HomeMy WebLinkAboutOrdinance 2790 N.C.S. 09/13/2021 DocuSign Envelope ID:C8712C76-9656-4778-BD26-3356E32BA296
EFFECTIVE DATE URGENCY ORDINANCE NO. 2790 N.C.S.
OF ORDINANCE
September 13 2021
Introduced by: Dennis Pocekay Seconded by: Brian Barnacle
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING
REASONABLE LOCAL STANDARDS AND PROCEDURES FOR THE DESIGN AND SITE
DEVELOPMENT OF HOMELESS SHELTERS AND THE STRUCTURES AND FACILITIES
THEREIN AT THE CITY MANAGER'S DISCRETION FOR PROJECTS OF THE CITY OF
PETALUMA TO PROVIDE EMERGENCY HOUSING PURSUANT TO SECTIONS 8698-8698.4 OF
THE CALIFORNIA GOVERNMENT CODE AND DECLARING THE URGENCY THEREOF, TO
TAKE EFFECT IMMEDIATELY
WHEREAS,the 2020 Sonoma County Point-in-Time Count of individuals experiencing homelessness within
the City of Petaluma demonstrated a three year high of 296 individuals on a given night, 133 of whom were
unsheltered;1 and
WHEREAS, the 2020 results of the Point in Time Count specific to Petaluma demonstrated an increase of
approximately 12% from 265 individuals in 2019; and
WHEREAS, the population of people experiencing homelessness in Petaluma includes veterans, women,
children, persons with disabilities and other vulnerable communities; and
WHEREAS, there is a shortage of available and deed restricted affordable housing units in Petaluma due to
the very low rental vacancy rate (approximately 1 percent); and
WHEREAS,people experiencing homelessness continue to reside on the streets, along creeks and pathways,
and in unauthorized encampments in Petaluma; and
WHEREAS, such conditions pose threats to the safety, health, and well-being of the persons without shelter
and to other community members and the environment due to lack of security and adequate cooking or sanitation
facilities; and
WHEREAS,these threats to the health and well-being of persons without shelter have been exacerbated due
to impacts of the COVID-19 pandemic; and
WHEREAS, activities carried out at unauthorized encampments may cause additional sanitation, health and
safety impacts to the surrounding community and natural environment, including the riparian corridor of the
Petaluma River, and can and have generated fires that are especially dangerous in the current extreme drought
conditions; and
WHEREAS,people experiencing homelessness are often unable to follow the Order of the Health Officer of
the County of Sonoma C19-22 Guidance to quarantine in an isolated and safe environment if infected by or
exposed to COVID-19; and
1 https:Hsonomacounty.ca.gov/CDC/Homeless-Services/Homeless-Count/
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WHEREAS, the increased spread of the highly contagious COVID-19 delta variant as stated in the Order of
the Health Officer of the County of Sonoma C 19-25 reaffirms the need for social distancing and mask wearing
for all including vaccinated individuals; and
WHEREAS,the infection of 107 individuals, including staff and people being housed at the Samuel L. Jones
Hall Shelter in the City of Santa Rosa in July of 2021 confirms the danger of spreading COVID-19 in enclosed
congregant shelter settings in the region;2 and
WHEREAS, the aforementioned public health measures and rise in cases in congregant shelters has
necessitated modification and reduction in beds available at Petaluma's Mary Isaak Center resulting in less
available shelter and services for unsheltered individuals; and
WHEREAS, in an effort to better serve people experiencing homelessness within the City of Petaluma amid
the ongoing housing crisis and increased housing demand and decreased housing supply and in response to the
COVID-19 pandemic, staff has begun to explore innovative housing options to increase the number of available
shelter beds with appropriate spacing to ensure that individuals are able to follow public health guidelines for
their protection and the protection of the entire community; and
WHEREAS, the Federal Eviction Moratorium ends in October 2021 and future extensions are uncertain,
which may lead to a surge of evictions across the county and region; and
WHEREAS, the complexity and magnitude of the homelessness crisis and the limited supply of affordable
permanent housing in the City of Petaluma demonstrate that there is a significant and immediate need for interim
housing in the County, including emergency shelter, to protect the life, health, and safety of people experiencing
homelessness; and
WHEREAS, strict compliance with the provisions of state and local regulatory statutes, regulations, and
ordinances prescribing standards of housing, health, safety, and environmental impact assessment may prevent,
hinder, or delay emergency housing measures that could be expedited through a Declaration of Shelter Crisis; and
WHEREAS, on September 25, 2020, Governor Newsom signed into law Assembly Bill 2553, which
extended certain provisions of the Shelter Crisis Law that originally only applied to specified cities (Oakland,
Berkley, and San Jose)to authorize any jurisdiction to declare a shelter crisis under California Government Code
