RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT DECLARING A SHELTER CRISIS PURSUANT TO SB 850
(STAT.2018, CH. 48) AND GOVERNMENT CODE SECTION 8698, ET SEQ., AND ADOPTING MINIMUM LOCAL BUILDING AND LIFE
SAFETY STANDARDS FOR FACILITIES CONSTRUCTED OR
CONVERTED FOR EMERGENCY HOUSING
________________________________________________________________
WHEREAS, the City of Fremont (“City”) acknowledges that it is facing a serious affordable housing crisis with thousands of residents living in unhoused or in substandard housing conditions; and
WHEREAS, the number of homeless persons in the latest 2024 point-in-time count was 807 individuals in Fremont, and this number is likely to increase given the substantial upward pressure of residential rents anticipated reduction in funding for supportive housing; and
WHEREAS, the number of homeless in Fremont is significant and these persons cannot obtain shelter; and
WHEREAS, the current number of homeless individuals in Fremont far outpaces the number of existing shelter beds, transitional housing, or permanent supportive housing units available; and
WHEREAS, homelessness encampments have increased substantially across Fremont, within the public right-of-way, thereby exposing homeless individuals to traffic hazards, increased vulnerability to crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services and other conditions that are detrimental to their health and safety; and
WHEREAS, Fremont residents are being affected by the increasing number of unsheltered individuals with regard to traffic and pedestrian safety, lack of sanitation and debris services; and
WHEREAS, the City has adopted a Homelessness Response Plan and has undertaken efforts to combat homelessness; and
WHEREAS, the City adopted a Homeless Response Plan on May 21, 2004 that includes strategies to address homelessness such as expanding shelter capacity for people who are unsheltered; and
WHEREAS, the City Council finds that urgent and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards, and that flexibility and broad-based approaches are essential to increase capacity, particularly given the funding and staff resources that have been committed; and
WHEREAS, California Government Code Section 8698 et seq. (State Shelter Crisis Statute), and specifically Section 8698.4, allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and
WHEREAS, on September 18, 2018, the City adopted Resolution No. 2018-60 declaring a shelter crisis pursuant to SB850 (Stat. 2018, CH. 48) and Government Code Section 8698 et seq., and adopting minimum local building life safety standards for facilities constructed or converted for emergency housing; and
WHEREAS, the resolution adopting the shelter crisis established the declaration to remain in effect until September 30, 2024 and the City did not extend the shelter crisis declaration prior to its expiration; and
WHEREAS, previously the State Shelter Crisis Statute had sunset unless extended, but the State Shelter Crisis Statute was recently amended to extend through January 1, 2036, thereby authorizing longer terms for local declared shelter crisis legislation; and
WHEREAS, the State Shelter Crisis Statute provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis; and
WHEREAS, California Government Code Section 8698.4(a)(2)(A)(ii) provides that during the period in which the City has adopted a shelter crisis, and provided that the City has adopted and complies with such health and safety standards and procedures approved by HCD consistent with ensuring minimal public health and safety, the provisions of any housing, health, habitability, planning and zoning, or safety standards, procedures, or laws shall be suspended for homeless shelters, and landlord tenant laws providing a cause of action for habitability shall be suspended for homeless shelters; and
WHEREAS, California Government Code Section 8698.4 provides that during a declaration of a shelter crisis, state and local law requirements that homeless shelters be consistent with local land use plans and the General Plan shall be suspended; and
WHEREAS, Statewide building standards for emergency housing were incorporated into the 2025 California Building Code through Appendix Q, and the 2025 California Residential Code through Appendix CJ, and on November 18, 2025, the City Council adopted Ordinance No. 13717 adopting the Emergency Housing appendices, including local amendments that had been previously approved by HCD; and
WHEREAS, the City affirms its commitment to combatting homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in the community; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fremont, as follows:
SECTION 1. FINDINGS. The City Council hereby finds that the above recitals are true and correct.
SECTION 2. DECLARATION OF SHELTER CRISIS. The City Council declares that a shelter crisis pursuant to Government Code Section 8698 et seq. currently exists within the City of Fremont, and authorizes the City Manager or designee to apply for Homeless Housing, Assistance and Prevention (HHAP) funds that are administrated by the California Department of Housing and Community Development (HCD).
