HomeMy WebLinkAboutResolution 2023-139 N.C.S. 09/11/2023 DocuSign Envelope ID: EB544C77-7C84-4B28-85B7-BF6F3D9923AF
Resolution No. 2023-139 N.C.S.
of the City of Petaluma, California
DECLARING A SHELTER CRISIS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTIONS 8698 - 8698.4
WHEREAS, the 2022 Sonoma County Point-in-Time Count showed that countywide homeless census
numbers increased slightly from 2,745 to 2,8931; and
WHEREAS,the 2022 Sonoma County Point-in-Time Count of individuals experiencing homelessness within
the city of Petaluma found that 293 individuals on a given night, and that about 75% of these individuals were
unsheltered;2 and
WHEREAS, according to data from the Petaluma Health Center, approximately 750 unique households
experienced homelessness in Petaluma at some point in 2021, which is 150% greater than the PIT results; and
WHEREAS, the population of people experiencing homelessness in Petaluma includes veterans, women,
children, persons with disabilities and other vulnerable communities; and
WHEREAS, the recently adopted Petaluma 2023-203 Housing Element (Housing Element) states that the
vacancy rate for owner-occupied units was 0.1 percent, while rental units had a vacancy rate of 1.6 percent, and
that"these vacancy rates indicate that the current housing stock is in high demand in Petaluma and that residents
may have challenges finding housing within the community"3; and
WHEREAS, there is a shortage of available and deed restricted affordable housing units in Petaluma due to
the very low rental vacancy rate; and
WHEREAS, the Housing Element states that since 2011 housing prices in Sonoma County has more than
doubled, including Petaluma's home values increasing by more than 130%;4 and
WHEREAS, Table A15 in the City's Housing Element shows that the average monthly rental price for a 1-
bedroom apartment in Petaluma is $2,381; and
WHEREAS, according to the U.S. Department of Housing and Urban Development the 2023 Fair Market
Rent for Sonoma County is $1,711 for a one-bedroom apartment, an increase from $1,549 in 20225; and
WHEREAS,Table A8 in the City's Housing Element shows that 44.6%of all renters in Petaluma pay at least
30% of their household's income to rent and are therefore "cost burdened'; and
'https:Hsonomacounty.ca.gov/Main%20CogDty%20 S ite/Health%20and%20Human%20 Services/Health%20 Services/Documents/Hom
elessnes s%20 S ervices/Homeless%20Data/County%20oP/`20 Sonoma%202022%20Point-in-Time%20Count%20Results.pdf
2 Id.
s City of Petaluma 2023-2031 Housing Element;Page A-13
'Id;Page A-15
'https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2023_code/2023 summary.odn?fips=0609799999&year=2023&selection_type=
county&firirtype=Final
6 Housing Element;Page A-10
Resolution No. 2023-139 N.C.S. Page 1
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WHEREAS, the shelter crisis is exacerbated due to the high costs of housing in Sonoma County and in
particular Petaluma; 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 persons without shelter and
other community members and to the environment due to lack of security and adequate cooking or sanitation
facilities; 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 resulted in fires that are especially dangerous in the current extreme drought
conditions; and
WHEREAS, the aforementioned public health measures and rise in cases in the unhoused community 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, 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 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 city, 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
WHEREAS, 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
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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 must 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
WHEREAS, AB 2553 also requires that cities that declare a shelter crisis after January 1, 2021 develop a
plan 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 by July 1, 2022; and
WHEREAS, AB 2553 additionally requires cities that declare a shelter crisis submit an annual report under
Government Code section 8698.4 to the Senate Committee on Housing and the Assembly Committee on
Housing and Community Development; and
WHEREAS, on September 13, 2021, City Council adopted Resolution No. 2021-149 N.C.S. which
declared a shelter crisis and adopted Urgency Ordinance No. 2790, which created flexibility in local standards
and procedures for the design and site development of shelters for people experiencing homelessness and the
structures and facilities within the city; and
WHEREAS, on June 20, 2022, the City Council adopted Petaluma's first Strategic Plan to End
Homelessness (Plan), which provides guidance and priorities for City policies, programs and investments over a
three-year period ending June 30, 20258; and
WHEREAS, the Plan calls for building a homeless system of care that will be able to end long-term,
chronic homelessness in Petaluma by the end of 2025 and in the process, create a crisis response system that
ensures homelessness becomes a rare, brief, and one-time experience in our community; and
WHEREAS, Resolution No. 2021-149 N.C.S. and Urgency Ordinance No. 2790 N.C.S. expired on
December 31, 2022; and
WHEREAS, shelter crisis declarations 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
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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 RESOLVED, by the Petaluma City Council as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference as findings of the City Council.
2. Based on its review of the entire record herein, the City Council makes the following additional findings:
a. A significant number of persons within Petaluma are without the ability to obtain shelter which has
resulted in a threat to the health and safety of those persons, the environment and the surrounding
community.
c. Petaluma's low vacancy rate for rental housing further exacerbates the shelter crisis.
d. Based on its review of the entire record the Declaration of a Shelter Crisis is not subject to 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
CEQA Guidelines because it is organizational or administrative activities of government that will not
result in direct or indirect physical changes to the environment and the proposed action is necessary to
prevent or mitigate an emergency and therefore statutorily exempt from CEQA pursuant to Section
21080(b)(4) of the Public Resources Code and Section 15269(c) of the Guidelines.
e. 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.
3. The Petaluma City Council declares a Shelter Crisis exists in the city of Petaluma pursuant to California
Government Code Title 2, Division 1, Chapter 7.8 including Sections 8698 through 8698.4.
4. The City Council directs the City Manager or her designee to pursue strategies to increase shelter opportunities
for those experiencing homelessness, including through implementation of Government Code section 8698.4
regulatory relief, additional CEQA exemptions, and reasonable local standards and procedures for the design, site
development and operation of homeless shelters on City-owned and leased sites.
5. In accordance with Section 8698.4(a)(5)(D) of the Government Code, the City Council also directs the City
Manager or her designee to update the City Homeless Services Plan to address the shelter crisis that was adopted
by City Council on June 20, 2022, Resolution No. 2022-110 N.C.S. as needed.
6. In accordance with Section 8698.4(a)(6) of the Government Code, the City Council also directs the City
Manager or her designee to report by January I of each year while the Shelter Crisis declaration is in effect with
the information required in Section 8698.4(a)(6) to the Senate Committee on Housing and the Assembly
Committee on Housing and Community Development.
7. The Shelter Crisis declaration pursuant to this resolution will expire and cease to be in effect without further
action of the City Council upon the expiration of Government Code Section 8698.4 or unless the Shelter Crisis
declaration is extended or terminated by action of the City Council prior to that time.
Resolution No. 2023-139 N.C.S. Page 4
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 1 lth day of September "igned by:
2023,by the following vote:
City ttorney
Barnacle,Cader-Thompson,Healy,Nau,Pocekay,Shribbs,Mayor McDonnell
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
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ATTEST: 184689A429E4492... FE316449A062476...
City Clerk Mayor
Resolution No. 2023-139 N.C.S. Page 5