This Chapter establishes a planning agency as provided by California Government Code Section 65100, comprised of the Board, the Commission, the Zoning Administrator, the Director and the Department. The planning agency shall perform all of the following functions:

A.

Prepare, periodically review, and revise, as necessary, the General Plan.

B.

Implement the General Plan through actions including but not limited to the administration of adopted community design standards, specific plans, and ordinances.

C.

Annually review the capital improvement program of the County and the public works projects of other local agencies for their consistency with the General Plan.

D.

Promote public interest, understanding, and comment on the general plan and regulations relating to it.

E.

Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the General Plan.

F.

Promote the coordination of local plans and programs with the plans and programs of other public agencies.

G.

Perform other functions as provided by the Board, including conducting studies and preparing plans other than those required or authorized by California Government Code Title 7, Sections 65100, et seq.

H.

Determine the adequacy of Environmental Impact Reports and other special reports in compliance with the California Environmental Quality Act (CEQA) and Section 130.51.030 (Application Filing and Processing—Environmental Review) in Article 5 (Planning Permit Processing) of this Title.

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*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

The Director shall have the responsibility and authority to direct the performance and responsibilities assigned by the Board in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, which includes the administration and enforcement of the provisions of this Title. Except where otherwise provided by this Title, the aforementioned responsibilities of the Director may also be carried out by Department staff under the supervision of the Director, to include but not be limited to the following:

A.

Perform staff-level project review, with or without notice. For other discretionary applications, make recommendations of approval, conditional approval, or denial to the proper review authority under Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

B.

Make investigations and reports on the design and improvements of proposed subdivisions and other discretionary applications affecting the development of real property, and make or recommend imposition of requirements or conditions on these applications.

C.

Prepare documents for the implementation of State Planning and Land Use Law (California Government Code Section 65000 et seq.) and other miscellaneous planning related laws. These documents shall include administrative policies, procedures, ordinances, resolutions, and project application filing forms, information, and requirements, and other public information documents.

D.

Act as or appoint the Zoning Administrator for purposes of complying with California Government Code Section 65900 et seq.

The Director or a designee shall serve as the Zoning Administrator in compliance with Subsection 130.60.020.D (Director and Department) above in this Chapter, as follows:

A.

The Zoning Administrator shall serve as the hearing officer and is assigned the review authority of original jurisdiction to consider and approve or deny applications for development applications in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title, parcel map applications under Title 120 (Subdivisions) of the County Code of Ordinances, and any other matter specifically provided by this Title. When the Zoning Administrator is a designee of the Director, that person shall also perform his/her other duties appropriate to the personnel title of the designee. The designee shall be subordinate and directly responsible to the Director and/or any intermediate supervisory staff in the performance of all duties except those of the Zoning Administrator. However, the designee shall not be subordinate to, nor under the direction or control of the Director when performing the duties of the Zoning Administrator.

B.

The Zoning Administrator may transfer original hearing jurisdiction to the Commission at his/her discretion when it is deemed necessary because of policy implications, unique or unusual circumstances, or the magnitude of a project.

The Commission, in compliance with Title 2 (Administration and Personnel) of the County Code of Ordinances, shall serve as the hearing body assigned to consider and approve or deny development applications under this Title and Title 120 (Subdivisions) of the County Code of Ordinances as either the review authority of original jurisdiction or on appeal, in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title. The Commission shall serve as an advisory agency to the Board on legislative actions including zone changes and general plan amendments, and any other matter specifically provided by this Title.

The Board shall act as the review authority for land use applications that require a public hearing and legislative action, and for those that are referred or appealed to the Board in compliance with Table 130.50.030.A (Review Authority) in Article 5 (Planning Permit Procedures) of this Title.

A Technical Advisory Committee (TAC), as defined in Article 8 (Glossary: see "Technical Advisory Committee") of this Title, shall review all applications for discretionary permits and, within the scope of their regulatory authority, provide comments and requirements to the Department that are recommended for the development of the project. The Department shall schedule a meeting to review said comments and requirements with the applicant, in compliance with the following procedures:

A.

The TAC shall meet as soon as possible after the application has been deemed complete, in compliance with Subsection 130.51.020.F (Application Forms, Submittal Process, and Fees) in Article 5 (Planning Permit Procedures) of this Title. In more complex projects, the Department may determine that a meeting date is required prior to the application being deemed complete in order to provide more immediate direction to the applicant.

B.

Meetings shall be noticed concurrently with the initial consultation letter sent by the Department to those agencies having jurisdiction or interest in the project for their review and comments.

C.

The TAC meeting, as an advisory part of the permit process, is not open to the general public. The TAC meeting shall be open to the applicant and/or the applicant's agent and, at their discretion, anyone else involved in the project, such as project managers, civil engineers, or environmental consultants.

The Board may establish by resolution a design review committee to review and comment upon discretionary development applications within the boundaries of the design review district. The terms and arrangements for the committee shall be as follows:

A.

Composition. A design review committee shall consist of no fewer than three and not more than five members. County officials shall not be included. The members shall be selected and appointed by the Board, as follows:

1.

At least three members shall be residents and owners of property located within the district boundaries.

2.

When more than three members comprise the committee, up to two additional members may be owners of commercial property located within the district boundaries.

B.

Compensation. The appointed members of the design review committee shall serve without compensation and shall not be entitled to reimbursement of mileage or necessary expenses by the County.

C.

Appointment. The term of office of each member shall be four years or until the first appointment and qualification of their successor. The first members shall classify themselves by lot so that the term of office of two members is two years, and remaining members is three years. Members otherwise serve until the appointment and qualification of their successor. Any member, even though they serve for a term, may be removed by the Board at any time without cause. A vacancy may be filled only for the unexpired term. All vacancies on the committee shall be immediately reported to the Board.

D.

Officers. At the first meeting of the design review committee, and thereafter at the first meeting of each calendar year, the committee shall elect from its membership a chairman, vice chairman, and secretary, who shall hold office for a term of one year and until the election of their successors.

E.

Meetings. Meetings may be held on the call of the chairman or any two members when matters are referred for committee review in compliance with Subsection H (Powers and Duties of the Design Review Committee) below in this Section, by mailing notice of the time, place, and purpose of the meeting to each member at least seven days prior to the meeting. The meetings, including public notice of such meetings, shall conform to the requirements of California Government Code Section 54950 et seq.

F.

Quorum. The majority of the appointed committee members shall constitute a quorum for the transaction of business, which translates to two out of three sitting members, or three out of four or five sitting members.

G.

Lapse of Membership. For reasons including, but not limited to continued absence, a member of the design review committee may be removed from office without cause, by an order adopted by a majority vote of the Board declaring that office vacant.

H.

Powers and Duties of the Design Review Committee. The design review committee shall have the following duties and powers:

1.

Act in an advisory capacity to the Director, Commission, or Board with regard to providing review and comment on discretionary development applications for multi-unit residential, commercial, mixed-use, and industrial applications within their district boundaries.

2.

Provide recommendations to the Board and the Director regarding the adoption, improvement, or modification of design review procedures and standards.

3.

Review projects for consistency with any related adopted design guidelines, standards, and ordinances.

The Director or a designee is appointed to administer, implement, and enforce the provisions of Chapter 130.32 (Flood Damage Prevention Ordinance) in Article 3 (Site Planning and Project Design Standards) of this Title by performing the duties and responsibilities under Section 130.32.040 (Administration) in Article 3 (Site Planning and Project Design Standards) of this Title.

Within the County there exist uses and structures that were lawfully established before the adoption of this Title, but which may be prohibited, regulated or restricted differently under the terms of this Title, as amended.

This Chapter specifies the manner in which these legal nonconforming uses and structures may be continued, and may be expanded under certain circumstances. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property owners.

Change of ownership, tenancy or management of a legal nonconforming use, structure or lot shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed in this Chapter.

A legal nonconforming structure may be continued and maintained as follows:

A.

A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, up to its pre-damage size and placement. Construction shall be completed within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County.

B.

A legal nonconforming structure or any part of it that is voluntarily destroyed or removed, may be rebuilt within the same footprint within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County, or shall lose all nonconforming status for any part or parts affected and may not be reconstructed.

C.

A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders, or may be increased in area or volume if the addition complies with this Title and the most recent County adopted Building Code.

D.

A legal nonconforming structure or accessory structure may be used or converted to any use that conforms to the zone district in which it is located and complies with the most recent County adopted Building Code. Such structure or accessory structure will not lose its nonconforming status if it has been vacant for any time.

E.

A structure considered non-conforming because it does not observe the required setbacks of the zone may be increased in area or volume, provided that the addition does not encroach further into the required setback.

A legal nonconforming use may be continued and maintained as follows:

A.

No increase in intensity or of the area, space, or volume occupied or devoted to a legal nonconforming use, except as allowed in this Chapter shall be allowed.

B.

A legal nonconforming use that has ceased or been abandoned for a continuous period of more than twelve consecutive months or more shall lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located, except as allowed.

If the legal nonconforming use is cultivated agricultural land, the use shall not be considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation.

