Chapter 8.61 — INTERIM HOUSING, ACCESSORY BUILDING(S) AND UNOCCUPIED RECREATIONAL

VEHICLES INSIDE THE CAMP FIRE AREA[7]

Editor's note— Ord. No. 612, § 1, adopted September 14, 2021, repealed former Ch. 8.61, §§ 8.61.010— 8.61.170, and §§ 2—19 of said ordinance enacted a new Ch. 8.61 as set out herein and later amended. Former Ch. 8.61 pertained to similar subject matter and derived from Ord. No. 608, § 1, adopted May 11, 2021.

This chapter is adopted pursuant to California Government Code Section 36934 and shall take effect immediately upon its approval by at least a four-fifths vote of the town council. The council, based on determinations of the county local health officer, finds that this chapter is necessary for the immediate preservation of the public peace, health and safety, based upon facts set forth in Section 8.61.020 of this chapter.

(Ord. No. 612, § 2, 9-14-2021, eff. 9-14-2021)

A.

Conditions of extreme peril to the safety of persons and property within the town were caused by the Camp Fire, commencing on the 8th day of November, 2018, at which time the town council was not in session.

B.

California Government Code Section 8630 empowers the town director of emergency services (director) to proclaim the existence of a local emergency when the town is affected or likely to be affected by a public calamity, subject to ratification by the town council at the earliest practicable time.

C.

On November 8, 2018, the director proclaimed the existence of a local emergency within the town due to the Camp Fire.

D.

On November 8, 2018, the acting governor of the state of California proclaimed a state of emergency for Butte County pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code, and on November 14, 2018, the governor issued Executive Order B-57-18 concerning the Camp Fire.

E.

On November 9, 2018, the Camp Fire was still burning through the town and despite firefighters' best efforts, the wildfire was not contained. Evacuation orders were in place and numerous severe public health and safety hazards were present in the Camp Fire area, including many blocked roads from fallen power lines, burned trees and vehicles, numerous burned vehicles were left throughout the Camp Fire area due to survivors fleeing their vehicles in efforts to survive the wildfire, no available utilities, no available public services and the presence of human remains and animal carcasses. At the time, the town estimated that two thousand structures had burned in the Camp Fire.

F.

On November 9, 2018, Dr. Andrew Miller, Butte County's local health officer, issued a declaration of health emergency pursuant to California Health and Safety Code Section 101080. Dr. Miller's declaration stated that the local health emergency was a consequence of the debris resulting from the Camp Fire that contains hazardous material in the ash of the burned qualifying structures. The purpose of the declaration was to address the immediate threat to the public health and the imminent and proximate threat of the introduction of contagious, infectious or communicable disease, chemical agents, non-communicable biologic agents, toxins and/or radioactive agents present at the time in the Camp Fire area. The threats included (1) the enormous amount of fire debris present in the Camp Fire area, including ash and debris containing hazardous materials and probable radioactive materials present in ash and debris from qualifying structures; (2) the threat of infectious or communicable disease and/or non-communicable biologic agents due to animal carcasses, radioactive waste and perishable foods; (3) the potential contamination or destruction of the residential and commercial water supply in the Camp Fire area; and (4)

the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures.

G.

On November 12, 2018, the President of the United States declared the existence of a major disaster in the state of California, thereby providing assistance from many federal agencies, including the Federal Emergency Management Agency (FEMA).

H.

On November 13, 2018, the county board of supervisors ratified Dr. Miller's declaration of health emergency.

I.

On November 21, 2018, the status of the Camp Fire area was as follows: firefighters had contained the Camp Fire; the sheriff had lifted evacuation orders; work crews had removed fallen power lines, burned vehicles and trees blocking the roads; utilities including electric power, gas and non-potable water had become available; no local businesses were open to serve the public; and no public services were available. Further, preliminary actions had been taken to mitigate the risk from animal carcasses, radioactive waste and perishable foods in the Camp Fire area, however, concerns regarding the threats remained. The public health hazards present in the Camp Fire area included (1) the public health hazards from the enormous amount of fire debris; (2) the public health hazard from the hazardous materials and probable radioactive materials present in the ash and debris from destroyed qualifying structures; (3) the threat of infectious or communicable disease and/or non-communicable biologic agent due to the presence of animal carcasses, perishable foods and radioactive waste; and (4) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. At the time, the Camp Fire had destroyed thousands of structures.

J.

