HomeMy WebLinkAbout4152 1. Ordinance No. 41.52
2 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE
3 DISASTER RECOVERY URGENCY ORDINANCE FOR TEMPORARY HOUSING WITHIN
4 AREAS AFFECTED BY THE CAMP FIRE: 4/5 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. There is an immediate need for housing to accommodate
6 persons who have been displaced by the Camp Fire. On
7 December 11, 2018, Butte County adopted Ordinance No.
8 4150, an urgency ordinance entitled "Butte County Camp
9 Fire Disaster Recovery Temporary Housing Urgency
10 Ordinance, " which temporarily relaxes some building and
11 zoning regulations to allow for additional housing
12 outside of the Camp Fire affected area for displaced
13 persons . Due to the magnitude of the destruction, there
14 may not be sufficient housing options outside of the
15 Camp Fire affected area . This ordinance sets forth the
16 circumstances under which persons displaced by the Camp
17 Fire may move back onto property with temporary housing
18 that was damaged or destroyed by the Camp Fire once the
19 evacuation orders for the area are lifted.
20 I . It is essential that the changes made by this ordinance,
21 which are related to the use and occupancy of
22 recreational vehicles and other residential structures,
23 be implemented immediately to allow the fastest possible
24 transition of homeless and displaced residents to
25 interim and long-term shelter.
26 J. There exists the potential for widespread toxic
3
I exposures and threats to public health and the
2 environment in the aftermath of a major wildfire
3 disaster, and debris and ash from residential structure
4 fires contains hazardous materials and the harmful
5 health effects of hazardous materials produced by a
6 wildfire are well--documented.
7 K. The combustion of building materials such as siding,
8 roofing tiles and insulation results in dangerous ash
9 that may contain asbestos, heavy metals and other
10 hazardous materials . Household hazardous waste such as
11 paint, gasoline, cleaning products, pesticides,
12 compressed gas cylinders, and chemicals may have been
13 stored in homes, garages, or sheds that may have burned
14 in the fire, also producing hazardous materials .
15 L. Exposure to hazardous materials may lead to acute and
16 chronic health effects and may cause long-term public
17 health and environmental impacts . Uncontrolled hazardous
18 materials and debris pose significant threats to public
19 health through inhalation of dust particles and
20 contamination of drinking water supplies . Improper
21 handling can expose residents and workers to toxic
22 materials, and improper transport and disposal of fare
23 debris can spread hazardous substances throughout the
24 community.
25 M. The Camp Fire has created hazardous waste conditions in
26 Butte County in the form of contaminated debris from
4
1 household hazardous waste/materials and structural
2 debris resulting from the destruction of thousands of
3 structures . This hazardous waste debris poses a
4 substantial present or potential hazard to human health
5 and the environment until the property is certified
6 clean. The accumulated exposure to hazardous waste
7 debris over an extended period of time poses a severe
8 hazard to human health.
9 N. On November 11, 2018, the Butte County Health Officer,
10 Dr. Andy Miller, issued a Hazard Advisory Warning
11 Against Habitation Of Destroyed Property that warned
12 persons about the health hazards associated with fire
13 debris until a property has been cleared of the hazardous
14 materials .
15 O. Although Butte County will allow persons displaced by
16 the Camp Fire to move back onto property with housing
17 that was damaged or destroyed by the Camp Fire once the
18 evacuation orders for the area are lifted because of the
19 shortage of available housing, persons moving back into
20 the Camp Fire affected area do so at their own risk and
21 should be aware of the health hazards. Butte County
22 recognizes that the safest approach is to wait until a
23 property is cleared of fire debris and hazardous
24 materials before moving back and does not encourage any
25 person displaced by the Camp Fire to move back until
26 this clearing has occurred.
5
I Section 2 . Title.
