Butte County Municipal Code Art. I Findings and Title

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 (⅘) 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 53 of the Butte County Code, including Ordinance Nos. 4154, 4155, 4156, 4158, 4160, 4164, 4165, 4168, 4171, 4174, 4176, 4177, 4180, 4181, 4184, 4187, 4193, 4194, 4204, 4211, 4219. The findings supporting these ordinances are incorporated into this urgency ordinance by reference.

B. 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.

C. On November 8, 2018, the County Administrator of the County of Butte proclaimed the existence of a local emergency within Butte County due to the Camp Fire.

D. On November 8, 2018, the Acting Governor of the State of California proclaimed a State of Emergency for Butte County pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code, and on November 14, 2018, the Governor issued Executive Order B-57-18 concerning the Camp Fire.

E. On November 9, 2018, Dr. Andrew Miller, Butte County's Local Health Officer, issued a Declaration of Health Emergency.

F. 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) and ratified Dr. Miller's Declaration of Health Emergency.

G. 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.

H. Although the Camp Fire occurred almost four (4) 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 anticipated. There remains an immediate need for housing to accommodate persons who have been displaced by the Camp Fire. The Camp Fire destroyed three thousand two hundred thirty-nine (3,239) residences in the unincorporated area of the County, but as of October 25, 2022, less than four hundred (394) single-family dwellings have been approved for residential occupancy for Camp Fire survivors. 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.

I. The California Department of Housing and Community Development has allocated approximately one hundred sixty-four million sixty thousand dollars ($164,600,000.00) to jurisdictions in Butte County for CDBG-DR/statewide multifamily housing program projects, which included approximately seventy-one million dollars ($71,100,000.00) to the County. Each local jurisdiction anticipates spending their full allocation on projects, which would bring an additional nine hundred sixty (960) affordable housing units to the local communities if all are fully built. CDBG-DR funding only provides forty (40) percent of the financing for a project and developers will need to secure full project funding to construct the housing units. As of July 2022, thirteen (13) projects had received conditional commitments of funding and two (2) projects have received a notice to proceed. Two (2) projects have broken ground. The deadline for obtaining Certificates of Occupancy is May 31, 2026 and most projects are anticipated to complete construction close to this deadline.

J. As of October 25, 2022, the status of the Camp Fire disaster recovery 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 and the County plans to record liens upon receipt of abatement costs from the state, (4) utilities and public services are available, (5) Paradise Irrigation District has completed its voluntary water quality assurance testing and drinking water has been restored to the Camp Fire area, (6) numerous businesses have opened to serve the public, (7) "dry camping" on parcels where the Camp Fire destroyed a residence is no longer allowed under Butte County Code and code enforcement efforts to end this practice have begun, (8) inside the Camp Fire Area, the Department of Development Services has received five hundred fifty-seven (557) building permit applications, issued four hundred ninety-three (493) building permits and finaled for occupancy three hundred forty-four (344) permits for Camp Fire survivors, and (9) outside the Camp Fire Area, the Department of Development Services has received thirty-nine (39) building permit applications, issued thirty-nine (39) building permits and finaled for occupancy twenty-nine (29) permits for Camp Fire survivors. Current threats to recovery include numerous obstacles to rebuilding the Camp Fire area, including (1) a lack of available housing, (2) delays in determinations of PG&E Fire Victim Trust ("Trust") awards, (3) for those residents that have received a favorable determination from the Trust, receipt of pro rata payments of only forty-five (45) percent of the full Trust award determination payments, (4) uncertainty regarding the timing of additional pro rata payments and dollar amounts of the remaining unpaid portions of the Trust award determinations, (5) residents reporting legal advice to not to sell their property until Fire Victim Trust payments have been awarded, (6) increased costs of labor and materials as a result of the COVID-19 pandemic shutdown, (7) supply chain issues, (8) delays in the State's implementation of the RecoverCA housing program, which is funded by CDBG-DR, to assist low and moderate income households with grants to rebuild homes destroyed by the Camp Fire 9) an economic downturn and inflation, all of which contribute to residents being unable to rebuild their homes. Many Camp 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 temporary housing measures for an additional year and to require owners of parcels within the sphere of influence of the Town of Paradise to apply for a building permit, so long as an owner has filed a rebuild permit application.

K. 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.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4155, § 2, 2-4-19; Ord. No. 4156, § 1, 2-12-19; Ord. No. 4158, § 1, 2-26-19; Ord. No. 4160, § 1, 4-23-19; Ord. No. 4164, § 1, 7-23-19; Ord. No. 4165, § 1, 8-13-19; Ord. No. 4168, § 1, 9-10-19; Ord. No. 4171, § 1, 10-22-19; Ord. No. 4174, § 1, 11-5-2019; Ord. No. 4176, § 1, 11-19-19; Ord. No. 4177, § 1, 12-17-19; Ord. No. 4180, § 1, 2-11-20; Ord. No. 4181, § 1, 3-10-20; Ord. No. 4184, § 1, 7-21-20; Ord. No. 4187, § 1, 9-29-20; Ord. No. 4193, § 1, 1-12-21; Ord. No. 4194, § 1, 1-12-21; Ord. No. 4204, § 1, 6-22-21; Ord. No. 4211, § 1, 11-9-21; Ord. No. 4219, § 1, 2-22-22; Ord. No. 4221, § 1, 10-25-22)

This chapter shall be known and may be cited as the Camp Fire Disaster Recovery Ordinance.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4221, § 1, 10-25-22)