CITY OF HEALDSBURG CITY COUNCIL SPECIAL MEETING AGENDA

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1 . CITY OF HEALDSBURG CITY COUNCIL SPECIAL MEETING AGENDA City Hall Council Chamber Meeting Date: November 6, Grove Street Time: 5:00 PM Healdsburg, CA Date Posted: November 3, 2017 (707) CALL TO ORDER/ROLL CALL A. Pledge of Allegiance B. Approval of Agenda 2. PUBLIC COMMENTS ON NON AGENDA ITEMS A. Public comments may be made on the matters described in the Special Meeting Notice (Government Code Section ) 3. NEW BUSINESS A. Urgency Ordinance and Land Use Amendment to facilitate the provision of housing for those impacted by the Tubbs and Nunns Fires of October 2017 By motion adopt by title only, waiving reading of the text, an urgency ordinance amending the City's Municipal Code to include revised and new temporary standards to facilitate the immediate housing needs being faced by citizens of Sonoma County 4. ADJOURN SPECIAL CITY COUNCIL MEETING SB DOCUMENTS RELATED TO OPEN SESSION AGENDAS: Any writings or documents provided to a majority of the City Council/Redevelopment Successor Agency Board regarding any item on this agenda after the posting of this agenda and not otherwise exempt from disclosure, will be made available for public review in the City Clerk's Office located at City Hall, 401 Grove Street, Healdsburg, during normal business hours. If supplemental materials are made available to the members of the City Council/Redevelopment Successor Agency Board at the meeting, a copy will be available for public review at the City Hall Council Chambers, 401 Grove Street, Healdsburg, CA These writings will be made available in appropriate alternative formats upon request by a person with a disability, as required by the Americans with Disabilities Act. DISABLED ACCOMMODATIONS: The City of Healdsburg will make reasonable accommodations for persons having special needs due to disabilities. Please contact Maria Curiel, City Clerk, at Healdsburg City Hall, 401 Grove Street, Healdsburg, California, , at least 72 hours prior to the meeting, to ensure the necessary accommodations are made.

2 3.1 CITY OF HEALDSBURG CITY COUNCIL AGENDA STAFF REPORT MEETING DATE: November 6, 2017 SUBJECT: PREPARED BY: Urgency Ordinance and Land Use Amendment to facilitate the provision of housing for those impacted by the Tubbs and Nunns Fires of October 2017 Maya DeRosa, Planning Director STRATEGIC INITIATIVE(S): Quality of Life Effective & Efficient Government RECOMMENDED ACTION(S): By motion adopt by title only, waiving reading of the text, an urgency ordinance amending the City's Municipal Code to include revised and new temporary standards to facilitate the immediate housing needs being faced by citizens of Sonoma County BACKGROUND: A series of wildfires which began on October 8, 2017 destroyed thousands of residential and commercial structures in Sonoma and Napa Counties. The Tubbs, Nuns, and Pocket Fires destroyed more than 100,000 acres in Sonoma County and an estimated 6,000 structures. The Tubbs Fire destroyed at least 5,500 structures, with much of the damage in north Santa Rosa and in the Larkfield-Wikiup and Mark West Springs areas. The Nuns Fire affected Napa and Sonoma Counties, with destruction of structures in Glen Ellen and south of Annadel-Trione State Park in southeast Santa Rosa. The Pocket Fire northeast of Geyserville destroyed about 17,500 acres and six structures. No structures or land in the City of Healdsburg were affected by the fires, but advisory evacuation notices were issued for areas of northern Healdsburg on October 13, 2017, including Parkland Farms area, as well as, Fitch Mountain, Rivers Bend, and Bailache Avenue. Due to the massive loss of dwelling units in Sonoma County, the City Council directed the development of measures by which the City of Healdsburg could assist during this time of recovery and rebuilding. Packet Pg. 2

