To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Draft Tiny House Village Ordinance and Draft Emergency Housing Village Ordinance
Assessor Parcel Numbers (APN) 000-000-000
Record No.: LRP-2021-17304
Unincorporated Humboldt County.
The Tiny House Village Ordinance will amend the zoning code to allow a grouping or clustering of three or more tiny houses or moveable tiny houses as a type of multifamily dwelling. Tiny house villages can also include Dependent Unit Villages defined as a grouping or clustering of three or more sleeping units with central sanitary, cooking, and dining facilities.
The Emergency Housing Village Ordinance will address the need for emergency housing by allowing a broad range of housing types for occupancy during an active shelter crisis declaration. This ordinance amends the zoning regulations and creates provisions to allow for new housing configurations (Emergency Housing Villages including Alternative Lodge Parks and Emergency Dependent Unit Villages) as permitted housing types.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission take the following actions:
1. Adopt resolutions (Resolution 24-__) [Attachment 1] recommending that the Humboldt County Board of Supervisors take the following actions:
a) Find that the proposed Inland and Coastal Tiny House Village Ordinance is exempt from CEQA pursuant to section 15061(b)(3) of CEQA Guidelines; and
b) Find that the proposed Inland and Coastal Tiny House Village Ordinance is consistent with the General Plan or Local Coastal Plan.
c) Adopt the Inland Tiny House Village Ordinance adding sections 314-62.3 and 314-62.4, amends the tables in sections 314-2.1, 314-2.2, 314-2.4, 314-6.1, 314-6.3, 314-6.4, 314-6.5, 314-8.1, 314-9.1, 314-9.2, and amends sections 314-139 and 314-155 in Chapter 4 of Division 1 of Title III of the County Code for the inland areas of the County. [Attachment 2]
d) Adopt the Coastal Tiny House Village Ordinance adding sections 313-62.3, 313-62.4, amends the tables in sections 313-6.2, 313-6.3 and amends sections 313-139 and 313-155 in Chapter 3 of Division 1 of Title III of the County Code for the coastal areas of the County. [Attachment 3]
2. Adopt resolutions (Resolution 24-__) [Attachment 4] recommending that the Humboldt County Board of Supervisors take the following actions;
a) Find that the proposed Inland and Coastal Emergency Housing Village Ordinance is exempt from CEQA pursuant to section 15061(b)(3) of CEQA Guidelines; and
b) Find that the proposed Inland and Coastal Emergency Housing Village Ordinance is consistent with the General Plan or Local Coastal Plan, and state law.
c) Adopt the Inland Emergency Housing Village Ordinance adding section 314-62.5, amends the tables in sections 314-2.1, 314-2.2, 314-2.4, 314-3.2, 314-3.3, 314-6.4, 314-6.5, 314-8.1, 314-9.1, 314-9.2, and amends sections 314-136 and 314-140 in Chapter 4 of Division 1 of Title III of the County Code for the inland areas of the County. [Attachment 5]
d) Adopt the Coastal Emergency Housing Village Ordinance adding sections 313-62.5 amends the tables in sections 313-6.2, 313-6.3, and amends sections 313-136 and 313-140 in Chapter 3 of Division 1 of Title III of the County Code for the coastal areas of the County. [Attachment 6]
Body
DISCUSSION:
Executive Summary:
The original proposed ordinance that was taken to the Planning Commission hearing for a Public Workshop included a combined draft of the currently proposed Tiny House Village Ordinance and Emergency Housing Village Ordinance. After conducting the Public Workshop and receiving comments, it became apparent that there was a general misunderstanding around what the intent was for the original draft ordinance. It was then decided that a second workshop would be held in order to allow further communications with the public and to inform them on the plan forward of separating out the two main sections of the ordinance (the now proposed Tiny House Village Ordinance and Emergency Housing Village Ordinance).
