This chapter shall be known as the SQF Complex Fire Disaster Recovery Ordinance.
(Added by Ord. No. 3587, effective 12-8-20)
This chapter is enacted for the purpose of modifying and temporarily suspending various county housing, permitting and health and safety provisions and policies, to expedite recovery and rebuilding from the SQF Complex Fire and to ensure that displaced persons are housed in safe, healthy, and habitable housing during the recovery period.
(Added by Ord. No. 3587, effective 12-8-20)
This chapter is intended to protect the public safety, health, and welfare pursuant to subdivision (d) of Government Code section 25123, and pursuant to Government Code section 25131 shall be in full force and effect immediately upon approval by a four-fifths (4/5) vote of the Board of Supervisors.
(Added by Ord. No. 3587, effective 12-8-20)
(a)
Tulare County Civil Defense and Disaster Ordinance. In the event of any conflict between the provisions of this chapter and Part I, Chapter 15 of this Ordinance Code, the provisions of this chapter shall control.
(b)
Additional Laws or Regulations. This chapter is not intended and shall not be interpreted to conflict with the laws or Constitution of the State of California.
(c)
Nothing in this chapter is intended to supersede or suspend regulatory requirements or authority of the State Department of Housing and Community Development to regulate residential use of recreational vehicles as special occupancy parks or otherwise, except as such provisions may be suspended or modified by state law, executive order or emergency proclamation by the governor.
(Added by Ord. No. 3587, effective 12-8-20)
This section provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of this Ordinance Code, then these definitions shall control solely for the purposes of this chapter.
(a) "Alternative Program"
means the requirements for inspections, clean up, and disposal established by the County of Tulare for property owners that opt out of or are ineligible for the OES Program.
(b) "Board" or "Board of Supervisors"
means the Board of Supervisors of the County of Tulare.
(c) "Burn area(s)"
means the land contained within the perimeter of the SQF Complex Fire as mapped by CALFIRE.
(d) "Building Official"
means the Director of the Tulare County Resource Management Agency or his or her designee.
(g) "Cargo storage container"
means 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.
(h) "Displaced person(s)"
means a county resident or residents, whose residential dwelling has been destroyed or damaged by the SQF Complex 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 in this chapter. Evidence may consist of verification by FEMA registration or damage assessment, and/or a driver's license or other government-issued identification card or utility bill, or the like, with a physical address showing the resident resided on a legal parcel impacted by the SQF Complex Fire, as determined by the County. Such determination may be made by the RMA Director.
(i) "Effective date"
means the date of adoption of this chapter by the Board of Supervisors.
(k) "Fire-damaged lot" or "fire-damaged parcel"
means a lot or parcel, as defined in Chapter 2 of Ordinance No. 352 that, as of August 28, 2020, contained a previously established residence that was damaged or destroyed by the SQF Complex Fire.
(l) "Permitted or legal nonconforming structure"
means that the structure was either built with a building permit issued by the County or was a structure that existed prior to the County requiring building permits (a legal nonconforming structure).
(m) "Manufactured home" "Manufactured home"
means, for purposes of this chapter only, either a structure as defined in Ordinance No. 352, Section 2 ("Definitions"), provided that the structure is not placed on a permanent perimeter foundation.
may also include any type of temporary housing provided by, or authorized for use, by FEMA for housing related to recovery from the SQF Complex Fire, including, but not limited to, manufactured housing, park model homes, and other similar types of temporary housing.
(n) "Mobile home"
means, for purposes of this chapter only, a structure as defined in Ordinance No. 352, Section 2 ("Definitions").
(o) "OES Program"
means, for purposes of this chapter only, the Consolidated Debris Removal Program operated by the California Office of Emergency Services for the SQF Complex Fire in conjunction with other state and federal agencies.
(p) "Phase I"
means, for purposes of this chapter only, the hazardous waste cleanup performed by the California Department of Toxic Substances Control on certain properties impacted by the SQF Complex Fire, commencing on or about November 3, 2020.
(q) "Phase II"
means, for purposes of this chapter only, the ash and debris cleanup work performed pursuant to the OES Program and/or the Alternative Program under this chapter.
(r) "Qualifying structure"
means, for purposes of this chapter only, destroyed residential houses, residential houses with significant damage, occupant-owned manufactured housing units and where the residence is not damaged, a cumulative of over 120 square feet of destroyed outbuildings (garages, sheds, noncommercial barns, play structures and similar auxiliary structures).
(s) "Reconstruction or substantial repair"
means on the same fire-damaged lot and with no change in use, of a permitted or legal nonconforming structure that was either destroyed by the SQF Complex Fire or was so structurally damaged that the structure cannot be inhabited or occupied.
(t) "Recreational vehicle"(1) (2) (3)
means a motor home, travel trailer, truck camper or camping trailer that is:
Self-contained and designed for human habitation for recreational or emergency occupancy;
Self-propelled, truck-mounted, or permanently towable on California roadways; and
A California Department of Motor Vehicles licensed vehicle, or a similar vehicle or structure as determined by the RMA Director.
(v) "Right of Entry Permit"
means the Debris and/or Hazard Tree Removal Right of Entry Permit (for providing debris and/or hazard tree removal on private property), approved by the California Office of Emergency Services and the Board of Supervisors, for use in the cleanup after the SQF Complex Fire.
(w) "RMA Director"
means the Director of the Tulare County Resource Management Agency, or his/her designee.
(x) "RMA-Permit Center"
means the main hub for the public seeking building and land use permits located at 5961 South Mooney Boulevard, Visalia, CA 93277.
(y) "SQF Complex Fire"
means the group of wildfires that began in Tulare County on August 19, 2020, and was designated as the SQF Complex Fire by CALFIRE, as referenced in the August 18, 2020 Proclamation of a State of Emergency by Governor Gavin Newsom and Board of Supervisors Resolution No. 2020-0596, adopted on September 1, 2020.
(z) "Temporary Dwelling"
means, for purposes of this chapter only, a recreational vehicle, a manufactured home, or a mobile home.
(aa) "Unpermitted structure"
means a structure built without the required County building permits and inspections.
(Added by Ord. No. 3587, effective 12-8-20)