3 3.1 GOVERNOR S EXECUTIVE ORDER On October 9, 2017, Governor Edmund G. Brown, Jr. proclaimed a State of Emergency due to the magnitude of the fires burning in Napa, Sonoma and Yuba Counties. Governor Brown s proclamation provided State resources to help extinguish and aid in recovery from the fires. The proclamation also suspended several State statutes in order to expedite debris removal and cleanup (Attachment 1). Furthermore, on October 18, 2017, the Governor issued Executive Order B (Attachment 2), which includes the suspension of planning and zoning requirements and State fees for manufactured homes and mobile home parks to help displaced residents with housing needs. LOCAL ACTION On October 11 and 24, the Sonoma County Board of Supervisors adopted urgency ordinances (Attachment 3) addressing temporary housing, rental price gouging and the prohibition of new vacation rental permits. The Sonoma County urgency ordinances: waive permit processing fees for rebuilding of structures damaged by fire; suspend processing of new vacation rental applications for at least 45 days; allow recreational vehicles and trailers within and outside burn areas, with hookups to sewer or septic; enable parking of recreational vehicles, trailers, campers and other vehicles at some County-owned properties with some services (bathrooms, showers, warming stations); allow occupancy of farmworker housing year round; allow rental of guest houses, pool houses and other accessory structures to displaced persons; allow long term rental of bed and breakfast inns, resorts and similar uses for housing; reduce or waive impact fees for new accessory dwelling units; prohibit price gouging for housing, contracting and materials. On October 24, the City of Santa Rosa also adopted urgency ordinances to facilitate rebuilding of destroyed areas and to address rental price gouging. DISCUSSION/ANALYSIS: Summary of Items considered for Healdsburg Urgency Ordinance but Not Recommended: In drafting the ordinance, staff reviewed recent State legislation and County ordinances to determine what additional considerations should be made by the City of Healdsburg in order to help assist displaced fire victims with long term housing. The following discussion highlights those considerations which led to the draft ordinance for consideration by the City Council. Price Gouging Price gouging occurs when sellers take advantage of consumers during an emergency by increasing prices for essential goods and services, such as housing or construction materials. California Penal Code Section 396 prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared. This statute is in effect in Sonoma County today, given Governor Brown s declaration of emergency on October 9, Packet Pg. 3

4 3.1 The statute generally applies for 30 days after an emergency declaration with the exception of emergency cleanup services, in which case the statute applies for 180 days after the declaration. However, on October 18, 2017, through Executive Order B-43-17, Governor Brown waived the 30 day limitation period, and extended price gouging protections to April 18, The statute applies to the following major necessities: lodging (rental housing, hotels, motels); food and drink (for people and animals); emergency supplies (water, flashlights, radios, plywood, nails); medical supplies (prescriptions, bandages); building materials (heating oil, lumber, construction tools); motor fuel; and repair and reconstruction services The Sonoma County District Attorney and the State Attorney General are charged with prosecuting violations of the state price gouging statute. The Sonoma County District Attorney s office has contacted city attorneys in Sonoma County to explain that the District Attorney s office will be prosecuting violations of the State price gouging statute. To that end, the District Attorney s office has requested that local agencies not adopt additional price gouging ordinances, as they may create confusion for consumers or conflict with the State statute. For this reason, we do not recommend that Healdsburg adopt a price gouging ordinance. Room Conversions in Single Family Dwellings The existing City of Healdsburg Land Use Code allows internal conversion of a portion of single family residences to efficiency sized units. The unit cannot be larger than 850 square feet. No additional parking is required. Allowing Recreational Vehicles on Vacant Land While there are vacant parcels in the City which would appear to be viable areas for temporary housing provided by recreational vehicles (RV s) and motorhomes, these sites typically are not served by sewer, water or electric service needed for longer term housing accommodations. Typically, RV s only have enough water/waste tank, battery capacity etc. to last a couple of days. Staff recommends that the 72 hour parking ordinance limitation be revised as detailed later in this staff report to allow RV s, motorhomes, and similar vehicles to be used for temporary housing on developed residential, commercial, industrial, and institutional sites. By allowing RV s to be parked and occupied on developed parcels, there is the ability for property owners to connect to City utilities that would allow RV s to be used as a residence on a long term basis and also maintain public health and safety standards. Onsite Housing for Employees in Industrial Zones The Industrial (I) Zoning District currently allows employee housing onsite by right. No additional code changes are suggested to this portion of the Land Use Code. Packet Pg. 4

