Chapter 17.90

Temporary Housing Measures for Recovery from Declared Disasters and Emergencies

This chapter establishes interim regulations for the provision of temporary housing in response to declared disasters and emergencies to provide temporary housing for people displaced as a result of a declared Federal, State, or local disaster or emergency and for workers needed for recovery and reconstruction efforts. The provisions established in this chapter will benefit the public health, safety, and welfare by serving to stabilize the community and area's economy. [Source: 17.38.010, Ord. No. 2018-329, modified]

The temporary housing provisions of this chapter are intended to serve people whose homes were damaged or destroyed as a result of a declared disaster or emergency and workers who are involved in related recovery and reconstruction efforts. [Source: 17.38.020, Ord. No. 2018-329, modified]

In the event of a local, State, or Federal disaster declaration, the Town Council or Town Manager is authorized to invoke the temporary housing provisions established in this chapter as necessary to address the housing needs of displaced individuals and families. [Source: NEW]

The temporary housing provisions invoked by the Town Council or Town Manager shall remain in effect for the duration of the declared disaster or until such time as the Town Council or Town Manager determines that the temporary housing is no longer necessary or as established by adopted ordinance, subject to applicable laws and regulations. [Source: NEW]

The temporary housing options allowed by this chapter shall be limited to properties that are located within the Town limits and that are zoned for residential, commercial, or light industrial uses as established in Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 17.38.030, Ord. No. 2018-329, modified]

• A. Single Units on Developed Residential Properties. The following may be allowed on properties that are developed with an existing residential structure and that are zoned for

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residential uses, with approval of a Ministerial Temporary Use Permit in compliance with Chapter 17.60 (Temporary Use Permit). The additional temporary unit is exempt from the density applicable to the parcel on which the unit will be located. [Source: 17.38.040.A, modified]

1. One (1) mobile home, manufactured home, or other similar structure when located in the side or rear yard area of the property and sited in conformance with applicable side and rear yard setback requirements for accessory structures. [Source: 17.38.040.A.1]

2. One (1) recreational vehicle when located in the side or rear yard area of the property and sited in conformance with applicable side and rear yard setback requirements for accessory structures. A recreational vehicle may also be allowed in the front driveway area of the property provided that it does not encroach into the public right-of-way when parked. [Source: 17.38.040.A.2]

3. Use of an existing residential accessory structure with conditioned space, such as a pool house, guest house, recreation room or studio space, when in compliance with the following requirements: [Source: 17.38.040.A.3]

   • a. The accessory structure shall have been constructed with a Building Permit. [Source: 17.38.040.A.3.a]

   • b. The structure shall be subject to inspection by the Building Official and Sonoma County Fire District staff prior to occupancy as a temporary housing unit. [Source: 17.38.040.A.3.b]

   • c. Compliance with any exiting and/or safety requirements determined to be

necessary by the Building Official and Sonoma County Fire District staff. [Source: 17.38.040.A.3.c]

4. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: 17.38.040.A.4]

• B. Multiple Units on Developed Residential Properties. Multiple temporary housing units, including mobile homes, manufactured homes, recreational vehicles, and other similar structures may be allowed on properties that are developed with an existing residential structure and that are zoned for residential uses, with the approval of an Administrative Temporary Use Permit in compliance with Chapter 17.60 (Temporary Use Permit), subject to the following development standards: [Source: 17.38.040.B]

  1. The total number of units, including any existing residence(s), does not exceed the maximum allowable density of the General Plan land use designation for the property. [Source: 17.38.040.B.1]

  2. The units are located in the side or rear yard area of the property and are sited in conformance with applicable side and rear yard setback requirements for accessory structures. [Source: 17.38.040.B.2]

3. The total square footage of all structures on the property, permanent and temporary, does not exceed the maximum allowable parcel coverage of the applicable zone. [Source: 17.38.040.B.3]

   4. There is sufficient area on site located outside of the required front yard setback area for parking of two (2) vehicles per unit. [Source: 17.38.040.B.4]

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5. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: 17.38.040.B.5]

• C. Units on Vacant Residential Properties. Single or multiple temporary housing units, including mobile homes, manufactured homes, recreational vehicles, and other similar structures may be allowed on vacant properties zoned for residential uses, with the approval of an Administrative Temporary Use Permit in compliance with Chapter 17.60 (Temporary Use Permit), subject to the following development standards: [Source: 17.38.040.C]

  1. The total number of units does not exceed the maximum allowable density of the General Plan land use designation for the property. [Source: 17.38.040.C.1]

  2. The units are sited in conformance with applicable front, side, and rear yard setback requirements. [Source: 17.38.040.C.2]

  3. The total square footage of all structures on the property does not exceed the maximum allowable parcel coverage of the applicable zone. [Source: 17.38.040.C.3]

