existing Assembly Uses Subject to Conditions


RECOMMENDED ACTION 
Waive full reading, read by title only, and adopt urgency ordinance 2020-19.
STATEMENT OF ISSUE 

The City lacks sufficient shelter space to house unsheltered homeless individuals and families. Existing religious facilities have expressed interest in providing shelter on a temporary basis, but such activities are often not allowed under the City’s Zoning Ordinance. Individuals who are homeless are at especially high-risk for COVID-19 due to a lack of access to sanitation, health care, and other resources. Therefore, City Council is asked to adopt an Urgency Ordinance implementing a Temporary Sheltering Program that would allow shelter services to be provided at existing church facilities and other assembly uses, subject to a permit process.

DISCUSSION

City Council adopted a comprehensive Homeless Strategy in 2017 that includes four critical components:

1) Protect Health & Welfare;

2) Connection to Services;

3) Supportive Housing; and

4) Regional Homeless Strategy. Reducing homelessness continues to be a priority for City Council.

 

The City is aware of several churches and other religious facilities that would like to provide temporary homeless shelter services in order to help address the homelessness crisis and lack of shelter space. This crisis has been exacerbated by the COVID-19 emergency and the need to provide housing that minimizes the risks of COVID-19 for a population that is particularly vulnerable due to the lack of resources and access to health care.

 

In the past, some churches provided “nomadic sheltering,” whereby churches housed homeless individuals on a rotating basis at a different church on different nights of the week. The City’s current Zoning Ordinance does not clearly address or allow temporary or nomadic sheltering at churches or other places of worship, or at assembly uses more generally. While religious facilities may include accessory uses associated directly with worship service, including living quarters for clergy and staff and child or senior day care facilities, other regular activities of a church are classified according to the activity type and regulated accordingly. In addition, religious facilities and other assembly uses are often not intended for overnight human occupancy, and so may not be compliant with critical life safety standards under the City’s building and fire codes.  

 

The proposed Urgency Ordinance would establish a Temporary Shelter Program in Chapter 5A of the City Code to allow existing religious facilities and other assembly uses to obtain a permit to provide shelter for homeless individuals and families on a temporary basis. The Temporary Shelter Permit program will be administered by the Manager of the Homeless Services Division in the City Manager’s Office, in coordination with the Planning Division, Building Division, Fire Department, and Police Department to best ensure the safety of those being housed, with minimal impacts on the surrounding community. To minimize the costs to facilities wishing to provide shelter services, no fee will be charged for processing permit applications.  However, facilities that will require additional permits for fire or building code compliance may be charged the normal permit fees.   

 

As part of the permitting process, an applicant will need to obtain a Zoning Clearance from the City’s Planning Division. The standards for this Zoning Clearance will be codified in a new Section 25.32.20, require that the temporary shelter will be operated as an ancillary use subordinate to the principal use of the facility, and be located at least 1,000 feet from any other temporary shelter or homeless shelter use.

 

Chapter 5A establishes specific operating criteria for permitted temporary shelters with respect to the maximum number of people, duration, monitoring and other operational controls. Additional site-specific conditions may be imposed on individual permits to ensure the health, safety, and general welfare of the individuals being provided shelter, shelter operators, and the surrounding neighborhood.  Prior to permit issuance the Fire Department and the Building Division will perform inspections to ensure that the portion of the facility to be used as a temporary shelter meets the applicable building and fire code requirements for the use.


FINANCIAL IMPACT
There is likely no financial impact to the City.  Though there will not be a fee charged for the Temporary Shelter Services permit, applicants may be charged fees for any fire or building code compliance. Additionally, City staff are not anticipating a high volume of requests for such a permit, so impacts on staff are likely to be minimal.  
CITY COUNCIL WORKPLAN 
Community Safety
 Community Infrastructure Quality of Life
Financial and Operational Sustainability Economic Development Travis Air Force Base

City Council Goal this item supports: 
Community Safety, Quality of Life
 

Priority Project:
#3B.1 Homeless Strategy Implemenation (QOL Department Initiatives)
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 

A Public Hearing Notice was published in the Daily Republic newspaper on October 10, 2020.

 

As an Urgency Ordinance, this item was not reviewed by the Planning Commission. The emergency shelter issue has, however, been the subject of repeated public comment during the past year. The proposed Ordinance is intended to address community concerns by regulating temporary shelter programs and through providing a legal option for meeting the shelter crisis. 


ALTERNATIVE ACTION 

The City Council could choose not to adopt the proposed Urgency Ordinance, or could direct staff to make changes to the Urgency Ordinance.

STAFF CONTACT 

Dawn M. La Bar, Homeless Services Manager

dlabar@fairfield.ca.gov

(707) 428-7749


COORDINATED WITH 
City Attorney's Office, Community Development Department, Fire Department, Police Department, Public Works Department
ATTACHMENTS:
Description
Proposed Urgency Ordinance
REVIEWERS:
ReviewerActionDate
Burrows, SamanthaApproved10/5/2020 - 8:38 PM
Alexander, AmberApproved10/6/2020 - 11:12 AM