5 3.1 Long Term Rentals (over 30 days) The Municipal Code currently allows for long term rentals over 30 days within the City. No additional change is needed. Suspend 72 Hour Rule to Allow Sleeping in Cars or other Personal Vehicles on Public Streets Due to the public health, safety and welfare concerns of sleeping in personal vehicles more than 72 hours on public streets, staff has determined that this option would not be in the best interest of the City. Summary of Proposed Urgency Ordinance Measures: Planning staff met and worked collaboratively with the Department Heads on October 30, 2017 to discuss the draft urgency ordinance proposal and obtain feedback on the proposed measures. In summary the proposed ordinance seeks to focus on two areas where temporary or permanent housing could most expeditiously be created and with minimal cost. The two key focus areas of the ordinance relates to creating standards for 1) long term use of recreational vehicles on private property; and 2) more flexibility within the current ADU ordinance, especially as it relates to garage conversions. Due to the number of homes damaged or destroyed in the Sonoma County fires, it is expected that it may take two years or more for impacted residents to rebuild their homes or find new permanent housing. For this reason staff is recommending that the Urgency Ordinance be in effect for two years. Below is a summary of measures suggested by Staff and the subject of the attached ordinance (Attachment 4). The attached ordinance would become effective immediately and be in place until October 9, 2019: Recreational Type Vehicles Allow, with a City Urgency Ordinance Temporary Land Use Certificate (Attachment 5), human habitation in travel trailers, motorhomes, camper vans and tiny homes meeting the following criteria: 1. The Vehicle must be parked: a. on a private paved driveway of an owner-occupied single-family residence outside the PR and CD Zoning Districts; and the Vehicle does not extend into the public sidewalk or public street; the residents of the Vehicle have 24 hour access to the primary residence restroom and shower facilities unless the vehicle is connected to the City sewer and water systems; no more than one occupied vehicle per lot allowed; or b. in a private parking lot of an industrial, commercial or institutional use outside the PR and CD Zoning Districts; the vehicle shall be connected to City sewer and water; the required parking for the facility is not to be reduced by more than 10%; and Packet Pg. 5

6 3.1 the total number of occupied parking spaces per site does not exceed five. Sites that are currently non-conforming for parking are not eligible. 2. The owner or user of the Vehicle has obtained consent from the property owner prior to parking the Vehicle and for the duration of the time in which the Vehicle is parked on the owner s property. 3. The Vehicle is parked a minimum of 20 feet from a habitable building on an adjacent property. 4. The property owner or Vehicle user has obtained a City Urgency Ordinance Temporary Land Use Certificate from the City to park the Vehicle. 5. The Vehicle has a model year of 1997 or newer (to address aesthetic concerns of unmaintained older vehicles) 6. The use of a generator to provide power to the Vehicle is prohibited. 7. The Vehicle shall include a working fire extinguisher, working smoke detector and working carbon monoxide detector. 8. The Vehicle is connected to the appropriate electrical supply for the specific Vehicle, which is typically 30 amps. 9. The residents in Vehicles shall have access to on-site solid waste disposal. If the above criteria are met, the operator of the vehicle must obtain and display a City Urgency Ordinance Temporary Land Use Certificate issued by the Planning Department in the back window of the vehicle. Accessory Dwelling Units Accessory Dwelling Units (ADUs) and especially garage conversions to ADUs provide a more expedient way to increase housing stock in the City with less cost. A common method to more easily increase the living area of an existing house in California is to convert the garage to an accessory dwelling unit or a bedroom. The requirement for covered parking often prevents a conversion. Allowing garage conversions without the need to replace the parking during this two-year period, would encourage some home owners to convert their garages to living area that could be used to provide additional housing in the County. The proposed amendments to the ADU regulations below are not restricted to only helping displaced residents. Allow on lots 6,000 s.f. or greater, conversion of garages (detached or attached to single family residences) to accessory dwelling units or a bedroom with no requirement to provide replacement parking onsite. Packet Pg. 6

7 3.1 Allow ADUs to be constructed to the current maximum limit of 850 square feet and remove the restriction that an ADU not exceed more than 45% of the size of the primary unit. Reduce City review time of ADUs from 120 to 60 days of submittal of a complete application to the Building Division. Post Urgency Ordinance Implementation Measures Proposed: In order to educate the public regarding the provisions of the adopted urgency ordinance, staff proposes the following: Create a brochure outlining the key areas where regulations have been relaxed (distribute through utility bill mailing; post on City website); and Create a hand out explaining price gouging to be available at the Police Department and City Hall. ALTERNATIVES: The City Council could decide to not approve an urgency ordinance, or modify the proposed ordinance. FISCAL IMPACT: The fiscal impact to the City s finances is undetermined at this point. Staff will provide an update as additional information becomes available. ENVIRONMENTAL ANALYSIS: This item is exempt from California Environmental Quality Act ( CEQA ) review pursuant to CEQA Guidelines Section 15061(b)(3). The implementation of the suggested measures of the emergency housing ordinance does not have the potential to have a significant impact on the environment. Any future Land Use Code Amendments related to the recommendations will be reviewed in accordance with the requirements of CEQA. ATTACHMENT(S): Attachment 1-State Proclamation State of Emergency Attachment 2-Executive Order B Attachment 3-County Emergency Housing Ordinance Attachment 4-Proposed Urgency Ordinance Attachment 5-Temporary Land Use Certificate-Application Packet Pg. 7

8 3.1.a Packet Pg. 8 Attachment: Attachment 1-State Proclamation State of Emergency (1775 : Urgency Ordinance for Provision of Housing)