C.

If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone district in which they are located, may be continued until the owner or occupant removes them for a continuous period of more than twelve consecutive months or more.

D.

Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in this Chapter.

E.

If a legal nonconforming use is converted to a conforming use, no previous nonconforming use may be resumed.

F.

Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders, or an increase in area or volume. All work shall meet the requirements of the most recent County adopted Building Code.

G.

A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. Reconstruction of the structure shall be allowed if the use is to be reestablished.

H.

A structure occupied by a legal non-conforming use that has ceased or been abandoned according to this Chapter may be allowed to be used for the same or less intensive use if the structure or structures cannot feasibly be used for any use consistent with the zone district in which it is located.

I.

A legal nonconforming use where no structure is involved may be restored up to its pre-damaged size and intensity if it is involuntarily damaged or destroyed. The use shall be reestablished within five years of the date of the damage.

The Commission may allow changes or expansions to legal non-conforming uses as set forth by a Conditional Use Permit. Procedures adopted for Conditional Use Permits shall be consistent with Article 5 (Planning Permit Procedures) of this Title, and the findings in Subsection D below in this Section shall be made by the Commission prior to approval.

A.

A legal nonconforming use may be changed to another nonconforming use of the same or less intensive nature.

B.

A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to economic market demands for the goods, products, or services provided.

C.

The time limits specified in this Chapter may be extended.

D.

The Commission shall make one or more of the following findings regarding changes or expansions to legal nonconforming uses:

1.

The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare.

2.

The change or expansion of the nonconforming use will not have a negative impact on the surrounding conforming uses and the area overall.

3.

Other property where the use would be conforming is unavailable, either physically or economically, within the limits of the nearest similarly developed area(s).

4.

No other appropriate remedies are available to bring the use into conformance, including amending the zone or zoning ordinance text.

Nonconforming lots are those lots legally created in compliance with Chapter 120.76 (Certificate of Compliance) of Title 120 (Subdivisions) of the County Code of Ordinances that do not conform to the lot area and dimension standards for the zones in which they are located. Nonconforming lots shall be subject to the following:

A.

The uses allowed in the zone shall be allowed on a nonconforming lot.

B.

Development standards for the zone in which the lot is located, including setbacks, shall be applied to all development on the lot.

Any structure for which the County has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the structure or use nonconforming, may be completed and used according to approved plans, specifications or permits as follows:

A.

For nonconforming uses, the use shall be commenced within two years of the effective date of the ordinance rendering such use nonconforming.

B.

For nonconforming structures, the construction shall be commenced within two years and completed within three years of the effective date of the ordinance rendering such structure nonconforming.

Any nonconforming use that is deemed by the Director to be discontinued or abandoned for a period in excess of twelve consecutive months shall cease, subject to the provisions in this chapter and the property owner shall have the burden of proof.

For purposes of calculating the twelve-month period, a use may be deemed discontinued or abandoned upon the occurrence of any of the following events:

1.

On the date when the use of the land is physically vacated or the date that existing structure(s) or facilities cease to be actively maintained, whichever comes first;

2.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land;

3.

On the date a request for final reading of utility meters is made to the applicable utility districts.

If the nonconforming use is discontinued or abandoned for a period of more than twelve consecutive months, any subsequent use of land shall conform to the applicable standards and criteria specified by this Title for the Zone District in which such land is located.

A determination of an abandoned nonconforming use may be appealed to the Commission. All appeal requests shall be submitted in writing on the approved appeal form within 20 business days from the date of notification by the County. All appeals shall be submitted with the then current processing fee, as established by resolution of the Board.

All appeal requests shall include at minimum a detailed description of all positive action(s) taken to maintain the nonconforming use during the time when the use was deemed by the Director to be discontinued or abandoned. During review of the appeal, the Commission shall:

1.

Find that the nonconforming use may continue subject to the provisions of this Chapter; or

2.

Find that the nonconforming use has been abandoned pursuant to this Chapter.

Restoration of an abandoned nonconforming uses may be allowed by Administrative Permit pursuant to standards for approval in Article 5 (Planning Permit Processing) of this Title. In addition to standard requirements, the Director shall also make the following five additional findings:

1.

Positive action(s) will be taken to resume the nonconforming use within a reasonable period;

2.

The nature and character of proposed structure(s) are substantially the same as that for which the structure(s) were originally designed;

3.

There is no material difference in the quality, character or degree of use;

4.

The proposed use will not adversely affect the other uses allowed by right in the Zone Districts of adjacent parcels; and

5.

The nonconforming use will not be detrimental to the public health, safety or welfare or be injurious to the neighborhood.

If in the opinion of the Director, restoration of the abandoned nonconforming use could contain potentially significant environmental impacts subject to CEQA or if the above findings cannot be made, a Conditional Use Permit (CUP) shall be required from the Commission pursuant to Article 5 (Planning Permit Processing) of this Title to consider restoration of the nonconforming use.

Nothing contained within this Chapter shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance, or a danger to the public health, safety and welfare.

This Chapter provides for amendments to this Title by changing either its provisions or the zone designation applicable to a parcel(s) through the respective text amendment or zone change application process.

A.

The text amendment process may be initiated by one of the following:

1.

By application of the owner(s) of the property for which the text change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

B.

A zone change application may be initiated by one of the following:

1.

The owner(s) of the property for which the zone change is sought;

2.

Resolution of intention of the Board; or

3.

Resolution of intention of the Commission.

C.

Following the filing of an application, or adoption of a resolution of intention of the Board or Commission as provided for in Subsections A or B above in this Section, and the completion of the application requirements, environmental review, and noticing procedures as provided for in Chapter 130.51 (General Application Procedures) in Article 5 (Planning Permit Procedures) of this Title, the Commission shall hold a public hearing on the request. The Commission shall make a report of its findings and a recommendation to the Board on the proposed text or zone change amendment.

D.

Where a zone change amendment to a higher density or intensity zone is being proposed, the Commission and the Board shall consider the criteria identified in General Plan Policy 2.2.5.3, including, but not limited to, consistency with the General Plan as to minimum parcel size or maximum density, availability of adequate infrastructure and support services for the increased land use demands, and compatibility with surrounding land uses.

E.

Following the hearing by the Commission, the Board shall hold a public hearing on the request. The Board may approve, modify, or disapprove the recommendation of the Commission, in part or in whole, provided the Board finds that the proposed text or zone change amendment is consistent with the General Plan. Any substantial modification to the proposed request made by the Board that was not previously considered by the Commission shall be referred back to the Commission for further findings and recommendation on that specific modification.

F.

A text or zone change amendment shall become effective on the 30th day following the adoption of an ordinance by the Board.

Amendments to the General Plan or any adopted specific plan, hereinafter referred to as "Plan amendments", shall be processed in the same manner as amendments to this Title in compliance with California Government Code Section 65358, except that the Plan amendments, if approved by the Board, shall be adopted by resolution rather than ordinance. A Plan amendment shall become effective on the 30th day following the adoption of a resolution by the Board.

In compliance with California Government Code Section 65870 et seq., a Covenant of Easement in favor of the County, may be required to achieve the use goals of the County as a condition of approval by the review authority to provide for open space, emergency access, ingress and egress, landscaping, parking, or light and air access to provide for solar and wind energy generation.

The form of the Covenant shall include the following, where applicable, subject to approval by County Counsel:

A.

A description of the real property that is subject to the easement and the real property to be benefited by the easement;

B.

The approval, permit, or designation granted, which relied upon or required the Covenant; and

C.

The purpose(s) of the easement.

A Covenant of Easement shall become effective upon recordation in the County Recorder's Office, as executed by the owner(s) of the real property. Upon recordation:

A.

The Covenant shall act as an easement in compliance with Civil Code Section 801 et seq., except that it shall not merge into any other interest in the real property.

B.

The Covenant shall be enforceable by all successors-in-interest to the real property benefited by the Covenant in compliance with Civil Code Section 1104.

C.

Notice of the Covenant shall be imparted to all persons to the extent afforded by the recording laws of the State.

A Covenant of Easement may be released by the Director acting as Zoning Administrator in compliance with Section 130.60.030 (Zoning Administrator) above in this Article, at the request of any person, whether or not that person has title to the real property, by the following process:

A.

A noticed public hearing shall be conducted in compliance with Subsection 130.51.051.C (Notice Requirements and Procedure) in Article 5 (Planning Permit Processing) of this Title.

B.

Prior to approving the request, findings shall be made that the Covenant on the property is no longer necessary to achieve the land use goals of the County.

C.

A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder's Office, in compliance with Section 130.54.020 (Effective Date of Permit Approvals) in Article 5 (Planning Permit Processing) of this Title.

Nothing in this Section creates standing in any person, other than the County and owner(s) of the real property burdened or benefited by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

This Chapter contains provisions to ensure compliance with the requirements of this Title and any conditions of permit approval.

All departments, officials, and employees of the County that are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and all other ordinances and shall issue no permit or license for uses, buildings, or purposes where they would be in conflict with the provisions of this Title.

