HomeMy WebLinkAbout42111
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Ordinance No.4211
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE
AMENDING CHAPTER 53, ENTITLED "CAMP FIRE RECOVERY",
BY EXTENDING THE EFFECTIVE PERIOD TO DECEMBER 31, 2022,
BUT ALLOWING THE TRANSITORY PERIOD TO EXPIRE ON MARCH 31, 2022
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.
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On November 8, 2018, the Acting Governor of the State of
California proclaimed a State of Emergency for Butte County
pursuant to the California Emergency Services Act, commencing
with Section 8550 of the Government Code, and on November 14,
2018, the Governor issued Executive Order B-57-18 concerning the
Camp Fire.
On November 9, 2018, the Camp Fire was still burning through the
County and despite firefighters' best efforts, the wildfire was
not contained. Evacuation orders were in place and numerous
severe public health and safety hazards were present in the Camp
Fire area, including many blocked roads from fallen power lines,
burned trees and vehicles, numerous burned vehicles were left
throughout the Camp Fire area due to survivors fleeing their
vehicles in efforts to survive the wildfire, no available
utilities, no available public services and the presence of
human remains and animal carcasses. At the time, the County
estimated that 2,000 structures had burned in the Camp Fire.
On November 9, 2018, Dr. Andrew Miller, Butte County's Local
Health Officer, issued a Declaration of Health Emergency
pursuant to California Health and Safety Code section 101080.
Dr. Miller's declaration stated that the local health emergency
was a consequence of the debris resulting from the 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,
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infectious or communicable disease, chemical agents, non-
communicable biologic agents, toxins and/or radioactive agents
present at the time in the Camp Fire area. The threats included
(1) the enormous amount of fire debris present in the Camp Fire
area, including ash and debris containing hazardous materials
and probable radioactive materials present in ash and debris)
from qualifying structures, (2) the threat of infectious or
communicable disease and/or non -communicable biologic agents due,
to animal carcasses, radioactive waste and perishable foods, (3)
the potential contamination or destruction of the residential
and commercial water supply in the Camp Fire area and (4) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures.
On November 12, 2018, the President of the United States declared
the existence of a major disaster in the State of California,
providing assistance from many federal agencies, including the
Federal Emergency Management Agency (FEMA).
On November 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,
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and that the Federal Government expedite access to federal
resources and any other appropriate federal disaster relief
program.
T. 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
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structures. At the time, the County estimated that the Camp Fire I
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
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area and (5) the potential pollution of the drinking water
downstream from the Camp Fire area if weather conditions caused
the spread of the hazardous materials in the ash and debris of
burned qualifying structures.
L. The Camp Fire to date has consumed 153,336 acres and has led to
the destruction of 13,696 residences, damage to 462 residences,
the destruction of 276 multiple family residences, the
destruction of 528 commercial buildings, damage to 102
commercial buildings, the destruction of 4,293 other minor
structures, and resulted in the evacuation of over 50,000
people. As a result, the Camp Fire has created an enormous amount
of debris.
M. There exists the potential for widespread toxic exposures and
threats to public health and the environment in the aftermath
of a major wildfire disaster, and debris and ash from residential
and commercial structure fires contain hazardous materials and
the harmful health effects of hazardous materials produced by a
wildfire are well-documented.
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.
0. Exposure to hazardous materials may lead to acute and chronic
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health effects and may cause long-term public health and
environmental impacts. Uncontrolled hazardous materials and
debris pose significant threats to public health through
inhalation of dust particles and contamination of drinking water
supplies. Improper handling can expose residents and workers to
toxic materials, and improper transport and disposal of fire
debris can spread hazardous substances throughout the community.
Standards and removal procedures are needed immediately to
protect the public health and environment, and to facilitate
coordinated and effective mitigation of the risks to the public
health and environment from the health hazards generated by the
Camp Fire disaster.
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, November 19, 2019,
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December 17, 2019, February 11, 2020, March 10, 2020, and O'ulyl
21, 2020. The actions addressed the need for the regulation of
debris removal to alleviate the public health, safety and
welfare concerns associated with the ash and debris of
qualifying structures and temporary emergency housing options.
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
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the Camp Fire.
The Debris Removal Operations Plan for the Camp Fire prepared
by the CalOES/CalRecycle Incident Management Team provides that
the DISC 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.
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
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and environment; (3) therefore, the County's focus must be on
accomplishment of the Phase II cleanup to address the public
health hazards; (4) the standard for determining when a property
is clean from ash and debris from a qualifying structure is when
the Phase II cleanup work is complete and the property is
certified clean by the Department of Public Health,
Environmental Health Division; (5) as ash and debris of
qualifying structures is the focus of the Phase II cleanup work,
the significance of the public health risks is higher on
properties with ash and debris from a qualifying structure; (6)
given the progress the Camp Fire disaster recovery has made with
respect to the hazards identified in the findings above, the
remaining significant public health hazard is the ash and debris
from qualifying structures; (7) based on the foregoing,
properties that contain ash and debris from 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
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allow for additional housing both inside and outside of the Camp
Fire affected area for displaced persons. Due to the magnitude
of the destruction, there is a need to provide for sufficient
housing options both inside and outside of the Camp Fire affected
area.
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)
(CalOFS) 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
1 The criteria for hazard trees for this purpose is set out in Section JJ.
below.
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complete are sheltering at non -congregate shelters at Lime
Saddle and DeSabla campgrounds; and (8) Camp Fire survivors are
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
Fire Hazard Severity Zone as shown on the California Department
of Forestry and Fire 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 wind 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
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regrowth. The understory grass and brush can precipitate the
start and spread of fire with hundreds of thousands of dead
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 Fire area, which could lead to
increased loss of life during a future fire.
BB. Of paramount importance to the Board and the residents of the
County is the protection of lives and property from the threat
of fare, 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 fires,
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which increases the future fire risks in the Camp Fare area.
The County Fire Chief has stated that the remaining fire damaged
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
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of the purchasing power in the community. The loss ofli
approximately 14,000 homes in the Camp Fire area and the
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
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recover is for homes and structures to be rebuilt and property)
values, and therefore property taxes, to increase. Property taxi
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 -
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;
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• Have a diameter of six inches or greater measured 4.5 feet
above ground level;
• 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 -
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maintained roads due to falling trees; and (2) the increased)
threat of catastrophic wildfire to the Camp Fire area and
surrounding area.
100. A purpose of this Article is to establish a Hazard Tree abatement
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
••
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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.
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Hazard Trees (as defined below) that:
(1) are rooted on private property; and
(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.
TT. Some single-family dwellings damaged or destroyed in the Camp
Fire are located in the Butte Creek Canyon (-BCC) Overlay Zone
IUU
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 and a half 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
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zoning regulations to allow for additional housing both inside
and outside of the Camp Fire affected area for displaced persons.
Due to the magnitude of the destruction, there is a need to
provide for sufficient housing options both inside and outside
of the Camp Fire affected area. For this reason, the Board of
Supervisors finds that it is necessary that the Transitory'
Period be extended to December 31, 2020.
VV. Almost two years after the Camp Fire, there remains an immediate
need for housing to accommodate persons who have been displaced
by the Camp Fare. 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.
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, and there is a need to allow
more time to pursue the housing options. For this reason, the
Board of Supervisors finds that it is necessary that the
Effective Period and the Transitory Period be extended to
December 31, 2021, and that the time to reconstruct legal
nonconforming structures be extended.
WW. Although the Camp Fire occurred three years ago, the process of
rebuilding the thousands of residences that were damaged or
destroyed and reestablishing the lives of those who lost their
residences and possessions has taken much longer than
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anticipated. There remains an immediate need for housing to
accommodate persons who have been displaced by the Camp Fire.
Because so 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. 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, and there is a need to allow more time to
pursue the housing options. For this reason, the Board of
Supervisors finds that it is necessary that the Effective Period
be extended to December 31, 2022. By contrast, the Board finds
that the time for occupying land without the utilities deemed
necessary for human habitation has been reduced and, thus, the
Transitory Period will be allowed to expire on March 31, 2022.
XX. It is essential that this Ordinance become immediately effective
to allow sufficient time and opportunities for the
reconstruction of the area and to allow displaced residents to
reinhabit the Camp Fire area.
Section 2. Section 53--11 is amended to read as follows:
Section 53-11. Effective Period.
This Article relating to debris removal shall take effect immediately
upon adoption and shall remain in effect until the removal of fire
debris has been completed on all properties damaged by the Camp Fire.
Regardless of when the removal of fire debris has been completed,
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Section 53-19 relating to Temporary Log Storage Yards, as well as any
sections within this Article that relate to it, shall remain in effect
until December 31, 2022, unless otherwise specified herein, subject
to extension or modification by the Board of Supervisors.
Section 3. Section 53-32 is amended to read as follows:
Section 53-32. Effective Period.
A. The provisions in this article shall remain in effect until
December 31, 2022, unless otherwise specified herein, subject
to extension or modification by the Board of Supervisors. Unless
extended or modified by the Board of Supervisors, this article
shall expire on December 31, 2022, and be of no further force
or effect.
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 4. The definition of "Transitory Period" in Section 53-33 is
amended to read as follows:
Section 53-33. Definitions.
"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 March 31, 2022.
Section 5. Section 53-52 is amended to read as follows:
Section 53-52. Effective Period.
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A. The provisions in this article shall remain in effect until
December 31, 2022, unless otherwise specified herein,
subject to extension or modification by the Board of
Supervisors. Unless extended or modified by the Board of
Supervisors, this article shall expire on December 31,
2022, and be of no further force or effect.
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 6. The definition of "Transitory Period" in Section 53-53 is
)amended to read as follows:
Section 53-53. Definitions.
"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 March 31, 2022.
Section 7. 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
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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 8. Severability. 1f 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 they
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 9. 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 9th day of November, 2021 by the following
vote:
AYES: Supervisors Lucero, Ritter, Kimmelshue, Teeter and Chair
Connelly
NOES: None
ABSENT: None
NOT VOTING: None
'11, &Utl
BILI; CONNELLY, Cha ir!!��L
Butte County Board of Supervisors
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By:
eputy
M