9 3.1.a Packet Pg. 9 Attachment: Attachment 1-State Proclamation State of Emergency (1775 : Urgency Ordinance for Provision of Housing)

10 3.1.a Packet Pg. 10 Attachment: Attachment 1-State Proclamation State of Emergency (1775 : Urgency Ordinance for Provision of Housing)

11 3.1.b EXECUTIVE ORDER B WHEREAS on October 9, 2017, I proclaimed a state of emergency to exist in Butte, Lake, Napa, Orange, Mendocino, Nevada, Sonoma, and Yuba Counties as a result of the numerous wildfires burning in those counties; and WHEREAS on October 10, 2017, I proclaimed a state of emergency to exist in Solano County as a result of the wildfires burning in that county; and WHEREAS these wildfires are far from contained and are already some of the most destructive and devastating wildfires in California's history; and WHEREAS California will require immediate additional resources to assist in responding to, recovering from, and mitigating the effects of these wildfires; and WHEREAS under the provisions of section 8571 of the Government Code, I find that strict compliance with the various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the wildfires; and NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, and in particular, sections 8567 and 8571 of the Government Code, do hereby issue the following orders to become effective immediately: IT IS HEREBY ORDERED THAT: 1. The limitation for the period of employment for State Personnel Board emergency appointments, as provided in Government Code section and State Personnel Board Rules (California Code of Regulations, title 2, sections ) is waived for positions required for emergency and/or recovery operations. The requirements and period of employment for such appointments will be determined by the Office of Emergency Services, but shall not extend beyond the termination date of the State of Emergency. 2. The Governor's Office of Emergency Services shall ensure adequate state staffing to expedite disaster response and recovery efforts. Consistent with applicable federal law, work hour limitations for retired annuitants, permanent and intermittent personnel, and any overtime restrictions for state management and senior supervisors, are suspended. Furthermore, Government Code sections 21220, 21224(a), and (b), (d), (f), and (g), and the time limitations in Government Code section and California Code of Regulations, title 2, sections are suspended. The Director of the California Department of Human Resources must be notified of any individual employed pursuant to these waivers. 3. Any firefighters from foreign jurisdictions who are deployed to assist California in fighting these unprecedented wildfires will be covered under the Disaster Service Workers Program, and any provision of the Government Code, Labor Code, or Code of Regulations to the contrary is waived. 4. The Department of Alcoholic Beverage Control shall have the discretion to waive the 500 foot limitation and 180-day time period in Business and Professions Code section for any businesses that have been forced to relocate as a result of the wildfires. The Department of Alcoholic Beverage Control shall further have the discretion to waive transfer fees beyond the time limitations set forth in Business and Professions Code sections and Attachment: Attachment 2-Executive Order B (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 11

12 3.1.b 5. The provisions of California Penal Code section 396 prohibiting price gouging in times of emergency will remain in effect until April 18, 2018 to protect the disaster survivors in the affected counties. The 30-day time period limitation under subsection (b) is hereby waived. 6. At the request of the Sonoma County Registrar of Voters, the County of Sonoma may conduct its November 7, 2017, Consolidated Election wholly by mail, utilizing the procedures set forth in Elections Code section 4100 et seq. The conditions required to conduct an election wholly by mail in Elections Code sections 1500, 4000, 4104, and 4108 are hereby waived. As the November 7, 2017, Consolidated Election, in Sonoma County, will be held wholly by mail, the operation of Division 14 of the Elections Code pertaining to polling place procedures shall also be waived. 7. In order to ensure hospitals and other health facilities remain open, the Director of the State Department of Public Health may waive any of the licensing requirements of division 2 of the Health and Safety Code and accompanying regulations with respect to any hospital or health facility identified in Health and Safety Code section 1250 that is impacted by the fires. Any waiver shall include alternative measures that, under the circumstances, will allow the facilities to remain open while protecting public health and safety. Any facilities being granted a waiver shall be established and operated in accordance with their disaster and mass casualty plan. Any waivers granted pursuant to this paragraph shall be posted on the Department's website. 8. To address the needs for assisted living facilities, adult residential facilities, child care facilities, children's residential facilities, resource family homes, and other similar facilities within the State Department of Social Services' jurisdiction, the Director of the State Department of Social Services may waive any provisions of the Health and Safety Code or Welfare and Institutions Code, and accompanying regulations or written directives, with respect to the use, licensing, or approval of facilities or homes within the Department's jurisdiction set forth in the California Community Care Facilities Act (Health and Safety Code section 1500 et seq.), the California Child Day Care Facilities Act (Health and Safety Code section et seq.), and the California Residential Care Facilities for the Elderly Act (Health and Safety Code section 1569 et seq.). Any waivers granted pursuant to this paragraph shall be posted on the Department's website. 9. Under the Property Tax Postponement program, homeowners who are seniors, blind, or have a disability may defer current-year property taxes on their principal residence if they meet certain criteria, including 40 percent equity in the home and an annual household income of $35,500 or less. To allow counties time to reappraise the value of the property to account for fire damage, the requirement in Revenue and Taxation Code section that the homeowner file the claim with the Controller by February 10, 2018 is waived as to homeowners in the affected counties. Claims must instead be filed by June 1, The Franchise Tax Board, the Board of Equalization, the Department of Tax and Fee Administration, and the Office of Tax Appeals shall use their administrative powers where appropriate to provide those individuals and businesses impacted by the wildfires with extensions for filing, audits, billing, notices, assessments, and relief from subsequent penalties. 11. State statutes, rules, regulations and requirements set forth in the Mobilehome Parks Act (Health and Safety Code section 18200, et seq., and California Code of Regulations, title 25, section 1000 et seq.), and the Special Occupancy Parks Act (Health and Safety Code section 18860, et seq., and California Code of Regulations, title 25, section 2000 et seq.), are suspended, as these laws pertain to disaster survivors in the impacted counties, for three years after the date of this Executive Order in order to quickly provide housing for those displaced by the fires. Attachment: Attachment 2-Executive Order B (1775 : Urgency Ordinance for Provision of Housing) 12. The Department of Housing and Community Development and local enforcement agencies with delegated disaster authority will jointly develop permitting, operating, and construction standards to maintain reasonable health and safety standards for the disaster survivors, the residents and the surrounding communities in the Packet Pg. 12