It shall be the duty of the Director to administer the provisions of this Title in compliance with Chapter 9.02 (Code Enforcement) of Title 9 (Public Peace, Morals and Welfare) of the County Code of Ordinances. The Director shall be aided in this enforcement responsibility by the officers and authorized representatives of the County agencies, departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this Title.

Any structure erected, constructed, altered, enlarged, converted, moved, or maintained, or any land or structure that is used contrary to either the provisions of this Title or any condition of approval imposed through discretionary authorization, shall be declared unlawful and be subject to the provisions of Chapter 9.02 (Code Enforcement) of Title 9 (Public Peace, Morals and Welfare) of the County Code. Any act or omission made unlawful under this Title shall also include abetting, aiding, allowing, causing, or permitting the act or omission.

Where a structure or use of a lot is not in compliance with the provisions of this Title, no subsequent permit shall be issued by the County for any other structure or use on the same lot until such time as the illegal structure or use is brought into compliance or otherwise abated, except where such a permit would bring the illegal structure or use into compliance.

The remedies provided for in this Chapter shall be cumulative and not exclusive.

Upon determination that a violation of the provisions of this Title has occurred, the property owner shall be liable for the costs incurred by County staff for investigation and enforcement, as set forth in the adopted fee resolution, as may be amended from time to time.

This Chapter contains 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. This Chapter allows modifications to some sections of this Title but does not allow exemptions from any health and safety requirements.

The provisions of this Chapter, including the relaxation of development standards, are not applicable to structures located in a designated hazard area, such as special flood hazard, dam failure inundation, and avalanche hazard areas, or in any mapped area established by separate action of the Board or other authorized official, as a moratorium area due to hazards to health and safety caused by the disaster, which require in-depth study before allowing rebuilding of any kind.

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.

A.

Structures illegally constructed or uses illegally established before the disaster shall not be reconstructed or reestablished.

B.

Nonconforming structures shall be subject to the requirements under Section 130.61.030 (Legal Nonconforming Structures) above in this Article.

C.

Where the provisions of this Chapter do not conform to other provisions of this Title, the provisions of this Chapter shall prevail.

Whether or not the processing of building permit applications (hereinafter referred to as "application") is expedited based on either direction from the Board or Director's determination, the following modifications to the provisions of this Title shall be allowed, as follows:

A.

Application Requirements. In order to be eligible for modifications of the provisions of this Title and expedited application processing, when allowed, an application shall meet all of the following criteria:

1.

The application shall be for the reconstruction or repair of damage caused by the disaster;

2.

The application shall have been filed after the occurrence of the disaster;

3.

The application site is not within a designated hazard area; and

4.

The application does not violate applicable county, state, or federal law.

B.

Submittal Information Required. The County may require evidence that the previous use or structure existed prior to the disaster, including but not limited to: aerial photos, copies of building permits, County Assessor's records, original construction plans, photographs, property deeds, reports/studies, and surveys. Evidence that the damage to the structure was the result of the disaster may also be required.

C.

Conforming Structures and Uses.

1.

Submittal of previously approved site and building plans shall be allowed for the in-kind reconstruction of conforming structures in all zones. Where no previously approved plans are available for review or when alteration or expansion of conforming structures are being proposed, reconstruction will be subject to the standard site and building plan requirements for an application.

2.

Conforming structures occupied by conforming uses which are subject to a discretionary permit, to include but not be limited to a Conditional/Minor Use Permit, Variance, or Design Review Permit, may be reconstructed subject to previously approved site and building plans, with review by staff to ensure compliance with the discretionary permit. In the case where an approved site plan is not available for review, the property owner shall obtain issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to ensure compliance with the discretionary permit and all applicable development standards for the zone.

D.

Temporary Structures. Temporary mobile homes or recreational vehicles may be placed on any site made uninhabitable by disaster until such time as permanent structures can be completed, in compliance with time limits under Section 130.68.030 (Applicability) above in this Chapter, as follows:

1.

Residential Housing. Temporary residential use of mobile homes or recreational vehicles shall be allowed on the lot where a residential unit(s) is made uninhabitable by the disaster in compliance with Subsection 130.40.190.B.2 (Mobile/Manufactured Homes: Temporary While Constructing) in Article 4 (Specific Use Regulations) of this Title. One temporary mobile home or recreational vehicle for each unit previously located on the property may be installed after issuance of a temporary occupancy permit, which may be issued prior to issuance of the reconstruction permit(s).

2.

Non-residential Uses. Temporary mobile homes or recreational vehicles for non-residential uses, either singly or in groups, shall be allowed in any zone except residential zones and on the same lot as the damaged or destroyed structure, subject to the issuance of a temporary occupancy permit in compliance with Section 130.40.190 (Mobile/Manufactured Homes) in Article 4 (Specific Use Regulations) of this Title.

3.

Exception to Development Standards. Under a temporary occupancy permit, development standards for the zone, such as setbacks, may be modified so that placement of the temporary mobile home or recreational vehicle will allow for unobstructed reconstruction on the site, providing said placement does not have an adverse impact on public health and safety.

All applications and permits approved under the provisions of this Chapter are exempt from the requirements of CEQA in compliance with Public Resources Code Sections 21080(b)(2—3) and 21172, and Section 15269 of the CEQA Guidelines.

All decisions provided for in this Chapter shall be appealable in compliance with Chapter 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

This chapter shall be known as the Caldor Fire Resiliency and Rebuilding Ordinance.

(Ord. No. 5150, § 2, 9-10-2021)

This chapter is enacted for the purposes of modifying and temporarily suspending various County housing-related, permitting, and health and safety provisions and policies to expedite recovery and rebuilding of homes and communities destroyed or damaged by the Caldor Fire and to ensure that persons displaced as a result of the Caldor Fire are housed in safe, healthy, and habitable housing during the recovery period and can repair or rebuild damaged homes and communities as efficiently as possible while protecting public health and safety.

(Ord. No. 5150, § 2, 9-10-2021)

The terms and phrases in this Chapter 130.69 shall have the meanings ascribed to them in Article 8 (Glossary) and, for terms and phrases not provided in Article 8 (Glossary), shall have the meanings ascribed to them in this Section 130.69.120, except where the context clearly indicates a different meaning:

Accessory Dwelling Unit. A residential unit for one or more persons, either attached or detached, that provides complete and permanent independent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the proposed or existing primary residence and is situated in all zones that permit single-family or multi-family dwelling residential uses. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code or a manufactured home as defined in Section 18007 of the Health and Safety Code. This use type is intended to be consistent with Government Code Section 65852.2 and all other State laws as those laws are amended from time to time. If there is any conflict between this use classification and State law, State law shall prevail. This term includes secondary dwelling as currently utilized in Section 130.40.300 until that section is amended consistent with State law and, upon amendment, this term includes the definition provided by amendment.

Burn Area. All of that land contained within the California Department of Forestry and Fire Protection (CalFIRE) 2021 Caldor Fire Perimeter at the time the Caldor Fire is at 100 percent containment.

Caldor Fire. The fire that swept El Dorado County beginning on August 14, 2021, as referenced in Board of Supervisors Resolution 104-2021, adopted August 19, 2021, and which was the subject of the Proclamation of a State of Emergency by Governor Gavin Newsom and declaration of emergency by President Joseph R. Biden.

Displaced Person(s). A County resident or residents, including owners and renters, whose dwelling or accessory dwelling unit has been destroyed or damaged by the Caldor Fire, such that the resident(s) cannot occupy the dwelling or accessory dwelling unit. Displaced person(s) may be required to provide verification to the County to substantiate their eligibility for uses, permits, and/or benefits described in this Chapter 130.69. Evidence, as determined acceptable by the Planning and Building Department Director or his or her designee, may include but is not limited to verification by Federal Emergency Management Agency (FEMA) registration or damage assessment, a driver's license or other government-issued identification card or utility bill with a physical address showing the resident resided on a legal, fire-damaged lot in the burn area, or a rental or lease agreement for a property on a fire-damaged lot in the burn area. Within or adjacent to the burn area, displaced person(s) may include residents whose dwellings were not damaged or destroyed but who require temporary emergency housing because they are unable to access or reside in their home due to damage to roads or infrastructure as a result of the Caldor Fire or, during the debris removal stage, debris removal on surrounding fire-damaged lots would expose those residents to potential health risks from debris removal.

Fire-Damaged Lot. A lot, as defined in Section 130.80.020 of this Code, that as of August 14, 2021, contained a legal permitted or legal nonconforming dwelling or structure that was damaged or destroyed as a result of the Caldor Fire.

Legal Nonconforming Structure. A structure that was lawfully established before the adoption of this Title 130, but which may be prohibited, regulated, or restricted differently under the terms of this Title 130, as amended. A legal nonconforming structure does not include any structure that was illegal when constructed or constructed without a permit, if a permit was required at the time of construction.

Legal Nonconforming Use. A use that was lawfully established before the adoption of this Title 130, but which may be prohibited, regulated, or restricted differently under the terms of this Title 130, as amended. A legal nonconforming use does not include any use that was illegal when commenced or commenced without a permit, if a permit was required at the time of commencement.

