DATE: January 30, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: 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
RECOMMENDATION
That the City Council adopts a resolution 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 flexibl e responses to the homelessness crisis, and 3) determines that the common sense CEQA exemption applies (Attachment II).
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 declaration s, 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.1 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.2
On September 19, 2023, the Alameda County Board of Supervisors (BOS) adopted a countywide state of emergency on homelessness. 3 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.
BACKGROUND
There is an ongoing local and state-wide homelessness crisis, leading to a continued need for emergency shelter and services for individuals and families experiencing or at risk of
1 February 7, 2023, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6016044&GUID=969B2045-A073-4043-90BB- 1659E2882811&Options=&Search=
2 City of Hayward 2023-2031 Housing Element https://www.hayward- ca.gov/sites/default/files/City_of_Hayward_2023_2031_Housing%20Element_Certified.pdf 3 September 19, 2023, Alameda County Board of Supervisors Staff Report and Materials:
https://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_09_19_23/GENERAL%20ADMINISTR ATION/Set%20Matter%20Calendar/President%20Miley_356939.pdf
experiencing homelessness. In recognition of this crisis, the Alameda County BOS adopted a resolution declaring a state of emergency on homelessness in September 2023 and County staff requested that cities adopt comparable local declarations.
Every two years, the US Department of Housing and Urban Development (HUD) requires communities to conduct a Point -in-Time (PIT) Count of individuals, youth, and families experiencing homelessness and provide accompanying data. The PIT count provides a “snapshot” of homelessness (both sheltered and unsheltered) in the community and nationally.
Alameda County held the most recent PIT Count on February 23, 2022, which was the first count since January 2019 due to the COVID-19 pandemic. The next PIT Count is scheduled for January 25, 2024.
According to 2022 PIT Count data, there was a 22% increase in homelessness across Alameda County, with 9,747 total individuals experiencing homelessness in 2022 compared to 8,022 individuals in 2019. Unlike the Countywide trend, there was a 22% decrease in homelessness in Hayward, with 381 individuals experiencing homelessness in 2022 compared to 487 total individuals in 2019.4 Over the past several years, Council has prioritized responding to th e affordable housing and homelessness crisis in several ways:
October 2018: Council adopted a resolution declaring a shelter crisis in Hayward in 2018. At the time, there were only 63 shelter beds in Hayward, with over 300 individuals experiencing unsheltered homelessness. 5 Council extended the shelter crisis declaration in 2019 for implementation of the Housing Navigation Center and again in 2021 to allow construction of an emergency shelter for transitional-age youth.6, 7 January 2020: Council adopted the Strategic Roadmap. The Strategic Roadmap’s Preserve, Protect, and Produce Housing for All priority area includes implementing a homelessness reduction strategic plan, as well as projects related to incentivizing housing production for all.8
4 For a detailed discussion of the PIT Count findings and methodology, see the staff report from the June 28, 2022, Council meeting: https://hayward.legistar.com/LegislationDetail.aspx?ID=5709698&GUID=55CE1563-86DB- 4F2F-8D3E-F5ADBBB68E84&Options=&Search=
5 October 2, 2018, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648-8632- 2BFE62A97107&Options=&Search=
6 January 22, 2019, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A-881C- 6180A91CBA9A&Options=&Search=
7 February 23, 2021, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4803667&GUID=7C811874-F8C6-4590-9385- 736AD8D65638&Options=&Search=
8 April 26, 2022, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5565349&GUID=459912E5-E1C0-4580-BE80- 3DFEFBC33C72&Options=&Search=
March 2020: Council adopted the Workplan to Incentivize Housing Production, which included a mid -term strategy of expanding locations where emergency shelters are allowed as a permitted use with a conditional or other discretionary use permit.9 July 2021: Council adopted the Let’s House Hayward! (LHH) Strategic Plan, which highlighted the need for additional emergency shelters in the City and included strategies for expanding housing -focused shelter capacity and developing crisis response services to protect the dignity and health of unsheltered individuals and families in Hayward.10
February 2023: Council adopted a Resolution to temporarily suspend applicable local planning and zoning requirements for homeless shelters located on specified private property, enabling existing shelters operated by local non -profit organizations to respond to capacity constraints created by the COVID-19 pandemic. Housing Element: The Housing Element is an Element of the Hayward 2040 General Plan and must be updated every eight years in accordance with State Law. The City Council adopted the updated Housing Element on February 7, 2023, which was certified by the State Department of Housing and Community Development on July 27, 2023. The 2023-2031 Housing Element contains specific Goals, Programs, Policies, and Actions to support housing opportunities for special needs groups, which include individuals experiencing homelessness (Program H-13: Variety of Housing Types).