13 3.1.b impacted areas. Such standards shall provide reasonable consistency with appropriate fire, health, flood, and other factors normally considered in the mobilehome park approval process for the construction of a new mobilehome park or manufactured home installation standards during the three-year suspension authorized by this Executive Order. 13. All fees retained by the state that are imposed by the Mobilehome Parks Act, as required by Health and Safety Code, section et seq., and the Special Occupancy Parks Act, section et seq., are suspended and shall be waived by the Department of Housing and Community Development for three years after the date of this Executive Order with regard to manufactured home installation and recreational vehicle use for disaster survivors who are registered owners of a manufactured home or mobilehome, or recreational vehicle, whose home was damaged or destroyed as a result of the fires located in the impacted counties. 14. All fees retained by the state that are imposed by the Mobilehome Parks Act as required by Health and Safety Code section and California Code of Regulations, title 25, section , are suspended and shall be waived by the Department of Housing and Community Development, including fees for any required inspections or plan checking, for any disaster survivors who are a registered owner of a manufactured home or mobilehome whose home was damaged or destroyed as a result of the wildfires located in the impacted counties. 15. All fees retained by the state that are imposed by the Manufactured Housing Act, as required by Health and Safety Code section and California Code of Regulations, title 25, section 4044, are suspended and shall be waived by the Department of Housing and Community Development, including fees for any required inspections or plan checking, for any registered owner of a manufactured home or mobilehome whose home was damaged or destroyed as a result of the wildfires located in the impacted counties. 16. All fees retained by the state that are imposed by the Manufactured Housing Act, as set forth at Health and Safety Code sections and 18116, are suspended and fees shall be waived by the Department of Housing and Community Development, including any fees for the late renewal of registration certificate or certificate of title for a manufactured home or mobilehome, by any registered owner that is a disaster survivor and whose home was damaged or destroyed as a result of the wildfires located in the impacted counties. 17. All fees retained by the state that are imposed by the Manufactured Housing Act, as set forth at Health and Safety Code section and chapter 5 (commencing with Section 5510) of the California Code of Regulations, title 25, related to establishing proof of ownership are suspended and shall be waived for any mobilehome or manufactured home resident whose home was damaged or destroyed by the identified wildfires for three years of the date of this Executive Order. This waiver shall include, but not be limited to, processing fees for duplicate certificates of title or registrations, salvage applications and salvage certificates, the processing fees and costs for establishing registered ownership pursuant to article 3.5 (commencing with section 5535) of the California Code of Regulations, title 25, and other related fees. 18. The planning and zoning requirements for manufactured homes and mobilehome parks, in Government Code sections through , are suspended for three years after the date of this Executive Order, with regard to housing project(s) in the impacted counties. 19. Any local government ordinances in the impacted counties which would preclude the placement and use of a manufactured home or recreational vehicle on a private lot for use during the reconstruction of a home, are suspended for three years after the date of this Executive Order for individuals impacted by the fires. Property owners placing manufactured homes or recreational vehicles on lots shall obtain permits as described in paragraph 12 to ensure health and safety standards are met that are consistent with the standards set forth herein. Attachment: Attachment 2-Executive Order B (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 13

