HomeMy WebLinkAbout4150 1 Ordinance No. 4150
2 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE
3 CAMP FIRE DISASTER RECOVERY TEMPORARY HOUSING ORDINANCE: 4/5
4 VOTE REQUIRED
5
6 The Board of Supervisors of the County of Butte ordains as
7 follows :
8 Section 1 . Emergency Findings . This urgency ordinance is
9 adopted pursuant to California Government Code Sections 25123 (d)
10 and 25131 and shall take effect immediately upon its approval by
11 at least a four-fifths vote of the Board of Supervisors . The Board
12 finds that this ordinance is necessary for the immediate
13 preservation of the public peace, health and safety, based upon
14 the following facts :
15 A. Conditions of extreme peril to the safety of persons and
16 property within the County were caused by the Camp Fire,
17 commencing on the 8th day of November, 2018, at which
18 time the Board of Supervisors was not in session.
19 B. California Government Code section 8630 empowers the
20 County Administrator to proclaim the existence of a
21 local emergency when the county is affected or likely to
22 be affected by a public calamity, subject to
23 ratification by the Board of Supervisors at the earliest
24 practicable time.
25 C. On November 8, 2018, the County Administrator of the
26 County of Butte proclaimed the existence of a local
1
1 emergency within Butte County due to the Camp Fire .
2 D. On November 8, 2018, the Acting Governor of the State of
3 California proclaimed a State of Emergency for Butte
4 County pursuant to the California Emergency Services
5 Act, commencing with Section 8550 of the Government
6 Code, and on November 14, 2018, the Governor issued
7 Executive Order B-57-18 concerning the Camp Fire.
8 E. On November 12, 2018, the President of the United States
9 declared the existence of a major disaster in the State
10 of California, providing assistance from many federal
11 agencies, including the Federal Emergency Management
12 Agency (FEMA) .
13 F. On November 13, 2018, the Board of Supervisors adopted
14 Resolution No. 18-169 ratifying the County
15 Administrator' s proclamation of the existence of a local
16 emergency in Butte County. The resolution also requested
17 that the State of California waive regulations that may
18 hinder response and recovery efforts, as well as make
19 available assistance under the California Disaster
20 Assistance Act or any other state funding, and that the
21 Federal Government expedite access to federal resources
22 and any other appropriate federal disaster relief
23 program.
24 G. The Camp Fire to date has consumed 153, 336 acres and has
25 led to the destruction of 13, 696 residences, damage to
26 462 residences, the destruction of 276 multiple family
2
1 residences, the destruction of 528 commercial buildings,
2 damage to 102 commercial buildings, the destruction of
3 4, 293 other minor structures, and resulted in the
4 evacuation of over 50, 000 people.
5 H. It is essential that the changes made by this ordinance,
6 which are related to the use and occupancy of
7 recreational vehicles and other residential structures,
8 be implemented immediately to allow the fastest possible
9 transition of homeless and displaced residents to
10 interim and long-term shelter.
11
12 Section 2 . Title.
13 This ordinance shall be known and may be cited as the Butte County
14 Camp Fire Disaster Recovery Temporary Housing Urgency Ordinance.
15
16 Section 3. Purpose.
17 This urgency ordinance is enacted for the purpose of temporarily
18 modifying various Zoning Ordinance regulations and policies to
19 allow the fastest possible transition of residents made homeless
20 or displaced by the Camp Fire to interim and long-term shelter.
21 The ordinance relaxes certain standards in the Zoning Ordinance to
22 allow for additional temporary housing opportunities outside of
23 the boundaries of the Camp Fire to meet the urgent need for housing
24 of displaced persons . This ordinance does not address standards
25 that will be required when displaced persons return to their
26
3
1 properties within the boundaries of the Camp Fire. Those standards
2 will be addressed in a subsequent ordinance .
3 Section 4 . Administration.
4 This ordinance shall be administered under the direction of the
5 Board of Supervisors, by and through the Director and other
6 departments specified herein.
7
8 Section 5 . Effective Period.
9 A. The provisions in this ordinance shall remain in effect until
10 December 31, 2020, unless otherwise specified herein, subject
11 to extension or modification by the Board of Supervisors .
12 Unless extended or modified by the Board of Supervisors, this
13 ordinance shall expire on December 31, 2020, and be of no
14 further force or effect .
15 B. Except as otherwise provided herein, no residential
16 recreational vehicle use or interim housing authorized
17 pursuant to this ordinance shall be used for permanent housing
18 after the expiration date of this ordinance.
19
20 Section 6 . Definitions .
21 Except where the context clearly indicates otherwise, the
22 following definitions shall govern the construction of the words
23 and phrases used in the ordinance:
24 Director. The Director of the Department of Development Services
25 or his or her authorized representative.