  4. There is sufficient area on site located outside of the required front yard setback area for parking of two (2) vehicles per unit. Parking for each unit shall be provided to the side or rear of the unit. [Source: 17.38.040.C.4]

  5. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: 17.38.040.C.5]

• A. Units on Vacant Commercial Properties. Single or multiple temporary housing units, in-

cluding mobile homes, manufactured homes, recreational vehicles, and other similar structures may be allowed on vacant properties zoned for commercial uses, with the approval of an Administrative Temporary Use Permit in compliance with Chapter 17.60 (Temporary Use Permit), subject to the following development standards: [Source: 17.38.050.A]

1. A fifteen-foot setback shall be maintained along the front, side, and rear property lines. [Source: 17.38.050.A.1]

2. Vehicle parking shall be provided in a centralized location on the property. Parking spaces shall generally comply with Chapter 17.30 (Parking, Loading, and Access) standards for stall size and aisle widths. [Source: 17.38.050.A.2]

3. A centralized refuse collection area shall be provided. [Source: 17.38.050.A.3]

4. All units shall be accessible from a twentyfoot wide emergency vehicle access way. [Source: 17.38.050.A.4]

5. A minimum of fifteen (15) feet shall be provided between units to provide dedicated outdoor space for each unit. [Source: 17.38.050.A.5]

6. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: 17.38.050.A.6]

7. Security lighting shall be provided to the satisfaction of the Chief of Police. [Source: 17.38.050.A.7]

8. Density. Parcels with temporary dwellings shall comply with the following density standards:

   • a. Parcels Which Allow Residential Uses. When a temporary dwelling(s) is lo-

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cated on a commercially zoned parcel whose zoning allows residential uses (see Article 2 (Zones, Allowable Uses, and Development Standards)), the allowable density shall comply with density and/or intensity standards established for that underlying zone; or

  - b. Parcels Which Do Not Allow Residential Uses. When a temporary dwelling(s) is located on a commercially zoned parcel whose zoning does not allow residential uses, the maximum density shall be sixteen (16) units per acre. [Source: Ord. No. 2018-329, modified] 

9. Director Authority. The Director may approve modifications to setback and site development standards if determined to be appropriate, provided that the modifications do not unduly impact the use or privacy of adjoining properties. [Source: 17.38.050.A]

• B. Units on Developed Commercial Properties. Placement of temporary housing units on developed commercially zoned properties is prohibited. [Source: 17.38.050.B]

• A. Units on Vacant Light Industrial Properties. Single or multiple temporary housing units, including mobile homes, manufactured homes, recreational vehicles and other similar structures may be allowed on vacant properties zoned for light industrial uses, with the approval of an Administrative Temporary Use Permit, subject to the following development standards: [Source: Ord. No. 2018329]

  1. The minimum size of a site shall be two (2) acres, which may be comprised of one (1) parcel or two (2) or more contiguous parcels. [Source: Ord. No. 2018-329]

2. The maximum density allowed is sixteen (16) units per acre. [Source: Ord. No. 2018329]

3. A fifteen-foot setback shall be maintained along the front, side, and rear property lines. [Source: Ord. No. 2018-329]

4. A minimum buffer of fifty (50) feet shall be provided between the temporary housing unit and any existing light industrial use or property with light industrial zoning. [Source: Ord. No. 2018-329]

5. Vehicle parking shall be provided in a centralized location on the property. Parking spaces shall generally comply with Zoning Code standards for stall size and aisle widths. [Source: Ord. No. 2018-329]

6. A centralized refuse collection area shall be provided. [Source: Ord. No. 2018-329]

7. All units shall be accessible from a twentyfoot wide emergency vehicle access way. [Source: Ord. No. 2018-329]

8. A minimum of fifteen (15) feet shall be provided between units to provide dedicated outdoor space for each unit. [Source: Ord. No. 2018-329]

9. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: Ord. No. 2018-329]

10. Security lighting shall be provided to the satisfaction of the Town of Windsor Police Chief. [Source: Ord. No. 2018-329]

11. Occupants of temporary housing units shall sign a form acknowledging the that the temporary housing unit is located in an area with active light industrial uses or in an area zoned for light industrial uses and that these uses may create noise, smoke,

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odors, dust, gases, glare, heat, vibration and wastes that are not found in residential neighborhoods and/or involve uses not found in residential neighborhoods. [Source: Ord. No. 2018-329]

• B. Units on Developed Light Industrial Properties. Placement of temporary housing units on developed light industrially zoned properties is prohibited. [Source: Ord. No. 2018-329]

• A. Length of Stay. Existing emergency shelters may extend the length of stay of shelter occupants until the expiration of the enacting ordinance. [Source: 17.38.060.A]

