§ 22.254

The Lake Fire and the Bobcat Fire destroyed over one hundred thousand acres of land in Los Angeles County in 2020. Dozens of structures were damaged or destroyed throughout the unincorporated areas of Los Angeles County. The regulations and standards herein will facilitate the establishment of temporary housing for residents affected by the Lake Fire or the Bobcat Fire and facilitate the process for rebuilding

structures damaged or destroyed by the fires while protecting the public health and safety of the residents within the declared disaster areas.

(Ord. 2020-0058U § 1, 2020.)

This Chapter 22.254 is approved pursuant to sections 25123(d) and 25131 of the California Government Code, allowing for ordinances for the immediate preservation of the public peace, health, or safety.

(Ord. 2020-0058U § 1, 2020.)

The provisions in this Chapter shall remain in effect until December 31, 2024, unless extended or modified by the Board. If not extended or modified, this Chapter shall expire on December 31, 2024, and be of no further force or effect. No residential recreational vehicle use or other temporary housing authorized, pursuant to this Chapter, shall be used for permanent housing after the expiration date of this Chapter.

(Ord. 2020-0058U § 1, 2020.)

"Like-for-like replacement." Replacement of structures that are in the same location, are the same size, and are covering the same building footprint as previously existing legally-established structures.

(Ord. 2020-0058U § 1, 2020.)

Notwithstanding any contrary provisions in this Title 22, recreational vehicles, as defined in section 18010 of the California Health and Safety Code, in addition to mobile homes and manufactured homes, as defined in sections 18007 and 18008 of the California Health and Safety Code, respectively, shall be permitted as temporary housing subject to the following standards:

A.

Temporary housing shall be permitted only on a lot or parcel of land where a legally-established singlefamily residence or legally-established employee housing was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

B.

Within Significant Ecological Areas, temporary housing units shall be exempt from the permitting requirements listed in Chapter 22.102;

C.

Any structure used as temporary housing may not exceed a maximum floor area of 3,000 square feet;

D.

Temporary housing shall be located on the existing building pad or graded area of the parcel on which the destroyed or damaged home or employee housing was located;

E.

Temporary housing may only be occupied by the property owner(s) and household members who reside with them;

F.

Temporary housing to replace employee housing shall be limited to employees who work on-site;

G.

All structures used for temporary housing must contain sleeping, cooking, bathing, and sanitary facilities;

H.

Temporary housing must be connected to a permanent source of potable water approved by the County;

I.

Temporary housing must be connected to a wastewater disposal system approved by the County;

J.

Temporary housing must be connected to an electrical source approved by the County;

K.

Where temporary housing is used to replace legally-established employee housing, more than one structure may be used. The temporary housing shall be designed to accommodate no more than the number of employees who lived on-site before the Lake Fire or the Bobcat Fire;

L.

In addition to the one-year length of temporary housing allowed, pursuant to Chapter 22.258 (Temporary Housing After a Disaster), the Director may grant up to three one-year time extensions for a maximum duration of four years, not to exceed the life of this urgency ordinance; and

M.

All temporary housing structures shall be removed within 24 hours of the expiration date listed on the temporary housing approval or the expiration of this urgency ordinance.

(Ord. 2023-0025 § 6, 2023; Ord. 2020-0058U § 1, 2020.)

Notwithstanding any applicable Community Standards District standards in Division 10 of this Title 22, structures destroyed by the Lake Fire or the Bobcat Fire may be replaced, and any development standard

or regulation that prohibits or delays said reconstruction may be waived by the Director, subject to a ministerial site plan review and the following:

A.

Replacement of a destroyed structure and waiver of development standards and regulations applies only to the reconstruction of structures that were legally established prior to the Lake Fire or the Bobcat Fire;

B.

Structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire will be reconstructed as a like-for-like replacement and shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent;

C.

The height of a rebuilt structure shall not exceed the height maximum outlined by the underlying zone, Community Standards District standard, or condition of approval, as applicable;

D.

