Calaveras County Municipal Code Ch. 17.23 Post-Disaster Recovery

The purpose of this chapter is to facilitate the establishment of temporary housing for residents who have lost their homes due to a disaster and to establish procedures for rebuilding structures damaged or destroyed as a result of a disaster while protecting the public health and safety of the residents within the declared disaster area.

The provisions of this chapter are applicable for a period of two years following the declaration of each disaster for which a local emergency has been declared by the board of supervisors and shall take precedence over any conflicting ordinances in the Calaveras County Code that would apply in the absence of the emergency. By resolution of the board of supervisors, the provisions of this chapter may be extended for additional years, one year at a time, if the board of supervisors finds that additional time is necessary to prevent dislocation of residents who lost homes during the disaster and that systemic delays beyond the control of the individual property owners have occurred affecting reconstruction financing or construction.

The following terms as used in this chapter shall have the following meanings, unless the context in which a term is used plainly requires another meaning:

A. "Disaster" means a wildfire, flood, earthquake, or other natural or human-caused event that damages or destroys dwellings or other property and displaces people and which forms the basis for a declared local state of emergency.

B. "Footprint" means the area that falls directly beneath and shares the perimeter of a structure and any area in which debris from a destroyed building remained after the disaster.

Temporary replacement housing consisting of a mobile home, manufactured home, modular unit, recreational vehicle, or similar temporary shelter located on a parcel on which a residence sustained damage such that the residence was destroyed or was rendered uninhabitable as a result of the disaster shall be authorized by the building official or designee subject to the following provisions:

A. The permittee for temporary replacement housing was the property owner at the time that the disaster occurred.

B. Temporary replacement housing authorized pursuant to this chapter shall be removed within two years of the date of the board action declaring the local emergency, unless a one-year extension is granted by the board of supervisors pursuant to Section 17.23.020, in which case it may remain until the extension expires.

C. Temporary replacement housing shall meet the following installation standards:

1. The land owner shall provide proof of ownership and proof that a permitted residence was destroyed as a result of the disaster. Proof that a residence was destroyed or rendered uninhabitable as a result of the disaster may be provided in the form of a prior finaled building permit, assessor's records, aerial photos, or other documentation satisfactory to the building official. If the temporary housing is erected prior to certification that it is free of all public hazards and toxic debris, the following provisions shall apply:

a. A waiver of liability shall be signed by the land owner;

b. The temporary replacement housing shall be located a minimum of one hundred fifty feet from the footprint of any damaged structure and in a manner that does not impede the debris removal process.

c. The property owner shall implement mitigation measures adequate to prevent exposure of hazardous wastes and safety risks to humans and animals.

2. The temporary replacement housing shall, absent a waiver of liability signed by the land owner, be located outside of the footprint of any damaged structure and shall not be erected until the site is certified by the county environmental health department or a state-managed debris removal program as being free of all public hazards and all toxic debris or residue caused by the disaster.

3. The temporary replacement housing shall be located outside the boundaries of any recorded easements but may be located within the setback area of the applicable zone district so that placement of the temporary mobile home or recreational vehicle will allow for unobstructed reconstruction on the site.

4. The temporary replacement housing shall be connected to an approved source of water meeting one of the following criteria:

a. Public water supply;

b. Existing well provided that it has been certified by the environmental health department as safe for domestic consumption;

5. The temporary replacement housing shall be connected to an approved sewage disposal system meeting one of the following criteria:

a. Public sewer system;

b. Existing on-site sewage disposal system that has been certified by the on-site wastewater department to be intact 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 county.

d. Other method of sewage disposal approved by the county environmental health officer.

6. The temporary replacement housing shall be connected to an approved source of electricity meeting one of the following criteria:

a. Permitted electrical service hook-up.

b. Permitted solar panels.

c. Other power electrical source approved by the county building official.

7. Temporary replacement housing shall not be located in a designated "special flood hazard area" (SFHA) as defined in Section 15.06.020, other officially designated special hazard area, or in any mapped area established by separate action of the board or other authorized federal, state, or local official, as a moratorium area due to hazards to health and safety caused by the disaster and which require in-depth study before allowing rebuilding of any kind.

8. The temporary replacement housing may be converted to a temporary construction trailer upon issuance of a building permit for a permanent residence pursuant to Section 17.25.220.A.3, Mobile Home or Trailer as a Temporary Residence.

D. The property owner shall self-certify, on a form provided by the building department, that the above criteria have been satisfied for recreational vehicles. The self-certification shall include an agreement to remove the temporary housing in conformance with the provisions of subsections 17.23.040.A and B.8. All other temporary residential units shall be subject to permitting and inspection requirements as set forth by the California Department of Housing and Community Development.

Structures damaged or destroyed by a disaster may be replaced pursuant to the following provisions:

A. Structures illegally constructed or uses illegally established before the disaster shall not be reconstructed or reestablished.

B. Except as otherwise provided in this section, non-conforming buildings and non-conforming uses shall be subject to the provisions of Chapter 17.21.

C. Non-conforming buildings damaged or destroyed by a disaster may be replaced subject to the following provisions:

1. Replacement structures shall be located in the same location, with no change to the size, height, or footprint of the destroyed structure, except as provided in paragraph (C)(4) of this section.

2. Replacement site-built structures shall comply with the current California Code of Regulations, Title 24 standards.

3. Prior to the issuance of a building permit, the site of the structure shall be certified by the California Department of Resources, Recycling and Recovery (Cal Recycle) or the county environmental health department to be free of all public hazards and toxic debris or residue caused by the disaster.