On September 19, 2023, the Alameda County Board of Supervisors (BOS) adopted a countywide state of emergency on homelessness. 11 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 and another is to explore innovative land use options to support increases in housing, shelter, and services to support those experiencing homelessness.
DISCUSSION
As discussed in local and regional plans to respond to and prevent homelessness, as well as in the BOS emergency declaration, flexibility to support emergency shelters and service providers that support homeless individuals and families and those at risk of becoming homeless are key
9 March 3, 2020, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4345462&GUID=5E3353DD-0839-4361-AED3- B7EB4102CBE3&Options=ID%7CText%7C&Search=Housing+Production 10 July 13, 2021, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=
11 September 19, 2023, Alameda County Board of Supervisors Staff Report and Materials:
https://www.acgov.org/board/bos_calendar/documents/DocsAgendaReg_09_19_23/GENERAL%20ADMINISTR ATION/Set%20Matter%20Calendar/President%20Miley_356939.pdf
components in homelessness response and prevention .12 Council has established its commitment to supporting these efforts through prior shelter crisis declarations and temporary suspension of zoning and planning requirements for shelters operated on privately owned land by local non -profit and faith -based providers, w hich enabled existing shelter providers to respond to increased demand for shelter as providers continued to adapt and respond to the COVID-19 pandemic. In doing so, Council acknowledged that increased demand for emergency shelter coupled with the need to ensure basic health and safety means that more immediate efforts are required to support existing emergency shelters.
In addition to needing flexibility for existing shelter providers, the BOS emergency declaration identified the need to streamline and expedite the expansion of services, creation of housing, and land use to support service providers doing work that responds to and prevents homelessness. While the City has already addressed issues for existing shelter providers on private land, the prior shelter crisis declaration has expired. Additionally, there is currently no mechanism in place for increasing efficiency and flexibility for other services that support those experiencing or at risk of experiencing homelessness.
Staff recommends Council adopt a resolution declaring a state of emergency on homelessness and temporarily suspending applicable local planning and zoning requirements on publicly owned land and specified private property. Doing so would accomplish the following key steps in addressing the homelessness crisis in Hayward and Alameda County:
Temporarily implement activities proposed as Zoning Text Amendments in the Housing Element, which will be permanently implemented by January 2025. These activities include Actions 13.1 through 13.7 to allow innovative and alternative housing options with wraparound services on land owned by the City, churches, and non-profits; to develop objective standards for such uses; and to expand the opportunities for group housing and housing for individuals with disabilities and those experiencing homelessness.
Create flexibility for the City and its partners to increase shelter and service capacity. In addition to shelter flexibility, this resolution will allow the City and partners to more efficiently stand up programs to support those experiencing homelessness, such as mental health and substance use programs.
Allow Council to maintain minimum health and safety standards as well as oversight of operators on privately owned land while enabling efficient service provision. By adopting this proposed resolution, Council would authorize the City Manager or her designee to develop requirements to ensure minimum compliance with health and safety standards. It would further authorize the City Manager or her designee to reserve the right to revoke use allowances occurring on privately owned land if operations cease or fail to meet the City’s expectations for effective, safe, and ethical service provision.
As this resolution is broader in scope, it would supersede Resolution 23-028 and would take precedence to the extent that Resolution 23-028 may be in conflict. The City Council has the
12 For more information on regional plans to respond to and prevent homelessness, visit https://homelessness.acgov.org/reports.page and https://www.allhomeca.org/
authority to temporarily suspend these requirements pursuant to its pol ice power under 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 .
Temporary suspension of these will not occur i n instances where the health and safety of residents or the surrounding community are at risk.