2 This ordinance shall be known and may be cited as the Disaster
3 Recovery Urgency Ordinance for Temporary Housing within Areas
4 Affected by the Camp Fire.
5
6 Section 3 . Purpose.
7 13, 696 homes were destroyed by the Camp Fire in Paradise and
8 surrounding unincorporated areas . This disaster has created a need
9 for housing on a scale that cannot be accommodated through the
10 existing available housing in Butte County. To meet the immediate
11 need for housing, Butte County relaxed some building and zoning
12 regulations in a prior ordinance to allow for additional temporary
13 housing outside of the Camp Fire affected area. However, this
14 additional temporary housing may not be sufficient to meet the
15 large and immediate need. This ordinance relaxes some building and
16 zoning regulations to allow for additional temporary housing
17 inside of the Camp Fire affected area. Because of the great need,
18 the ordinance allows habitation inside of the Camp Fire affected
19 area before properties are cleared of fire debris and hazardous
20 materials . Persons moving back to the area do so at their own risk
21 and should make themselves aware of the health hazards of doing
22 so. The ordinance allows persons to move onto a property that is
23 one (1) acre in size or greater and that contains a residence that
24 was damaged or destroyed by the Camp Fire. If the property has not
25 been cleared of fire debris and hazardous materials, the location
26 of any temporary residence must be at least one hundred (100) feet
6
1 from the fire debris and hazardous materials and the temporary
2 residence need not be hooked up to utilities . Once the property
3 has been cleared of fire debris and hazardous materials, the
4 temporary residence must be hooked up to utilities within ninety
5 ( 90) days . The purpose of this ordinance is to develop reasonable
6 standards that allow persons to move back into the Camp Fire
7 affected area while a massive debris removal program is implemented
8 and, at the same time, provide interim shelter for Butte County
9 residents on private property during this housing crisis .
10
11 Section 4 . Administration.
12 This ordinance shall be administered under the direction of the
13 Board of Supervisors, by and through the Director and other
14 departments specified herein.
15
16 Section 5 . Effective Period.
17 A. The provisions in this ordinance shall remain in effect
18 until December 31, 2020, unless otherwise specified
19 herein, subject to extension or modification by the
20 Board of Supervisors . Unless extended or modified by
21 the Board of Supervisors, this ordinance shall expire on
22 December 31, 2020, and be of no further force or effect .
23 B. Except as otherwise provided herein, no residential
24 recreational vehicle use or interim housing authorized
25 pursuant to this ordinance shall be used for permanent
26 housing after the expiration date of this ordinance.
7
1
2' Section 6. Definitions .
3 Except where the context clearly indicates otherwise, the
4 following definitions shall govern the construction of the words
5 and phrases used in the ordinance:
6 Camp Fire. A 153, 336-acre wildfire that started near the community
7 of Pulga on November 8, 2018, destroying over 18, 000 structures,
8 which forced the evacuation of the Town of Paradise, Berry Creek,
9 Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
10 Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
11 Hill, and other areas near the Cities of Chico and Oroville, and
12 proclaimed by the Board of Supervisors under Resolution 18-169, as
13 a local emergency, and also proclaimed by then Acting Governor
14 Gavin Newsom as a state of emergency. CAL FIRE maintains a map
15 showing the final boundaries of the Camp Fire and the Camp Fire
16 affected area, as of November 25, 2018 at 100 percent containment.
17 Cargo Storage Container. A single metal box made of steel or other
18 similar material, which is designed for securing and protecting
19 items for temporary storage, not exceeding three hundred twenty
20 (320) square feet in size, without utilities, and not used for
21 human habitation.
22 Director. The Director of the Department of Development Services
23 or his or her authorized representative .
24 Displaced Person (s) . A county resident or residents whose
25 residential dwelling has been destroyed or damaged by the Camp
26 Fire, such that the resident (s) cannot occupy the dwelling.
8
I Displaced person (s) may be required to provide verification to the
2 county to substantiate their eligibility for uses, permits and/or
3 approvals described in this ordinance. Evidence may consist of
4 verification by Federal Emergency Management Agency (FEMA)
5 registration or damage assessment, and/or a driver' s license or
6 other government-issued identification card or utility ball, etc.
