Publisher's Note: This Section has been AMENDED by new legislation (Ord. 2580, adopted 1-3-2023). The text of the amendment will be incorporated below when the ordinance is codified.
A. Purpose. The purpose of the disaster recovery structure permit process is to allow for:
1. The expedient response to the immediate need for temporary housing of evacuees and displaced persons of the Camp Fire, and individuals supporting the response effort to the Camp Fire; and
2. The temporary installation, use and/or expansion of nonresidential structures (e.g., temporary private school classrooms, temporary commercial buildings, etc.) to address the needs of evacuees and displaced persons of the Camp Fire, and individuals supporting the response effort to the Camp Fire.
B. Permit Required.
1. A permit may be issued by the Director pursuant to this chapter to allow for installation and use of temporary dwelling structures and temporary nonresidential structures.
2. A permit issued under this chapter shall be for up to a maximum of five (5) years, upon the request of the applicant and property owner, and upon determination by the Community Development Director. The applicant may seek an extension of a permit term, however, such extension shall not extend the term of use beyond five (5) years or by April 16, 2024.
3. Temporary disaster recovery structures may include use of manufactured or modular homes, manufactured or modular structures, or recreational vehicles. This chapter allows the use of existing structures, or the installation of manufactured or modular homes, manufactured or modular structures, or recreational vehicles as described herein. The Building Official and Fire Marshal shall determine compliance with the California Building Standards and may approve or deny any building permit accordingly.
4. Residential Purpose. Permits for temporary disaster recovery structures to be used for residential purposes shall be issued for legal parcels only in residential, commercial, and industrial zoning districts, or other alternative zones (PQ, Public/Quasi Public Facilities; OS2, Secondary Open Space) deemed appropriate. Permits for housing may be issued for new or existing structures.
5. Non-Residential Purpose. Permits for temporary disaster recovery structures to be used for non-residential purposes may be issued in commercial and industrial zoning districts, on sites presently used or approved for assembly use (e.g., churches) or other alternative zones (PQ, Public/Quasi Public Facilities; OS2, Secondary Open Space) deemed appropriate.
C. Development Standards. The following development standards shall apply to all temporary dwelling structures:
1. Temporary disaster recovery structures shall be subject to the following:
a. The California Building Standards Code. All requirements under the California Building Standards Code shall be complied with unless otherwise exempted or excepted. Adequate external lighting shall be provided for security purposes in compliance with the California Building Standards Code.
b. A density requirement determined by the Director at time of permit issuance. For group/assembly uses, an occupancy limit shall be specified in the permit. The number and density of temporary nonresidential and temporary dwelling structures, either individual, single-family units, or multi-bed/multi-tenant structures permitted on a parcel shall be determined through the Disaster Recovery Permit process.
c. The setbacks for temporary structures shall be the same as the building setbacks for the base zoning district in which the structures are located or as determined by the Director.
d. For proposals that include group quarters or multiple temporary dwelling structures with five (5) or more units on a single residential or non-residential property, at least one person designated as a facility manager shall be on-site at all times. The manager may be someone that lives onsite and not necessarily a paid onsite manager.
e. The number of bathrooms and showers required on site shall be determined through the building permit process and shall be consistent with the California Building Standards.
f. Each temporary unit shall provide the number of automobile and bicycle parking spaces required by Table 1-1. Upon good cause shown and in order to address site specific issues, the Director may require a greater or lesser number of spaces identified in Table 1-1 and impose conditions upon the temporary permit. Where underlying zoning requires a lesser parking requirement, such requirement shall prevail.
TABLE 1-1 – PARKING REQUIREMENTS
Vehicle
| Bicycle
| |
One single-family temporary housing unit (per parcel) | 1 space per temporary housing unit | None required |
Multiple temporary housing units (per parcel) | 1 space per temporary housing unit, plus 1 space per on-site staff person | 1 space per 4 temporary housing units |
Group quarters (including multiple beds in a single temporary unit to be occupied by individuals) | 1 space for each 100 sq. ft. of common sleeping area, plus 1 space per on-site staff person | 1 space per temporary housing unit |
Nonresidential structures | – Office/retail: 1 space for each 500 sq. ft. of floor space of office or area open to public; – Warehousing: 1 space for each 1,000 sq. ft. of floor space of warehousing or 1 space per on-site staff person; – Medical: 1 space for each 500 sq. ft. of floor space of medical facility, and 1 space per on-site staff person. | 1 space per vehicle parking space (new) |
g. Pedestrian and vehicular surfacing shall be provided as determined by the Building Official and/or Public Works Director.
h. Water and wastewater service shall be available on the site proposed for temporary dwelling structures as provided below.
