Title
(Pass for Publication) An Ordinance Amending Various Provisions of, and Adding Chapters 17.876 and 17.880 to, Title 17 of the Sacramento City Code, Relating to Housing Element Implementation Program H15: Permitting Requirements for Special Needs Housing (M24-011)
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FileID
File ID: 2024-01746
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Location
Location: Citywide
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Recommendation
Recommendation: 1) Review an ordinance amending various provisions of, and adding Chapters 17.876 and 17.880 to, Title 17 of the Sacramento City Code, relating to special-needs housing; and 2) pass for publication the ordinance per Sacramento City Charter section 32 for City Council consideration on December 10, 2024.
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Contact
Contact: Jamie Mosler, Associate Planner, (916) 808-7875, jmosler@cityofsacramento.org; Kevin Colin, Zoning Administrator, (916) 808-5260, kcolin@cityofsacramento.org; Department of Community Development
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Presenter
Presenter: Jamie Mosler, Associate Planner, (916) 808-7875, jmosler@cityofsacramento.org, Department of Community Development
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Attachments
Attachments:
1-Description/Analysis
2-Background
3-Ordinance (Redline)
4-Ordinance (Clean)
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Description/Analysis
IssueDetail
Issue Detail: State law requires all cities and counties in California adopt a Housing Element as part of their General Plan to address housing needs. Adopted by City Council in 2021, the 2021-2029 Housing Element commits to implementing programs over the eight-year planning period, prioritizing programs to effectively increase housing availability, particularly affordable housing. Among these implementation programs is Program H15, titled “Permitting Requirements for Special Needs Housing,” which states:
The City shall ensure compliance with State law and encourage special needs housing through the following actions:
• The City shall amend the Zoning Code to allow Low Barrier Navigation Center developments by right in mixed-use zones and nonresidential zones permitting multi-unit uses (Government Code Sections 65660-65668).
• The City shall review and revise the Zoning Code provisions for temporary residential shelters to comply with locational restrictions and parking requirements under State law (Government Code Section 65583(a)(4)), establish a higher threshold for the number of beds permitted by right, and ensure that the zones in which shelters are permitted by right provide sufficient capacity in appropriate locations within the City where public transit and services are available.
• The City shall update the Zoning Code to allow single room occupancy SROs (i.e., residential hotels) by right in commercial and multi-unit dwelling zones.
• The City shall develop a processing procedure to allow for the approval of 100 percent affordable developments that include a percentage of supportive housing units, either 25 percent or 12 units, whichever is greater, without a conditional use permit or other discretionary review in all zoning districts where multi-unit and mixed-use development is permitted (Government Code Section 65651(a)).
• Review and amend the Zoning Code, as necessary, to ensure requirements for group homes of seven or more persons are consistent with State law and fair housing requirements.
Staff’s analysis of these actions is detailed in Attachment 2. To implement this program, Staff has prepared an ordinance that amends the Planning and Development Code (Title 17 of the City Code), the primary means by which the City’s land use policy is implemented.
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PolicyConsiderations
Policy Considerations: The proposed ordinance does not replace continued work in 2024 and 2025 to fully align Title 17 of the City Code with the 2040 General Plan. The ordinance seeks to implement the 2021-2029 Housing Element which sets forth the City’s goals and policies to address current and future housing needs.
The ordinance includes amendments that advance the following goals and policies of the 2040 General Plan:
Land Use Element
Policy LUP-6.10 Care Facilities. The City shall encourage the development of older adult daycare facilities, assisted living facilities, hospice, childcare, and other care facilities in appropriate areas throughout Sacramento.
Staff Analysis: The ordinance establishes clear regulations that align with new State laws for supportive housing and residential care facilities, thereby encouraging their development.
Housing Element
Policy H-2.3.5: Clear Development Standards and Approval Procedures. The City shall maintain and administer clear development standards, and approval procedures for a variety of housing types, including, but not limited to multifamily housing and emergency shelters.
Policy H-2.10: Awareness and Support. The City shall work to increase community awareness and support for affordable housing citywide.
Policy H-4.1: Expand Housing Types Throughout the City. The City shall take meaningful actions to allow for a greater array of housing types throughout the city to create more inclusive and equitable neighborhoods and to affirmatively further fair housing.
Policy H-6.6: Preserve Central City Single Room Occupancy Units. The City shall continue to preserve single room occupancy (SRO) units in the Central City.
Policy H-7.4: Permanent Supportive Housing. The City shall facilitate and provide permanent supportive housing options that offer appropriate services so that people experiencing chronic homelessness can maintain permanent housing.
Policy H-7.9: Remove Barriers to Accessing Shelters. The City shall strive to remove barriers to emergency shelter access.
Staff Analysis: The ordinance supports Policy H-2.3.5 by establishing clear development standards and approval procedures for diverse housing types, including shelters, residential hotels, and supportive housing. Additionally, it aligns with Policy H-2.10 by fostering community awareness of various affordable housing types. The ordinance promotes Policy H-4.1 by expanding the variety of housing options, by allowing residential hotels by right in commercial and multi-unit dwelling zones. It also facilities permanent supportive housing specified in Policy H-7.4 by clarifying a State law process by which supportive housing receives ministerial review. Finally, by increasing the size of shelters allowed by right, the ordinance addresses Policy H-7.9, removing barriers to development of emergency shelters.
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EconomicImpacts
Economic Impacts: Access to various affordable housing types enhances economic opportunities for more community members and helps reduce poverty and homelessness. A strong and affordable housing environment is critical to the economic well-being and growth of Sacramento and its residents.
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EnvironmentalConsiderations
Environmental Considerations: The ordinance will not result in any additional project-specific significant environmental effects not previously analyzed in the Negative Declaration for the 20212029 Housing Element, adopted by the City on August 17, 2021 (addendum adopted on December 14, 2021). Pursuant to CEQA Guidelines sections 15162 and 15164, the City has determined that the ordinance is project within the scope of the 2021-2029 Housing Element Negative Declaration, none of the conditions set forth in section 15162 have occurred, and that no additional environmental review is required.
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Sustainability
Sustainability: A sustainable community includes housing for current and future households of all income levels. Increasing housing production and affordability will assist in creating a sustainable Sacramento and provide a platform for sustainable economic growth.
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Commission/Committee Action
Commission/Committee Action: On July 25, 2024, staff presented an overview of the direction and proposed approach to implementing Housing Element Program H15 to the Housing Policy Working Group. This group, established per the direction of City Council, meets to review and provide a range of perspectives on local housing policies and programs of the Housing Element. Its membership includes representatives from various sectors, such as real estate, housing development, and advocacy organizations. The working group expressed support for staff’s approach and did not request any modifications.
On September 6, 2024, the Planning Director initiated, pursuant to City Code Section 17.916.010.A, an ordinance to implement Housing Element Program H15.
On October 24, 2024, the Planning & Design Commission conducted a public hearing on the ordinance and forwarded the ordinance, as presented, to the City Council for consideration.
On November 12, 2024, the Law & Legislation Committee reviewed and forward the ordinance, as presented, to the City Council for consideration.
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RationaleforRecommendation
Rationale for Recommendation: Staff recommends the City Council review the ordinance and pass for publication the ordinance per Sacramento City Charter Sec. 32 for City Council consideration on December 10, 2024. The proposed ordinance implements the City’s 2021-2029 Housing Element, an important State mandated planning document that serves as the City’s overall housing strategy.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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