The proposed Tiny House Village Ordinance amends the zoning regulations to allow for new housing configurations, Tiny House Villages (including tiny homes or moveable tiny homes) and Dependent Unit Villages, within areas that are zoned for multi-family dwellings as principally permitted, and in other zones that may be appropriate with a Use Permit. The intent of the Tiny House Village Ordinance is to encourage housing diversity and the expansion of lower cost housing developments in Humboldt County.
The proposed Emergency Housing Village Ordinance amends the zoning regulations to allow for new housing configurations, Emergency Dependent Unit Villages and Alternative Lodge Parks. The intent of the Emergency Housing Village Ordinance is to allow for the use or creation of emergency housing with less stringent building standards and to be specifically used for persons experiencing homelessness.
Introduction
The proposed Tiny House Village Ordinance will address the following items included in the 2019 Housing Element:
1. Policy H-P31. Allowance for Tiny House Villages: The County shall improve housing diversity and encourage development of new low-cost housing by amending the Zoning Regulations to allow tiny house villages as a type of multifamily dwelling allowed in zoning districts that allow other residential dwellings of the same type, and specify development and performance standards to protect public health and safety.
2. Implementation Measure H-IM40. Allowance for Tiny House Villages: The County shall amend the Zoning Regulations to allow a grouping or clustering of three or more tiny houses or moveable tiny houses as multifamily dwellings, and shall be permitted by right in all zones that allow multifamily dwellings. A grouping or clustering of three or more detached bedrooms with central sanitary, laundry, cooking and dining facilities shall also constitute a tiny house village, and shall be permitted by right in all zones that allow multifamily dwellings. Tiny house villages shall meet objective development and performance standards to protect public health and safety, including density of occupation, setbacks, buffers and screening, lighting, and off-street parking.
The proposed Emergency Housing Village Ordinance will address the following items included in the 2019 Housing Element:
1. Implementation Measure H-IM40. Allowance for Tiny House Villages: The County shall amend the Zoning Regulations to allow a grouping or clustering of three or more detached bedrooms with central sanitary, laundry, cooking and dining facilities shall also constitute a tiny house village, and shall be permitted by right in all zones that allow multifamily dwellings.
2. Implementation Measure H-IM58. Alternative Lodge Park. Amend the Zoning Regulations to include provisions for Alternative Lodging Park (ALP) as an enumerated use subject to a use permit. An ALP would provide spaces for temporary or permanent occupancy that are flexible allowing a broad range of housing types. The range of allowable dwelling types including manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, moveable tiny houses and temporary camping facilities.
• Siting standards to include the requirement for connection to commercial wastewater and water systems. The ALP standards will specify zoning districts where an ALP may be sited and the minimum parcel size. Standards for space size, internal circulation, buffer zones and screening devices, open space/recreational facilities and additional common buildings, etc. will be specified.
• The maximum units per acre for any park will be determined by the Planning Commission based on site conditions.
The Original Draft Tiny House Village & Emergency Housing Village Ordinance
The original proposed ordinance that was taken to the Planning Commission hearing for a Public Workshop included a combined draft of the currently proposed Tiny House Village Ordinance and Emergency Housing Village Ordinance (the draft Tiny House Village & Emergency Housing Village Ordinance). The draft Tiny House Village & Emergency Housing Village Ordinance included two main sections: one section dedicated to tiny house villages (including tiny homes or moveable tiny homes) which would require the structures to meet standard residential building code for permanent occupancy, and another section dedicated to emergency housing villages (dependent unit villages and alternative lodge parks) which would be permitted as emergency housing under California building code, and would only be allowable during an active shelter crisis declaration.
Initially, when looking into the existing California Building Standards Code (CBSC) regarding dwelling units, California Residential Code (CRC) defines a dwelling unit as “including permanent provisions for living, sleeping, eating, cooking and sanitation.” At the time it was thought that the only viable route of permitting a dwelling unit that is dependent on common facilities for cooking and sanitation was through state provisions for emergency housing. After further research it was found that there are alternative ways to permit dependent unit structures under standard CRC, discussed more below under The Current Proposed Tiny House Village Ordinance.
