Chapter 86.15 — POST-DISASTER REBUILDING

(a) Expeditious Repair and Reconstruction. This Chapter establishes the land use regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the Board.

(b) No Exemptions from Health and Safety Requirements. The Chapter allows modifications to some sections of this Development Code but does not allow exemption from the health and safety requirements of this Development Code.

(c) Extreme Hazard Areas Are Not Included. In addition, structures located in an Extreme Hazard Area are not included.

(Ord. 4011, passed - -2007)

The provisions of this Chapter are applicable for a period of 180 days following each disaster for which a local emergency has been declared by the Board. The Board may extend the provisions as necessary. (Ord. 4011, passed - -2007)

For the purposes of this Chapter the following definitions shall apply:

EXTREME HAZARD AREA. A mapped area established by separate action of the Board, or other authorized official, as a moratorium area which contains hazards to health and safety, caused by the disaster, requiring in-depth study before allowing rebuilding of any kind.

IN-KIND. The same as the prior structure in terms of height, number of units, shape, size, in the same general location, and to be occupied by the same general use.

NEW CONSTRUCTION. The demolition and replacement of a damaged structure with a new structure which is not in-kind.

RECONSTRUCTION. The demolition and replacement in-kind of a damaged structure by a new structure, with no alteration or expansion.

REPAIR. The fixing in-kind of a damaged structure, with no alteration or expansion. (Ord. 4011, passed - -2007)

(a) No Exemptions for Illegal Structures. Structures illegally constructed or occupancies illegally established before the disaster shall not be reconstructed or reestablished.

(b) Compliance with Development Code Required. The provisions of this Development Code shall be met unless specifically modified or exempted.

(c) If Conflicts Occur. Where the provisions of this Chapter conflict with other provisions of this Development Code, the provisions of this Chapter shall prevail.

(Ord. 4011, passed - -2007)

(a) General.

(1) Criteria to Receive Modifications. In order to be eligible for modifications of the provisions of this

Development Code and expedited application processing, an application shall meet all of the following criteria:

• (A) The application shall be for the reconstruction or repair of damage caused by the disaster;

• (B) The application shall have been filed after the occurrence of the disaster;

• (C) The application site is not within an Extreme Hazard Area;

• (D) The application does not violate applicable County, State, or Federal law; and

(E) Various kinds of information or proof of the previous use and structure may be required. This information may include: aerial photos, copies of Building Permits, County Assessor’s records, original construction plans, photographs, property deeds, reports/studies, and surveys. Adequate proof that the damage to the structure was the result of the disaster may also be required.

(2) Conforming Structures and Uses.

(A) Conforming single-family residential, duplex, triplex, and agricultural structures may be reconstructed inkind after the issuance of applicable permits. Conforming single-family structures may be altered and expanded so long as they meet all applicable Development Code requirements.

(B) Conforming structures and uses subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit.

(I) Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, or Site Plan Permit, and for which approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of applicable permits.

(II) Conforming structures, occupied by conforming uses which are subject to a Conditional Use Permit, Minor Use Permit, Site Plan Permit, and where no approved plot plans are available for review, may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit and all other applicable permits.

• (3) Nonconforming Uses and Structures.

(A) Single-family residential, duplex, and triplex structures located in residential land use zoning districts not in compliance with the provisions of this Development Code may be reconstructed or repaired in-kind after the issuance of applicable permits.

(B) Nonconforming multi-family residential structures located in residential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.

(C) Nonconforming commercial, industrial, and institutional structures located in nonresidential land use zoning districts may be reconstructed or repaired in-kind after the issuance of a Site Plan Permit (as modified by the provisions of § 86.15.060(a), below) and all other applicable permits.

(D) Except as listed above, all other provisions of this Development Code shall apply.

(b) New Construction. All new construction shall be in compliance with the provisions of this Development Code.

• (c) Temporary Uses.

• (1) Residential.

(A) On-Site. Temporary residential quarters are allowed on the site of residential unit(s) made uninhabitable by the disaster. The unit(s) may only substitute for the unit(s) previously on the property and may be placed after issuance of a Temporary Use Permit in compliance with Chapter 85.15. Under these circumstances, the Temporary Use Permit may be issued before the issuance of a permit to reconstruct the permanent unit(s), but a Building Permit shall be applied for within 180 days after issuance of the Temporary Use Permit. Individual mobile units require individual approved Setdown Permits.

(B) Other Sites. Temporary mobile housing may be allowed on sites in any zoning/land use district with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits.

(2) Commercial, Commercial Agricultural, Industrial, Institutional Uses. Temporary nonresidential structures for commercial, commercial agricultural, industrial, or institutional uses, either singly or in groups, shall be allowed in any land use zoning district except residential, on the same site or on a different site than the original structure, with a Temporary Use Permit approved by the Building Official and subject to the special findings for a Temporary Use Permit identified in § 86.15.060(b), below). Individual mobile units require individual approved Setdown Permits. (Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)

(a) Site Plan Permits Post-Disaster.

(1) Site Plan Permit Process May Be Modified. Processing of a Site Plan Permit may be modified under the provisions of this Chapter to allow the proposed reconstruction or repair to comply as nearly as possible with the applicable development standards of this Development Code.

(2) Finding. Issuance of a Site Plan Permit under post-disaster circumstances shall include the finding that the site plan has been designed to meet the current requirements of this Development Code as closely as feasible, including access, landscaping, loading, open space, parking, setbacks, and walls.

(b) Temporary Use Permit Post-Disaster.

(1) Issuance of Temporary Use Permit Before Building Permit. A Temporary Use Permit processed under the provisions of this Chapter may be issued before the issuance of a Building Permit to reconstruct the permanent unit(s), but a Building Permit shall be applied for within 180 days after issuance of the Temporary Use Permit.

(2) Findings. Approval of temporary mobile housing or temporary nonresidential structures shall first require that all of the following findings can be made:

(A) The site for the proposed use is adequate in terms of shape and size to accommodate the proposed use and all required landscaping, loading, open spaces, parking, setbacks, walls and fences, yards, and other required features;

(B) The site for the proposed use has adequate access;

(C) The proposed use will not have a substantial adverse effect on abutting property or the allowed use of the abutting property;

(D) The proposed use is in compliance with the goals and policies of the General Plan and any applicable community plan or specific plan; and

(E) The lawful conditions stated in the approval are deemed reasonable and necessary to protect the public health, safety, and general welfare.

(Ord. 4011, passed - -2007)

All applications and permits approved under the provisions of this Chapter are exempt from the requirements of the California Environmental Quality Act (CEQA) in compliance with Public Resources Code §§ 21080 (b)(2) and (3) and § 21172 and § 15269 of the CEQA Guidelines.

(Ord. 4011, passed - -2007)

All land use decisions provided for by this Chapter shall be appealable in compliance with Chapter 86.08 (Appeals). (Ord. 4011, passed - -2007)