SECTION 3. DURATION OF SHELTER CRISIS. This declaration of a shelter crisis shall remain in effect until January 1, 2036, provided that every two years the City Council shall review the declaration, and shall evaluate progress toward long-term goals for eliminating homelessness by making additional affordable, supportive housing available within the City.
SECTION 4. LOCAL MINIMUM BUILDING AND LIFE SAFETY STANDARDS. The local minimum building and life safety standards attached hereto as Attachment 1 are adopted within the City of Fremont during the pendency of the shelter crisis.
SECTION 5. CEQA. Environmental review of any specific future emergency housing projects that might be facilitated by this action would be speculative at this time due to the absence of specific proposals for the development of emergency housing. Moreover, there is nothing unusual about the proposed actions in terms of size, location, scope, or other circumstance that is expected to have a significant environmental effect. Therefore, future individual projects (which currently are speculative in nature and undefined as to extent, timing and location) providing emergency housing are likely to be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), Section 15311 (Accessory Structures), Section 15332 (In Fill Development Projects), Section 15183 (projects consistent with General Plan or Zoning) and/or under the statutory CEQA exemption embodied in Government Code section 8698.4(a)(4). Accordingly, the adoption of the proposed shelter crisis declaration is exempt from review under CEQA pursuant to, without limitation CEQA Guidelines Section 15378(b)(2), (b)(5) and/or 15061(b)(3), in that it is an administrative activity that can be seen with is not a project that may have a significant effect on the environment..
SECTION 6. SEVERABILITY. If any provision of this resolution, including any provision of Attachment 1, is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the resolution shall continue in effect except to the extent it would frustrate the City Council’s intent in adopting the resolution.
SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption.
ADOPTED ______________, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Attachment 1
MINIMUM BUILDING AND LIFE SAFETY STANDARDS
FOR TEMPORARY HOMELESS SHELTERS
Background and Authority:
During a declared shelter crisis, Government Code Section 8698.1 authorizes a local agency to suspend state and local statutes, regulations, or ordinances prescribing standards for housing, health, or safety to the extent reasonably necessary to mitigate impacts of the crisis. The statute encourages agencies to adopt minimum local health and safety standards that will apply in lieu of the California Building Standards Code to additional public facilities used to provide emergency housing.
Typically, use of an existing facility for emergency housing purposes constitutes a change of use for purposes of the California Building Standards Code. However, Section 108 of the 2025 California Building Code grants the local building official some discretion to authorize temporary uses of buildings and structures for a period of 180 days or less.
Application:
This policy outlines the minimum fire and life safety requirements that will apply during a declared shelter crisis in the City of Fremont. The policy applies to the following:
1. Public facilities not previously used for emergency housing that are used or converted to use as emergency shelters during a declared shelter crisis;
2. Public facilities previously used for emergency housing that are used for any period of not more than 180 days during a declared shelter crisis; and
3. Existing private facilities used for emergency housing for any period of not more than 180 days during a declared shelter crisis.
Note: During a declared shelter crisis, new private facilities are subject to Appendices CJ - Q to the Building Code and Residential Codes (“Appendices CJ ”), as applicable, and are also subject to these building and life safety requirements to the extent they are more restrictive.
General Standard:
A facility to which this policy applies shall comply with the following:
1. In the case of an existing facility, the state and local building code requirements in effect at the time the facility was first constructed, based upon its intended occupancy and use prior to being used or converted for use for emergency housing purposes;
2. Appendices Q and CJ to the Building and Residential Codes respectively, as applicable (except that the temporary use of an existing facility for emergency housing, or the opening of additional public facilities to the homeless pursuant Government Code Section 8698.1, shall not constitute a change in occupancy); and
3. These building and life safety requirements.
Standards:
1. Areas within a facility used for residential uses and functions shall be separated from any areas used for assembly or other nonresidential uses or functions by a 1-hour area separation if the residential area is sprinkled, or by a 2-hour separation if not sprinkled. A temporary exemption from this requirement may be granted by the Fire Marshal for an existing facility that does not pose any abnormal fire risk, exceeds requirements for provision of smoke and carbon monoxide detectors and fire extinguishers, and provides adequate emergency egress, and if that the facility will have staff on duty at all hours while residents are sleeping to provide fire watch and to assist in the event of an evacuation.
