HomeMy WebLinkAbout41771
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Ordinance No. 4171
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE EXTENDING THE
TRANSITORY PERIOD AS DEFINED IN SECTIONS 53-33 AND 53--53 OF CHAPTER
53, ENTITLED "CAMP FIRE RECOVERY," OF THE BUTTE COUNTY CODE
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.
C. 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.
D. On November 8, 2018, the Acting Governor of the State of
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California proclaimed a State of Emergency for Butte County
pursuant to the California Emergency Services Act, commencing
with Section 8550 of the Government Code, and on November 14,
2018, the Governor issued Executive Order B-57-18 concerning the
Camp Fire.
E. On November 9, 2018, the Camp Fire was stall 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.
F. 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 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-
ig
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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 13, 2018, the Board of Supervisors adopted
Resolution No. 18-169 ratifying the County Administrator's
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
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resources and any other appropriate federal disaster relief
program.
I. On November 13, 2018, the Board of Supervisors ratified Dr.
Miller's Declaration of Health Emergency.
J. 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 threat of infectious or communicable disease and/or non-
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
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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 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
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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.
N. 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.
O. Exposure to hazardous materials may lead to acute and chronic
health affects and may cause long-term public health and
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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.
IQ. The Camp Fire has created hazardous waste conditions in Butte
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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 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.
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,
February 24, 2019, April 23, 2019, August 13, 2019 September 10,
2019, October 22, 2019, November 5, 2019, and November 19, 2019.
The actions addressed the need for the regulation of debris
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F®
removal to alleviate the public health, safety and welfare
concerns associated with the ash and debris of qualifying
structures and temporary emergency housing options.
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 in the Camp Fire area, (2) hazardous
materials and probable radioactive materials present in ash and
debris from qualifying structures, (3) 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 Fire area that do not contain fire ash
and debris from a qualifying structure destroyed or damaged by
the Camp Fire.
The Debris Removal Operations Plan for the Camp Fire prepared
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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 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.
1U. 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
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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 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
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of the destruction, there is a need to provide for sufficient
housing options both inside and outside of the Camp Fire affected
area.
As of October 22, 2019, the status of the Camp Fire area was as
follows: (1) Phase II of the cleanup pursuant to the Government
(CalOES) Program and the Alternative Program have resulted in
the majority of Camp Fire parcels with final sign off and
clearance for rebuild; (2) the County has received 150
applications and issued 70 building permits for residential
parcels for Camp Fire survivors inside the Camp Fire area; (3)
the County has commenced its nuisance abatement actions on
parcels not compliant with debris removal requirements of
Chapter 53; (4) dead and dying trees litter the Camp Fire
footprint, including areas where some homes still exist and
where others existed and are now pending construction; (5) the
County has had trees in the County right-of-way assessed by an
arborist and removed a small portion of over 6,649 hazard trees'
that have been determined to meet removal criteria; (6) Del Oro
Water and Paradise Irrigation District are in the process of
testing residential structures for water contaminants in the
Camp Fire area; (7) numerous Camp Fire survivors who are unable
to live on their property until the fire debris removal is
complete are sheltering at non -congregate shelters at Lime
Saddle and DeSabla campgrounds; and (8) Camp Fire survivors are
1 The criteria for hazard trees for this purpose is set out in Section JJ.
below.
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reporting barriers to returning to their properties and
rebuilding, including but not limited to hazard standing trees,
large depressions in the ground as a result of debris removal
without adequate fill dirt in the area, delays in accessing
temporary power, concerns regarding contaminated drinking water
in the area, and being unable to rebuild on their property
because it has not yet received final sign -off in the debris
removal program.
The majority of the Camp Fire area is located in a Very High
Fare Hazard Severity Zone as shown on the California Department
of Forestry and Fare Protection's Fire and Resource Assessment
Program map dated November 7, 2007.
The County generally has a climate conducive to wildfires and
is prone to periodic dry summers and wand events. Hazard trees
pose a significant danger to the health, safety and welfare of
the public by fueling and propelling wildfires, thereby
increasing the potential for a severe fire and endangering
lives, property and the environment. Increasingly dry summers
and severe wind events further exacerbate the fire danger and
have the potential to result in catastrophic fire losses to
life, property and the environment.
Additionally, the Camp Fire created a fuel type conversion
whereby the Ponderosa Pine and mixed conifer forests have now
been converted to predominantly open land with grass and brush
regrowth. The understory grass and brush can precipitate the
start and spread of fire with hundreds of thousands of dead
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trees still standing, many of which are within the urban
interface, to further add to the fire threat and intensity. Dead
trees that fall on the forest floor over time further complicate
the fire environment by adding a large amount of down and dead
fuel that will add to surface fire intensity and make control
efforts difficult.
