TOWN OF PARADISE
Urgency Ordinance No. 578

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
REPEALING ORDINANCE NO. 575 AND ADOPTING A NEW URGENCY ORDINANCE
RELATING TO INTERIM HOUSING AND ACCESSORY INSIDE THE

CAMP FIRE AREA

The Town Council of the Town of Paradise does ordain as
follows:

Section 1. Ordinance No. 575 is hereby repealed.

The Town Council of the Town of Paradise does ordain as
follows:

Section 2. Emergency Findings.

This Urgency Ordinance is adopted pursuant to California

Government Code Section 36934 and shall take effect immediately

upon its approval at least a four?fifths vote of time Town

Council. The Council, based on determinations of the Butte County

Local Health Officer, finds that this Ordinance is necessary for

the immediate preservation of the public peace, health and safety,

based upon facts set forth in Section 3 of this Ordinance.

Section 3.

A. Conditions of extreme peril tx: the safety of persons and
property within the Town of Paradise were caused by the Camp
Fire, commencing on the 8th day of November, 2018, at which
time the Town Council was not in session.

B. California Government Code Section 8630 empowers the Town
Director of Emergency Services (Director) to proclaim the

existence of a local emergency when the Town is affected or

 

likely? to be affected by? a public calamity; subject to
ratification by the Town Council at the earliest practicable
time.

On November 8, 2018, the Director proclaimed the existence of
a local emergency within the Town due to the Camp Fire.

On November 8, 2018, the Acting Governor of the State of
California proclaimed a State of Emergency for Butte County
pursuant to the California Emergency Services Act, commencing
with Section 8550 of the Government Code, and on November 14,
2018, the Governor issued Executive Order 8?57?18 concerning
the Camp Fire.

On November 9, 2018, the Camp Fire was still burning through
the Town and despite firefighters? best efforts, the wildfire
was not contained. Evacuation. orders were in. place and
numerous severe public health and safety hazards were present
ma the Camp Fire area, including many blocked roads from
fallen power lines, burned trees and vehicles, numerous
burned vehicles were left throughout the Camp Fire area due
to survivors fleeing their vehicles in efforts to survive the
wildfire, no available utilities, no available public
services and the presence of human remains and animal
carcasses. At the time, the Town estimated that 2,000
structures had burned in the Camp Fire.

On November 9, 2018, Dr. Andrew Miller, Butte County?s Local
Healttl Officer, issued. a :Declaration. of IHealtb. Emergency

pursuant to California Health and Safety Code section 101080.

 

Dr. Miller?s declaration stated that the local health
emergency was a consequence of the debris resulting from the
Camp Fire that contains hazardous material in the ash of the
burned qualifying structures. The purpose of the Declaration
was to address the immediate threat to the public health and
the imminent and proximate threat of the introduction of
contagious, infectious or communicable disease, chemical
agents, non?communicable biologic agents, toxins and/or
radioactive agents present at the time in the Camp Fire area.
The threats included (1) the enormous amount of fire debris
present :hi the Camp Firea area, including' ash. and. debris
containing hazardous materials and probable radioactive
materials present in ash and debris from qualifying
structures, (2) the threat (HE infectious (NC communicable
disease and/or non?communicable biologic agents due to animal
carcasses, radioactive waste and perishable foods, (3) the
potential contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (4) the
potential pollution of the drinking water from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and.debris of burned qualifying
structures.

On Nbvember 12, 2018, the President (n3 the United States
declared the existence of a major disaster in the State of
California, providing assistance from many federal agencies,

including the Federal Emergency Management Agency (FEMA).

 

November 13, 2018, the Butte County Board of Supervisors
ratified Dr. Miller?s Declaration of Health Emergency.

