EXECUTIVE ORDER B-35-15


10-2-2015

EXECUTIVE ORDER B-35-15


WHEREAS on September 11, 2015 and September 13, 2015, I proclaimed States of Emergency to exist in Calaveras and Lake Counties due to wildfires that ultimately destroyed over 2,000 homes and structures, and collectively burned over 146,000 acres of land; and

WHEREAS these wildfires have caused thousands of residents to be homeless or displaced, and temporary housing options are limited in Calaveras and Lake Counties; and

WHEREAS these wildfires have created a substantial amount of ash, burnt vegetation, and debris in Calaveras and Lake Counties; and

WHEREAS both Calaveras and Lake Counties have declared health emergencies as a result of the wildfires and the large amount of dangerous debris; and

WHEREAS rapid action needs to take place in order to assist the disaster survivors, locate housing, rebuild the communities, repair and restore the environment, and mitigate the hazards for future disasters; and

WHEREAS under the provisions of section 8571 of the Government Code, I find that strict compliance with the various statutes and regulations specified in this Executive Order would prevent, hinder, or delay the mitigation of the effects of the wildfires in Calaveras and Lake Counties.

NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular, sections 8625 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately.

IT IS HEREBY ORDERED THAT:

1. All agencies of the state government shall utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor's Office of Emergency Services and the State Emergency Plan.

2. In order to quickly provide housing for those displaced by the fires, the Mobilehome Parks Act, Health and Safety Code section 18200 et seq., Title 25, California Code of Regulations section 1000 et seq., the Special Occupancy Parks Act, Health and Safety Code section 18860 et seq., and Title 25, California Code of Regulations section 2000 et seq., are suspended, as they pertain to Calaveras and Lake Counties, for three years after the date of this Executive Order with regard to:



(a) Mobilehomes, manufactured homes, and recreational vehicles and their lots held out for lease or rent on any publicly-owned property, even if constructed, operated, or maintained by an entity other than a public agency. The public agency owning the property shall be responsible for adopting and enforcing reasonable guidelines for the park’s development and operation to ensure the health and safety for the residents and the community, subject to approval by the Department of Housing and Community Development; and

(b) One or more mobilehomes, manufactured homes, or recreational vehicles located on privately owned property when the lots are held out for rent or lease, or owner-occupied.

3. The Department of Housing and Community Development and local enforcement agencies with delegated disaster authority will jointly develop permitting, operating, and construction standards to maintain reasonable health and safety standards for the residents and the surrounding communities. Such standards shall provide reasonable consistency with appropriate fire, health, flood, and other factors normally considered in the mobilehome park approval process for the construction of a new mobilehome park or manufactured home installation standards during the three year suspension authorized by this Executive Order.

4. The Department of Housing and Community Development, or local enforcement agencies with delegated disaster authority, shall give the highest priority to advising those seeking to develop mobilehome and special occupancy parks and the installation or use of manufactured homes or recreational vehicles in Calaveras and Lake Counties, and shall expedite inspections and the issuance of the necessary permits for this purpose.

5. All local land use and zoning ordinances, and other ordinances which would delay or impede prompt development or construction of temporary mobilehome parks or manufactured home installations, or special occupancy parks, or use of recreational vehicles, are suspended for three years after the date of this Executive Order with regard to Calaveras and Lake Counties.

6. All fees imposed by the Mobilehome Parks Act, Health and Safety Code section 18500 et seq. and the Special Occupancy Parks Act section 18870 et seq., are suspended for three years after the date of this Executive Order with regard to manufactured home installation and recreational vehicle use in Calaveras and Lake Counties.

7. The planning and zoning requirements for manufactured homes in Government Code sections 65852.2 through 65863.13 are suspended for three years after the date of this Executive Order, with regard to housing projects in Calaveras and Lake Counties.

8. Any local government ordinances in Calaveras or Lake Counties, which would preclude the placement and use of a manufactured home or recreational vehicle on a private lot for use during the reconstruction of a home, are suspended for three years after the date of this Executive Order for individuals impacted by the fires. Property owners placing manufactured homes or recreational vehicles on lots shall obtain permits as described in paragraph 4 to ensure health and safety standards are met that are consistent with the standards set forth herein.

9. For three years after the date of this Executive Order, the fees required pursuant to Health and Safety Code sections 18114 and 18116 for registering a manufactured home or mobilehome are waived for the residents of Calaveras and Lake Counties who were impacted by the fires.

10. The Franchise Tax Board and the Board of Equalization shall use their administrative powers where appropriate to provide those individuals and businesses impacted by the wildfires in Lake and Calaveras Counties with extensions for filing, audits, billing, notices, assessments, and relief from subsequent penalties.

11. The provisions of Penal Code section 396 prohibiting price gouging in times of emergency shall remain in effect to protect the disaster survivors in Calaveras and Lake Counties. The 30-day time period limitation under subsection (b) is hereby waived.

12. The Orders and provisions contained in Executive Order B-33-15, dated August 27, 2015, remain in full force and effect and apply to Calaveras and Lake Counties.
This Executive Order is not intended to, and does not create any rights or benefits, substantive or procedural, enforceable at law or equity, against the State of California, its agencies, departments, entities, officers, employees or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this order.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 1st day of October 2015.


EDMUND G. BROWN JR.
Governor of California


ATTEST:


ALEX PADILLA
Secretary of State

A copy of the executive order can also be found here.

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