Butte County Municipal Code Art. III Emergency Interim Housing Outside the Camp Fire Area

This article is enacted for the purpose of temporarily modifying various Zoning Ordinance regulations and policies to allow the fastest possible transition of residents made homeless or displaced by the Camp Fire to interim and long-term shelter. The article relaxes certain standards in the Zoning Ordinance to allow for additional temporary housing opportunities outside of the boundaries of the Camp Fire to meet the urgent need for housing of displaced persons. This article does not address standards that will be required when displaced persons return to their properties within the boundaries of the Camp Fire. Those standards will be addressed in an article below.

(Ord. No. 4154, § 2, 1-29-19)

This article shall be administered under the direction of the Board of Supervisors, by and through the Director and other departments specified herein.

(Ord. No. 4154, § 2, 1-29-19)

A. The provisions in this article shall remain in effect until December 31, 2023, unless otherwise specified herein, subject to extension or modification by the Board of Supervisors. Unless extended or modified by the Board of Supervisors, this article shall expire on December 31, 2023, 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.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4187, § 3, 9-29-20; Ord. No. 4211, § 3, 11-9-21; Ord. No. 4221, § 3, 10-25-22)

Except where the context clearly indicates otherwise, the following definitions shall govern the construction of the words" and "phrases used in the article:

"Approved mining site." The portion of a parcel or parcels of land with a valid mining permit, reclamation plan and financial assurance for surface mining operations, as required in Butte County Code Chapter 13, Article II, Surface Mining and Reclamation.

"Camp Fire." A 153,336-acre wildfire that started near the community of Pulga on November 8, 2018, destroying over eighteen thousand (18,000) structures, which forced the evacuation of the Town of Paradise, Berry Creek, Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow, Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee Hill, and other areas near the Cities of Chico and Oroville, and proclaimed by the Board of Supervisors under Resolution 18-169, as a local emergency, and also proclaimed by then Acting Governor Gavin Newsom as a state of emergency. CAL FIRE maintains a map showing the final boundaries of the Camp Fire, as of November 25, 2018 at one hundred (100) percent containment.

"Director." The Director of the Department of Development Services or his or her authorized representative.

"Displaced person(s)." A county resident or residents whose residential dwelling has been destroyed or damaged by the Camp Fire, such that the resident(s) cannot occupy the dwelling. Displaced person(s) may be required to provide verification to the county to substantiate their eligibility for uses, permits and/or approvals described in this article. Evidence may consist of verification by Federal Emergency Management Agency (FEMA) registration or damage assessment, and/or a driver's license or other government-issued identification card or utility bill, etc. with a physical address showing the resident resided on a legal parcel impacted by the Camp Fire, as determined by the county. Such determination may be made by the Director or other county personnel.

"Effective date." The date of the Board of Supervisors' adoption of 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.

"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.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4156, § 2, 2-12-19; Ord. No. 4158, § 2, 2-26-19; Ord. No. 4160, § 2, 4-23-19; Ord. No. 4164, § 4, 7-23-19; Ord. No. 4177, § 2, 12-17-19; Ord. No. 4184, § 2, 7-21-20; Ord. No. 4187, § 4, 9-29-20; Ord. No. 4211, § 4, 11-9-21; Ord. No. 4221, § 4, 10-25-22)

A. 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 C, Standards.

B. Temporary Recreational Vehicle Parks. The establishment of temporary recreational vehicle parks without requiring hook-ups to water, sewage disposal, and electricity in Commercial, Industrial, FR (Foothill Residential), RR (Rural Residential), within the City of Chico Sphere of Influence VLDCR (Very Low Density Country Residential), PD (Planned Development), P (Public), and RBP (Research and Business Park) zoning districts, and in parking lots of religious and community facilities, and in AG (Agriculture) zones when an approved residential specific plan exists, and when said specific plan is identified under the Butte County General Plan, or in AG (Agriculture) zones located inside a city's approved sphere of influence that are classified as grazing or other lands as defined by the State Farmland Mapping and Monitoring Program and having a combined parcel size greater than 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 until January 1, 2023. Temporary recreational vehicle parks are subject to a temporary administrative permit and subject to the applicable requirements set forth under Subsection C, Standards.

C. Standards. All residential uses of recreational vehicles shall meet the following standards. Use of temporary dwellings shall at all times meet the following standards.

(1) Recreational vehicles and temporary dwellings shall have full hook-ups to water, sewage disposal, and electricity.