Reconstruction. Replacement of a conforming or legal nonconforming structure that was destroyed by the Caldor Fire on the same lot and with no change in use.

Repair. Repair of a conforming or legal nonconforming structure damaged as a result of the Caldor Fire on the same lot with no change in use.

Substantially Equivalent. Shall have the same meaning as the term in subdivision (c) of Section 70 of the Revenue and Taxation Code.

Temporary Recreational Vehicle. Motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation that is: Designed for recreational or emergency occupancy; contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; contains 400 square feet or less of gross area measured at maximum horizontal projections; is built on a single chassis; is self-propelled or permanently towable or transportable on a vehicle on California roadways bearing the State or Federal insignia of approval for recreational vehicles and maintains current registration with the Department of Motor Vehicles (DMV) for the motor home, travel trailer, vehicle utilized for the camper, or camping trailer.

(Ord. No. 5150, § 2, 9-10-2021)

The Planning and Building Department Director or his or her designee may establish administrative standards for use in implementing this Chapter 130.69. Any administrative standards established pursuant to this Chapter 130.69 shall be in writing and made available to the public on the website of the Planning and Building Department with a copy provided upon request by a member of the public.

(Ord. No. 5150, § 2, 9-10-2021)

Except as may be otherwise specified herein, this Chapter 130.69 and all its provisions shall expire and be of no further force or effect after December 31, 2026, unless extended or modified by the Board of Supervisors.

(Ord. No. 5150, § 2, 9-10-2021)

A.

This Chapter 130.69 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 130.69 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 in 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. 5150, § 2, 9-10-2021)

A.

For fire-damaged lots in the burn area where the Caldor Fire destroyed or damaged a dwelling, two temporary recreational vehicles with an additional recreational vehicle for any legal accessory dwelling unit that was destroyed or damaged may be permitted in compliance with the permit requirements under Section 130.52.050.D.5 (Temporary Mobile Home Permit) unless otherwise stated here. Notwithstanding Section 130.52.050.D.5, a temporary recreational vehicle on a fire-damaged lot in the burn area may be used as a rental unit for displaced persons only if a dwelling or accessory dwelling unit on that lot was made available for rent for a term more than 30 days within six months of the Caldor Fire.

B.

No temporary recreational vehicle may be permitted or located on a fire-damaged lot without the concurrence of the Environmental Management Department. Any Temporary Mobile Home Permit may be denied because the debris on the property or status of debris removal results in health or safety hazards.

C.

Within the burn area, temporary recreational vehicles may be located on fire-damaged lots within zoning ordinance setback areas, excluding riparian setback areas, if such location is necessary to allow for unobstructed reconstruction on the lot.

D.

Generators are an acceptable source of power for temporary recreational vehicles permitted under this Chapter 130.69 on fire-damaged lots in the burn area.

E.

Notwithstanding Section 130.52.050.E, a Temporary Mobile Home Permit under this section shall automatically expire on the expiration date of this Chapter 130.69 or within 30 days of issuance of the certificate of occupancy, whichever is earlier. Upon expiration, every temporary recreational vehicle used as temporary emergency housing pursuant to this chapter shall be disconnected from sewer, septic, water, and/or power connections and residential occupancy of the temporary recreational vehicle shall no longer be a legal use unless authorized under State law or permitted under this Title 130 without the benefit of any exceptions under this Chapter 130.69.

(Ord. No. 5150, § 2, 9-10-2021; Ord. No. 5208, 9-17-2024)

A.

For fire-damaged lots in the burn area where the Caldor Fire destroyed or damaged a dwelling, one temporary mobile home may be allowed on a lot of any size in compliance with the permit requirements under Section 130.52.050.B.1 (Temporary Mobile Home Permit). A temporary mobile home under this Chapter 130.69 may be used as a rental unit on a fire-damaged lot in the burn area for displaced persons only if a dwelling or accessory dwelling unit on that lot was made available for rent for a term more than 30 days within six months of the Caldor Fire.

B.

No temporary mobile home may be permitted or located on a fire-damaged lot without the concurrence of the Environmental Management Department. Any Temporary Mobile Home Permit may be denied because the debris on the property or status of debris removal results in health or safety hazards.

C.

Notwithstanding Section 130.52.050.E, a Temporary Mobile Home Permit under this section shall automatically expire on the expiration date of this Chapter 130.69 or within 30 days of issuance of the certificate of occupancy, whichever is earlier. Upon expiration, every temporary mobile home used as temporary emergency housing pursuant to this chapter shall be disconnected from sewer, septic, water, and/or power connections and removed from the lot on which it is located, including any installed pad or foundation, or shall be permitted in compliance with Title 130 without the benefit of any exceptions under this Chapter 130.69.

(Ord. No. 5150, § 2, 9-10-2021)

Shipping containers for temporary storage of personal property may be permitted in the burn area with a building permit consistent with the "El Dorado County Building Services Policy for Residential Steel Shipping Containers Used as Storage." Such shipping containers for temporary storage shall not be used for human habitation or have utility connections. A building permit for a shipping container under this section need not meet the one acre minimum and screening requirements under Section 130.40.320.D.4, but the permit shall expire and the shipping container shall be permitted in compliance with Section 130.40.320.D.4 or be removed from the parcel on which it is located no later than the expiration date of this Chapter 130.69 or within 30 days of issuance of the certificate of occupancy, whichever is earlier.

(Ord. No. 5150, § 2, 9-10-2021)

Notwithstanding the limitations in Section 130.40.030.D.6.c (Accessory Structures and Uses) or any other contrary provision of County Code and only during the term of this Chapter 130.69, existing legally permitted pool houses, workshops, artist studios, or other residential accessory structures within or outside of the burn area that do not satisfy the requirements of a guest house under Section 130.40.150 or an accessory dwelling unit may be used or rented as temporary emergency housing for displaced persons pursuant to an Administrative Permit under Section 130.52.010 and subject to all other existing regulations and limitations, including habitability standards and the Building Codes. Residential occupancy of such structures shall no longer be a legal use after the expiration of this Chapter 130.69 unless authorized as a legal use under State law or other section of this Title 130. A lot owner shall notify tenants in writing of the temporary nature of the emergency housing and shall require and retain for two years written documentation confirming that the individuals are displaced persons.

(Ord. No. 5150, § 2, 9-10-2021)

A.

Notwithstanding any contrary provision in County Code and pursuant to a Temporary Use Permit issued in accordance with Section 130.52.060, any rental for a displaced person may exceed 30 days during the term of this Chapter 130.69 in all lodging facilities under Section 130.40.170, including agricultural homestays, agricultural and timber resource lodging, bed and breakfast inns, guest ranches, and health resort and retreat centers, vacation home rentals under Chapter 5.56, and hotels and motels. For any rental in excess of 30 days under this section, the owner of the lodging facility, vacation home rental, hotel, or motel shall require and retain for two years written documentation confirming that the individuals are displaced persons.

B.

Fire-damaged lots in the burn area on which a fully approved and permitted vacation home rental was legally operating in August or July 2021 prior to the Caldor Fire may continue to operate upon repair or reconstruction if lot ownership has not changed and the number of guestrooms within the vacation home rental does not change.

(Ord. No. 5150, § 2, 9-10-2021)

Notwithstanding any contrary provision in County Code and pursuant to an Administrative Permit under Section 130.52.010, agricultural employee housing and seasonal worker housing under Section 130.40.120 may be rented to displaced persons during the term of this Chapter 130.69 throughout the year without any requirement that the displaced persons are agricultural employees or seasonal workers. For any rental under this section, the owner of the agricultural employee housing or seasonal worker housing shall require and retain for two years written documentation confirming that the individuals are displaced persons.

(Ord. No. 5150, § 2, 9-10-2021)

A.

For all campgrounds and recreational vehicle parks, the length of stay limit of 30 days in Section 130.40.100.D.9 (Campgrounds and Recreational Vehicle Parks) shall not apply to campsites occupied by displaced persons.

B.

For all campgrounds and recreational vehicle parks, a Temporary Use Permit may be issued in accordance with Section 130.52.060 to allow for an additional nine sites per developable acre in addition to the nine sites per developable acre provided for in Section 130.40.100.D.1 for a total maximum of 18 sites per developable acre, provided that the additional density is limited to campsites made available only to displaced persons and there is adequate water supply and/or septic capability available to serve the additional campsites. The Temporary Use Permit allowing for increased density shall terminate upon expiration of this Chapter 130.69 and the allowable density after expiration of this Chapter 130.69 shall be governed by Section 130.40.100.D.1.

C.

A campground or recreational vehicle park utilizing an exception under this section shall require and retain for two years written documentation confirming that the individuals utilizing the campsite are displaced persons.

(Ord. No. 5150, § 2, 9-10-2021)

A.

