§ 8.61.040. Definitions.

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

"Camp Fire" means an one hundred three thousand three hundred thirty-six (153,336) acre wildfire that started near the community of Pulga on November 8, 2018, destroying over eighteen thousand (18,000) structures, which forced the evacuation of the town of Paradise, Berry Creek, 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 one hundred (100) percent containment.

"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.

"Director" means the Town of Paradise Director of Emergency Services or his or her authorized representative.

"Displaced person(s)" means 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 in this chapter. 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 determination may be made by the director or other town personnel.

"Effective Date" means the date of the town council adoption of this chapter.

"Eligible property" means 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 pursuant to this chapter shall be permitted as reflected in the table below:

	Property not damaged by Camp Fire	Property with a non-qualifying structure damaged or destroyed by Camp Fire	Property with a qualifying structure damaged or destroyed by Camp Fire
Prior to completion of Phase II cleanup	Temporary housing allowed	Temporary housing allowed	Temporary housing prohibited
Following completion of Phase II cleanup (property certified clean by the Department of Public Health, Environmental Health Division)	Temporary housing allowed	Temporary housing allowed	Temporary housing allowed

 

"FEMA" means the Federal Emergency Management Agency or successor agency.

"Fire debris and hazardous materials" mean debris, ash, metals, and completely or partially incinerated substances from structures that are located on properties that qualify under the CalOES Debris Removal Program or the Butte County's Alternative Debris Removal Program.

"Movable tiny house" means 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 one hundred fifty (150) square feet, and has no more than four hundred thirty (430) square feet of habitable living space.

"Phase I" means the hazardous waste cleanup as defined and discussed in Section 8.61.020, debris removal, above.

"Phase II" means the hazardous waste, fire debris and ash cleanup as defined in Section 8.61.020, debris removal, above.

"Qualifying structure" means a qualifying structure as defined and discussed in Section 8.61.020, debris removal, above.

"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer that is: (1) 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" means a commercial use providing space for the accommodation of more than two (2) recreational vehicles for recreational or emergency housing, or for transient employee lodging purposes.

"Temporary dwelling" means a temporary dwelling includes a recreational vehicle and a movable tiny house.

(Ord. No. 575, § 5, 2-4-2019)