Roam WALTER P. MCNEILL, #95865 LAW OFFICES 280 Hemsted Drive, Suite Redding, California 96002 Telephone: (530) 222~8992 Email: WMcNeill@Manaw.com Robert L. Berry, #28297 448 W. 2nd Ave. Chico, CA 95926 PO. Box 4941 Chico, CA 95928 Telephone: (831) 334-4066 Email: rob@rlbemlaw.com Attorneys for Petitioner/Plainti? bl. I 11/4/2019 F15 Umr?m SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE FRANK SOLINSKY, Petitioner/Plaintiff, vs. CITY OF CHICO, CITY COUNCIL OF CHICO, BRENDAN VIEG, Chico Director of Planning and Community Development, DOES 1 THROUGH 50, Respondents/Defendants. CHICO HOUSING ACTION TEAM, aka a nonprofit California corporation, THE BALL FAMILY LIVING TRUST, Ted Ball and Justine Ball as Trustees, ROES 1 THROUGH 50, Real Parties in Interest Defendants Case No. 1 9CV03324 1. VERIFIED PETITION FOR WRIT OF MANDATE TO SET ASIDE UNLAWFUL APPROVAL OF LAND USE ENTITLEMENT (CCP ?1085); 2. VERIFIED PETITION FOR WRIT OF MANDATE TO SET ASIDE UNLAWFUL APPROVAL OF LAND USE ENTITLEMENT (CCP ?1094.5); 3. COMPLAINT FOR DECLARATORY AND INIUNCTIVE RELIEF (CCP ?1060); 4. VERIFIED PETITION FOR VIOLATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PUBLIC RESOURCES CODE ?21000 ET SEQ.) AND INIUNCTIVE RELIEF VERIFIED PETITION AND COMPLAINT INTRODUCTION 1. Petitioner/Plaintiff FRANK SOLINSKY seeks relief from this Court to redress a ?agrant example of unlawful conduct and abuse of discretion by the City of Chico (hereafter ?City?) in promoting a favored project, at the expense of those who don?t have special in?uence in City Hall. In direct contravention of State law, and without any evidence, the City created out of thin air a land use entitlement approval for a large multi-unit development of rental ?sleeping cabins? for the poor and homeless, referred to as ?Simplicity Village.? The City?s action violates the applicable land use laws while disregarding the housing/construction statutes that protect the health and safety of human inhabitants. These Violations cause further damage to the Petitioner on the adjacent land, to others nearby who also protested the City?s actions, and to the surrounding environment, from the long term impacts of an unlawful substandard and congested rental cabin ?village.? In doing this the City unlawfully evaded environment review under CEQA. As alleged herein, the law requires that the City?s sham land use entitlement must be rescinded, honest environmental review must be required for any project to go forward, and the City should be held to account for the harm caused to Petitioner. PARTIES 2. Petitioner/Plaintiff FRANK SOLINSKY (hereafter ?Petitioner?) owns real property and business interests on Notre Dame Blvd. in Chico, both across the street from and abutting the parcel for the proposed ?Simplicity Village.? Petitioner?s parcel across the street is APN 040-030-03 7, and it is the location for the Payless Building Supply business. Petitioner?s abutting parcel is APN 040- 030-030, with a small of?ce and business ?Wood-Ply Forest Products?located there. 3. Respondent/Defendant CITY OF CHICO (?City?) is a lawful and duly organized City within the State of California, with all of the ?police powers? granted under Article of the California Constitution, including the authority and power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations, in particular land use regulations, provided they are not in con?ict with the superceding general laws of the State of California. 4. ReSpondent BRENDAN VIEG is, and at all times mentioned herein was, an individual employee of the City of Chico in the position of Planning and Community Deve10pment Director. VERIFIED PETITION AND COMPLAINT Respondent Vieg is named as a Respondent in his of?cial capacity as the ?director? referenced in Chico Municipal Code Chapter 19.02 who is vested with discretion to: decide on behalf of the City the interpretation of the City?s land use regulations, consider the facts pertaining to a particular land use to determine the appropriate classi?cation of the land use, and to apply the requirements of the California Environmental Quality Act for environmental review. 5. Respondent CITY COUNCIL OF CHICO is the duly elected legislative body of the City. Respondent CITY COUNCIL is named as a party in this action in its of?cial capacity as the ?nal decision-making body of the City for appeals of land use entitlement determinations, which is vested with discretion to consider and make the ?nal decisions for the City as to: the interpretation of the City?s land use regulations, the facts pertaining to a particular land use to determine the appropriate classi?cation of the land use, and to apply the requirements of the California Environmental Quality Act for environmental review. 6. Real Party in Interest Chico Housing Action Team, Inc. is, and at all times mentioned herein was, a non?pro?t corporation organized and existing under the laws of the State of California. CHAT is the applicant for the proposed Simplicity Village project, which would be located on land along Notre Dame Blvd. on APN 040-030-028. CHAT was and is the bene?ciary of the City?s interpretation of the land use regulations so as to create a new type of land use entitlement applicable to land in any zone of the City and in particular the zone for APN 040-030-028. CHAT has a bene?cial interest in APN 040-030-028 by Virtue of a lease from the BALL FAMILY TRUST speci?cally for this project, with an initial term of 2 years, coupled with 4 options to extend of 4 years duration each. 7. Real Party in Interest THE BALL FAMILY LIVING TRUST (hereafter ?Ball Trust?) is, and at all times herein mentioned was, a duly formed living trust under California law, acting by and through its trustees Ted Ball and Justine Ball. The Ball Trust was and is the bene?ciary of the City?s interpretation of the land use regulations so as to create a new type of land use entitlement applicable to land in any zone of the City and in particular the zone for APN 040-030-028. The Ball Trust is the owner of legal title to APN 040-030-028 and the Lessor of a portion of that property to CHAT as the Lessee. The unlawful land use interpretation by the City, as alleged herein, provides a substantial VERIFIED PETITION AND COMPLAINT bene?t to the Ball Trust by supporting the long term lease to CHAT with a 2 year initial term and 4 options to extend of 4 years each. Because the land use interpretation requested from the City by CHAT was made for the proposed project on APN 040-030-028, that newly created land use entitlement runs with the land owned by the Ball Trust. 8. Petitioner is ignorant of the true names and capacities of the Respondents sued herein as Does 1-50, inclusive, and therefore sues such Respondents by these ?ctitious names. Petitioner will amend this Petition to allege such Doe Respondents true names and capacities when ascertained. Petitioner is informed and believes, and thereon alleges, that each of the ?ctitiously-named Respondents is responsible in some manner for each of the acts and/or omissions alleged herein. 9. Petitioner is ignorant of the true names and capacities of the Real Parties in Interest sued herein as Roes 1-50, inclusive, and therefore sues such Real Parties in Interest by these ?ctitious names. Petitioner will amend this Petition to allege such Real Party in Interests? true names and capacities when ascertained. Petitioner is informed and believe, and thereon alleges, that each of the ?ctitiously named Real Parties in Interest have a substantial interest in the subject matter of the litigation, such that their interests should not be adjudicated by the Court without opportunity for them to defend or advocate their interest in the matter. 10. At all times herein mentioned, each of the Respondents and/or Real Parties in Interest were the agents and/or employees of each of the remaining Respondents and/or Real Parties in Interest and, in doing the things hereinafter alleged, were acting within the course and scope of such agency. JURISDICTION AND VENUE 11. This court has jurisdiction over the matter alleged in this Petition pursuant to Code of Civil Procedures ?1085 and ?1094.5, ?1060, and the rights and privileges guaranteed under the Constitution of the State of California. 12. Venue is proper in Butte County Superior Court in accordance with Code of Civil Procedure because the City of Chico, Staff, and CHAT maintain their principle administrative of?ces in Butte County, City of Chico; and the real property which is the subject of this action is located in the City of Chico, Butte County. VERIFIED PETITION AND COMPLAINT STANDING 13. Petitioner has standing to assert the claims alleged in this Petition because they are bene?cially interested in this matter, as required by Code of Civil Procedure ?1086. Petitioner has a direct and bene?cial interest in Respondents? compliance with laws bearing upon the approval of the Simplicity Village and related projects. These interests will be directly and adversely affected by the Project, which violates the law as set forth in this Petition and would cause substantial harm to the interests of the Petitioner. 14. Petitioner actively participated in the 2019 Simplicity Village approval process, including seeking administrative appeal and review in an attempt to ensure that Respondent complied with all relevant Building Codes and other applicable laws. EXHAUSTION OF ADMINISTRATIVE REMEDIES 15. Petitioner has performed and will perform all conditions precedent to the ?ling of this Petition, and have actively participated in the administrative review process prior to the date of ?nal denial of appeals by the City Council, and thus has exhausted all administrative remedies to the extent required by law. By this veri?ed Petition, Petitioner alleges as follows: FACTUAL ALLEGATIONS 16. On or about September 27, 2018, CHAT issued a proposal for a transitional housing development called ?Simplicity Village,? consisting of 33 ?sleeping cabins? on the southerly 2.6 acre portion of the 4.74 acre parcel located on Notre Dame Blvd., south of Morrow Lane, and designated APN 040~030-028 (the ?Real Property?). Such Real Property is illustrated (highlighted in pink) on the Assessor?s Parcel Map attached hereto as Exhibit and incorporated herein by reference. The 33 sleeping cabins would be intended to provide shelter for 46 people; with 20 cabins at a size of 8?x12? ?oor space (96 sq. ft.) designed for single occupancy, and 13 cabins at a size of 8?x16? (128 sq. ft.) designed for double occupancy. 17. Attached as Exhibit and incorporated by reference herein, is a copy of a Site Plan submitted to the City by CHAT for Simplicity Village. The Site Plan illustrates locations for the aforementioned sleeping cabins as well as various communal buildings, etc. at the Real Property. VERIFIED PETITION AND COMPLAINT 18. Attached as Exhibit and incorporated by reference herein, is a more detailed color brochure created by CHAT to illustrate the proposed development. The locations of the 33 sleeping cabins (erroneously labeled here as ?Tiny Homes?) are clearly depicted. Also depicted is the extensive area developed for driveway, parking, and access to the sleeping cabins; along with a number of large buildings and structures designated as Multi-Purpose Community Building, Meeting Rooms, Gate Monitor House/ADA Restroom Shower, Bathrooms/Laundry/Kitchen Building, Workshops, 3 Storage Units/Shipping Containers, Covered Outdoor Dining Area, Bike Racks, and other improvement details. The site will have secure perimeter fencing all around, irrigated landscaping, and a garden. The Business Plan submitted by CHAT to the City for Simplicity Village estimates that the ?rst year capital investment operational expense to put in these improvements will be about ?$702,416 plus in-kind donations? (CHAT Business Plan, at Section 4). 19. The 2.6 acre area for the Simplicity Village site ?as located on the 4.74 acre legal parcel? is de?ned in the binding long term lease agreement between CHAT and Real Party Ball Family Living Trust. A true copy of the lease agreement is attached hereto as Exhibit and incorporated by reference herein. The initial lease term is for two years, followed by four options to extend the lease for four years each. The lease term is to commence within 30 days after the Lessee/CHAT obtains entitlements/approval from the City to proceed with the project; as alleged herein, in?a, the City?s entitlement approval was given on June 14, 2019. According to the lease agreement CHAT was to give Real Party Ball Family Living Trust an initial payment of $3,000.00 as consideration for the lease, followed by payments of $1,200.00 in the ?rst year, and $1,700.00 per month thereafter with increases based on the CPI. 20. CHAT has been quite open about the long-term nature of it?s Simplicity Village project, stating in its Business Plan dated 5/17/2019 (see ?Executive Summary?) that: will coordinate the construction of 33 tiny homes on 2.6 acres of privately owned property that is currently subject to a binding letter of intent (LOI), subject to ?nal City approval of the project. The LOI provides for a total lease term of 18 years, in two year increments at Chat?s election. CHAT would report to the City the progress of SV after the initial two year term and before the expiration of each succeeding two year term, or as agreed, so that City can regularly appraise the project and its progress in meeting its goals. CHAT is the lessee with a private landlord and will require the collaboration with the City to enable the project to fall VERIFIED PETITION AND COMPLAINT within the terms of the State Shelter Crisis Statute. The property will be improved with Ca] Water, City sewer, and electricity and is within a third of a mile of a B-line bus route.? statement that it?s purely private project on land leased from a ?private landlord? (rather than the City) requires further ?collaboration? from the City, is a revelatory admission that without the City doing more Simplicity Village would not satisfy the necessary requirements of the Shelter Crisis Statute. In fact, as alleged further herein, the City never did more to ?collaborate? by taking any role of ownership, control or direct participation in Simplicity Village thus leaving CHAT in violation of both State law and Chico?s municipal code. 21. The Real Property where Simplicity Village would be located is surrounded by a lumber yard, construction yards, a saw mill, maintenance yard, distributions operations, a church and school as well as commercial of?ce spaces. About one block to the east of the Real Property there are developed neighborhoods of low density residential and suburban residential homes. None of the surrounding land uses are either similar or compatible with the proposed relatively high density multi-unit rental use for Simplicity Village. Moreover, Simplicity Village is intended by CHAT to be much more than just a place for people to have a safe place to sleep. Because the occupants are ?disadvantaged? in various ways, CHAT plans to partner with the County Departments of Behavioral Health, Social Services, Employment, and Public Health to provide ?on-site wraparound services.? (See the Simplicity Village Business Plan, There would be a constant ?ow of caseworkers and social service support personnel. CHAT envisions daily group activities such as 33 6? 5! ?6 ?vocational and social skill building, workshops (such as money management), peer to peer support groups,? ?Alcoholics Anonymous groups, a Narcotics Anonymous group, Nonviolent Communication training, art groups, and many other daytime programs.? The high density of residents, the robust daily programs of activities, the services that bring a high ?ow of personnel and visitors other than residents, the vehicular as well as higher than usual pedestrian traf?c, will all generate signi?cant impacts on the surrounding properties, the natural environment, and the neighbors. Furthermore, there deserves to be consideration for the impacts of the existing industrial uses of surrounding properties/businesses on the persons brought to stay in the Simplicity Village sleeping cabins. For example, the adjacent Payless Lumber Supply starts business at 5:30 am. with bright lights, forklifts and trucks that are noisy and that generate dust. The residents in a Simplicity VERIFIED PETITION AND COMPLAINT Village will be signi?cantly impacted by the surrounding work activities in an industrial zone. At a minimum there must be environmental review of this project (which has never occurred), and the obvious signi?cant impacts require preparation of an Environmental Impact Report. 22. Petitioner?s property is shown on Exhibit as APN 040-030-037 and APN 040-030? 030 (highlighted in yellow) which is among the properties adjacent and closest to the proposed Simplicity Village. Petitioner is directly impacted by the disputed approval of land use entitlement for Simplicity Village, Petitioner will be directly harmed by the City?s derogation of it?s mandatory legal duties, and Petitioner is directly and bene?cially interested in the relief sought by this proceeding. 23. The subject Real Property proposed for Simplicity Village is zoned as light manufacturingiindustrial, The Chico Municipal Code 19.46.010A describes the purpose of the ML zone as: he ML zoning district is applied to areas appropriate for light assembly and manufacturing, wholesaling, warehousing and distribution, agricultural and industrial processing within structures, and support commercial services. The ML zoning district is primarily intended to implement the Industrial O?ice Mixed Use and the Manufacturing and Warehousing land use designations of the General Plan. '19.46.020 Manufacturinglindustrial zone land uses and permit requirements. Ta I 4-8 identi?es the uses of land allowed by these Regulations in each Industrial/manufacturing zoning district. and the land use entitlement required to establish the use Where the last column of the table ('Subject to Standards in SectioniChapter?) includes a section or chapter number. the regulations in the referenced sectiontchapter apply to the use; however. provisions in other sections/chapters may apply as well. [0rd 2185; 0rd 2205'. 0rd. 2223, 0rd 2342. 