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Ordinance No. 4160
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE III,
ENTITLED "EMERGENCY INTERIM HOUSING OUTSIDE THE CAMP FIRE AREA,"
AND ARTICLE IV, ENTITLED "EMERGENCY INTERIM HOUSING INSIDE THE
CAMP FIRE AREA," OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER
RECOVERY ORDINANCE."
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Emergency Findings.
This Urgency Ordinance is adopted pursuant to California
Government Code Sections 25123(d) and 25131 and shall take effect
immediately upon its approval by at least a four-fifths vote of
the Board of Supervisors. The Board, in consultation with the Local
Health Officer, finds that this Ordinance is necessary for the
immediate preservation of the public peace, health and safety,
based upon the following facts:
A. Conditions of extreme peril to the safety of persons and
property within the County were caused by the Camp Fire,
commencing on the 8th day of November, 2018, at which time
the Board of Supervisors was not in session.
B. California Government Code Section 8630 empowers the County
Administrator to proclaim the existence of a local emergency
when the county is affected or likely to be affected by a
public calamity, subject to ratification by the Board of
Supervisors at the earliest practicable time.
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On November 8, 2018, the County Administrator of the County
of Butte proclaimed the existence of a local emergency within
Butte County due to the Camp Fire.
On November 8, 2018, the Acting Governor of the State of
California proclaimed a State of Emergency for Butte County
pursuant to the California Emergency Services Act, commencing 1,
with Section 8550 of the Government Code, and on November 14,
2018, the Governor issued Executive Order B-57-18 concerning
the Camp Fire.
On November 9, 2018, the Camp Fire was still burning through
the County and despite firefighters' best efforts, the
wildfire was not contained. Evacuation orders were in place
and numerous severe public health and safety hazards were
present in the Camp Fire area, including many blocked roads
from fallen power lines, burned trees and vehicles, numerous
burned vehicles were left throughout the Camp Fire area due
to survivors fleeing their vehicles in efforts to survive the
wildfire, no available utilities, no available public
services and the presence of human remains and animal
carcasses. At the time, the County estimated that 2,000
structures had burned in the Camp Fire.
On November 9, 2018, Dr. Andrew Miller, Butte County's Local
Health Officer, issued a Declaration of Health Emergency
pursuant to California Health and Safety Code section 101080.
Dr. Miller's declaration stated that the local health
emergency was a consequence of the debris resulting from the
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Camp Fire that contains hazardous material in the ash of the
burned qualifying structures. The purpose of the Declaration
was to address the immediate threat to the public health and
the imminent and proximate threat of the introduction of
contagious, infectious or communicable disease, chemical
agents, non -communicable biologic agents, toxins and/or
radioactive agents present at the time in the Camp Fire area.
The threats
included
(1) the enormous amount
of
fire
debris
present in
the Camp
Fire area,
including
ash
and
debris
containing hazardous materials and probable radioactive
materials present in ash and debris from qualifying
structures, (2) the threat of infectious or communicable
disease and/or non -communicable biologic agents due to animal
carcasses, radioactive waste and perishable foods, (3) the
potential contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (4) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures.
On November 12, 2018, the President of the United States
declared the existence of a major disaster in the State of
California, providing assistance from many federal agencies,
including the Federal Emergency Management Agency (FEMA).
On November 1.3, 2018, the Board of Supervisors adopted
Resolution No. 18-1.69 ratifying the County Administrator's
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proclamation of the existence of a local emergency in Butte
County. The resolution also requested that the State of
California waive regulations that may hinder response and
recovery efforts, as well as make available assistance under
the California Disaster Assistance Act or any other state
funding, and that the Federal Government expedite access to
federal resources and any other appropriate federal disaster
relief program.
On November 13, 2018, the Board of Supervisors ratified Dr.
Miller's Declaration of Health Emergency.
On November 21, 2018, the status of the Camp Fire area was as
follows: firefighters had contained the Camp Fire; the
Sheriff had lifted some evacuation orders; work crews had
removed fallen power lines, burned vehicles and trees
blocking the roads; utilities including electric power, gas
and non -potable water had become available; no local
businesses were open to serve the public; and no public
services were available. Further, preliminary actions had
been taken to mitigate the risk from animal carcasses,
radioactive waste and perishable foods in the Camp Fire area,
however, concerns regarding the threats remained. The public
health hazards present in the Camp Fire area included (1) the
public health hazards from the enormous amount of fire
debris, (2) the public health hazard from the hazardous
materials and probable radioactive materials present in the
ash and debris from destroyed qualifying structures, (3) the
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threat of infectious or communicable disease and/or non -I
communicable biologic agent due to the presence of animal
carcasses, perishable foods and radioactive waste and (4) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures. At the time, the County estimated that the Camp
Fire had destroyed 18,000 structures.
On November 21, 2018, Dr. Miller issued a Hazard Advisory)
strongly suggesting residents should not reside on property
with qualifying structures damaged or destroyed by the Camp'
Fire until the property had been cleared of hazardous waste,
ash and debris and certified clean by the Department of Public
Health, Environmental Health Division. When the evacuation
orders were lifted, the Department of Public Health provided
residents who chose to visit their property to collect
valuables with re-entry packets to improve their safety
during the visit. The re-entry packets included personal
protective equipment and information on the dangerous
conditions and toxic materials present in the Camp Fire area.
The re-entry packets were intended to improve public safety
from the public health hazards encountered during the visit,
but was not intended to encourage long-term habitation. The
purpose of the Hazard Advisory was to address the public
health hazards present at the time in the Camp Fire area,
including (1) the enormous amount of fire debris present in
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the Camp Fire area, (2) the hazardous materials and probable
radioactive materials present in ash and debris from
qualifying structures, (3) the lessened but still present
threat of infectious or communicable disease and/or non-
communicable biologic agents due to animal carcasses,
radioactive waste and perishable foods, (4) the potential
contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (5) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures.
L. The Camp Fire to date has consumed 153,336 acres and has led
to the destruction of 13,696 residences, damage to 462
residences, the destruction of 276 multiple family
residences, the destruction of 528 commercial buildings,
damage to 102 commercial buildings, the destruction of 4,293
other minor structures, and resulted in the evacuation of
over 50,000 people. As a result, the Camp Fire has created an
enormous amount of debris.
M. There exists the potential for widespread toxic exposures and
threats to public health and the environment in the aftermath
of a major wildfire disaster, and debris and ash from
residential and commercial structure fires contain hazardous
materials and the harmful health effects of hazardous
materials produced by a wildfire are well-documented.
