6 The Board of Supervisors of the County of Butte ordains as. 10 and and shall take effect immediately upon its approval by

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1 l Ordinance No. 2 2 AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE DISASTER RECOVERY URGENCY ORDINANCE FOR TEMPORARY HOUSING WITHIN AREAS AFFECTED BY THE CAMP FIRE: / VOTE REQUIRED The Board of Supervisors of the County of Butte ordains as follows: Section. Emergency Findings. This urgency ordinance is adopted pursuant to California Government Code Sections (d) 0 and and shall take effect immediately upon its approval by at least a four-fifths vote of the Board of Supervisors. The Board 2 finds that this ordinance is necessary for the immediate preservation of the public peace, health and safety, based upon the following facts: 2 A. B. C. Conditions of extreme peril to the safety of persons and property within the County were caused by the Camp Fire, commencing on the th day of November,, at which time the Board of Supervisors was not in session. California Government Code section 0 empowers the County Administrator to proclaim the existence of a local emergency when the county is affected or likely to be affected by a public calamity, subject to ratification by the Board of Supervisors at the earliest practicable time. On November,, the County Administrator of the County of Butte proclaimed the existence of a local

2 2 D. emergency within Butte County due to the Camp Fire. On November,, 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 0 of the Government 0 2 E. F. Code, and on November,, the Governor issued Executive Order B-- concerning the Camp Fire. On November 2,, the President of the United States declared the existence of a major disaster in the State of California, providing assistance from many federal agencies, including the Federal Emergency Management Agency ( FEMA). On November,, the Board of Supervisors adopted Resolution No. - ratifying the County Administrator's proclamation of the existence of a local emergency in Butte County. The resolution also requested that the State of California waive regulations that may hinder response and recovery efforts, as well as make available assistance under the California Disaster 2 G. Assistance Act or any other state funding, and that the Federal Government expedite access to federal resources and any other appropriate federal disaster relief program. The Camp Fire to date has consumed, acres and has led to the destruction of, residences, damage to 2 residences, the destruction of 2 multiple family 2

3 H. I. J. residences, the destruction of 2 commercial buildings, damage to 02 commercial buildings, the destruction of,2 other minor structures, and resulted in the evacuation of over 0,000 people. There is an immediate need for housing to accommodate persons who have been displaced by the Camp Fire. On December,, Butte County adopted Ordinance No. 0, an urgency ordinance entitled "Butte County Camp Fire Disaster Recovery Temporary Housing Urgency Ordinance," which temporarily relaxes some building and zoning regulations to allow for additional housing outside of the Camp Fire affected area for displaced persons. Due to the magnitude of the destruction, there may not be sufficient housing options outside of the Camp Fire affected area. This ordinance sets forth the circumstances under which persons displaced by the Camp Fire may move back onto property with temporary housing that was damaged or destroyed by the Camp Fire once the evacuation orders for the area are lifted. It is essential that the changes made by this ordinance, which are related to the use and occupancy of recreational vehicles and other residential structures, be implemented immediately to allow the fastest possible transition of homeless and displaced residents to interim and long-term shelter. There exists the potential for widespread toxic

4 2 0 2 K. L. exposures and threats to public health and the environment in the aftermath of a major wildfire disaster, and debris and ash from residential structure fires contains hazardous materials and the harmful heal th effects of hazardous materials produced by a wildfire are well-documented. 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. 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 2 M. handling can expose residents and workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community. The Camp Fire has created hazardous waste conditions in Butte County in the form of contaminated debris from

5 N. 0. 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. On November,, the Butte County Health Officer, Dr. Andy Miller, issued a Hazard Advisory Warning Against Habitat ion Of Destroyed Property that warned persons about the heal th hazards associated with fire debris until a property has been cleared of the hazardous materials. Although Butte County will allow persons displaced by the Camp Fire to move back onto property with housing that was damaged or destroyed by the Camp Fire once the evacuation orders for the area are lifted because of the shortage of available housing, persons moving back into the Camp Fire affected area do so at their own risk and should be aware of the heal th hazards. Butte County recognizes that the safest approach is to wait until a property is cleared of fire debris and hazardous materials before moving back and does not encourage any person displaced by the Camp Fire to move back until this clearing has occurred.