0rd. 2427 ?25) 4-8 - ALLOWED USES AND PERMIT REQUIREMENTS FOR MANUFACTURING INDUSTRIAL ZONING DISTRICTS PERMIT REQUIREMENTS BY ZONE Satin! to LAND USE (1) Standards In ML MG IOMU Munich?: Sdnols - Specialized education and training Temporary events UP UP UP 1932 RESIDENTIAL USES Caretaker housing Emergency she?ters UP UP Livelwork Residential Care homes 7 or more clients UFIZ) Temporary emergency shelters 1122 VERIFIED PETITION AND COMPLAINT KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement gergu??i?agii'i? Permitted use. zoning clearance required. manna UP Conditional use. use permit required. 1 .24 TU Temporary use. 1932 Use not allowed. (See Section regarding uses not listed.) 24. Notice that for under the use described as ?Emergency Shelters? requires that is a Use Permit. Also under the use described as ?Temporary Emergency Shelters? requires that is a ?permitted use? under the requirements of chapter 19.22 ?Temporary Uses.? [The reference in the Table 4-8 to ?Temporary events? falls under the heading of EDUCATION PUBLIC ASSEMBLY which requires a Use Permit in any event if Simplicity Village were to be viewed as a sort of ?public assembly? use] 25. Petitioner contends and herein alleges that Simplicity Village ?a project requiring extensive construction at a capital investment over $700.00() and expected to operate over a long term up to 18 years?is a development project of ?Emergency shelters? requiring a Use Permit. Common sense allows no other conclusion. 26. However, the City claims that Simplicity Village is a ?temporary use.? Petitioner that contention. but if there were any conceivable or rational categorization of Simplicity Village as a sort of ?temporary use,? then instead of the ?Emergency Shelters? category the only theoretical category for these shelters would be ?Temporary Emergency Shelters? as listed above in Table 4-8. Because ?Temporary Emergency Shelters? is referenced to chapter 1922 ?Temporary Uses,? the applicable de?nition found at ?19.22.020 ?Temporary Uses, allowed by right? is: D. Emergency Shelters. Temporary emergency shelters shalt be permitted in any zoning district for a maximum of 27 days in any 90-day period. provided that the facilities are approved by the City Building Of?cial and Fire Marshal prior to use, and provided that no other emergency shelter is operated within 500 feet during the same 90-day period. Thus if ?temporary emergency shelters? are located in the ML Zone, they are allowed as a matter of right but only ?for a maximum of 27 days in any 90 day period.? 27. Even with this restriction on ?temporary emergency shelters? Petitioner steadfastly maintains that Simplicity Village is not ?temporary? in any factual or legal sense whatsoever. VERIFIED PETITION AND COMPLAINT Chapter 19.22 of the Chico Municipal Code goveming ?Temporary Uses? states that all such: Temporary uses are short-term activities that might not meet the normal development or use standards of the applicable zoning district. but are acceptable because of their temporary nature. There follows a list of described ?temporary uses? noteworthy for their short-term nature the absence of any lasting alteration of the land. Typical examples are: ?Car Washes? by charitable organizations limited to two days per month; ?Construction Yards? on the premises of approved construction projects; ?Arts and Crafts? exhibits on non-residential properties limited to 10 days; ?Seasonal Sales Lots? for things like Christmas trees, limited to three months; ?Farmers Markets? allowed no more than two times per week. And a critical condition of all ?temporary uses? is: '19.22.050 Condition of site. Each site occupied by a temporary use shall be cleaned of debris. litter. or any other evidence of the temporary use upon completion or removal of the use. and shall thereafter be used in compliance with these Regulations. (0rd. 2135. 0rd. 2494. ?101 In other words, the temporary use must be wiped away to leave no trace, so that the normally permitted uses of the zone may resume. 27. Petitioner contends and alleges that it is impossible to give the proposed Simplicity Village a $700,000+ investment that permanently alters the land and is planned to last up to 18 years-- the same categorization as ?car washes? and ?garage sales? and ?farmers markets.? The interpretive rule of ejusdem generis does not allow it. The longest temporary use listed in chapter 19.22 is one year for a temporary of?ce in the ?rst phase of a development project and all the others are dramatically shorter. 28. The only factual contention made by the City that Simplicity Village is ?temporary? is that the City?s earlier Declaration of a ?Shelter Crisis? -- con?rming a serious shortage of housing causing a signi?cant number of people to be unable to ?nd shelter?is due to expire on June 30. 2021, two years after the City approved Simplicity Village. Even then the City could and would only renew the Shelter Crisis Declaration. Even if unlikely one could theoretically hope that the housing shortage and ?Shelter Crisis? would be fully solved and over within two years, but it is fatuous to characterize June 30, 2021 as a hard limit on the shelter crisis much less a termination date on the ml VERIFIED PETITION AND COMPLAINT existence of Simplicity Village. 29. No temporary use is allowed to exceed one year under any circumstances, pursuant to the California Building Code de?nition of ?temporary? (California Building Code Title 24, Part 2, vol.1, Chapter 2- De?nitions, Page 90). It wouldn?t matter if Simplicity Village lasts for 2 years or 18 years, it is impossible to de?ne it as ?temporary.? Simplicity Village cannot be developed where it is planned in the ML Zone without obtaining a Use Permit. 30. The primary signi?cance of the City?s Declaration of a Shelter Crisis is that it allows the City to invoke the provisions of Gov. Code provisions (Gov. Code ??8698, 8698.1) that aid the construction of shelter for the homeless population. Under the terms of a Shelter Crisis Declaration, standard building codes may be suspended under de?ned conditions, and alternative codes may be substituted, provided they are applied to ?Public Facilities? and meet minimum health and safety requirements. Speci?cally, in order for relaxed construction standards to be applied to homeless shelter units like the 33 ?sleeping cabins? to be built at Simplicity Village, the Simplicity Village development itself must be part of a ?Public Facility? that is ?owned, operated, leased, or maintained, or any combination thereof, by the political subdivision? and part of a housing community ?located on property leased or owned by a political subdivision.? Despite requests for ?collaboration? from the City on this very issue, the City has eschewed any involvement in Simplicity Village that would satisfy the ?Public Facility? requirement. 31. On or about October 2, 2018, the City declared a Shelter Crisis for the purpose of availing the City of HEAP funding, a program that requires the declaration of a Crisis under Gov. Code ?8698 as a pre-condition for eligibility. The Staff report makes it clear that the purpose was to meet HEAP eligibility requirements. The City Attorney provided a legal opinion to the Council indicating that the discretion granted under the statute was limited to ?Public Facilities?. This understanding was con?rmed to CHAT in an email from Assistant City Manager Chris Constantin of April 2, 2019. A true copy of the staff report and opinion of the City Attorney is attached hereto as Exhibit and incorporated by reference herein. A true copy of the of?cial Shelter Crisis Declaration is attached hereto as Exhibit and incorporated by reference herein. And the email from Chris Constantin is attached hereto as Exhibit and incorporated by reference herein. 11 VERIFIED PETITION AND COMPLAINT 32. The constraints and requirements of State law relating to a Shelter Crisis and the use of a ?Public Facility? to create homeless shelter under relaxed construction standards is recognized explicitly in the City?s own Shelter Crisis Declaration Ex. F, p. 2,113. No such ?Public Facility? has been created for Simplicity Village (or anywhere in the City of Chico), and the City has no legal authority to waive the California Building Code Standards for homeless shelter construction. 33. The City?s own Shelter Crisis Declaration Ex. F, p. 2, 114 ??further explicitly acknowledges that State law requires that any waiver of the California Building Code Standards for homeless shelter construction necessitates an express ?nding that the Standards may only be relaxed ?to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effect of the shelter crisis.? (See also Gov. Code No such ?nding has been made in relation to Simplicity Village, and it is not possible to make such a ?nding as this project has been in formative planning stages for two years with no ?delay? connected with the type of building standards required. Here again, the City has no legal authority to waive the California Building Code Standards for homeless shelter construction, in particular the Simplicity Village ?sleeping cabins.? 34. In earlier discussions between the City and CHAT, as indicated in a November 20, 2018 Council meeting, the City had directed staff to work with CHAT to implement Simplicity Village; and approve Simplicity Village to be located on the Real Property, and open discussions with property owners. This direction was founded upon the premise that this would be a City project by designating the Real Property a ?Public Facility? through lease arrangements by the City. On or about January 30, 2019, Chris Constantin summarized the City?s strategy in a letter to this letter was consistent with the previous recommendations of City Manager Mark Orme on November 20, 2018. Again, on or about February 10, 2019, Chris Constantine sent an internal memorandum to Mark Orme, City Manager, updating and outlining the objectives of Staff as leasing the property from the Ball Family Trust, acquiring necessary easements from adjacent property owners; and entering into a lease with the Ball Family Trust to ?secure the location as a public facility? and to draft a ?Development and Operating Agreement with to and operate Simplicity Village.? However, these early cooperative plans between the City and CHAT foundered upon the 12 VERIFIED PETITION AND City?s realization, and concerns by CHAT, that City involvement through a Public Facility would require payment of ?prevailing wage? on the Simplicity Village project, and the expense of that would be prohibitive. 35. The April 2, 2019 email from Mr. Constantin to CHAT principals was in response to a letter from CHAT questioning the legality of compliance of the current plan with the Shelter Crisis for ?sleeping cabins.? The Assistant City Manager mysteriously describes a new strategy to get SV going.? In this letter he states that the ?shelter crisis supports Brendan?s and ?For the shelter crisis to apply explicitly, we would have to go down the original path which raised concerns for CHAT related to prevailing and ?more legal involvement for the City which could lead to more delays.? The letter makes no mention of the Temporary Use ordinance, and none of this information was made public. The documents were obtained by way of a Public Records Act request made by the Petitioner only after Petitioner learned that the City had, any public notice, given a land use entitlement approval to Simplicity Village. 36. On or about May 7, 2019, the City adopted for future use the construction standards promulgated by the Department of Housing and Community Development, known as Appendix and Appendix X, to be used as consistent construction standards for shelter housing i_f a local jurisdiction is to follow the prescribed Public Facility approach under State law. A true copy of the City staff report, Ordinance and the Appendices is attached hereto as Exhibit and incorporated by reference herein. 37. On or about June 14, 2019, Petitioner discovered through unofficial channels and without prior notice, that Simplicity Village had been approved by the City under CMC Had this not been discovered, the Petitioner would have remained unaware of the approval until construction began after the appeal periods had lapsed. 38. Shortly afterwards, after notifying the City of his status as an Interested Party, Petitioner received a copy of the Of?cial Planning Director Interpretation, OPDI 19-01, indicating that Simplicity Village had been approved as a ?Temporary Emergency Facility? under CMC and that the appeal period had commenced. A true copy of OPDI 19-01 is attached hereto as Exhibit and incorporated by reference herein. 13 VERIFIED PETITION AND COMPLAINT 39. Subsequent to learning of the approval, a PRA request was issued for correspondence to/from City Staff or CHAT regarding Simplicity Village. Through that request it was discovered that the Assistant City Manager had been working closely with CHAT on an alternative method of approval, under the direction of Brendan Vieg, in order to avoid the dif?culties of developing the complex contract needed to make the City a party to the lease of the property and to avoid the prospect of having ?prevailing wage? requirements imposed upon the project. There was no public notice or other public announcement that the City would not be a party to the planned development, pursuant to the Council decision of November 20, 2018. 40. Because of the terms of the Temporary Use Ordinance, and ?ndings of the OPDI that held the proposal to be a ?use by right?, no public hearings were held regarding the proposal, nor were surrounding residents noti?ed of the approval or right to ?le a timely appeal. Nonetheless, the only remaining recourse was to appeal to the decision to the Planning Commission, and if denied, to the City Council. 41. Title 24, Chapter 1, Division 1 known as the California Building Code (?Code?) establishes the scope and mandatory duty to apply the Code throughout the State of California: ?The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the State of California. 42. The sole option for suspending standard Codes is by an express declaration and substitution of alternative codes which meet basic Health and Safety Codes, pursuant to Gov. Code ?8698 by the declaring jurisdiction. 43. The State enacted, and the City adopted, Appendices as part of the Code expressly for the purpose of establishing requirements for various types of emergency housing, with express jurisdiction over ?Sleeping Cabins?, the type of dwelling unit proposed for Simplicity Village. 44. Emergency Housing, de?ned by Appendix N, is permitted only during a Shelter Crisis. provides that ?Emergency Sleeping Cabins ..shall be occupied only shelter crisis. and only ?buildings and structures constructed in accordance with the California 14 VERIFIED PETITION AND COMPLAINT LWN Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied. 45. Because the Real Property is not ?Public Facility?, the Codes cannot be suspended for a private45development. Only if standard Codes are suspended under Gov. Code ?8698.1(b) can Appendix be invoked as substitute Codes. Thus, the Code establishes a mandatory duty that standard Codes shall be applied in the absence of a suspension of those Codes pursuant to Gov. Code ?8698, which jurisdiction is restricted to ?Public Facilities?, not private development. If Gov. Code ?8698 does not have jurisdiction over this project, then Appendix cannot be invoked, and standard Codes must be applied. The City failed to do so, despite express mandates of the Code. 46. In order to avoid the issues raised by Chris Constantine in his letter of April 2, 1019, Flaming and the City secretly resorted to a local Temporary Use Ordinance in an attempt to bypass the duty to apply Calif. Building Codes, or the Appendices to the Code which may be applied only to ?Public Facilities? during a Shelter Crisis, and the due process and equal protections incorporated with all similar development proposals. 47. Because of the ?Temporary? nature of the proposal, administrative discretion was exercised to waive all Development Impact Fees, further advancing the City policy to speci?cally facilitate this particular project by CHAT. 48. To further justify this set of ?ndings, the OPDI also falsely and arbitrarily found that: the proposal met the objectives of the General Plan; that Appendix would be voluntarily followed by that Simplicity Village is a use by right that requires no use permit (or other permits); no public hearings were necessary; and the brief non-binding promises of the Simplicity Village ?business plan? were somehow ?similar? to a use permit and therefore excused obtaining a real use permit; and that all development impact fees could be waived. 49. DeSpite the provisions of CMC ?19.16.060 the City did not conduct an environmental assessment of the Simplicity Village project in approving the project under the OPDI, nor was there any determination in conjunction with the OPDI of whether the project would be considered a ?project? under 14 CCR ?15378 or otherwise exempt from the California Environmental Quality Act (CEQA). This is consistent with the City?s bizarre treatment of the Simplicity Village 15 VERIFIED PETITION AND COMPLAINT development as falling into the same category as a ?Garage Sale? or a ?Car Wash? or a ?Farmer?s Market? stand which literally require nothing in the way of review, regulation or permits from the City. 50. On or about June 24, 2019, Frank Solinsky, and several others ?led a timely appeal with the Flaming Commission. On or about August 1, 2019 the appeal was heard by the Planning Commission. The appeal was denied on a vote of 6-0-1. 51. On or about August 12, 2019, Frank Solinsky ?led a timely appeal with the City Council. On or about September 24, 2019, the appeal was heard by the City Council and was denied on a vote of 5-1-1. At the time of ?ling this Petition, all administrative remedies have been exhausted. 