On November 21, 2018, Dr. Miller issued a hazard advisory strongly suggesting residents should not reside on property with qualifying structures damaged or destroyed by the Camp Fire until the property had been cleared of hazardous waste, ash and debris and certified clean by the county department of public health, environmental health division. The county department of public health provided residents with re-entry packets which included personal protective equipment and information on the dangerous conditions and toxic materials present in the Camp Fire area. The re-entry packets were intended to improve the safety of the residents who chose to visit their properties to collect valuables and not intended to encourage long- term visitation or habitation. The purpose of the hazard advisory was to address the public health hazards present at the time in the Camp Fire area, including (1) the enormous amount of fire debris present in the Camp Fire area; (2) the hazardous materials and probable radioactive materials present in ash and debris from qualifying structures; (3) the lessened but still present threat of infectious or communicable disease and/or non-communicable biologic agents due to animal carcasses, radioactive waste and perishable foods; (4) the potential contamination or destruction of the residential and commercial water supply in the Camp Fire area; and (5) the potential pollution of the drinking water downstream from the Camp Fire area if

weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures.

K.

The Camp Fire to date has consumed one hundred fifty-three thousand three hundred thirty-six acres and has led to the destruction of thirteen thousand six hundred ninety-six residences, damage to four hundred sixty-two residences, the destruction of two hundred seventy-six multiple family residences, the destruction of five hundred twenty-eight commercial buildings, damage to one hundred two commercial buildings, the destruction of four thousand two hundred ninety-three other minor structures, and resulted in the evacuation of over fifty thousand people. As a result, the Camp Fire has created an enormous amount of debris.

L.

There exists the potential for widespread toxic exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential and commercial structure fires contain hazardous materials and the harmful health effects of hazardous materials produced by a wildfire are well-documented.

M.

The combustion of building materials such as siding, roofing tiles, and insulation results in dangerous ash that may contain asbestos, heavy metals and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have burned in the fire, also producing hazardous materials.

N.

Exposure to hazardous materials may lead to acute and chronic health effects and may cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

O.

Standards and removal procedures are needed immediately to protect the public health and environment, and to facilitate coordinated and effective mitigation of the risks to the public health and environment from the health hazards generated by the Camp Fire disaster.

P.

The Camp Fire has created hazardous waste conditions in the town of the form of contaminated debris from household hazardous waste/materials and structural debris resulting from the destruction of thousands of structures. This hazardous waste debris poses a substantial present or potential hazard to human health and the environment until the property is certified clean. The accumulated exposure to hazardous waste debris over an extended period of time poses a severe hazard to human health.

Q.

The town previously approved Ordinance No. 572, Ordinance No. 573, Ordinance No. 575, Ordinance No. 598, and Ordinance No. 600 as urgency measures relating to the Camp Fire disaster recovery on December 12, 2018. The actions addressed the need for the regulation of debris removal to alleviate the public health, safety and welfare concerns associated with the ash and debris of qualifying structures and temporary emergency housing options.

R.

As of February 4, 2019, the status of the Camp Fire disaster recovery was as follows: (1) phase I cleanup by the U.S. Environmental Protection Agency and the state department of toxic substances control is complete, which has reduced the public health concerns relating to the most hazardous materials present in the Camp Fire area; (2) phase II of the cleanup pursuant to the Government (CalOES) Program and the Alternative Program has commenced; (3) utilities are available (except for potable water); (4) numerous businesses have opened to serve the public; (5) public services are available, including a FEMA and CalOES jointly-operated Disaster Recovery Center in Paradise, California. Current threats include: (1) the enormous amount of fire debris present in the Camp Fire area; (2) hazardous materials and probable radioactive materials present in ash and debris from qualifying structures; (2) the potential pollution of the drinking water downstream from the Camp Fire area if weather conditions caused the spread of the hazardous materials in the ash and debris of burned qualifying structures. The purpose of this chapter is to allow residents to live on properties in the Camp Fire area that do not contain fire ash and debris from a qualifying structure destroyed or damaged by the Camp Fire.

S.

The Debris Removal Operations Plan for the Camp Fire prepared by the CalOES/CalRecycle Incident Management Team provides that the DTSC has issued reports regarding the assessment of burn debris from wildfires in the past. The studies of burned residential homes and structures from large scale wildland fires indicated that the resulting ash and debris can contain asbestos and toxic concentrated amounts of heavy metals such as antimony, arsenic, cadmium, copper, lead, and zinc (qualifying structures). Additionally, the ash and debris may contain higher concentrations of lead if the home was built prior 1978 when lead was banned from household paint in the United States. The reports indicated that the residual ash of burned residential homes and structures has high concentrations of heavy metals that can be toxic and can have significant impact to individual properties, local communities, and watersheds if the ash and debris is not removed safely and promptly. The plan also indicates that the purpose of the structural debris removal program is to remove debris that poses a risk to health and/or the environment. Debris from structures smaller than one hundred twenty square feet are not included in the program.