Section 8698.2., and AB 2553 adds section 8698.4 to the Government Code giving cities and counties regulatory
flexibility regarding building codes and land use regulations and establishes a California Environmental Quality
Act (CEQA) exemption to expedite the construction of shelters, adds safe parking sites as an eligible form of
shelter, and extends the sunset of these provisions to January 1, 2026; and
WHEREAS, AB 2553 permits cities that proclaim local shelter crises to adopt an ordinance establishing
reasonable local standards and procedures for the design, site development and operation of homeless shelters
and the structures therein, to the extent it is determined at the time of adoption that strict compliance with state
and local standards or laws in existence at the time of adoption would in any way prevent, hinder or delay the
mitigation of the effects of the shelter crises, so long as the local standards at a minimum meet the standards in
the 2019 California Residential Code Appendix X, and California Building Code Appendix O, and any future
standards adopted by the Department of Housing and Community Development related emergency housing or
emergency housing facilities, absent findings stating why the minimum standards cannot be met and how the
standards in the ordinance protect health and safety; and
z https://www.pressdemocrat.com/article/news/more-than-100-residents-at-sonoma-countys-largest-homeless-shelter-positiv/
Ordinance No. 2790 N.C.S. Page 2
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WHEREAS,AB 2553 also requires that cities that declare a shelter crisis after January 1, 2021 develop a
plan by July 1, 2022 to address the shelter crisis, including, but not limited to, the development of homeless
shelters and permanent supportive housing, as well as onsite supportive services; and
WHEREAS, on September 13, 2021, City Council declared a local Shelter Crisis by adoption of Resolution
No. 2021-149 N.C.S.; and
WHEREAS, Resolution No. 2021-149 N.C.S., adopted on September 13, 2021, directs the City Manager or
her designee to pursue strategies to increase shelter opportunities for those experiencing homelessness, including
implementation of Government Code section 8698.4 for purposes of homeless shelter regulatory relief,additional
CEQA exemptions, and establishment of reasonable local standards and procedures for the design, site
development, and operation of homeless shelters on city-owned and leased sites; and
WHEREAS, the City's discretionary application process and compliance with the City's Implementing
Zoning Ordinance requirements will prevent,hinder, and/or delay the City's efforts to mitigate the current Shelter
Crisis due to the expense and time required by the City's discretionary Site Plan and Architectural Review process,
and may limit the locations where the City can place homeless shelters; and
WHEREAS, Government Code Section 36937 permits ordinances to take effect immediately for the
immediate preservation of the public peace, health or safety, so long as such ordinances are passed by a four-
fifths vote of the City Council and contains a declaration of the facts constituting the urgency; and
WHEREAS, Section 76A of the Petaluma City Charter authorizes the adoption of ordinances for the
immediate preservation of the public peace, health or safety, which contain a declaration of and the facts
constituting its urgency, so long as such ordinances are passed by a unanimous vote of the Council members
present at the time of adoption; and
WHEREAS, adoption of this urgency ordinance is not subject to the California Environmental Quality Act
("CEQA") in that the action is excluded from the definition of a project by Section 21065 of the California Public
Resources Code and Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines because it is
organizational or administrative activity of government that will not result in direct or indirect physical changes
to the environment, and the action is necessary to prevent or mitigate an emergency and therefore is statutorily
exempt from CEQA pursuant to Section 21080(b)(4) of the Public Resources Code and Section 15269(c) of the
CEQA Guidelines; and
WHEREAS, CEQA does not apply to actions taken by a state agency or a city to lease, convey, or encumber
city-owned land or to facilitate the lease, conveyance or encumbrance of city-owned land for or to provide
financial assistance to, a homeless shelter constructed or allowed by Government Code Section 8698.4.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. Findings.
1. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance
as findings of the City Council.
2. The facts contained in the above recitals and the Shelter Crisis that has been declared in the City of
Petaluma pursuant to Resolution No. 2021-149 N.C.S. approved on September 13, 2021
conclusively demonstrate the urgent need to adopt this ordinance for the immediate preservation of
the public peace, health and safety.
