DATE: January 30, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Title
Housing Emergency: Adopt a Resolution Declaring a State of Emergency on Homelessness, Temporarily Suspending Applicable Local Planning and Zoning Requirements for Publicly Owned Property and Specified Private Property to Enable Flexible Responses to the Homelessness Crisis, and Determining that the Common Sense CEQA Exemption Applies
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RECOMMENDATION
Recommendation
That the City Council adopts a resolution (Attachment II) that: 1) declares a State of Emergency on homelessness: 2) temporarily suspends applicable local planning and zoning requirements for publicly owned sites and specified private property to enable flexible responses to the homelessness crisis; and 3) determines that the common sense CEQA exemption applies (Attachment II).
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SUMMARY
There is an ongoing homelessness crisis in Hayward and across the state. Hayward City Council has prioritized responding to this crisis through multiple policies and programs over the last several years, which contributed to a 22% reduction in homelessness in Hayward from 2019 to 2022. However, continued efforts are required to maintain this response and continue to support the individuals and families at risk of and currently experiencing homelessness. In Hayward, continued response to the homelessness crisis includes ensuring that the City and its non-profit partners are able to quickly establish shelters and other service locations for individuals experiencing or at risk of experiencing homelessness. Existing shelters and other service providers experienced increased demand during the pandemic as health and safety precautions required reducing capacity, finding innovative ways to prevent the spread of COVID-19 at shelters, and adapting service delivery models to continue providing essential supports while navigating COVID-19 risks. Increased demand and continued health and safety precautions require more immediate efforts to support existing shelters and service providers as they serve individuals and families experiencing or at risk of experiencing homelessness in Hayward.
As allowed by state law, Council used emergency shelter crisis declarations to increase the local shelter capacity on publicly owned land in 2018, 2019, and 2021. Under the previous shelter crisis declarations, provisions of any housing, health, habitability, planning and zoning procedures or laws are temporarily suspended for homeless shelters to the extent that strict compliance poses a hindrance to mitigating the shelter crisis. State law enables local jurisdictions to adopt interim health and safety standards that are consistent with ensuring minimal public health and safety standards. Since this law only applies to shelters located on public property/facilities, Council adopted a resolution in 2023 to temporarily suspend planning and zoning requirements for existing homeless shelters located on specified private property. These temporary actions align with the City’s most recently updated Housing Element of the General Plan, which includes action items to explore innovative and alternate housing options that provide greater flexibility, support services, and programs that are part of the local homeless system Continuum of Care, and to explore funding and feasibility for safe parking and safe camping programs for individuals and families experiencing homelessness.
On September 19, 2023, the Alameda County Board of Supervisors (BOS) adopted a countywide state of emergency on homelessness. The BOS declaration of a state of emergency on homelessness is intended to provide the County with additional tools to accelerate and expand its response to homelessness, as outlined in its Home Together Plan, and in collaboration with the County’s city and non-profit partners. The BOS directed staff from the Health Care Services Agency Office of Homeless Care and Coordination (OHCC) to return with recommendations for implementing this response. One of the OHCC recommendations was for the County to work with cities to adopt a local state of emergency specific to individual jurisdictions.
Staff recommend that Council adopt a resolution that: 1) declares a State of Emergency on homelessness in alignment with the County declaration and 2) temporarily suspends applicable local planning and zoning requirements for city-owned property and specified private property to enable flexible responses to the homelessness crisis. The City Council has the authority to temporarily suspend these requirements under its police power pursuant to Article XI, Section 7 of the California Constitution, and authority over municipal affairs pursuant to Article XI, Section 5 of the California Constitution, and Section 200 of the City Charter. Suspension of the requirements would not occur in instances where the health and safety of residents or the surrounding community are at risk.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution