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Urgency Ordinance No. 4231
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE CHAPTER 549 "NORTH
COMPLEX FIRE RECOVERY" OF THE BUTTE COUNTY CODE AMENDING
ARTICLES II, III AND IV TO EXTEND THE TEMPORARY HOUSING PROVISIONS'
EFFECTIVE PERIOD THROUGH JUNE 30, 2025; AND, TO EXTEND THE
TRANSITORY PERIOD THROUGH JUNE 30, 2024; AND, REMOVING THE
FOLLOWING ALLOWED USES: FEMA TEMPORARY HOUSING SITES, TRUCK
AND EQUIPMENT STAGING AND LAYDOWN YARDS, TEMPORARY LOG
STORAGE YARDS, AND BASECAMPS
(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. Previously, the Board of Supervisors approved findings associated with urgency
ordinances relating to Chapter 54 of the Butte County Code, including Ordinance Nos.
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4186, 4188, 4190, 4195 and 4200. The findings supporting these ordinances are
incorporated into this urgency ordinance by reference.
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
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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.
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.
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.
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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.
On September 15, 2020, the Board of Supervisors ratified Dr. Bernstein's Declaration of a
Local Health Emergency.
As of October 10, 2023, the status of the North Complex Fire area is as follows: (1) Phase
I hazardous household waste cleanup is complete, (2) Phase II structural ash and debris
cleanup is complete, (3) Hazard Tree removal from eligible parcels and/or roads is
complete, (4) the County plans to record liens on abated parcels upon receipt of abatement
costs from the state, (5) utilities and public services are available, (6) numerous businesses
have opened to serve the public, (7) inside the North Complex Fire area, the Department
of Development Services has received I I I building permit applications, issued 88 building
permits and finaled for occupancy 50 permits for North Complex Fire survivors, (8) outside
the North Complex Fire area, the Department of Development Services has received 0
building permit applications, issued 0 building permits and finaled for occupancy 0 permits
for North Complex Fire survivors. Current threats to recovery include numerous obstacles
to rebuilding the North Complex Fire area, including (1) a lack of available housing, (2) a
lack of availability of homeowner's insurance for residents, (3) increased costs of labor
and materials, (4) an economic downturn and inflation, all of which contribute to residents
being unable to rebuild their homes. Many North Complex Fire survivors continue to live
on parcels in RVs while awaiting resolution of the foregoing. The Board of Supervisors
finds it is necessary to extend the transitory housing measures until June 30, 2024 and the
temporary housing measures until June 30, 2025.
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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.
M. It is essential that this Urgency Ordinance become immediately effective to allow sufficient
time and opportunities for the reconstruction of the area and to allow displaced residents
to reinhabit the North Complex Fire area.
Section 1. Section 54-10 is amended as follows:
54-10 Definitions.
For the purposes of this article, the following terms will have the following definitions:
"Alternative Program" means the requirements for inspections, clean up and disposal of Structural
Debris established by the County for property owners that opt out of or are disqualified from the
Government Program.
"Arborist" means an ISA Certified Arborist with a Tree Risk Assessment Qualification (TRAQ).
"Arborist's/Forester's Certification" means a written certification verifying that all hazard trees
have been removed from a parcel participating in the Private Tree Program. The certification shall
be made and executed by an Arborist and/or Forester as defined in this section. The Arborist or
Forester shall provide evidence of the required qualifications of this section.
"Board" means the Board of Supervisors.
"County" means the County of Butte.
"Director of Development Services" means the Director of the Butte County Department of
Development Services.
"Eligible Parcel(s)" means a parcel that is an improved public property.
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"Eligible Road(s)" means a public road or right-of-way.
"Eligible Road(s) or Parcel(s)" means eligible roads or eligible parcels.
Eligible roads or parcels are set forth in the map attached to this Ordinance as Exhibit A.2.
"Enforcement Officer" means the Hazard Tree Enforcement Officer or Structural Debris
Enforcement Officer.
"Fire Debris" means structural debris and hazard trees.
"Forester" means a Registered Professional Forester, qualified pursuant to California Public
Resources Code Section 752, "Professional forester."
"Government Program" means the fire debris cleanup program operated by the Office of
Emergency Services for the North Complex Fire in conjunction with other State and Federal
agencies.