Safe parking sites allowing overnight parking for displaced persons on private property may be permitted pursuant to a Temporary Use Permit under Section 130.52.010. The Planning and Building Department Director or his or her designee shall not issue a Temporary Use Permit for a safe parking site without the concurrence of the Sheriff's Office and Environmental Management Department. A safe parking site shall include registration requirements to establish proof of displaced persons status, security protocols, and health and safety standards. A Temporary Use Permit for a safe parking site shall establish maximum capacity limits for the site and any other site-specific limitations deemed necessary or appropriate to protect public health and safety.

B.

Upon termination of a safe parking site permit or the expiration of this Chapter 130.69, whichever is earlier, the safe parking site shall no longer be a legal use and any facilities, equipment, alterations, or signage utilized for the safe parking site shall be removed.

(Ord. No. 5150, § 2, 9-10-2021)

Within the Meyers Area Plan (MAP) Zones provided for in Chapter 130.26, all temporary emergency housing options provided for in this Chapter 130.69 and flexibility in zoning for child care, education, and church facilities provided for in Section 130.69.320 are intended to apply. Neither Chapter 130.26 nor the Meyers Area Plan shall be construed to prevent any of the permits provided for in this Chapter 130.69. Any exceptions made to Chapter 130.26, the Matrix of Allowed Uses (Table 130.26.050), development standards in Section 130.26.060, or the Meyers Area Plan to allow for any permit under this Chapter 130.69 shall expire and no longer be a legal use after expiration of this Chapter 130.69. Any permit issued under this Chapter 130.69 within the Meyers Area Plan Zones shall comply with all of the requirements and limitations provided in this Chapter 130.69 for the particular permit.

(Ord. No. 5150, § 2, 9-10-2021)

A.

The Planning and Building Department Director or his or her designee may revoke any permit issued under this Chapter 130.69, including but not limited to a Temporary Mobile Home Permit, an Administrative Permit, or a Temporary Use Permit, if the use, temporary emergency housing, structure, or condition violate this Chapter 130.69 or other County Code applicable to the permit, is unlawful under any State or Federal law, appears to create a nuisance, such as by accumulation, proliferation, or dispersal of trash, debris, or personal possessions, or poses a threat to public health or safety.

B.

Prior to revocation of any permit under this Chapter 130.69, the Planning and Building Department shall serve the permit owner(s) via regular and certified mail a written notice that identifies the violations and provides 30 days to correct the violations. If the violations are not corrected within 30 days, the permit shall be revoked.

C.

The decision to revoke a permit under this section shall not be appealable, but a new permit under this Chapter 130.69 may be obtained after the violations are remedied and compliance with this Chapter 130.69 is demonstrated, provided that any outstanding citations or costs of abatement are paid in full.

D.

After permit revocation under this section or termination of a permit under the terms of the permit or the expiration of this Chapter 130.69, continued violations shall be deemed a public nuisance and shall be subject to enforcement under Chapter 9.02, including but not limited to administrative citations, abatement, summary abatement, and recovery of costs through liens.

(Ord. No. 5150, § 2, 9-10-2021)

A.

Upon written request of an applicant, the Planning and Building Department Director, or designee, shall reduce or waive applicable permit fees adopted and charged by the Planning and Building Department and Environmental Management Department for:

1.

Permits necessary for temporary emergency housing for displaced persons on fire-damaged lots in the burn area, including, but not limited to, temporary mobile home and temporary recreational vehicle (RV) permits, temporary electrical permits, and temporary storage permits; or

2.

Permits necessary for demolition, repair, or replacement of a destroyed or damaged dwelling or structure on fire-damaged lots in the burn area, provided that the repair or replacement is substantially equivalent to the damaged or destroyed dwelling or structure, the applicant owned the lot as of August 14, 2021, and the permit application is submitted prior to the expiration of this Chapter 130.69; or

3.

Permits necessary for demolition, repair, or replacement of destroyed or damaged water wells and/or onsite wastewater treatment systems (septic systems) on fire-damaged lots in the burn area, provided that the repair or replacement is substantially equivalent to the damaged or destroyed water well and/or septic system, the applicant owned the lot as of August 14, 2021, and the permit application is submitted prior to the expiration of this Chapter 130.69.

B.

Before seeking a Caldor Fire permit fee reduction or waiver, an applicant must provide written documentation to the satisfaction of the Planning and Building Department Director, or his or her designee, establishing that the applicant (1) did not have insurance; or (2) did have insurance at the time of the damage or destruction of the dwelling or structure.

Upon review of an applicant's permit fee reduction or waiver request and confirmation of eligibility, the Planning and Building Department shall waive all applicable Caldor Fire permit fees as follows:

1.

Applicants that did not have insurance are eligible for a waiver of 100 percent of all applicable permit fees charged by the Planning and Building Department and Environmental Management Department; or

2.

Applicants that did have insurance, regardless of the extent of dwelling and/or structure coverage or are determined to be underinsured, are eligible for a waiver of 100 percent of all applicable permit fees charged by the Planning and Building Department and Environmental Management Department.

C.

No permit fee reduction or waiver may be granted for any permit for an illegal use or structure.

D.

Permit fee reductions and waivers under this section are exempt from the Board of Supervisors Policy B-2.

(Ord. No. 5150, § 2, 9-10-2021; Ord. No. 5163, § 2, 8-23-2022)

Consistent with Government Code Section 66011, no development impact fee adopted pursuant to the Mitigation Fee Act may be applied to the repair or reconstruction of any conforming or legal nonconforming residential, commercial, or industrial development project on a fire-damaged lot in the burn area. Any repair or reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed dwelling or structure, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee.

(Ord. No. 5150, § 2, 9-10-2021)

A.

All permits necessary for temporary emergency housing on fire-damaged lots in the burn area shall be prioritized over all other permits with the Planning and Building Department except for a permit that is subject to deadlines under State law and prioritizing that permit is necessary to meet the deadline in State law or the Planning and Building Department Director or his or her designee determines that prioritizing a permit is necessary to protect health or safety.

B.

All permits necessary for repair or reconstruction of a primary dwelling on a fire-damaged lot in the burn area submitted by the owner of the lot as of August 14, 2021 shall be prioritized over all other permits with the Planning and Building Department except for a permit that is subject to deadlines under State law and prioritizing that permit is necessary to meet the deadline in State law or the Planning and Building Department Director or his or her designee determines that prioritizing a permit is necessary to protect health or safety.

C.

Notwithstanding Section 130.51.050 (Public Notice Requirements and Procedures) or any other provision in County Code, all permits under this Chapter 130.69 may be issued without any public noticing or public oversight.

(Ord. No. 5150, § 2, 9-10-2021)

The following statement shall be posted on the County website and provided to all applicants for building permits in the burn area: "Due to the large number of structures destroyed in the Caldor Fire, it is anticipated that there will be a large number of applications for building permits in the burn area after fire debris and hazardous materials have been cleaned up. Building permits in the Caldor Fire area will not be issued until after a property has been cleared of fire debris and hazardous materials as a result of the Caldor Fire. Even if a property has been cleared of fire debris and hazardous materials or never had any fire debris and hazardous materials, it does not mean that there are no other health hazards or dangers on the property, including dangers resulting from fire-damaged or hazard trees. Property owners and residents must do their own investigation to determine whether there are any other health hazards or dangers on the property. The issuance of a building permit for the property does not accomplish this task. A building permit is a ministerial action requiring only limited review by the County to ensure that the structure meets all applicable building standards. In most zones, an individual is allowed by right to construct a residence after receiving a building permit that only requires conformity to building standards. The building permit is issued based on information supplied by the applicant without independent investigation by the County of the property or potential health hazards or dangers. Given the limited scope of enforcement, it is not possible for the County to identify potential health hazards or dangers that are not directly associated with the permitted structure. The applicant is in a position to inspect the property, identify potential health hazards or dangers, and tailor the application to avoid any potential health hazards or dangers."

(Ord. No. 5150, § 2, 9-10-2021)

A.

Consistent with Section 130.61.030, a legal nonconforming structure on a fire-damaged lot in the burn area may be repaired or reconstructed up to its pre-damage size and placement so long as the construction is completed within three years of the effective date of this Chapter 130.69 if located within a Community Region or five years of the effective date of this Chapter 130.69 if located in the remaining unincorporated area of the County. This section does not alter any requirements in the Building Codes and Fire Code to comply with the current provisions for any repair or reconstruction. The version of the Fire Safe Regulations in existence at the time of the application shall apply to any legal nonconforming structure. Under the version of the Fire Safe Regulations in effect when this Chapter 130.69 was adopted, and notwithstanding Section 1270.02 (Scope), reconstruction of a legal nonconforming structure shall comply with Section 1276.01 (Setback for Structure Defensible Space).

B.

Any legal nonconforming use prevented from continuation due to damage to a structure on a fire-damaged lot in the burn area may be restored if the structure necessary for the use is repaired or reconstructed consistent with subsection (A) above. Consistent with Section 130.61.040.I, any legal nonconforming use on a fire-damaged lot in the burn area where no structure was involved may be restored up to its pre-damaged size and intensity provided that it is reestablished within five years of the effective date of this Chapter 130.69. Any change or expansion in a legal nonconforming use shall be subject to Section 130.61.050. Nothing contained within this section shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance or a danger to the public health, safety, and welfare.