T.

The county local health officer Dr. Miller has indicated that the phase II cleanup of the properties containing ash and debris from a qualifying structure mitigates the public health hazards of the Camp Fire. Further, failing to clean properties containing ash and debris from a qualifying structure can have severely negative long term consequences to the public health and environment. Therefore, the focus must be on accomplishment of the phase II cleanup to address the public health hazards. The standard for determining when a property is clean from ash and debris from a qualifying structure is when the phase II cleanup work

is complete and the property is certified clean by the county department of public health, environmental health division. Ash and debris of qualifying structures is the focus of the phase II cleanup work. The significance of the public health risks is higher on properties with ash and debris from a qualifying structure. Given the progress the Camp Fire disaster recovery has made with respect to the hazards identified in the findings above, the remaining significant public health hazard is the ash and debris from qualifying structures. Based on the foregoing properties that contain ash and debris from qualifying structures constitute a significant public health risk. Therefore, those properties should be ineligible for temporary emergency housing until phase II cleanup work is completed on the property and is certified clean by the department of public health, environmental health division. Properties that do not contain ash and debris from a qualifying structure do not pose a significant public health risk and should be eligible for temporary emergency housing.

U.

Due to the magnitude of the destruction, there is a need to provide for sufficient housing options both inside and outside of the Camp Fire affected area. Thus, on February 4, 2019, the town adopted Ordinance No. 575 that repealed Ordinance No. 573 and established an ordinance that temporarily relaxes some building and zoning regulations to allow for additional interim housing both inside and outside of the Camp Fire affected area for displaced persons.

V.

There exists an immediate need to provide accessory buildings to accommodate storage of personal property of persons displaced by the Camp Fire who own eligible property that has been certified clean pursuant to phase II requirements by the county department of public health, environmental health division. This chapter temporarily relaxes some town zoning regulations to allow for establishment of an accessory building on property both inside and outside of the Camp Fire affected area for the displaced persons for the storage of essential equipment necessary to the recovery from the damages caused by the Camp Fire. Due to the magnitude of the destruction and its related and significant impacts on properties, there is a need to provide displaced property owners with the option of constructing accessory buildings both inside and outside of the Camp Fire affected area without first obtaining building permits for primary residences on their properties.

W.

It is essential that this chapter become immediately effective (1) to mitigate the harm that could be caused to the public health and safety and to the environment from the improper disturbance, removal and/or disposal of debris containing hazardous materials, and to facilitate the orderly response to the Camp Fire disaster; and (2) to allow the fastest possible transition of homeless and displaced residents to interim and long-term shelter; and (3) to allow displaced persons who own eligible property certified clean pursuant to phase II requirements an option to establish an accessory building on their property to better facilitate and further expedite their property maintenance and storage of essential equipment required to allow for the property rebuild process.

(Ord. No. 612, § 3, 9-14-2021, eff. 9-14-2021)

Thirteen thousand six hundred ninety-six homes were destroyed by the Camp Fire in the Town of 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 the town. To meet the immediate need for housing, the town relaxed some building and zoning regulations in a prior ordinance to allow for additional temporary housing. However, this additional temporary housing may not be sufficient to meet the large and immediate need. This chapter relaxes some building and zoning regulations to allow for additional temporary housing inside the Camp Fire affected area. Persons moving back to the area do so at their own risk and should make themselves aware of the health hazards of doing so. This chapter allows persons to place temporary housing as well as temporary recreational vehicle storage on an eligible property. This chapter also provides an option for affected property owners to establish an accessory building on their eligible property without first obtaining a building permit for a primary residence. The purpose of this chapter is to develop reasonable standards that allow persons to move back into the Camp Fire affected area while a massive debris removal program is implemented and, at the same time, provide interim shelter as well as an option of an accessory building for property maintenance equipment and rebuild materials storage for town residents on private property during this housing crisis.

(Ord. No. 612, § 4, 9-14-2021, eff. 9-14-2021)

Except where the context clearly indicates otherwise, the following definitions shall govern the construction of the words and phrases used in this chapter:

"Accessory building" means any structure having a permanent foundation and a roof supported by columns or walls designed, intended and/or used for the protection and storage of personal property associated with a permitted or conditionally permitted principal use on the same site.