(2) The property owner or the property owner's authorized agent shall obtain a temporary administrative permit for the effective period of this article. Written consent of the property owner is required in all cases.

(3) Use of temporary dwellings is contingent on proof of a damaged or destroyed residence as verified by the Director based on prior final building permit or Assessor's records, or other documentation satisfactory to the Director.

(4) The residential use of recreational vehicles and temporary dwellings is limited to vehicles and dwellings not on a permanent foundation and used to house displaced persons during the effective period set forth in Section 53-32 above.

(5) The residential use of recreational vehicles and temporary dwellings shall be located outside of required setbacks established in Chapter 24 of the Butte County Code, unless the applicant can establish to the satisfaction of the Director that there is no other available location outside of the setback area.

(6) The residential use of recreational vehicles and temporary dwellings shall be located outside of the boundaries of any recorded easements.

(7) The recreational vehicle 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.

(8) The recreational vehicle 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.

(9) The recreational vehicle 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.

(10) The following additional standards apply to Temporary Recreational Vehicle Parks:

(a) Except for AG (Agriculture) zoned parcels which shall be a minimum total of twenty (20) acres and FR (Foothill Residential), RR (Rural Residential), and within the City of Chico Sphere of Influence VLDCR (Very Low Density Country Residential) zoned parcels which shall be a minimum total of five (5) acres as discussed in subsection (E)(11) below, parcels shall be a minimum of two (2) acres in size.

(b) All areas occupied by recreational vehicles and 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.

(11) The following additional standards apply to Temporary Recreational Vehicle Parks in the FR (Foothill Residential), RR (Rural Residential), and within the City of Chico Sphere of Influence VLDCR (Very Low Density Country Residential) zones.

(a) Parcels shall be a minimum of five (5) acres in size.

(b) No more than two (2) recreational vehicles shall be allowed per acre.

(c) There shall be a 25-foot setback from all property lines for all recreational vehicles and related improvements.

(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 41A, Noise Control.

(e) 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.

(f) One (1) on-site parking space shall be provided per recreational vehicle.

(12) Each temporary administrative permit application for a temporary recreational vehicle park 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 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 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.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4156, § 3, 2-12-19; Ord. No. 4158, § 3, 2-26-19; Ord. No. 4160, § 3, 4-23-19; Ord. No. 4164, § 5, 7-23-19; Ord. No. 4168, § 2, 9-10-19; Ord. No. 4221, § 5, 10-25-22)

Ord. No. 4158, § 3, adopted February 26, 2019, renamed § 53-34 from "residential use of recreational vehicles" to "residential use of recreational vehicles and temporary dwellings."

For the effective period of this article, accessory residential structures, which meet Residential Group R occupancies as established by the California Residential Code adopted by Butte County, may be used as interim housing for persons displaced by the Camp Fire. During this period, said use shall not be subject to the provisions of existing deed restrictions required by Butte County, but shall remain subject to all other existing regulations and limitations.

(Ord. No. 4154, § 2, 1-29-19; Ord. No. 4156, § 4, 2-12-19)

Notwithstanding any contrary provision in the Butte County Code or any use permit conditions, use of existing promotional or marketing accommodations, farmstays, bed and breakfast inns, resorts, retreats, camps or other similar visitor serving uses shall be allowed as interim housing for persons displaced by the Camp Fire.

(Ord. No. 4156, § 3, 2-12-19)

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 Camp Fire may be temporarily relocated to existing buildings in the LI (Limited Industrial), RBP (Research and Business Park), PD (Planned Development), PB (Public), GC (General Commercial), NC (Neighborhood Commercial), CC (Community Commercial), REC (Recreation Commercial), SE (Sports and Entertainment), and MU (Mixed-Use) zones, or to any site within an existing religious facility, subject to a temporary administrative permit and any existing applicable standards, and subject to a building permit if any renovations are required. Nothing in this article waives or affects any State law requirements applicable to such facilities.

(Ord. No. 4154, § 2, 1-29-19)

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 of a certificate of occupancy for a replacement dwelling, whichever is earliest.

(Ord. No. 4154, § 2, 1-29-19)

Editor's note— Ord. No. 4221, § 6, adopted October 25, 2022, repealed § 53-39. Former § 53-39 pertained to "Temporary truck and equipment staging and laydown yards" and derived from Ord. No. 4160, § 3, adopted April 23, 2019.