On November 21, 2018, the status of the Camp Fire area was as
follows: firefighters had contained the Camp Fire; the
Sheriff had lifted evacuation orders; work crews had removed
fallen power lines, burned vehicles and trees blocking the
roads; utilities including electric power, gas and non?
potable water had become available; no local businesses were
open to serve the public; and no public services were
available. Further, preliminary actions had been taken to
mitigate the risk from animal carcasses, radioactive waste
and perishable foods in the Camp Fire area, however, concerns
regarding the threats remained. The public health hazards
present in the Camp Fire area included (1) the public health
hazards from the enormous amount of fire debris, (2) the
public health hazard from the hazardous materials and
probable radioactive materials present in the ash and debris
from destroyed qualifying structures, (3) the threat of
infectious or communicable disease and/or non?communicable
biologic agent due to the presence of animal carcasses,
perishable foods and radioactive waste and (4) the potential
pollution of the drinking water from the Camp Fire
area if weather conditions caused the spread of the hazardous
materials in the ash and debris of burned qualifying
structures. At the time, the Camp Fire had destroyed thousands

of structures.

 

November 21, 2018, Dr. Miller issued 51 Hazard Advisory
strongly suggesting residents should not reside on property
with qualifying structures damaged or destroyed by the Camp
Fire until the property had been cleared of hazardous waste,
ash and debris and certified clean by the County Department
of Public Health, Environmental Health Division. The County
Department of Public Health provided residents with rewentry
packets which included. personal protective equipment and
information on the dangerous conditions and toxic materials
present in the Camp Fire area. The re-entry packets were
intended to improve the safety of the residents who chose to
visit their properties to collect valuables and not intended
to encourage long?term visitation or habitation. The purpose
of the Hazard.4Advisory' was txa address the jpublic ihealth
hazards present at the time in the Camp Fire area, including
(1) the enormous amount of fire debris present in the Camp
Fire area, (2) the hazardous materials and probable
radioactive materials present in ash and debris from
qualifying structures, (3) the lessened knn: still present
threat of infectious or communicable disease and/or' non?
communicable biologic agents due to animal carcasses,
radioactive waste and perishable foods, (4) the potential
contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (5) the
potential pollution of the drinking water from the

Camp Fire area if weather conditions caused the spread of the

 

hazardous materials in the ash and debris of burned qualifying
structures.

The Camp Fire to date has consumed 153,336 acres and has led
to the destruction of 13,696 residences, damage to 462
residences, the destruction. of 276 multiple family
residences, the destruction. of 528 commercial buildings,
damage to 102 commercial buildings, the destruction of 4,293
other minor structures, and resulted in the evacuation of
over 50,000 people. As a result, the Camp Fire has created an
enormous amount of debris.

There exists the potential for widespread toxic exposures and
threats to public health and the environment in the aftermath
of a major wildfire disaster, and debris and ash .from
residential and commercial structure fires contain hazardous
materials and the harmful health effects of hazardous
materials produced by a wildfire are well?documented.

The combustion of building materials such as siding, roofing
tiles, and. insulation. results in dangerous ash that may
contain asbestos, heavy metals and other hazardous materials.
Household hazardous waste such as paint, gasoline, cleaning
products, pesticides, compressed gas cylinders, and chemicals
may have been stored in homes, garages, or sheds that may
have burned in the fire, also producing hazardous materials.
Exposure to hazardous materials may lead to acute and chronic
health effects and rmni cause long?tent public health and

environmental impacts. Uncontrolled hazardous materials and

 

debris pose significant threats to :public health through
inhalation of dust particles and contamination of drinking
water supplies. Improper handling can expose residents and
workers to toxic materials, and improper transport and
disposal of fire debris can spread hazardous substances
throughout the community.

Standards and removal procedures are needed immediately to
protect the public health and environment, and to facilitate
coordinated and effective mitigation of the risks to the
public health and environment from the health hazards
generated by the Camp Fire disaster.

The Camp Fire has created hazardous waste conditions in the
Town of Esradise in time fomn of contaminated debris from
household. hazardous waste/materials and structural debris
resulting from the destruction of thousands of structures.
This hazardous waste debris poses a substantial present or
potential hazard to human health and the environment until
the property is certified clean. The accumulated exposure to
hazardous waste debris over an extended period of time poses
a severe hazard to human health.