52. This action is brought by Petitioner not just in his private capacity but also in the public interest, to vindicate important public rights, and the relief sought by Petitioner would be impossible to measure fully in money damages such that there is no economic bene?t to Petitioner to justify the cost of litigation for purely economic return. Upon successful conclusion of this legal proceeding, Petitioner will request a full award of attorneys? fees and costs on the ?private attorney general statute? of CCP ?1021.5, or any other such grounds as the law supports and the court deems appropriate. FIRST CAUSE OF ACTION (Writ of Mandate- CCP ?1085 et seq.) 53. Petitioner incorporates by reference each of the allegations set forth in paragraphs 1-52 of this Petition as if set forth fully herein. 54. Petitioner has no other adequate remedy in the course of law. 55. Petitioner has a bene?cial interest in the proceedings as an owner of real property in the City of Chico, and as a owner of a business interest, all of which will be directly impacted by the unlawful conduct of Respondent City. Additionally, Petitioner, as a public member, has a right to address the government to ensure that all laws are faithfully and fully complied with by the City of Chico and its elected of?cers and staff. 56. Petitioner will suffer irreparable injury if the writ is not granted, as Simplicity Village will 16 VERIFIED PETITION AND COMPLAINT allowed to proceed in violation of the mandatory duties of the City of Chico Municipal Code, the California Building Code, and other laws of the State of California as alleged herein. 57. The issues presented within this Writ are of great public importance to City of Chico and its inhabitants and must be resolved quickly and without undue delay. 58. The Respondents proceeded arbitrarily and capriciously, without and in excess of jurisdiction, failed to provide a fair trial of the facts and law, and exercised a prejudicial abuse of discretion by failing to proceed in a manner required by law. 59. Title 24, et seq. (CBC Chapter 1, Division 1, Section 1.1.3).establishes that the California Building Code ?shall be applied to the entire scope and purpose of the Code ?throughout the State of California. The language of the enactment, by use of the term ?shall? is obligatory, and explicit. While some administrative discretion is vested in the authority of the Flaming Director, that authority is not suf?cient to waive the duty or duties mandated by this enactment. 60. The enactment is applicable to the Public entity, as mandated by ?1.1.3.1 (supra) which requires that following standards in the California Code of Regulations, title 24, Parts 2, 2. 5, 3,4,5, 6,9, 10 and I 1 shall apply to all occupancies and applications not regulated by a state agency. A11 allegations in this complaint are for applications not regulated by the State, and within the jurisdiction of the City of Chico. 61. The Petitioner/Plaintiff hereby speci?cally pleads that a local ordinance does not have statutory authority to waive the mandatory duties of Title 24, et seq. and that Title 24 et seq. establishes mandatory duties with regard to the applicability of Title 24 to the Simplicity Village Proposal. Neither Title 24, nor Appendices of the Code were invoked or otherwise applied to the ultimate ?ndings of the OPDI 19-01 that the proposed project was a use by right not requiring a permit, and to be exempt from these mandatory enactments. 62. Respondent City has disregarded and violated the mandatory duties of: the California Building Code Standards and Title 24, et seq., by deliberately approving and allowing substandard construction of housing shelters and dwellings in the Simplicity Village project, to the harm and detriment of the public, Petitioner, and especially the prospective occupants of such substandard construction; and 17 VERIFIED PETITION AND COMPLAINT Gov. Code ?8698(c) in approving Simplicity Village without the required ?Public Facility? required to allow such development as proposed; and Gov. Code ?8698(e) in approving Simplicity Village and the emergency sleeping cabins incorporated in that project, without requiring that the development be ?located on property leased or owned by a political subdivision?; and Gov. Code ?8698.1(b) by suspending compliance with the state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, or safety; and Gov. Code ?8698.1(b) by failing and refusing to consider or make a ?nding that the suspension of health and safety regulations is necessary because ?strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis?; and Gov. Code ?8698.1(b) by suspending compliance with the state and local regulatory statutes, regulations, and ordinances prescribing standards of housing, health, or safety without applying the requirement of this section that such action may only be taken for ?public facilities open to the homeless pursuant to this chapter?; and Chico Resolution No. 82-18, the Declaration of a ?Shelter Crisis? which incorporates all of the same duties of Gov. Code ?8698 and ?8698.1 to the same effect as a local regulation; and CMC regulating the ML Zone and requiring a Use Permit for ?Emergency Shelters? and cumulatively the ?zoning clearance? required for any purported ?temporary emergency shelters?; and the entirety of the provisions of CMC 19.22 pertaining to ?Temporary Uses? and Respondent City?s: application thereof to Simplicity Village as if it is ?temporary?; the approval of Simplicity Village thereunder as a ?use by right? as if it were the same as a residential ?Car Wash? or a ?Garage Sale?; the failure to apply the one year limitation of ?temporary? under the de?nition of ?temporary? in Title 24, Part 2, vol.1, Chapter 2-De?nitions, page 90 which is applicable to all new construction such as Simplicity Village; the failure to apply the requirement of ?19.22.050 to Simplicity Village to clean and remove from the land all ?evidence of the temporary use upon completion? of the temporary period; the failure to enforce, as or if applicable, the condition of that temporary emergency shelters shall be permitted only for a maximum of 27 days 18 VERIFIED PETITION AND COMPLAINT day period; the misapplication of to determine contrary to their terms that the Simplicity Village ?sleeping cabins? are similar temporary uses to emergency facilities rather than ?shelters? as otherwise Speci?cally described. 63. Petitioner, and each and every other individual who opposed Simplicity Village have been treated differently from other appellants and citizens of the City of Chico, and have been subjected to deliberately biased, inconsistent, erroneous and unfair enforcement of the Chico Municipal Code, State law, the laws regarding the Shelter Crisis Declaration and Appendices and and the California Building Code. This violates Government code ?65 852, which requires just, uniform, fair and reasonable enforcement of ordinances and local laws. 64. Petitioner herein requests an immediate stay of the project known as Simplicity Village, and that no building or grading permit be issued, nor any work performed to advance the construction of Simplicity Village on and at the Real Property. WHEREFORE, Petitioner prays judgment as hereinafter set forth. SECOND CAUSE OF ACTION ((Writ of Mandate- CCP ?1094.5 et seq.) 65. Petitioner incorporates by reference each of the allegations set forth in paragraphs 1-64 of this Petition as if set forth fully herein. 66. In the course of applying the review procedures of the CMC arbitrarily selected by Respondent City to reach a desired result in favor of approval of Simplicity City rather than apply the law, the City failed to provide a fair trial of the facts and law; the City exercised a prejudicial abuse of discretion by failing to proceed in a manner required by law; and the decisions and interpretation are not supported by the ?ndings, and the ?ndings are not supported by the evidence. 67. The decisions of the City upon the matters alleged herein have no foundation in fact or anywhere in the record; have denied Petitioner due process and the right to actual consideration of the facts and evidence; and have worked a miscarriage of justice that renders the decisions of the City void and unenforceable. 68. Respondent? actions were not supported by substantial evidence in the record, nor did 19 VERIFIED PETITION AND COMPLAINT Respondent make ?ndings of fact to support the conclusions reached. Speci?cally, but without limitation, there was no substantial evidence in the record to support the conclusion by respondent City that Simplicity Village was a ?Temporary Emergency Facility?, that it could proceed solely under the jurisdiction of a local ordinance standing apart from State and Federal laws, that it is a temporary use, that it is supported by the Shelter Crisis Declaration without that statute being expressly invoked, that it was subject to Appendix in the absence of suspension of the California Building Codes under the terms if Gov. Code ?8698 et seq., that it was similar and equivalent to other allowed listed uses in the ML zone, that it was consistent with the goals and objectives of the General Plan, and there is no evidence in the record that justifies Simplicity Village proceeding in violation of the mandated duties imposed by the Building Codes, or that the OPDI was supported by true and correct ?ndings based on facts and evidence in the record. 69. Petitioner has exhausted all available administrative remedies available to Petitioner and have no other plain, speedy or adequate remedy at law, other than the relief sought by this Petition and Complaint. 70. Petitioner herein requests an immediate stay of the project known as Simplicity Village, and that no building or grading permit be issued, nor any work performed to advance the construction of Simplicity Village on and at the Real Property. WHEREFORE, Petitioners prays judgment as hereinafter set forth. THIRD CAUSE OF ACTION (Declaratory and Injunctive Relief; CCP ?1060) 71. Petitioner incorporates by reference each of the allegations set forth in paragraphs 1-70 of this Petition as if set forth fully herein. 72. A dispute and public controversy exists between Plaintiff and Defendants as to the legal duties and obligations of the City under State law and the Chico Municipal Code as hereinbefore alleged. Plaintiff contends that the State laws and the Chico Municipal Code prohibit the approval of Simplicity Village as presented on these facts and the law. Defendant City, however, contends that it?s interpretation of these laws and the facts supports approval of Simplicity Village. 20 VERIFIED PETITION AND COMPLAINT ALAN court determination is required to settle and resolve the present dispute and controversy that exists between these parties. No form of monetary relief is adequate to address these issues. Plaintiff has performed all conditions precedent to obtain equitable relief by way of a declaratory judgment of the relative rights and duties of the parties under the law and the controversy described herein, including injunctive relief required to enforce the rights of Plaintiff and the duties of Defendant under the law. 74. Plaintiff and the public will be irreparably harmed if Defendants and each of them are not enjoined during the pendency of this action from constructing and developing Simplicity Village. WHEREFORE, Petitioner prays judgment as hereinafter set forth. FOURTH CAUSE ACTION (Violation of the California Environmental Quality Act; Pub. R. ?21000 et seq.) 75. Petitioner incorporates by reference each of the allegations set forth in paragraphs 1-71 of this Petition as if set forth fully herein. 76. Public Resources Code ?21080 applies the requirements of the California Environmental Quality Act (CEQA) to ?discretionary projects proposed to be carried out or approved by public agencies.? The City of Chico and its duly appointed of?cers exercised and applied their discretion in the approval given to Simplicity Village. 77. Under the CEQA ?Guidelines? found in Title 14, Div. 6, Chapter 3 ?Guidelines For Implementation Of the California Environmental quality Act? at ?15378, the term ?project? means ?the whole of an action which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.? The Simplicity Village development was issued an approval for entitlement to proceed by the City through the Director?s explicit approval given in OPDI No. 19-01. In addition, the City subsidized the Simplicity Village development by waiving all development fees associated with the project. And the OPDI No. 19-01 was itself a form of zoning approval affecting both the speci?c property and as potential precedent for zoning decisions throughout the City on any similar projects. Under Guidelines ?15378(a) the Simplicity Village approval was a ?project? requiring environmental 21 VERIFIED PETITION AND COMPLAINT scrutiny under CEQA. 78. Further, under CMC ?19.l6.060 of the Chico Environmental Review Guidelines, and as indicated Table 4-8 for the ML Zone under procedures required for a zoning clearance, even a theoretical use by right requires an ?environmental assessment? by the Director so that it obtains CEQA review. 79. In the present matter there was no environmental assessment or any CEQA review of any kind given on the OPDI No. 19-01. This in itself is a violation of CEQA that requires reversal of the decision on the OPDI for review and an environmental assessment and further action under CEQA. 80. The substantive decision of the OPDI No. 19-01 was based on the alleged applicability of the City?s Declaration of Shelter Crisis to the Simplicity Village project. As hereinbefore alleged, Petitioner disputes that the Simplicity Village project quali?es for consideration under the Shelter Crisis Declaration because the project did not meet the foundational requirements of a ?Public Facility? under Gov. Code ?8698 ?8698.l nor was the project on ?land leased or owned by a political nor did the City make a ?nding that the substandard construction of sleeping cabins proposed for Simplicity Village was necessary because ?strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.? (Gov. Code The Shelter Crisis declaration cannot be deemed applicable to the Simplicity Village project either substantively or for purposes of determining in any way the applicability or potential extent of CEQA review. Simplicity Village has no statutory shield from environmental review as a crisis mitigation measure. 81. Only after the Flaming Commission and City Council denied Petitioner?s appeal of the approval of Simplicity City did the City assert in its resolution denying the appeal that this development project is ?exempt? from CEQA review as an ?emergency? mitigation measure under Guidelines ?15269(c). The City?s application of the ?exemption? (in addition to being untimely) was inaccurate on two grounds. (1) The failure of Simplicity Village to meet the requirements for the Shelter Crisis declaration deprives of any characterization or quali?cation for coverage under the Shelter Crisis laws. (2) The term ?emergency? has an explicit de?nition under CEQA quite different from the general conditions for a shelter crisis. Guidelines ?14 CCR 15359 de?ne an ?emergency? 22 VERIFIED PETITION AND COMPLAINT .follows: "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as ?re, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage. Whereas, per Gov. Code ?8698 a ?shelter crisis? is the ?existence of a situation in which a signi?cant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.? The distinction is the immediacy, imminent danger and exigency of an ?emergency? under CEQA required to qualify for exemption. In contrast, the housing shortage coupled with poverty, potential substance abuse, and potential mental health issues are the slow moving even if admittedly dire circumstances behind the ?shelter crisis.? CEQA demands that if there is time to do so, the importance and priority of protecting the environment requires that CEQA review be carried out. In this matter there is not a CEQ ?emergency? that provides an exemption to environmental review for Simplicity Village. 82. The scope and magnitude of Simplicity Village clearly poses a ?signi?cant impact? on the environment that necessitates an environmental impact report. The record re?ecting a $700,000+ development project, with high density residential concentration, intensive social services activities, in a Zone that is not compatible with the proposed use, over a span of up to 18 years, demonstrates signi?cant impacts that warrant an EIR. 83. Irreparable harm will be suffered by the environment, Petitioner, and the public if the project is not enjoined pending a ?nal determination in this proceeding and ultimately the preparation and completion of an EIR. 84. Respondents/Defendants abused their discretion and violated CEQA in approving the Simplicity Village project without environmental review, such that mandamus and related inj unctive and/or equitable relief is appropriate under CCP ?1085 and Public Resources Code ?21168. 85. Petitioner has complied with all conditions precedent required for ?ling and maintaining this action. 86. WHEREFORE, Petitioner prays judgment as hereinafter set forth. 23 VERIFIED PETITION AND COMPLAINT PRAYER FOR RELIEF Petitioner respectfully praysjudgment against Respondents/Defendants, as follows: (1) For issuance of a writ of mandate. for injunctive relief, andfor other extraordinary relief directing and commanding the Respondent to vacate and set aside their invalid denial of Petitioner?s appeals; (2) That the court adjudicate, determine and declare that the Respondent's application and interpretation of the local and state laws is invalid, arbitrary, and does not serve a legitimate public purpose as applied to this particular project: (3) For an award of general damages, special damages, and consequential damages against Petitioner, for the damages suffered by Petitioner as a result of Respondent's unlawful conduct pursuant to Civ. Proc. Code, 1095: (4) For a writ of mandate setting aside the decisions, approvals and determinations by Respondents avoiding environmental review. and ?lrther ordering and directing Respondents to carry out CEQA review through preparation of an environmental impact report; (5) For recovery of Petitioner?s? costs of suit and litigation expenses, including reasonable attorney's fees. expert witness fees. and other litigation costs incurred herein, in an amount according to proof; and (6) For such other and further relief as the court may deem just and appropriate. Dated: October 31, 2019 MCNEILL LAW OFFICES WALTER P. MCNEILL ATTORNEYS FOR Maww WALTER P. MCNEILL ATTORNEY FOR PETITIONERS 24 VERIFIED PETITION AND COMPLAINT ?NM-l?l-lI-dl?D?I?ll-I?ll?O ERIFICATION 1, Frank Solinsky, am an owner of real property in the City of Chico, and Petitioner in this action. 