6 Section 2. Title. 2 This ordinance shall be known and may be cited as the Disaster Recovery Urgency Ordinance for Temporary Housing within Areas Affected by the Camp Fire. Section. Purpose., homes were destroyed by the Camp Fire in Paradise and surrounding unincorporated areas. This disaster has created a need for housing on a scale that cannot be accommodated through the 0 existing available housing in Butte County. To meet the immediate need for housing, Butte County relaxed some building and zoning 2 regulations in a prior ordinance to allow for additional temporary housing outside of the Camp Fire affected area. However, this additional temporary housing may not be sufficient to meet the large and immediate need. This ordinance relaxes some building and zoning regulations to allow for additional temporary housing inside of the Camp Fire affected area. Because of the great need, the ordinance allows habitation inside of the Camp Fire affected area before properties are cleared of fire debris and hazardous materials. Persons moving back to the area do so at their own risk and should make themselves aware of the health hazards of doing so. The ordinance allows persons to move onto a property that is one () acre in size or greater and that contains a residence that was damaged or destroyed by the Camp Fire. If the property has not 2 been cleared of fire debris and hazardous materials, the location of any temporary residence must be at least one hundred (00) feet

7 from the fire debris and hazardous materials and the temporary 2 residence need not be hooked up to utilities. Once the property has been cleared of fire debris and hazardous materials, the temporary residence must be hooked up to utilities within ninety (0) days. The purpose of this ordinance 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 for Butte County residents on private property during this housing crisis. 0 Section. Administration. 2 This ordinance shall be administered under the direction of the Board of Supervisors, by and through the Director and other departments specified herein. Section. Effective Period. A. The provisions in this ordinance shall remain in effect until December,, unless otherwise specified herein, subject to extension or modification by the Board of Supervisors. Unless extended or modified by 2 B. the Board of Supervisors, this ordinance shall expire on December,, and be of no further force or effect. Except as otherwise provided herein, no residential recreational vehicle use or interim housing authorized pursuant to this ordinance shall be used for permanent housing after the expiration date of this ordinance.

8 2 Section. Definitions. Except where the context clearly indicates otherwise, the following definitions shall govern the construction of the words and phrases used in the ordinance: Camp Fire. A,-acre wildfire that started near the community of Pulga on November,, destroying over,000 structures, which forced the evacuation of the Town of Paradise, Berry Creek, Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow, 0 Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee Hill, and other areas near the Cities of Chico and Oroville, and 2 proclaimed by the Board of Supervisors under Resolution -, 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 2, at 00 percent containment. Cargo Storage Container. 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. The Director of the Department of Development Services or his or her authorized representative. Displaced Person(s). A county resident or residents whose 2 residential dwelling has been destroyed or damaged by the Camp Fire, such that the resident(s) cannot occupy the dwelling.

9 Displaced person(s) may be required to provide verification to the 2 county to substantiate their eligibility for uses, permits and/or approvals described in this ordinance. verification by Federal Emergency Evidence may consist of 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 county. Such determination may be made by the Director or other county 0 personnel. Effective Date. The date of the Board of Supervisors adoption of 2 this ordinance. Fire Debris and Hazardous Materials. Debris, ash, metals, and completely or partially incinerated substances from structures that are located on properties that qualify under the CalOES Debris Removal Program. Movable Tiny House. For the purposes of this title, 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). or ANSI.2 (NFPA 2) 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 2 of not less than 0 square feet, and has no more than 0 square feet of habitable living space.

