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 Chapter 17.160 SMC.
D. Reconstruction of Conforming Structures. Conforming residential or nonresidential 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:
E. Reconstruction of Legal Nonconforming Facilities. Notwithstanding Chapter 17.160 SMC, 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:
2. The facility is reconstructed in the same configuration, square footage, height, and use as the original structure; and
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 Chapter 17.160 SMC, 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:
1. Enlargement or expansion of the activity or use is not allowed; and
2. 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.
1. 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.
2. 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 Chapter 17.220 SMC, and shall receive expedited review. The extent of the accessory dwelling unit shall be identified in the building permit submittal.
3. 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 nonresidential 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.
1. 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.
2. Wastewater. To protect public health, connection to the wastewater system is required. The Public Works Director will determine the appropriate connection requirement.
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. (Ord. 1111, 2018)