The Town of Paradise previously approved Ordinance No. 572,
Ordinance No. 573, and Ordinance No. 575 as urgency measures
relating to the Camp Fire disaster recovery on December 12,
2018, The actions addressed the need for the regulation of
debris removal to alleviate the public health, safety and

welfare concerns associated with the ash and. debris of

 

qualifying structures and temporary emergency housing
options.

As of February 4, 2019, the status of the Camp Fire disaster
recovery was as follows: (1) Phase I c?eanup by the ELS.
Environmental Protection Agency and the California Department
of Toxic Substances Control is complete, which has reduced
the public health concerns relating to the hazardous
materials present in the Camp Fire area, (2) Phase II of the

cleanup pursuant to the Government Program and the

Alternative Program has commenced, (3) utilities are
available (except for potable water), (4) numerous businesses
have opened to serve the pmblic, (5) public services are

available, including a FEMA and jointly?operated
Disaster Recovery Center Paradise, California. Current
threats include (1) the enormous amount of fire debris present
in the Camp Fire area, (2) hazardous materials and probable
radioactive materials present in ash and debris from
qualifying structures, UN the potential pollution CHE the
drinking water from the Camp Fire area if weather
conditions caused the spread of the hazardous materials in
the ash and. debris of burned. qualifying? structures. The
purpose of this Ordinance is to allow residents to live on
properties in the Camp Fire area that do not contain fire ash
and debris from a qualifying structure destroyed or damaged

by the Camp Fire.

 

The Debris Removal Operations Plan for the Camp Fire prepared
by the CalOES/CalRecycle Incident Management Team provides
that the DTSC has issued reports regarding the assessment of
burn debris from wildfires in the past. The studies of burned
residential homes and structures from large scale wildland
fires indicated that the resulting ash and debris can contain
asbestos and toxic concentrated amounts of heavy metals such
as antimony, arsenic, cadmium, copper, lead, and zinc
(qualifying structures). Additionally, the ash and debris may
contain higher concentrations of lead if the home was built
prior 1978 when lead was banned from household paint in the
United States. The reports indicated that the residual ash of
burned residential homes and structures has high
concentrations of heavy metals that can.be toxic and can have
significant impact to individual properties, local
communities, and watersheds if the ash and debris is not
removed safely and The plan also indicates that the
purpose of the structural debris removal program is to remove
debris that poses a risk to health and/or the environment.
Debris from structures smaller than 120 square feet are not
included in the program.

The Butte County Local Health Officer Dr. Miller has indicated
that the Phase II cleanup of the properties containing ash
and debris from a qualifying structure mitigates the public
health hazards of the Camp Fire. Further, failing to clean

properties containing ash and debris from a qualifying

 

structure can have severely negative long term consequences
to the public health and environment. Therefore, the focus
must be on accomplishment of the Phase II cleanup to address
the public health hazards. The standard for determining when
a property is clean from ash and debris from a qualifying
structure is when the Phase II cleanup work is complete and
the property is certified clean by the County Department of
Public Health, Environmental Health Division. Ash and debris
of qualifying structures is the focus of the Phase II cleanup
work. The significance of the public health risks is higher
on.properties with ash and debris from arqualifying structure.
Given the progress the Camp Fire disaster recovery has made
with respect to the hazards identified in the findings above,
the remaining significant public health hazard is the ash and
debris from qualifying structures. Based (Hi the foregoing
properties that contain ash \and debris from qualifying
structures constitute a significant public health. risk.
Therefore, those properties should be ineligible for
temporary emergency housing until Phase II cleanup work is
completed (31 the property'amui is certified c?ean In; the
Department of Public Health, Environmental Health Division.
Properties that do not contain ash and debris from a
qualifying structure do not pose a significant public health
risk and should be eligible for temporary emergency housing.
Due to the magnitude of the destruction, there is a need to

provide for sufficient housing options both inside and

10

 

outside of the Camp Fire affected area. Thus, on February 4,
2019, the Town of Paradise adopted Ordinance No. 575 that
repealed Ordinance No. 573 and established an ordinance that
temporarily relaxes some building and zoning regulations to
allow for additional interim housing both inside and outside

of the Camp Fire affected area for displaced persons.