14 3.1.b 20. All state agencies with responsibility, regulatory authority or expertise related to recovery efforts in connection with these fires shall cooperate fully and act expeditiously in coordination with the California Resources Agency and the California Environmental Protection Agency, to facilitate the mitigation of the effects of the fires and the environmental restoration of the affected areas. This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 18th day of October EDMUND G. BROWN, JR. Governor of California ATTEST: ALEX PADILLA Secretary of State Attachment: Attachment 2-Executive Order B (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 14

15 3.1.c Packet Pg. 15 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

16 3.1.c Packet Pg. 16 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

17 3.1.c Packet Pg. 17 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

18 3.1.c Packet Pg. 18 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

19 3.1.c Packet Pg. 19 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

20 3.1.c Packet Pg. 20 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

21 3.1.c Packet Pg. 21 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

22 3.1.c Packet Pg. 22 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

23 3.1.c Packet Pg. 23 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

24 3.1.c Packet Pg. 24 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

25 3.1.c Packet Pg. 25 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

26 3.1.c Packet Pg. 26 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

27 3.1.c Packet Pg. 27 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

28 3.1.c Packet Pg. 28 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

29 3.1.c Packet Pg. 29 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

30 3.1.c Packet Pg. 30 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

31 3.1.c Packet Pg. 31 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

32 3.1.c Packet Pg. 32 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

33 3.1.c Packet Pg. 33 Attachment: Attachment 3-County Emergency Housing Ordinance (1775 : Urgency Ordinance for Provision of Housing)

34 3.1.d CITY OF HEALDSBURG ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEALDSBURG AMENDING HEALDSBURG MUNICIPAL CODE SECTIONS AND TO PROVIDE ADDITIONAL HOUSING OPTIONS WITHIN THE CITY OF HEALDSBURG DUE TO THE SIGNIFICANT LOSS OF HOUSING WITHIN SONOMA COUNTY DUE TO SEVERAL WILDFIRES THAT IMPACTED SONOMA COUNTY IN OCTOBER 2017, AND APPROVING A RELATED CEQA EXEMPTION FOR THE MUNICIPAL CODE AMENDMENTS WHEREAS, beginning on the evening of October 8, 2017, and continuing for days thereafter, a series of wildfire events burned over 90,000 acres in Sonoma County and damaged or destroyed over 6,800 homes and structures within Sonoma County; and WHEREAS, on October 9, 2017, the Governor of the State of California proclaimed a State of Emergency in Sonoma and other counties; and WHEREAS, on October 10, 2017, the President of the United States of America declared the existence of a major disaster in the State of California and ordered federal aid to supplement State and local recovery efforts in the areas affected by the fires and identified several measures by which the process could be expedited and facilitated; and WHEREAS, the Healdsburg City Council recognizes the urgent need to provide additional housing options within the City of Healdsburg to assist in the Sonoma County recovery efforts; and WHEREAS, Sonoma County and the State of California were in the midst of a housing crisis, even before the fires, which decimated housing in the area, further exacerbating the housing crisis; and WHEREAS, California Government Code Section 36937(b) allows an ordinance to take effect immediately if it is an ordinance for immediate preservation of public peace, health or safety; contains a declaration of the facts constituting the urgency; and is passed by four-fifth vote of the City Council; and WHEREAS, adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act ( CEQA ) pursuant to Section (a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act commencing with Section 8550 of the Government Code Section and Section (c) regarding specific actions necessary to prevent or mitigate an emergency; and Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 34