(Ord. No. 5150, § 2, 9-10-2021)

Notwithstanding any contrary provision of County Code, a lot line adjustment approval that is valid and not expired as of August 14, 2021 is hereby extended one year beyond its current date of expiration.

(Ord. No. 5150, § 2, 9-10-2021)

Notwithstanding any contrary provision of County Code, relocation of any Child Day Care Home, Child Day Care Center, Employer-Sponsored Child Day Care Center, Specialized Education and Training, Community Care Facility, Schools, including College and University and Elementary and Secondary, and Churches and Community Assembly on a fire-damaged lot in the burn area may be relocated to any existing buildings in any Commercial, Agricultural, Rural, and Resource, Industrial, or Research and Development Zone District subject only to an Administrative Permit in accordance with Section 130.52.010, and if required, a building permit for any renovations. Nothing in this title waives or affects any requirements under State law applicable to such facilities. The Administrative Permit shall expire on or before the expiration of this Chapter 130.69 and any subsequent use covered in this section shall be subject to the requirements under Title 130, including but not limited to the Matrix of Allowed Uses for each zone district.

(Ord. No. 5150, § 2, 9-10-2021)

A.

Any time limit imposed consistent with Section 130.54.060 for a permit or authorization for which the permit or authorization was not exercised before the Caldor Fire on a fire-damaged lot in the burn area shall be automatically extended an additional two years.

B.

Consistent with Section 130.68.050.C, conforming structures occupied by conforming uses which are subject to a discretionary permit, to include but not be limited to a Conditional/Minor Use Permit, Variance, or Design Review Permit, may be reconstructed subject to previously approved site and building plans, with review by staff to ensure compliance with the discretionary permit. In the case where an approved site plan is not available for review, the property owner shall obtain issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this title, to ensure compliance with the previously approved discretionary permit and all applicable development standards for the zone.

(Ord. No. 5150, § 2, 9-10-2021)

All applications and permits approved under the provisions of this Chapter 130.69 are exempt from the requirements of the California Environmental Quality Act (CEQA) in compliance with Public Resources Code Subsections 21080(b)(1) and (b)(3) and Section 15269 of the CEQA Guidelines.

(Ord. No. 5150, § 2, 9-10-2021)

Notwithstanding any contrary provision of County Code, any Community Services on a fire-damaged lot in the burn area may be relocated to an existing building in any Residential, Commercial, Agricultural, Rural, and Resource, Industrial, or Research and Development Zone District subject only to a Temporary Use Permit in accordance with Section 130.52.060, and if required, a building permit for renovations. Nothing in this title waives or affects any requirements under state law applicable to such facilities. The Temporary Use Permit shall expire on or before the expiration of this Chapter 130.69 and any subsequent use covered in this section shall be subject to the requirements under Title 130, including but not limited to the Matrix of Allowed Uses for each zone district.

(Ord. No. 5156, § 2, 12-14-2021)

A.

Notwithstanding any contrary provisions of Chapter 8.39 of Title 8, a water well permit is required for any digging, drilling, deepening, modifying, repairing, or destroying of a water well, cathodic protection well, soil boring, monitoring well, geothermal heat exchange well, or any other type of well excavation that may intersect groundwater. Prior to undergoing any of the aforementioned work, an applicant must apply for and receive a permit from the Environmental Management Department, unless exempted by law. Any associated permit fees for the demolition, repair, or replacement of a destroyed or damaged water well in the Caldor Fire burn area shall be waived in accordance with the provisions of Section 130.69.260.

B.

Notwithstanding any contrary provisions of Chapter 110.32 of Title 110, an onsite wastewater treatment system (OWTS) or septic system permit is required for any activities related to OWTS design and installation, as provided for in the County's OWTS manual, including, but not limited to, site evaluation, percolation testing, and OWTS installation, alteration, repair, replacement, or destruction. Prior to undergoing any of the aforementioned work, an applicant must apply for any receive a permit from the Environmental Management Department. Any associated permit fees for the demolition, repair, or replacement of a destroyed or damaged OWTS in the Caldor Fire burn area shall be waived in accordance with the provisions of Section 130.69.260.

(Ord. No. 5163, § 2, 8-23-2022)

This Chapter shall be known as the Mosquito Fire Post-Disaster Resiliency and Rebuilding Ordinance.

(Ord. No. 5172, § 2, 1-3-2023)

This Chapter is enacted for the purposes of modifying and temporarily suspending various County housing-related, permitting, and health and safety provisions and policies to expedite recovery and rebuilding of homes and communities destroyed or damaged by the Mosquito Fire and to ensure that persons displaced as a result of the Mosquito Fire are housed in safe, healthy, and habitable housing during the recovery period and can repair or rebuild damaged homes and communities as efficiently as possible while protecting public health and safety.

(Ord. No. 5172, § 2, 1-3-2023)

The terms and phrases in this Chapter 130.69.A shall have the meanings ascribed to them in Article 8 (Glossary) and Section 130.69.120 (Definitions and Specialized Terms and Phrases) and, for terms and phrases not provided in Article 8 or Section 130.69.120, shall have the meanings ascribed to them in this Section 130.69.A.120, except where the context clearly indicates a different meaning:

Burn Area. All of that land contained within the California Department of Forestry and Fire Protection (CalFIRE) 2022 Mosquito Fire Perimeter at the time the Mosquito Fire is at 100 percent containment.

Fire-Damaged Lot. A lot, as defined in Section 130.80.020 of this Code, that as of September 6, 2022, contained a legal permitted or legal nonconforming dwelling or structure that was damaged or destroyed as a result of the Mosquito Fire.

Mosquito Fire. The fire that swept El Dorado County and Placer County beginning on September 6, 2022, as referenced in Board of Supervisors Resolution 142-2022, adopted September 13, 2022, and which was the subject of the Proclamation of a State of Emergency by Governor Gavin Newsom.

Reconstruction. Replacement of a conforming or legal nonconforming structure that was destroyed by the Mosquito Fire on the same lot and with no change in use.

Repair. Repair of a conforming or legal nonconforming structure damaged as a result of the Mosquito Fire on the same lot with no change in use.

(Ord. No. 5172, § 2, 1-3-2023)

The Planning and Building Department Director or his or her designee may establish administrative standards for use in implementing this Chapter 130.69.A. Any administrative standards established pursuant to this Chapter 130.69.A shall be in writing and made available to the public on the website of the Planning and Building Department with a copy provided upon request by a member of the public.

(Ord. No. 5172, § 2, 1-3-2023)

Except as may be otherwise specified herein, this Chapter 130.69.A and all its provisions shall expire and be of no further force or effect after December 31, 2027, unless extended or modified by the Board of Supervisors.

(Ord. No. 5172, § 2, 1-3-2023)

A.

This Chapter 130.69.A 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 130.69.A 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 in 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. 5172, § 2, 1-3-2023)

A.

For fire-damaged lots in the burn area where the Mosquito Fire destroyed or damaged a dwelling, two temporary recreational vehicles with an additional recreational vehicle for any legal accessory dwelling unit that was destroyed or damaged may be permitted in compliance with the permit requirements under Section 130.52.050.D.5 (Temporary Mobile Home Permit) unless otherwise stated herein. Notwithstanding Section 130.52.050.D.5, a temporary recreational vehicle on a fire-damaged lot in the burn area may be used as a rental unit for displaced persons only if a dwelling or accessory dwelling unit on that lot was made available for rent for a term more than 30 days within six months of the Mosquito Fire.

B.

No temporary recreational vehicle may be permitted or located on a fire-damaged lot without the concurrence of the Environmental Management Department. Any Temporary Mobile Home Permit may be denied because the debris on the property or status of debris removal results in health or safety hazards.

C.

Within the burn area, temporary recreational vehicles may be located on fire-damaged lots within zoning ordinance setback areas, excluding riparian setback areas, if such location is necessary to allow for unobstructed reconstruction on the lot.

D.

During the first three years from the effective date of this Chapter 130.69.A, generators are an acceptable source of power for temporary recreational vehicles permitted under this Chapter 130.69.A on fire-damaged lots in the burn area. After the first three years from the effective date of this Chapter 130.69.A, generators are not an acceptable source of power for temporary recreational vehicles.

E.

Notwithstanding Section 130.52.050.E, a Temporary Mobile Home Permit under this Section shall automatically expire on the expiration date of this Chapter 130.69.A or within 30 days of issuance of the certificate of occupancy, whichever is earlier. Upon expiration, every temporary recreational vehicle used as temporary emergency housing pursuant to this Chapter shall be disconnected from sewer, septic, water, and/or power connections and residential occupancy of the temporary recreational vehicle shall no longer be a legal use unless authorized under State law or permitted under this Title 130 without the benefit of any exceptions under this Chapter 130.69.A.

(Ord. No. 5172, § 2, 1-3-2023)

A.