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The combustion of building materials such as siding, roofing
tiles, and insulation results in dangerous ash that may
contain asbestos, heavy metals and other hazardous materials.
Household hazardous waste such as paint, gasoline, cleaning
products, pesticides, compressed gas cylinders, and chemicals
may have been stored in homes, garages, or sheds that may
have burned in the fire, also producing hazardous materials.
Exposure to hazardous materials may lead to acute and chronic)
health effects and may cause long-term public health and
environmental impacts. Uncontrolled hazardous materials and
debris pose significant threats to public health through
inhalation of dust particles and contamination of drinking
water supplies. Improper handling can expose residents and
workers to toxic materials, and improper transport and
disposal of fire debris can spread hazardous substances'
throughout the community.
Standards and removal procedures are needed immediately to
protect the public health and environment, and to facilitate
coordinated and effective mitigation of the risks to the
public health and environment from the health hazards
generated by the Camp Fire disaster.
The Camp Fire has created hazardous waste conditions in Butte
County in the form of contaminated debris from household
hazardous waste/materials and structural debris resulting
from the destruction of thousands of structures. This
hazardous waste debris poses a substantial present or
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potential hazard to human health and the environment until
the property is certified clean. The accumulated exposure to
hazardous waste debris over an extended period of time poses
a severe hazard to human health.
R. The Board of Supervisors previously approved urgency
ordinances and/or related resolutions relating to the Camp
Fire disaster recovery on December 11, 2018, December 21,
2018, January 8, 2019, January 29, 2019, February 4, 2019,
February 12, 2019, and February 24, 2019. The actions
addressed the need for the regulation of debris removal to
alleviate the public health, safety and welfare concerns
associated with the ash and debris of qualifying structures
and temporary emergency housing options.
S. As of February 4, 2019, the status of the Camp Fire disaster
recovery is as follows: (1) Phase I cleanup by the U.S.
Environmental Protection Agency and the California Department
of Toxic Substances Control is complete, which has reduced
the public health concerns relating to the most hazardous
materials present in the Camp Fire area, (2) Phase II of the
cleanup pursuant to the Government (CalOES) Program and the
Alternative Program has commenced, (3) utilities are
available (except for potable water), (4) numerous businesses
have opened to serve the public, (5) public services are
available, including a FEMA and CalOES jointly -operated
Disaster Recovery Center in Paradise, California. Current
threats include (1) the enormous amount of fire debris present
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in the Camp Fire area, (2) hazardous materials and probable
radioactive materials present in ash and debris from l'
qualifying structures, (2) the potential pollution of the
drinking water downstream from the Camp Fire area if weather
conditions caused the spread of the hazardous materials in
the ash and debris of burned qualifying structures. The
purpose of this ordinance is to allow residents to live on
properties in the Camp Fare area that do not contain fire ash
and debris from a qualifying structure destroyed or damaged
by the Camp Fire.
T. The Debris Removal Operations Plan for the Camp Fire prepared
by the CalOES/CalRecycle Incident Management Team provides
that the DTSC has issued reports regarding the assessment of
burn debris from wildfires in the past. The studies of burned
residential homes and structures from large scale wildland
fires indicated that the resulting ash and debris can contain
asbestos and toxic concentrated amounts of heavy metals such
as antimony, arsenic, cadmium, copper, lead, and zinc.
Additionally, the ash and debris may contain higher
concentrations of lead if the home was built prior to 1978
when lead was banned from household paint in the United
States. The reports indicated that the residual ash of burned
residential homes and structures has high concentrations of
heavy metals that can be toxic and can have significant impact
to individual properties, local communities, and watersheds
if the ash and debris is not removed safely and promptly. The
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plan also indicates that the purpose of the structural debris
removal program is to remove debris that poses a risk to
health and/or the environment. Debris from structures smaller
than 120 square feet are not included in the program.
The Local Health Officer, Dr. Miller, has indicated the
following; (1) the Phase II cleanup of the properties
containing ash and debris from a qualifying structure
mitigates the public health hazards of the Camp Fire; (2)
failing to clean properties containing ash and debris from a
qualifying structure can have severely negative long-term
consequences to the public health and environment; (3)
therefore, the County's focus must be on accomplishment of
the Phase II cleanup to address the public health hazards;
(4) the standard for determining when a property is clean
from ash and debris from a qualifying structure is when the
Phase II cleanup work is complete and the property is
certified clean by the Department of Public Health,
Environmental Health Division; (5) as ash and debris of
qualifying structures is the focus of the Phase II cleanup
work, the significance of the public health risks is higher
on properties with ash and debris from a qualifying structure;
(6) given the progress the Camp Fire disaster recovery has
made with respect to the hazards identified in the findings
above, the remaining significant public health hazard is the
ash and debris from qualifying structures; (7) based on the
foregoing, properties that contain ash and debris from
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qualifying structures constitute a significant public health
risk and therefore, those properties should be ineligible for
temporary emergency housing until Phase II cleanup work is
completed on the property and is certified clean by the
Department of Public Health, Environmental Health Division;
and (8) properties that do not contain ash and debris from a
qualifying structure do not pose a significant public health
risk and should be eligible for temporary emergency housing.
There is an immediate need for housing to accommodate persons
who have been displaced by the Camp Fire. This Chapter
temporarily relaxes some building and zoning regulations to,
allow for additional housing both inside and outside of the
Camp Fire affected area for displaced persons. Due to the
magnitude of the destruction, there is a need to provide for
sufficient housing options both inside and outside of the
Camp Fire affected area.
It is essential that this Ordinance become immediately
effective (1) to mitigate the harm that could be caused to
the public health and safety and to the environment from the
improper disturbance, removal and/or disposal of debris
containing hazardous materials, and to facilitate the orderly
response to the Camp Fire disaster; and (2) to allow the
fastest possible transition of homeless and displaced
residents to interim and long-term shelter.
ISection 2. Section 5333 is amended to read as follows:
ISection 5333. Definitions.
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Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
Approved Mining Site. The portion of a parcel or parcels of land
with a valid mining permit, reclamation plan and financial
assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
Basecamp. A site that includes some or all of the following
features: equipment staging/storage; employee housing; commissary;
laundry; and other services for the purpose of providing workforce
housing for Camp Fire Recovery efforts or shelter of displaced
(persons.
Cal OES.
The Governor's Office of Emergency Services.