35 3.1.d Ordinance No. Page 2 WHEREAS, the City Council has been provided with information upon which the findings and actions set forth in this Ordinance are based, allowing the Council to adopt this urgency ordinance to be effective upon adoption; and WHEREAS; for the reasons set forth above, this Ordinance is declared by the City Council to be necessary for preserving the public peace, welfare, health and safety and to avoid a current, immediate and direct threat to the peace, health, safety or welfare of the community and the recitals above taken together constitute the City Council s statement of the reasons for adopting this Ordinance on an urgency basis; and Section 1. NOW, THEREFORE, the City Council of the City of Healdsburg does ordain as follows: Findings 1. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Healdsburg; and 2. The City Council finds, based on the evidence and records presented, that this Ordinance is necessary for the protection of the public peace, health and safety; and 3. The actions authorized by this Ordinance are consistent with the City s General Plan and any applicable specific plan in that they are an exercise of the City s land use powers to protect the health, safety and welfare of the public, which will be further put at risk due to the destruction of much needed housing in Sonoma County; and 4. The actions authorized by this Ordinance would be beneficial to the health, safety and welfare of the public in that they enable temporary housing options and streamline mechanisms for creating additional housing; and 5. The actions authorized by this Ordinance would not be detrimental to the health, safety and welfare of the public in that they provide options to City residents and neighbors and require the approval of property owners. Section 2. Section A (Vehicles and Traffic) is amended as follows (proposed new text is underlined): A Human habitation in vehicles prohibited. (Definition) Definitions. For the purposes of this section, Vehicle includes any boat, house boat, mobile home, car, truck, van, sport utility vehicle, commercial truck, camp car, house car, camper bus, recreational vehicle, tiny house (constructed as a trailer with a Department of Motor Vehicles registration), or any other vehicle generally used for human habitation and designed for transport on wheels or in tow by motor vehicles. Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 35

36 3.1.d Ordinance No. Page 3 Displaced Person(s) is a Sonoma County resident or residents whose residential dwelling has been destroyed or damaged by the Sonoma fires that prompted the Proclamation of Emergency of the State Governor on October 9, 2017, such that the resident(s) cannot occupy the dwelling. Displaced person(s) may be required to provide verification to the City to substantiate their eligibility for uses, permits and/or approvals described in this chapter. Evidence may consist of verification by the Federal Emergency Management Agency ( FEMA ) registration or damage assessment, and/or driver s license or other government-issued identification card or utility bill, etc. with a physical address showing the resident resided on a legal parcel impacted by the Sonoma fires, as determined by the City. Such determination may be made by the Planning and Building Director or other City personnel. Section 3. Section B (Vehicles and Traffic), is amended as follows (proposed new text is underlined): B Human habitation in vehicles prohibited. Exceptions. Vehicles parked and occupied in mobile home parks, travel trailer parks, or similar areas specifically set aside and lawfully used under zoning and other regulations for use of such vehicles by human habitation. During the two-year period commencing on October 9, 2017, the date of Proclamation of a State of Emergency by Governor Edmund J. Brown and ending on October 9, 2019, vehicles generally used for human habitation and tiny houses as defined in Section A may be parked and occupied by any Displaced Person, as defined in Section A, provided that the following criteria are met: 1. The Vehicle must be parked: a. on a private paved driveway of an owner-occupied single-family residence outside the PR and CD Zoning Districts; the Vehicle does not extend into the public sidewalk or public street; the residents of the Vehicle have 24- hour access to the primary residence restroom and shower facilities unless the Vehicle is connected to the City sewer and water systems; no more than one occupied Vehicle per lot shall be allowed; or b. in a private parking lot of an industrial, commercial or institutional use outside the PR and CD Zoning Districts; the vehicle shall be connected to City sewer and water; the required parking for the facility is not to be reduced by more than 10%; and the total number of occupied parking spaces per site does not exceed 5. Sites that are currently non-conforming for parking are not eligible. Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 36

37 3.1.d Ordinance No. Page 4 2. The owner or user of the Vehicle has obtained consent from the property owner prior to parking the Vehicle and for the duration of the time in which the Vehicle is parked on the owner s property. 3. The Vehicle is parked a minimum of 20 feet from a habitable building on an adjacent property. 4. The property owner or Vehicle user has obtained a City Urgency Ordinance Temporary Land Use Certificate from the City to park the Vehicle. 5. The Vehicle has a model year of 1997 or newer. 6. The use of a generator to provide power to the Vehicle is prohibited. 7. The Vehicle shall include working fire extinguisher, working smoke detector and working carbon monoxide detector. 8. The Vehicle is connected to the appropriate electrical supply for the specific Vehicle, which is typically 30 amps. 9. The residents shall have access to on-site solid waste disposal. Section 3. Section G (Land Use Code), is amended as follows (proposed new text is underlined): G Accessory dwelling units: Maximum Size 1. The allowable area of an accessory dwelling unit shall not exceed 45 percent of the habitable floor area of the primary dwelling unit, excluding the garage area, except as follows: a. An accessory dwelling unit shall not exceed a maximum size of 850 square feet and two bedrooms. b. A minimum allowance for an efficiency sized unit shall be accommodated regardless of the floor area ration limitation; provided, that all other requirements of the Land Use Code and Building Code have been or will be met. c. During the two-year period commencing on October 9, 2017, the date of Proclamation of a State of Emergency by Governor Edmund J. Brown and ending on October 9, 2019, the allowable area of an accessary dwelling unit may exceed 45 percent of the habitable floor area of the primary dwelling unit up to the maximum size of 850 square feet and two bedrooms. Section J (Land Use Code), is amended as follows (proposed new text is underlined): J Accessory dwelling units Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) No additional parking shall be required for an accessory dwelling unit. However, if construction of an accessory dwelling unit includes removal of required parking established for the primary Packet Pg. 37

