HomeMy WebLinkAboutOrdinance 2599 - Carr Fire housing ORDINANCE NO. 2599
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY OF
REDDING PURSUANT TO GOVERNMENT CODE 36937 TO
AUTHORIZE TEMPORARY HOUSING IN RECREATIONAL
VEHICLES AND ACCESSORY DWELLING UNITS FOR RESIDENTS
DISPLACED AND OTHERWISE AFFECTED BY THE CARR FIRE
WHEREAS, a State of Emergency was declared in the City of Redding as a result of the
devastating Carr Fire natural disaster on July 27, 2018; and
WHEREAS, approximately two hundred sixty-six (266) homes in the City of Redding were
damaged or destroyed by the Carr Fire; and
WHEREAS, the sudden loss of these dwelling units has further restricted the local housing
market and made it difficult for many residents to find temporary housing while they rebuild
their homes destroyed by the Carr Fire; and
WHEREAS, making provision for the temporary housing of persons displaced by the Carr Fire
discourages displacement of such individuals in locations outside of the jurisdictional limits of
the City and thereby encourages job retention, the economic health of the City of Redding and
retention of school children at their current places of education; and
WHEREAS, it is the desire of the City Council to assist residents in finding a temporary
solution to their housing dilemma while they rebuild or repair their homes; and
WHEREAS, to protect the public health, safety and welfare, it is the desire of the City Council
to adopt an ordinance to temporarily stay and hold in abeyance municipal code requirements
inconsistent with this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. Findings.
The City Council of the City of Redding adopts and finds as true and correct the aforementioned
recitals and the following findings:
A. Residents whose homes were destroyed by the Carr Fire shall be permitted to live in
recreational vehicles (RVs) on residential zoned property while they rebuild their homes,
so long as the following conditions are met.
1. RVs must be stored in side and rear yards of the property.
2. A permit and associated fee for temporary power is required.
3. A building permit application for the new home to replace or repair the home
damaged or destroyed by fire must be submitted by July 31, 2019, unless an
extension is approved by the Director of Development Services.
4. Construction must begin within 30 days of permit approval by the City, unless an
extension is approved by the Director of Development Services.
5. Construction must be complete within 180 days of issuance of permit, unless an
extension is approved by the Director of Development Services.
6. RV's must be uninhabited and removed from the place of temporary habitation
within 30 days of issuance of Certificate of Occupancy.
7. A sanitary sewer connection is not required, but the owner must empty black and
grey tanks at RV parks or have the tanks emptied by a service.
8. If not living on their own property, an affidavit must be on file with the
Development Services Department stating the location of the RV, the inhabitants
of the RV, and that the inhabitants are residents of the City of Redding and lost
their home due to the Carr Fire.
9. The City of Redding will conduct periodic inspections of the RV to monitor
compliance with these requirements.
B. Residents whose homes were destroyed by the Carr Fire shall be permitted to build an
accessory dwelling unit (ADU) on their property and live in it while the principal
structure is being constructed, so long as the following conditions are met.
1. A site plan depicting the permanent location of both the principal structure and
ADU must be approved by the Planning Division prior to the issuance of the
building permit for the ADU.
2. A building permit application for principal structure must be made by
September 30, 2019, unless an extension is approved by the Director of
Development Services.
3. Construction on the principal structure must begin within 30 days of permit
approval by the City, unless an extension is approved by the Director of
Development Services.
4. Construction of the principal structure must be completed within 180 days of
issuance of permit, unless an extension is approved by the Director of
Development Services.
5. An ADU affidavit and deed restriction must be submitted with the building
permit application for the ADU.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this
Urgency Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid
by a court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Urgency Ordinance. The Council hereby declares that it would have passed an
adopted this Urgency Ordinance and each and all provisions thereof irrespective of the fact that
any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 3. Prohibition. No person shall reside in a recreational vehicle on in the City of Redding
except as provided for in the Redding Municipal Code and this Ordinance.
Section 4. Enforcement.
A. Violation of this Ordinance shall be deemed a public nuisance.
B. Violations of this Ordinance are subject to civil penalties, costs of enforcement and
abatement pursuant to Chapters 1.14 and 1.15 of the RMC.
C. Violations of this Ordinance are deemed a misdemeanor.
Section 5. Remedies and Penalties Not Exclusive. The remedies and penalties set forth herein are
cumulative, alternative and nonexclusive. The use of one remedy does not prevent the use of any
other civil, criminal or administrative remedy set forth in the Redding Municipal Code or state
statute which may be available to enforce this Ordinance or to abate a public nuisance. The City
Council further states its intent that nothing in this Ordinance shall be construed to authorize or
encourage temporary housing in violation of state or federal law.
Section 6. California Environmental Quality Act. The passage of this Ordinance is not a
"project" according to the definition in the California Environmental Quality Act, and therefore
is not subject to the provisions requiring environmental review.
Section 7. Effectiveness. This Urgency Ordinance is necessary to protect the public health,
safety and welfare and is adopted as an urgency measure pursuant to the provisions of
Government Code section 36937 and shall, upon adoption by a four-fifths (4/5) vote of the City
Council, become effective and in full force and effect at 12:01 a.m. on January 16, 2019, and
shall remain in effect until December 31, 2019, unless further extended by the City Council. The
Ordinance shall be published in full according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced, read by title only, and
adopted by the City Council of the City of Redding at a regular meeting on the 15th day of
January, 2019, by the following vote:
AYES: COUNCIL MEMBERS: Dacquisto, McElvain, Resner, Schreder, & Winger
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
JULI r/ IN . it., Mayor
ATTEST: APP tr l VED AS TO FORM:
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Qt{ PAMELA MIZE, City C erk : • RRY . DeWA lity Attorney