4. Replacement of mobile homes, manufactured homes or recreational vehicles shall comply with the National Manufactured Housing Act (42 U.S.C. Section 5401 et seq.), the Special Occupancy Parks Act (Health and Safety Code Section 18860), the Manufactured Housing Act of 1980 (Health and Safety Code Section 18020 et seq.), and current California Code of Regulations, Title 25 standards.

5. Replacement structures shall not be located in a designated "special flood hazard area" (SFHA) as defined in Section 15.06.020, or other officially designated special hazard area.

D. Structures in conformance with current county standards may be reconstructed or replaced subject to the following provisions:

1. Prior to the issuance of a building permit, the site of the structure shall be certified by the California Department of Resources, Recycling and Recovery (Cal Recycle) or the county environmental health department that the site is free of all public hazards and toxic debris or residue caused by the disaster.

2. Replacement site-built structures shall comply with the current California Code of Regulations, Title 24 standards.

3. Replacement of mobile homes, manufactured homes or recreational vehicles shall comply with the National Manufactured Housing Act (42 U.S.C. Section 5401 et seq.), the Special Occupancy Parks Act (Health and Safety Code Section 18860), the Manufactured Housing Act of 1980 (Health and Safety Code Section 18020 et seq.), and current California Code of Regulations, Title 25 standards.

4. Replacement structures shall not be located in a designated "special flood hazard area" (SFHA) as defined in Section 15.06.020, or other officially designated special hazard area.

E. One garage or storage building may be permitted as an accessory structure prior to the issuance of a permit for a single family dwelling on any parcel on which a residence was destroyed by a disaster.

Structures that have been damaged as the result of a disaster shall be repaired in accordance with the following criteria:

A. When the estimated value of repair is less than fifty percent of the replacement value of the structure, the damaged elements may be repaired. Any repairs must comply with the current California Code of Regulations, Title 24 standards.

B. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure shall be brought into conformance with the current California Code of Regulations, Title 24 standards.

Construction or installation of one or more off-site dwelling units as a temporary shelter or temporary emergency housing for persons displaced by the disaster may be authorized, subject to the following provisions:

A. With the exception of temporary placement of a single mobile home, manufactured home, or recreational vehicle on a privately owned parcel, temporary housing for displaced persons shall be located only in the following zones: REC, R2, R3, CP, C1, C2, and M4;

B. Temporary replacement housing authorized pursuant to this chapter shall be removed or lawfully converted into permanent housing within two years of the date of the board action declaring the local emergency, unless an extension is granted by the board of supervisors pursuant to Section 17.23.020, in which case it shall be removed or converted prior to the expiration of such extension.

C. Temporary shelters or emergency housing consisting of more than one unit shall be connected to water and sewer service and power source approved by the county building official. A single off-site unit shall be connected to water and sewer as provided in Sections 17.23.040.B.4 and B.5.

D. With the exception of temporary placement of a single mobile home, manufactured home, or recreational vehicle on a privately owned parcel, off-site temporary housing and emergency shelters authorized under this chapter may only be established and operated by a federal, state, or county agency or a 501(C)(3) not-for-profit organization.

E. The entity providing emergency shelter or housing shall enter into an agreement with the county to remove all housing units and other facilities upon expiration of the temporary use permit or when the need for the temporary housing ceases, whichever occurs first.

All current permit fees apply, including demolition permit fees, unless otherwise modified or waived by the board of supervisors as part of a specific emergency proclamation.

A. During the time period when this chapter is applicable per Section 17.23.020, application filing fees that are normally paid at the time the application is submitted may be deferred at the applicant's request and paid at the time the permit is issued.

B. During the time period when this chapter is applicable per Section 17.23.020, the RIM Fee, benefit basin fees, and school impact fees will be not be charged for replacement of lawful pre-existing improvements that were already subject to such fees or that were lawfully constructed prior to such impact fees. These fees will be charged for new or expanded improvements.

All hazardous materials and debris, including but not limited to household hazardous wastes, asbestos, ash from burned structures, metals, damaged or destroyed vehicles, and all public hazards shall be removed prior to reconstruction or reuse of property damaged by the disaster and shall, in all cases, be removed and disposed of within one hundred eighty days of the disaster for which the local state of emergency was declared unless the county environmental health director grants a discretionary ninety day extension upon a showing of good cause. Debris removal and disposal shall comply with all laws and regulations, and the site shall be certified within the time period described herein by the California Department of Resources, Recycling and Recovery or the county environmental health department that it is free of all toxic debris or residue caused by the disaster.

All burned building debris and other hazardous debris created by the disaster that is removed from the site shall be disposed of in accordance with state law and policies and procedures developed and published by county environmental health department.

Temporary facilities necessary for the timely removal of debris, stabilization of soils, erosion control, and other needs as determined by the agency or agencies directing post-disaster recovery and clean-up operations may be established as needed subject to the following provisions:

A. Staging areas for equipment, vehicles, and storage on private property shall be subject to issuance of a temporary use permit, pursuant to Chapter 17.32. The temporary use permit shall identify the expiration date and shall specify clean-up and restoration provisions for the site upon termination of the use.

B. Staging areas on public land shall be subject to the authorization of the agency managing said land.

C. Off-site processing and storage, recycling, or other handling of disaster-generated debris shall be subject to the following provisions:

1. The site is properly zoned for the activity and all required permits have been previously issued and validated, or

2. A temporary use permit, pursuant to Chapter 17.32, has been issued. The temporary use permit shall specify the duration of the use, an expiration date, and clean-up and restoration provisions for the site upon termination of the use.

A. If any section, subsection, sentence, clause, or phrase of this chapter, is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any or all other portions of this chapter.

B. To the extent that any part of this chapter conflicts with any portion of an executive order signed by the governor of the state of California related to a disaster for which this chapter is invoked, the executive order shall control.