"Camp Fire" means a one hundred fifty-three thousand three hundred thirty-six acre wildfire that started near the community of Pulga on November 8, 2018, destroying over eighteen thousand 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 town council under Resolution 18-42, 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 percent containment.

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

"Director" means the Town of Paradise Director of Emergency Services or his or her authorized representative.

"Displaced person(s)" means a town 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 town to substantiate their eligibility for uses, permits and/or approvals described in this chapter. 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 town. Such determination may be made by the director or other town personnel.

"Effective date" means the date of the town council adoption of the ordinance from which this chapter derived.

"Eligible property" means a property that does not contain fire debris or hazardous materials from a qualifying structure that was damaged or destroyed by the Camp Fire. Eligible property shall include (1) parcels with no resulting damage or fire debris from the Camp Fire; (2) parcels with fire debris from a structure that was not a qualifying structure that was damaged or destroyed by the Camp Fire; and (3) parcels with fire debris or hazardous materials from a qualifying structure that was damaged or destroyed by the Camp Fire, only upon the issuance of a certificate that the parcel has been cleaned pursuant to phase II requirements by the county department of public health, environmental health division. Temporary housing and/or establishment of an accessory building pursuant to this chapter shall be permitted as reflected in the table below:

Property not damaged Property with a Property with a
by Camp Fire non-qualifying structure qualifying structure
damaged or destroyed damaged or destroyed
by Camp Fire by Camp Fire

Prior to completion of Temporary housing Temporary housing Temporary housing phase II cleanup allowed. allowed. prohibited.

Following completion of Temporary housing Temporary housing Temporary housing phase II cleanup allowed. allowed. allowed. (property certified clean Accessory building allowed. Accessory building allowed. Accessory building allowed. by the department Temporary recreational Temporary recreational of public health, vehicle storage allowed. vehicle storage allowed. environmental health division)

"FEMA" means the Federal Emergency Management Agency or successor agency.

"Fire debris and hazardous materials" means debris, ash, metals, and completely or partially incinerated substances from structures that are located on properties that qualify under the CalOES Debris Removal Program or the Butte County's Alternative Debris Removal Program.

"Movable tiny house" means, for the purposes of this chapter, 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 square feet, and has no more than four hundred thirty square feet of habitable living space.

"Phase I" means the hazardous waste cleanup as defined and discussed in subsections R and S of Section 8.61.020, debris removal, above.

"Phase II" means the hazardous waste, fire debris and ash cleanup as defined and discussed in subsections R and S of Section 8.61.020, debris removal, above.

"Qualifying structure" means a qualifying structure as defined and discussed in Section 8.61.020, debris removal, above.

"Recreational vehicle" means 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 state roadways; and (3) a state department of motor vehicles licensed vehicle, or a similar vehicle or structure as determined by the director.

"Recreational vehicle park" means a commercial use providing space for the accommodation of more than two recreational vehicles for recreational or emergency housing, or for transient employee lodging purposes.

"Temporary dwelling" means a temporary dwelling includes a recreational vehicle and a movable tiny house.

"Temporary recreational vehicle storage" means the temporary storage of an unoccupied recreational vehicle.

(Ord. No. 612, § 5, 9-14-2021, eff. 9-14-2021)

Residential use and occupancy by displaced persons of one temporary dwelling on an eligible property shall be allowed subject to a temporary use permit issued prior to May 12, 2021, or by the town council, under the authority of this chapter and subject to the applicable requirements set forth in Section 8.61.070. The continued occupancy of a temporary dwelling, as authorized with a temporary use permit, utilizing hook-ups for water, sewage disposal, and/or electricity on an eligible property shall be allowed only until April 30, 2025 if there are no open code enforcement violations on the site as of September 30, 2021. To demonstrate continued eligibility pursuant to section 8.61.070, permit holders must present to the town upon request, and at least annually, a current water, solid waste and electric company invoice demonstrating that those utility services are currently existing and in place on the property that is the subject of the temporary use permit. The temporary use permit shall be in effect only for the effective period of this section unless a building permit for the construction of a permanent dwelling has been issued. If a building permit has been issued, the temporary use permit shall be in effect for the same length of time as the building permit for the permanent dwelling.