38 3.1.d Ordinance No. Page 5 unit, then equivalent or better replacement parking shall be provided for the primary residence in substantial conformance with location, design and setback requirements of the underlying zoning district. The amount and type of replacement parking shall not be required to exceed either the amount of parking provided prior to removal, or the minimum standards required under the zoning district, whichever is less restrictive. During the two-year period commencing on October 9, 2017, the date of Proclamation of a State of Emergency by Governor Edmund J. Brown and ending on October 9, 2019, attached and detached garages on single-family residential lots 6,000 square feet or larger converted to accessory dwelling units or a bedroom are not required to provide additional parking or replacement parking for the primary unit. Garages converted during this two-year period shall be considered legal non-conforming uses, and shall continue to not require additional parking or replacement parking after the expiration of the two year period. This provision shall not apply to garages converted subsequent to October 9, Section R (Land Use Code), is amended as follows (proposed new text is underlined): R Accessory dwelling units Review of an accessory dwelling unit for compliance with the applicable Land Use Code standards shall be completed within 120 days of submittal of a complete application to the building division. Exception to review period for applications submitted during a specific period: During the twoyear period commencing on October 9, 2017, the date of the Proclamation of a State of Emergency by Governor Edmund J. Brown, and ending on October 9, 2019, the City will make every effort to complete the review of an accessory dwelling unit for compliance with the applicable Land Use Code standards within 60 days of submittal of a complete application to the Building Division. An application for building permit shall include all the information necessary to complete review of the proposal for compliance with the provisions of this section, within the prescribed time frame. Section 4. Environmental Compliance. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) Section (a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act commencing with Section 8550 of the Government Code and Section 15269(c) regarding specific actions necessary to prevent or mitigate an emergency (loss of housing). Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 38

39 3.1.d Ordinance No. Page 6 Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 5. Effective Date. This Ordinance of the City of Healdsburg shall be in effect immediately upon its adoption. PASSED and APPROVED at a regular meeting of the City Council on the 6th day November, 2017 by the following vote: AYES: Councilmembers: ( ) NOES: Councilmembers: ( ) ABSENT: Councilmembers: ( ) ABSTAIN: Councilmembers: ( ) SO ORDERED Shaun F. McCaffery, Mayor ATTEST Maria Curiel, City Clerk Dated: Attachment: Attachment 4-Proposed Urgency Ordinance (1775 : Urgency Ordinance for Provision of Housing) Packet Pg. 39

40 CITY OF HEALDSBURG Planning & Building Department 401 Grove Street Healdsburg, CA Phone: (707) Fax: (707) Visit us at e Application: Temporary Land Use Certificate Single Family Residential Property Urgency Ordinance XXXX Site Site Address APN Vehicle Applicant Property Owner Vehicle ID Vehicle Type Name: Mailing Address Phone: Address Name: Mailing Address Phone: Address Length Travel Trailer Motorhome Camper Van Tiny House Other Applicant s Acknowledgement: As an applicant for a temporary land use certificate to allow for a travel trailer, motor home, camper van, or tiny house to be located on the property at I certify the following: site address Intial below as appropriate I am a resident displaced by the October 2017 Sonoma Complex fires. (to be verified by City Staff) The property is owner occupied The vehicle will be parked outside on a paved, private driveway and will not encroach onto the public sidewalk. The vehicle will be parked a minimum of 20 feet from a habitable building on an adjacent parcel. The vehicle will be connected to a 30 amp electrical supply and will not utilize extension cords or a generator. The vehicle is 1997 model year or newer. I have the written consent of the property owner (attached) to access the primary residence for restroom and shower activities; or The vehicle is connected to City sewer and water The vehicle contains a working fire extinguisher, smoke detector, and carbon monoxide detector. I agree to remove the vehicle from the site by October 9, Applicant s Signature Date Print name: Owner s Statement: I declare under penalty of perjury that I am the property owner for the address listed above and I certify the accuracy of the information provided above. Property Owner s Signature: Printed name Office Use Only Below This Line Date Issued Staff TLU# Date: Attachment: Attachment 5-Temporary Land Use Certificate-Application (1775 : Urgency Ordinance for Provision of Housing) Zoning Site Verification U:\Cdc\Planning Shared\Landuse Temporary Certificates\Temporary Certificate_Application.Docx 11/1/2017 Packet Pg. 40