There exists an immediate need to provide accessory buildings
to accommodate storage of personal property of persons
displaced by the Camp Fire who own Eligible Property that has
been certified clean pursuant to Phase II requirements by the
County' Department of Public Health, Environmental Health
Division. This Ordinance temporarily relaxes some Town zoning
regulations to allow for establishment of an accessory
building on property both inside and outside of the Camp Fire
affected area for the displaced persons for the storage of
essential equipment necessary to the recovery from the
damages caused by the Camp Fire. Due to the magnitude of the
destruction and its related and significant impacts on
properties, there is 51 need to provide displaced property
owners with the option of constructing accessory buildings
both inside and outside of the Camp Fire affected area without
first obtaining building permits for primary residences on

their properties.

11

 

essential that this Ordinance become immediately
effective (1) to mitigate the harm that could be caused to
the public health and safety and to the environment from the
improper disturbance, removal and/or disposal of debris
containing hazardous materials, and to facilitate the orderly
response to the camp Fire disaster; and (2) to allow the
fastest possible transition of homeless and displaced
residents to interim and long?term shelter; and (3) to allow
displaced persons who own Eligible Property certified clean
pursuant to Phase II requirements an option to establish an
accessory building on their property to better facilitate and
further expedite their property maintenance and storage of
essential equipment required to allow for the property

rebuild process.

Section 4. Purpose.

13,696 homes were destroyed. by the Camp Fire in ?the Town (of
Paradise and surrounding unincorporated areas. This disaster has
created a need for housing on a scale that cannot be accommodated
through the existing available housing in the Town. To meet the
immediate need for housing, the Town relaxed some building and
zoning regulations in a prior Ordinance to allow for additional
temporary housing. However, this additional temporary housing may
not be sufficient tx: meet the large enui immediate need. This
Ordinance relaxes some building and zoning regulations to allow

for additional temporary housing inside the Camp Fire affected

12

 

area. Persons moving back to the area do so at their own risk and
should make themselves aware of the health hazards of doing so.
The Ordinance allows persons tx: place temporary housing (n1 an
Eligible Property. This Ordinance also provides an cption for
affected property owners to establish an accessory building on
their Eligible Property without first obtaining a building permit
for ea primaryr residence. The :purpose: of this Ordinance is to
develop reasonable standards that allow persons to move back into
the Camp Fire affected area while a massive debris removal program
is implemented and, at the same time, provide interim shelter as
well as an option of an accessory building for property maintenance
equipment auKi rebuild.1naterials storage for 'Town.:residents on

private property during this housing crisis.

Section 5. Definitions.

Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in this Ordinance:

Accessory Building. Any structure having a permanent foundation
and a roof supported by columns or walls designed, intended and/or
used for the protection and storage of personal property associated
with a permitted or conditionally permitted Principal Use on the
same site.

Camp Fire. A 153,336?acre wildfire that started near the community
of Pulga on November 8, 2018, destroying over 18,000 structures,

which forced the evacuation of the Town of Paradise, Berry Creek,

13

 

Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
Hill, and other areas near the Cities of Chico and Oroville, and
proclaimed by the Town Council under Resolution 18?42, as a local
emergency, and also proclaimed by then Acting Governor Gavin Newsom
as a state of emergency. CAL FIRE maintains a map showing the final
boundaries of the Camp Fire and the Camp Fire affected area, as of
November 25, 2018 at 100 percent containment.

Cargo Storage Container. A single metal box made of steel or other
similar material, which is designed for securing and protecting
items for temporary storage, not exceeding three hundred twenty
(320) square feet in size, without utilities, and not used for
human habitation.

Director. The Town of Paradise Director of Emergency Services or
his or her authorized representative.