As well, some of the housing types that are listed in H-IM58 for ALPs are only allowed to be temporarily occupied or occupied as emergency housing during an active shelter crisis declaration (recreational vehicles, travel trailers and temporary camping facilities including: yurts, tents and membrane structures). The section for emergency housing villages in the original draft ordinance was developed in order to allow for dependent units in a Dependent Unit Village and a broad range of other housing types in an ALP under state building standards for emergency housing. The reduced building requirements would also make the units lower cost to develop. The intent of the original Tiny House Village & Emergency Housing Village Ordinance was to allow new diverse housing types in the Humboldt County Code that would be low-cost housing developments.
First Tiny House Village & Emergency Housing Village Workshop
During the first Public Workshop held on April 18, 2024, there was a general misunderstanding regarding the intent of the original draft ordinance. A majority of public comments received included concerns with how the provisions would address homelessness and create affordable housing. It was therefore decided that the next rendition of the ordinance would separate out the two main sections for tiny house villages and emergency housing villages into two ordinances to clearly define the intent for each ordinance.
Other comments that were received on the original draft ordinance included the following:
§ What is the county’s role in collaboration with grants and non-profits? (This was discussed more at the second workshop.)
§ Is the county utilizing the Shelter Crisis Act to allow alternative building standards?
§ Who can participate and who will own the land?
§ Density cap is too restrictive.
§ Parking, toilet, and shower requirements are too high.
§ Allowances for creative alternative sewer and power sources. (Composting toilets are currently allowed by the Department of Environmental Health but are only allowed for owner-occupied single-family dwellings.)
§ Requirements to comply with the California Department of Housing and Community Development (HCD) regulations for Mobilehome Parks and Special Occupancy Parks. (Tiny Homes and moveable tiny homes are not under HCD jurisdiction. Also, emergency housing does not require compliance with the Mobilehome Parks Act or Special Occupancy Parks Act.)
§ Allow for short-term stays (less than 30 days).
§ Allowance on AG and TPZ zones in rural areas. (This would require an amendment of the General Plan to allow these designated uses in these zones.)
§ Requirements for an SP or CUP in Community Planning Areas.
§ Curb appeal and design standard requirements.
In response to the draft ordinance and public comments received, the following requests were made by some of the Planning Commissioners to be included in the second rendition of the ordinance:
§ Limit non-profit ownership sites to charging only 25-30% of income. (This was discussed and was found to be a complicated requirement and burdensome to enforce due to changing income from month to month.)
§ Policies to allow for self-management.
§ Tenant rights and management policies.
§ Remove density requirement and reduce parking requirement. (Discussed more in The Current Proposed Tiny House Village Ordinance below.)
§ Include the allowance of yurts and cars in Alternative Lodge Parks.
§ Require support facilities for transitional housing. (Support facilities are already required for transitional and supportive housing by the state.)
§ More allowances for rural areas. (These developments are proposed to be allowed in all of Humboldt County including rural areas.)
§ A grandfather clause for existing sites.
§ Include alternatives. (Discussed more below.)
§ Conduct a second public workshop to discuss further with interested parties.
Second Tiny House Village & Emergency Housing Village Workshop
A second Public Workshop was held on May 13, 2024, at the Agricultural Center in Eureka and was a hybrid meeting allowing attendance in person or virtually through Microsoft Teams. An email was sent to all members of the public who submitted comments at the first workshop, a Press Release was published in the paper, a Flyer for the event was posted on the County’s social media pages, and information was updated on the Planning & Building Department’s webpage dedicated to the proposed ordinance(s). A presentation was given at the second workshop to discuss some of the issues with the original draft ordinance, some of the comments received, the plan and reason for separating out the ordinance into two, and potential alternatives that could be included in the second draft of the proposal. The second workshop was recorded and uploaded to the County’s YouTube page and webpage dedicated to the ordinance(s).