10 Recreational Vehicle. A motor home, travel trailer, truck camper 2 or camping trailer that is: ( ) 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 California roadways; and () a California Department of Motor Vehicles licensed vehicle, or a similar vehicle or structure as determined by the Director. Recreational Vehicle Park. A commercial use providing space for the accommodation of more than two recreational vehicles for 0 recreational or emergency housing, or for transient employee lodging purposes. 2 Temporary Dwelling. For purposes of this title, a temporary dwelling includes a recreational vehicle or a movable tiny house. Section. Initial use of temporary dwellings on properties that contain a damaged or destroyed residence. From the effective date of this ordinance until 0 days after the date a property is certified as being cleared of fire debris and hazardous materials by the Department of Public Health, Environmental Health Division, up to two temporary dwellings may be placed on a property that contains a residence that was damaged or destroyed in the Camp Fire provided that the temporary dwellings are located at least one hundred (00) feet from any fire debris or hazardous materials and subject to the applicable requirements 2 set forth under Section 0, Standards. 0

11 Section. Temporary dwellings with utility hook-ups. 2 The use of temporary dwellings utilizing hook-ups for water, sewage disposal, and/or electricity on a property that contains a residence that was damaged or destroyed in the Camp Fire during the term of this ordinance shall be allowed for use by persons displaced by the Camp Fire, subject to a temporary administrative permit, and subject to the applicable requirements set forth in Section 0, Standards. 0 Section. Use of Cargo Storage Containers. The use of cargo storage containers during the term of this 2 ordinance shall be allowed, subject to the applicable requirements set forth under Section 0, Standards. Section 0. Standards. All residential use of temporary dwellings and storage use of cargo storage containers shall meet the following standards. A. Minimum Parcel Size. Before a property has been cleared of fire debris and hazardous materials, the minimum parcel size for eligibility to locate a temporary dwelling on a property that contains a residence that was damaged or destroyed in the Camp Fire is one ( ) acre. An exception request for property that is less 2 than one () acre or setback to debris that is less than 00 feet may be made to the director if it can be demonstrated that an adequate exclusion zone can be

12 2 maintained to protect public safety from any fire debris or hazardous materials at all times. During the Phase II clean-up, the exclusion zone set by government-sponsored debris clean-up activities may require additional distances exceeding 00 feet to ensure safety. 0 2 B. C. Before a property has been cleared of fire debris and hazardous materials, eligibility under this ordinance is limited to those properties for which there is a signed and submitted Right of Entry Agreement for the CalOES Debris Removal Program or an approved Alternative Debris Removal Program Plan. Before a property has been cleared of fire debris and hazardous materials, temporary dwellings may be located within a required setback established in Chapter, Zoning, other than riparian setbacks, provided that 2 D. E. placement will allow for debris removal and reconstruction of the site and there is no other available location outside of the setback area. At all times, the property owner or the property owner's authorized agent shall obtain all county permits for all temporary dwellings that are hooked-up to utilities. Written consent of the property owner is required in all cases. At all times, residential use of temporary dwellings is limited to recreational vehicles and movable tiny houses 2

13 2 F. not on a permanent foundation and used to house persons displaced by the Camp Fire during the effective period of this ordinance. At all times, use of temporary dwellings on fireaffected sites shall be permitted only on a property on which a residence was damaged or destroyed in the Camp Fire. Proof of a damaged or destroyed residence shall 0 2 G. be verified by the Director based on prior final building permit or assessor's records, or other documentation satisfactory to the Director. At all times, temporary dwellings and cargo storage containers shall be located outside the boundaries of any recorded easements, roads, driveways, designated H. flood hazard locations, or areas prone to landslide or debris flow. Both temporary dwellings and cargo storage containers shall be located at least one hundred (00) feet from any fire debris or hazardous materials. At all times, use of a cargo storage container shall be for storage of personal and household belongings only. I. For water hook-ups, the temporary dwelling shall be connected to an approved source of water meeting one of the following criteria:. 2. Public water supply; Existing well provided that it has been approved by 2 the Department of Public Health, Environmental

