Butte County Municipal Code Art. IV Emergency Interim Housing Inside the Camp Fire Area

Footnotes:

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Editor's note— Ord. No. 4221, §§ 7—25, adopted October 25, 2022, in effect, repealed art. IV, §§ 53-50—53-69 and enacted a new art. IV as set out herein. Former art. IV pertained to similar subject matter and derived from Ord. No. 4154, § 2, adopted January 29, 1019; Ord. No. 4155, §§ 3—10, adopted February 4, 2019; Ord. No. 4156, §§ 5—10, adopted February 12, 2019; Ord. No. 4158, §§ 4—8, adopted February 26, 2019; Ord. No. 4160, §§ 3—9, adopted April 23, 2019; Ord. No. 4164, §§ 6—7, adopted July 23, 2019; Ord. No. 4176, §§ 2, 3, adopted November 19, 2019; Ord. No. 4177, § 3, adopted December 17, 2019; Ord. No. 4184, § 3, adopted July 21, 2020; Ord. No. 4187, §§ 5—7, adopted September 29, 2020; Ord. No. 4193, § 1, adopted January 12, 2021; Ord. No. 4204, § 2, adopted June 22, 2021; Ord. No. 4211, §§ 1, 5, adopted November 9, 2021 and Ord. No. 4219, § 2, adopted February 22, 2022.

Thirteen thousand six hundred ninety-six (13,696) homes were destroyed by the Camp Fire in Paradise and surrounding unincorporated areas. This disaster has created a need for housing on a scale that cannot be accommodated through the existing available housing in Butte County. 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 Camp 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 Camp 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 and potable water issues. The article allows persons to place temporary housing on an eligible property. The purpose of this article is to develop reasonable standards that allow persons to move back into the Camp Fire affected area and provide interim shelter for Butte County residents on private property during the rebuilding process.

(Ord. No. 4221, § 7, 10-25-22)

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. 4221, 10-25-22)

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. 4221, § 8, 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 and the Camp Fire affected area, as of November 25, 2018 at one hundred (100) percent containment.

"Cargo storage container." A single metal box made of steel or other similar material, or a shed, which is designed for securing and protecting items for temporary storage, not exceeding three hundred twenty (320) square feet in size, without utilities, and not used for human habitation.

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

"Displaced person(s)." A county resident or residents whose residential dwelling has been destroyed or damaged by the 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 property 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 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.

"Qualifying structure." The term "qualifying structure" shall mean 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.

"Sphere of influence." A planning boundary outside of an agency's legal boundary (such as the city limit line) that designates the agency's probable future boundary and service area.

"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. 4221, § 9, 10-25-22)

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 issuance of a temporary administrative permit, and, if within the sphere of influence of the Town of Paradise (See Figure 1A), a residential building permit for a permanent dwelling. The use will be subject to the applicable requirements set forth in Section 53-56, Standards. For properties within the sphere of influence, the temporary dwelling must be removed from the site after one (1) year from the date of the approval of the temporary dwelling, if the building permit for construction of the permanent dwelling is not renewed. The temporary administrative permit shall be effective for the same length of time as the building permit for the permanent dwelling.

(Ord. No. 4221, § 11, 10-25-22)

The use of cargo storage containers during the term of this article shall be allowed, subject to the applicable requirements set forth under Section 53-56, Standards.

(Ord. No. 4221, § 12, 10-25-22)

All residential use of recreational vehicles, and, at all times, all residential use of temporary dwellings and storage use of cargo storage containers shall meet the following standards.

A. At all times, the property owner or the property owner's authorized agent shall obtain all county permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases.

B. At all times, residential use of recreational vehicles and temporary dwellings is limited to vehicles and dwellings not on a permanent foundation and used to house persons displaced by the Camp Fire during the effective period set forth in Section 53-52.

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

D. At all times, recreational vehicles, temporary dwellings, and cargo storage containers shall be located outside the boundaries of any setbacks established by Chapter 24, unless the applicant can establish to the satisfaction of the Director that there is no other available location outside of the setback area, as well as located outside of recorded easements, roads, driveways, designated flood hazard locations, or areas prone to landslide or debris flow.

