Chapter 40A — KINCADE FIRE DISASTER RECOVERY

Editor's note— Ord. No. 6398, § IV(Exh. B), adopted Dec. 13, 2022, amended Ch. 40A in its entirety to read as herein set out. Former Ch. 40A, §§ 40A-1—40A-6, 40A-20, 40A-21, 40A-30—40A-33, 40A-40—40A-47, 40A-50—40A-52, pertained to similar subject matter and derived from Ord. No. 6362, § V(Exh. B), adopted Dec. 14, 2021.

Article I. - General.

This chapter shall be known as the Kincade Fire Disaster Recovery Ordinance.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

This chapter is enacted for the purpose of modifying and temporarily suspending various county housing, permitting and health and safety provisions and policies, to expedite recovery and rebuilding from the Kincade Fire and to ensure that displaced persons are housed in safe, healthy, and habitable housing during the recovery period.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

This chapter shall be administered under the direction of the board of supervisors, by and through the director and other departments specified herein.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

A.

The director may establish administrative standards for use in implementing this chapter. Any administrative standards established pursuant to this chapter shall be made available to the public on the website of the permit and resource management department and upon request at the department.

B.

The director may reduce permit fees for like kind reconstruction on fire-damaged lots to reflect the reduced cost of processing reconstruction permits on previously developed lots. For purposes of this chapter, "permit fees" does not include development fees as defined in Chapter 26 of this code.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

A.

Except as may be otherwise specified herein, this chapter and all its provisions shall expire and be of no further force or effect on December 31, 2026, unless extended or modified by the board of supervisors.

Except as may be otherwise specified herein, no temporary emergency housing or temporary residential use that is authorized by this chapter shall be used for housing after the expiration date of this chapter.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

A.

This chapter is not intended and shall not be interpreted to conflict with the laws or constitution of the state of California.

B.

Nothing in this chapter is intended to supersede or suspend regulatory requirements or authority of the state Department of Housing and Community Development to regulate residential use of recreational vehicles as special occupancy parks or otherwise, except as such provisions may be suspended or modified by state law, executive order or emergency proclamation by the governor.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

Secs. 40A-7—40A-19. - Reserved. Article II. - Glossary.

This article provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any definition in this article conflicts with definitions in other provisions of this code, the definitions herein shall control for the purposes of this chapter. If a word is not defined in this article, the director shall determine the correct definition.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Kincade Fire burn area" refers to all of that land contained within the perimeter of the Kincade Fire as mapped by CALFIRE.

"CALFIRE." California Department of Forestry and Fire Protection or successor agency.

"Director." The director of the Permit and Resource Management Department of the county, or his or her authorized representative.

"Displaced person(s)." A county resident or residents whose primary dwelling was destroyed by the Kincade Fire, or whose primary dwelling was so damaged by the Kincade Fire that said dwelling is uninhabitable. Displaced person(s) may, in the discretion of the director, be required to provide verification to the county to substantiate eligibility for uses, permits and/or approvals described in this chapter. Required evidence of displacement may include a driver's license or other government-issued identification card, utility bill, or similar document demonstrating that as of October 22, 2019, the resident's primary dwelling was on a fire- damaged lot in the Kincade Fire burn area. Agricultural employees who as of October 22, 2019 resided in employer-provided housing or other shelter on a now fire-damaged lot shall be deemed displaced persons without necessity of providing documentary evidence of displacement.

"Effective date." The date of board adoption of this chapter.

"Fire-damaged lot." A lot, as defined in Section 26-04-120 of this code, that contained a legal permitted or legal non-conforming structure as of October 22, 2019 that was damaged or destroyed by the Kincade Fire.

"Kincade Fire." The wildfire that began in Sonoma County on October 23, 2019 and was designated as the "Kincade Fire" by CALFIRE, as referenced in Board of Supervisors Resolution 19-1657, adopted October 31, 2019, and the October 25, 2019 Proclamation of a State of Emergency by Governor Gavin Newsom.

"Reconstruction." Replacement or substantial repair, on the same fire-damaged lot and with no change in use, of a conforming or legal non-conforming structure that was either destroyed by the Kincade Fire or was so structurally damaged that the structure cannot be inhabited or occupied.

"Recreational vehicle." A motor home, travel trailer, truck camper or camping trailer that is:

(1)

Self-contained and designed for human habitation for recreational or emergency occupancy;

(2)

Self-propelled, truck-mounted, or permanently towable on California roadways; and

(3)

A California Department of Motor Vehicles licensed vehicle; or a similar vehicle or structure as determined by the director.

"Repair." Repair of a structure damaged by the Kincade Fire, with no change in use.

"Residential zoning district." Those zoning districts identified in Article 8 of Chapter 26 of this code. For purposes of this chapter only, a lot located in the coastal zone and CC combining district is not located in a "residential zoning district."

"Residential lot." A legal lot located in any zoning district provided in Chapter 26 of this code that is either located in a residential zoning district or contains a dwelling, excluding lots located in the coastal zone and CC combining district.

"Temporary emergency housing." For purposes of this chapter, "temporary emergency housing" shall include a recreational vehicle as defined in this section, or a manufactured home as defined in Section 40A-51, that is occupied by one (1) or more displaced persons in accordance with the requirements of this chapter.

(Ord. No. 6501, § IV(Exh. B), 12-10-2024; Ord. No. 6398, § IV(Exh. B), 12-13-2022)

Secs. 40A-22—40A-29. - Reserved.