"Hazard Tree" means a wildfire -damaged tree that in the professional opinion of an Arborist and/or
Forester:
A. Has been so severely damaged by the North Complex Fire that its structural integrity is
compromised; and
B. Poses an imminent danger of falling onto an Eligible Road or Parcel.
"Hazard Tree Enforcement Officer" means the Chief Administrative Officer of the County or
his/her designee(s). Such designee(s) may be a County employee(s) or third -party provider(s).
Inspection access form means the permit for providing access to the Enforcement Officer to inspect
private property of owners opting to use the Private Tree Program approved by the County for use
in the cleanup after the North Complex Fire.
"Phase I" means the household hazardous waste cleanup performed by the United States
Environmental Protection Agency and/or Department of Toxic Substances Control on certain
properties impacted by the North Complex Fire.
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"Phase I1" means the ash and debris cleanup work performed pursuant to the Government Program
and/or the Alternative Program.
"Private Action" means the removal of fire debris from private property damaged by the North
Complex Fire by persons disqualified from or opting out of the Government Program and
participating in the Alternative Program.
"Private Tree Program" means the requirements for inspections, removal and disposal of hazard
trees established by the County for property owners that opt out of or are disqualified from the
Government Program. The program provides owners with the option of identifying and removing
Hazard Tree(s) on their property at their own cost.
"Qualifying structure" means a structure of one hundred twenty (120) square feet and over.
"Right of Entry Permit" means the Right -of -Entry Permit for Debris and/or Hazard Tree Removal
on Private Property approved by the California Office of Emergency Services for use in the
cleanup after the North Complex Fire.
"Structural Debris" means the wildfire -generated debris including but not limited to burned or
partially burned structures of one hundred twenty (120) square feet or greater, ash, concrete
foundations, contaminated soil, vehicles, trailers, waste or other debris from the property.
"Structural Debris Enforcement Officer" means the Butte County Director of Public Health and
his/her designee.
other- piles of vegetation reme,.,ed ffem the NeFth Cefnplee Fire affeeted area Me temper-aFily
ster-ed and pr-eeessed bePar-e transfer- to tmeks OF Fail. The logs and vegetation must be asseeiated
"Temper-ai=y Log Storage Yards" means sites (also known as log decks) wher-e piles of logs and
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VIEW
Section 2. Section 54-11 is amended as follows:
54-11 Effective period.
This article relating to fire debris removal shall take effect immediately upon adoption and shall
remain in effect until fire debris removal has been completed on all properties damaged by the
North Complex Fire. Regardless of when fire debris removal has been completed, Seer} 54-20
Felating to teMpffaFy log storage y aFds, as well as any sections within this article that relate to it,
shall remain in effect until June 30. 2025DeeembeF 31. 2023
Section 3. Section 54-15 C. is amended as follows:
If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public
nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily
retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the
Enforcing Officer's visit to the property to confirm compliance with the Private Tree Program. F4
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the purpeses ef this seetien, any temper-ar-y retention and utilizatien ef felled hazard trees by t
Owners may not receive felled trees from other properties.
Section 4. Section 54-20 is repealed as follows:
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I �l1 Fe,.iResidential Planned n .,ol,-...... ,nn
D. StandaMs. AN temper-at-1, iog storage yards shall meet the following standar
Owner's authorized agent shall obiain a tempefary admini !it fOF the eff-ective peFi
(2) Site Plan ReqUiFed. A detailed site plan meeting i C ee
standards, legible and drawn to seale that shows all the pfoposed activities that will
as well as the apffWvimate location of each activity. shail be pFevided Nvith the applieation fbFe
hmig as a vicinity map for the entire propei-ty showing i�ontage SIFeets. otheF uses and a eFes-s-
Fefefence
at max i M Lill! veFtieal intervals Of Five (5) feet; aFeas of pr-oposed gFading and PH. the width e-f
aeeess Foads to and aFound pafking, log piles and othef piles. and- buildiHgs; and tM-!IaFOkmd areas
t4 fiFe and emer-geney SeFN'ices. Any ehange in the type of aetivity that will occ-uF on site of the
surfoun #ing pfoper-ties,
Pareel Size. The WHIPORIF5'
lOe site shall b- of five (5) acres in the
(4)
StOFage yaFd-
-ea
fOF lee Adjaeent may be
Fegardless of the actual at Used
the
the tempefary storage yafd. parcels
utilized to achieve stwidard.
provided eaeli Owner's.
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3. Limit N,ehiele speeds te fifteen (15) miles per hour on any unpaved suFfaees at the pr-ejeet
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4. Clean visible tr-aek eut efite adjacent payed roadways daily. Treele out shall not ext
meFe than twenty fi,.,e (25) feet in ceumulatiw length ffem the aetive pr-ejeet site.
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as well as all additienal eenvietiens. hin a twelve (1-2) month period.
Section 5. Section 54-32 is amended to read as follows:
54-32 Effective period.
The provisions in this article shall remain in effect until June 30. 2025PeeembeF 21 2023',
unless otherwise specified herein, subject to extension or modification by the Board of
Supervisors.
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. Section 54-33 is amended to read as follows:
154-33 Definitions.
Except where the context clearly indicates otherwise, the following definitions shall govern the
construction of the words and phrases used in the article:
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"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
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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 Seper-�,iser-s Supervisors' adoption of this article.
"
"Mobile/manufactured home." A housing structure transportable in one (1) or more sections,
designed and equipped to be used with or without a foundation system, certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. section 5401 et
seq.). The County shall not grant a permit for the installation of a mobile/manufactured home if
such mobile/manufactured home is older than ten (10) years of age. The age measurement period
shall be from the year of manufacture of the home to the year of the permit application.
Mobile/manufactured home does not include recreational vehicle, park trailer, or commercial
modular as defined in Division 13, Part 2, Chapter 1, of the Health and Safety Code.
"Movable Tiny House." A movable tiny house is a structure utilized as living quarters by one (1)
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 one hundred fifty (150) square feet, and has no
more than four hundred thirty (430) square feet of habitable living space.
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"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 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 and sewage tanks and designed for human habitation for
recreational or emergency occupancy; (2) self-propelled, truck -mounted, or permanently towable
on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle, or a
similar vehicle or structure as determined by the Director.
"Recreational Vehicle Park." A commercial use providing space for the accommodation of more
than two (2) recreational vehicles for recreational or emergency housing for displaced persons, or
for transient employee lodging .
"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.
"Temper-afy Truek" and "Equipment Staging and Laydewn Yar-d." An approved area used for- the
hazmdeus materials. and the storage of materials used to facilitate the and hauling away
of fire debris and hazwdeus materials, as paft of the But* County NeAh Complex Fire
Conselidated DebFis Removal PFBgr-am. �ie FiFe debris or- hazafdeus materials Fnay be bfeught onto
Iff
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PRO
"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 June 30, 2024. D eembe.. 31,2023
Section 7. Section 54-34 is amended as follows:
54-34 Residential use of recreational vehicles and temporary dwellings.
Mapping,(Medium Density Residential), MHDR (Mediam High Density Residential), HDR (High Density
Residential). RBP (Reseafeh and Business Park). PD (Planned Development). P (Publie), and
Commer-eial and industrial zones; and. in AG (Agrieultur-e) zones when an appr-eved, iia!
speeifie plan e*ists, and when said speeifie plan is i-d-entified under- the Butt- r1oun-W Ge eFal Plan,
other lands as defined by the State FaFFnIand
having a eeffibined par -eel size greater- than twenty (20) I-S ____ subjeet te all addifienal
r-equir-ements, sueh as the three hundred (300) feet-Wieultural buffer-, Oeedzenes, M., -i.,of4 land
and Monitoring Wegr-afia and
RA. 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
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allowed for the transitory period. Use after the transitory period shall be subject to a
temporary administrative permit, full hook-ups to water, sewage disposal, and electricity,
and subject to the applicable standards set forth in Subsection E, Standards.
Temporary Dwellings with Utility Hook-ups. Residential use and occupancy of up to two
(2) temporary dwellings utilizing hook-ups for water, sewage disposal, and electricity shall
be allowed during the effective period of this article subject to a temporary administrative
permit, and subject to the applicable requirements set forth in Subsection E, Standards.
DC. 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), withill the City
of Chiee sphere of Inoue, ,e 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 twenty (20) acres and subject to all additional requirements, such as the
three hundred (300) foot agricultural buffer, flood zones, and airport land use compatibility
zones shall be allowed for the transitory period. Temporary recreational vehicle parks that
are served with water, sewage disposal, and electricity hook-ups may continue for the
effective period of this article. Baseeamp ��ures may be leeated in the Same Zenes as
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rqFTM_____ _ .• -_ ___--__—__ __� I�
=!� Tt����l���l -aAJ-,\ �.\- un g l.Jtll:tl�lt�l•}�1 �1!tt!l��1 ��1•ti•toT — -
Temporary recreational vehicle
parks and basee mp features are subject to a temporary administrative permit and subject
to the applicable requirements set forth under Subsection BD, Standards.