For fire-damaged lots in the burn area where the Mosquito Fire destroyed or damaged a dwelling, one temporary mobile home may be allowed on a lot of any size in compliance with the permit requirements under Section 130.52.050.B.1 (Temporary Mobile Home Permit). A temporary mobile home under this Chapter 130.69.A may be used as a rental unit on a fire-damaged lot in the burn area for displaced persons only if a dwelling or accessory dwelling unit on that lot was made available for rent for a term more than 30 days within six months of the Mosquito Fire.

B.

No temporary mobile home may be permitted or located on a fire-damaged lot without the concurrence of the Environmental Management Department. Any Temporary Mobile Home Permit may be denied because the debris on the property or status of debris removal results in health or safety hazards.

C.

Notwithstanding Section 130.52.050.E, a Temporary Mobile Home Permit under this Section shall automatically expire on the expiration date of this Chapter 130.69.A or within 30 days of issuance of the certificate of occupancy, whichever is earlier. Upon expiration, every temporary mobile home used as temporary emergency housing pursuant to this Chapter shall be disconnected from sewer, septic, water, and/or power connections and removed from the lot on which it is located, including any installed pad or foundation, or shall be permitted in compliance with Title 130 without the benefit of any exceptions under this Chapter 130.69.A.

(Ord. No. 5172, § 2, 1-3-2023)

Shipping containers for temporary storage of personal property may be permitted in the burn area with a building permit consistent with the "El Dorado County Building Services Policy for Residential Steel Shipping Containers Used as Storage." Such shipping containers for temporary storage shall not be used for human habitation or have utility connections. A building permit for a shipping container under this Section need not meet the one acre minimum and screening requirements under Section 130.40.320.D.4, but the permit shall expire and the shipping container shall be permitted in compliance with Section 130.40.320.D.4 or be removed from the parcel on which it is located no later than the expiration date of this Chapter 130.69.A or within 30 days of issuance of the certificate of occupancy, whichever is earlier.

(Ord. No. 5172, § 2, 1-3-2023)

Notwithstanding the limitations in Section 130.40.030.D.6.c (Accessory Structures and Uses) or any other contrary provision of County Code and only during the term of this Chapter 130.69.A, existing legally permitted pool houses, workshops, artist studios, or other residential accessory structures within or outside of the burn area that do not satisfy the requirements of a guest house under Section 130.40.150 or an accessory dwelling unit may be used or rented as temporary emergency housing for displaced persons pursuant to an Administrative Permit under Section 130.52.010 and subject to all other existing regulations and limitations, including habitability standards and the Building Codes. Residential occupancy of such structures shall no longer be a legal use after the expiration of this Chapter 130.69.A unless authorized as a legal use under State law or other section of this Title 130. A lot owner shall notify tenants in writing of the temporary nature of the emergency housing and shall require and retain for two years written documentation confirming that the individuals are displaced persons.

(Ord. No. 5172, § 2, 1-3-2023)

A.

Notwithstanding any contrary provision in County Code and pursuant to a Temporary Use Permit issued in accordance with Section 130.52.060, any rental for a displaced person may exceed 30 days during the term of this Chapter 130.69.A in all lodging facilities under Section 130.40.170, including agricultural homestays, agricultural and timber resource lodging, bed and breakfast inns, guest ranches, and health resort and retreat centers, vacation home rentals under Chapter 5.56, and hotels and motels. For any rental in excess of 30 days under this Section, the owner of the lodging facility, vacation home rental, hotel, or motel shall require and retain for two years written documentation confirming that the individuals are displaced persons.

B.

Fire-damaged lots in the burn area on which a fully approved and permitted vacation home rental was legally operating in August or September 2022 prior to the Mosquito Fire may continue to operate upon repair or reconstruction if lot ownership has not changed and the number of guestrooms within the vacation home rental does not change.

(Ord. No. 5172, § 2, 1-3-2023)

Notwithstanding any contrary provision in County Code and pursuant to an Administrative Permit under Section 130.52.010, agricultural employee housing and seasonal worker housing under Section 130.40.120 may be rented to displaced persons during the term of this Chapter 130.69.A throughout the year without any requirement that the displaced persons are agricultural employees or seasonal workers. For any rental under this Section, the owner of the agricultural employee housing or seasonal worker housing shall require and retain for two years written documentation confirming that the individuals are displaced persons.

(Ord. No. 5172, § 2, 1-3-2023)

A.

For all campgrounds and recreational vehicle parks, the length of stay limit of 30 days in Section 130.40.100.D.9 (Campgrounds and Recreational Vehicle Parks) shall not apply to campsites occupied by displaced persons.

B.

For all campgrounds and recreational vehicle parks, a Temporary Use Permit may be issued in accordance with Section 130.52.060 to allow for an additional nine sites per developable acre in addition to the nine sites per developable acre provided for in Section 130.40.100.D.1 for a total maximum of 18 sites per developable acre, provided that the additional density is limited to campsites made available only to displaced persons and there is adequate water supply and/or septic capability available to serve the additional campsites. The Temporary Use Permit allowing for increased density shall terminate upon expiration of this Chapter 130.69.A and the allowable density after expiration of this Chapter 130.69.A shall be governed by Section 130.40.100.D.1.

C.

A campground or recreational vehicle park utilizing an exception under this Section shall require and retain for two years written documentation confirming that the individuals utilizing the campsite are displaced persons.

(Ord. No. 5172, § 2, 1-3-2023)

A.

Safe parking sites allowing overnight parking for displaced persons on private property may be permitted pursuant to a Temporary Use Permit under Section 130.52.010. The Planning and Building Department Director or his or her designee shall not issue a Temporary Use Permit for a safe parking site without the concurrence of the Sheriff's Office and Environmental Management Department. A safe parking site shall include registration requirements to establish proof of displaced persons status, security protocols, and health and safety standards. A Temporary Use Permit for a safe parking site shall establish maximum capacity limits for the site and any other site-specific limitations deemed necessary or appropriate to protect public health and safety.

B.

Upon termination of a safe parking site permit or the expiration of this Chapter 130.69.A, whichever is earlier, the safe parking site shall no longer be a legal use and any facilities, equipment, alterations, or signage utilized for the safe parking site shall be removed.

(Ord. No. 5172, § 2, 1-3-2023)

A.

The Planning and Building Department Director or his or her designee may revoke any permit issued under this Chapter 130.69.A, including, but not limited to, a Temporary Mobile Home Permit, an Administrative Permit, or a Temporary Use Permit, if the use, temporary emergency housing, structure, or condition violate this Chapter 130.69.A or other County Code applicable to the permit, is unlawful under any State or Federal law, appears to create a nuisance, such as by accumulation, proliferation, or dispersal of trash, debris, or personal possessions, or poses a threat to public health or safety.

B.

Prior to revocation of any permit under this Chapter 130.69.A, the Planning and Building Department shall serve the permit owner(s) via regular and certified mail a written notice that identifies the violations and provides 30 days to correct the violations. If the violations are not corrected within 30 days, the permit shall be revoked.

C.

The decision to revoke a permit under this Section shall not be appealable, but a new permit under this Chapter 130.69.A may be obtained after the violations are remedied and compliance with this Chapter 130.69.A is demonstrated, provided that any outstanding citations or costs of abatement are paid in full.

D.

After permit revocation under this Section or termination of a permit under the terms of the permit or the expiration of this Chapter 130.69.A, continued violations shall be deemed a public nuisance and shall be subject to enforcement under Chapter 9.02, including, but not limited to, administrative citations, abatement, summary abatement, and recovery of costs through liens.

(Ord. No. 5172, § 2, 1-3-2023)

A.

Upon written request of an applicant, the Planning and Building Department Director, or designee, and in concurrence with the Environmental Management Department Director, or designee, shall waive applicable permit fees adopted and charged by the Planning and Building Department and Environmental Management Department for:

1.

Permits necessary for temporary emergency housing for displaced persons on fire damaged lots in the burn area including, but not limited to, Temporary Mobile Home and Temporary Recreational Vehicle (RV) permits, Temporary Electrical permits, and Temporary Storage permits; or

2.

Permits necessary for demolition, repair, or replacement of a destroyed or damaged dwelling or structure on fire-damaged lots in the burn area, provided that the repair or replacement is substantially equivalent to the damaged or destroyed dwelling or structure, the applicant owned the lot as of September 6, 2022, and the permit application is submitted prior to the expiration of this Chapter 130.69.A; or

3.

Permits necessary for demolition, repair, or replacement of destroyed or damaged water wells and/or onsite wastewater treatment systems (septic systems) on fire-damaged lots in the burn area, provided that the repair or replacement is substantially equivalent to the damaged or destroyed water well and/or septic system, the applicant owned the lot as of September 6, 2022, and the permit application is submitted prior to the expiration of this Chapter 130.69.A.

B.

Before seeking a Mosquito Fire permit fee waiver, an applicant must provide written documentation to the satisfaction of the Planning and Building Department Director, or his or her designee, establishing that the applicant (1) did not have insurance; or (2) did have insurance at the time of the damage or destruction of the dwelling or structure.

Upon review of an applicant's permit fee waiver request and confirmation of eligibility, the Planning and Building Department shall waive all applicable Mosquito Fire permit fees as follows:

1.