Staff recommends that this temporary suspension remain in place until December 31, 2026, during which time staff will work with community stakeholders to develop permanent local regulations to meet Council’s strategic goals as described in the Strategic Roadmap, Incentives to Housing Production Workplan, and LHH Strategic Plan.
Adoption of this resolution is subject to the “common sense” exemption contained in section 15061 of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. However, individual shelter projects may still require CEQA review.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.
Specifically, this item relates to the implementation of the following projects:
Project H2: Implement Let’s House Hayward: the Homelessness Reduction Strategic Plan
Project H4: Implement housing incentives and production work plan in accordance to state housing limits
ECONOMIC IMPACT
Temporarily suspending certain planning and zoning requirements increases flexibility and efficiency for sh elter and service providers to serv e individuals and families experiencing homelessness, while ensuring that minimum health and safety standards are met. This has a positive economic impact by helping to lower the unsheltered population in Hayward, reducing the economic strain on emergency and maintenance services. It can also have a positive economic impact on local businesses in the Downtown and other commercial areas of Hayward through continuing to provide services to the unsheltered population and reducing homelessness.
FISCAL IMPACT
This item is an administrative action with no fiscal impact on the City’s General Fund.
PUBLIC CONTACT
Each of the strategic documents referenced in the Background section of this report had extensive public contact, including focus groups, interviews, and public hearings. Staff will do
additional public outreach over the next several months as part of the implementation of activities specified in the Housing Element.
NEXT STEPS
This resolution addresses urgent needs of homeless shelter and service providers. Following the adoption of this emergency resolution, City staff will initiate Zoning Text Amendments as outlined in Program H-13 of the Housing Element.
Prepared by: Amy Cole-Bloom, Community Services Manager Leigha Schmidt, Principal Planner
Recommended by: Regina Youngblood, Assistant City Manager Sara Buizer, Development Services Director
Michael Vigilia, Senior Assistant City Attorney
Approved by:
__________________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member ___________
RESOLUTION DECLARING A STATE OF EMERGENCY ON HOMELESSNESS AND
TEMPORARILY SUSPENDING APPLICABLE LOCAL PLANNING AND ZONING
REQUIREMENTS FOR PUBLICLY OWNED PROPERTY AND SPECIFIED
PRIVATE PROPERTY TO ENABLE FLEXIBLE RESPONSES TO THE
HOMELESSNESS CRISIS
WHEREAS, the City of Hayward is experiencing a housing emergency and the City Council of the City of Hayward unanimously passed Resolution No. 18-207, declaring that a Shelter Crisis, pursuant to Government Code § 8698.2, exists in the City of Hayward; and
WHEREAS, the Council extended Resolution No. 18-207 two times in response to the ongoing shelter crisis (Resolution No. 19-014 and Resolution No. 21-026); and
WHEREAS, the Council unanimously passed Resolution No. 23 -028 to temporarily suspend applicable local planning and zoning requirements for existing homeless shelters located on specified private property; and
WHEREAS, Council adopted Resolution 20 -032 approving the Workplan to Incentivize Housing Production in the City of Hayward, which included a mid -term strategy of expanding locations where emergency shelters are allowed as a permitted use with a conditional or other discretionary use permit; and
WHEREAS, Council adopted Resolution 21 -138 approving and adopting the Let’s House Hayward! Strategic Plan to reduce homelessness, which highlighted the need for additional emergenc y shelters in the City and included strategies for expanding housing - focused shelter capacity and developing crisis response services to protect the dignity and health of unsheltered individuals and families in Hayward; and
WHEREAS, Council adopted Resolution 23-033, adopting a General Plan Amendment to update the Housing Element of the General Plan for the period of 2023 -2031, which contains specified A ctions to amend the Zoning Ordinance by January 2025 to allow innovative and alternative housing options with wraparound services on land owned by the City, churches, and non-profits; to develop objective standards for such uses; and to expand the opportunities for group housing and housing for individuals with disabilities and those experiencing homelessness; and
WHEREAS, according to the 2022 Everyone Home Point-in-Time homeless count, there are 381 homeless individuals in Hayward, of whom 70% (267) are unsheltered; and
ATTACHMENT II
WHEREAS, a ccording to the 2022 Everyone Home Point-in-Time homeless count, 24% of sheltered individuals have a mental illness and 8% have a substance use iss ue, with experts indicating that these numbers are likely higher among the unsheltered population; and
WHEREAS, the current number of homeless individuals in Hayward far exceeds the number of existing shelter beds, transitional housing or permanent supportive housing units available; and