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.
Recreational vehicles and temporary dwellings shall have full hook-ups to water, sewage
disposal, and electricity.
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.
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.
The residential use of recreational vehicles and temporary dwellings is limited to vehicles
and dwellings not on a permanent foundation and used to house displaced persons during
the effective period set forth in 54-32 above.
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.
The residential use of recreational vehicles and temporary dwellings shall be located
outside of the boundaries of any recorded easements.
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The recreational vehicle, baseeamp f *,ern, or temporary dwelling shall be connected to
an approved source of water meeting one (1) 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.
The recreational vehicle, baseeamp featwe, or temporary dwelling shall be connected to
an approved sewage disposal system meeting one (1) of the following criteria:
a. Public sewer system;
b. Existing on -site sewage disposal system that has been approved by the Department
of Public Health, Environmental Health Division to be intact, adequately sized, and
functioning following the disaster;
C. Temporary holding tank with a contract with a pumping company for regular
pumping. A copy of the contract shall be provided to the Department of Public
Health, Environmental Health Division; or
d. Other method of sewage disposal approved by the Department of Public Health,
Environmental Health Division.
The recreational vehicle, baseeamp F ^ we, or temporary dwelling shall be connected to
an approved source of electricity meeting one (1) of the following criteria:
a. Permitted electrical service hook-up; or
b. Other power source approved by the Director.
The following additional standards apply to temporary recreational vehicle parks —and
baseeamp features:
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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
the City of Gnee—sphere of influenee VLDCR (Very Low Density Country
Residential) zoned parcels which shall be a minimum total of five (5) acres as
discussed in subsection (E)(11) below, parcels shall be a minimum of two (2) acres
in size.
b. All areas occupied by recreational vehicles an&eF baseeamp featums and access
aisles, driveways, and roads shall have an all-weather surface capable of supporting
a forty thousand (40,000) lb. load that will allow for ingress and egress of fire
apparatus to within one hundred fifty (150) feet of all units and a vertical clearance
of no less than fifteen (15) feet.
C. Driveways and aisles shall have a minimum width of twenty-five (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.
The following additional standards apply to temporary recreational vehicle parks and
hasecamp features in the FR (Foothill Residential), RR (Rural Residential), and •. ithi., t
City e fChiee sphere efinfluence VLDCR (Very Low Density Country Residential) zones.
a-. Baseeamps are net per-m4ed-.
b} a. Parcels shall be a minimum of five (5) acres in size.
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Eb. No more than two (2) recreational vehicles shall be allowed per acre.
d:c. There shall be a 25-foot setback from all property lines for all recreational vehicles
and related improvements.
e d. Quiet hours shall be maintained from 10:00 p.m. to 7:00 a.m., during which
generators shall not be operated and noise levels shall conform to Butte County
Code Chapter 41 A, Noise Control.
Vie. 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-f. One (1) on -site parking space shall be provided per recreational vehicle.
Each temporary administrative permit application for a temporary recreational vehicle park
and baseeamp feature shall be accompanied by a detailed plan for the restoration or
reclamation of the subject property to the satisfaction of the Director. At minimum, a plan
for restoration or reclamation shall include clearance of the site of all recreational vehicles
and related structures and removal of all-weather surfaces and utilities constructed for said
park unless there is a separate application under the Zoning Ordinance to permit the
improvements.
Lands upon which temporary recreational vehicle parks and baseeamp feawes 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 one thousand dollars ($1,000.00) per acre of land disturbed by the temporary recreational
vehicle park and baseeamp 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
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shall be reclaimed to the satisfaction of the Director prior to release of the performance
guarantee.
Section 8. Section 54-39 is repealed as follows:
i . On aii appr-eved mining site when the Direeter- determines the yar-d will not inter-feFe With
the mining site's r-eelainatien and appr-eved end use,
_. ,
(general industrial). and 141 (HeaNy industrial) zenes.
this artiele. Written eensent ef the pFeperty ownef is required in all eases.
2. Site Plan Required. A detailed site plan ier-al afvhiteettir-al or en-' 5
standards, legible and drawn to seale shall be -proyided with the appkeatien fer- a temper-aFy
the aFea ef the paf4ial site plan is pr-e-vided. All site p4ans shall show and label eeateur-s at maximum
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zone in wilich it is located-
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Ir—A. and equipment stagint
o
as provided by Seetion 24 13 — Me Butte County Code in the amount of ofie thousan,
The
may be subject to
Additional Requit-ements.
tempowy adfiIiijisti-ative
permit
County Fire. Butte
4 4.1• W' I. the tZ.,,«e r,,,..,...
additional requi-ements
fi-em Butte
Regional Water- Quality
Contfol Boaf4-.
