§ 22.124

It is the purpose and objective of this Chapter to establish temporary regulations in the event of a proclaimed disaster by which the County can take extraordinary actions to protect the public health, safety, and welfare by assisting citizens, businesses, and community organizations, facilitating the speed and effectiveness of disaster response and recovery, and providing pre-disaster planning to implement the Marin Operational Area Emergency Operations Plan, Post-Disaster Housing Annex, and Marin Operational Area Recovery Plan.

(Ord. No. 3706, 2019)

This chapter applies to instances where the normal zoning restrictions contained in this Title are to be suspended temporarily to facilitate disaster response and recovery. The provisions of this chapter may be activated by the Director for the whole County or a portion thereof upon the proclamation of a disaster by the County, the State, or the Federal Government relating to the Marin Operational Area or adjoining jurisdictions. The provisions of this chapter shall cease to be applicable to an area two years following the date of the proclamation of a disaster, or as stipulated in an individual Disaster Recovery License issued by the Community Development Agency Director ("Director").

(Ord. No. 3706, 2019)

22.124.030 - Relationship to the Marin Operational Area Emergency Operations Plan, Emergency Recovery Plan, and Other Organizations.

In the event of a proclaimed disaster, the Director shall report to the Marin Operational Area Recovery Committee (Recovery Committee) or Director of Emergency Services on all actions taken by the Director regarding disaster recovery operations in the period prior to the Recovery Committee convening, and shall thereafter coordinate with the Recovery Committee in implementing the Marin Area Emergency Operations Plan.

In the event of a proclaimed disaster, the Director shall report to the Post-Disaster Housing Task Force (Task Force) on all housing-related actions taken by the Director in the period prior to the Task Force convening, and shall thereafter coordinate with the Task Force in implementing the Housing Annex Action Items of the Marin Operational Area Emergency Operations Plan.

The Director shall also coordinate with other governmental and non-governmental organizations involved with disaster response and recovery, including periodic reports to the Board of Supervisors on actions taken pursuant to the Director's disaster response authority.

(Ord. No. 3706, 2019)

Essential disaster response and recovery services provided by the Federal Government, the State, the County or non-governmental organizations coordinated by the County, or special districts within the County, are temporarily exempt from zoning restrictions contained in this Title for up to two years following a proclaimed disaster and from Disaster Recovery License requirements.

(Ord. No. 3706, 2019)

A Disaster Recovery License application is required for any temporary use described herein and shall be made to the Director in the form of a written application, together with fees, plans, and other submittal materials deemed necessary.

(Ord. No. 3706, 2019)

22.124.060 - Fees and Deferral, Reduction, or Waiver of Fees or Other Submittal Requirements.

Review fees for Disaster Recovery Licenses shall be based on the Community Development Agency Planning Division's standard hourly rate, unless the Board adopts special fees for those applications. The Board of Supervisors or Director is authorized to temporarily defer, reduce, or waive fees and other applications and materials as may otherwise be required for Disaster Recovery Licenses if said deferral, waiver, or reduction is deemed necessary to secure disaster-damaged structures and property against further damage or to protect adjoining structures or property. The Director must be notified of such repairs or other work within 10 days, and regular permits with fees may subsequently be required.

(Ord. No. 3706, 2019)

22.124.070 - Effect of Disaster Recovery Licenses on Zoning Restrictions.

Valid disaster Recovery Licenses temporarily suspend and supersede the normal zoning restrictions contained in this Development Code.

(Ord. No. 3706, 2019)

A Disaster Recovery License may authorize the installation and use of temporary living quarters in any zoning district, including both housing and campgrounds, for those needing shelter because they were dislodged by the disaster or are responding to the disaster. Temporary living quarters may only be allowed when necessary to support an orderly recovery from the disaster consistent with implementation of the Marin Operational Area Emergency Operations Plan and Emergency Recovery Plan.

(Ord. No. 3706, 2019)

A Disaster Recovery License may authorize those temporary commercial and institutional facilities in any zoning district when necessary to support an orderly recovery from the disaster consistent with implementation of the Marin Operational Area Emergency Operations Plan and Emergency Recovery Plan.

(Ord. No. 3706, 2019)

In granting any Disaster Recovery License the Director may designate conditions of approval which, in his or her opinion, are necessary to substantially secure the objectives of the regulation or provision under which such Disaster Recovery License is granted. Such conditions of approval may include, but are not necessarily limited to, the period for which the Disaster Recovery License is valid, restrictions on the types and operational parameters of approved temporary uses, measures necessary to protect public health and safety, and the posting of a completion bond or other guarantee satisfactory to the Director, to cover the cost of the removal of the temporary use, cleaning, or restoration of the site after termination of the Disaster Recovery License. A decision by the Director to grant or not grant a Disaster Recovery License, and any conditions attached to an approval therein, shall be considered a ministerial action.

(Ord. No. 3706, 2019)

The Director may suspend or revoke any Disaster Recovery License granted if the Director finds that the temporary use bears no significant relation to the recovery of the areas adversely impacted by the disaster, the conditions pertaining to the Disaster Recovery License have been violated, or that the living quarters or facilities are resulting in potential health and safety hazards.

(Ord. No. 3706, 2019)

ARTICLE VIII - DEVELOPMENT CODE DEFINITIONS

Chapter:

Chapter 22.130 - DEFINITIONS