The Current Proposed Tiny House Village Ordinance
The proposed Tiny House Village Ordinance amends the zoning regulations to allow for new housing configurations, Tiny House Villages (including tiny homes or moveable tiny homes) and Dependent Unit Villages, within areas that are zoned for multi-family dwellings as principally permitted, and in other zones that may be appropriate with a Use Permit. The allowable residential zones for these types of development included zones that have a land use designation of Residential Medium and Residential Low at a density no greater than allowed by the General Plan. The intent of the Tiny House Village Ordinance is to encourage housing diversity and the expansion of lower cost housing developments in Humboldt County.
The proposed ordinance does not include a minimum requirement for parcel size in order to reduce the limitations on available sites for development. A density requirement of twenty (20) units per acre was included for Tiny House Villages, which does limit the number of dwelling units on a single parcel. Comments received on the original draft ordinance included that the 20 unit per acre density limit was too restrictive, and other concerns were expressed regarding the affordability of the units in a Tiny House Village. In response to these comments, we have added language for density bonus options in the ordinance. With a density bonus approved through the existing provisions of Humboldt County Code (HCC) Section 314-112 Residential Density Bonus and Other Developer Incentive, a developer could go above the 20 unit per acre limit by allocating a percentage of units strictly for low-income, very low-income, senior citizen housing, or moderate-income; and would be eligible to receive incentives or concessions for doing so. An alternative was also provided (Alternative 1) for removing the density limit altogether, however, this is not recommended as it may allow for development that does not currently meet the standards within our General Plan and does not incentivize allocating units for low income.
All principally permitted Tiny House Villages require connection to public water and sewer. In areas where no public water and sewer is available, a Special Permit is required, and on-site wastewater and water supply systems that meet County Code and state requirements shall serve the Tiny House Village. These could include alternative systems so long as they meet the requirements and receive permits from the Department of Environmental Health (DEH). Additionally, it was decided that requiring access to the site on a Category 4 road with a Category 2 driveway with a minimum of 20 feet would be needed to allow for firetruck access. All sites will need to comply with setbacks, buffers and screening, and lighting requirements within the Humboldt County Zoning Code.
Other general standards and alternatives included in the ordinance (applied to both Tiny House Villages and Dependent Unit Villages) are as follows:
1. Shall not be rented for periods of less than 30 days in duration.
2. Shall have connection to grid power or renewable power source.
3. Each individual unit shall be assigned an address.
4. A minimum of one (1) parking space per unit shall be provided; for transitional housing a minimum of one (1) parking space per unit plus two (2) manager parking spaces; for senior citizen housing a minimum of one (1) parking space for every two (2) units or a parking space study shall be provided.
a. Alternative 2a: parking requirements may be reduced by 50% for sites within one half mile (1/2 mile) of a public transit stop.
b. Alternative 2b parking requirements may be reduced by 70% for sites containing one (1) bike rack per unit and is within one half mile (1/2 mile) of a public transit stop.
5. Shall have designated areas for enclosed trash, composting and recycling containers.
6. A minimum of 1,500 net square feet per 1-acre of Tiny House Village shall be provided for open space area.
a. Alternative 3: a minimum of 2,000 net square feet per 1-acre of Tiny House Village provided for open space, and up to 25% of that can be improved for common buildings (for recreation, workspace, storage, etc.).
7. Windows of one unit shall not be placed so that it provides a direct view into a neighboring unit.
Dependent Unit Villages are also proposed in the ordinance, which would allow for Dependent Sleeping Units without being fully equipped with bathroom and kitchen facilities but may include a bathroom. Dependent Unit Villages require common facilities to provide at a minimum, kitchen areas, toilets, showers and bathrooms with running water. In H-IM40 of the 2019 Housing Element, these Dependent Sleeping Units were called detached bedrooms. However, we did not want to restrict these units to only allow for “detached units,” but may also allow for units that are attached together in a new or existing structure with separate common facilities. These units could include tiny house or moveable tiny house structures.
No density limit was placed on Dependent Unit Villages, and they would be subject to limitations of the site. One “dwelling unit” under building code would consist of several Dependent Sleeping Units with separate provided common facilities as one (1) dwelling. These types of units would also not count towards density requirements in the General Plan.