Notwithstanding any applicable Community Standards District significant ridgeline protection standards in Division 10 of this Title 22, structures located within the significant ridgeline protection area shall not be expanded, shall only be constructed as a like-for-like replacement, and shall not encroach further into the protected zone of the significant ridgeline;

E.

Where a previous entitlement(s) that established the use occupying the destroyed structure remains valid and in full effect, the rebuilt structure(s) shall comply with any previous conditions of approval;

F.

For uses that require a conditional use permit and no such conditional use permit exists or has previously expired:

1.

Non-residential uses must obtain a conditional use permit prior to reconstruction or resuming operations.

2.

Residential land uses may be re-established with a site plan review, so long as an application for a conditional use permit is, or has been filed, and is under review by the Department.

G.

Minor relocations of structures to be replaced may be authorized due to changes in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) resulting from mudslides and other

forms of debris flows, and consistent with other applicable standards and regulations in this urgency ordinance.

H.

After completion of like-for-like reconstruction of structures destroyed in the Lake Fire or the Bobcat Fire, all future development on-site will be subject to all applicable requirements within this Title 22.

(Ord. 2020-0058U § 1, 2020.)

22.254.070 - Waiver of Certain Permitting Requirements.

A.

Oak Tree Permits. Notwithstanding Chapter 22.174, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to the County's Oak Tree Permit requirements, subject to and except for, the following:

1.

Waiver of applicability of Chapter 22.174 applies only to legally-established structures located within the protected zone of a protected oak tree on the day the structure was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

2.

Structures to be reconstructed within the protected zone of a protected oak tree must be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire;

3.

Reconstruction does not result in new encroachments into the protected zone of a protected oak tree or the removal of said tree;

4.

Subject oak trees shall be fenced off and protected during construction activities; and

5.

Reconstruction activities that irreparably harmed oak trees shall be subject to Chapter 22.174, including, but not limited to, requiring a retroactive Oak Tree Permit and requirements to plant replacement oak trees at a ratio determined by the Hearing Officer.

B.

Significant Ecological Areas. Notwithstanding Chapter 22.102, activities related to demolition and reconstruction of structures eligible under this urgency ordinance are not subject to Chapter 22.102, subject to and except for, the following:

Waiver of applicability of Chapter 22.102 applies only to:

a.

Structures legally established on the day the structure was irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire; and

b.

Fuel modification and brush clearance activities that are legally required for such structures at the time such structures are reconstructed, with the exception of tilling and discing, as approved by the Fire Department;

2.

Structures to be reconstructed within a significant ecological area must be a like-for-like replacement of legally-established structures irreparably damaged or destroyed by the Lake Fire or the Bobcat Fire; except, relocation of reconstructed structures may be approved by the Director pursuant to Section 22.254.060.G if no new impacts to the significant ecological area, other than new impacts related to activities listed in subsection B.1.b above, will occur as a result of the relocation;

3.

Reconstruction does not result in new impacts to the significant ecological area other than new impacts related to activities listed in subsection B.1.b above; and

4.

Any sensitive biological resources shall be avoided and protected during construction activities.

(Ord. 2020-0058U § 1, 2020.)

Notwithstanding any applicable Community Standards District grading standards in Division 10 of this Title 22, grading required for a like-for-like rebuild, that exceeds 5,000 cubic yards of total cut plus total fill material, shall not require a conditional use permit and shall instead be processed with a site plan review. Only the minimum amount of grading required to prepare the lot or parcel of land for rebuilding the firedamaged structures will be allowed. For purposes of determining the minimum amount of grading, justification by the project Soils Engineer, Geologist, and/or Civil Engineer will be required and be subject to verification by the Department of Public Works, Building and Safety Division.

(Ord. 2020-0058U § 1, 2020.)

This Chapter applies to lots or parcels of land located in the unincorporated areas of Los Angeles County affected by the Lake Fire or the Bobcat Fire, as identified on Maps 1 and 2, below.

(Ord. 2020-0058U § 1, 2020.)

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Chapter 22.256 - DISASTER RECOVERY