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3. Strict compliance with local building approval procedures and/or state or local housing, health,
habitability,planning and zoning, or safety standards,procedures, and laws in existence at the time
of adoption of this ordinance will prevent, hinder, or delay the City's efforts to mitigate the effects
of its declared Shelter Crisis through:
a. expense and time necessary to obtain the required permits and design suitable structures;
b. restricted development patterns under existing zoning code requirements;
b. delay and staff resources necessary to satisfy the City's Site Plan and Architectural Review
process; and
c. limits on the locations where the City can place homeless shelters.
Section 2. Exemptions from CEQA. Adoption of this urgency ordinance is not subject to the California
Environmental Quality Act ("CEQA") in that the action is excluded from the definition of a project by Section
21065 of the California Public Resources Code and Sections 15061(b)(3) and 15378(b)(5) of the State CEQA
Guidelines because it is organizational or administrative activity of government that will not result in direct or
indirect physical changes to the environment, and the action is necessary to prevent or mitigate an emergency
and therefore is statutorily exempt from CEQA pursuant to Section 21080(b)(4) of the Public Resources Code
and Section 15269(c) of the CEQA Guidelines. CEQA does not apply to actions taken by a state agency or a city
to lease, convey, or encumber city-owned land or to facilitate the lease, conveyance or encumbrance of city-
owned land for or to provide financial assistance to, a homeless shelter constructed or allowed by Government
Code Section 8698.4.
Section 3.Reasonable Local Standards and Procedures for the Design and Site Development of Homeless Shelters
and the Structures and Facilities Therein. The City Manager or her designee are authorized in their sole discretion
to suspend compliance with local building approval procedures or state or local housing, health, habitability,
planning and zoning, or safety standards and procedures, for projects of the City of Petaluma to provide
emergency housing on City owned or leased property; except all such projects must comply with the 2019
California Residential Code Appendix X, and California Building Code Appendix O, and any future standards
adopted by the Department of Housing and Community Development related to emergency housing or emergency
housing facilities.
Section 4. Effective Date. This ordinance is hereby declared to be necessary for the immediate preservation of
the public peace, health and safety of the City of Petaluma and its citizens, and shall take effect and be in force
from and after its final passage by unanimous vote of the members of the City council present at the time of its
adoption in accordance with Section 76A of the Petaluma City Charter and Section 36937 of the California
Government Code. In addition to the facts demonstrating the urgency of this action in the recitals above that have
been incorporated into this ordinance as findings of the City Council, additional facts demonstrating the urgent
need for this ordinance's adoption and immediate effect include: the need for staff and City consultants to
immediately prepare plans for homeless shelters before the federal eviction moratorium expires and before the
rainy winter season starts; and the need to address and mitigate the surge in COVID-19 delta variant cases.
Section 5. Sunset. This ordinance shall expire, be repealed and ceased to be of further effect without further
action of the City Council upon the expiration of the Shelter Crisis declared pursuant to Resolution No. 2021-149
N.C.S. adopted September 13, 2021. As of the date this ordinance was adopted, Resolution No. 2021-149 N.C.S.
provided that the Shelter Crisis declared pursuant to that resolution would expire on December 31, 2022, unless
the Shelter Crisis declaration is extended by action of the City Council prior to that time.
Section 6. Submittal to California Department of Housing and Community Development. The City Clerk is
hereby directed to file a copy of this Ordinance, with the California Department of Housing and Community
Development in accordance with California Government Code Section 8698.4(a)(2)(A)(i).
Ordinance No. 2790 N.C.S. Page 4
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Section 7. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any
reason held to be unconstitutional,unlawful or otherwise invalid by a court of competent jurisdiction or preempted
by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional,unlawful or otherwise invalid.
Section 8. Posting/Publishing of Notice. The City Clerk is hereby directed to post/publish this ordinance or a
synopsis of this ordinance for the period and in the manner required by the City Charter.
INTRODUCED, ordered posted, and ADOPTED this 13th day of September 2021 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell, Miller
Noes: None
Abstain: None
Absent: None
DocuSigned/byy.
604102 48F42E...
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: Docu
;z nSigned by:
Keri9a4Wose;CMC, City Clerk Eric F anly;4�ity Attorney
Ordinance No. 2790 N.C.S. Page 5