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Planning and Building Department, Planning Division, recommending the Board approve the Final Passage (Second Reading) of Ordinance 5208 amending Title 130, Section 130.69.160 - Temporary Recreational Vehicles, to extend the time for the use of generators with an issued Temporary Recreational Vehicle permit with a new expiration date of December 31, 2026. (Cont. 9/10/2024, Item 26).
FUNDING: N/A
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DISCUSSION / BACKGROUND
On September 10, 2024, the Board heard Ordinance 5208 and Continued the matter to September 17, 2024 for Final Passage (Second Reading).
On August 14, 2021, the Caldor Fire erupted in El Dorado County, quickly spread, and threatened the safety of residents and property. While the fire continued to burn, the Board of Supervisors acknowledged the need for the fastest possible transition of displaced residents to interim and long-term shelter, including the rebuilding of homes and communities destroyed by the Caldor Fire.
On September 10, 2021, Legistar File 21-1469, the Board of Supervisors adopted an urgency ordinance (Ordinance 5150), adding Chapter 130.69 of Title 130, Article 6 of the El Dorado County Ordinance Code entitled “Caldor Fire Resiliency and Rebuilding” (Caldor Ordinance) to provide for temporary emergency housing options for persons displaced by the Caldor Fire during recovery and rebuilding and provisions to aid during repair and reconstruction of damaged dwellings and other structures in the burn area.
Most provisions of the Caldor Ordinance expire December 31, 2026, unless extended or modified by the Board of Supervisors, however, Section 130.69.160(D) states;
“During the first three years from the effective date of this Chapter 130.69, generators are an acceptable source of power for temporary recreational vehicles permitted under this Chapter 130.69 on fire-damaged lots in the burn area. After the first three years from the effective date of this Chapter 130.69, generators are not an acceptable source of power for temporary recreational vehicles.”
The effective date of the Caldor Ordinance was September 10, 2021, thus the three-year limitation on generators expires September 10, 2024. The provision allowing the use of RVs as temporary shelter for fire victims does not expire until December 31, 2026, the same date the ordinance in its entirety expires.
Although many new homes have been rebuilt in the Caldor Fire area and Grizzly Flats in particular, there are still many residents either under construction or who have yet to begin construction and must still live in RVs. With the approval of Title 25 for the Grizzly Flats area on May 21st, 2024, several residents plan to build homes under this program. Staff is currently working with residents and a local architect who has volunteered to put together a set of plans for a 750 square foot Title 25 home that can serve as a no cost “master plan” that residents can use, thus making it even more cost-effective. There were 476 homes destroyed in Grizzly Flats, 99 permits have been issued to rebuild as of August 30, 2024.
To continue to assist fire victims, staff recommends extending the use of generators to December 31, 2026, to match the expiration date of the other provisions of the Caldor Ordinance. The Title 25 Ordinance allows the use of generators up until final occupancy, so any Title 25 structures under construction will be allowed to continue the use of generators beyond the expiration of the Caldor Ordinance.
Although the provision allowing the use of generators with RVs expires today, September 10, 2024, this ordinance allowing the continued use of generators will not take effect until 30 days after the second reading (scheduled for September 17, 2024). Should the Board approve this ordinance, staff proposes to stay any enforcement of the use of generators during the interim period.
Staff has also reached out to PG&E and is clarifying the process and costs for extending temporary and/or permanent power to Caldor sites, including to RVs. Once confirmed, this information will be shared with Caldor Fire victims and posted on the County Caldor Fire resource webpage.
ALTERNATIVES
The Board could choose to not approve the Ordinance to extend the use of generators for those with RVs as allowed by the Caldor Fire Resiliency and Rebuilding Ordinance. Fire victims that continue to rely on generators for power will need to get power from alternative sources such as PG&E and/or solar and pay for those costs.
PRIOR BOARD ACTION
On August 19, 2021, Legistar File 20-1396, the Board of Supervisors ratified the Local Emergency by signing Resolution 104-2021. The Local Emergency was originally proclaimed by the County Sheriff, who is the County’s Director of the Office of Emergency Services due to conditions of extreme peril from an imminent and proximate threat from the Caldor Fire that began on August 14, 2021.
On September 10, 2021, Legistar File 21-1469, the Board of Supervisors adopted Ordinance 5150 adding Chapter 130.69 of Title 130, Article 6 of the El Dorado County Ordinance Code entitled “Caldor Fire Resiliency and Rebuilding” which provides for temporary emergency housing options for persons displaced by the Caldor Fire during recovery and rebuilding and provisions to aid during repair and reconstruction of damaged dwellings and other structures in the burn area.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Building Division and County Counsel.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
No new or additional funding is anticipated to be needed in order to implement this modification to the Caldor Ordinance.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair’s signature on the ordinance summary and publish in the appropriate local newspaper(s) no less than 5 days prior to Final Passage (Second Reading).
2) Publish the Summary Ordinance to include the final Board vote within 15 days after Final Passage.
3) Obtain signatures on original copy of the Ordinance and send one (1) fully executed copy of the Ordinance to Planning and Building Department, Attn: Karen Garner.
STRATEGIC PLAN COMPONENT
Safe and Healthy Communities - Develop a continuum of support and housing opportunities for unhoused individuals.
CONTACT
Karen L. Garner, Director
Planning and Building Department