Camp Fire. A 153,336 -acre wildfire that started near the community
of Pulga on November 8, 2018, destroying over 18,000 structures,
which forced the evacuation of the Town of Paradise, Berry Creek,
Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
Hill, and other areas near the Cities of Chico and Oroville, and
proclaimed by the Board of Supervisors under Resolution 18-169, as
a local emergency, and also proclaimed by then Acting Governor
Gavin Newsom as a state of emergency. CAL FIRE maintains a map
showing the final boundaries of the Camp Fire, as of November 25,
2018 at 100 percent containment.
Director. The Director of the Department of Development Services
or his or her authorized representative.
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Displaced Person(s). A county resident or residents whose
residential dwelling has been destroyed or damaged by the Camp
Fire, such that the resident(s) cannot occupy the dwelling.
Displaced person(s) may be required to provide verification to the
county to substantiate their eligibility for uses, permits and/or
approvals described in this article. Evidence may consist of
verification by Federal Emergency Management Agency (FEMA)
registration or damage assessment, and/or a driver's license or
other government -issued identification card or utility bill, etc.
with a physical address showing the resident resided on a legal
parcel impacted by the Camp Fire, as determined by the county.
Such determination may be made by the Director or other county
personnel.
Effective Date. The date of the Board of Supervisors adoption of
this article.
FEMA. The Federal Emergency Management Agency or successor agency.
Mobile/manufactured home: A housing structure transportable in one
(1) or more sections, designed and equipped to be used with or
without a foundation system, certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. section 5401 et seq.). The County shall not grant a
permit for the installation of a mobile/manufactured home if such
mobile/manufactured home is older than ten (10) years of age. The
age measurement period shall be from the year of manufacture of
the home to the year of the permit application. Mobile/manufactured
home does not include recreational vehicle, park trailer, or
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(commercial modular as defined in Division 13, Part 2, Chapter 1,
lof the Health and Safety Code.
Movable Tiny House. A movable tiny house is a structure utilized
as living quarters by one household that is licensed by and
registered with the California Department of Motor Vehicles, meets
the American National Standards Institute (ANSI) 119.5 or ANSI
119.2 (NFPA 1192) requirements and is certified by a qualified
third party inspector for ANSI compliance, cannot move under its
own power, is not longer than allowed by State law for movement on
public highways, has a total floor area of not less than 150 square
feet, and has no more than 430 square feet of habitable living
space.
Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: (1) self-contained with potable water
and sewage tanks and designed for human habitation for recreational
or emergency occupancy; (2) self-propelled, truck -mounted, or
permanently towable on California roadways; and (3) a California
Department of Motor Vehicles licensed vehicle, or a similar vehicle
or structure as determined by the Director.
Recreational Vehicle Park. A commercial use providing space for
the accommodation of more than two recreational vehicles for
recreational or emergency housing for displaced persons, or for
transient employee lodging and/or basecamp purposes.
Temporary Dwelling. A temporary dwelling that meets the water,
sewage disposal, and electricity hook-up standards and includes a
recreational vehicle, mobile/manufactured home, or movable tiny
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Ihouse.
Temporary Truck and Equipment Staging and Laydown Yard. An
approved area used for the storage of unladen trucks and equipment
utilized to remove and haul away fire debris and hazardous
materials, and the storage of materials used to facilitate the
removal and hauling away of fire debris and hazardous materials,
as part of the Butte County Camp Fire Consolidated Debris Removal
Program. No fire debris or hazardous materials may be brought onto
or stored on the yard. Truck and Equipment Staging and Laydown
Yards may include associated truck and equipment repair,
construction trailers, employee parking and portable bathroom
facilities set up for use by the personnel assigned to the yard,
but not residences other than for a temporary caretaker quarters.
Transitory Period. The period of time after the Camp Fire event
during which recreational vehicles do not need to meet the water,
sewage disposal, and electricity hook-up standards. The transitory
period ends on July 29, 2019.
Section 3. Section 53-34 is amended to read as follows:
Section 53-34. Residential Use of Recreational Vehicles and
Temporary Dwellings.
A. FEMA Temporary Housing Sites. Federal Emergency Management
Agency (FEMA) temporary housing sites authorized under
contract to FEMA are an allowed use in the MDR (Medium Density
Residential), MHDR (Medium High Density Residential), HDR
(High Density Residential), RBP (Research and Business Park),
PD (Planned Development), P (Public), and Commercial and
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Industrial zones; and, in AG (Agriculture) zones when an
approved residential specific plan exists, and when said
specific plan is identified under the Butte County General
Plan, or in AG (Agriculture) zones located inside a city's
approved Sphere of Influence that are classified as grazing
or other lands as defined by the State Farmland Mapping and
Monitoring Program and having a combined parcel size greater
than 20 acres and subject to all additional requirements,
such as the 300 foot agricultural buffer, flood zones, and
airport land use compatibility zones. Each FEMA temporary
housing site authorized under this article shall have been
reviewed through the housing identification process and
approved by the Director.
Transitory Use of Recreational Vehicles. Residential use and
occupancy of up to two (2) recreational vehicles without
water, sewage disposal, or electricity hook-ups on any lot
that permits a residential use outside of the area affected
by the Camp Fire shall be allowed for the transitory period.
Use after the transitory period shall be subject to a
temporary administrative permit, full hook-ups to water,
sewage disposal, and electricity, and subject to the
applicable standards set forth in Subsection E, Standards.
Temporary Dwellings with Utility Hook-ups. Residential use
and occupancy of up to two (2) temporary dwellings utilizing
hook-ups for water, sewage disposal, and electricity shall be
allowed during the Effective Period of this article subject
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to a temporary administrative permit, and subject to the
applicable requirements set forth in Subsection E, Standards.'',
Temporary Recreational Vehicle Parks. The establishment of
temporary recreational vehicle parks without requiring hook-
ups to water, sewage disposal, and electricity in Commercial,
Industrial, FR (Foothill Residential), RR (Rural
Residential), PD (Planned Development), P (Public), and RBP
(Research and Business Park) zoning districts, and in parking
lots of religious and community facilities, and in AG
(Agriculture) zones when an approved residential specific
plan exists, and when said specific plan is identified under
the Butte County General Plan, or in AG (Agriculture) zones
located inside a city's approved Sphere of Influence that are
classified as grazing or other lands as defined by the State
Farmland Mapping and Monitoring Program and having a combined
parcel size greater than 20 acres and subject to all
additional requirements, such as the 300 foot agricultural
buffer, flood zones, and airport land use compatibility zones
shall be allowed for the transitory period. Temporary
Recreational Vehicle Parks that are served with water, sewage
disposal, and electricity hook-ups may continue for the
Effective Period of this article. Basecamp features may be
located in the same zones as Temporary Recreational Vehicle
Parks, except for the FR (Foothill Residential) and RR (Rural
Residential) zones. Temporary Recreational Vehicle Parks and
basecamp features are subject to a temporary administrative
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permit and subject to the applicable requirements set forth
under Subsection E, Standards.