26 Displaced Person (s) . A county resident or residents whose
4
1 residential dwelling has been destroyed or damaged by the Camp
2 Fire, such that the resident (s) cannot occupy the dwelling.
3 Displaced person (s) may be required to provide verification to the
4 county to substantiate their eligibility for uses, permits and/or
5 approvals described in this ordinance. Evidence may consist of
6 verification by Federal Emergency Management Agency (FEMA)
7 registration or damage assessment, and/or a driver' s license or
8 other government-issued identification card or utility bill, etc.
9 with a physical address showing the resident resided on a legal
10 parcel impacted by the Camp Fire, as determined by the county.
11 Such determination may be made by the Director or other county
12 personnel .
13 Effective Date. The date of the Board of Supervisors adoption of
14 this ordinance.
15 Recreational Vehicle. A motor home, travel trailer, truck camper
16 or camping trailer that is : (1) self-contained with potable water
17 and sewage tanks and designed for human habitation for recreational
18 or emergency occupancy; (2) self-propelled, truck-mounted, or
19 permanently towable on California roadways; and (3) a California
20 Department of Motor Vehicles licensed vehicle, or a similar vehicle
21 or structure as determined by the Director.
22 Recreational Vehicle Park. A commercial use providing space for
23 the accommodation of more than two recreational vehicles for
24 recreational or emergency housing, or for transient employee
25 lodging purposes .
26
5
1 Camp Fire. A 153, 336-acre wildfire that started near the community
2 of Pulga on November 8, 2018, destroying over 18, 000 structures,
3 which forced the evacuation of the Town of Paradise, Berry Creek,
4 Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
5 Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
6 Hill, and other areas near the Cities of Chico and Oroville, and
7 proclaimed by the Board of Supervisors under Resolution 18-169, as
8 a local emergency, and also proclaimed by then Acting Governor
9 Gavin Newsom as a state of emergency. CAL FIRE maintains a map
10 showing the final boundaries of the Camp Fire, as of November 25,
11 2018 at 100 percent containment .
12
13 Section 7 . Residential Use of Recreational Vehicles .
14 A. Initial Use of Recreational Vehicles . Residential use and
15 occupancy of up to two recreational vehicles on any lot that
16 permits a residential use outside of the area affected by the
17 Camp Fire shall be allowed for an initial term of 180 days .
18 Use after the initial 180 days shall require compliance with
19 the standards set forth below, a temporary administrative
20 permit, and full hook-ups to water, sewer, and power.
21 B. Temporary Recreational Vehicle Parks . The establishment of
22 temporary recreational vehicle parks without requiring hook-
23 ups to water, sewer and power in commercial zoning districts
24 shall be allowed for 180 days, subject to a temporary
25 administrative permit . Temporary Recreational Vehicle Parks
26 that are served with water, sewer, and power hook-ups may
6
1 continue for the term of this ordinance.
2 C. Standards. After the initial 180-day period, all residential
3 uses of recreational vehicles shall meet the following
4 standards.
5 1 . Recreational vehicles shall have full hook-ups to water,
6 sewer, and power.
7 2 . The property owner or the property owner' s authorized
8 agent shall obtain a temporary administrative permit
9 effective for the term of this ordinance. Written
10 consent of the property owner is required in all cases .
11 3 . The residential use of recreational vehicles is limited
12 to vehicles not on a permanent foundation and used to
13 house displaced persons during the Effective Period set
14 forth in Section 5 above.
15 4 . The residential use of recreational vehicles shall be
16 located outside of required setbacks established in
17 Chapter 24 of the Butte County Code.
18 S . The residential use of recreational vehicles shall be
19 located outside of the boundaries of any recorded
20 easements .
21 6. The recreational vehicle shall be connected to an
22 approved source of water meeting one of the following
23 criteria:
24 a. Public water supply;
25 b. Existing well provided that it has been approved by
26 the Department of Public Health, Environmental
7
1 Health Division as safe for domestic consumption;
2 or,
3 C. Other water source as approved by the Department of
4 Public Health, Environmental Health Division.
5 7 . The recreational vehicle shall be connected to an
6 approved sewage disposal system meeting one of the
7 following criteria:
8 a. Public sewer system;
9 b. Existing on-site sewage disposal system that has
10 been approved by the Department of Public Health,
11 Environmental Health Division to be intact,
12 adequately sized, and functioning following the
13 disaster;
14 C. Temporary holding tank with a contract with a
15 pumping company for regular pumping. A copy of the
16 contract shall be provided to the Department of
17 Public Health, Environmental Health Division; or
18 d. Other method of sewage disposal approved by the
19 Department of Public Health, Environmental Health
20 Division.
21 8 . The recreational vehicle shall be connected to an
22 approved source of electricity meeting one of the
23 following criteria:
24 a. Permitted electrical service hook-up; or
25 b. Other power source approved by the Director.
