To: Board of Supervisors
From: Planning and Building Services and County Counsel
Meeting Date: October 31, 2017
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Department Contact: |
Mary Lynn Hunt |
Phone: |
234-6650 |
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Department Contact: |
Matthew Kiedrowski |
Phone: |
234-6885 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 30 min. |
Agenda Title:
title
Discussion and Possible Adoption of Urgency Ordinance Adopting an Administrative Permit Program for the Temporary Use and Occupancy of Trailer Coaches for Use as a Shelter following the Redwood Complex Fire
(Sponsors: Planning and Building Services and County Counsel)
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Recommended Action/Motion:
recommendation
Adopt Urgency Ordinance adopting an Administrative Permit Program for the temporary use and occupancy of trailer coaches for use as a shelter following the Redwood Complex Fire; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On October 17, 2017, the Board of Supervisors directed staff to prepare an urgency ordinance for an administrative permit process to allow victims of the Redwood Complex Fire whose homes have been made uninhabitable to use a trailer on their property or a different property for a period of three (3) years.
Summary of Request:
Government Code section 25131 provides that ordinances shall become effective thirty (30) days from the date of final passage, except for certain ordinances which become effective immediately. An ordinance for the immediate preservation of the public peace, health, or safety, which contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the board of supervisors, shall take effect immediately. Government Code section 25131 specifies that an urgency ordinance may be passed immediately upon introduction.
At the direction of the Board of Supervisors, County staff has prepared an ordinance that creates an administrative permit program that would allow the installation, use and temporary occupancy of a trailer coach (as defined in Mendocino County Code section 20.008.054, and which includes recreational vehicles and mobile homes) for up to a three (3) year period.
The Redwood Complex Fire has destroyed over 35,000 acres and several hundred residences and other structures. In an effort to assist with providing temporary housing, the Board of Supervisors provided direction to staff on October 17, 2017, to prepare an urgency ordinance that would create an administrative permit program to allow for the installation, use and occupancy of travel coaches immediately. Existing County Code would only allow for such use of travel coaches after a building permit is issued. The proposed ordinance would also allow travel coaches to be used by licensed contractors hired to construct a replacement dwelling unit and associated structures. The number of trailer coaches that may be placed on a parcel shall be limited to the allowable density of dwelling units for that parcel pursuant to the Inland Zoning Code plus one, less any inhabited dwelling units on the parcel. The ordinance provides that properties need to meet certain health and safety related requirements prior to the issuance of the administrative permit.
The ordinance provides that it is statutorily and categorically exempt from the California Environmental Quality Act (CEQA). Section 15269 of the CEQA Guidelines provides for a statutory exemption for projects to maintain, replace or restore property damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor of California pursuant to the California Emergency Services Act. As recited in the ordinance, the Governor has declared a state of emergency. The primary purpose of this ordinance is to assist people in resettling following the fire in order that their property can be replaced or restored. In addition, section 15303 of the CEQA Guidelines provides that the construction of limited numbers of new, small facilities, including single family homes, is exempt from CEQA. Allowing limited numbers of travel coaches pursuant to the requirements of this ordinance is functionally similar to the application of this exemption to the construction of a single-family home. The ordinance is also limiting the number of travel coaches to essentially what is allowed under current zoning. As such, the ordinance is also exempt from CEQA on the basis of section 15061(b)(3) of the CEQA Guidelines. Because the ordinance is allowing the temporary siting of travel coaches, subject to certain conditions, in numbers that are similar to what might be allowed under the normal application of the Inland Zoning Code, it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.
The ordinance must be adopted on at least a 4/5 vote of the Board. As required by Government Code section 25131, the ordinance contains recitals and findings substantiating the need to adopt this ordinance on an urgency basis.
Alternative Action/Motion:
Do not adopt the proposed ordinance; refer the matter to staff for additional research and alternatives.
Supplemental Information Available Online at: N/A
Fiscal Impact:
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Source of Funding: n/a |
Budgeted in Current F/Y: N/A |
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Current F/Y Cost: n/a |
Annual Recurring Cost: n/a |
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Supervisorial District: All |
Vote Requirement: 4/5's |
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Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Janelle Rau, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Nadia Tipton |
Final Status :Adopted |
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Date: November 1, 2017 |
Executed Item No.: Ordinance Number: 4397 |
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Note to Department: |
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Executed Documents Returned to Department: Originals _____ Copies _____ Hand Delivered ___ Interoffice Mail ___ Executed Agreement Sent to Auditor? Y/N |
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