Paradise Municipal Code Ch. 8.62 Temporary Requirements for the Use of Certain Properties in Conjunction…

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Editor's note— Ord. No. 627, §§ 1—6, adopted June 28, 2023, did not specifically amend the code, but was added as Ch. 8.62, §§ 8.62.010—8.62.060, at the editor's discretion. This chapter will expire on December 31, 2025.

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 finds that this chapter is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts:

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. The Camp Fire consumed more than 153,336 acres and led to the destruction of thousands of residences, multiple family dwellings, commercial buildings, and other structures in the town.

C. The Camp Fire was caused by faulty above-ground electrical transmission lines. It is widely understood that underground electrical lines and utilities offer an increased level of safety for residents and the town.

D. Pacific Gas and Electric and other utility providers have agreed to relocate their utility lines to underground facilities. This undergrounding can cause significant trip travel for workers and heavy equipment, which congests the town's roads and increases the risk of further incident to the public health and safety to citizens of the town.

E. The implementation of "laydown yards" where supplies can be staged near the location where the undergrounding of utilities is occurring is one measure to mitigate the risks to the public health and safety. In addition, standards, protocol and procedures are needed to facilitate and ensure "laydown yards" do not further disrupt Town residents in the vicinity of the undergrounding activity.

F. It is essential that this chapter become immediately effective to mitigate the harm that could be caused to the public health and safety related to the process of utility undergrounding.

(Ord. No. 627, § 1, 6-28-2023)

This chapter shall take effect immediately upon adoption and shall remain in effect until December 31, 2025.

(Ord. No. 627, § 2, 6-28-2023)

A. Notwithstanding any other provision of this code, during the duration of this urgency ordinance the community development director (hereafter "director") or his/her designee is empowered to grant a temporary use permit and/or an administrative permit to authorize or conditionally authorize the following temporary land use within the industrial-service, community-commercial, central-business, multiple-family, community-services, community-facilities, resource conservation, agricultural, or neighborhood-commercial zones, or grant an administrative permit within the agricultural-residential, rural-residential, and town-residential zones when directly associated with utility undergrounding programs:

1. General vehicle/equipment storage as defined in Section 17.04.500, hereafter referred to in this section as "temporary storage yard".

B. The director or his/her designee may authorize such temporary storage use based on substantial evidence that:

1. The temporary storage use shall not adversely impact the public health, safety, or convenience or create undue traffic hazards or congestion.

2. The temporary storage use shall not adversely interfere with the permitted use of other land uses and activities on the site or in the general vicinity.

3. The temporary storage use shall be conducted in a manner compatible with the land uses in the general vicinity.

C. The director may establish such additional conditions as necessary to ensure land use compatibility and to minimize potential negative impacts, which may include but is not limited to the following:

1. Hours and frequency of operation;

2. Temporary arrangements for parking and circulation;

3. Requirements for screening or enclosure;

4. Guarantees for site restoration and cleanup following the temporary storage use;

5. Posting of a sign at the entrance of the temporary storage yard with site and utility contact information;

6. Requirements for noticing residents within a reasonable distance of the temporary storage yard regarding the estimated construction duration, on-site contact information, and utility supervisor contact information for escalation of complaints;

7. Restrict access to septic tank and leech field areas on the temporary storage yard property; and

8. Requirements for dust control and maintenance of temporary storage yard property; and

9. Use of a private road easement shall not be permitted unless written consent to such use is provided by all property owners having legal interest in the private road easement.

D. Notice. At least ten (10) calendar days prior to issuance of an administrative permit, pursuant to this section, the community development department shall provide a mailed notice to property owners within three hundred (300) feet of the property line of the subject parcel(s). The notice shall include all applicable standards and limitations placed upon the temporary storage yard and the phone number and email of a designated contact for concern regarding the temporary storage yard's proposed operations. The administrative permit shall be issued without a formal hearing unless one is requested by either the applicant or other affected persons within ten (10) calendar days from mailing of the notice. If a hearing is requested, it shall be scheduled for the next available planning commission meeting and the planning commission shall hear the request. The planning commission may impose conditions and requirements in addition to the standards set forth above, or may deny the administrative permit to mitigate impacts to uses on surrounding properties in its sole discretion. Unless otherwise appealed to the town council within ten (10) calendar days of the planning commission action, the decision of the planning commission shall be final.

(Ord. No. 627, § 3, 6-28-2023)

A. When the director determines that an activity is being performed in violation of this chapter, the director may immediately suspend the temporary use permit and/or administrative permit. In addition, pursuant to California Constitution Article XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 38773, and this code, if the director determines that a violation of this chapter has created an emergency condition which seriously endangers the public health or safety, the town may abate the condition within the town.

1. Pre-Abatement Notice. Unless emergency conditions preclude doing so, the director shall issue a summary abatement notice and order with reasonable notice. The notice and order shall be mailed to the temporary use permit and/or administrative permit holder. A summary of the notice and order shall be posted in a conspicuous location on the property to be abated at least three (3) calendar days prior to the summary abatement action.

2. Appeal and Waiver. The temporary use permit and/or administrative permit holder or any person or entity having a legal interest in the property may submit a written appeal of the director's order to the town council no later than two (2) calendar days from the date of mailing of the notice and order. The written appeal shall state the basis for the appeal. The appeal shall be heard by a town-appointed hearing officer regarding the appeal and shall issue a written decision (the "decision") no later than ten (10) calendar days after receipt. The decision shall uphold, rescind or modify the determination of the notice and order. The decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.

3. Post Abatement Notice. After the summary abatement is completed, the director shall serve the temporary use permit and/or administrative permit holder with a post abatement notice that sets forth:

a. The actions taken by the town;

b. The reasons for the actions;

c. A statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the town's intent to collect those costs; and

d. Right to appeal the costs determination within ten (10) calendar days of the notice.

(Ord. No. 627, § 4, 6-28-2023)

The town attorney is authorized to initiate judicial enforcement as to a violation of any provision of this ordinance without further town council approval.

(Ord. No. 627, § 5, 6-28-2023)

The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. No. 627, § 6, 6-28-2023)