E. Standards. After the transitory period, all residential uses
of recreational vehicles shall meet the following standards.
Use of temporary dwellings shall at all times meet the
following standards.
1. Recreational vehicles and temporary dwellings shall have
full hook-ups to water, sewage disposal, and
electricity.
2. The property owner or the property owner's authorized'
agent shall obtain a temporary administrative permit for
the Effective Period of this article. Written consent
of the property owner is required in all cases.
3. Use of temporary dwellings is contingent on proof of a
damaged or destroyed residence as verified by the
Director based on prior final building permit or
Assessor's records, or other documentation satisfactory
to the Director.
4. The residential use of recreational vehicles and
temporary dwellings is limited to vehicles and dwellings
not on a permanent foundation and used to house displaced
persons during the Effective Period set forth in Section
53-32 above.
5. The residential use of recreational vehicles and
temporary dwellings shall be located outside of required
setbacks established in Chapter 24 of the Butte County
M.
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Code.
6. The residential use of recreational vehicles and
temporary dwellings shall be located outside of the
boundaries of any recorded easements.
7. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved source of
water meeting one of the following criteria:
a. Public water supply;
b. Existing well provided that it has been approved by
the Department of Public Health, Environmental
Health Division as safe for domestic consumption;
or,
C. Other water source as approved by the Department of
Public Health, Environmental Health Division.
8. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved sewage
disposal system meeting one of the following criteria:
a. Public sewer system;
b. Existing on --site sewage disposal system that has
been approved by the Department of Public Health,
Environmental Health Division to be intact,
adequately sized, and functioning following the
disaster;
C. Temporary holding tank with a contract with a
pumping company for regular pumping. A copy of the
contract shall be provided to the Department of
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Public Health, Environmental Health Division; or
d. Other method of sewage disposal approved by the
Department of Public Health, Environmental Health
Division.
9. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved source of
electricity meeting one of the following criteria:
a. Permitted electrical service hook-up; or
b. Other power source approved by the Director.
10. The following additional standards apply to Temporary
Recreational Vehicle Parks and basecamp features:
a. Except for AG (Agriculture) zoned parcels which shall
be a minimum total of twenty (20) acres, parcels shall
be a minimum of two (2) acres in size.
b. All areas occupied by recreational vehicles and/or
basecamp features and access aisles, driveways, and
roads shall have an all-weather surface capable of
supporting a 40,000 1b. load that will allow for
ingress and egress of fire apparatus to within 150
feet of all units and a vertical clearance of no less
than 15 feet.
c. Driveways and aisles shall have a minimum width of 25
feet.
d. A County Encroachment permit must be obtained for all
new and existing driveway approaches to publicly
maintained roads as specified in the County
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Improvement Standards.
e. The temporary administrative permit may be subject to
additional requirements from Butte County Fire, Butte
County Public Works, the State Housing and Community
Development Department, and the State Regional Water
Quality Control Board.
11. The following additional standards apply to Temporary
Recreational Vehicle Parks and basecamp features in the
FR (Foothill Residential) and RR (Rural Residential)
zones.
a. Basecamps are not permitted.
b. Parcels shall be a minimum of five (5) acres in size.
c. No more than two (2) recreational vehicles shall be
allowed per acre.
d. There shall be a 25 -foot setback from all property
lines for all recreational vehicles and related
improvements.
e. Quiet hours shall be maintained from 10 pm to 7 am,
during which generators shall not be operated and
noise levels shall conform to Butte County Code
Chapter 41 A, Noise Control.
f. All outdoor lighting shall be located, adequately
shielded, and directed such that no direct light falls
outside the property line, or into the public right-
of-way in accordance with the Butte County Zoning
Ordinance, Article 14, Outdoor Lighting.
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g. One (1) on-site parking space shall be provided per
recreational vehicle.
12. Each temporary administrative permit application for a
Temporary Recreational Vehicle Park and basecamp
feature shall be accompanied by a detailed plan for
the restoration or reclamation of the subject property
to the satisfaction of the Director. At minimum, a
plan for restoration or reclamation shall include
clearance of the site of all recreational vehicles and
related structures and removal of all-weather surfaces
and utilities constructed for said park unless there
is a separate application under the Zoning Ordinance
to permit the improvements.
Lands upon which Temporary Recreational Vehicle Parks
and basecamp features in AG (Agriculture) zones are
located shall be restored to their prior agricultural
use or other agricultural use as approved by the
Director prior to the expiration of this ordinance. A
performance guarantee as provided by Section 24-245 of
Butte County Code in the amount of $1,000.00 per acre
of land disturbed by the Temporary Recreational
Vehicle Park and basecamp feature shall be paid prior
to site disturbance activities to ensure that site
restoration and reclamation is completed to the
satisfaction of the Director. Lands shall be
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reclaimed to the satisfaction of the Director prior to
release of the performance guarantee.
Section 4. Section 53-39 is added to read as follows:
Section 53-39. Temporary Truck and Equipment Staging and Laydown
IYards.
Temporary truck and equipment staging and laydown yards
coordinated through Cal OES are allowed subject to approval of a
temporary administrative permit and compliance with the
standards set forth below in the following areas:
1. On an approved mining site when the Director determines
the yard will not interfere with the mining site's
reclamation and approved end use.
2. On the 11.98 -acre parcel located at 2903 Neal Road,
Paradise (APN 055-350-044) that was previously the
location of a logging truck repair and storage facility
permitted by Use Permit No. UP 84-26.
Each Cal OES temporary truck and equipment staging and laydown
yard authorized under this article shall be coordinated through
the Cal OES Operations Director or his or her designee, and
approved by the Director, prior to the issuance of a temporary
administrative permit.
A. Standards. All Temporary Truck and Equipment Staging and
Laydown Yards shall meet the following standards:
1. Application for Temporary Administrative Permit. The
property owner or the property owner's authorized agent
shall obtain a temporary administrative permit for the
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Effective Period of this article. Written consent of the
property owner is required in all cases.
2. Site Plan Required. A detailed site plan meeting general
architectural or engineering standards, legible and drawn
to scale shall be provided with the application for a
temporary administrative permit. Partial site plans for
a portion of a property may be submitted as long as a
vicinity map for the entire property showing frontage
streets, other uses and a cross reference of the area of
the partial site plan is provided. All site plans shall
show and label contours at maximum vertical intervals of
five feet; areas of proposed grading and fill; the width
of access roads to and around parking and laydown areas
and buildings; and turnaround areas for fire and
emergency services.