(Ord. No. 632, § 2, 1-9-2024, eff. 1-9-2024; Ord. No. 612, § 6, 9-14-2021, eff. 9-14-2021)

All temporary use permits for a temporary dwelling issued prior to May 12, 2021, under the authority of this chapter and subject to the applicable requirements set forth in Section 8.61.070, which do not have a temporary dwelling situated on the property are hereby revoked effective January 9, 2024 and are of no further force and effect.

(Ord. No. 632, § 3, 1-9-2024, eff. 1-9-2024)

The temporary storage of up to two unoccupied recreational vehicles on an eligible property shall be allowed only until April 30, 2024, subject to the issuance of a temporary use permit and the applicable requirements set forth in Section 8.61.070, standards. No fee shall be charged for this temporary use permit. All temporary use permits for the temporary storage of unoccupied recreational vehicles under the authority of this chapter and subject to the applicable requirements set forth in Section 8.61.070, which do not have an unoccupied recreational vehicle situated on the property are hereby revoked effective January 9, 2024, and are of no further force and effect.

(Ord. No. 632, § 4, 1-9-2024, eff. 1-9-2024; Ord. No. 612, § 7, 9-14-2021, eff. 9-14-2021)

All residential use of temporary dwellings and storage use of cargo storage containers and/or recreational vehicle storage shall meet the following standards.

A.

At all times, only a property owner, who owned the property at the time of the Camp Fire, or his or her authorized agent shall obtain all town 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 temporary dwellings is limited to recreational vehicles and movable tiny houses not on a permanent foundation and used to house persons displaced by the Camp Fire during the effective period of this chapter.

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, temporary dwellings and cargo storage containers or stored recreational vehicles shall be located outside the boundaries of any 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 only for storage of personal and household belongings for each temporary dwelling.

F.

For water hook-ups, the temporary dwelling shall be connected to an approved source of water meeting one of the following criteria:

Public water supply;

Existing well provided that it has been approved by the department of public health, environmental health division as safe for domestic consumption; or

Other water source approved by the town.

G.

For sewage disposal hook-ups, the temporary dwelling shall be connected to an approved sewage disposal system meeting one of the following criteria:

Public sewer system;

A new or existing on-site sewage disposal system that has been approved by the town to be intact, adequately sized, and functioning correctly;

H.

For electricity hook-ups, the temporary dwelling shall be connected to an approved source of electricity satisfying the following:

A permitted power pole and inspected electrical service hook-up.

I.

At all times the temporary dwelling shall be served by solid waste collection services by the town franchisee.

J.

At all times the temporary dwelling shall be in compliance with all Code requirements and laws relating to maintenance of real property.

Two violations within a twelve month period, or two citations on a single violation, of any requirements set forth in Section 8.61.070, standards, may be cause for revocation of the temporary use permit in accordance with the procedures outlined in Section 17.45.230, violation of terms of the use permit, as well as proceeding with public nuisance abatement set forth in Section 8.61.140, public nuisance abatement procedure.

(Ord. No. 612, § 8, 9-14-2021, eff. 9-14-2021)

For the effective period of this chapter, accessory residential structures on an eligible property, which also meets residential group R occupancies as established by the California Residential Code adopted by the town, 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 the county, but shall remain subject to all other existing regulations and limitations.

(Ord. No. 612, § 9, 9-14-2021, eff. 9-14-2021)

similar uses.

Notwithstanding any contrary provision in this 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 on an eligible property as interim housing for persons displaced by the Camp Fire.

(Ord. No. 612, § 10, 9-14-2021, eff. 9-14-2021)

facilities.

Notwithstanding any contrary provision in this 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 eligible property, subject to a temporary use permit and any existing applicable standards, and subject to a building permit if any renovations are required. Nothing in this chapter waives or affects any state law requirements applicable to such facilities.

(Ord. No. 612, § 11, 9-14-2021, eff. 9-14-2021)

Notwithstanding any other provision of Title 17, while this chapter is in effect, an accessory building may be established as a permitted land use prior to the issuance of a building permit for construction of a residence upon an eligible property located within all agricultural residential, rural residential, town residential, and multi-family zoning districts and shall meet the following standards:

A.

The accessory building shall not exceed a building coverage area of ten percent of the lot size of the affected property located in any of the agricultural-residential, rural residential, one-ace minimum (RR-1) and rural residential two-third acre minimum (RR-2/3) zoning districts.

B.

The accessory building shall not exceed a building coverage area of five percent of the lot size of the affected property located in any of the town residential, rural residential, one-half acre minimum (RR-1/2), and multiple-family residential [MF] zoning districts.

C.