SeR'iees
a mailed notice to pfoperty
Butte County DepaFtment
of Deveiepment shall pFevide
feet --reel. The notice
shall iiielude all appli
ov.ners viiiii-in thFee
hundr-ed (300) of
as well as
the nanie—.-pliene nam.beF atid
yafd. the Butte County
adniinistrative permit numbev.
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Section 9. Section 54-50 is amended to read as follows:
Section 54-50 Purpose.
Over two thousand two hundred forty-eight (2,248) structures were destroyed or damaged, of
which one thousand four hundred 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 be 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 b
debris Femoval pFegFam must be implemented and. at the safne , provide interim shelter for
Butte County residents on private property during the rebuilding process this housing ^"`i•
Section 10. Section 54-52 is amended to read as follows:
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54-52 Effective period.
A. The provisions in this article shall remain in effect until Peeember- 3'-,- 0-24 une
30, 2025, 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 11. Section 54-53 is amended to read as follows:
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:
r-eelamatien plan and finaneial assur-anee for saFfaee mining eperatiens, as required in Butte
"Appreyed Mining Site." The peFtien of a par -eel or paFeels of land with a valid mining peFfflit,
"Gal OcEs " The r ' Offl fc Se o
L>I11�,.1 b�rn e J'
s.
"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
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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 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.
"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 home does not include recreational vehicle, park trailer, or commercial
modular as defined in Division 13, Part 2, Chapter 1, of the Health and Safety Code.
"Movable Tiny House." A movable tiny house is a structure utilized as living quarters by one (1)
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
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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 one hundred fifty (150) square feet, and has no
more than four hundred thirty (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 thirty-nine (2,139) structures have been destroyed or
damaged, of which one thousand three hundred 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.
"Qualifying Structure." A structure of one hundred twenty (120) square feet and over.
"Recreational Vehicle." A motor home, travel trailer, truck camper or camping trailer that is: (1)
self-contained with potable water and sewage tanks and designed for human habitation for
recreational or emergency occupancy; (2) self-propelled, truck -mounted, or permanently towable
on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle, or a
similar vehicle or structure as determined by the Director.
"Recreational Vehicle Park." A commercial use providing space for the accommodation of more
than two (2) 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.
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VV
a�.•w.���.��..���w•
�1 f.�w���AY•f�,Y!1f1
f1f 1��=.111f��f
jflf�->• !•
JM_ MI
"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 Deeember 31. 2023June 30, 2024.
Section 12. Section 54-57 is amended to read as follows:
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
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county permits for all temporary dwellings that are hooked -up to utilities. Written consent
of the property owner is required in all cases.
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.
Use of temporary dwellings is contingent on proof of a damaged or destroyed residence as
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verified by the Director based on prior final building permit or Assessor's records, or other
documentation satisfactory to the Director.
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.
At all times, use of a cargo storage container shall be for storage of personal and household
belongings only.
For water hook-ups, the recreational vehicle, baseeamp feature. or temporary dwelling
shall be connected to an approved source of water meeting one (1) of the following criteria:
l . 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.
For sewage disposal hook-ups, the recreational vehicle, , or temporary
dwelling shall be connected to an approved sewage disposal system meeting one (1) 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
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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.
For electricity hook-ups, the recreational vehicle, baseewnp feature, or temporary dwelling
shall be connected to an approved source of electricity meeting one (1) of the following
criteria:
1. Permitted electrical service hook-up; or
2. Other power source approved by the Director.
Section 13. Section 54-58 is repealed as follows:
M W.M. Ww"Puffln
"MIT,.. .rIPTIM._.•
REM... .•
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Section 114. Section 54-59 is amended as follows:
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54-598 Temporary Recreational Vehicle Parks.
The establishment of temporary recreational vehicle parks without 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 Health, 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 twenty (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 until June 30. 2025r the effeetive ..,...",a sat r_"t" in Seetien `452• BaSeeamp
features may be leeated in the same zones as temper-at=y r-eer-eational vehiele pafks, emeept for- the
FR (Foothill Residential) and RR (Rural Residential) zones. Additienally, baseeafap features may
Temporary
recreational vehicle parks and basee mp fat„ er 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:
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 car- is two (2) acres.
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I C.
