WHEREAS on December 5, 2017, I proclaimed a state of emergency to exist in Ventura and Los Angeles Counties due to the Thomas, Creek, and Rye Fires; and
WHEREAS on December 7, 2017, I proclaimed a state of emergency to exist in Santa Barbara and San Diego Counties due to the Thomas and Lilac Fires; and
WHEREAS the Thomas Fire destroyed nearly 1,000 structures, burned nearly 300,000 acres, and was the largest fire in California history; and
WHEREAS beginning on January 8, 2018, a storm system swept across Southern California, bringing high winds, heavy precipitation, and flash flooding to the Thomas Fire burn scars in Santa Barbara County, resulting in substantial mud and debris flows; and
WHEREAS the mud and debris flows caused fatalities, destroyed and damaged homes, damaged critical infrastructure, and forced the closure of major highways and local roads, including Highway 101; and
WHEREAS residents remain displaced from their homes and will require additional resources to assist in recovering from, and mitigating the effects of, the wildfires and subsequent mud and debris flows; 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 order would prevent, hinder, or delay the mitigation of the effects of the wildfires and subsequent mud and debris flows.
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, and in particular, Government Code sections 8567 and 8571, do hereby issue the following orders to become effective immediately in the impacted counties:
IT IS HEREBY ORDERED THAT:
1. State statutes, rules, regulations and requirements set forth in the Mobilehome Parks Act (Health and Safety Code section 18200 et seq., and California Code of Regulations, title 25, section 1000 et seq.), and the Special Occupancy Parks Act (Health and Safety Code section 18860 et seq., and California Code of Regulations, title 25, section 2000 et seq.), are suspended, as these laws pertain to disaster survivors in the impacted counties, for three (3) years after the date of this Executive Order in order to quickly provide housing for those displaced by the wildfires and subsequent mud and debris flows.
2. The Department of Housing and Community Development and local enforcement agencies, including those with delegated disaster authority, will jointly develop permitting, operating, and construction standards to maintain reasonable health and safety standards for the disaster survivors, the residents and the surrounding communities in the impacted areas. Such standards shall provide reasonable consistency with appropriate fire, health, flood, and other factors normally considered in the mobilehome or special occupancy park approval process for the construction of a new park or manufactured home installation standards during the three-year suspension authorized by this Executive Order.
3. All fees assessed by the state and local enforcement agencies that are authorized by the Mobilehome Parks Act, as required by Health and Safety Code section 18500 et seq., and the Special Occupancy Parks Act section 18870 et seq., are suspended and shall be waived by the Department of Housing and Community Development for three (3) years after the date of this Executive Order with regard to manufactured home installation and recreational vehicle use for disaster survivors who are owners or occupants of a manufactured home or mobilehome, or recreational vehicle, whose homes were damaged or destroyed as a result of the wildfires and subsequent mud and debris flows located in the impacted counties.
4. All fees assessed by the state and local enforcement agencies that are authorized by the Mobilehome Parks Act as required by Health and Safety Code section 18503 and California Code of Regulations, title 25, section 1020.1, are suspended and shall be waived by the Department of Housing and Community Development, including fees for any required inspections or plan checking, for any disaster survivor who is an owner or occupant of a manufactured home or mobilehome whose home was damaged or destroyed as a result of the wildfires and subsequent mud and debris flows located in the impacted counties.
5. All fees assessed by the state and local enforcement agencies that are authorized by the Manufactured Housing Act (Health and Safety Code section 18000 et seq., and California Code of Regulations, title 25, section 4000 et seq.), as required by Health and Safety Code section 18031 and California Code of Regulations, title 25, section 4044, are suspended and shall be waived by the Department of Housing and Community Development, including fees for any required inspections or plan checking, for any owner or occupant of a manufactured home or mobilehome whose home was damaged or destroyed as a result of the wildfires and subsequent mud and debris flows located in the impacted counties.
6. All fees assessed by the state and local enforcement agencies that are authorized by the Manufactured Housing Act, as described in Health and Safety Code sections 18075, 18114, and 18116, are suspended and fees shall be waived by the Department of Housing and Community Development, including any fees for the late renewal of registration certificate or certificate of title for a manufactured home or mobilehome, by any owner or occupant that is a disaster survivor and whose home was damaged or destroyed as a result of the wildfires and subsequent mud and debris flows located in the impacted counties.
7. All fees assessed by the state and local enforcement agencies that are authorized by the Manufactured Housing Act, as set forth at Health and Safety Code section 18075 and chapter 5 (commencing with section 5510) of the California Code of Regulations, title 25, related to establishing proof of ownership, are suspended and shall be waived for any mobilehome or manufactured home resident whose home was damaged or destroyed by the identified wildfires and subsequent mud and debris flows located in the impacted counties for three (3) years of the date of this Executive Order. This waiver shall include, but not be limited to, processing fees for duplicate certificates of title or registrations, salvage applications and salvage certificates, the processing fees and costs for establishing registered ownership pursuant to article 3.5 (commencing with section 5535) of the California Code of Regulations, title 25, and other related fees.
8. The planning and zoning requirements in Government Code sections 65852.3 through 65860, sections 65861 and 65862, and sections 65863.4 through 65863.6, as applicable to housing projects in the impacted counties, are suspended for three (3) years after the date of this Executive Order, for recreational vehicles, mobilehomes and manufactured homes and mobilehome and special occupancy parks damaged or destroyed as a result of the wildfires and subsequent mud and debris flows.
9. Any local government zoning and land use ordinances in the impacted counties, as authorized by the state statutes and regulations suspended by paragraphs 1 and 8 of this Executive Order, that would preclude the placement and use of a manufactured home, mobilehome, or recreational vehicle on a private lot outside of a mobilehome park or special occupancy park for use during the reconstruction or repair of a home damaged or destroyed by the wildfires or subsequent floods and debris flows, are suspended for three (3) years after the date of this Executive Order for the individuals impacted by those events. Those individuals placing manufactured homes, mobilehomes, or recreational vehicles on lots pursuant to this paragraph shall obtain permits as described in paragraph 2.
10. The provisions of Penal Code section 396, subdivisions (b) and (c), prohibiting price gouging in time of emergency, will remain in effect until December 4, 2018 in Santa Barbara and Ventura Counties. The time period limitations under these subdivisions are hereby waived.
This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in 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 13th day of April 2018.
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EDMUND G. BROWN JR.
Governor of California
ATTEST:
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ALEX PADILLA
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