At all times, the accessory building shall be located outside the boundaries of any recorded easements, roads, driveways, designated flood hazard locations, areas prone to landslide or debris flow, and required front, rear and side yard setback areas.

D.

The accessory building shall be designed and constructed to comply with Wildland Urban Interface {WUI] standards.

E.

Whenever the accessory building is to exceed a floor area of one hundred twenty square feet and/or to be connected to utilities the property owner or the property owner's authorized agent shall obtain all town permits for subject accessory building(s). Written consent of the property owner is required in all cases.

F.

Town permit applications for establishment of an accessory building shall include submittal of a subject property plot plan: 1) drawn to a common scale; 2) designed in compliance with the Town's "minimum plan standards" for residential rebuild; and 3) including either a concurrent or future residential dwelling.

G.

Before the expiration of this chapter, all owners of accessory buildings constructed under this chapter shall have applied for building permits to construct a primary residence on the owners' property.

(Ord. No. 612, § 12, 9-14-2021, eff. 9-14-2021)

A.

The town council shall establish and appoint an exceptions committee.

B.

The exceptions committee shall consist of two town council members.

C.

The purpose of the exceptions committee shall be to review and refer cases to the town council, for review and potential approval, regarding written requests for exceptions to this chapter.

D.

The requests shall be in writing and shall be accompanied by data and documents as required by the exceptions committee.

E.

The council may, by majority vote and in its sole discretion, authorize exceptions to the terms of this chapter as recommended by the exceptions committee.

(Ord. No. 612, § 13, 9-14-2021, eff. 9-14-2021)

It shall be an infraction and a public nuisance to violate this chapter.

(Ord. No. 612, § 14, 9-14-2021, eff. 9-14-2021)

The town may, in addition to other authorized procedures set forth in this chapter, take action to abate such public nuisance in accordance with the following procedures when any person violates this chapter:

A.

The director, or his or her designee, shall notify, in writing, the property owner of the public nuisance on his or her property.

B.

The notice shall be effective if it is posted at the property and mailed by certified or registered mail to the owner of record of the property on the last published assessment tax roll of the county assessor's office. The notice shall specify what constitutes the public nuisance together with an order to abate the public nuisance within a specific time period, advise the property owner of the right to an appeal hearing where the property owner may present evidence in defense, and advise the property owner that the town may assess the property for the cost of abatement.

C.

The appeal hearing shall be requested in writing by the property owner to the town clerk within ten calendar days after the date on which the notice is mailed. If the property owner fails to request an appeal hearing within such ten calendar days, the abatement notice shall be final.

D.

After receiving a timely appeal, the town shall set a noticed hearing on the appeal by an impartial hearing officer. The decision of the hearing officer shall be made in writing within fourteen calendar days after the hearing. The decision of the hearing officer shall be final. If the public nuisance is determined to exist, the hearing officer shall specify in his or her decision the time period for the property owner to abate the public nuisance.

E.

In any event, if the public nuisance is not abated within the time specified in either the initial notice and order or the hearing officer's decision, the town may abate the public nuisance in accordance with this chapter.

F.

The town's costs to abate the public nuisance shall be subject to the procedures set forth in Sections 8.04.100, 8.04.110, 8.04.120 and 8.04.130.

(Ord. No. 612, § 15, 9-14-2021, eff. 9-14-2021)

Adoption of this chapter is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section 15269(a) regarding maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster stricken area in which a state of emergency has been proclaimed by the governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the California Government Code.

(Ord. No. 612, § 16, 9-14-2021, eff. 9-14-2021)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter. The town council hereby declares that it would have passed this chapter and every section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

(Ord. No. 612, § 17, 9-14-2021, eff. 9-14-2021)

This chapter shall be and the same is hereby declared to be in full force and effect immediately upon its passage by a four-fifths or greater vote. The town clerk is authorized and directed to publish a summary of the ordinance from which this chapter derived before the expiration of fifteen days after its passage. This chapter shall be published once, with the names of the members of the town council members voting for and against it, in the Paradise Post, a newspaper of general circulation published in the town. A complete

copy of the ordinance from which this chapter derived is on file with the town clerk of the town council and is available for public inspection and copying during regular business hours in the office of the town clerk.

(Ord. No. 612, § 18, 9-14-2021, eff. 9-14-2021)

This chapter shall expire on April 30, 2025.

(Ord. No. 632, § 5, 1-9-2024, eff. 1-9-2024; Ord. No. 624, § 2, 3-17-2023, eff. 3-17-2023; Ord. No. 612, § 19, 9-14-2021, eff. 9-14-2021)