Applicants that did not have insurance are eligible for a waiver of 100 percent of all applicable permit fees charged by the Planning and Building Department and Environmental Management Department; or

2.

Applicants that did have insurance, regardless of the extent of dwelling and/or structure coverage or are determined to be underinsured, are eligible for a waiver of 100 percent of all applicable permit fees charged by the Planning and Building Department and Environmental Management Department.

C.

No permit fee waiver may be granted for any permit for an illegal use or structure.

D.

Permit fee waivers under this Section are exempt from the Board of Supervisors Policy B-2.

(Ord. No. 5172, § 2, 1-3-2023)

Consistent with Government Code Section 66011, no development impact fee adopted pursuant to the Mitigation Fee Act may be applied to the repair or reconstruction of any conforming or legal nonconforming residential, commercial, or industrial development project on a fire-damaged lot in the burn area. Any repair or reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed dwelling or structure, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee.

(Ord. No. 5172, § 2, 1-3-2023)

A.

All permits necessary for temporary emergency housing on fire-damaged lots in the burn area shall be prioritized over all other permits with the Planning and Building Department except for a permit that is subject to deadlines under State law and prioritizing that permit is necessary to meet the deadline in State law or the Planning and Building Department Director or his or her designee determines that prioritizing a permit is necessary to protect health or safety.

B.

All permits necessary for repair or reconstruction of a primary dwelling on a fire-damaged lot in the burn area submitted by the owner of the lot as of September 6, 2022 shall be prioritized over all other permits with the Planning and Building Department except for a permit that is subject to deadlines under State law and prioritizing that permit is necessary to meet the deadline in State law or the Planning and Building Department Director or his or her designee determines that prioritizing a permit is necessary to protect health or safety.

C.

Notwithstanding Section 130.51.050 (Public Notice Requirements and Procedures) or any other provision in County Code, all permits under this Chapter 130.69 may be issued without any public noticing or public oversight.

(Ord. No. 5172, § 2, 1-3-2023)

The following statement shall be posted on the County website and provided to all applicants for building permits in the burn area: "Due to the large number of structures destroyed in the Mosquito Fire, it is anticipated that there will be a large number of applications for building permits in the burn area after fire debris and hazardous materials have been cleaned up. Building permits in the Mosquito Fire area will not be issued until after a property has been cleared of fire debris and hazardous materials as a result of the Mosquito Fire. Even if a property has been cleared of fire debris and hazardous materials or never had any fire debris and hazardous materials, it does not mean that there are no other health hazards or dangers on the property, including dangers resulting from fire-damaged or hazard trees. Property owners and residents must do their own investigation to determine whether there are any other health hazards or dangers on the property. The issuance of a building permit for the property does not accomplish this task. A building permit is a ministerial action requiring only limited review by the County to ensure that the structure meets all applicable building standards. In most zones, an individual is allowed by right to construct a residence after receiving a building permit that only requires conformity to building standards. The building permit is issued based on information supplied by the applicant without independent investigation by the County of the property or potential health hazards or dangers. Given the limited scope of enforcement, it is not possible for the County to identify potential health hazards or dangers that are not directly associated with the permitted structure. The applicant is in a position to inspect the property, identify potential health hazards or dangers, and tailor the application to avoid any potential health hazards or dangers."

(Ord. No. 5172, § 2, 1-3-2023)

A.

Consistent with Section 130.61.030, a legal nonconforming structure on a fire-damaged lot in the burn area may be repaired or reconstructed up to its pre-damage size and placement so long as the construction is completed within three years of the effective date of this Chapter 130.69.A if located within a Community Region or five years of the effective date of this Chapter 130.69.A if located in the remaining unincorporated area of the County. This section does not alter any requirements in the Building Codes and Fire Code to comply with the current provisions for any repair or reconstruction. The version of the Fire Safe Regulations in existence at the time of the application shall apply to any legal nonconforming structure. Under the version of the Fire Safe Regulations in effect when this Chapter 130.69.A was adopted, and notwithstanding Section 1270.02 (Scope), reconstruction of a legal nonconforming structure shall comply with Section 1276.01 (Setback for Structure Defensible Space).

B.

Any legal nonconforming use prevented from continuation due to damage to a structure on a fire-damaged lot in the burn area may be restored if the structure necessary for the use is repaired or reconstructed consistent with subsection (A) above. Consistent with Section 130.61.040.I, any legal nonconforming use on a fire-damaged lot in the burn area where no structure was involved may be restored up to its pre-damaged size and intensity provided that it is reestablished within five years of the effective date of this Chapter 130.69.A. Any change or expansion in a legal nonconforming use shall be subject to Section 130.61.050. Nothing contained within this Section shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance or a danger to the public health, safety, and welfare.

(Ord. No. 5172, § 2, 1-3-2023)

Notwithstanding any contrary provision of County Code, a lot line adjustment approval that is valid and not expired as of September 6, 2022 is hereby extended one year beyond its current date of expiration.

(Ord. No. 5172, § 2, 1-3-2023)

Notwithstanding any contrary provision of County Code, relocation of any Child Day Care Home, Child Day Care Center, Employer-Sponsored Child Day Care Center, Specialized Education and Training, Community Care Facility, Schools, including College and University and Elementary and Secondary, and Churches and Community Assembly on a fire-damaged lot in the burn area may be relocated to any existing buildings in any Commercial, Agricultural, Rural, and Resource, Industrial, or Research and Development Zone District subject only to an Administrative Permit in accordance with Section 130.52.010, and if required, a building permit for any renovations. Nothing in this title waives or affects any requirements under State law applicable to such facilities. The Administrative Permit shall expire on or before the expiration of this Chapter 130.69.A and any subsequent use covered in this Section shall be subject to the requirements under Title 130, including, but not limited to, the Matrix of Allowed Uses for each zone district.

(Ord. No. 5172, § 2, 1-3-2023)

A.

Any time limit imposed consistent with Section 130.54.060 for a permit or authorization for which the permit or authorization was not exercised before the Mosquito Fire on a fire-damaged lot in the burn area shall be automatically extended an additional two years.

B.

Consistent with Section 130.68.050.C, conforming structures occupied by conforming uses which are subject to a discretionary permit, to include, but not be limited to, a Conditional/Minor Use Permit, Variance, or Design Review Permit, may be reconstructed subject to previously approved site and building plans, with review by staff to ensure compliance with the discretionary permit. In the case where an approved site plan is not available for review, the property owner shall obtain issuance of an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to ensure compliance with the previously approved discretionary permit and all applicable development standards for the zone.

(Ord. No. 5172, § 2, 1-3-2023)

All applications and permits approved under the provisions of this Chapter 130.69.A are exempt from the requirements of the California Environmental Quality Act (CEQA) in compliance with Public Resources Code Subsections 21080(b)(1) and (b)(3) and Section 15269 of the CEQA Guidelines.

(Ord. No. 5172, § 2, 1-3-2023)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter irrespective of whether one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases is held invalid or ineffective.

(Ord. No. 5172, § 2, 1-3-2023)

Notwithstanding any contrary provision of County Code, any Community Services on a fire-damaged lot in the burn area may be relocated to an existing building in any Residential, Commercial, Agricultural, Rural, and Resource, Industrial, or Research and Development Zone District subject only to a Temporary Use Permit in accordance with Section 130.52.060, and if required, a building permit for renovations. Nothing in this Title waives or affects any requirements under State law applicable to such facilities. The Temporary Use Permit shall expire on or before the expiration of this Chapter 130.69.A and any subsequent use covered in this Section shall be subject to the requirements under Title 130, including, but not limited to, the Matrix of Allowed Uses for each zone district.

(Ord. No. 5172, § 2, 1-3-2023)

A.

Notwithstanding any contrary provisions of Chapter 8.39 of Title 8, a water well permit is required for any digging, drilling, deepening, modifying, repairing, or destroying of a water well, cathodic protection well, soil boring, monitoring well, geothermal heat exchange well, or any other type of well excavation that may intersect groundwater. Prior to undergoing any of the aforementioned work, an applicant must apply for and receive a permit from the Environmental Management Department, unless exempted by law. Any associated permit fees for the demolition, repair, or replacement of a destroyed or damaged water well in the Mosquito Fire burn area shall be waived in accordance with the provisions of Section 130.69.A.250.

B.

Notwithstanding any contrary provisions of Chapter 110.32 of Title 110, an onsite wastewater treatment system (OWTS) or septic system permit is required for any activities related to OWTS design and installation, as provided for in the County's OWTS manual, including, but not limited to, site evaluation, percolation testing, and OWTS installation, alteration, repair, replacement, or destruction. Prior to undergoing any of the aforementioned work, an applicant must apply for any receive a permit from the Environmental Management Department. Any associated permit fees for the demolition, repair, or replacement of a destroyed or damaged OWTS in the Mosquito Fire burn area shall be waived in accordance with the provisions of Section 130.69.A.250.

(Ord. No. 5172, § 2, 1-3-2023)