• B. Number of Beds. Existing emergency shelters may increase the maximum number of beds to above forty (40), subject to review and approval of the Sonoma County Fire District and the Building Official. [Source: 17.38.060.B]

• C. Expiration of Expanded Use. The provisions of this section shall expire concurrently with the expiration of the enacting ordinance. [Source: 17.38.060.C]

• A. Expansion of Nonconforming Use. Additional recreational vehicles may be parked at the Wine Country RV Park property on a temporary basis. [Source: 17.38.070.A, modified]

• B. Temporary Parking. For temporary parking of additional recreational vehicles, an Administrative Temporary Use Permit, in compliance with Chapter 17.60 (Temporary Use Permit), approved by the Council shall be required, subject to the following: [Source: 17.38.070.B]

  1. Each RV unit shall acquire Town water service and electrical service. Sewage dis-

posal to a legal disposal facility is the responsibility of each RV unit. [Source: 17.38.070.B.1]

2. The property owner shall enter into an agreement with the Town and Windsor Water District governing provision and termination of water and sewer services prior to occupancy of the temporary units. [Source: 17.38.070.B.2]

3. Any necessary approvals from the California Department of Housing and Community Development (HCD) shall be secured prior to occupancy of the temporary units. [Source: 17.38.070.B.3]

4. Parking of recreational vehicles and/or improvements needed to serve the additional temporary parking spaces shall avoid any impact to trees protected under the Town's Tree Preservation and Protection standards established in Section 17.22.030 (Tree Preservation and Protection). [Source: 17.38.070.B.4]

5. Parking of recreational vehicles and/or improvements needed to serve the additional temporary parking spaces shall be appropriately set back from any creek or waterway on or adjacent to the property. [Source: 17.38.070.B.5]

6. Other conditions or requirements as determined to be appropriate by the Council. [Source: 17.38.070.B.6]

Unless otherwise stated in this chapter, all temporary housing units permitted by this chapter shall require approval of a Temporary Use Permit. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 17.52 (Application Processing Procedures) and Chapter 17.60 (Temporary Use Permits). [Source: 17.38.080]

• A. Ministerial Temporary Us Permit. A Temporary Use Permit processed at the staff

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level is required for a single temporary housing unit on a developed residentially zoned property. [Source: 17.38.080.A]

• B. Administrative Temporary User Permit. An Administrative Temporary Use Permit considered through the administrative hearing process is required for more than one (1) temporary housing unit on a developed residentially zoned property, for one (1) or temporary housing units on a vacant residentially zoned property, for one (1) or more temporary housing units on a commercially zoned property, for one (1) or more temporary housing units on light industrially zoned property, and for additional recreational vehicle parking at the Wine Country RV Park. [Source: 17.38.080.B]

• C. Growth Control Ordinance. Temporary Use Permits authorized by this chapter are exempt from the Town's Growth Control Ordinance. [Source: 17.38.080.C]

• D. Public Notice. Notice of the administrative hearing required for an Administrative Temporary Use Permit shall be sent to property owners and occupants located within three hundred (300) feet of the property a minimum of ten (10) days prior to the hearing. [Source: 17.38.080.D]

• E. Expiration of Permit. An Administrative Temporary Use Permit shall expire twentyfour (24) months after the date of approval, unless otherwise indicated in the conditions of approval for the Permit. [Source: 17.38.080.E, modified]

Inspection of a temporary housing unit and site by the Department, Public Works Department, Windsor Water District, and Sonoma County Fire District is required prior to occupancy of a temporary housing unit. The temporary housing unit

shall comply with all Town, Windsor Water District, and Sonoma County Fire District requirements prior to use as a temporary housing unit. [Source: 17.38.090]

Because the provision of temporary housing for people displaced by the Fires and workers involved in the recovery and reconstruction efforts will provide an economic benefit to the Town by allowing residents to retain jobs, reside in the area, and shop in the community, and is temporary in nature, development impact and mitigation fees and application fees are not required and shall not be charged. [Source: 17.38.100]

Property owners shall enter into an agreement with the Windsor Water District governing the provision and termination of water and sewer services for temporary housing units prior to occupancy. [Source: 17.38.110]

If a conflict occurs between the provisions of this chapter and other requirements of the Zoning Code, Station Area/Downtown Specific Plan, or Municipal Code, the provisions of this chapter shall control. [Source: 17.38.120]

Upon the expiration of a Temporary Use Permit for temporary housing or upon expiration of the enacting Code, the use of the property or structures for one (1) or more temporary housing units shall cease and the condition of the property or structures shall be returned to the condition that existed prior to use for temporary housing. [Source: 17.38.130]

The Director shall have the authority to make determinations regarding any land use, zoning, or other similar situation not addressed by this chapter. [Source: 17.38.140]

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