Displaced Person(s). A Town resident or residents whose
residential dwelling has been destroyed or damaged by the Camp
Fire, such that the resident(s) cannot occupy the dwelling.
Displaced person(s) may be required to provide verification to the
county to substantiate their eligibility for uses, permits and/or
approvals described this article. Evidence may consist of
verification by Federal Emergency Management Agency (FEMA)
registration or damage assessment, and/or a driver?s license or
other government~issued identification card or utility bill, etc.
with a physical address showing the resident resided on a property

impacted by the Camp Fire, as determined by the Town. Such

14

 

determination may be made by the Director or other town personnel.
Effective Date. The date of the Town Council adoption of this
Ordinance.

Eligible Property. A property that does not contain fire debris or
hazardous materials from a qualifying structure that was damaged
or destroyed by the Camp Fire. Eligible Property shall include (1)
parcels with no resulting damage or fire debris from the Camp Fire
(2) parcels with fire debris from a structure that was not a
qualifying structure that was damaged or destroyed by the Camp
Fire and (3) parcels with fire debris or hazardous materials from
a qualifying structure that was damaged or destroyed by the Camp
Fire, only upon the issuance of a certificate that the parcel has
been. cleaned. pursuant. to Phase II requirements by the County
Department of Public Health, Environmental Health Division.
Temporary housing and/or establishment of an accessory building

pursuant to this Ordinance shall be permitted as reflected in the

table below:

 

Property not

damaged by Camp

Property with a

non?qualifying

Property with a

qualifying

 

 

 

completion of

 

Phase II cleanup

 

housing allowed

 

allowed

 

Fire structure damaged structure damaged
or destroyed by or destroyed by
Camp Fire Camp Fire
Prior to Temporary Temporary housing Temporary housing

prohibited

 

15

 

 

Following Temporary Temporary housing Temporary housing
completion of housing allowed allowed allowed

Phase II cleanup Accessory Accessory Building Accessory
(property Building Allowed Building Allowed

certified clean by Allowed

the Department of

Public Health,

Environmental

 

 

 

 

LHealth Division)

 

FEMA. The Federal Emergency Management Agency or successor agency.
Fire Debris and Hazardous Materials. Debris, ash, metals, and
completely partially incinerated substances from structures
that are located on properties that qualify under the Debris
Removal Program or the Butte County's Alternative Debris Removal
Program.

Movable Tiny House. For the purposes of this Ordinance, a movable
tiny house is a structure utilized as living quarters by one
household that is licensed by and registered with the California
Department of Motor Vehicles, meets the American National
Standards Institute (ANSI) 119.5 or ANSI 119.2 (NFPA 1192)
requirements and is certified by a qualified third party inspector
for ANSI compliance, cannot move under its own power, is not longer
than allowed by State law for movement on public highways, has a
total floor area of not less than 150 square feet, and has no more

than 430 square feet of habitable living space.

16

 

 

Phase I. The hazardous waste cleanup as defined and discussed in
Section 3, Debris Removal, above.

Phase II. The hazardous waste, fire debris and ash cleanup as
defined in Section 3, Debris Removal, above.

Qualifying Structure. A qualifying structure as defined and
discussed in Section 3, Debris Removal, above.

Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: self?contained with potable water
and sewage tanks and designed.for human habitation for recreational
or emergency' occupancy; (2) self?propelled, truck?mounted, or
permanently towable on California roadways; and (3) a California
Department of Motor Vehicles licensed vehicle, or a similar vehicle
or structure as determined by the Director.

Recreational Vehicle Park. A commercial use providing space for
the accommodation. of more than two recreational vehicles for
recreational or emergency housing, or for transient employee
lodging purposes.

Temporary Dwelling. A temporary dwelling includes a recreational

vehicle and a movable tiny house.

Section 6. Initial use of temporary dwellings.

Residential use and occupancy of up to two (2) temporary dwellings
on any Eligible Property that permits a residential use shall be
allowed for an initial term of 180 days from the date of this
Ordinance was enacted subject to the applicable requirements set

forth under Section 8, Standards.