AA. Dead and dying trees pose a life hazard to firefighters, first'
responders and the general public if exposed to fire or high
wind storm events. Standing trees that are dead or dying and are
adjacent to roads have an increased risk of falling onto the
roads during a wildfire disaster or high wind storm event as
compared to healthy trees. This endangers primary and secondary
evacuation routes in the Camp Fare area, which could lead to
increased loss of life during a future fare.
BB. Of paramount importance to the Board and the residents of the
County is the protection of lives and property from the threat
of fire, including proper maintenance of evacuation routes and
the safety of fire and law enforcement personnel during
wildfires.
CC. Dead and dying trees suffer an increased risk of pest
infestation, such as bark beetles. When dead or dying trees are
infested with pests, this also exposes the healthy trees in
close proximity. The healthy trees are then endangered by the
pests, which potentially creates more fuel for future fares,
which increases the future fire risks in the Camp Fire area.
DD. The County Fire Chief has stated that the remaining fire damaged
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trees in the Concow area following the 2008 fires propelled and
exacerbated the progression and severity of the Camp Fire.
Further, under normal circumstances, dead and down trees hamper
fire suppression efforts. The huge number of fire damaged trees
from the Camp Fire justifies County action to reduce the risk
posed by fire damaged standing trees.
The enormity of the standing burnt trees throughout the Camp
Fire area must be addressed before rebuilding will be possible
on a scale large enough to facilitate economic recovery of the
region. As a result of multiple barriers, including tree removal
costs that exceed the value of their land, many homeowners are
abandoning their property. if owners do not return to the Camp
Fire area, businesses will not be able to open and remain in
business. The County must eliminate hazard trees from the Camp
Fire area to encourage rebuilding projects in the region.
The County estimates 80,000 trees must be removed from
approximately 4,000 private parcels adjacent to the County's
right-of-ways for County -maintained roads.
100 percent of businesses in the burn area were shut down after
the Camp Fire. Approximately 150 out of the 1,200 businesses
reopened 6 months later. This number does not include all home-
based businesses that were displaced as a result of the
residential structure burning in the Camp Fire. The survival of
new and existing businesses depends primarily on the restoration
of the purchasing power in the community. The loss of
approximately 14,000 homes in the Camp Fire area and the
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subsequent displacement of the residents severely reduces the
customers for businesses that sell goods and services locally
and the workforce available for businesses that produce goods
and services for export out of the County. The severe reduction]
in population dramatically reduces the ability for businesses
to recover, including the ability to remain a viable business
interest in the community.
HH. State law provides property tax relief to homeowners impacted
by a natural disaster by reducing their assessed value. This
process provides for the removal of the value of the damaged
structure effective as of the date of the disaster. Under this
provision of law, the County Assessor has removed $1.93 billion
from the property tax roll for the 8 months from November, 2018
- June, 2019, which reduces property tax revenue by $19.3
million. The fiscal year 2019-20 roll will reflect 12 months of
reduced value as well as additional reductions to land value
which could not be adjusted mid -year. Over 50 percent of property
tax revenues support schools while the remaining taxes provide
revenue to local jurisdictions and special districts to provide
critical local services. The County receives about 20% of total
property tax revenues. The State of California has committed to
backfilling property taxes through fiscal year 2020-21 to
account for the substantial reduction in revenue to these
agencies. The only way for this critical revenue source to
recover is for homes and structures to be rebuilt and property
values, and therefore property taxes, to increase. Property tax
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is the primary discretionary revenue source for the County,
accounting for over half of the County's discretionary revenue.
The health of the communities and local economies largely
depends upon repopulation; repopulation largely depends upon the
mindset of the public and their sense of security regarding
moving back to their land. For example, if evacuation routes
continue to suffer from falling trees, residents will not have
confidence in their ability to evacuate safely during a future
fire, and will choose not to rebuild in the Camp Fire area.
Without that sense of security, people are moving elsewhere -I
which negatively impacts the economy recovery of the region -
both the commercial economy and the property tax base for the
County.
The County has contracted with a certified arborist and tree'
health expert company to assess and inventory trees rooted in
the public right-of-way for tree mortality risk rating. The
arborists have generated a report and forms memorializing the
tree mortality data at the time of field reconnaissance and
inventory efforts on February 2, 2019 through July 31, 2019. One
of the purposes of the field reconnaissance effort was to
identify, inventory, and assess the risk of trees rooted in the
public right-of-way within the unincorporated areas of the Camp
Fire disaster area that:
• Were damaged by the Camp Fire;
• Have a diameter of six inches or greater measured 4.5 feet
above ground level;
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• Pose an immediate threat to life, public health and safety,
as a result of threatening public right-of-ways; and
• Meet one or more of the following criteria:
1. Have a split trunk;
2. Have a broken canopy; or
3. Is leaning at an angle greater than 30 degrees;
and
• Is determined, under the professional opinion of the
arborist, that the tree is a hazard consistent with
criteria set forth in ANSI A300 (Part 9) known as the Tree
Risk Assessment Standard.