1 have read the foregoing Veri?ed Petition for Writ of Mandate and Complaint, and know its contents. The facts alleged in the above Petition are within my own knowledge and I know these facts to be true, except as to matters alleged therein on information and belief. I declare, under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration is executed on October 31, 2019 in Chico, California. (M4 Frank Solinsky Petitioner VERIFIED PETITION AND COMPLAINT Exhibit 31 8.161401: Butte Count! 5 Book Q-N- . 3 08-80 589'43'51 1.89Ac ZILquumnc. ?n Iuwv 191.02 53 IJlAci El 95E 1 32 Exhibit mm Ila-nun mum-=1 ?annular-MI." manna- aunt mums: mum?In tulle-1t Minimum-1m! ?Human-noun ml-? minutiae-Inn ?manua- Hm?l?a?-l I Eu?? oo .- h, In". mid-'3 NV'ld 3118 was 39mm muomm um? Exhibit Portables: 12' 60' bathrooms, laundry, kitchen 2Toilets, 6 Sinks, 2 Showers 2 Clothes Washers each Gate Monitor House ADA Restroom and shower permanent building 1 Toilet. 1 Sink, 1 Shower Multi-Purpose Community Bldr\ iToilet.1 Sink Covered Outdoor Dinning Area 2 Sinks 4Tollets and 4 sinks in the 4 ADA cabins 8 Tall Hose Bibs CH8 SimplicityVillage Site Model 12c on 2.6 acres of Justine Med Ball's property on Notre Dame Blvd, Chico CA AFN 040-030-028 Illuminated Entry Directory Fire Hydrant Gardens - 8' 33 TinyHomes I 8?x12?& 8'x16' Portables: T2?x 60? bathrooms, laundry, kitchen Dumpster Enclosure 23 Parking Spaces 8'14 20' Gate Monitor House ADA Restroom and shower permanent building 12' 24' with 800 amp. 120/208 v, 3 ph, 4 service entrance. Panel on northwest corner of building 12' 32?Workshop Meeting Rooms I I Bicycle Racks Covered outdoor dining 60' and food prep area Storage Units 8'x 20' I 8' Shipping Containers. Multi?Purpose 12'x 57' Community Building DG Path of Travel Road Base Driveway wlmin. interior radius 0' 23? Proposed Lease property Line 255?x 500' and fence line Exhibit Ll'iittci l--i (711:5:le .fAtziiQri T- - Chico Housing Action Team PO Box 4868 Chico. CA 95927 July 2,2018 Ted and Justine Ball 7064 Firefly Green Lane Roseville, CA 95747 Re: Binding Letter of intent Lease of real property, a portion ofA.P. No. 040-030-028 on Notre Dame Boulevard, Chico, California Dear Mr. and Mrs. Ball: This letter ("Letter of Intent") constitutes an offer from Chico Housing Action Team or "Lessee?) to lease from The Ball Family Living Trust (?Lessor?) a portion of Butte County Assessor?s Parcel No. 040?030-028, located on Notre Dame Boulevard in Chico, California ("the Ball Parcel"). The portion being leased ("the Property") consists ofapproximately 2.5 acres as more particularly shown in the attached Exhibit A, incorporated by reference. The portion to be leased is bounded by a dividing line 314 feet north of the existing fence that presently cuts across the Ball Parcel, and runs parallel to that fence line, except that 50 feet from the western edge of the property, the dividing line angles toward the south and west to the edge of the Ball Parcel, crossing the existing fence line L7 feet from the western edge of that fence. This is to allow ready access for the Lessor from Notre Dame Avenue to the northern portion of the Ball Parcel, which is not being leased to CHAT, where the stables and creek (slough) are located. The portion to be leased to CHAT includes all of the Ball Parcel south of this above described "dividing line?, extending to the southernmost tip of the Property. The use ofthe Property will be for the development of a transitional housing "village", which is to include small sleeping cabins or mini-houses, a community building with shared kitchen, bathrooms, laundry and meeting facilities, classrooms and vocational training facilities, and other appurtenant structures (the ?Project?]. Some or all ofthe buildings may be designed to be movable. This offer supersedes any other written or oral offers or communications. 1. Lease and Terms The lease terms for the Property shall be as follows: Consideration in the amount is due within 10 days of Lessor's execution of this Letter of Intent, and such consideration shall be applied to the rent if a lease is executed by the parties; Initial lease term shall?be for two years, and Lessee shall have options to extend the lease for years each; Rent shall be payable for the first twelve months in the amount per month and $1,700.00 per month thereafter for the balance?pr?thejnitial two year term; after the first two years, the rent will increase by at the start of\ each new year for the remainder ofthe lease term and any extensions. a. - 91"?ng 4393*" i? 1 - m: car. r. Property taxes shall be paid by Lessor. In the event that property taxes are - . increased as result ofany improvements made by Lessee during the term of the lease, such increased amounts shall be paid by Lessee upon demand by Lessor, such demand to be sent by certified mail and email to the Lessee, with appropriate documentation showing the property tax increases; Lessee shall obtain liability insurance for the Property/Project with Lessor as additional named insured, and Lessee shall provide hard and electronic copies of insurance documents regarding Project and Property to Lessor, showing Lessor as additional named insured. Lessee shall have a first right of refusal to purchase the Property in the event that Lessor desires to sell the Property. In the event that a third party purchases the Property, CHAT shall be reimbursed for the amounts spent on capital improvements, such as bringing city sewer, gas, water, and/or electric hook ups to the property. Any such expenditures are to be reported to Lessor, and hard and electronic copies shall be provided by the Lessee showing costs incurred for all such infrastructure] capital improvements. These capital improvements shall be made in consultation with the Lessor, and done in such as way as to benefit both parties, to the extent feasible, with Lessor bearing any additional cost incurred to make the utility accesses convenient to Lessor. The right to reimbursement for capital improvements shall be evidenced by a note payable to CHAT upon close of escrow by Lessor with no interest and upon such other terms as may be amenable to the parties. (3) No portion of the leased Project shall be assigned or sublet to a third party without the express written consent of the Lessor other than as part of Lessee's intended use of the Project for Lessee?s transitional housing project and related services and programs for the residents. Lessor reserves in? use and control of the existing "stables" on the property, which are expressly excluded from the leased area. Upon termination of the lease, CHAT retains the right to remove any movable structures, such as ?tiny houses" and modular structures, from ?the Property within 9.0 days ofthe expiration ofthelease,atCHAT?s own expense. ?s 'o qiir'd remo e/its ujesl?- operty. A ythi gut?), If ?9 7 Pr ?ryyi?glo a i elite abandon-d3 agile. slos dof yt, Lg: this ayde 3 pr pri?at?. The lease shall contain other standard and common provisions fora lease ofthis nature. 2. Failure to Obtain Entitlements if Lessee fails to receive the required entitlements and approvals from the City ofChico or other regulatory bodies or agencies within 6 month from the mutual execution of this Letter of Intent, and no lease between the parties is executed pursuant to section 3 below, the consideration of $3,000.00 shall be retained by Lessor. 3. Lease Agreement Within thirty days after Lessee has received the necessary entitlements and approvals from the City ofChico and any other governing bodies or regulatory agencies, the parties shall execute a formal lease agreement for the Property ("Agreement") that shall contain the terms and conditions in this letter. 4. Other Terms and Conditions No later than five days after Lessor?s execution ofthis Letter of Intent, Lessee shall have the right to physically inspect the Property and investigate the public records and other documents concerning construction, financing, environmental issues, flood risk, and title to the Property to determine, in Lessee?s absolute discretion, whether Lessee desires to lease the Property in its existing condition, subject to Paragraph 4(c] ofthis Letter of intent. Lessor agrees to provide Lessee with reasonable access to the PrOperty to make the inspections under Paragraph if Lessee is dissatisfied for any reason with the Property at this stage, Lessee shall immediateiy notify Lessor in writing ofthis dissatisfaction and shall terminate this Letter of Intent, and the deposit shall be refunded. Lessor agrees to reasonably cooperate with Lessee in connection with applications to the City of Chico or any County or State agency regarding development applications 3 for the Project, including any required applications for zoning changes, use permits, planned unit development applications, subdivision map applications, building permits, environmental reviews, or any other approvals, waivers, investigations, or other government action that may be required to move forward with the Project, or on any objection to a tax reassessment that Lessee may wish to file in the future. The Lessor is not required to incur any financial expense in regard to any of these matters, but only to help as needed by providing requested information, signing any required applications, declarations, or appeals, allowing special improvements that may be required by a particular agency, and appearing at a hearing or hearings, if this should be required by an agency. The cost ofany lot split shall be paid by the Lessor. 5. Commission The parties warrant and represent that no broker is entitled to any sales commission arising out of the Letter of intent or final lease. 6. Notices Any notices to be sent pursuant to this Letter of intent shall be sent by certified mail, return receipt requested, to the address following each party's signature below. Any notice shall be deemed received three (3) days following deposit in the United States Mail, properly addressed and in accordance with this Paragraph. Simultaneously with such written notice, email notice shall also be sent, to any email addresses provided following the signature line ofthe party to be noticed. 7. Governing Law This Letter of Intent shall be governed by California law. This Letter of Intent constitutes Lessee's offer to lease the Project on Lessee's terms and conditions, and once executed by Lessor, is intended to be a binding statement of the terms of the lease. This offer shall be valid until ,2018. lfnot accepted by this date, this offer shall automatically terminate. LESSEE: Address: Chico Housing Action Team (CHAT) PO Box 4868 7-- Chico, ca 95927 By: ,a a I I I [Ice/i e- aerate-raj till? ctr/9 4 Leslie Johnson. Secretary Email: Email: Email: THE UNDERSIGNED ACCEPTS THE STATED OFFER AND AGREES TO LEASE THE PROJECT TO LESSEE ON THE TERMS AND CONDITIONS IN THIS OF INTENT: LESSOR: Address: Ball Family Living Trust IVPrthamePosmon: z'r -. Email: .. I H'ru U1 Simplicity Village Site Model 7 on Justine Med Ball's property on Notre Dame Blvd., Chico CA APN 040-030-028 Gardens 33 Tiny Home: Portables: barhrooms. laundry. kitchen Meeting Room and Shop Gare Monitor House Covered outdoor dining and {00d prep area Storage Units I Classroom I Proposed Lease property line village Site Model 6 .ar Exhibit City Council Agenda Report Meeting Date: 10/02/18 TO: Honomble Mayor and City Council FROM: Vincent C. Ewing, City Attomey RE: Declaration of Shelter Crisis and Homeless Emergency Aid Program REPORT IN BRIEF: The Homeless Emergency Aid Program (HEAP) makes $500 million in one-time funding available to Continuums of Care (CoCs) and large cities (population over 330,000) in the State of California. This funding is intended to provide immediate emergency assistance to those jurisdictions that are experiencing homelessness or at risk of homelessness. The Butte Countywide Hemeless Continuum of Care (?local is eligible for 4.9 million in HEAP funding. Pursuant to Government Code Sections 8698 e!.seq., the City may declare a shelter crisis via resoltuion of the City Council upon a ?nding that a signi?cant number of persons within the City are without the ability to obtain shelter, resulting in a threat to their health and safety. Said declaration of shelter crisis is being considered by the City Council since the State requires a shelter crisis declaration in order for local jurisdictions, and service providers with thosejurisdictions. to be eligible for HBAP funds through their local RECOMMENDATION: It is recommended that the City Council adopt Resolution No. XX, which declares a Shelter Crisis in the City ofChico. (Exhibit FISCAL IMPACT: The fiscal impact associated with this action, includes the staff time incurred in preparing this report and if approved the staff time associated with implementation of HEAP Funds. DISCUSSION: Homeless Emergency Aid Fragrant (HEA P) Funding In June 2018, Governor Brown signed Senate Bill 350 and related budget trailer bills into law that launched the Homeless Emergency Aid Program (HEAP) and made $500 million in one-time funding available to Continuums of Care (CoCs) and large cities (population over 330,000). The purpose Re: Declaration of Shelter Crisis and Homeless Emergency Aid Program Meeting Date: 10'02?l8 Page 2 of4 of this one-time funding is to provide immediate emergency assistance to those jurisdictions that are experiencing homelessness or at risk of homelessness. CoCs are regional or local planning bodies that coordinate housing and services funding for homeless families and individuals. They were ?rst created in I995 when the US. Department of Housing and Urban Development (HUD) began to require communities to submit a single application for homeless assistance grants in order to streamline the funding application process. CoCs deveIOp community plans to organize and deliver housing and services to meet the speci?c needs of people who are homeless as they move to stable housing and maximize self-suf?ciency. The local CDC is identi?ed by the State as the Chico, Paradiset'Butte County Continuum of Care and is known locally as the Butte Countywide Homeless Continuum of Care (?local HEAP funding will ?ow through the local CoC's Administrative Entity, which is the Community Action Agency of Butte County, Inc. (CAA), unless one of the general purpose local governments (Butte Coonty or a City/T own) ful?lls the role as Administrative Entity for purposes of HEAP funding. The County has offered to serve as the Administrative Entity for HEAP funds. Within the incorporated and unicorporated areas of Butte County, the State identi?ed l,l95 individuals out of the local CoC's 2017 Homeless Point in Time Census and Survey Report that meet the State's de?nition for homeless. Based on that number, the local is eligible for approximately $4.9 million in HEAP funding, if the meets all State requirements, including at least one local jurisdiction declaring a shelter crisis. The local may then award the funding to local agencies and organizations, including cities and the County, that meet State guidelines. Eligible uses for HEAP funding include, but are not limited to: 0 Services: street outreach, health and safety education, criminal justice diversion programs, prevention services, navigation services, and operating support for short-term or comprehensive homeless services. 0 Rental Assistance or Subsidies: housing vouchers, rapid re-housing programs, and eviction prevention strategies. 0 Capital Improvements: emergency shelters, transitional housing, drop-in centers, permanent supportive housing, smallt?tiny houses, improvements to current structures that serve homeless invididuals and families, and handwashing stations or public toilet and shower facilities. Please note that any capital improvements would require compliance with applicable building, zoning, and health and safety codes. At least 5% of HEAP funds must be used to establish or expand services meeting the needs of hemeless yomh or youth at risk of homelessness. Shelter Crisis Declaration Pursuant to Government Code section 8698 et seq., the City may declare a shelter crisis upon a ?nding that a signi?cant number of persons within the City are without the ability to obtain shelter, resulting in a threat to their health and safety. Re: Declaration of Shelter Crisrs and Homeless Emergency Aid Program Meeting Date: 8 Page 3 of 4 The California Homeless Coordinating and Financing Council identi?ed 433 unsheltered homeless persons, from the 2017 Homeless Point in Time Census and Survey Report, located in the City. The number of homeless individuals located in the City is signi?cant, and the health and safety of unsheltered persons in the City is threatened by lack of shelter. A declaration of a shelter crisis provides the City with the following options, but does not require any of them to be utilized: 0 Per Government Code section 8698(c), any vacant or underutilized facility or property currently owned, leased, operated, or maintained by the City, through money derived by taxation or assessment, may be designated a public facility (?City Designated Facility?) for purposes of emergency sheltering during the declaration. a Per Government Code section the City may suspend the provision of any state or local law or regulations prescribing standards of housing, health, or safety to the extent that strict compliance would prevent, hinder, or delay the provision of emergency shelter(s) in or on City Designated Facilties. Federal laws and regulations will still apply. 0 Per Government Code section the City may enact, in place of the housing standards referenced above, health and safety standards effective only during the declaration, to ensure minimal public health and safety. 