7 with a physical address showing the resident resided on a property
8 impacted by the Camp Fire, as determined by the county. Such
9 determination may be made by the Director or other county
10 personnel .
11 Effective Date. The date of the Board of Supervisors adoption of
12 this ordinance.
13 Fire Debris and Hazardous Materials. Debris, ash, metals, and
14 completely or partially incinerated substances from structures
15 that are located on properties that qualify under the CalOES Debris
16 Removal Program.
17 Movable Tiny House. For the purposes of this title, a movable tiny
18 house is a structure utilized as living quarters by one household
19 that is licensed by and registered with the California Department
20 of Motor Vehicles, meets the American National Standards Institute
21 (ANSI) 119. 5 or ANSI 119 . 2 (NFPA 1192) requirements and is
22 certified by a qualified third party inspector for ANSI compliance,
23 cannot move under its own power, is not longer than allowed by
24 State law for movement on public highways, has a total floor area
25 of not less than 150 square feet, and has no more than 430 square
26 feet of habitable living space .
9
I Recreational Vehicle. A motor home, travel trailer, truck camper
2 or camping trailer that is : (1) self-contained with potable water
3 and sewage tanks and designed for human habitation for recreational
4 or emergency occupancy; (2) self-propelled, truck-mounted, or
5 permanently towable on California roadways; and (3) a California
6 Department of Motor Vehicles licensed vehicle, or a similar vehicle
7 or structure as determined by the Director.
8 Recreational Vehicle Park. A commercial use providing space for
9 the accommodation of more than two recreational vehicles for
10 recreational or emergency housing, or for transient employee
11 lodging purposes .
12 Temporary Dwelling. For purposes of this title, a temporary
13 dwelling includes a recreational vehicle or a movable tiny house.
14
15 Section 7 . Initial use of temporary dwellings on properties that
16 contain a damaged or destroyed residence.
17 From the effective date of this ordinance until 90 days after the
18 date a property is certified as being cleared of fire debris and
19 hazardous materials by the Department of Public Health,
20 Environmental Health Division, up to two temporary dwellings may
21 be placed on a property that contains a residence that was damaged
22 or destroyed in the Camp Fire provided that the temporary dwellings
23 are located at least one hundred (100) feet from any fire debris
24 or hazardous materials and subject to the applicable requirements
25 set forth under Section 10, Standards .
26
10
I Section 8 . Temporary dwellings with utility hook-ups .
2 The use of temporary dwellings utilizing hook-ups for water, sewage
3 disposal, and/or electricity on a property that contains a
4 residence that was damaged or destroyed in the Camp Fire during
5 the term of this ordinance shall be allowed for use by persons
6 displaced by the Camp Fire, subject to a temporary administrative
7 permit, and subject to the applicable requirements set forth in
8 Section 10, Standards .
9
10 Section 9. Use of Cargo Storage Containers .
11 The use of cargo storage containers during the term of this
12 ordinance shall be allowed, subject to the applicable requirements
13 set forth under Section 10, Standards .
14
15 Section 10 . Standards .
16 All residential use of temporary dwellings and storage use of cargo
17 storage containers shall meet the following standards .
18 A. Minimum Parcel Size. Before a property has been cleared
19 of fire debris and hazardous materials, the minimum
20 parcel size for eligibility to locate a temporary
21 dwelling on a property that contains a residence that
22 was damaged or destroyed in the Camp Fire is one (1)
23 acre . An exception request for property that is less
24 than one (1) acre or setback to debris that is less than
25 100 feet may be made to the director if it can be
26 demonstrated that an adequate exclusion zone can be
11
1 maintained to protect public safety from any fire debris
2 or hazardous materials at all times . During the Phase II
3 clean-up, the exclusion zone set by government-sponsored
4 debris clean-up activities may require additional
5 distances exceeding 100 feet to ensure safety.