3. Siting Criteria. To the extent practicable, temporary
truck and equipment staging and laydown yards shall be
located on flat areas of the site that are already
disturbed. Yards located on approved mining sites shall
be located within the boundaries of that portion of the
parcel or parcels of land with a valid mining permit,
reclamation plan and financial assurance for surface
mining operations that have not already been reclaimed
4. Approved Access. Temporary truck and equipment staging
and laydown yards shall have access onto a public road.
If the public road is a County road, the approach shall
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be made with an encroachment permit approved by the
Department of Public Works. If the public road is a State
highway, the approach shall be made with an approved
encroachment permit issued by the California Department
of Transportation (CalTrans) District 3 Office. If the
public road is accessed by a private road, there shall be
an approved road maintenance agreement that allows for
the proposed use along the private road.
5. On-site Roads, Driveways and Aisles. Driveways and
access aisles shall have a minimum width of 25 feet.
Roads, access aisles and driveways shall have an all--
weather surface capable of supporting a 40,000 lb. load
that will allow for ingress and egress of fire apparatus
to within 150 feet of all units and a vertical clearance
of no less than 15 feet.
6. Air Quality and Dust Control. All best practice measures
to reduce impacts to air quality shall be incorporated by
the project applicant, subject property owners, or third -
party contractors during activities on the project site.
A plan shall be provided to the satisfaction of the
Director to address:
a. Diesel particulate matter from construction equipment
and commercial on -road vehicles greater than 10,000
pounds;
b. Mobile and stationary toxic air contaminants; and
c. Fugitive dust and ash.
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7. Water Quality. Any surface disturbance over one -acre in
size shall require a Storm Water Pollution Prevention
Plan (SWPPP) by a certified Qualified SWPPP Developer and
the submittal of a Notice of Intent to obtain coverage
under the General Permit for Discharges of Storm Water
Associated with Construction Activity (Construction
General Permit Order 2009-0009-DWQ as amended).
8. Storage or Processing of Debris Prohibited. The storage
or processing of debris from the Butte County Camp Fire
Consolidated Debris Removal Program at any temporary
truck and equipment staging and laydown yard, including
the storage of trucks or equipment loaded with debris, is
expressly prohibited.
9. Hazardous Material.Business Plan Required. The storage
of any hazardous material at or above State -defined
thresholds shall require the approval by the
Environmental Health Division of the Department of Public
Health of a Hazardous Material Business Plan.
10. Outdoor Lighting. All outdoor lighting shall be
located, adequately shielded, and directed such that no
direct light falls outside the property line, or into the
public right-of-way in accordance with the Butte County
Zoning Ordinance, Article 14, Outdoor Lighting.
11. Reclamation Required. The application for a temporary
administrative permit for a temporary truck and equipment
staging and laydown yard shall be accompanied by a
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detailed plan for the restoration or reclamation of the
subject property to the satisfaction of the Director. At
minimum, a plan for restoration or reclamation shall
include:
a. Clearance of the site of all vehicles, equipment and
materials utilized as part of the temporary truck
and equipment staging and laydown yard; and
b. Stabilization of the site, implementation of erosion
control measures, and successful revegetation to the
satisfaction of the Director in order to render the
site suitable for either:
i. Continued use as an approved mine site
consistent with the approved mining permit,
reclamation plan and financial assurance for
surface mining operations; or
ii. If the site is not an approved mine site, a
permitted or conditionally permitted use for
the zone in which it is located.
12. Performance Guarantee. In approving a temporary
administrative permit for a temporary truck and equipment
staging and laydown yard, the Director shall require a
performance guarantee as provided by Section 24-245 of
the Butte County Code in the amount of $1,000.00 per acre
of land disturbed in order to guarantee the proper
completion of any approved work and to ensure that site
reclamation is completed to the satisfaction of the
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Director. Lands shall be restored or reclaimed to the
satisfaction of the Director prior to release of the
performance guarantee.
13. Additional Requirements. The temporary administrative
permit may be subject to additional requirements from
Butte County Fire, Butte County Public Works, the Butte
County Air Quality Management District, the California
Department of Transportation, and the State Regional
Water Quality Control Board.
B. Notice
Upon issuance of a temporary administrative permit,
pursuant to this section, the Butte County Department of
Development Services shall provide a mailed notice to
property owners within 300 feet of the subject parcel. The
notice shall include all applicable standards and
limitations placed upon the temporary truck and equipment
staging and laydown yard, the Butte County administrative
permit number, as well as the name, phone number and email
of a designated contact for concerns regarding the yard's
operation.
Section 5. Section 53-53 is amended to read as follows:
Section 53-53. Definitions.
Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
Approved Mining Site. The portion of a parcel or parcels of land
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with a valid mining permit, reclamation plan and financial
assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
jBasecamp. A site that includes some or all of the following
features: equipment staging/ storage; employee housing; commissary;
laundry; and other services for the purpose of providing workforce
housing for Camp Fire Recovery efforts or shelter of displaced
persons.
Cal OES. The Governor's Office of Emergency Services.
Camp Fire. A 153,336 -acre wildfire that started near the community
of Pulga on November 8, 2018, destroying over 18,000 structures,
which forced the evacuation of the Town of Paradise, Berry Creek,
Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
Hill, and other areas near the Cities of Chico and Oroville, and
proclaimed by the Board of Supervisors under Resolution 18-169, as
a local emergency, and also proclaimed by then Acting Governor
Gavin Newsom as a state of emergency. CAL FIRE maintains a map
showing the final boundaries of the Camp Fire and the Camp Fire
affected area, as of November 25, 2018 at 100 percent containment.
Cargo Storage Container. A single metal box made of steel or other
similar material, or a shed, which is designed for securing and
protecting items for temporary storage, not exceeding three
hundred twenty (320) square feet in size, without utilities, and
not used for human habitation.
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Director. The Director of the Department of Development Services
or his or her authorized representative.
Displaced Person(s). A county resident or residents whose
residential dwelling has been destroyed or damaged by the Camp
Fire, such that the resident(s) cannot occupy the dwelling.
Displaced person(s) may be required to provide verification to the
county to substantiate their eligibility for uses, permits and/or
approvals described in this article. Evidence may consist of
verification by Federal Emergency Management Agency (FEMA)
registration or damage assessment, and/or a driver's license or
other government -issued identification card or utility bill, etc.
with a physical address showing the resident resided on a property
impacted by the Camp Fare, as determined by the county. Such
determination may be made by the Director or other county
personnel.