0 Per Government Code section the City may allow persons unable to obtain housing to occupy, from time to time, City Designated Facilities during the duration of the declaration. Per Government Code section the City is immune from liability for ordinary negligence in the provision of emergency housing to unsheltered persons during the declaration, limited to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. ln addition to the above, the State requires a shelter crisis declaration in order for local jurisdictions. and service providers with those jurisdictions, to be eligible for $4.9 million in HEAP funds through the local Exhibit A, attached, illustrates the options related to shelter crisis declarations and HEAP funding, depending on whether the City declares a shelter crisis. The Board of Supervisors of Butte County declared a shelter crisis in the County via resolution on September 25, 2018 . The proposed resolution declaring a shelter crisis would allow the following: The City to apply to the for funding to provide services in jurisdiction; . The City to apply to the for funding for capital improvements and rental subsidies within jurisdiction; 0 The City to authorize use of appropiate City Designated Facilities for sheltering purposes in the City. Re: Declaration of Shelter Crisis and llorneless Emergency Aid Program Meeting Date: 1002.18 Page 4 0H Use Of City Designated Facilities If the City Council chooses to declare a shelter crisis, it does not automatically authorize the use of any speci?c prepeny or facility for use as emergency shelter, it only allows the City Council the option to do so. If the City Council would like to consider use of any particular property, staff recommends that the City Council direct the City Manager, or designee, to request proposals from interested organizations providing homeless shelter services, with the City Manager bringing any viable proposals to the City Council for consideration. If the City Council approves a proposal, it will also authorize the appropriate facility to be a City Designated Facility and direct the City Manager to enter into an agreement with the organization to operate an emergency shelter at the City Facility no longer than the duration ofthc crisis. Options Regarding A Shelter Crisis Declaration i. Adopt the resolution declaring a shelter crisis. [f a shelter crisis declaration is adopted by the City Council, the HEAP funding becomes available for: The City to provide HEAP-funded services in the City mental health services, public health services, employment and social services, substance abuse services); I The City and service providers to use HEAP funding for capital improvements and rental subsidies in the City (capital improvements must meet all applicable building, zoning. and health and safety laws and regulations); In addition, the shelter crisis declaration allows the City Council to designate vacant or underutilized City properties and facilities for temporary sheltering purposes. 2. Do not adont the resolution declaring a shelter crisis. If a shelter crisis declaration is not adopted by the City Council, HEAP funding will not be available to the City for provision of additional citywide services, or to fund capital improvements or providing rental subsidies in the City. ln addition, the City Council will not have the ability to designate vacant or underutilized City properties or facilities in anyjurisdiction for use as emergency sheltering. ATTACHMENTS: Exhibit - Shelter Crisis Declaration and Heap Funding Chart Exhibit - Resolution Exiblt - OPTIONS REGARDING A SHELTER CRISIS DE LARATION Since Butte County declared Shelter Crisis on 9/25/18, the following is triggered: County may only provide HEAP Services countywide N0 City and prowders within City are not eIigtble for HEAP Funding Vacant or underutilized City properties/ facilities may not be used for emergency sheltering Without meeting all State and Local health/safety and building codes SHELTER CRISIS DECLARATION YES Eligible for HEAP funding City may provide HEAP services within jurisdiction City may provide HEAP Rental Subsidies within jurisdiction City may fund HEAP Capital Improvements within Jurisdiction City may designate vacant or underutilized City properties/facilities for emergency sheltering without meeting all State and local health/ safety and building codes (with or without HEAP funds). Since Butte County declared Shelter on 9/25/18, the following are triggered -County may prowde HEAP Services countywide -County may provide HEAP Rental Subsidies and/or fund HEAP Capital Improvements within City County may designate vacant or underutilized County properties/facilities for emergency sheltering wrthin ?UfISdlCIlon (with or with HEAP Funding) City Council Agenda Report Meeting Date: 10/02/18 TO: Honorable Mayor and City Council FROM: Vincent C. Ewing, City Attorney RE: Declaration of Shelter Crisis and Homeless Emergency Aid Program REPORT IN BRIEF: The Homeless Emergency Aid Program (HEAP) makes $500 million in one-time Funding available to Continuums of Care (CoCs) and large cities (population over 330,000) in the State of California. This funding is intended to provide immediate emergency assistance to those jurisdictions that are experiencing homelessness or at risk of homelessness. The Butte Countywide Homeless Continuum of Care (?local is eligible f0r 4.9 million in HEAP funding. Pursuant to Government Code Sections 8698 e!.seq., the City may declare a shelter crisis via resoltuion of the City Council upon a ?nding that a signi?cant number of persons within the City are without the ability to obtain shelter, resulting in a threat to their health and safety. Said declaration of shelter crisis is being considered by the City Council since the State requires a shelter crisis declaration in order for local jurisdictions, and service providers with those jurisdictions. to be eligible for HEAP funds through their local RECOMMENDATION: It is recommended that the City Council adopt Resolution No. XX, which declares a Shelter Crisis in the City ofChico. (Exhibit FISCAL IMPACT: The ?scal impact associated with this action, includes the staff time incurred in preparing this report and if approved the Staff time associated with implementation of HEAP funds. DISCUSSION: Emergency Aid Program (HEA P) Funding in June 2018, Governor Brown signed Senate Bill 850 and related budget trailer bills into law that launched the Homeless Emergency Aid Program (HEAP) and made $500 million in one-time funding available to Continuums of Care (CoCs) and large cities (population over 330,000). The purpose Re: Declaration of Shelter Crisis and Homeless Emergency Aid Program Meeting Date: 10/02/18 Page 2 oftt of this one~time funding is to provide immediate emergency assistance to those jurisdictions that are experiencing homelessness or at risk of homelessness. CoCs are regional or local planning bodies that coordinate housing and services funding for homeless families and individuals. They were ?rst created in 1995 when the US. Department of Housing and Urban Development (HUD) began to require communities to submit a single application for homeless assistance grants in order to streamline the funding application process. CoCs deve10p community plans to organize and deliver housing and services to meet the Speci?c needs of people who are homeless as they move to stable housing and maximize self-suf?ciency. The local is identi?ed by the State as the Chico, Paradise/Butte County Continuum of Care and is known locally as the Butte Countywide Homeless Continuum of Care (?local HEAP funding will ?ow through the local CoC?s Administrative Entity, which is the Community Action Agency of Butte County, lne. (CAA), unless one of the general purpose local governments (Butte County or a City/T own) ful?lls the role as Administrative Entity for purposes of HEAP funding. The County has offered to serve as the Administrative Entity for HEAP funds. Within the incorporated and unicorporated areas of Butte County, the State identi?ed 1,195 individuals out of the local CoC's 2017 Homeless Point in Time Census and Survey Report that meet the State's de?nition for homeless. Based on that number, the local is eligible for approximately $4.9 million in HEAP funding, if the meets all State requirements, including at least one local jurisdiction declaring a shelter crisis. The local may then award the funding to local agencies and organizations, including cities and the County, that meet State guidelines. Eligible uses for HEAP funding include, but are not limited to: Services: street outreach. health and safety education, criminal justice diversion programs, prevention services, navigation services, and Operating support for short-term or comprehensive homeless services. 0 Rental Assistance or Subsidies: housing vouchers, rapid re-housing programs, and eviction prevention strategies. - Capital Improvements: emergency shelters, transitional housing, drop-in centers, permanent supportive housing, small/tiny houses, improvements to current structures that serve homeless invididuals and families, and handwashing stations or public toilet and shower facilities. Please note that any capital improvements would require compliance with applicable building, zoning, and health and safety codes. At least 5% of HEAP funds must be used to establish or expand services meeting the needs of homeless yourh or youth at risk of homelessness. Shelter Crisis Declaration Pursuant to Government Code section 8698 et seq., the City may declare a shelter crisis upon a ?nding that a signi?cant number of persons within the City are without the ability to obtain shelter, resulting in a threat to their health and safety. Re: Declaration of Shelter Crisis and Homeless Emergency Aid Program Meeting Date: 10/021' I8 Page 4 of 4 Use Of City Designated Facilities If the City Council chooses to declare a shelter crisis, it does not automatically authorize the use ofany speci?c property or facility for use as emergency shelter, it only allows the City Council the option to do so. If the City Council would like to consider use of any particular property, staff recommends that the City Council direct the City Manager, or designee, to request prOposals from interested organizations providing homeless shelter services, with the City Manager bringing any viable to the City Council for consideration. if the City Council approves a proposal, it will also authorize the appropriate facility to be a City Designated Facility and direct the City Manager to enter into an agreement with the organization to operate an emergency shelter at the City Facility no longer than the duration ofthe crisis. Options Regarding A Shelter Crisis Declaration 1. Adopt the resolution declaring a shelter crisis. if a shelter crisis declaration is adopted by the City Council, the HEAP funding becomes available for: The City to provide l-lEAP-funded services in the City mental health services, public health services, employment and social services, substance abuse services); 0 The City and service providers to use HEAP funding for capital improvements and rental subsidies in the City (capital improvements must meet all applicable building, zoning, and health and safety laws and regulations); in addition, the shelter crisis declaration allows the City Council to designate vacant or underutilized City properties and facilities for temporary sheltering purposes. 2. Do not adopt the resolution declaring a shelter crisis. if a shelter crisis declaration is not adopted by the City Council, HEAP funding will not be available to the City for provision of additional citywide services, or to fund capital improvements or providing rental subsidies in the City. in addition, the City Council will not have the ability to designate vacant or underutilized City properties or facilities in anyjurisdiction for use as emergency sheltering. ATTACHMENTS: Exhibit - Shelter Crisis Declaration and Heap Funding Chan Exhibit Resolution Re; Declaration of Shelter Crisis and Homeless Emergency Aid Program Meeting Date: IOIOZIIS Page 3 ON The California Homeless Coordinating and Financing Council identi?ed 433 unsheltered homeless persons, from the 20]? Homeless Point in Time Census and Survey Report, located in the City. The number of homeless individuals located in the City is signi?cant, and the health and safety of unsheltered persons in the City is threatened by lack ofshelter. A declaration ofa shelter crisis provides the City with the following options, but does not require any of them to be utilized: a Per Government Code section 8698(c), any vacant or underutilized facility or property currently owned, leased, operated, or maintained by the City, through money derived by taxation or assessment, may be designated a public facility (?City Designated Facility?) for purposes of emergency sheltering during the declaration. a Per Government Code section the City my suspend the provision of any state or local law or regulations prescribing standards of housing, health, or safety to the extent that strict compliance would prevent, hinder, or delay the provision of emergency shelter(s) in or on City Designated Facilties. Federal laws and regulations will still apply. 0 Per Government Code section the City may enact, in place of the housing standards referenced above, health and safety standards effective only during the declaration, to ensure minimal public health and safety. 0 Per Government Code section the City may allow persons unable to obtain housing to occupy, from time to time, City Designated Facilities during the duration of the declaration. Per Government Code section 8698. the City is immune from liability for ordinary negligence in the provision of emergency housing to unsheltered persons during the declaration, limited to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. In addition to the above, the State requires a shelter crisis declaration in order for local jurisdictions. and service providers with those jurisdictions, to be eligible for $4.9 million in HEAP funds through the local Exhibit A, attached, illustrates the options related to shelter crisis declarations and HEAP funding, depending on whether the City declares a shelter crisis. The Board of Supervisors of Butte County declared a shelter crisis in the County via resolution on September 25, 2018 . The proposed resolution declaring a shelter crisis would allow the following: The City to apply to the for funding to provide services in jurisdiction; - The City to apply to the for funding for capital improvements and rental subsidies within jurisdiction; 0 The City to authorize use of appropiate City Designated Facilities for sheltering purposes in the City. Exibtt - QPTIONS REGARDING A SHELTER CRISIS DECLARATION Since Butte County declared Shelter Crisis on 9/25/18, the following is triggered: County may only provide HEAP Services countywide NO City and prowders within City are not eligible for HEAP Funding Vacant or underutilized City preperties/ facilities may not be used for emergenCy sheltering Without meeting all State and Local health/safety and bunlding codes SHELTER CRISIS DECLARATION YES Eligible for HEAP funding City may provide HEAP services within jurisdiction City may provide HEAP Rental Subsldies within jurisdiction City may fund HEAP Capital Improvements within Jurisdiction City may designate vacant or underutilized City properties/facilities [or emergency sheltering without meeting all State and local health/ safety and building codes (with or without HEAP funds). Since Butte County declared Shelter on 9/25/18, the following are triggered -County may prowde HEAP Services countywide -County may prowde HEAP Rental Subsidies and/or fund HEAP Capital Improvements within City -Counly may designate vacant or underutilized County properties/facilities for emergency sheltering Within Jurisdiction (With or wuth HEAP Funding) Exhibit RESOLUTION NO. 8248 RESOLU i?lON OF '11 lL? COUNCIL OF THE Cl'l'Y OF CHICO DECLARING A SHELTER CRISIS IN THE CITY OF WHEREAS, California?s Governor Edmund G. Brown, Jr. and the members of the California legislature reeogni7ed the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature provided funding to local governments under the Homeless Emergency Aid Program as part of Senate Bill 850 (Housing) and the 20l 8-l9 Budget Act (Chapter 48, Statues of2018); and WHEREAS, the Governor and Legislature requirejurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code Section 8698 et seq.; and WHEREAS, the City has participated with the Continuum of Care in the development of a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, Goxernment Code Section 8698 et seq. permits a City to declare a shelter crisis upon a ?nding that a signi?cant number of persons located with the City are unable to ?nd shelter, and that their inability to ?nd shelter creates a threat to the health and safety of those persons; and WHEREAS, upon a declaration of a shelter crisis, the City may allow public facilities, which are de?ned as vacant or underutilized buildings that the City owns, leases, or otherwise controls, to be occupied by homeless individuals under conditions provided by other statutes; and WHEREAS, the California Homeless Coordinating and Financing Council identi?ed 433 unsheltered homeless persons, from the 2017 Homeless Point in Time Census and Survey Report, located in the City; and WHEREAS, the City Council ?nds that the number of homeless individuals located in the City is signi?cant, and some homeless individuals are without the ability to obtain shelter; and WHEREAS, the City Council ?nds that the health and safety of unsheltered person in the City is threatened by lack of shelter; and Page I of} WHEREAS, the City affirms its commitment to combatting homelessness and creating or augmenting a continuum ofshelter and service options for those living without shelter in the City. NOW, THEREFORE, BE IT RESOLVED by the Council ol'the City ofChieo as follows: i. A shelter crisis pursuant to Government Code Section 8698 et seq. exists in the City. 2. The City is authorized to participate in the Homeless Emergency Aid Program. 3. A "public facility" (referred to hereinafter as ?City Designated Facility") is de?ned per Government Code Section 8698 and includes, without limitation, vacant or underutilized facilities and prOperties which are currently owned, Operated, leased, or maintained by the City, or any of its subordinate agencies through money derived by taxation or assessment. 