KK. For those trees which met the defined criteria, the arborists
employed the ISA's Tree Risk Assessment methods to assess a
tree's risk ratings, which was based on the health of the tree
and the tree's relation to public right-of-ways.
LL. Field reconnaissance and inventory efforts have found
approximately 6,649 trees which met the defined criteria.
MM. The County's arborists have recommended removal of all hazard
trees which meet the defined criteria and are rooted along the
County's right-of-way.
NN. It is the opinion of the County Fire Chief and County's arborists
that the unprecedented level of hazard trees presents the
following risks to life, public health and safety: (1) the risks
of injury and/or death to County residents who use County -
maintained roads due to falling trees; and (2) the increased
threat of catastrophic wildfire to the Camp Fire area and
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surrounding area.
100. A purpose of this Article is to establish a Hazard Tree abatement 1
program that protects the lives and property of the public living
in and traveling through the County, and the environment.
JPP. The Board of Supervisors finds that Hazard Trees (as defined in
IF•
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this Article) pose a danger to the health, safety and welfare
of the general public in the vicinity of any real property
located throughout the territory of the County for the reasons
set forth above. Therefore, all Hazard Trees located on real
property within the unincorporated area of the County are deemed
a public nuisance and pose a hazard to the safety of the
landowners, residents in the vicinity, users of roads and to the
public generally.
It is imperative that the County implement immediate and
aggressive measures to identify and fell the trees that are dead
and dying as a result of the Camp Fire to immediately eliminate
or reduce the risks to life, public health and safety,
infrastructure, forest health and the community at large.
The Board of Supervisors has the authority to take action to
protect the health, safety and welfare of the residents of the
County pursuant to its police powers granted by Article XI,
Section 7 of the California Constitution, California Government
Code section 25123, California Health & Safety Code section
101025 and Chapter 32A of the Butte County Code.
JOSS. Hazard Trees (as defined below) that:
(1) are rooted on private property; and
1"
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(2) threaten (a) roads and/or right-of-ways of County -maintained
roads or (b) public improved property in the unincorporated
areas of the Camp Fire area; and
(3) may cause physical injury or damage to persons or property
creates a serious public health and safety crisis and therefore
constitutes a public nuisance.
Some single-family dwellings damaged or destroyed in the Camp
Fire are located in the Butte Creek Canyon (-BCC) Overlay Zone
and the Watershed Protection (-WP) Overlay Zone which have
restrictions on soil disturbance between November 15 and April
1. To assist in rebuilding damaged or destroyed dwellings in
these overlay zones, the Board of Supervisors finds that it is
necessary to allow for site preparation and the installation of
a foundation between November 15 and April 1 provided there is
little chance of rain and protections to prevent soil, etc.,
from leaving the property are in place. These additional
requirements assure the needed protections are in place while
still allowing for the rebuilding of damaged or destroyed
dwellings.
More than a year after the Camp Fire, there remains an immediate
need for housing to accommodate persons who have been displaced
by the Camp Fire. Many of the residences damaged or destroyed
in the Camp Fire have not yet been reconstructed or replaced.
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.
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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. For this reason, the Board of
Supervisors finds that it is necessary that the Transitory
Period be extended to July 31, 2020.
VV. 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 failure to
remove Hazard Trees 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 repopulate the
Camp Fire area.
Section 2. Section 53-33 is amended to read as follows:
I"Section 53-33. 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
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.
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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
lcontainment.
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 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
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[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
ja 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.
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
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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 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
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disposal, and electricity hook-up standards. The transitory period
ends on July 31, 2020."
Section 3. Section 53-53 is amended to read as follows:
1"Section 53-53. Definitions.
lExcept 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 and the Camp Fire affected area, as of
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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.
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 residents) 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 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.
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,
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(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 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:
A.
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Property not
Property with a
Property with a
damaged by
non -qualifying
qualifying
Camp Fire
structure
structure
damaged or
damaged or
destroyed by
destroyed by
Camp Fire
Camp Fire
Prior to
Temporary
Temporary
Temporary
completion of
housing
housing allowed*
housing
Phase II
allowed*
prohibited
cleanup
Following
Temporary
Temporary
Temporary
completion of
housing
housing allowed*
housing
Phase II
allowed*
allowed*
cleanup
(property
certified clean
by the
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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
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
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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.
Phase I. The term "Phase I" shall mean the hazardous waste cleanup
performed by the United States Environmental Protection Agency and/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
work 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
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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 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 31, 2020."
Section 4. 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
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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 5. 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 or phrases be declared unconstitutional or
invalid.
Section 6. 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
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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, California.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 17th day of December, 2019 by the
following vote:
AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert
fs
NOT VOTING:
STEVE LAMBE�,T;" Chair
Butte County Board of Supervisors
ATTEST:
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
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