Effective Date. The date of the Board of Supervisors adoption of
this article.
Eligible Property. A property that does not contain fire debris
and hazardous materials from a qualifying structure that was
damaged or destroyed by the Camp Fire. Eligible Property shall
include (1) parcels with no resulting damage or fire debris from
the Camp Fire, (2) parcels with fire debris from a structure that
was not a qualifying structure that was damaged or destroyed by
the Camp Fire and (3) parcels with fire debris or hazardous
materials from a qualifying structure that was damaged or destroyed
by the Camp Fire, only upon the issuance of a certificate that the
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parcel has been cleaned pursuant to Phase II requirements by the
Department of Public Health, Environmental Health Division.
Temporary housing pursuant to this article shall be permitted as
reflected in the table below:
FEMA. The Federal Emergency Management Agency or successor agency.
Fire Debris and Hazardous Materials. Debris, ash, metals, and
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Property not
Property with a
Property with a
damaged by Camp
non -qualifying
qualifying
Fire
structure damaged
structure damaged
or destroyed by
or destroyed by
Camp Fire
Camp Fire
Prior to
Temporary
Temporary housing
Temporary housing
completion of
housing allowed*
allowed*
prohibited
Phase II cleanup
Following
Temporary
Temporary housing
Temporary housing
completion of
housing allowed*
allowed*
allowed*
Phase II cleanup
(property
certified clean
by the Department
of Public Health,
Environmental
Health Division)
*such housing shall meet all other applicable requirements in this article
FEMA. The Federal Emergency Management Agency or successor agency.
Fire Debris and Hazardous Materials. Debris, ash, metals, and
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completely or partially incinerated substances from structures
that are located on properties that qualify under the CalOES Debris
Removal Program or the County's Alternative Debris Removal
Program.
Mobile/manufactured home: A housing structure transportable in one
(1) or more sections, designed and equipped to be used with or
without a foundation system, certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. section 5401 et seq.). The County shall not grant a
permit for the installation of a mobile/manufactured home if such
mobile/manufactured home is older than ten (10) years of age. The
age measurement period shall be from the year of manufacture of
the home to the year of the permit application. Mobile/manufactured
home does not include recreational vehicle, park trailer, or
commercial modular as defined in Division 13, Part 2, Chapter 1,
of the Health and Safety Code.
Movable Tiny House. A movable tiny house is a structure utilized
as living quarters by one household that is licensed by and
registered with the California Department of Motor Vehicles, meets
the American National Standards Institute (ANSI) 119.5 or ANSI
119.2 (NFPA 1192) requirements and is certified by a qualified
third party inspector for ANSI compliance, cannot move under its
own power, is not longer than allowed by State law for movement on
public highways, has a total floor area of not less than 150 square
feet, and has no more than 430 square feet of habitable living
space.
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Ilphase I. The term "Phase I" shall mean the hazardous waste cleanup'
Ilperformed by the United States Environmental Protection Agency
IIand/or Department of Toxic Substances Control on certain
properties impacted by the Camp Fire.
Phase II. The term "Phase II" shall mean the ash and debris cleanup
11work performed pursuant to the OES Program and/or the Alternative
Program.
Qualifying Structure. The term "qualifying structure" shall mean
a structure of 120 square feet and over.
Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: (1) self-contained with potable water
and sewage tanks and designed for human habitation for recreational
or emergency occupancy; (2) self-propelled, truck -mounted, or
permanently towable on California roadways; and (3) a California
Department of Motor Vehicles licensed vehicle, or a similar vehicle
or structure as determined by the Director.
Recreational Vehicle Park. A commercial use providing space for
the accommodation of more than two recreational vehicles for
recreational or emergency housing for displaced persons, or for
transient employee lodging and/or basecamp purposes.
Temporary Dwelling. A temporary dwelling that meets the water,
sewage disposal, and electricity hook-up standards and includes a
recreational vehicle, mobile/manufactured home, or movable tiny
house.
Temporary Truck and Equipment Staging and Laydown Yard. An
approved area used for the storage of unladen trucks and equipment
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utilized to remove and haul away fire debris and hazardous
materials, and the storage of materials used to facilitate the
removal and hauling away of fire debris and hazardous materials,
as part of the Butte County Camp Fire Consolidated Debris Removal
Program. No fire debris or hazardous materials may be brought onto
or stored on the yard. Truck and Equipment Staging and Laydown
Yards may include associated truck and equipment repair,
construction trailers, employee parking and portable bathroom
facilities set up for use by the personnel assigned to the yard,
but not residences other than for a temporary caretaker quarters.
Transitory Period. The period of time after the Camp Fire event
during which recreational vehicles do not need to meet the water,
sewage disposal, and electricity hook-up standards. The transitory
period ends on July 29, 2019.
Section 6. Section 53-58 is amended to read as follows:
Section 53-58. FEMA Temporary Housing Sites.
Federal Emergency Management Agency (FEMA) temporary housing sites
authorized under contract to FEMA are an allowed use in the MDR
(Medium Density Residential), MHDR (Medium High Density
Residential), HDR (High Density Residential), RBP (Research and
Business Park), PD (Planned Development), P (Public), and
Commercial and Industrial zones; and, in AG (Agriculture) zones
when an approved residential specific plan exists, and when said
specific plan is identified under the Butte County General Plan,
or in AG (Agriculture) zones located inside a city's approved
Sphere of Influence that are classified as grazing or other lands
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as defined by the State Farmland Mapping and Monitoring Program
and having a combined parcel size greater than 20 acres and subject
to all additional requirements, such as the 300 foot agricultural
buffer, flood zones, and airport land use compatibility zones.
Each FEMA temporary housing site authorized under this article
shall have been reviewed through the housing identification
process and approved by the Director.
Section 7. Section 53-59 is amended to read as follows:
Section 53-59. Temporary Recreational Vehicle Parks.
The establishment of Temporary Recreational Vehicle Parks without
requiring hook-ups to water, sewage disposal, and electricity on
an Eligible Property in Commercial, Industrial, FR (Foothill
Residential), RR (Rural Residential), PD (Planned Development), P
(Public), and RBP (Research and Business Park) zoning districts,
and in the parking lots of religious and community facilities, and
in AG (Agriculture) zones when an approved residential specific
plan exists, and when said specific plan is identified under the
Butte County General Plan, or in AG (Agriculture) zones located
inside a city's approved Sphere of Influence that are classified
as grazing or other lands as defined by the State Farmland Mapping
and Monitoring Program and having a combined parcel size greater
than 20 acres and subject to all additional requirements, such as
the 300 foot agricultural buffer, flood zones, and airport land
use compatibility zones shall be allowed for the transitory period.