26
8
1 9. The residential use of recreational vehicles under this
2 ordinance shall not be allowed within the boundaries of
3 the Camp Fire or in an area with health and safety
4 hazards as determined by the Director.
5 Section 8 . Use of accessory residential structures for temporary
6 habitation.
7 For the Effective Period of this ordinance, accessory residential
8 structures, which meet Residential Group R occupancies as
9 established by the California Residential Code adopted by Butte
10 County, may be used as interim housing for persons displaced by
11 the Camp Fire . During this period, said use shall not be subject
12 to the provisions of existing deed restrictions required by Butte
13 County, but shall remain subject to all other existing regulations
14 and limitations .
15
16 Section 9. Use of Accommodations, Farmstays, Bed and Breakfast
17 Inns, Resorts, Retreats, Camps or other similar uses.
18 Notwithstanding any contrary provision in the Butte County Code or
19 any use permit conditions, use of existing promotional or marketing
20 accommodations, farmstays, bed and breakfast inns, resorts,
21 retreats, camps or other similar visitor serving uses shall be
22 allowed as interim housing for persons displaced by the Camp Fire.
23
24 Section 10 . Waiver of County Use Permit Requirement for Relocation
25 of Damaged Child Care and Educational Facilities.
26
9
1 Notwithstanding any contrary provision in the Butte County Code,
2 any existing small or large child day care facility or child care
3 center, elementary school, junior high school, high school or
4 institution of higher education that was housed in premises made
5 uninhabitable by the Camp Fire may be temporarily relocated to
6 existing buildings in the LI (Limited Industrial) , RBP (Research
7 and Business Park) , PD (Planned Development) , PB (Public) , GC
8 (General Commercial) , NC (Neighborhood Commercial) , CC (Community
9 Commercial) , REC (Recreation Commercial) , SE (Sports and
10 Entertainment) , and MU (Mixed-Use) zones, or to any site within an
11 existing religious facility, subject to a temporary administrative
12 permit and any existing applicable standards, and subject to a
13 building permit if any renovations are required. Nothing in this
14 ordinance waives or affects any State law requirements applicable
15 to such facilities .
16
17 Section 11 . CEQA.
18 Adoption of this Ordinance is exempt from the provisions of the
19 California Environmental Quality Act (CEQA) pursuant to Public
20 Resources Code Section 21080 (b) (3) regarding projects to maintain,
21 repair, restore, or replace property or facilities damaged or
22 destroyed as a result of a declared disaster and Section
23 21080 (b) (4 ) regarding actions to mitigate or prevent an emergency,
24 and CEQA Guidelines Section 15269 (a) regarding maintaining,
25 repairing, restoring, demolishing, or replacing property or
26 facilities damaged or destroyed as a result of a disaster stricken
10
I area in which a state of emergency has been proclaimed by the
2 Governor pursuant to the California Emergency Services Act,
3 commencing with Section 8550 of the .Government Code.
4
5
6 Section 12 . Severability.
7 If any provision of this Ordinance or the application thereof to
8 any person or circumstances is for any reason held to be invalid
9 by a court of competent jurisdiction, such provision shall be
10 deemed severable, and the invalidity thereof shall not affect the
11 remaining provisions or other applications of the Ordinance which
12 can be given effect without the invalid provision or application
13 thereof.
14
15 Section 13. Effective Date and Publication.
16 This Ordinance shall be and the same is hereby declared to be in
17 full force and effect immediately upon its passage by a four-
18 fifths (4/5) or greater vote. The Clerk of the Board of
19 Supervisors is authorized and directed to publish this ordinance
20 before the expiration of fifteen (15) days after its passage. This
21 Ordinance shall be published once, with the names of the members
22 of the Board of Supervisors voting for and against it, in the
23 , a newspaper of general circulation
24 published in the County of Butte, State of California. Pursuant to
25 Government Code section 25124 , a complete copy of this ordinance
26 is on file with the Clerk of the Board of Supervisors and is
11
1 available for public inspection and copying during regular
2 business hours in the office of the Clerk of the Board of
3 Supervisors, 25 County Center Drive, Oroville, CA.
4
5 f 1I
6 PASSED AND ADOPTED by .the Board of Supervisors of the County of
7 Butte, State of California, on the 11th day of December, 2,018, by
8 the following vote :
9 AYES : Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert
10 �NOES : None
11 � ABSENT: None
12 NOT VOTING: None
13
14 STEVELM�Vik_.T, Chair
Butte County Board of Supervisors
is
16
17 ATTEST:
18 SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
19
By:
20
Deput
21
22
23
24
25
26
12