17

 

Section 7. Temporary dwellings with utility hook?ups.

Residential use and occupancy of up to two (2) temporary dwellings,
including any temporary dwellings allowed under section 6,
utilizing hook~ups for water, sewage disposal, and/or electricity
on an Eligible Property shall be a?lowed during the effective
period of this Ordinance subject to a temporary use permit, and
subject to the applicable requirements set forth in Section 8,

Standards.

Section 8. Standards.
All residential use of temporary dwellings and storage use of cargo

storage containers shall meet the following standards.

EL At all times, the property owner or the property owner's
authorized agent shall obtain all Town permits for all
temporaryr dwellings that are Jhooked?up to 14tilities.
Written consent of the property owner is required in all
cases.

B. At all times, residential use of temporary dwellings is
limited to recreational vehicles and movable tiny houses
not on a permanent foundation and used to house persons
displaced by the Camp Fire during the effective period
of this Ordinance.

C. Use of temporary dwellings is contingent on proof of a

damaged or destroyed residence as verified by the

18

 

Director based on prior final building permit or
Assessor?s records, or other documentation satisfactory
to the Director.

At all times, temporary' dwellings and. cargo storage

containers shall be located outside the boundaries of

any? recorded easements, roads, driveways, designated
flood hazard locations, or areas prone to landslide or
debris flow.

At all times, use of a cargo storage container shall be

only for storage of personal and household belongings

for each temporary dwelling.

For? water? hook?ups, the temporary' dwelling shall be

connected to an approved source of water meeting one of

the following criteria:

1. Public water supply;

2. Existing well provided that it has been approved by
the Department of Public Health, Environmental
Health Division as safe for domestic consumption;
or

3. Other water source approved by the Town.

For sewage disposal hook?ups, the temporary dwelling

shall be connected to an approved sewage disposal system

meeting one of the following criteria:

1. Public sewer system;

19

 

existing on?site sewage disposal system
that has been approved by the Town to be intact,
adequately sized, and functioning correctly;

3. Temporary holding tank with. a contract with a
pumping company for regular pumping. A copy of the
contract shall be provided to the Town and
Department of Public Health, Environmental Health
Division; or

4. Other method of sewage disposal approved by the
Town and the Department of Public Health,
Environmental Health Division.

H. For electricity hook?ups, the temporary dwelling shall
be connected to an approved source of electricity
meeting one of the following criteria:

1. Permitted electrical service hook~up; or

2. Other power source approved by the Director.

Section 9. Use of accessory residential structures for temporary
habitation.

For the effective period of this Ordinance, accessory residential
structures on an Eligible Property, which also meets Residential
Group occupancies as established by the California Residential
Code adopted 137 the Town, may 1x3 used as interhn housing for
persons displaced by the Camp Fire. During this period, said use
shall not be subject to the provisions of existing deed

restrictions required by Butte County, but shall remain subject to

20

 

all other existing regulations and limitations.

Section 10. Use of Accommodations, Farmstays, Bed and Breakfast
Inns, Resorts, Retreats, Camps or other similar uses.

Notwithstanding any contrary provision in the Paradise Municipal
Code or any use permit conditions, use of existing promotional or
marketing accommodations, farmstays, bed and breakfast inns,
resorts, retreats, camps or other similar visitor serving uses
shall be allowed on an Eligible Property as interim housing for

persons displaced by the Camp Fire.

Section 11. Waiver of Town Use Permit Requirement for Relocation
of Damaged Child Care and Educational Facilities.

Notwithstanding any contrary provision in the Paradise Municipal
Code, any existing small or large child day care facility or child
care center, elementary school, junior high school, high school or
institution of higher education that was housed in premises made
uninhabitable by the Camp Fire may be temporarily relocated to
existing buildings on an Eligible Property in the Eligible
Property, subject to 51 temporaryr use :permit and. any" existing
applicable standards, and subject ix) a building permit if any
renovations are required. Nething in this Ordinance waives or

affects any State law requirements applicable to such facilities.