Other general standards and alternatives included for Dependent Unit Villages in the ordinance:
1. Shall have a property manager responsible for providing routine maintenance of common facilities.
2. If common bathroom facilities are required, they shall provide at least one (1) toilet for every two (2) Dependent Sleeping Units, and at least one (1) bathing facility for every four (4) Dependent Sleeping Units.
a. Alternative 4: If common bathroom facilities are required, they shall provide at least one (1) toilet for every four (4) Dependent Sleeping Units, and at least one (1) bathing facility for every six (6) Dependent Sleeping Units.
3. If common lavatories with running water are required, they shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.
4. A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
The Current Proposed Emergency Housing Village Ordinance
The proposed Emergency Housing Village Ordinance amends the zoning regulations to allow for new housing configurations, Emergency Dependent Unit Villages and Alternative Lodge Parks. The intent of the Emergency Housing Village Ordinance is to allow for the use or creation of emergency housing (utilizing emergency housing building exceptions) and would apply to any facility for persons experiencing homelessness for the duration of the shelter crisis.
Emergency Housing Villages shall be operated by a government agency, religious institution, nonprofit charitable organization, or private nonprofit organization; and no individual or household shall be denied shelter because of inability to pay. No ownership requirements were placed, and sites may include emergency shelters that are located on land owned or leased by the county, or city and county. The Shelter Crisis Declaration approved by the Humboldt County Board of Supervisors in February of 2018, pursuant to Government Code Chapter 7.8, Shelter Crisis Section 8698, allows the use of Emergency Housing building standards to be applied under this ordinance: California Building Code (CBC), Appendix P and CRC, Appendix AZ (Attachment 7). All units and facilities that do not meet the general CBSC standards would need to be removed within 90 days of the ineffective date of the shelter crisis declaration. Units and facilities that don’t meet CBSC may also be improved to meet CBSC standard requirements under separate application(s) with the Planning & Building Department.
Other general standards and alternatives included in the ordinance (applied to both Emergency Dependent Unit Villages and Alternative Lodge Parks):
1. Connection to public water and sewer. (Emergency Dependent Unit Villages may allow for on-site wastewater or water systems with a Special Permit.)
2. Connection to grid power, an emergency generator or renewable source of power such as solar.
a. Alternative 1: Connection to grid power or renewable power source.
3. Located on a Category 4 road and a Category 2 driveway with a minimum width of 20 feet for firetruck access.
4. Units shall provide address numbers, letters, or other suitable means of identification.
5. No minimum parking requirements.
6. A minimum of 1,500 net square feet per 1-acre of Tiny House Village shall be provided for open space area.
a. Alternative 2: a minimum of 2,000 net spare feet per 1-acre of Tiny House Village provided for open space, and up to 25% of that can be improved for common buildings (for recreation, workspace or storage).
7. Common facilities providing, but not limited to, a shared kitchen area, and shared bathroom and sanitary facilities, supporting the Emergency Housing Villages are required.
8. Alternative 3: Use of onsite common facilities shall be limited exclusively to the occupants of the Emergency Housing Village, any personnel involved in operating the housing, and other emergency personnel.
9. Common bathroom facilities shall be provided with at least one toilet for every four (4) sleeping units, and at least one bathing facility for every eight (8) sleeping units.
10. Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities.
11. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees F (21.0 degrees Celsius) within such facilities.
12. A separate kitchen area shall be equipped and maintained as a common use kitchen. Refrigerated storage shall be provided for safe storage of food.
13. Shall have a property manager who shall be responsible for providing routine maintenance to the common facilities.
Emergency Dependent Unit Villages are allowed within areas that are zoned for multi-family dwellings as principally permitted, and in other zones that may be appropriate with a Use Permit. Emergency Dependent Unit Villages would have dependent units (called Emergency Sleeping Cabins), and are required to provide common facilities including, but not limited to, kitchen areas, toilets, showers and bathrooms with running water. Dependent units are defined in CRC, Appendix AZ as “emergency housing not equipped with a kitchen area, toilet, and sewage disposal system.” Emergency Sleeping Cabins in a Dependent Unit Village are required to adhere to CRC, Appendix AZ, Section AZ104 minimum standards for Emergency Sleeping Cabins. The parking area for an Emergency Sleeping Cabin shall include a compacted structural base capable of supporting the weight of the Emergency Sleeping Cabin.
