§ 22.256

This Chapter establishes procedures and regulations for temporary housing, like-for-like replacements, and accessory structures necessary, to prevent further damage or destruction to the lot or remaining structures, subsequent to a disaster.

(Ord. 2023-0025 § 7, 2023.)

Specific terms used in this Chapter are defined in Division 2 (Definitions), under "Disaster Recovery."

(Ord. 2023-0025 § 7, 2023.)

22.256.030 - Implementation.

A.

Applicability.

1.

The Director may implement this Chapter following a disaster. Implementation shall require a written statement and shall include a map that identifies the area of applicability. The area of applicability shall be limited to within the boundary of the disaster. Such statement and map shall be kept on file with the Department, made available to the public, and provided to the Board.

2.

Following a disaster, where the Director has not implemented this Chapter in accordance with Section A.1, Chapter 22.258 (Temporary Housing After a Disaster) shall apply.

3.

This Chapter shall not apply in the Coastal Zone.

B.

Application Requirements, Permit Duration, and Extension.

1.

Notwithstanding any contrary provisions in this Title 22, a Ministerial Site Plan Review (Chapter 22.186) application is required for Section 22.256.040 (Temporary Housing), Section 22.256.050 (Like-For-Like Replacement of Structures), and Section 22.256.060 (Accessory Structures).

2.

Any application filed in accordance with this Chapter shall be filed within two years of a declaration of emergency being first declared.

3.

Any permit approved for temporary housing shall expire two years following a declaration of emergency being first declared.

4.

The Director may grant up to three one-year extensions of the time periods specified in Subsections B.2 and B.3, above, for a maximum cumulative duration of five years, if the Director determines that additional time is necessary because systemic delays beyond the control of the property owner have occurred affecting financing or construction.

(Ord. 2023-0025 § 7, 2023.)

22.256.040 - Temporary Housing.

Notwithstanding any contrary provisions in this Title 22, temporary housing shall be permitted, subject to the following standards:

A.

Temporary housing shall be limited to the following eligible dwelling units: a single-family residence, an accessory dwelling unit, a caretaker's residence, or a farmworker dwelling unit.

B.

The Director shall not accept an application for temporary housing, unless the applicant lived in the dwelling unit on the lot within 12 months of a declaration of emergency being first declared. The applicant shall substantiate their eligibility to file such an application by providing, to the satisfaction of the Director, a driver's license or other government-issued identification card, property tax bill, utility bill, or similar document.

C.

The Director shall not accept an application for temporary housing until, to the satisfaction of the County, the lot has been cleared of disaster-related debris, rubble, ash, hazardous waste, or other items that otherwise constitute a threat to the public health, safety, or general welfare.

D.

Temporary housing shall be limited to one unit per eligible dwelling unit. A maximum of two units of temporary housing may be placed on any lot.

E.

Temporary housing shall not exceed a maximum floor area of 1,500 square feet or the floor area of the eligible dwelling unit, whichever is smaller.

F.

One temporary storage structure, not to exceed 450 square feet and 10 feet in height, shall be permitted with each permitted unit of temporary housing.

G.

Temporary housing and temporary storage structures shall be located on any developed portion of the lot, including the building pad and all graded slopes, all structures, decks, patios, impervious surfaces, and parking areas.

H.

A minimum distance of six feet shall be required between temporary housing and any other structure on the same lot.

I.

Temporary housing shall contain sleeping, cooking, bathing, and sanitary facilities.

J.

Temporary housing shall be connected to a permanent source of potable water approved by the County.

K.

Temporary housing shall be connected to a wastewater disposal system approved by the County.

L.

Temporary housing shall be connected to an electrical source approved by the County.

M.

Except as otherwise authorized by this Section, temporary housing shall comply with all other applicable requirements of this Title 22.

N.

For the purposes of Section 22.140.670 (Occupied Recreational Vehicle Parking During a County Declared Shelter Crisis), temporary housing authorized pursuant to this Section shall not be considered a legallyestablished single-family residence.

O.

Temporary housing and temporary storage structures authorized pursuant to this Section shall be removed within 24 hours of the expiration date established in accordance with Section 22.256.030.B.

P.

Temporary housing and temporary storage structures authorized pursuant to this Section shall be removed within 30 days after the issuance of the certificate of occupancy for like-for-like replacement of an eligible dwelling unit, in accordance with Section 22.256.050.

(Ord. 2023-0025 § 7, 2023.)

22.256.050 - Like-For-Like Replacement.

Notwithstanding the existence of any covenants, conditions, or restrictions that may conflict, and notwithstanding any community standards district, specific plan, or any other applicable regulation in this Title 22, like-for-like replacement shall be permitted, subject to the following standards:

A.

Where modifications to any like-for-like replacement are required by Title 26 (Building Code) or Title 32 (Fire Code), as determined by Public Works or the Fire Department, such modifications shall be no greater than necessary to accommodate such modification, and in any case, such modification shall not exceed either the floor area, size, height, or bulk of the damaged or destroyed structure by more than 10 percent.

B.

The height of any like-for-like replacement shall not exceed the maximum height limit of this Title 22 or the damaged or destroyed structure, whichever is smaller.

C.

Any like-for-like replacement located within a required yard or setback shall not encroach further into any required yard requirement or setback.

D.

Any like-for-like replacement located within a significant ridgeline protection area shall not encroach further into the protected zone of the significant ridgeline.

E.

Minor relocation of any like-for-like replacement shall be approved by the Director when the like-for-like replacement is within the same general area of the damaged or destroyed structure and:

1.

There are changes in topography or alteration of drainage features, including, but not limited to, creeks, streams, and waterways, resulting from mudslides or other forms of debris flows caused by a disaster; or

2.

The structure damaged or destroyed by a disaster was nonconforming due to standards, and a minor relocation of the like-for-like-replacement will result in compliance with current Title 22 standards; or

3.

The minor relocation of the like-for-like replacement will result in equal to or fewer impacts to protected oak trees, significant ridgelines, SEAs, or SEA Resources.

F.

Where a use entitlement, which established the use for the structure damaged or destroyed by a disaster, remains valid and in full force and effect, the like-for-like replacement shall comply with all previous conditions of approval.

G.

This Section shall not be construed to extend any termination date set forth in Chapter 22.172 (Nonconforming Uses, Buildings, and Structures).

H.

After structures are rebuilt in accordance with this Section, all future development on the lot shall be subject to all applicable requirements of this Title 22.

(Ord. 2025-0043U § 1, 2025; Ord. 2025-0034U § 1, 2025; Ord. 2023-0025 § 7, 2023.)

Accessory structures that are necessary to prevent damage to temporary housing or like-for-like replacements, or to prevent further damage to the lot or to remaining structures shall be permitted.

Accessory structures, such as fences, retaining walls, utilities, or poles for temporary power, shall comply with all applicable standards of Title 22.

(Ord. 2023-0025 § 7, 2023.)

A.

Oak Tree Permits. Temporary housing, like-for-like replacements, accessory structures, and related development activities eligible under this Chapter are not subject to Chapter 22.174 (Oak Tree Permits), subject to and except for the following:

1.

Waiver of applicability of Chapter 22.174 (Oak Tree Permits) applies only to oak trees where a legallyestablished structure was located within the protected zone of a protected oak tree on the day the structure was damaged or destroyed by a disaster.

2.

Temporary housing, like-for-like replacement, accessory structures, and related development activities shall not result in the encroachment into the protected zone of a protected oak tree not otherwise described in Subsection A.1.

3.

Temporary housing, like-for-like replacement, accessory structures, and related development activities shall not result in the removal of any protected oak tree.

4.

Protected oak trees within 200 feet of proposed construction, grading, landfill, or other development activity shall be fenced and protected during site activities to the satisfaction of the Director and in accordance with the following:

a.

For protected oak trees that have retained their canopy after a disaster, the protected zone is established according to whichever has the greatest area:

i.

