In order to provide residents with additional temporary housing opportunities within the SQF Complex Fire burn area, this article aims to relax some of Tulare County's building and zoning regulations. By enacting this article, the County intends to develop reasonable standards which allow persons to move back into the SQF Complex Fire burn area to provide temporary, interim shelter for Tulare County residents on private property during the reconstruction period. Persons moving back to the area while public safety hazards are being mitigated do so at their own risk and should make themselves aware of potential public safety hazards, including, but not limited to, falling trees or telephone poles adjacent to the roadways and potable water issues.
(Added by Ord. No. 3587, effective 12-8-20)
This article relating to use of temporary dwellings and cargo storage containers shall take effect immediately upon adoption and shall remain in effect until January 1, 2023, unless extended or otherwise modified by the Board of Supervisors before that date.
(Added by Ord. No. 3587, effective 12-8-20)
Residential use of temporary dwellings and cargo storage containers located on fire-damaged parcels shall be permitted on parcels where a previously established residence was destroyed, or damaged and thus rendered uninhabitable, as determined by the RMA Director, as a result of the SQF Complex Fire. Proof that a destroyed or damaged residence was previously established shall be verified by the RMA Director based on prior building permit or assessor's records, or other documentation satisfactory to the Director.
(a) 
Except as provided herein, no County approval or permit for residential use of a temporary dwelling or cargo storage container shall be issued until fire debris is removed from the site and is cleared by Tulare County Department of Public Health, Environmental Health Division, or until documentation of clearance by CalOES, CalRecycle, or FEMA is provided to the Building Official.
(b) 
All permits to allow temporary dwellings and cargo storage containers require submission of a complete building permit application to rebuild damaged or destroyed residences on the permitted parcel within one hundred and twenty (120) days of approval. Beyond the initial 120 days, the parcel shall require open, valid, and active building permit(s) throughout the use of a temporary dwelling and/or cargo storage containers.
(c) 
Temporary dwellings may be located within Zoning Ordinance setback areas such that placement of the temporary dwelling will allow for unobstructed debris removal and reconstruction on the site. Notwithstanding the foregoing, temporary dwellings shall not be allowed within fifty (50) feet of a bank of an intermittent water course and one-hundred (100) feet of a bank of a perennial water course.
(d) 
Building Standards and Requirements. All residential use of temporary dwellings and cargo storage containers shall meet the following standards:
(1) 
The property owner, or the property owner's authorized agent, shall obtain all County permits for all temporary dwellings and cargo storage containers. Written consent of the property owner is required on all permit applications.
(2) 
Residential use of temporary dwellings is limited to those dwellings not on a permanent foundation and used to house displaced persons during the effective period of this Article.
(3) 
At all times, use of cargo storage containers shall be for storage of residents' personal and household belongings only.
(4) 
Temporary dwellings and cargo containers shall be located within the property boundaries of the displaced person(s) and not be within another individual or entity's recorded easements, road or driveway, designated flood hazard location, or areas prone to landslide or debris flow.
(5) 
The temporary dwelling shall be connected to an approved source of water meeting one of the following criteria:
(A) 
A public water supply;
(B) 
An existing well, provided that it has been approved by the Tulare County Department of Public Health, Environmental Health Division as safe for domestic consumption; or
(C) 
Another water source approved by the Tulare County Department of Public Health, Environmental Health Division.
(6) 
The temporary dwelling shall be connected to an approved sewage disposal system meeting one of the following criteria:
(A) 
A public sewer system;
(B) 
An existing on-site sewage disposal system that the Tulare County Department of Public Health, Environmental Health Division's Director has determined to be intact, adequately sized, and functioning following the disaster;
(C) 
A temporary holding tank in contract with a pumping company for regular pumping. A copy of the contract shall be provided to the Tulare County Department of Public Health, Environmental Health Division; or
(D) 
Another method of sewage disposal approved by the Building Official.
(7) 
The temporary dwelling shall be connected to an approved source of electricity meeting one of the following criteria:
(A) 
A permitted electrical service hook-up; or
(B) 
Another power source approved by the Building Official.
(8) 
Parking of licensed personal vehicles shall comply will all applicable on street parking restrictions.
(9) 
A maximum of two cargo storage containers will be allowed on a parcel.
(e) 
Removal and disconnection of temporary dwelling. Every temporary dwelling placed on any site for residential use as permitted by this Article shall be disconnected from sewer, septic, water and/or power connections and removed from the parcel on which it is located no later than the expiration date of this Article or within thirty (30) days of issuance of a certificate of occupancy with respect to said parcel, whichever is earliest.
(f) 
Removal of cargo storage container. Every cargo storage container placed on any parcel for residential use as permitted by this Chapter shall be removed from the parcel on which it is located no later than the expiration date of this Article or within thirty (30) days of issuance of a certificate of occupancy with respect to said parcel, whichever is earliest.
(Added by Ord. No. 3587, effective 12-8-20)
Notwithstanding any contrary provision of this Code, the RMA Director may waive the requirements of Section 15 of Chapter 3 of Ordinance No. 352, which prohibits the replacement, repair or reconstruction of a non-conforming building or use that has been destroyed, provided the RMA Director has determined that all other requirements of this Chapter have been met.
Building permits for the reconstruction of a permitted or legal non-conforming structure that has been demolished or destroyed by the SQF Complex Fire shall be submitted prior to January 1, 2023, and shall be completed January 1, 2025.
(Added by Ord. No. 3587, effective 12-8-20)
The following statement shall be provided in writing to all individuals applying for a building permit within the SQF Complex Fire area:
Due to the large number of structures destroyed in the SQF Complex Fire, it is anticipated that there will be a large number of applications for building permits in the SQF Complex Fire burn areas, after fire debris and hazardous materials have been cleaned up pursuant to the OES Program or the Alternative Program. Building permits in the SQF Complex Fire burn areas will not be issued until after the RMA Director approves the certification required by this chapter that the cleanup has been completed. The Tulare County Public Health Officer has identified health hazards in the fire debris and hazardous materials in the SQF Complex Fire area. 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. Property owners and residents should investigate their own property 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 inherently discharge the property of all hazards. A building permit is a ministerial action, requiring only limited review by the County to ensure that the proposed structure or improvement meets all applicable building standards. In most zones, an individual is allowed by right to construct a residence after receiving a building permit, which 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 which are not directly associated with the permitted structure or improvement. 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.
(Added by Ord. No. 3587, effective 12-8-20)