Citizens within the rural areas of unincorporated Shasta County impacted by the Carr wildfire have expressed a desire to legalize the construction of Limited Density Owner-Built Rural Dwellings in compliance with State law, and have emphasized the values of affordability, sustainability, self-sufficiency, creativity and character of the rural communities.
A significant portion of the unincorporated area of Shasta County impacted by the Carr wildfire is very remote, and utility services are cost prohibitive and difficult if not impossible to obtain. The lack of readily available public water, sewer or utility power connections would exclude participation in the normal permit process and create an unreasonable burden to the property owner to comply with the prescriptive building and development requirements of the current California Building Standards Code (Title 24 of the California Code of Regulations).
The building standards contained in the proposed ordinance apply only to Limited Density Owner-Built Rural Dwellings and appurtenant structures. Limited Density Owner-Built Rural Dwellings are defined as follows:
1. A single family dwelling.
2. The dwelling is constructed by either:
a. A general contractor licensed to practice in the State of California who contracts directly with the person or persons owning the property at the time construction is commenced for occupancy as the principal residence of that person or persons owning the property; or
b. By any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family
3. The dwelling is not subject to sale, lease, rental, or employee occupancy for a period of three years from issuance of a certificate of occupancy. The three year period may be waived by the Building Official if owner occupancy is unfeasible, due to circumstances forcing the sale or rental of the property.
4. The dwelling is located on a legal parcel that meets the following criteria:
a. Located within the area of unincorporated Shasta County impacted by the Carr wildfire as shown on the map attached to the proposed ordinance.
b. Located within a zone or zones of unincorporated Shasta County that allow for single family residences as a permitted use.
c. A parcel created in compliance with the Shasta County Code.
d. A parcel with a sewer connection or of sufficient size and configuration to fulfill the sewage disposal system setbacks to all property lines and all other setbacks established by law.
Appurtenant structures are structures directly related to the primary residential use, including but not limited to detached bedrooms or hobby rooms used as living space, garages, or pump houses. Appurtenant structures also include, but are not limited to, shops, barns, or sheds, including those considered accessory to the zone.
The proposed ordinance contains the following specific modifications and/or suspensions of county housing, permitting, and health and safety codes and policies for properties impacted by the Carr wildfire:
Building Code Compliance: Except as amended by the provisions of the proposed ordinance and except as otherwise preempted by statute, the 1997 edition of the California Building Standards Code, Title 24, California Code of Regulations (1997 Building Code), shall be used in determining compliance with the standards of the proposed chapter.
In the alternative to the above, and except as amended by the provisions of the proposed ordinance and except as otherwise preempted by statute, the Building Official shall use the plans of a certified architect, civil engineer, or structural engineer to determine compliance with the standards of the proposed ordinance as follows:
1. The plans were previously issued for a structure that was destroyed or damaged in the Carr wildfire.
2. The plans were not issued before January 1, 1998.
3. The applicant requests that this standard be used and provides the plans to the Building Official.
Structural Design: Buildings or structures constructed pursuant to this article may be of any type of construction which will provide for a sound structural condition. Pier foundations, stone masonry footings and foundation systems, pressure treated lumber, poles, or equivalent foundation materials or designs may be used provided that the bearing and lateral stability is sufficient for the purpose intended.
Building Materials and Appliances: Owner-produced or used materials and appliances may be utilized unless found not to be of sufficient strength or durability to perform the intended function; owner-produced or used lumber may be utilized unless found to contain dry rot, excessive splitting, or other defects obviously rendering the material unfit in strength or durability for the intended purpose.
Heating: A heating facility or appliance shall be installed in each dwelling subject to the provisions of the ordinance; however, there shall be no specified requirement for heating capacity or temperature maintenance. Fireplaces, heating and cooking appliances, and gas piping installed in buildings constructed pursuant to the ordinance shall be installed and vented in accordance with the applicable requirements contained in the most currently adopted version of the California Mechanical Code.
Room dimensions: There shall be no requirements for room dimensions provided that there is adequate light and ventilation and adequate means of egress.
Electricity: In structures where electrical usage is confined to one (1) or more rooms of a structure, the remainder of the structure shall not be required to be wired or otherwise fitted for electrification unless the Building Official determines the electrical demands are expected to exceed the confinement and capacity of that room(s). Where electrical wiring or appliances are installed, the installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Electrical Code.
Fire Safety. All Limited Density Owner-Built Rural Dwellings shall comply with the “Materials and Construction Methods for Exterior Wildfire Exposure” requirements found in the current adopted California Residential Code and/or in the latest adopted version of the California Building Code, Chapter 7A. Smoke and carbon monoxide detectors must also be installed per the most current adopted California Residential Code. The Board directed staff to consider the waiver of fire sprinkler requirements for Limited Density Owner-Built Rural Dwellings. In light of the substantial safety benefits provided by residential fire sprinkler systems in many circumstances other than wildfires, the County Fire Department and the Department of Resource Management recommend applying fire sprinkler requirements to Limited Density Owner-Built Rural Dwellings.
Current plumbing and sanitation standards must still be met.
Additional details and provisions are outlined in the ordinance.
The proposed ordinance is a pilot program and will expire on November 30, 2021, unless extended by subsequent ordinance.
Adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to 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 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 Government Code.
The proposed ordinance is also not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment). In addition to the foregoing general exemptions, the following categorical exemptions apply: Sections 15308 (actions taken as authorized by local ordinance to assure protection of the environment), 15321 (action by agency for enforcement of a law, general rule, standard or objective administered or adopted by the agency, including, but not limited to, by direct referral to the County Counsel as appropriate for judicial enforcement), 15302 (replacement or reconstruction) and 15303 (new construction or conversion of small structures, e.g., a residential accessory building). Each exemption stands as a separate and independent basis for determining that this ordinance is not subject to CEQA.