Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  September  11, 2018
CATEGORY:  Scheduled Hearings - Resource Management-9.

SUBJECT:

Urgency Ordinance adding Title 19, Shasta County Carr Fire Disaster Recovery, to the Shasta County Code.

DEPARTMENT: Resource Management

Supervisorial District No. :  ALL

DEPARTMENT CONTACT:  Paul Hellman, Director 225-5789

STAFF REPORT APPROVED BY:  Paul Hellman, Director

Vote Required?

4/5 Vote
General Fund Impact?

General Fund Impact 

RECOMMENDATION

Take the following actions regarding a Carr Fire urgency ordinance: (1) Conduct a public hearing; (2) close the public hearing; (3) find that adoption of the ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 21080(b)(3), 21080(b)(4), and 15269(a); and (4) introduce, waive the reading of, and enact an urgency ordinance adding Title 19, Shasta County Carr Fire Disaster Recovery, to the Shasta County Code.

SUMMARY

Conditions of extreme peril to the safety of persons and property within Shasta County were caused by the series of fast-moving and widespread fires, referred to as the Carr Fire, commencing on July 23, 2018. The Carr Fire destroyed 1,079 residences in Shasta County, as well as damaged 190 residences, and has consumed approximately 230,000 acres and displaced thousands of Shasta County residents. The State of California has declared that there is a statewide housing crisis. Even prior to the Carr Fire, there existed in the unincorporated county area a severe lack of rental housing. The housing units destroyed by the Carr Fire increased and exacerbated this rental housing shortage and also significantly reduced the number of owner-occupied housing units in the County.

The proposed urgency ordinance would temporarily modify and/or suspend various county housing, permitting, and health and safety codes and policies to expedite transition of residents and their families made homeless or displaced as a result of the Carr Fire to safe, secure, affordable, and habitable shelter on an interim and long term basis. This urgency ordinance would apply within the unincorporated areas of Shasta County for a three-year period of time to allow for reconstruction of fire damaged and destroyed residences and for construction of new housing. The urgency ordinance is proposed to remain in effect until August 9, 2021, unless extended or otherwise modified by the Board of Supervisors.


DISCUSSION

The proposed urgency ordinance contains the following specific modifications and/or suspensions of county housing, permitting, and health and safety codes and policies:

Immediate Short-Term Temporary Shelter: For a period of up to 60 days from the effective date of the ordinance, use of “temporary dwellings,” which includes recreational vehicles, a manufactured home, a mobile home, or a movable tiny house, on any parcel in any zoning district shall be allowed without County approval provided that such parcels and/or vehicles have temporary septic holding capacity and/or portable toilets that are serviced through routine pumping services or use of a dump station and otherwise comply with other applicable State laws and requirements.

Intermediate Temporary Shelter: The use of RVs, manufactured homes, mobile homes, and movable tiny houses, in addition to one cargo storage container per parcel, by displaced persons on Carr Fire-affected parcels and parcels not affected by the Carr Fire in any residential district shall be allowed during the term of the ordinance, subject to County approval and compliance with all applicable standards established by the ordinance.

Residential Use of Temporary Dwellings (RVs, Manufactured Homes, Mobile Homes, and Movable Tiny Houses): Subject to the approval of an administrative permit, RVs, manufactured homes, mobile homes, and movable tiny houses may be utilized for temporary residential uses by displaced persons on parcels not affected by the Carr Fire within all zone districts with the exception of the Designated Floodway (F-1), Public Facilities (PF), and Timber Production (TP) districts during the term of the ordinance.

Rental of Existing Guest Houses: Existing guest houses shall be permitted to be rented as interim housing for displaced persons.

Temporary Suspension of Development Impact Fees for Accessory Dwelling Units:  Applications for new accessory dwelling units on fire-affected parcels during the term of the ordinance shall be eligible for a suspension of those development impact fees that are imposed by the County.

Temporary Suspension of Use Permit Requirement for Relocation of Damaged Child Care and Educational Facilities: Relocation of day care centers, child care facilities, elementary schools, junior high schools, high schools, or institution of higher education housed in premises made uninhabitable by the Carr Fire may be relocated to existing buildings in the Community Commercial (C-2), Office Commercial (C-O), Commercial Light-Industrial (C-M), and Public Facilities (PF) zone districts or to any site with an existing religious facility, subject to only a zoning permit, and if required, a building permit for renovations.

Legal Nonconforming Uses and Structures: The ordinance would allow for the waiver of the prohibition against the replacement, repair, or reconstruction of nonconforming uses and structures provided that requirements set forth in County Code 2.72.100.C have been met.

Extensions of Tentative Maps and Other Specified Land Use Approvals: Tentative map (and any concurrent land use approvals), lot line adjustment, use permit, zoning permit, and other approvals granted under Title 17 of the Shasta County Code on or after July 23, 2016, that have not already been granted an extension of time shall be extended for one year beyond their current date of expiration.


ALTERNATIVES

The following alternatives are available:

1.         Do not adopt the urgency ordinance;

2.         Modify the urgency ordinance;

3.         Continue this item to request additional specific information.

None of these alternatives are recommended as they would delay the transition of residents and their families made homeless or displaced as a result of the Carr Fire to shelter on an interim and long term basis.


OTHER AGENCY INVOLVEMENT

The proposed urgency ordinance was drafted by the Department of Resource Management in consultation with the County Counsel’s Office and was based in part upon a similar urgency ordinance recently adopted by the County of Sonoma Board of Supervisors. County Counsel has approved the ordinance as to form.  The County Administrative Office has reviewed this recommendation.


FINANCING

With the exception of the proposed suspension of development impact fees for new accessory dwelling units on fire-affected parcels during the term of the ordinance, no adverse fiscal impact would result from approval of the proposed urgency ordinance.  Development impact fees for new accessory dwelling units currently total $5,843.59; in addition, where applicable, fire protection and traffic development impact fees are $1,813.31 and $838.51, respectively.  If the urgency ordinance is adopted as proposed, these fees would not be collected during the term of the ordinance.  Staff is of the opinion that the proposed temporary suspension of development impact fees for accessory dwelling units on fire-affected parcels would not result in a significant, adverse fiscal impact.


ATTACHMENTS:
DescriptionUpload DateDescription
Urgency Ordinance9/5/2018Urgency Ordinance