WHEREAS, unauthorized homelessness encampments are increasing across parts of Hayward within the public right of way, thus exposing homele ss individuals to traffic, hazards, 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, the Board of Supervisors of the County of Alameda adopted Resolution No. 2023-499 declaring a state of emergency on homelessness in Alameda County and directing County staff to engage with local jurisdictions to coordinate responses; and
WHEREAS, given the extent of the homelessness crisis, Council finds that more immediate efforts are necessary to develop additional solutions to the homelessness crisis that are safe and meet basic habitability standards and that flexibility and broad -based approaches are essential to increase shelter and services capacity; and
WHEREAS, private organizations such as non -profit organizations, churches, and other non -governmental organizations that operate homelessness services located on private property serve an important role in addressing the existing homelessness crisis; and
WHEREAS, strict compliance with existing local planning and zoning requirements create obstacles to operation of homeless services on public, as well as on private property owned or controlled by private organizations such as faith -based and non-profit organizations; and
WHEREAS, the City of Hayward, pursuant to Section 200 of the City Charter and Article XI, Section 5 of the California Constitution, may make and enforce all laws and regulations in respect to municipal affairs; and
WHEREAS, the City of Hayward, pursuant to Article XI, Section 7 of the California Constitution may exercise its police powers to make and enforce ordinances and regulations to promote the public health, safety, and welfare; and
WHEREAS, the purpose of this Resolution is to temporarily suspend enforcement of local planning and zoning requirements to the extent that strict compliance with such requirements would otherwise prevent operation of shelters and other services b enefiting individuals and families experiencing or at risk of experiencing homelessness on public and specified private property; and
ATTACHMENT II
WHEREAS, during the effective period of this Resolution, the City Manager or her designee may establish interim municipal health and safety provisions and land use controls may be applied to facilities ensuring minimum public health and safety standards; and
WHEREAS, this Resolution further authorizes the City Manager or her designee , on behalf of the City, to reserve its right to revoke use allowances made under this Resolution if operators that make use of the provisions fail to meet the City’s expectations for effective, safe, and ethical service provision; and
WHEREAS, during the effect ive period of this Resolution, City staff will develop permanent local regulations reflecting those included in the Housing Element of the General Plan for the period of 2023 -2031, which will be presented to Council for review and approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council:
1. Finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and
2. Determines that this Resolution shall remain in place until December 31, 2026; and
3. Finds that a significant number of persons in Hayward are without the ability to obtain shelter and necessary services to exit homelessness, and that this situation has resulted in a threat to the health and safety of these persons, for the reasons set forth above; and
4. Declares, for the term of this Resolution, that planning or zoning requirements for land uses involving services supporting those who are homeless or at risk of becoming homeless operated on publicly owned land and specified private property are suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the homelessness crisis. At the City Manager’s discretion, interim municipal health and safety provisions and land use controls may be applied to facilities ensuring minimum public health and safety standards; and
5. Finds that this Resolution supersedes Resolution No. 23-028 and would take precedence to the extent that Resolution No. 23-028 may be in conflict with this Resolution; and
6. Finds that if this Resolution is inconsistent with any other provisions of the Hayward Municipal Code, this Resolution shall apply. This Resolution suspends contrary regulations in the Hayward Municipal Code or requirements of the General Plan or implementing regulations; and
ATTACHMENT II
7. Declares that this Resolution is enacted pursuant to the City of Hayward's general police powers, authority over municipal affairs contained in the City Charter, and Article XI, Sections 5 and 7 of the California Constitution, as well as the other provisions of state and local law otherwise cited herein; and
8. Finds that if any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause, or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional; and
9. Finds that adoption of this resolution is subject to the “common sense” exemption contained in section 15061 of the CEQA Guidelines, in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
IN COUNCIL, HAYWARD, CALIFORNIA ______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward