HomeMy WebLinkAbout41881
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Urgency Ordinance No. 4188
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE III.
EMERGENCY INTERIM HOUSING OUTSIDE THE NORTH COMPLEX FIRE AREA,
AND ARTICLE IV. EMERGENCY INTERIM HOUSING INSIDE THE NORTH
COMPLEX FIRE AREA TO CHAPTER 54 - NORTH COMPLEX FIRE RECOVERY
CODE OF THE BUTTE COUNTY CODE
4/5 VOTE REQUIRED
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. On August 17, 2020, lightning strikes sparked the Bear Fire
and the Claremont Fire, both in Plumas County. Conditions of
extreme peril to the safety of persons and property within
the County of Butte were caused by wildfire known as the North
Complex Fire when the Bear and Claremont Fires merged and
progressed into the County of Butte on the 8th day of
September, 2020, at which time the Board of Supervisors was
not in session. A map depicting the North Complex Fire area
is attached hereto as Exhibit A.
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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.
On September 9, 2020, the Assistant Chief Administrative
Officer of the County of Butte proclaimed the existence of a
local emergency within the county due to the North Complex
Fire.
On August 18, 2020, the Governor of the State of California
proclaimed a State of Emergency for multiple fires caused by
lightning strike, including what would grow into the North
Complex Fire pursuant to the California Emergency Services
Act, commencing with Section 8550 of the Government Code.
On August 22, 2020, the President of the United States
approved a disaster declaration for the State of California
relating to the wildfires, providing assistance from many
federal agencies, including FEMA.
On September 11, 2020, Dr. Robert Bernstein, the County of
Butte's Local Health Officer, issued a Declaration of Health
Emergency pursuant to California Health and Safety Code
section 101080. Dr. Bernstein's declaration stated that the
local health emergency was a consequence of the debris
resulting from the North Complex Fire that contains hazardous
material in the ash of the burned qualifying structures. The
purpose of the Declaration was to address the immediate threat
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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
North Complex Fire area. The threats included (1) the enormous
amount of fire debris present in the North Complex Fire area,
including respirable -size ash and other debris containing
hazardous materials including radioactive materials that have
been demonstrated in the past to be 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 North Complex
Fire area and (4) the potential pollution of the drinking
water in or around the North Complex Fire area if weather
conditions caused the spread of the hazardous materials in
the ash and debris of burned qualifying structures.
On September 14, 2020, Dr. Bernstein issued a Hazard Advisory
strongly suggesting residents should not reside on property
with qualifying structures damaged or destroyed by the North
Complex 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 are lifted, the Department of Public Health
will make health and safety information available to
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residents who choose to visit their property to collect
valuables. The re-entry information will cover the dangerous
conditions and toxic materials present in the North Complex
Fire area. The re-entry information is intended to improve
and protect public health and safety from the hazards likely
to be encountered during the visit, and are 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 North Complex Fire area, including (1) the
enormous amount of fire debris present in the North Complex
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 -causing agents
and/or non -communicable disease -causing 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 North Complex Fire area and
(5) the potential pollution of the drinking water in or around
the North Complex Fire area if weather conditions caused the
spread of the hazardous materials in the ash and debris of
burned qualifying structures.
H. On September 15, 2020, the Board of Supervisors adopted
Resolution No. 20-111 ratifying the Assistant Chief
Administrative Officer's proclamation of the existence of a
local emergency in the County of Butte. The resolution also
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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.
I. On September 15, 2020, the Board of Supervisors ratified Dr.
Bernstein's Declaration of a Local Health Emergency.
J. As of September 18, 2020, the North Complex Fire has consumed
over 287,000 acres and has led to the destruction of over
1,200 structures including residences and commercial
buildings, and resulted in evacuation orders or warnings
which impacted over 20,000 residents. As a result, the North
Complex Fire has created an enormous amount of debris while
causing the deaths of 15 people. The North Complex Fire is
still burning through the County and despite firefighters'
best efforts, the wildfire has not been contained. Evacuation
orders are currently in place and numerous severe public
health and safety hazards are present in the North Complex
Fire area, including many blocked roads from fallen power
lines, burned trees and vehicles, no available utilities, no
available public services and the presence of human remains
and animal carcasses.
K. 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
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residential and commercial structure fires contain hazardous
materials and the harmful health effects of hazardous
materials produced by a wildfire are well-documented.
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 safety, 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 North Complex Fire disaster.
The North Complex Fire has created hazardous waste conditions
in the County of Butte in the form of contaminated debris
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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.
P. The Department of Toxic Substances Control 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 impacts to individual properties, local
communities, and watersheds if the ash and debris is not
removed safely and promptly.
Q. As of September 25, 2020, the North Complex Fire has consumed
95,999 acres in the County of Butte and has led to the
destruction of 1,457 residences, damage to 59 residences, the
destruction of 59 commercial buildings, damage to 5
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commercial buildings, the destruction of 732 other minor
structures, and resulted in the evacuation of over 20,000
people. As a result, the North Complex Fire has created an
enormous amount of debris and displaced thousands of
residents.
The Local Health Officer, Dr. Bernstein, has indicated the
following: (1) 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;
(2) the standard for determining when a property is clean
from ash and debris from a qualifying structure is when the
debris removal is complete and the property is certified clean
by the Department of Public Health, Environmental Health
Division; (3) as ash and debris of qualifying structures is
the focus of the debris removal work, the significance of the
public health risks is higher on properties with ash and
debris from a qualifying structure; (4) 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 debris removal work is
completed on the property and is certified clean by the
Department of Public Health, Environmental Health Division;
and (5) 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.
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There is an immediate need for housing to accommodate persons
who have been displaced by the North Complex Fire. This
Chapter temporarily relaxes some building and zoning
regulations to allow for additional housing both inside and
outside of the North Complex 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 North Complex Fire affected area.
It is essential that this Urgency 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 North Complex Fire disaster; and (2)
to allow the fastest possible transition of homeless and
displaced residents to interim and long-term shelter.
Section 2. Article III of Chapter 54 of the Butte County Code is
ladded as follows:
ARTICLE III. EMERGENCY INTERIM HOUSING OUTSIDE THE NORTH COMPLEX
FIRE AREA
Section 54-30. Purpose.
This article is enacted for the purpose of temporarily modifying
various Zoning Ordinance regulations and policies to allow the
fastest possible transition of residents made homeless or
displaced by the North Complex Fire to interim and long-term
shelter. The article relaxes certain standards in the Zoning
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Ordinance to allow for additional temporary housing opportunities
outside of the boundaries of the North Complex Fire to meet the
urgent need for housing of displaced persons. This article does
not address standards that will be required when displaced persons
return to their properties within the boundaries of the North
Complex Fire. Those standards will be addressed in an article
below.
Section 54-31. Administration.
This article shall be administered under the direction of the Board
of Supervisors, by and through the Director and other departments
specified herein.
Section 54-32. Effective Period.
A. The provisions in this article shall remain in effect until
December 31, 2023, unless otherwise specified herein, subject
to extension or modification by the Board of Supervisors.
B. Except as otherwise provided herein, no residential
recreational vehicle use or interim housing authorized
pursuant to this article shall be used for permanent housing
after the expiration date of this article.
Section 54-33. Definitions.
Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
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
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housing for North Complex Fire recovery efforts or shelter of
displaced persons.
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 North
Complex 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 North Complex 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
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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,
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.
North Complex Fire. The North Complex Fire derived from lightning
strikes in Plumas County on August 17, 2020. The strikes caused
several fires, including the Bear Fire and the Claremont Fire,
which merged to form the North Complex Fire. On September 8, 2020,
the fire spread rapidly into Butte County. As of this date, fifteen
(15) individuals in Butte County have died due to the fire, over
one thousand two hundred (1,200) structures have been destroyed or
damaged, and approximately twenty thousand individuals (20,000)
have been evacuated from the fire area. CAL FIRE maintains a map
showing the boundaries of the North Complex Fire. The fire affected
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the communities of Berry Creek, Brush Creek and Feather Falls, as
well as additional rural areas.
Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: (1) self-contained with potable water
land 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.
Transitory Period. The period of time after the North Complex 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 December 31, 2023.
Section 54-34. 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
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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 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 North Complex 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.
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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
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), within the City of Chico Sphere of Influence
VLDCR (Very Low Density Country 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 -
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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), RR (Rural Residential), and within
the City of Chico Sphere of Influence VLDCR (Very Low Density
Country 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 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
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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
54-32 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
Code, unless the applicant can establish to the
satisfaction of the Director that there is no other
available location outside of the setback area.
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:
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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
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 and FR
(Foothill Residential), RR (Rural Residential), and
within the City of Chico Sphere of Influence VLDCR
(Very Low Density Country Residential) zoned parcels
which shall be a minimum total of five (5) acres as
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discussed in subsection (E)(11) below, 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 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
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), RR (Rural Residential), and
within the City of Chico Sphere of Influence VLDCR (Very
Low Density Country Residential) zones.
a.Basecamps are not permitted.
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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.
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
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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 54-35. Use of accessory residential structures for
temporary habitation.
For the Effective Period of this article, accessory residential
structures, which meet Residential Group R occupancies as
established by the California Residential Code adopted by Butte
County, may be used as interim housing for persons displaced by
the North Complex Fire. During this period, said use shall not be
subject to the provisions of existing deed restrictions required
by Butte County, but shall remain subject to all other existing
regulations and limitations.
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Section 54-36. Use of Accommodations, Farmstays, Bed and Breakfast
Inns, Resorts, Retreats, Camps or other similar uses.
Notwithstanding any contrary provision in the Butte County Code or
any use permit conditions, use of existing promotional or marketing
accommodations, farmstays, bed and breakfast inns, resorts,
retreats, camps or other similar visitor serving uses shall be
allowed as interim housing for persons displaced by the North
Complex Fire.
Section 54-37. Waiver of County Use Permit Requirement for
Relocation of Damaged Child Care and Educational Facilities.
Notwithstanding any contrary provision in the Butte County Code,
any existing small or large child day care facility or child care
center, elementary school, junior high school, high school or
institution of higher education that was housed in premises made
uninhabitable by the North Complex Fire may be temporarily
relocated to existing buildings in the LI (Limited Industrial),
RBP (Research and Business Park), PD (Planned Development), PB
(Public), GC (General Commercial), NC (Neighborhood Commercial),
CC (Community Commercial), REC (Recreation Commercial), SE (Sports
and Entertainment), and MU (Mixed -Use) zones, or to any site within
an existing religious facility, subject to a temporary
administrative permit and any existing applicable standards, and
subject to a building permit if any renovations are required.
Nothing in this article waives or affects any State law
requirements applicable to such facilities.
Section 54-38. Removal and disconnection.
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Every temporary dwelling allowed by this article shall be
disconnected from water, sewage disposal, and/or electricity hook-
ups and removed from the property on which it is located no later
than the expiration date of this article or within 30 days of a
final inspection or the issuance of a certificate of occupancy for
a replacement dwelling, whichever is earliest.
Section 3. Article IV of Chapter 54 of the Butte County Code is
added as follows:
ARTICLE IV. EMERGENCY INTERIM HOUSING INSIDE THE NORTH COMPLEX
FIRE AREA
Section 54-50. Purpose.
Over two thousand two hundred forty eight (2,248) structures were
destroyed or damaged, of which one thousand four hundred and fifty
seven (1,457) are residential, by the North Complex Fire in Berry
Creek, Brush Creek, Feather Falls, and surrounding unincorporated
areas. This disaster has created an additional need for housing
that follows on the overwhelming need for housing that was created
by the November 8, 2018 Camp Fire in Paradise which created a need
for housing on a scale that could not be accommodated through the
existing available housing in Butte County. The need for housing
from the Camp Fire has not been satisfied, and Butte County now
faces the additional need for housing from the North Complex Fire.
To meet the immediate need for housing, Butte County relaxed some
building and zoning regulations in a prior article to allow for
additional temporary housing outside of the North Complex Fire
affected area. However, this additional temporary housing may not
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The sufficient to meet the large and immediate need. This article
relaxes some building and zoning regulations to allow for
additional temporary housing inside of the North Complex Fire
affected area. While public safety hazards are being mitigated,
persons moving back to the area do so at their own risk and should
make themselves aware of potential public safety hazards,
including but not limited to falling trees or telephone poles
adjacent to the roadways, damaged or unsafe roadways and bridges,
and potable water issues. The article allows persons to place
temporary housing on a property once Fire Debris and Hazardous
Materials has been removed. The purpose of this article is to
develop reasonable standards that allow persons to move back into
the North Complex Fire affected area recognizing that a massive
debris removal program must be implemented and, at the same time,
provide interim shelter for Butte County residents on private
property during this housing crisis.
Section 54-51. Prohibition and Administration.
It is prohibited for any individual, including a Displaced Person,
to reside on any property that contains Fire Debris and Hazardous
Materials until the property has been certified clean by the
Department of Public Health, Environmental Health Division. This
article shall be administered under the direction of the Board of
Supervisors, by and through the Director and other departments
specified herein.
Section 54-52. Effective Period.
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A. The provisions in this article shall remain in effect
until December 31, 2023, unless otherwise specified
herein, subject to extension or modification by the
Board of Supervisors.
B. Except as otherwise provided herein, no residential
recreational vehicle use or interim housing authorized
pursuant to this article shall be used for permanent
housing after the expiration date of this article.
Section 54-53. Definitions.
Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
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 North Complex Fire recovery efforts or shelter of
Displaced Persons.
