HomeMy WebLinkAboutOrdinance 2861 N.C.S. 09/18/2023 DocuSign Envelope ID:8873FB56-63FF-4ECB-B209-7F1F70CE9CE5
EFFECTIVE DATE ORDINANCE NO. 2861 N.C.S.
OF ORDINANCE
October 18, 2023
Introduced by: Dennis Pocekay Seconded by: Janice Cader Thompson
AN 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
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 I-
bedroom apartment in Petaluma is $2,381; and
'https:Hsonomacounty.ca.gov/Main%20CogDty%20 S ite/Health%20and%2OHuman%20 Services/Health%20 Services/Documents/Hom
elessnes s%20 S ervices/Homeless%2OData/County%2OoP/`20 Sonoma%202022%2OPoint-in-Time%2OCount%2OResults.pdf
2 Id.
'City of Petaluma 2023-2031 Housing Element;Page A-13
4 Id;Page A-15
Ordinance No. 2861 N.C.S. Page 1
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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"6; and
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
5https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2023_code/2023 summary.odn?fips=0609799999&year=2023&selection_type=
county&finrtype=Final
6 Housing Element;Page A-10
Ordinance No. 2861 N.C.S. Page 2
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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
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 an urgency ordinance 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 September 13, 2021, City Council also adopted an urgency ordinance, Ordinance No. 2790
N.C.S. Creating Flexibility in Local Standards and Procedures for the Design and Site Development of Shelters
for People Experiencing Homelessness and the Structures and Facilities Therein at the City
Manager's Discretion; 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
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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
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. 2023-139 N.C.S. adopted on September 11,2023 conclusively demonstrate the urgent
need to adopt this ordinance for the immediate preservation of the public peace, health and safety.
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;
c. delay and staff resources necessary to satisfy the City's Site Plan and Architectural Review process;
and
d. 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
Ordinance No. 2861 N.C.S. Page 4
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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.
Notwithstanding the previous paragraph, the location for any homeless shelter pursuant to this ordinance shall
be at the discretion of City Council.
Section 4. Effective Date. This ordinance shall become effective thirty(30) days after the date of its adoption by the
Petaluma City Council.
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. 139 N.C.S.
adopted September 11,2023. As of the date this ordinance was adopted,Resolution No. 139 N.C.S.provided that
the Shelter Crisis declared pursuant to that resolution would expire on 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.
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).
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 and ordered published and posted this 11th day of September 2023.
ADOPTED this 18th day of September 2023 by the following vote:
Ayes: Mayor McDonnell, Councilmembers Cader Thompson, Barnacle, Healy, Nau, Pocekay, Shribbs
Noes: None
Abstain: None
Absent: None
Ordinance No. 2861 N.C.S. Page 5
DocuSign Envelope ID:8873FB56-63FF-4ECB-B209-7F1 F70CE9CE5
DocuSigned by:
KevinLFY41
1CWOnnell, Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
F,R
Kami Noriega, Interim City Clerk Eric an y, ity Attorney
Ordinance No. 2861 N.C.S. Page 6