4. For the term of this Resolution, any state or local regulatory statute, regulation, 0 ordinance prescribing standards of housing, health, or safety shall be suspended for a City Designated Facility to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation oi the effects of the shelter crisis. The City may enact local health and safety standards to be operative during the shelter crisis to ensure minimal health and safety risks. 5. The use ofany City Designated Facility for emergency sheltering must be approved by the City Council. 6. When requested by the City, organizations that provide homeless shelter services within the boundaries of the City may submit proposals to the City Manager for consideration for the use 0! City Designated Facilities in the City. The City Manager may discuss viable proposals and bring viable proposals to the City Council for consideration. Upon City Council approval and direction to the City Manager, the City may enter into an agreement with the organization to operate a shelter, pursuant to Government Code Section 8698 er seq. in a City Designated Facility, no longer than the duration of the crisis. 7. Per Government Code section 8698 et seq, the City shall be immune from liability fort ordinary negligence in the provision of emergency housing pursuant to Govemment Code Section 8698.2, limited to conditions, acts, or omissions directly related to, and which would not occur but for. the provision of emergency housing. 8. This resolution, and shelter crisis declaration, shall expire on June 30, 2021. Page 2 oil! THE FOREGOING RESOLUTION WAS ADOPTED by the Council of the City of Chico at its meeting held on October 2, 2018, by the following vote: AYES: Coolidge, Ory, Scwab, Stone NOES: Fillmer, Sorensen, Morgan ABSENT: None ABSTAIN: None DISQUALIFIED: None ATTEST: Deborah R. City Clerk APPROVED AS TO FORM: Vinceiu c. Exyingrt?lf Attorney" *Approved pursuant to The Charter of the City of Chico ?906 (E) Page 3 on Exhibit From: Wile Tu: Wail Cc: W: W: Alumina: Wine; meanings Subject: RE: CHAT City plan Date: Tuesday. April 2, 2019 10:20:00 AM Charles, The shelter crisis supports Brendan's assessment on the allowable use on the property. For the shelter crisis to apply explicitly, we would have to go back down the original path which raised concerns for CHAT related to prevailing wage and it would also require far more legal involvement from the City which could lead to more delay. i think the current approach we have is a win-win to get SV going. I'm not sure of the circumstances of Yuba County and Andrew can speak to that if necessary, but our City does have a declared shelter crisis. My concern IS if CHAT continues to change on the approaches towards getting to the finish line, it will only continue to delay this project. My recommendation is to continue down the current path to at least get the project going. Our staff worked on a variety of alternate options after the prevailing wage issue came up, and it was difficult to ?nd a path that complied with code. 0517': Conrtam'z'n Airirtaizt Ciyl Manager Of?ce of the City Manager City of Chico 411 Main Street PO Box 3420 Chico, CA 95927 (530) 896 7202 of?ce (530) 895 4825 Fax Flame consider ?it: waiter/111ml 04bit: pint/Dig l/Jir all/ail NOTICE TO RECIPIENT: This communication and any documents, ?les or previous email messages attached to it, constitute an electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510 which is meant only for the intended recipient of the transmission, and may be a communication privileged by law This communication may contain non public, con?dential, or legally privileged information intended for the sole use of the designated recipientis). The unlawful interception, use or disclosure of such information is strictly prohibited. If you are not the intended recipient, or have received this communication in error, please notify the sender immediately by reply email or by telephone and delete all copies of this communication, including attachments, without reading, forwarding or savmg them electronically. From: Charles St Sally Withuhn Sent: Tuesday, April 2, 2019 9:40 AM Exhibit ""533? City Council Agenda Report Meeting Date: May 7. 2019 TO: Honorable Mayor and City Council Mark Orme. City Manager FROM: Tony Lindsey. Fire Marshal/interim Building Official 530-579-6541 RE: Ordinance Amending Section 16R.02.010 and 16R 12.010 of the City of Chico Municipal Code Relating to Emergency Housing REPORT IN BRIEF: The City Council declared a homeless shelter crisis and requested staff investigate the feasibility of alternative housing models such as the Simplicity Village project to provrde transitional housing to many of our homeless community members. In April 2018, the California Building Code (CBC) and California Residential Code (CRC) were amended to add voluntary appendices containing building standards applicable to emergency housing. For the appendices to be applicable in Chico, they must be adopted by the City through an ordinance. Staff is requesting the City Council adopt an ordinance to amend Section 16R.02.010 and 16R.12.01D of the City of Chico Municipal Code to add CBC Appendix and CRC Appendix relating to emergency housing. Appendices and would only be effective during a declared ?State of Emergency, Local Emergency or Shelter Crisis" and for the duration of the declared housing crisis. the City can issue building permits for emergency housing structures (sleeping cabins. transportable housing units. tents. and support facilities) that otherwise would not meet the minimum state and local laws. regulations, and ordinances. Recommendation: The Interim Building Of?cial recommends Council introduce the following amending Title 16R of the City of Chico Code relating to Building Regulations Emergency Housing. by reading of title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA. AMENDING TITLE 16R.02 010 16R.12.010 OF THE CHICO MUNICIPAL CODE RELATING TO INCLUDE ADOPTION OF CALIFORNIA BUILDING CODE APPENDIX AND CALIFORNIA RESIDENTIAL CODE APPENDIX REGARDING EMERGENCY HOUSING FISCAL IMPACT: Not applicable DISCUSSION: By amending Section 16R.02.010 and 16R.12.010 of the City of Chico Municipal Code to add CBC Appendix and CR0 Appendix relating to emergency housing. housing units constructed to address basic shelter needs could be constructed to statewide standard during a declared "State of Emergency. Local Emergency or Shelter Crisis? and for the duration of the declared housing crisis. Building permits would be issued and inspections made for emergency housing structures (sleeping cabins. transportable housing units. tents. and support facilities) under the new slatewrde requirements. Adoption of Appendix and the 2016 CRC Appendix will promote safety by adopting the statewide requirements for temporary structures to help address the declared emergency shelter crisis These Appendices provide a number of lesser restrictive requirements such as reduced ceiling heights. reduced net openings for windows. loft size reduction. establishment of minimum ?oor area, and only electrical hookup for sleeping cabins. Appendix and Appendix also allow for existing compliant structures to be used for emergency housing facilities The Department of Housing and Community Development developed these regulations to facrlitate 1.. the provision of emergency housing facilities and maintain unified standards for the increased preservation of public health and safety in the construction and use of such structures In response to a severe shortage of shelter beds and homeless housrng protects. on October 2. 2018. Council voted to declare a homeless shelter crisis Council has also instructed staff to work with proponents of the Simplicity Village project towards promoting their potential solution for emergency housing facility construction Adoption of these Appendices Will assist in the construction of such housing unit construction and development. ENVIRONMENTAL CONSIDERATIONS: The proposed ordinance is exempt from the provisions of the California Enwronmental Quality Act (CEQA) under Public Resources Code section 21080 for speci?c actions necessary to prevent or mitigate an emergency. The proposed ordinance is also exempt under Public Resources Code section 21065 and CEQA Guidelines sections 15060 and 15378(a) because it does not have the potential for resulting in a direct physical change in the envrronment or a reasonably foreseeable indirect physical change in the environment since there would be no tangible physical change to the environment that is perceptible to the senses. Finally. the proposed ordinance is exempt under CEQA GUIdelines Section 15061(b)(3). because it can be seen with certainty that there is no possibility that the in question may have a signi?cant effect on the enwronment. PUBLIC CONTACT: City and Village staff have met and corresponded on several occasmns to address the issues regarding creating of the proposed form of housrng Prepare _by Approved and Recommended by Mark dime-City Manager DISTRIBUTION: City Clerk (3) List other internal distribution ATTACHMENTS: . Proposed Ordinance 0 Appendix . Appendix MNMt??t?e?A??v?i?r?tv?lr?r?I ORDINANCE noggif? a, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING TITLE 16R.02.010 16R.12.010 OF THE CHICO MUNICIPAL CODE RELATING TO INCLUDE ADOPTION OF CALIFORNIA BUILDING CODE APPENDIX AND CALIFORNIA RESIDENTIAL CODE APPENDIX REGARDING EMERGENCY HOUSING WHEREAS, on December 20, 2016, the City of Chico adepted the 2016 California Building Standards Code and 2016 California Residential Standards Code by codifying such adoption in Chico Municipal Code Section 16R.02.010 and 16R.12.010 respectively through Ordinance 2491 WHEREAS, in April 2018, the State of California amended the 2016 California Building Code and California Residential Code to add voluntary appendices, Appendix and respectively, to address building standards applicable to emergency housing; WHEREAS, in for such appendices to be applicable in Chico, they must be adopted by the City by ordinance; WHEREAS, enactment of this Ordinance to adopt and incorporate Appendix and of the California Building Code and California Residential Code will continue to keep the City of Chico?s building and ?re standards, and related regulations, current and consistent with those of the State of California and concurrently provide minimum standards to safeguard health and property welfare within the City of Chico. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHICO: \omummbum? Section 1. Chapter 16.R.02.010.A.1 "Building Standards" of Title 16R of the Chico Municipal Code is hereby amended to read as follows: ?161102.010 Adoption of standards. Basic Building Standards. The following regulations, hereby adopted by reference and incorporated herein, shall constitute the basic building standards of the city and shall apply to and govern the construction, alteration, moving, demolition, repair, use, and occupancy of any building or structtu'e in the city in accordance with the provisions of Section 16.06.020 of this code. All regulations adopted in the 2016 California Building Code, as promulgated in Part 2, Volumes 1 and 2, Appendix (Grading) and Appendix (Emergency Housing} of Title 24 of the California Code of Regulations including all regulations adopted in the CBC am ending or repealing a volume, chapter, section or appendix of the International Building Code which regulations shall take precedence over the amended or repealed volume, chapter, section or appendix of the Section 2. Chapter 16R. l2.B ?Residential Standards? of Title 16R of the Chico Municipal Code is hereby amended to read as follows: Adoption of standards. All regulations adopted in the 2016 California Residential Code, as promulgated in Part 2.5 of Title 24 of the California Code of Regulations including Appendix H, and Appendix {Emergency Housing), and all regulations adopted in the CBC amending or repealing a volume, chapter, section or appendix of the 2015 International Residential Code which regulations shall take precedence over the amended or repealed volume, chapter, section or appendix of the Section 3. The City Council ?nds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act (CEQA) Cal. Pub. Resources Code see. 2! 000 et seq.) in that the activities described in the Ordinance are the continuing administrative activity of the City involving general policy and procedure making and organizational activities of governments that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, Cal Code Regs, Title 14 sec. 15378). Therefore, no environmental assessment is required or necessary. Section 4. The City Clerk shall attest to the passage and adoption of this Ordinance, and shall cause some to be posed as required by law, and this Ordinance shall take effect thirty (30) calendar days a?er its adoption. Section 5. Il" any part, provision, or portion of this Ordinance, or its application to any individual, entity, or circumstance, for any reason, is held to be invalid or unconstitutional by the decision of any court of competentjurisdiction, such decision shall not affect the remaining portion of this Ordinance, and shall continue in full force and effect. To this end, any part, provision, or portion of this Ordinance is severable. The City Council declares that this Ordinance, and each section, subsection, sentence, clause and phrase thereof, would have been adopted by the City Council regru'dless of the fact that any other section, subsection, sentence, clause or phrase might be declare to be invalid or unconstitutional. THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico at its meeting held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: DISQUALIFIED: ATTEST: Deborah R. Presson, City Clerk APPRO STO F0 Vincent! C. Ewing, City Attorney? ?Pursuanl to The Charler of the Clly of Chico, Section 90603) APPENDIX EMERGENCY HOUSING The provisions contained in this appendix are not mandatory unless specifically referenced in the adepting ordinance. SECTION N101 GENERAL N101.1 Scepe. This appendix shall be applicable to emergency housing and emergency housing facilities. as defined in Section N102. SECTION N102 DEFINITIONS N102.1 General. The following words and terms shell. for the purposes of this appendix. have the meanings shown herein. Refer to Chapter 2 of this code for general de?nitions. DECLARATION OF SHELTER CRISIS. The duly proclaimed existence of a Situation in which a signi?cant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. (See Government Code Section 8698.) DEPENDENT UNIT. Emergency housing not equipped with a kitchen area. toilet and sewage disposal system. Recreational vehicles that are not self-contained and Without utility service connections shall be considered dependent units. EMERGENCY HOUSING. Housing in a permanent or temporary structure(s). occupied during a declaration of state of emergency, local emergency. or shelter Emergency housing may include. but is not limited to. buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins, emergency tranSportable housing units, and tents constructed and/or assembled in accordance with this appendix EMERGENCY HOUSING FACILITIES. On?site common use facilities supporting emergency housing. Emergency housing facilities include, but are not limited to. kitchen areas. toilets. showers and bathrooms with running water. The use of emergency housmg facilities is limited exclusively to the occupants of the emergency housmg personnel involved in Operating the housing. and other emergency personnel. EMERGENCY HOUSING SITE. A site containing emergency housing and emergency housing facilities supporting the emergency housing. EMERGENCY SLEEPING CABIN. Relocatable hard?sided structure constructed in accordance with this appendix, which may be occupied only for emergency housing if allowed by the enforcing agency. EMERGENCY TRANSPORTABLE HOUSING UNIT. A single or multiple section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable housing units include. but are not limited to, manufactured homes mobilehomes. multifamily manufactured homes. recreational vehicles. and park trailers For the purposes of this appendix. emergency transportable housing units do no? include factory-built housing as defined in the Health and Safety Code Section 19971 LANDING PLATFORM. A landing provided as the top step of a stairway accessmg a loft. LOCAL EMERGENCY. Local Emergency as defined in the Government Code, Section 8558 LOFT A floor level located more than 30 inches (762 mm) above the main ?oor and open to it on at least one side with a ceiling height of less than 6 feet 8 inches (2032 mmi. used as a living or sleeping space. MANUFACTURED HOME. A structure designed to be used as a single~family dwelling, as defined in the Health and Safety Code. Section 18007. MOBILEHOME. A structure designed to be used as a single-family dwelling. as de?ned in the Health and Safety Code, Section 18008. MULTIFAMILY MANUFACTURED HOME. A structure designed to contain not less than two dwelling units. as de?ned in the Health and Safety Code. Section 18008.7. PARK TRAILER. A trailer designed for human habitation that meets all requirements in the Health and Safety Code. Section 18009.3. RECREATIONAL VEHICLE. A motor home. travel trailer. truck camper. or camping trailer. with or without motive power. designed for human habitation. that meets all requirements in the Health and Safety Code. Section 18010. STATE OF EMERGENCY. State of Emergency as defined in the Government Code. Section 8558. SECTION N103 EMERGENCY HOUSING N103.1 General. Emergency sleeping cabins. emergency transportable housing units. membrane structures and tents constructed and/or assembled in accordance with this appendix, shall be occupied only during declaration of state of emergency. local emergency. or shelter crisis. Buildings and structures constructed in accordance with the California Building Standards Code. used as emergency housing. shall be permitted to be permanently occupied. N103.2 Existing buildings. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings. as determined by the enforcing agency. N103.2.1 New additions. alterations. and change of occupancy. New additions. alterations. and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition. alteration. or change of occupancy. The requirements shall apply only to and/or within the speci?c area of the addition. alteration. or change of occupancy. Exception: Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code. as determined by the enforcing agency. N103.3 Occupant load. Except as otherwise stated in this appendix. the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency. but the interior ?oor area shall not be less than 70 square feet (6.5 mg) for one occupant. Where more than one person occupies the building/structure. the required floor area shall be increased at the rate of 50 square feet (4.65 n12) for each occupant in excess of one. Excep?ons: 1. Tents. 2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code. Sections 18009.3 and 18010. as applicable. N103.4 Fire and life safety requirements not addressed in this'appendix. If not otherwise addressed in this appendix. fire and life safety measures. including. but not limited to. means of egress. fire separation. ?re sprinklers. smoke alarms. and carbon monoxide alarms. shall be determined and enforced by the Authority Having Jurisdiction. N103.5 Privacy. Emergency housing shall be provided with a privacy lock on each entrance door and all windows for use by the occupants N103.6 Heating. All sleeping areas shall be provided with adequate heating as determined by the Authority Having Jurisdiction SECTION N104 EMERGENCY SLEEPING CABINS N104.1 General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts. N104.2 Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind, rain. and to support the following live loads: 1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area 2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area. 3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area. 4. in areas where snow loads are greater than 20 pounds per square foot (958 Pa). the roof shall be designed and constructed to resist these additional loads. N104.3 Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heights including beams. girders, ducts, lighting and other obstructions. Exception: Ceiling heights in lofts constructed in accordance with Section N108 are permitted to be less than 80 inches (2032 mm). N104.4 Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section N104.4.1. When a loft is provided, one form of egress shall be an egress window complying with Section N104.4.1, provided in the loft space N104.4.1 Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.485 m2). ?104.5 Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service, it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code. N104.6 Electrical. Emergency sleeping cabins shall be provided with all of the followmg installed in compliance with the California Electrical Code: 1. Continuous source of electricity. Exception: The source of electricity may be an emergency generator or renewable source of power such as solar or wind power. 2. At least one interior lighting ?xture. 3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment 4. At least one GFCl-protected receptacle outlet for use by the N104.7 Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement. as determined by the Authority Having Jurisdiction N104.8 Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code. Section R314. N104.9 Carbon Monoxide Alarms. If an emergency sleeping cabin contains a fuel burning appliance(s) or a fireplace(s), a carbon monoxide alarm shall be installed in accordance with the California Residential Code, Section R315. SECTION N105 EMERGENCY TRANSPORTABLE HOUSING UNITS N105.1 General. In addition to the requirements in this appendix. manufactured homes, mobilehomes. multifamily manufactured homes, commercial modulars, recreational vehicles. and park trailers used as emergency transportable housing shall comply with all applicable requirements in the Health and Safety Code. Division 13. Part 2; and Title 25. Division 1, Chapter 3, Subchapter 2. SECTION N106 TENTS N106.1 General. Tents shall not be used to house occupants for more than 7 days unless such tents are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents may be maintained with concrete slabs with the finished surface at least 4 inches (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high. A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy. SECTION N107 ACCESSIBILITY N107.1 General. Emergency housing shall comply with the applicable requirements in Chapter 118 and/or the US Access Board Final Guidelines for Emergency Transportable Housing. Note: The Architectural and Transportation Barriers Compliance Board (US Access Board) issued the Final Guidelines for Emergency Transportable Housing on May 7. 2014. The ?nal guidelines amended the 2004 ADA Accessibility Guidelines (2004 ADAAG) and the 2004 Architectural Barriers Act (ABA) Accessibility Guidelines (2004 ABAAG) to specifically address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. The ?nal rule ensures that the emergency transportable housing units are readily accessible to and usable by disaster survivors with disabilities. SECTION N108 LOFTS IN EMERGENCY HOUSING N108.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections N108.1.1 through N108.1.3. N108.1.1 Minimum area. Lofts shall have a ?oor area of not less than 35 square feet (3.25 m2). N108.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension. N108.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the finished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. Exception: Under gable roofs with a minimum slope of 6:12. portions of a loft with a sleping ceiling measuring less than 16 inches (406 mm) from the finished floor to the ?nished ceiling shall not be considered as contributing to the minimum required area for the loft. N108.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections N108.2.1 through N108.2.4. N108.2.1 Stairways. Stainrvays accessing lofts shall comply with the California Residential Code or with Sections N108.2.1.1 through N108.2.1.6. N108.2.1.1 Width. Stain/vays accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm). N108.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 74 inches (1880 mm). as measured vertically, from a sloped line connecting the tread or landing platform nosing?s in the middle of their width. N108.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: 1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or 2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth. N108.2.1.4 Landing platforms. The top step of stairways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 74 inches (1880 mm). The landing platform shall be 18 inches (457 mm) to 22 inches (559 mm) in depth measured from the nosing of the landing platform to the edge of the loft. and 16 inches (406 mm) to 18 inches (457 mm) in height measured from the landing platform to the loft ?oor N108.2.1.5 Handrails. Handrails shall comply with the California Residential Code, Section R311.7.8. N108.2.1.6 Stairway guards. Guards at open sides of stairways shall comply with the California Residential Code. Section R3121. N108.2.2 Ladders. Ladders accessing lofts shall comply with Sections N108.2.2.1 and N108.2.2.2. N108.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm). and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200 pound (90.7 kg) load on any rung. Rung spacing shall be uniform within BIB-inch (9.5 mm). N108.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal. N108.2.3 Alternating tread devices. Alternating tread devices are acceptable as allowed by the Authority Having Jurisdiction. N108.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102 mm) in diameter. SECTION N109 LOCATION, MAINTENANCE AND IDENTIFICATION N109.1 Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition, and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housing sites shall be kept clean and free from accumulation of debris, ?lth, garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists, as determined by the Authority Having Jurisdiction. N109.1.1 Fire hazards. Dangerous materials or materials that create a fire hazard, as determined by the Authority Having Jurisdiction, shall not be allowed on the grounds within emergency housing sites. N109.2 identification. Emergency housing shall be designated by address numbers, letters, or other suitable means of identification. The identi?cation shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width. installed/painted on a contrasting background. SECTION N110 EMERGENCY HOUSING FACILITIES N110.1 Drinking water. Potable drinking water shall be provided for all occupants of emergency housing. N110.2 Kitchens. Where occupants of dependent units are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food. N110.3 Toilet and bathing facilities. When dependent units are used as emergency housing, the emergency housing site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The enforcing agency may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are suf?cient to process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants of the emergency housing. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees (21.0 degrees Celsius) within such facilities. Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities. N110.4 Garbage, waste and rubbish disposal. All garbage, kitchen waste and rubbish shall be deposited in approved covered receptacles, which shall be emptied when filled and the contents shall be disposed of in a sanitary manner acceptable to the enforcing agency. APPENDIX EMERGENCY HOUSING The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance SECTION AX101 GENERAL AX101.1 Scope. This appendix shall be applicable to emergency housing and emergency housing facilities, as defined in Section AX102. SECTION AX102 DEFINITIONS AX102.1 General. The following words and terms shall. for the purposes of this appendix. have the meanings shown herein. Refer to Chapter 2 of this code for general definitions. DECLARATION OF SHELTER CRISIS. The duly proclaimed existence of a situation in which a significant number of persons are without the ability to obtain shelter. resulting in a threat to their health and safety. (See Government Code Section 8698.) DEPENDENT UNIT. Emergency housing not equipped with a kitchen area. toilet. and sewage disposal system. Recreational vehicles that are not selfucontained and without utility service connections shall be considered dependent units. EMERGENCY HOUSING. Housing in a permanent or temporary structure(s). occupied during a declaration of state of emergency, local emergency. or shelter crisis. Emergency housing may include. but is not limited to. buildings and structures constructed in accordance with the California Building Standards Code; and emergency sleeping cabins. emergency transportable housing units. and tents constructed and/or assembled in accordance with this appendix. EMERGENCY HOUSING FACILITIES. On-site common use facilities supporting emergency housing. Emergency housing facilities include. but are not limited to. kitchen areas. toilets. showers and bathrooms with running water. The use of emergency housing facilities is limited exclusively to the occupants of the emergency housing. personnel involved in operating the housing. and other emergency personnel. EMERGENCY HOUSING SITE. A site containing emergency housing and emergency housing facilities supporting the emergency housing. EMERGENCY SLEEPING CABIN. Relocatable hard-sided structure constructed in accordance with this appendix, which may be occupied only for emergency housing if allowed by the enforcing agency. EMERGENCY TRANSPORTABLE HOUSING UNIT. A single or multiple section prefabricated structure that is transportable by a vehicle and that can be installed on a permanent or temporary site in response to a need for emergency housing. Emergency transportable housing units include, but are not limited to. manufactured homes. mobilehomes. multifamily manufactured homes, recreational vehicles. and park trailers For the purposes of this appendix. emergency transportable housing units do not include factory-built housing as defined in the Health and Safety Code Section 19971 LANDING PLATFORM. A landing provided as the top step of a stairway accessing a loft LOCAL EMERGENCY. Local Emergency as de?ned in the Government Code. Section 8558 LOFT. A floor level located more than 30 inches (762 mm) above the main ?oor and open to it on at least one side with a ceiling height of less than 6 feet 8 inches (2032 mm). used as a living or sleeping space. MANUFACTURED HOME. A structure designed to be used as a single-family dwelling. as de?ned in the Health and Safety Code. Section 18007. MOBILEHOME. A structure designed to be used as a single-family dwelling. as de?ned in the Health and Safety Code. Section 18008 MANUFACTURED HOME. A structure designed to contain not less than two dwelling units. as defined in the Health and Safety Code. Section 18008.7. PARK TRAILER. A trailer designed for human habitation that meets all requirements in the Health and Safety Code. Section 18009.3. RECREATIONAL VEHICLE. A motor home. travel trailer. truck camper, or camping trailer. with or without motive power. designed for human habitation. that meets all requirements in the Health and Safety Code. Section 18010. STATE OF EMERGENCY. State of Emergency as defined in the Government Code. Section 8558 SECTION AX103 EMERGENCY HOUSING AX103.1 General. Emergency sleeping cabins. emergency transportable housing units, membrane structures and tents constructed and/or assembled in accordance with this appendix. shall be occupied only during declaration of state of emergency. local emergency. or shelter crisis. Buildings and structures constructed in accordance with the California Building Standards Code. used as emergency housing. shall be permitted to be permanently occupied. AX103.2 Existing buildings. Existing residential and nonresidential buildings or structures shall be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings. as determined by the enforcing agency. AX103.2.1 New additions. alterations. and change of occupancy. New additions, alterations, and change of occupancy to existing buildings shall comply with the requirements of the California Building Standards Code effective at the time of addition. alteration. or change of occupancy. The requirements shall apply only to and/or within the speci?c area of the addition. alteration. or change of occupancy. Exception: Existing buildings and structures used for emergency housing and emergency housing facilities may not be required to comply with the California Energy Code, as determined by the enforcing agency. AX103.3 Occupant load. Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interior floor area shall not be less than 70 square feet (6.5 m2) for one occupant. Where more than one person occupies the building/structure, the required floor area shall be increased at the rate of 50 square feet (465 m2) for each occupant in excess of one. Excep?ons: 1. Tents 2. Recreational vehicles and park trailers designed for human habitation that meet the requirements in the Health and Safety Code. Sections 18009.3 and 18010 as applicable. AX103.4 Fire and life safety requirements not addressed in this appendix. If not otherwise addressed in this appendix, fire and life safety measures, including. but no? limited to, means of egress. ?re separation, fire sprinklers. smoke alarms, and carbon monoxide alarms, shall be determined and enforced by the Authority Havung Jurisdiction AX103.5 Privacy. Emergency housing shall be provided with a privacy lock on each entrance door and all windows for use by the occupants. AX103.6 Heating. All sleeping areas shall be provided with adequate heating as determined by the Authority Having Jurisdiction. SECTION AX1D4 EMERGENCY SLEEPING CABINS AX104.1 General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 for one occupant. Where more than one person occupies the cabin. the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2). excluding lofts AX104.2 Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind. rain, and to support the following live loads: 1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area. 2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area. 3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area 4. In areas where snow loads are greater than 20 pounds per square foot (958 Pa) the roof shall be designed and constructed to resist these additional loads M1043 Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms. toilet rooms. and kitchens. if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obstructions shall not extend below these minimum ceiling heiohts includlnq beams. oirders. ducts. liohtinq and other obstructions. Exception: Ceiling heights in lofts constructed in accordance with Section N108 are permitted to be less than 80 inches (2032 mm). AX104.4 Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section N104.4.1. When a loft is provided, one form of egress shall be an egress window complying with Section N104.4.1. provided in the loft space. AX104.4.1 Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm). and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.465 m2). AX104.5 Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service. it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code. AX104.6 Electrical. Emergency sleeping cabins shall be provided with all of the following installed in compliance with the California Electrical Code: 1. Continuous source of electricity. Exception: The source of electricity may be an emergency generator or renewable source of power such as solar or wind power. 2. At least one interior lighting ?xture. 