2. For private facilities with an existing assembly occupancy, the maximum number of residents shall be nine people, and not more than 10 percent of the area of the existing assembly occupancy shall be dedicated for use as emergency housing. Existing occupancy classifications with the same relative hazard rating may be considered on a case-by-case basis.
3. A minimum sleeping area shall be supplied of 70 square feet for the first occupant and 50 square feet for each additional occupant.
4. Smoke detectors shall be provided per manufacturer specifications and located in accordance with Section 907.2.11 of the California Fire Code, with at least one detector provided for every 900 square feet or fraction thereof. Additional smoke detectors shall be required if the building is partitioned in a manner that diminishes audibility. Note: A single station 10-year battery operated smoke detector is acceptable. Where buildings or structures used for emergency housing are equipped with fuel-burning appliances, carbon monoxide detectors shall be provided in accordance with Section 915 of the California Fire Code.
5. Any emergency housing facilities larger than 2,500 square feet or having more than 49 sleeping occupants shall be equipped with a manual fire alarm system capable of arousing sleeping occupants in accordance with Section 907.2.11 of the California Fire Code. This rule applies to buildings, structures, or groups of buildings or structures except for groups of buildings or structures determined by the Fire Marshal to have sufficient separation distances to allow each building or structure to function independently in the case of fire.
6. At least one 2A/10BC fire extinguisher shall be provided in the sleeping area, and the maximum travel distance between any area of the facility used by residents and a fire extinguisher shall be 75 feet.
7. Onsite toilet and shower facilities will be made available to residents, which may be provided through portable exterior facilities if not otherwise available onsite.
8. There shall be at least one emergency egress door or window that leads directly from the sleeping area to the public way, which shall comply with Chapter 10 of the Building Code unless modified by Appendices Q. If a window is used for emergency egress, it shall have a clear opening of at least 5.7 square feet in size, including a clear width of at least 20 inches, and a clear height of at least 24 inches. The bottom of the window shall not be more than 44 inches above the floor.
9. Exits shall remain clear at all times, and exit distances are required to comply with the current Building and Fire Code requirements.
10. New buildings or structures used for emergency housing, including sleeping cabins, shall be located in accordance with the requirements of Table 602 and Section 705 of the California Building Code, based on their type of construction and fire-resistance ratings of the exterior walls; provided that if open spaces will remain unobstructed for the duration of the shelter crisis, fire separation distances may be measured to existing buildings on adjacent parcels rather than to interior lot lines.
11. New buildings or structures used for emergency housing, including 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 Fire Marshal may accept reasonable alternatives to these requirements provided reasonably equivalent building and life safety is achieved.
12. All buildings and structures used for emergency housing facilities shall be equipped with automatic fire sprinklers as required by Section 903.3 of the California Fire Code, provided that the Fire Marshal may grant exemptions from strict compliance with Section 903.3. A temporary exemption from this requirement may be granted by the Fire Marshal for an existing facility that does not pose any abnormal fire risk, exceeds requirements for provision of smoke and carbon monoxide detectors and fire extinguishers, and provides adequate emergency egress, and if that the facility will have staff on duty at all hours while residents are sleeping to provide fire watch and to assist in the event of an evacuation.
13. The possession or storage of any flammable or combustible liquids or gasses in areas of any building or structure used for emergency housing shall not be permitted, intact cigarette lighters and ordinary cleaning fluids and toiletries excepted. Neither shall combustible materials, including the possessions of occupants, users, and staff, be stored in attics, under- floor spaces, or within other concealed spaces of those areas of any buildings or structures with sleeping accommodation used for emergency housing. The use of any type of open flame indoors is prohibited unless conditionally approved by the Fire Marshal.
14. Fire Department access to buildings, structures, and premises shall be in accordance with Section 503, Appendix D and Section 504 of the California Fire Code, or as approved by the Fire Chief.
15. An approved fire protection water supply complying with Section 507 of the California Fire Code, or as approved by the Fire Chief, shall be provided for each structure, group of structures, or premises used for emergency housing.
16. Appropriate consideration should be made for accessibility, including by individuals who use wheel chairs or other mobility devices. Use in conjunction with a government sponsored or funded program shall require accessibility upgrades.
17. Site and operational plans shall be reviewed in advance by the Building, Planning, and Fire Departments, and a life safety survey shall be required prior to occupancy.