Alternative Lodge Parks would provide spaces for occupancy that are flexible allowing a broad range of housing types as emergency housing. The range of allowable housing types include manufactured and mobile homes, recreational vehicles, travel trailers, tiny houses, moveable tiny houses, cars and temporary camping facilities (tents, yurts and membrane structures). The allowance for an Alternative Lodge Park would require state emergency housing standards in order to allow recreational vehicles, travel trailers, cars and temporary camping facilities (tents, yurts and membrane structures). H-IM50 of the 2019 Housing Element states that these spaces be for temporary or permanent occupancy, but these units would not technically be allowed as permanent housing and would only be allowed to be occupied during an active shelter crisis declaration. All Alternative Lodge Parks require a Conditional Use Permit and connection to public water and sewer. No minimum parcel size was sited, and the maximum number of units per acre will be determined by the Planning Commission based on site conditions. Spaces provided for sleeping units and internal circulation shall be sufficient space for emergency access ingress and egress.
One standard of the CRC, Appendix AZ Emergency Housing, was not included as a provision within the draft ordinance. Section AZ106 for Tents and Membrane Structures states that “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 within such tent during the period of occupancy.” As many of the urban areas within Humboldt County are located near the coast, minimum temperatures of 50 degrees Fahrenheit are not fully present during much of the year. The County has declared a Shelter Crisis due to the many people that are homeless and living on the streets, and many of which already sleep in tents. Because of this, it has been considered that making an exception to this provision would still protect public health and safety by providing sanitary bathroom and kitchen facilities to individuals already sleeping in tents without those facilities.
Grant Funding
The Tiny House Village Ordinance work has been funded by a Local Early Action Planning (LEAP) grant from the California Department of Housing and Community Development (HCD). LEAP provides funding to jurisdictions for the preparation and adoption of planning documents and process improvements that accelerate housing production, including increasing the mix of housing types and housing supply. To be eligible for the funds under the LEAP grant the Tiny House Village Ordinance will require approval by the Board of Supervisors no later than September 30, 2024.
Project Location: All unincorporated areas of Humboldt County, including the Coastal Zone.
Present General Plan Land Use Designation: All land use designations.
Present Zoning: All zoning districts.
Environmental Review: The proposed ordinances are exempt from environmental review under §15061(b)(3) of CEQA Guidelines, activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
State Appeal: This project is located in part within the Coastal Zone and is therefore appealable to the California Coastal Commission. Changes proposed to the Local Coastal Program (zoning ordinance provisions 313-62.3, 313-62.4, 313-62.5 and other sections of Chapter 3) must receive final certification from the California Coastal Commission before they become effective.
OTHER AGENCY INVOLVEMENT:
The project was referred to the following responsible agencies: Department of Public Works, Building Division, Department of Health & Human Services, CalFire, County Counsel and Department of Environmental Health. All responding agencies have either responded with no comment or have made recommended changes to the proposed ordinances. All comments have been incorporated into the draft ordinances.
ATTACHMENTS:
1. Resolution No. 24-___ for the Inland and Coastal Tiny House Village Ordinance
2. Draft Inland Tiny House Village Ordinance
3. Draft Coastal Tiny House Village Ordinance
4. Resolution No. 24-___ for the Inland and Coastal Emergency Housing Village Ordinance
5. Draft Inland Emergency Housing Village Ordinance
6. Draft Coastal Emergency Housing Village Ordinance
7. California Building Code, Appendix P and California Residential Code, Appendix AZ
8. Public Comments
Please contact Megan Acevedo, Associate Planner, at Macevedo@co.humboldt.ca.us <mailto:Macevedo@co.humboldt.ca.us> or 707-441-2634 if you have questions about this item.