6
7 B. Before a property has been cleared of fire debris and
8 hazardous materials, eligibility under this ordinance is
9 limited to those properties for which there is a signed
10 and submitted Right of Entry Agreement for the CalOES
11 Debris Removal Program or an approved Alternative Debris
12 Removal Program Plan.
13 C. Before a property has been cleared of fire debris and
14 hazardous materials, temporary dwellings may be located
15 within a required setback established in Chapter 24,
16 Zoning, other than riparian setbacks, provided that
17 placement will allow for debris removal and
18 reconstruction of the site and there is no other
19 available location outside of the setback area.
20 D. At all times, the property owner or the property owner' s
21 authorized agent shall obtain all county permits for all
22 temporary dwellings that are hooked-up to utilities.
23 Written consent of the property owner is required in all
24 cases .
25 E. At all times, residential use of temporary dwellings is
26 limited to recreational vehicles and movable tiny houses
12
1 not on a permanent foundation and used to house persons
2 displaced by the Camp Fire during the effective period
3 of this ordinance.
4 F. At all times, use of temporary dwellings on fire-
5 affected sites shall be permitted only on a property on
6 which a residence was damaged or destroyed in the Camp
7 Fire. Proof of a damaged or destroyed residence shall
8 be verified by the Director based on prior final building
9 permit or assessor' s records, or other documentation
10 satisfactory to the Director.
11 G. At all times, temporary dwellings and cargo storage
12 containers shall be located outside the boundaries of
13 any recorded easements, roads, driveways, designated
14 flood hazard locations, or areas prone to landslide or
15 debris flow. Both temporary dwellings and cargo storage
16 containers shall be located at least one hundred (100)
17 feet from any fire debris or hazardous materials.
18 H. At all times, use of a cargo storage container shall be
19 for storage of personal and household belongings only.
20 I . For water hook-ups, the temporary dwelling shall be
21 connected to an approved source of water meeting one of
22 the following criteria :
23 1 . Public water supply;
24 2 . Existing well provided that it has been approved by
25 the Department of Public Health, Environmental
26
13
1 Health Division as safe for domestic consumption;
2 or
3 3. Other water source approved by the Department of
4 Public Health, Environmental Health Division.
5 J. For sewage disposal hook-ups, the temporary dwelling
6 shall be connected to an approved sewage disposal system
7 meeting one of the following criteria:
8 1 . Public sewer system;
9 2 . A new or existing on-site sewage disposal system
10 that has been approved by the Department of Public
11 Health, Environmental Health Director to be intact,
12 adequately sized, and functioning correctly;
13 3 . Temporary holding tank with a contract with a
14 pumping company for regular pumping. A copy of the
15 contract shall be provided to the Department of
16 Public Health, Environmental Health Division; or
17 4 . Other method of sewage disposal approved by the
18 Department of Public Health, Environmental Health
19 Division.
20 K. For electricity hook-ups, the temporary dwelling shall
21 be connected to an approved source of electricity
22 meeting one of the following criteria:
23 1 . Permitted electrical service hook-up; or
24 2 . Other power source approved by the Director.
25
26
14
1 Section 11 . Temporary Recreational Vehicle Parks .
2 The establishment of temporary recreational vehicle parks without
3 requiring hookups to water, sewage disposal, and electricity in
4 commercial zoning districts shall be allowed for 180 days or until
5 90 days after the date a property is certified as being cleared of
6 fire debris and hazardous materials by the Department of Public
7 Health, Environmental Health Division, whichever is longer,
8 subject to a temporary administrative permit . Temporary
9 Recreational Vehicle Parks that are served with water, sewage
10 disposal, and electricity hook-ups may continue for the term of
11 this ordinance . Temporary Recreational Vehicle Parks are subject
12 to the applicable requirements set forth under Section 10,
13 Standards, as well as the following standards :
14 A. Minimum Parcel Size. Before a property has been cleared
15 of fire debris and hazardous materials, the minimum
16 parcel size for eligibility to locate a Temporary
17 Recreational Vehicle Park on a commercially zoned
18 property is two (2) acres, provided that an exclusion
19 zone of one hundred (100) feet or greater to any fire
20 debris or hazardous materials can be maintained at all
21 times. During the Phase II clean-up, the exclusion zone
22 set by government-sponsored debris clean-up activities
23 may require additional distances exceeding 100 feet to
24 ensure safety.