IE
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IF
All areas occupied by recreational vehicles afi&OF baseeamp featufes and access aisles,
driveways, and roads shall have an all-weather surface capable of supporting a forty
thousand (40,000) lb. load that will allow for ingress and egress of fire apparatus to within
one hundred fifty (150) feet of all units and a vertical clearance of no less than fifteen (15)
feet.
Driveways and aisles shall have a minimum width of twenty-five (25) feet.
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.
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.
The following additional standards apply to temporary recreational vehicle parks aPA
basee mp features in the FR (Foothill Residential) and RR (Rural Residential) zones.
a. Baseeamps are net pefmitted.
1}a. Parcels shall be a minimum five (5) acres in size.
e b. No more than two (2) recreational vehicles shall be allowed per acre.
Vic. There shall be a 25-foot setback from all property lines for all recreational vehicles
and related improvements.
e d. Quiet hours shall be maintained from 10:00 p.m. to 7:00 a.m., during which
generators shall not be operated and noise levels shall conform to Butte County
Code Chapter 41 A, Noise Control.
Vie. 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
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accordance with the Butte County Zoning Ordinance, Article 14, Outdoor Lighting.
gf. One (1) on -site parking space shall be provided per recreational vehicle.
Each temporary administrative permit application for a temporary recreational vehicle park
and basee mp f pAufe shall be accompanied by a detailed plan for the restoration or
reclamation of the subject property to the satisfaction of the Director. At minimum, a plan
for restoration or reclamation shall include clearance of the site of all recreational vehicles
and related structures and removal of all-weather surfaces and utilities constructed for said
park unless there is a separate application under the Zoning Ordinance to permit the
improvements.
Lands upon which temporary recreational vehicle parks and baseeamp 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 one thousand dollars ($1,000.00) per acre of land disturbed by the temporary recreational
vehicle park and 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 15. Section 54-60 is amended to read as follows:
54-6059 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
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and current building standards.
Section 16. Section 54-61 is repealed as follows:
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Section 17. Section 54-62 is amended as follows:
54-62-0 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 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 18. Section 54-63 is amended as follows:
54-631 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,
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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
of Public Health, Environmental Health Division as interim housing for Displaced Persons.
Section 19. Section 54-64 is amended as follows:
54-642 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 renovations are required. Nothing in this article waives or affects
any State law requirements applicable to such facilities.
Section 20. Section 54-65 is amended as follows:
54-6-3 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 thirty (30) days of a final inspection or the issuance
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of a certificate of occupancy for a replacement dwelling, whichever is earliest.
Section 21. Section 54-66 is amended as follows:
54-664 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 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.
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Section 22. Section 54-67 is repealed as follows:
OMM of
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b. Mobile and stationatty temie air- centaminants; and
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Section 23. Section 24-68 is amended as follows:
54-685 Extension of regulations for limited density owner -built rural dwellings to parcels in
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the North Complex Fire Area.
A. Notwithstanding any contrary provision in the Butte County Code and for the purposes of
this Article, the definition of the term "Rural" (as currently defined in Butte County Code
section 26-63) will include legal parcels in the North Complex Fire area which are (1) less
than one (1) acre in size and (2) in the Very Low Density Residential (VLDR), Low Density
Residential (LDR) or Medium Density Residential (MDR) zones. The owner(s) of such
parcels are permitted to utilize Article VI of Chapter 26 of the Butte County Code,
"Regulations for Limited Density Owner -Built Rural Dwellings" for rebuilding structures
that were destroyed in the North Complex Fire disaster. Such legal parcels are depicted on
Exhibit B attached to Ord. No. 4195 , adopted January, 12, 2021.
Notwithstanding the foregoing, generators are not permitted as the primary source of power
for structures in the Very Low Density Residential (VLDR), Low Density Residential
(LDR) or Medium Density Residential (MDR) zones.
Section 24. CEQA Exemption.
Adoption of this Ordinance is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to California Public Resources Code section 21080(b)(3) regarding projects
to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a
declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency,
and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing,
or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in
which a state of emergency has been proclaimed by the Governor pursuant to the California
Emergency Services Act, commencing with Section 8550 of the California Government Code.
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Section 25. 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 26. 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 101h day of October, 2023 by the following vote:
AYES: Supervisors Connelly, Durfee, Teeter, Ritter and Chair Kimmelshue
NOES: None
ABSENT: None
ABSTAIN: None
Tod Kimmel hue. Chair
Butte Cou y Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
n,
By`-- j
Deputy
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