1. Water - Water shall be provided on site by the California Water Service Company (Cal Water), unless an alternative water source is approved by the Building Official that complies with provisions of the California Building Standards. To protect the public water system, the appropriate approved backflow device shall be required.
2. Wastewater - To protect public health, connection to the wastewater system is required, except as specified below in 19.76.210C(1)h(3) below for existing on-site sewage systems. The Director of Public Works will determine the appropriate connection requirement. A sewer application shall be submitted to the City, providing details relating to the temporary dwelling structure design and connection for disposing of wastewater. Wastewater connection fees shall be waived for any temporary dwelling structures under this ordinance. However, monthly sewer service fees shall apply in accordance with the municipal fee schedule.
3. Existing On-Site Sewage Systems - To protect public health, an existing on-site sewage disposal system that has been approved by the Butte County Environmental Health Division to be intact, adequately sized, and functioning, may be utilized. Other methods of sewage disposal approved by the Butte County Environmental Health Division may also be utilized.
i. Electrical services shall be available on the site proposed for temporary dwelling structures unless an alternate source is approved by the Building Official and is in accordance with any applicable provisions of the California Building Standards. All temporary or permanent electrical service shall be located on the subject site.
j. Temporary dwelling structures shall not be used as vacation rentals with terms of less than thirty (30) days.
k. Other requirements as conditioned by the Director to address site specific issues.
D. Permit Process. The following process shall apply to all temporary structures subject to this Chapter:
1. Application. Applicant shall file a written application. Applicant shall indicate the specific limited duration of time for which the permit is requested, and acknowledge requested use is for stated limited duration.
2. Bond required. Prior to issuance of a permit, a bond or other acceptable surety as determined by the Public Works Director shall be posted as a surety that the site will be cleaned up and restored to its original condition or equivalent. The property owner shall acknowledge responsibility to ensure before expiration of the permit that all units and structures shall be vacated, and the site restored to its original site condition or equivalent as determined by the Public Works Director.
3. Notice. At least ten (10) calendar days prior to taking action on any temporary unit permit, the Director shall notify, by mail, all persons or entities as follows:
a. Small Lots, projects with four (4) or less temporary dwelling units: mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.
b. Large Lots, projects with five (5) or more temporary dwelling units: mailing to all tenants (unit addresses) and owners of real property as shown on the County's latest equalized assessment roll, within a 500-foot radius of the subject parcel.
c. Nonresidential Disaster Recovery Permits: Noticing shall be subject to the Director's determination, but shall include one of the following:
1. On properties abutting nonresidential zoning districts: mailing to all tenants and owners of real property as shown on the County's latest equalized assessment roll, directly abutting or adjacent to the subject parcel.
2. On properties abutting residential properties: mailing to all tenants (unit addresses) and owners of real property as shown on the County's latest equalized assessment roll, within a 500-foot radius of the subject parcel.
4. Director's Action. No public hearing shall be held or oral testimony provided on the consideration of a permit. Written comments must be received by the Director prior the time and date specified in the notice, and shall be considered by the Director in consideration of the permit and conditions placed on such permit. The Director's decision to approve or deny a temporary permit shall be in writing. An appeal of the Director's decision to approve or deny a temporary dwelling unit permit or temporary use permit may be appealed to the City Council within ten (10) days from the date of the decision in accordance with the City's appeal process set forth in Chico Municipal Code Chapter 2.80.
E. Term of Ordinance. This Ordinance shall be valid until April 16, 2024, unless otherwise extended by the City Council, or until such later date as established by the City Council.
(Ord. 2524 §2 (part), Ord. 2526 §2 (part), Ord. 2580 §17)