HomeMy WebLinkAboutOrdinance 2645 N.C.S. 04/02/2018EFFECTIVE DATE ORDINANCE NO. 2645 N.C.S.
OF ORDINANCE
April 2, 2018
Introduced by Seconded by
Teresa Barrett Gabe Kearney
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA TO FACILITATE THE
PROVISION OF TEMPORARY HOUSING OPTIONS FOR THOSE IMPACTED BY THE SONOMA COMPLEX
FIRES OF OCTOBER 2017
WHEREAS, beginning on the evening of October 8, 2017, and continuing for days
thereafter, a series of wildfires 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 State 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 Petaluma City Council recognizes the need to provide additional housing
options within the City of Petaluma to assist in the Sonoma County recovery efforts; and
WHEREAS, Sonoma County and the State of California were suffering a housing crisis before
the Sonoma Complex Fires, which decimated housing in the area and further exacerbated the
local housing crisis; and
WHEREAS, adoption of temporary housing options for people displaced by the Sonoma
Complex Fires is necessary to provide immediate housing relief; and
WHEREAS, this urgency ordinance is hereby declared to be necessary to provide
temporary housing units for people displaced by the Sonoma Complex Fires and for workers
needed for recovery and reconstruction efforts in Sonoma County and for the preservation of the
public peace, health and safety of the City of Petaluma and its citizens, and shall take effect and
be in force from and after its final passage by unanimous vote of all of the members of the City
Council present at the time of its adoption in accordance with Section 76A of the Petaluma
Charter and Section 36937 of the California Government Code; and
WHEREAS, the temporary measures adopted by this ordinance are not detrimental to the
health, safety, and welfare of the public in that they provide additional housing options to City
residents and neighbors, impose appropriate standards, require the approval of property
owners, and would be of limited duration; and
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WHEREAS, the interim measures for temporary housing units contained in this ordinance are
consistent with the Petaluma General Plan 2025 in that they involve the exercise the land use
powers of the City to protect the health, safety and welfare of the public, which would be put at
risk if people displaced by the fires did not have safe temporary housing units; and
WHEREAS, adoption of this Ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15269(c) of the CEQA Guidelines as
specific action necessary to mitigate an emergency in that the provisions of this ordinance
facilitate temporary housing for displaced persons as defined below and pursuant to Section
15061(b) (3) of the CEQA Guidelines in that the provisions of this ordinance do not have the
potential to cause a significant effect on the environment; and
WHEREAS, at a duly noticed public meeting on April 2, 2018 the City Council considered
the ordinance and interested members of the public were invited to provide comments;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Recitals Made
The above recitals are hereby declared to be true and correct and are hereby incorporated
herein as findings of the City Council of the City of Petaluma.
Section 2. Uncodified police power measure.
This ordinance is adopted in reliance upon the City's police power pursuant to Article XI,
Section 7 of the California Constitution and the Petaluma Charter. Notwithstanding anything
to the contrary in the Petaluma Municipal Code, the Implementing Zoning Ordinance
(Ordinance no. 2300 N.C.S.), or any other enactment, regulation, rule or policy of the City
that is currently in effect, the following provisions shall be in effect within the City so long as
this ordinance is in effect and shall expire and cease to be in effect without further action by
the City Council on the expiration date of this ordinance. Except as temporarily amended
by this ordinance, all provisions of the Petaluma Municipal Code, the Implementing Zoning
Ordinance (Ordinance no. 2300 N.C.S.) and all other enactments, regulations, rules and
policies of the City shall continue unchanged and remain in full force and effect.
A. Definitions For the purposes of this ordinance:
"Displaced Person(s)" means a Sonoma County resident or residents whose residential
dwelling has been destroyed or damaged by the Sonoma Complex 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 ordinance. Evidence of eligibility 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
Complex Fires, as determined by the City. Such determination may be made by the
Planning Manager, or other City personnel designated by the City Manager.
B. Recreational Vehicles.
Through issuance of a Temporary RV Housing Permit upon payment of the associated fee,
one Recreational Vehicle may be parked and occupied as temporary housing on a
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1 property zoned residential (RR, R1, R2, R3, R4, R5 and residential PUDs), industrial (1), or
2 business park (BP) provided that all of the following criteria are met:
3
4 • The Recreational Vehicle shall not encroach into the public right-of-way when parked.
5 • The occupancy and parking of the Recreational Vehicle shall not conflict with
6 applicable CC&Rs or PUD regulations.
7 • The Recreational Vehicle shall be connected to the city sewer and water systems subject
8 to permits approved by the Building Department, including any applicable backflow
9 prevention device requirements.
10 • The Recreational Vehicle shall be connected to electrical services (the use of a
11 generator is prohibited)
12 • No more than one occupied Recreational Vehicle shall be parked on a property.
13 • The owner or user of the Recreational Vehicle shall obtain consent of the property owner
14 prior to parking and occupying the Recreational Vehicle and for the duration of the time
15 the Recreational Vehicle is parked and occupied on the property.
16 • The Recreational Vehicle shall be parked a minimum of 20 feet from a habitable building
17 on the adjacent properties.
18 • The Recreational Vehicle shall be a model year 1998 or newer.
19 • The Recreational Vehicle shall include a working fire extinguisher, working smoke
20 detector, and working carbon monoxide detector.
21 • The owner or user of the Recreational Vehicle shall obtain a Temporary RV Housing
22 Permit prior to commencing occupancy and contingent upon satisfaction of all other
23 requirements
24
25 Failure to satisfy any of these criteria shall be sufficient grounds to deny or to revoke a
26 Temporary RV Housing Permit.
27 All temporary RV housing allowed pursuant to Temporary RV Housing Permits issued in
28 accordance with this ordinance shall be removed by or before the date this ordinance
29 expires.
30
31 C. Parkinq Requirements for New Accessory Dwelling Units.
No onsite parking shall be required for any new Accessory Dwelling Units constructed
following the effective date of this ordinance and prior to its expiration. Upon the expiration
of this ordinance, any new ADU constructed without onsite parking in accordance with this
ordinance shall be considered legal non -conforming.
If construction of a new accessory dwelling unit includes removal of required onsite parking
established for the primary unit, the parking shall be replaced elsewhere onsite in
conformance with applicable location, design and setback requirements of the
Implementing Zoning Ordinance, Ordinance no. 2300 N.C.S.. The amount and type of
replacement parking shall not be required to exceed existing parking provided prior to
removal or the minimum required under the Implementing Zoning Ordinance, whichever is
less restrictive.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
Ordinance No. 2645 N.C.S. Page 3
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 4. Effective Date. This urgency ordinance shall become effective immediately upon
unanimous adoption by the members of the Petaluma City Council present in accordance with
Section 76A of the Petaluma Charter and Section 36937 of the California Government Code.
Section 5. Sunset. Unless otherwise extended or modified by action of the City Council, this
ordinance shall expire and cease to be in effect without further action by the City Council
effective midnight, April 2, 2019.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post
this ordinance or a synopsis for the period and in the manner provided by the City Charter and
other applicable law.
INTRODUCED, ordered posted, and ADOPTED this 2nd day of April 2018, by the following
18 vote:
19
20
21 Ayes:
22 Noes:
23 Abstain:
24 Absent:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ATTEST:
Albertson, Barrett, Mayor Glass, Kearney, King, Miller
None
None
Vice Mayor Healy
David Glass, Mayor
APPROVED AS TO FORM:
Samantha Pascoe, Deputy City Clerk Pro Tem Eric Danly, City Corney
Ordinance No. 2645 N.C.S. Page 4