3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment. 4. At least one GFCl-protected receptacle outlet for use by the occupant(s). AX1D4.7 Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the Authority Having Jurisdiction. AX104.8 Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314. AX104.9 Carbon Monoxide Alarms. If an emergency sleeping cabin contains a fuel- burning appliance(s) or a ?replace(s). a carbon monoxide alarm shall be installed in accordance with the California Residential Code. Section R315. SECTION M1 05 EMERGENCY TRANSPORTABLE HOUSING UNITS AX105.1 General. In addition to the requirements in this appendix, manufactured homes, mobilehomes, multifamily manufactured homes. commercial modulars recreational vehicles, and park trailers used as emergency transportable housing shall comply with all applicable requirements in the Health and Safety Code. Division 13, Part 2; and Title 25, Division 1, Chapter 3, Subchapter 2. SECTION AX106 TENTS AX106.1 General. Tents shall not be used to house occupants for more than 7 days unless such tents are maintained with tight wooden floors raised at least 4 inches (101.6 mm) above the ground level and are equipped with baseboards on all sides to a height of at least 6 inches (152.4 mm). Tents may be maintained with concrete slabs with the finished surface at least 4 inches (101.6 mm) above grade and equipped with curbs on all sides at least 6 inches (152.4 mm) high. A tent shall not be considered a suitable sleeping place when it is found necessary to provide heating facilities in order to maintain a minimum temperature of 50 degrees Fahrenheit (10 degrees Celsius) within such tent during the period of occupancy. SECTION AX107 ACCESSIBILITY AX107.1 General. Emergency housing shall comply with the applicable requirements in Chapter 118 and/or the US Access Board Final Guidelines for Emergency Transportable Housing. Note: The Architectural and Transportation Barriers Compliance Board (US Access Board) issued the Final Guidelines for Emergency Transportable Housing on May 7. 2014. The final guidelines amended the 2004 ADA Accessibility Guidelines (2004 ADAAG) and the 2004 Architectural Barriers Act (ABA) Accessibility Guidelines (2004 ABAAG) to speci?cally address emergency transportable housing units provided to disaster survivors by entities subject to the ADA or ABA. The final rule ensures that the emergency transportable housing units are readily accessible to and usable by disaster survivors with disabilities. SECTION AX1OB LOFTS IN EMERGENCY HOUSING AX108.1 Minimum loft area and dimensions. Lofts used as a sleeping or living space shall meet the minimum area and dimension requirements of Sections AX108.1.1 through AX108.1.3. AX108.1.1 Minimum area. Lofts shall have a floor area of not less than 35 square feet (3.25 m2). AX108.1.2 Minimum dimensions. Lofts shall be not less than 5 feet (1524 mm) in any horizontal dimension. AX108.1.3 Height effect on loft area. Portions of a loft with a sloping ceiling measuring less than 3 feet (914 mm) from the ?nished floor to the ?nished ceiling shall not be considered as contributing to the minimum required area for the loft. Exception: Under gable roofs with a minimum slope of 6:12, portions of a loft with a sloping ceiling measuring less than 16 inches (406 mm) from the ?nished floor to the finished ceiling shall not be considered as contributing to the minimum required area for the loft. AX108.2 Loft access. The access to and primary egress from lofts shall be any type described in Sections N106.2.1 through N108.2.4. AX108.2.1 Stairways. Stairways accessing lofts shall comply with the California Residential Code or with Sections AX108.2.1.1 through AX108.2.1.8. AX108.2.1.1 Width. Stairways accessing a loft shall not be less than 17 inches (432 mm) in clear width at or above the handrail. The minimum width below the handrail shall be not less than 20 inches (508 mm). AX108.2.1.2 Headroom. The headroom in stairways accessing a loft shall be not less than 74 inches (1880 mm), as measured vertically. from a sloped line connecting the tread or landing platform nosings in the middle of their width. AX108.2.1.3 Treads and risers. Risers for stairs accessing a loft shall be not less than 7 inches (178 mm) and not more than 12 inches (305 mm) in height. Tread depth and riser height shall be calculated in accordance with one of the following formulas: 1. The tread depth shall be 20 inches (508 mm) minus 4/3 of the riser height, or 2. The riser height shall be 15 inches (381 mm) minus 3/4 of the tread depth. AX108.2.1.4 Landing platforms. The top step of stalrways accessing lofts shall be constructed as a landing platform where the loft ceiling height is less than 74 inches (1880 mm). The landing platform shall be 18 inches (457 mm) to 22 inches (559 mm) in depth measured from the nosing of the landing platform to the edge of the loft, and 18 inches (408 mm) to 18 inches (457 mm) in height measured from the landing platform to the loft ?oor AX108.2.1.5 Handrails. Handrails shall comply with the California Residential Code. Section R311.7.8. AX108.2.1.6 Stairway guards. Guards at open sides of stairvvays shall comply with the California Residential Code, Section R3121. AX108.2.2 Ladders. Ladders accessing lofts shall comply with Sections AX108.2.2.1 and AX108.2.2.2. AX108.2.2.1 Size and capacity. Ladders accessing lofts shall have a rung width of not less than 12 inches (305 mm), and 10 inches (254 mm) to 14 inches (356 mm) spacing between rungs. Ladders shall be capable of supporting a 200 pound (90.7 kg) load on any rung. Rung spacing shall be uniform within 3/8oinch (9.5 mm). AX108.2.2.2 Incline. Ladders shall be installed at 70 to 80 degrees from horizontal. AX108.2.3 Alternating tread devices. Alternating tread devices are acceptable as allowed by the Authority Having Jurisdiction. AX108.2.4 Loft guards. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches (914 mm) in height or one-half of the clear height to the ceiling, whichever is less. Loft guards shall not have openings from the walking surface to the required guard height that allow passage of a sphere 4 inches (102 mm) in diameter. SECTION AX109 LOCATION. MAINTENANCE AND IDENTIFICATION AX109.1 Maintenance. Emergency housing and emergency housing facilities shall be maintained in a safe and sanitary condition. and free from vermin, vectors and other matter of an infectious or contagious nature. The grounds within emergency housmg sites shall be kept clean and free from accumulation of debris. filth. garbage and deleterious matter. Emergency housing and emergency housing facilities shall not be occupied if a substandard condition exists, as determined by the Authority Having Jurisdiction. AX109.1.1 Fire hazards. Dangerous materials or materials that create a fire hazard. as determined by the Authority Having Jurisdiction. shall not be allowed on the grounds Within emergency housing sites. AX109.2 Identi?cation. Emergency housing shall be designated by address numbers, letters. or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the bLiilding or structure Each identification character shall be not less than 4 inches (102 mm) in height and not less than 0.5 inch (12.7 mm) in width, installed/painted on a contrasting background SECTION N110 EMERGENCY HOUSING FACILITIES AX110.1 Drinking water. Potable drinking water shall be provided for all occupants of emergency housing. AX110.2 Kitchens. Where occupants of dependent units are permitted or required to cook for themselves. a separate area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food. Ax110.3 Toilet and bathing facilities. When dependent units are used as emergency housing. the emergency housing site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The enforcing agency may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding that the type and ratio of toilet and bathing facilities are sufficient to process the anticipated volume of sewage and waste water. while maintaining sanitary conditions forthe occupants of the emergency housing. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees (21.0 degrees Celsius) within such facilities Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities M1104 Garbage. waste and rubbish disposal. All garbage. kitchen waste and rubbish shall be deposited in approved covered receptacles, which shall be emptied when ?lled and the contents shall be disposed of in a sanitary manner acceptable to the enforcing agency. Exhibit OPDI No. 19-01 CITY OF CHICO OFFICEAL PLANNING DIRECTOR INTERPRETATION CITYOF CHICO ran Applicant: Chico Housing Action Team (CHAT) Location: Simplicity Village (2.6 acre parcel located on Notre Dame Blvd, south of Morrow Lane; 040-030-028) Authority: Chico Municipal Code Sections 19.02.020 (Rules of interpretation). 19.02.020.E. (Allowable Uses of Land). and 1902030 (Procedures for interpretations) Applicable Code Section(s): Sections 19.22.020 (Temporary uses. allowed by right), 19.22.020.C (Emergency Facilities) Discussion: Applicant proposes to use the parcel on Notre Dame Blvd. for a project known as ?Simplicity Village" a tiny home complex with 33 housing units and 2 supporting portable units providing of?ces, bathrooms, showers. washers and dryers, and a community kitchen (Attachment A - Site Plan). The project will provide housing to approximately 46 homeless. or at risk of being homeless, senior singles and couples. The site is located in the ML (Light Manufacturing/Industrial) zoning district. Emergency Facilities are permitted by right within the ML district (CMC Section 19.22.020 8. 1946.020). As a threshold question for analysis of this matter, the Director must determine whether the use presented is similar to an Emergency Facility as de?ned under the CMC. Based upon information provided by the applicant intending to operate the facility. and as discussed below, the Director has determined that the use is within what would be considered an ?Emergency Facility" and therefore constitutes an allowed temporary use pursuant to Section 19.22.020.C under the category ?Emergency Facilities. Emergency public health and safety needs/land use activities.? Facts supporting this determination include: 1. The site on Notre Dame Blvd, south of Morrow Lane 040-030-028) is located in the ML (Light Manufacturing/Industrial) zoning district; 2. Emergency Facilities are permitted by right within the ML district (CMC Section 19.22.020); 3. Applicant has provided the attached Simplicity Village Business Plan (Attachment B), Management Plan (Attachment C), and Village Manual (Attachment D) which provide information highlighting the manner in which the facility will operate, and includes specifics that address a number of compatibility and safety considerations, including a security plan, safety plan, fencing of the site, participant vetting process, residency rules and governance. alcohol/drug policy, and site supervision; and 4. Temporary uses are short-term activities that might not meet the normal development or use standards of the applicable zoning district, but are acceptable because of their temporary nature; 5. Applicant intends to utilize this facility through the duration of the Housing Shelter Crisis set to sunset on June 30, 2021 (see Reso. 82-18, October 2, 2018); 6. The City's declaration of a Shelter Crisis included a ?nding that a signi?cant number of persons within the City are without the ability to obtain housing, resulting in a threat to their health and safety. The proposed temporary use will address this emergency need; 7. The use is temporary and will be allowed for a duration consistent with the City's Declaration of a Shelter Crisis which ends on June 30, 2021; 8. Development of the project site will be consistent with the State of California's Building Code Appendix (Emergency Housing), developed by the State to be applicable to emergency housing and emergency housing facilities under the Shelter Crisis Declaration; and, adopted by the City of Chico to address construction of Emergency Housing. All building at the project site will be by permit, reviewed and approved by the City's Building Of?cial and Fire Marshall; and 9. Applicant shall comply with all other State and local Code provisions, including, but not limited to, those of the Building Division, Public Works Department, and Fire Department. Applicant is responsible for contacting these of?ces to verify the need for permits. I hereby make the following ?ndings in support of this interpretation as to similar uses allowed, as required pursuant to CMC 19.02.020.E. ?Allowable Uses of Land": at. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or density and/or intensity than the uses listed in the district. Finding: The current zoning of the property on Notre Dame Blvd. (south of Morrow Lane) is ML (Light Manufacturing/Industrial). The ML zoning district primarily consists of areas where light assembly and manufacturing, wholesaling, warehousing and distribution, agricultural and industrial processing within structures, and support commercial services are allowed. Additionally, Emergency Facilities are permitted by right within the ML district (CMC Section 19.22.020). Emergency Facilities are de?ned as, ?Emergency public health and safety needs/land use activities." "Temporary emergency shelters" are permitted by right in the ML zoning district for up to 27 days in any 90 day period, and permanent "Emergency shelters" are allowed with approval of a use permit. Emergency shelters are de?ned in CMC Section 19.04 as facility which provides emergency shelter to homeless individuals and/or groups or others in need of shelter. Such accommodations include lodging and may in addition include meals, facilities, bathing, counseling, and other basic support services." The proposed temporary proposed tiny home temporary emergency facilities includes activities that are generally compatible to other uses allowed in the ML zoning district. Such use is not incompatible with the other uses of the ML zoning district of manufacturing, agricultural, and industrial processing, general services and distribution uses, including uses with outdoor equipment and outdoor storage. The proposed use is further acceptable due to its temporary nature, the operational characteristics proposed by the applicant. and given the urgency of the need to provide emergency public health and safety needs to the community?s significant number of homeless, which is documented by the State?s and City?s Shelter Crisis Declaration, and has more recently been exacerbated by a signi?cant in?ux of Camp Fire survivors. . The proposed use will meet the purpose?ntent of the zoning district that is applied to the site. Finding: Permanent emergency shelters are allowed in the ML zoning district with approval of a use permit. The proposed use however is not permanent in nature and is associated with the limited duration of the shelter crisis declaration. The proposed tiny home facilities represents a use that has operating characteristics generally consistent with an allowed use in the Municipal Code, albeit with a use permit. The operational characteristics of the proposed use are similar to conditions typically found in a use permit. Given the temporary nature of the proposed use, it is consistent with the purpose and intent of the ML zoning district. The proposed use of emergency housing for a duration through the shelter crisis is equivalent to an emergency facility allowed by right within the ML zoning district. . The proposed use will be consistent with the goals, policies, and actions of the Chico 2030 General Plan, as well as the City?s HUD Consolidated Plan. The following General Plan goals, policies, and actions are applicable to this determination: Goal H.3 Promote construction of a wide range of housing types. Policy H.3.3 Promote a mix of dwelling types and sizes throughout the City. Action 3.3.3 Support emerging cost ef?cient and green housing models, such as ?micro-housing" and live/work lofts. Goal H.4 Encourage the creation of housing for persons with special needs Policy H.4.6 Encourage the development of housing for homeless and extremely low-income persons. The following HUD Consolidated Plan (2015-2019) goal is applicable to this determination: Goal1 Create Low Income affordable housing opportunities for residents. with a priority on: . Small units - tiny houses. micro-units, single room occupancies. studios, one-bedrooms a Supportive services for substance abuse, mental illness. child care, seniors, veterans, persons with disabilities Accessibility Extremely Low Income Households and person at risk of homelessness a Fair Housing Interpretation and getermination: Pursuant to Section 19.02.020.A of the Municipal Code, I have determined that in light of the State's and City?s Declaration of a Shelter Crisis. compounded by the signi?cant in?ux of Camp Fire evacuees. that the proposed tiny home temporary emergency facilities use on Notre Dame Blvd, south of Morrow Lane 040-030-028) represents an allowed temporary use as an "Emergency Facilities" use provided in Section 19.22.0200 of Chapter 19.22 (Temporary Uses) of the Chico Municipal Code. This Official Interpretation is effective immediately. 47/1}th Date: June 14. 2019 Brendan Vieg. Development Deputy Director 1 PROOF OF SERVICE 2 I am employed in Shasta County, California; I am over the age of 18 years and not a party to the within action; my business address is MCNEILL LAW OFFICES, 3330 Churn Creek Rd., Suite D2, Redding, California 96002; on this date I served: 3 4 VERIFIED PETITION AND COMPLAINT 5 6 7 8 9 10 11 12 13 _X_BY U.S. MAIL: I mailed a true copy thereof in a sealed envelope, with postage thereon fully prepaid, in the United States Mail at Redding, California, addressed as set forth below. SERVICE BY MAIL PRIOR TO FILING: Pursuant to Public Resources Code §21167.5, this shall also confirm and constitute proof that the VERIFIED PETITION AND COMPLAINT, identifying “Simplicity Village” as the project which is the subject of the action, was served by mail upon the City of Chico –as the public agency approving the project— prior to the filing of the VERIFIED PETITION AND COMPLAINT. A City of Chico City Clerk – Deborah Presson 411 Main Street Chico, CA 95928 14 15 16 17 18 19 20 21 22 23 *************************************************************************************************** I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. X I hereby certify that the document(s) listed above was/were produced on paper purchased as recycled. X STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and correct. 24 25 26 Executed on Nov.1, 2019 at Redding, California Walter P. McNeill 27 28 PROOF OF SERVICE