25 B. All areas occupied by recreational vehicles and access
26 aisles, driveways, and roads shall have an all-weather
15
1 surface capable of supporting a 40, 000 lb. load that
2 will allow for ingress and egress of fire apparatus to
3 within 150 feet of all units and a vertical clearance of
4 no less than 15 feet .
5 C. Driveways and aisles shall have a minimum width of 20
6 feet .
7 D. Obtain a County Encroachment permit for all new and
8 existing driveway approaches to publicly maintained
9 roads as specified in the County Improvement Standards.
10 E. The temporary administrative permit may be subject to
11 additional requirements from Butte County Fire, Butte
12 County Public Works, and the State Regional Water
13 Quality Control Board.
14
15 Section 12 . Removal and disconnection.
16 Every temporary dwelling allowed by this ordinance shall be
17 disconnected from water, sewage disposal, and/or electricity hook-
18 ups and removed from the property on which it is located no later
19 than the expiration date of this ordinance or within 30 days of
20 issuance of the certificate of occupancy for a replacement
21 dwelling, whichever is earliest .
22
23 Section 13 . CEQA.
24 Adoption of this Ordinance is exempt from the provisions of the
25 California Environmental Quality Act (CEQA) pursuant to Public
26 Resources Code Section 21080 (b) (3) regarding projects to maintain,
16
I repair, restore, or replace property or facilities damaged or
2 destroyed as a result of a declared disaster and Section
3 21080 (b) (4) regarding actions to mitigate or prevent an emergency,
4 and CEQA Guidelines Section 15269 (a) regarding maintaining,
5 repairing, restoring, demolishing, or replacing property or
6 facilities damaged or destroyed as a result of a disaster stricken
7 area in which a state of emergency has been proclaimed by the
8 Governor pursuant to the California Emergency Services Act,
9 commencing with Section 8550 of the Government Code.
10
11 Section 14. Severability.
12 If any provision of this Ordinance or the application thereof to
13 any person or circumstances is for any reason held to be invalid
14 by a court of competent jurisdiction, such provision shall. be
15 deemed severable, and the invalidity thereof shall not affect the
16 remaining provisions or other applications of the Ordinance which
17 can be given effect without the invalid provision or application
18 thereof.
19
20 Section 15. Effective Date and Publication.
21 This Ordinance shall be and the same is hereby declared to be in
22 full force and effect immediately upon its passage by a four-
23 fifths (4/5) or greater vote. The Clerk of the Board of
24 Supervisors is authorized and directed to publish this ordinance
25 before the expiration of fifteen (15) days after its passage. This
26 Ordinance shall be published once, with the names of the members
17
I of the Board of Supervisors voting for and against it, in
2 a newspaper of general circulation published in the County of
3 Butte, State of California . Pursuant to Government Code section
4 25124, a complete copy of this ordinance is on file with the Clerk
5 of the Board of Supervisors and is available for public inspection
6 and copying during regular business hours in the office of the
7 Clerk of the Board of Supervisors, 25 County Center Drive,
8 Oroville, CA.
9
10 PASSED AND ADOPTED by the Board of Supervisors of the County of
11 Butte, State of California, on the 21st day of December 2018 by the
12 following vote:
13 AYES : Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert
14 NOES :
15 ABSENT:
16 NOT VOTING:
Ibq
17 T44
STEVE LAMBEIX Chair
18 Butte County Board of Supervisors
19
20 ATTEST:
21
22 S MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
23
24 By: 2�
25 Dept)
26
18