14 2. Health Division as safe for domestic consumption; or Other water source approved by the Department of Public Health, Environmental Health Division. J. 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 Department of Public Health, Environmental Health Director to be intact, adequately sized, and functioning correctly;. Temporary holding tank with a contract with a. pumping company for regular pumping. A copy of the contract shall be provided to the Department of Public Health, Environmental Health Division; or Other method of sewage disposal approved by the Department of Public Health, Environmental Health Division. 2 K. For electricity hook-ups, the temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria:. Permitted electrical service hook-up; or 2. Other power source approved by the Director.

15 Section. Temporary Recreational Vehicle Parks. 2 The establishment of temporary recreational vehicle parks without requiring hook-ups to water, sewage disposal, and electricity in commercial zoning districts shall be allowed for 0 days or until 0 days after the date a property is certified as being cleared of fire debris and hazardous materials by the Department of Public Health, Environmental Health Division, whichever is longer, subject to a temporary administrative permit. Temporary Recreational Vehicle Parks that are served with water, sewage 0 disposal, and electricity hook-ups may continue for the term of 2 this ordinance. Temporary Recreational Vehicle Parks are subject to the applicable requirements set forth under Section 0, Standards, as well as the following standards: A. Minimum Parcel Size. Before a property has been cleared of fire debris and hazardous materials, the minimum parcel size for eligibility to locate a Temporary 2 Recreational Vehicle Park on a commercially zoned property is two (2) acres, provided that an exclusion zone of one hundred ( 00) feet or greater to any fire debris or hazardous materials can be maintained at all times. During the Phase II clean-up, the exclusion zone set by government-sponsored debris clean-up activities may require additional distances exceeding 00 feet to ensure safety. B. All areas occupied by recreational vehicles and access aisles, driveways, and roads shall have an all-weather

16 surface capable of supporting a 0,000 lb. load that 2 C. will allow for ingress and egress of fire apparatus to within 0 feet of all units and a vertical clearance of no less than feet. Driveways and aisles shall have a minimum width of feet. D. Obtain a County Encroachment permit for all new and 0 2 E. existing driveway approaches to publicly maintained roads as specified in the County Improvement Standards. The temporary administrative permit may be subject to additional requirements from Butte County Fire, Butte County Public Works, and the State Regional Water Quality Control Board. Section 2. Removal and disconnection. Every temporary dwelling allowed by this ordinance shall be disconnected from water, sewage disposal, and/or electricity hook- ups and removed from the property on which it is located no later than the expiration date of this ordinance or within 0 days of issuance of the certificate of occupancy for a replacement dwelling, whichever is earliest. Section. CEQA. Adoption of this Ordinance is exempt from the provisions of the 2 California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 00(b) () regarding projects to maintain,

17 repair, restore, or replace property or facilities damaged or 2 destroyed as a result of a declared disaster and Section 00 (b) () regarding actions to mitigate or prevent an emergency, and CEQA Guidelines Section (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 0 of the Government Code. 0 Section. Severability. 2 If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section. Effective Date and Publication. This Ordinance 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 Clerk of the Board of Supervisors is authorized and directed to publish this ordinance 2 before the expiration of fifteen () days after its passage. This Ordinance shall be published once, with the names of the members

18 of the Board of Supervisors voting for and against lt, in 2 a newspaper of general circulation published in the County of Butte, State of California. Pursuant to Government Code section, a complete copy of this ordinance is on file with the Clerk of the Board of Supervisors and is available for public inspection and copying during regular business hours in the off ice of the Clerk of the Board of Supervisors, 2 County Center Drive, Oroville, CA. 0 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the st day of December by the 2 following vote : AYES : Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert NOES : ABSENT: NOT VOTING: STEVE~ ~ Butte County Board of Supervisors ATTEST: SHARI MCCRACKEN, Chief Administrative Off ice r and Clerk of the Board By: 2