The area within the dripline of a protected oak tree extending therefrom to a point at least five feet outside of the dripline; or

ii.

The area within 15 feet from the trunk of a protected oak tree.

b.

For protected oak trees that have lost all their canopy due to the disaster, the County shall presume that such trees are alive for at least two years following the disaster. For such trees, the protected zone is established as the area within the radius extending 18 inches per one inch of trunk diameter. Trunk diameter shall be measured four and one-half feet above the natural grade.

c.

For protected oak trees that have lost part of their canopy due to the disaster, the County shall presume that such trees are alive for at least two years following the disaster. For such trees, the protected zone is established according to the following:

i.

Where the canopy remains, as measured by Subsection A.4.a, above; and

ii.

Where the canopy has been lost, as measured in accordance with Subsection A.4.b, above.

d.

Chain link fencing not less than four feet in height shall be installed around the protected zone of protected oak trees in order to restrict storage, machinery storage, and access during rebuilding activities. Said fencing shall be in place prior to commencement of any development activity on the lot. Said fencing shall remain in place throughout the entire period of development and shall not be removed until development activities have concluded.

e.

Any excavation or grading allowed within the protected zone of a protected oak tree shall be limited to hand tools or small hand-power equipment; and

f.

Utility trenching shall avoid encroaching into the protected zone of a protected oak tree on its path to and from any structure.

5.

Removal of any protected oak tree damaged by a disaster is prohibited for two years following the disaster, unless such tree poses a danger to people or property as determined by the County Forester or unless an Oak Tree Permit (Chapter 22.174) is obtained. The Director shall reduce the two-year time period, to not less than one year, if the rainfall in the disaster area in the winter or spring following the disaster is greater than the average rainfall for such winter or spring, and the Department Biologist or County Forester determines that the protected oak tree is dead.

6.

Activities that damage, encroach, or remove protected oak trees not otherwise authorized by this Subsection A shall be subject to Chapter 22.174 (Oak Tree Permits), including, but not limited to, requiring

a retroactive Oak Tree Permit and requirements to plant replacement oak trees at a ratio determined by the Review Authority.

B.

Significant Ecological Areas. Temporary housing, like-for-like replacement, accessory structures, and related development activities eligible under this Chapter are not subject to Chapter 22.102 (Significant Ecological Areas), subject to and except for the following:

1.

Waiver of applicability of Chapter 22.102 (Significant Ecological Areas) applies only to significant ecological areas and SEA Resources where a legally-stablished structure was located in a significant ecological area on the day the structure was damaged or destroyed by a disaster.

2.

Temporary housing, like-for-like replacements, accessory structures, and related development activities shall result in equal to or fewer impacts to the significant ecological area or SEA Resources.

3.

All priority biological resources shall be avoided and protected during development activities.

4.

Activities that impact the significant ecological area, by damaging or removing SEA resources not otherwise authorized by this Subsection B, shall be subject to Chapter 22.102 (Significant Ecological Areas), including, but not limited to, requiring a retroactive SEA review or permit.

C.

Grading. Temporary housing, like-for-like replacement, and accessory structures eligible under this Chapter are not subject to Chapter 22.158 (Conditional Use Permit) for grading and a haul route, subject to and except for the following:

1.

Waiver of applicability of any requirement in this Title 22 where a Conditional Use Permit (Chapter 22.158) is required for grading or haul route applies only to where a legally-stablished structure was damaged or destroyed by a disaster.

2.

The Director shall approve only the minimum amount of grading required to restore the lot to a pre-disaster state or prepare the lot for like-for-like replacement. For purposes of determining the minimum amount of grading, justification by the project soils engineer, geologist, or civil engineer may be required by the Director and may be subject to verification by Public Works, Building and Safety Division.

Any such grading activities shall provide erosion control best management practices to the satisfaction of Public Works.

4.

Any requirement in this Title 22 that prohibits the commencement of grading operations during the rainy season (from October 15 through April 15) shall not apply.

(Ord. 2023-0025 § 7, 2023.)

Chapter 22.258 - EATON FIRE DISASTER RECOVERY