E. At all times, use of a cargo storage container shall be for storage of personal and household belongings only.

F. For water hook-ups, the recreational vehicle or temporary dwelling shall be connected to an approved source of water meeting one (1) of the following criteria:

1. Public water supply;

2. Existing well provided that it has been approved by the Department of Public Health, Environmental Health Division as safe for domestic consumption; or

3. Other water source approved by the Department of Public Health, Environmental Health Division.

G. For sewage disposal hook-ups, the recreational vehicle 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 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.

H. For electricity hook-ups, the recreational vehicle 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.

I. At all times, for residential use of recreational vehicles and temporary dwellings on properties within the sphere of influence of the Town of Paradise, the property owner or the property owner's authorized agent shall obtain a residential building permit and temporary administrative permit.

(Ord. No. 4221, § 13, 10-25-22)

The establishment of temporary recreational vehicle parks without requiring hook-ups to water, sewage disposal, and electricity on an eligible property 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 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 Section 53-56, 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 is two (2) acres.

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 Department of Housing and Community Development, and the State Regional Water Quality Control Board.

F. The following additional standards apply to Temporary Recreational Vehicle Parks in the FR (Foothill Residential) and RR (Rural Residential) zones.

a. Parcels shall be a minimum 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.

G. 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. 4221, § 15, 10-25-22)

Reconstruction of a legal nonconforming structure that has been demolished or destroyed shall require the issuance of a building permit that has been applied for during the effective period and shall be completed within three (3) years after issuance of the building permit. Any reconstruction is subject to all applicable permit requirements and current building standards.

(Ord. No. 4221, § 16, 10-25-22)

For the effective period of this article, accessory residential structures which also 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. 4221, § 18, 10-25-22)

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. 4221, § 19, 10-25-22)

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 on an Eligible Property 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 an Eligible Property, 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. 4221, § 20, 10-25-22)

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; Ord. No. 4221, § 21, 10-25-22)

The following statement shall be supplied to all individuals applying for a building permit within the Camp Fire area: "Due to the large number of structures destroyed in the Camp Fire area, it is anticipated that there will be a large number of applications for building permits in the Camp Fire area after fire debris and hazardous materials have been cleaned up pursuant to the Butte County Camp Fire Consolidated Debris Removal Program. Building permits in the Camp Fire area will not be issued until after a property has been cleared of fire debris and hazardous materials as required by the Program. The Butte County Health Officer has identified health hazards in the fire debris and hazardous materials in the Camp 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.

(Ord. No. 4221, § 23, 10-25-22)

To allow the timely reconstruction of single-family dwellings damaged or destroyed by the Camp Fire, after receiving the approval of both the Director of Development Services and the Director of Public Works, the holder of a building permit to reconstruct a single-family dwelling that was damaged or destroyed by the Camp Fire in the Butte Creek Canyon (-BCC) Overlay Zone and the Watershed Protection (-WP) Overlay Zone is allowed to perform site preparation work and install a foundation for the single-family dwelling between November 15 and April 1, notwithstanding the limitation in those overlay zones, provided a weather forecast shows less than a twenty (20) percent chance of rain during the next ten (10) days and erosion control measures to prevent soil, etc., from leaving the property have been put into place. Aside from this exception, all requirements imposed by the Butte Creek Canyon (-BCC) Overlay Zone and the Watershed Protection (-WP) Overlay Zone remain in force.

(Ord. No. 4221, § 24, 10-25-22)

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 Camp Fire area which are located within the Town of Paradise municipal sphere of influence as approved by the Butte Local Agency Formation Commission. The owner(s) of such parcels may 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 Camp Fire disaster if such parcels meet each of the remaining requirements. The parcels included in the definition of "Rural" pursuant to this section are depicted on the Exhibit A attached to Ord. No. 4221, adopted October 25, 2022.

B. Notwithstanding the foregoing, generators are not permitted as the primary source of power for structures located within the municipal sphere of influence of a town or city.

(Ord. No. 4221, § 25, 10-25-22)