Chapter 17.48 — RECOVERY (REC) COMBINING DISTRICT

The REC Combining District is intended to facilitate the reconstruction and resilience of areas impacted by disaster or emergency situations.

The REC Combining District may be applied by a City Council ordinance, following declaration of a local emergency.

The REC Combining District may be combined with any primary zoning district established by SMC 17.10.010.

A. Reconstruction and repair of damaged or destroyed structures within the REC Combining District shall be consistent with all applicable zoning regulations and General Plan land use designations in effect as of the date of declaration of local emergency, with the exception of nonconforming uses, addressed in SMC 17.160.

B All building permit applications within the REC Combining District shall be prioritized over building permits in other areas of the City.

C. Demolition of damaged structures. Permit applications for the demolition of damaged structures within the REC Combining District shall receive expedited review.

D. Reconstruction of conforming structures. Conforming residential or non-residential structures within the REC Combining District may be reconstructed as originally permitted including permitted additions, but shall comply with all State and local building and fire codes, including all provisions of the California Building Standards Code as adopted by the City. All permit review for such structures shall be as follows:

1. Building permit applications for structures replicating the original footprint and building height, including permitted additions, shall receive expedited review. No impact fees are applicable.

2. Building permit applications for replacement structures that vary from the originally permitted footprint or building height shall receive expedited review. No impact fees are applicable.

E. Reconstruction of Legal Nonconforming Facilities. Notwithstanding SMC 17.160, facilities within the REC Combining District that were legally established, but do not conform to current City standards, and have been damaged or destroyed may be reconstructed or repaired in-kind provided that:

1. The facility complies with all State and local building and fire codes, including all provisions of the California Building Standards Code as adopted by the City;

2. The facility is reconstructed in the same configuration, square-footage, height, and use as the original structure; and

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3. Repair or reconstruction shall commence within three years of the date of declaration of local emergency and be diligently pursued to completion.

Building permit applications will be processed based on application submittal date. No impact fees are applicable.

F. Continuance of Legal Nonconforming Activities or Uses. Notwithstanding SMC 17.160, structures within the REC Combining District that are occupied by legal nonconforming activities or uses and have been damaged or destroyed may be reconstructed or repaired in- kind, and reoccupied with a similar or less intense activity or use provided that:

• a. Enlargement or expansion of the activity or use is not allowed; and

• b. Repair or reconstruction shall commence within three years of the date of declaration of local emergency and be diligently pursued to completion. If reoccupancy does not commence within six months of the issuance of a certificate of occupancy, the legal nonconforming status shall terminate and the property shall thereafter be subject to the current SMC.

G. Accessory dwelling units.

• a. General Provisions. Notwithstanding other provisions of the SMC, an accessory dwelling unit within the REC Combining District may be constructed and occupied prior to the construction of a single-family dwelling on the same parcel.

• b. Internal conversions. If a reconstructed residence is built to the previously permitted dimensions, without changing the footprint or square-footage of the original residence, an accessory dwelling unit may be incorporated into the interior or added to the previously permitted dimensions, consistent with SMC 17.220, and shall receive expedited review. The extent of the accessory dwelling unit shall be identified in the building permit submittal.

• c. Detached Accessory Dwelling Unit. Construction of a new detached accessory dwelling unit shall be allowed with reconstruction of a single- family dwelling. Building permit applications for the new detached accessory dwelling unit will be processed based on application submittal date.

H. Temporary dwelling units. Temporary dwelling units within the REC Combining District are permitted on residential and non-residential parcels. Water, wastewater, and electrical service shall be available on the site proposed for the temporary dwelling unit unless an alternative source is approved by the Public Works Director or City Engineer.

• a. Water – To protect the public water system, the appropriate approved backflow device shall be required. Initial testing certification of backflow devices is required and shall be performed by an entity as determined by the Public Works Director.

• b. Wastewater – To protect public health, connection to the wastewater system is required. The Public Works Director will determine the appropriate connection requirement.

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A building permit application shall be issued administratively for temporary housing. All temporary structures shall be removed from the site prior to issuance of a certificate of occupancy for a permanent residence on site, or within three years of building permit issuance, whichever is sooner.

Properties within the REC Combining District that have a base zoning district of Planned Community shall comply with the development standards established for that property. Any required discretionary planning permits for the reconstruction or repair of previously existing structures in a Planned Community District, including, but not limited to, conditional use permit or design review, shall be reviewed and approved by the Planning Director.

The Planning Director shall have the authority to make determinations regarding the applicability of any land use, zoning or related City Code provision not addressed in this ordinance to the reconstruction or repair of previously existing structures or uses.

Notwithstanding any other provision of the SMC, the provisions of the REC Combining District shall control and prevail for a period of three years of the application of the REC Combining District to a parcel or parcels, unless otherwise amended by subsequent action of the Council.

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