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 North
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Complex 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 North Complex 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.
Fire Debris and Hazardous Materials. Debris, ash, metals, and
completely or partially incinerated substances from qualifying
structures.
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
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Thome does not include recreational vehicle, park trailer, or
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.
North Complex Fire. The North Complex Fire derived from lightning
strikes in Plumas County on August 17, 2020. The strikes caused
several fires, including the Bear Fire and the Claremont Fire,
which merged to form the North Complex Fire. On September 8, 2020,
the fire spread rapidly into Butte County. As of this date, fifteen
(15) individuals in Butte County have died due to the fire, over
two thousand one hundred and thirty nine (2,139) structures have
been destroyed or damaged, of which one thousand three hundred and
eighty eight (1,388) are residential, and approximately twenty
thousand individuals (20,000) have been evacuated from the fire
area. CAL FIRE maintains a map showing the boundaries of the North
Complex Fire. The fire affected the communities of Berry Creek,
Brush Creek, and Feather Falls, as well as additional rural areas.
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Qualifying Structure. 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
land 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.
Transitory Period. The period of time after the North Complex 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 December 31, 2023.
Section 54-54. Transitory Use of Recreational Vehicles.
Residential use and occupancy of up to two (2) recreational
vehicles on any property that permits a residential use and that
does not contain Fire Debris and Hazardous Materials or has been
certified clean by the Department of Public Health, Environmental
Health Division shall be allowed for the transitory period subject
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to the applicable requirements set forth under Section 54-57,
Standards. Use after the transitory period shall require
compliance with Section 54-57, Standards, a temporary
administrative permit, and full hook-ups to water, sewage
disposal, and electricity.
Section 54-55. 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 on
any property that permits a residential use and that does not
contain Fire Debris and Hazardous Materials or has been certified
clean by the Department of Public Health, Environmental Health
Division shall be allowed during the Effective Period of this
article subject to a temporary administrative permit, and subject
to the applicable requirements set forth in Section 54-57,
Standards.
Section 54-56. Use of Cargo Storage Containers.
The use of cargo storage containers during the term of this article
shall be allowed, subject to the applicable requirements set forth
under Section 54-57, Standards.
Section 54-57. Standards.
After the transitory period, all residential use of recreational
vehicles, and, at all times, all residential use of temporary
dwellings and storage use of cargo storage containers shall meet
the following standards.
A. At all times, the property owner or the property owner's
authorized agent shall obtain all county permits for all
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temporary dwellings that are hooked -up to utilities.
Written consent of the property owner is required in all
cases.
B. At all times, residential use of recreational vehicles and
temporary dwellings is limited to vehicles and dwellings
not on a permanent foundation and used to house persons
displaced by the North Complex Fire during the Effective
Period set forth in Section 54-52.
C. 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.
D. At all times, recreational vehicles, temporary dwellings,
and cargo storage containers shall be located outside the
boundaries of any setbacks established by Chapter 24,
unless the applicant can establish to the satisfaction of
the Director that there is no other available location
outside of the setback area, as well as located outside of
recorded easements, roads, driveways, designated flood
hazard locations, or areas prone to landslide or debris
flow.
E. At all times, use of a cargo storage container shall be
for storage of personal and household belongings only.
F. For water hook-ups, the recreational vehicle, basecamp
feature, or temporary dwelling shall be connected to an
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approved source of water meeting one of the following
criteria:
1. Public water supply;
2. Existing well provided that it has been approved by
the Department of Public Health, Environmental
Health Division as safe for domestic consumption;
or
3. Other water source approved by the Department of
Public Health, Environmental Health Division.
G. For sewage disposal hook-ups, the recreational vehicle,
basecamp feature, or temporary dwelling shall be
connected to an approved sewage disposal system meeting
one of the following criteria:
1. Public sewer system;
2. A new or existing on-site sewage disposal system
that has been approved by the Department of Public
Health, Environmental Health Director to be intact,
adequately sized, and functioning correctly;
3. 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
Public Health, Environmental Health Division; or
4. Other method of sewage disposal approved by the
Department of Public Health, Environmental Health
Division.
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H. For electricity hook-ups, the recreational vehicle,
basecamp feature, or temporary dwelling shall be
connected to an approved source of electricity meeting
one of the following criteria:
1. Permitted electrical service hook-up; or
2. Other power source approved by the Director.
Section 54-58. 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
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 54-59. Temporary Recreational Vehicle Parks.
The establishment of Temporary Recreational Vehicle Parks without
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requiring hook-ups to water, sewage disposal, and electricity on
any property that does not contain Fire Debris and Hazardous
Materials or has been certified clean by the Department of Public
JHealth, Environmental Health Division 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 Effective Period set forth in Section
54-52. 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 54-57, Standards, as well as
the following standards:
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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
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.
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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.
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
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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 54-60. Reconstruction of a legal nonconforming structure.
Reconstruction of a legal nonconforming structure that has been
destroyed or damaged shall begin within two -years after the fire
debris removal is signed -off as complete by the Public Health
Department's Environmental Health Division and shall be completed
within three -years after issuance of the building permit. Any
reconstruction is subject to all applicable permit requirements
and current building standards.
Section 54-61. Reconstruction of single family dwellings
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Reconstruction of single family dwellings shall take place under
the following circumstances:
A. On parcels with Fire Debris and Hazardous Materials, a
building permit and plans may be submitted but a building
permit will not be approved until the parcel has been
certified clean by the Department of Public Health,
Environmental Health Division.
B. On vacant parcels, building permits and plans may be
submitted and approved provided that construction is one
hundred (100) feet or greater from neighboring Fire
Debris and Hazardous Materials.
Section 54-62. Use of accessory residential structures for
temporary habitation.
For the Effective Period of this article, accessory residential
structures on any property that permits a residential use and that
does not contain Fire Debris and Hazardous Materials or has been
certified clean by the Department of Public Health, Environmental
Health Division, which also meets Residential Group R occupancies
as established by the California Residential Code adopted by Butte
County, may be used as interim housing for Displaced Persons.
During this period, said use shall not be subject to the provisions
of existing deed restrictions required by Butte County, but shall
remain subject to all other existing regulations and limitations.
Section 54-63. Use of Accommodations, Farmstays, Bed and Breakfast
Inns, Resorts, Retreats, Camps or other similar uses.
Notwithstanding any contrary provision in the Butte County Code or
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any use permit conditions, use of existing promotional or marketing
accommodations, farmstays, bed and breakfast inns, resorts,
retreats, camps or other similar visitor serving uses shall be
allowed on any property that does not contain Fire Debris and
Hazardous Materials or has been certified clean by the Department
lof Public Health, Environmental Health Division as interim housing
for Displaced Persons.
Section 54-64. Waiver of County Use Permit Requirement for
Relocation of Damaged Child Care and Educational Facilities.
Notwithstanding any contrary provision in the Butte County Code,
any existing small or large child day care facility or child care
center, elementary school, junior high school, high school or
institution of higher education that was housed in premises made
uninhabitable by the North Complex Fire may be temporarily
relocated to existing buildings on any property that does not
contain Fire Debris and Hazardous Materials or has been certified
clean by the Department of Public Health, Environmental Health
Division in the LI (Limited Industrial), PD (Planned Development),
PB (Public), GC (General Commercial), NC (Neighborhood
Commercial), CC (Community Commercial), REC (Recreation
Commercial), and MU (Mixed -Use) zones, or to any site within an
existing religious facility on any property that does not contain
Fire Debris and Hazardous Materials or has been certified clean by
the Department of Public Health, Environmental Health Division,
subject to a temporary administrative permit and any existing
applicable standards, and subject to a building permit if any
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renovations are required. Nothing in this article waives or
affects any State law requirements applicable to such facilities.
Section 54-65. Removal and disconnection.
Every temporary dwelling allowed by this article shall be
disconnected from water, sewage disposal, and/or electricity hook-
ups and removed from the property on which it is located no later
than the expiration date of this article or within 30 days of a
final inspection or the issuance of a certificate of occupancy for
a replacement dwelling, whichever is earliest.
Section 54-66. Rebuilding Warning.
The following statement shall be supplied to all individuals
applying for a building permit within the North Complex Fire area:
"Due to the large number of structures destroyed in the North
Complex Fire area, it is anticipated that there will be a large
number of applications for building permits in the North Complex
Fire area after Fire Debris and Hazardous Materials have been
cleaned up. Building permits in the North Complex Fire area will
not be issued until after a property has been cleared of Fire
Debris and Hazardous Materials. The Butte County Health Officer
has identified health hazards in the Fire Debris and Hazardous
Materials in the North Complex 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,
including dangers resulting from fire -damaged or hazard trees.
Property owners and residents must do their own investigation to
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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 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 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
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
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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
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 29th day of September, 2020 by the
following vote:
AYES: Supervisors Connelly, Lucero, Ritter, Teeter and Chair Lambert
NOES: None
ABSENT: None
L-Az3*qA*k1=1
STEVELAMB Cour?
Chair
Butte y
Board of Supervisors
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By: c
Det
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