Temporary Recreational Vehicle Parks that are served with water,
sewage disposal, and electricity hook-ups may continue for the
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Effective Period set forth in Section 53-52. Basecamp features may
be located in the same zones as Temporary Recreational Vehicle
Parks, except for the FR (Foothill Residential) and RR (Rural
Residential) zones. Temporary Recreational Vehicle Parks and
basecamp features are subject to a temporary administrative permit
and subject to the applicable requirements set forth under Section
53-57, Standards, as well as the following standards:
A. Minimum Parcel Size. Except for AG (Agriculture) zoned
parcels which shall be a minimum total of twenty (20)
acres, the minimum parcel size for eligibility to locate
a Temporary Recreational Vehicle Park or basecamp
feature is two (2) acres.
B. All areas occupied by recreational vehicles and/or
basecamp features and access aisles, driveways, and
roads shall have an all-weather surface capable of
supporting a 40,000 lb. load that will allow for ingress
and egress of fire apparatus to within 150 feet of all
units and a vertical clearance of no less than 15 feet.
C. Driveways and aisles shall have a minimum width of 25
feet.
D. A County Encroachment permit must be obtained for all
new and existing driveway approaches to publicly
maintained roads as specified in the County Improvement
Standards.
E. The temporary administrative permit may be subject to
additional requirements from Butte County Fire, Butte
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County Public Works, the State Department of Housing and
Community Development, and the State Regional Water
Quality Control Board.
F. The following additional standards apply to Temporary
Recreational Vehicle Parks and basecamp features in the
FR (Foothill Residential) and RR (Rural Residential)
zones.
a. Basecamps are not permitted.
b. Parcels shall be a minimum five (5) acres in size.
c. No more than two (2) recreational vehicles shall be
allowed per acre.
d. There shall be a 25 -foot setback from all property
lines for all recreational vehicles and related
improvements.
e. Quiet hours shall be maintained from 10 pm to 7 am,
during which generators shall not be operated and noise
levels shall conform to Butte County Code Chapter 41
A, Noise Control.
f. All outdoor lighting shall be located, adequately
shielded, and directed such that no direct light falls
outside the property line, or into the public right-
of-way in accordance with the Butte County Zoning
Ordinance, Article 14, Outdoor Lighting.
g. One on-site parking space shall be provided per
recreational vehicle.
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G. Each temporary administrative permit application for a
Temporary Recreational Vehicle Park and basecamp
feature shall be accompanied by a detailed plan for
the restoration or reclamation of the subject property
to the satisfaction of the Director. At minimum, a
plan for restoration or reclamation shall include
clearance of the site of all recreational vehicles and
related structures and removal of all-weather surfaces
and utilities constructed for said park unless there
is a separate application under the Zoning Ordinance
to permit the improvements.
Lands upon which Temporary Recreational Vehicle Parks
and basecamp features in AG (Agriculture) zones are
located shall be restored to their prior agricultural
use or other agricultural use as approved by the
Director prior to the expiration of this ordinance. A
performance guarantee as provided by Section 24-245 of
Butte County Code in the amount of $1,000.00 per acre
of land disturbed by the Temporary Recreational
Vehicle Park and basecamp feature shall be paid prior
to site disturbance activities to ensure that site
restoration and reclamation is completed to the
satisfaction of the Director. Lands shall be
reclaimed to the satisfaction of the Director prior to
release of the performance guarantee.
Section 8. Section 53-66 is added to read as follows:
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Section 53-66. Temporary Truck and Equipment Staging and Laydown
IYards.
Temporary truck and equipment staging and laydown yards
coordinated through Cal OES are allowed subject to approval of a
temporary administrative permit and compliance with the
standards set forth below in the following areas:
1. On an approved mining site when the Director determines
the yard will not interfere with the mining site's
reclamation and approved end use.
2. On the 11.98 -acre parcel located at 2903 Neal Road,
Paradise (APN 055-350-044) that was previously the
location of a logging truck repair and storage facility
permitted by Use Permit No. UP 84-26.
Each Cal OES temporary truck and equipment staging and laydown
yard authorized under this article shall be coordinated through
the Cal OES Operations Director or his or her designee, and
approved by the Director, prior to the issuance of a temporary
administrative permit.
A. Standards. All Temporary Truck and Equipment Staging and
Laydown Yards shall meet the following standards:
1. Application for Temporary Administrative Permit. The
property owner or the property owner's authorized agent
shall obtain a temporary administrative permit for the
Effective Period of this article. Written consent of
the property owner is required in all cases.
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2. Site Plan Required. A detailed site plan meeting
general architectural or engineering standards, legible
and drawn to scale shall be provided with the
application for a temporary administrative permit.
Partial site plans for a portion of a property may be
submitted as long as a vicinity map for the entire
property showing frontage streets, other uses and a
cross reference of the area of the partial site plan is
provided. All site plans shall show and label contours
at maximum vertical intervals of five feet; areas of
proposed grading and fill; the width of access roads to
and around parking and laydown areas and buildings; and
turnaround areas for fire and emergency services.
3. Siting Criteria. To the extent practicable, temporary
truck and equipment staging and laydown yards shall be
located on flat areas of the site that are already
disturbed. Yards located on approved mining sites shall
be located within the boundaries of that portion of the
parcel or parcels of land with a valid mining permit,
reclamation plan and financial assurance for surface
mining operations that have not already been reclaimed
4. Approved Access. Temporary truck and equipment staging
and laydown yards shall have access onto a public road.
If the public road is a County road, the approach shall
be made with an encroachment permit approved by the
Department of Public Works. If the public road is a
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State highway, the approach shall be made with an
approved encroachment permit issued by the California
Department of Transportation (CalTrans) District 3
Office. If the public road is accessed by a private
road, there shall be an approved road maintenance
agreement that allows for the proposed use along the
private road.
5. On-site Roads, Driveways and Aisles. Driveways and
access aisles shall have a minimum width of 25 feet.
Roads, access aisles and driveways shall have an all-
weather surface capable of supporting a 40,000 lb. load
that will allow for ingress and egress of fire apparatus
to within 150 feet of all units and a vertical clearance
of no less than 15 feet.
6. Air Quality and Dust Control. All best practice
measures to reduce impacts to air quality shall be
incorporated by the project applicant, subject property
owners, or third -party contractors during activities on
the project site. A plan shall be provided to the
satisfaction of the Director to address:
a. Diesel particulate matter from construction equipment
and commercial on -road vehicles greater than 10,000
pounds;
b. Mobile and stationary toxic air contaminants; and
c. Fugitive dust and ash.