Section 12. Accessory Building Standards.

21

 

Netwithstanding any other provision of Eeradise Municipal Code
Title 17, while this Ordinance is in effect, an accessory building
may be established as a permitted land use prior to the issuance
of a building permit for construction of a residence upon an
Eligible Property located Mdthih all Agricultural Residential,
Rural Residential, Town Residential, and Multi?Family zoning
districts and shall meet the following standards:

Zk.The accessory building shall not exceed a building
coverage area of 10% of the lot size of the affected
property located in any of the Agricultural?Residential,
Rural Residential, one?ace minimum and Rural
Residential two?third acre minimum zoning
districts.

B.?The accessory building shall not exceed a building
coverage area of 5% of the lot size of the affected
property located in any of the Town Residential, Rural
Residential, one?half acre minimum and
Multiple~Family Residential zoning districts.

all times, the accessory building shall be located
outside the boundaries of any recorded easements, roads,
driveways, designated flood hazard locations, areas prone
to landslide or debris flow, and required front, rear and
side yard setback areas.

D.The accessory building shall be designed and constructed

to comply with Wildland Urban Interface standards.

22

 

E.Whenever the accessory building is to exceed a floor area
of 120 square feet and/or to be connected to utilities
the property owner the property owner?s authorized
agent shall obtain all Town permits for subject accessory
building(s). Written consent the property owner is
required in all cases.

F.Town permit applications for establishment of an
accessory building shall include submittal of a subject
property? plot plan: 1) drawn to 51 common scale; 2)
designed. in compliance with. the Town?s ?minimunl plan
standards? for residential rebuild; and 3) including
either a concurrent or future residential dwelling.

G. Before the expiration of this Ordinance, all owners of
accessory buildings constructed under this Ordinance
shall have applied for building permits to construct a

primary residence on the owners? property.

Section 13. CEQA Exemption.

Adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to California
Public Resources Code Section 21080(b)(3)regarding projects to
maintain, repair, restore, or replace property or facilities
damaged or destroyed as a result of a declared disaster and Section
21080(b)(4) regarding actions to mitigate or prevent an emergency,
and CEQA Guidelines Section 15269(a) regarding maintaining,

repairing, restoring, demolishing, or replacing property or

23

 

facilities damaged or destroyed as a result of a disaster stricken
area in which a state of emergency has been proclaimed by the
Governor pursuant to the California Emergency Services Act,

commencing with Section 8550 of the California Government Code.

Section 14. Severability.

If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid,
such. decision. shall. not affect. the "validity' of the remaining
portion of this Ordinance. The Town Council hereby declares that
it would have passed this Ordinance and every section, subsection,
sentence, clause or phrase thereof irrespective of the fact that
any' one or' more sections, subsections, sentences, clauses or

phrases be declared unconstitutional or invalid.

Section 15. Effective Date and Publication.

This Ordinance shall be and the same is hereby declared to be in
full force and effect immediately upon its passage by a four?
fifths or greater vote. The Town Clerk of the Town of
Paradise is authorized and directed to publish a summary of this
ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names
of the members of the Town Council Members voting for and against
it, in. the Paradise Postq a. newspaper? of general circulation
published in the Town of Paradise, State of California. A complete

copy of this Ordinance is on file with the Town Clerk of the Town

24

 

Council and is available for public inspection and copying during

regular business hours in the office of the Town Clerk.

Section 15. This Ordinance shall expire on December 31, 2020.
PASSED AND ADOPTED by the Town Council of the Town of Paradise,
County of Butte, State of California, on this 22nd day of May,

2019 by the following vote:

AYES: Greg Bolin, Steve Crowder, Melissa Schuster,
Mike Zuccolillo and Jody Jones, Mayor

NOES: None
ABSENT: None

ABSTAIN: None

okij )le one? Mayor


 

 

-. n, 23:, ?a 
ATTEST: *1 a; APP OVED AS TO FORM:
Dina Volenski, CMC, I
Town Clerk Town orney

25