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7. Water Quality. Any surface disturbance over one -acre in
size shall require a Storm Water Pollution Prevention
Plan (SWPPP) by a certified Qualified SWPPP Developer
and the submittal of a Notice of Intent to obtain
coverage under the General Permit for Discharges of
Storm Water Associated with Construction Activity
(Construction General Permit Order 2009-0009-DWQ as
amended).
8. Storage or Processing of Debris Prohibited. The storage
or processing of debris from the Butte County Camp Fire
Consolidated Debris Removal Program at any temporary
truck and equipment staging and laydown yard, including
the storage of trucks or equipment loaded with debris,
is expressly prohibited.
9. Hazardous Material Business Plan Required. The storage
of any hazardous material at or above State -defined
thresholds shall require the approval by the
Environmental Health Division of the Department of
Public Health of a Hazardous Material Business Plan.
10. Outdoor Lighting. All outdoor lighting shall be
located, adequately shielded, and directed such that no
direct light falls outside the property line, or into
the public right-of-way in accordance with the Butte
County Zoning Ordinance, Article 14, Outdoor Lighting.
11. Reclamation Required. The application for a temporary
administrative permit for a temporary truck and
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equipment staging and laydown yard shall be accompanied
by a detailed plan for the restoration or reclamation of
the subject property to the satisfaction of the
Director. At minimum, a plan for restoration or
reclamation shall include:
a. Clearance of the site of all vehicles, equipment and
materials utilized as part of the temporary truck
and equipment staging and laydown yard; and
b. Stabilization of the site, implementation of erosion
control measures, and successful revegetation to the
satisfaction of the Director in order to render the
site suitable for either:
i. Continued use as an approved mine site
consistent with the approved mining permit,
reclamation plan and financial assurance for
surface mining operations; or
ii. If the site is not an approved mine site, a
permitted or conditionally permitted use for
the zone in which it is located.
12. Performance Guarantee. In approving a temporary
administrative permit for a temporary truck and
equipment staging and laydown yard, the Director shall
require a performance guarantee as provided by Section
24-245 of the Butte County Code in the amount of
$1,000.00 per acre of land disturbed in order to
guarantee the proper completion of any approved work and
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to ensure that site reclamation is completed to the
satisfaction of the Director. Lands shall be restored
or reclaimed to the satisfaction of the Director prior
to release of the performance guarantee.
13. Additional Requirements. The temporary administrative
permit may be subject to additional requirements from
Butte County Fire, Butte County Public Works, the Butte
County Air Quality Management Distract, the California
Department of Transportation, and the State Regional
Water Quality Control Board.
B. Notice
Upon issuance of a temporary administrative permit,
pursuant to this section, the Butte County Department of
Development Services shall provide a mailed notice to
property owners within 300 feet of the subject parcel. The
notice shall include all applicable standards and
limitations placed upon the temporary truck and equipment
staging and laydown yard, the Butte County administrative
permit number, as well as the name, phone number and email
of a designated contact for concerns regarding the yard's
operation.
Section 9. Section 53-67 is added to read as follows:
Section 53-67. Rebuilding Warning.
The following statement shall be supplied to all individuals
applying for a building permit within the Camp Fire area: "Due
to the large number of structures destroyed in the Camp Fire
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jarea, it is anticipated that there will be a large number of
japplications for building permits in the Camp Fire area after
Mire debris and hazardous materials have been cleaned up
pursuant to the Butte County Camp Fire Consolidated Debris
Removal Program. Building permits in the Camp Fire area will not
The issued until after a property has been cleared of fire debris
and hazardous materials as required by the Program. The Butte
County Health Officer has identified health hazards in the fire
debris and hazardous materials in the Camp Fire area. Even if a
property has been cleared of fire debris and hazardous materials
or never had any fire debris and hazardous materials, it does
not mean that there are no other health hazards or dangers on
the property. Property owners and residents must do their own
investigation to determine whether there are any other health
hazards or dangers on the property. The issuance of a building
permit for the property does not accomplish this task. A
building permit is a ministerial action requiring only limited
review by the County to ensure that the structure meets all
applicable building standards. In most zones, an individual is
allowed by right to construct a residence after receiving a
building permit which only requires conformity to building
standards. The building permit is issued based on information
supplied by the applicant without independent investigation by
the County of the property or potential health hazards or
dangers. Given the limited scope of enforcement, it is not
possible for the County to identify potential health hazards or
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dangers which are not directly associated with the permitted
structure. The applicant is in a position to inspect the
property, identify potential health hazards or dangers, and
tailor the application to avoid any potential health hazards or
dangers."
Section 10. CEQA Exemption.
Adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to California
Public Resources Code Section 21080(b)(3)regarding projects to
maintain, repair, restore, or replace property or facilities
damaged or destroyed as a result of a declared disaster and Section
21080(b)(4) regarding actions to mitigate or prevent an emergency,
and CEQA Guidelines Section 15269(a) regarding maintaining,
repairing, restoring, demolishing, or replacing property or
facilities damaged or destroyed as a result of a disaster stricken
area in which a state of emergency has been proclaimed by the
Governor pursuant to the California Emergency Services Act,
commencing with Section 8550 of the California Government Code.
Section 11. Severability.
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining
portion of this Ordinance. The Board of Supervisors hereby declares
that it would have passed this Ordinance and every section,
subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses
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or phrases be declared unconstitutional or invalid.
Section 12. Effective Date and Publication.
This Ordinance shall be and the same is hereby declared to be in
full force and effect immediately upon its passage by a four-
fifths (4/5) or greater vote. The Clerk of the Board of
Supervisors is authorized and directed to publish this ordinance
before the expiration of fifteen (15) days after its passage. This
Ordinance shall be published once, with the names of the members
of the Board of Supervisors voting for and against it, in a
newspaper of general circulation published in the County of Butte,
State of California. Pursuant to Government Code section 25124, a
complete copy of this ordinance is on file with the Clerk of the
Board of Supervisors and is available for public inspection and
copying during regular business hours in the office of the Clerk
of the Board of Supervisors, 25 County Center Drive, Oroville, CA.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of April, 2019 by the
following vote:
AYES: Supervisors Connelly, Luce:ro, Ritter, Teeter, and Chair
Lambert
NOES:
ABSENT:
NOT VOTING
ASTEVEk4�M�ERT, Chair
Butte County Board of Supervisors
IFINWWWW
sHARi mcmAcKEN, chief Administrative Officer
and Clerk of the Board
By -
De
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