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Hearing to consider a proposed Ordinance amending Title 130 (Zoning Ordinance), Chapter 130.69 - Caldor Fire Resiliency and Rebuilding Ordinance, to extend the Chapter’s expiration date from December 31, 2026 to October 1, 2029.
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DISCUSSION / BACKGROUND
The Caldor Fire began on August 14, 2021, resulting in significant damage throughout the affected communities and displacing numerous residents, threatening the safety of residents and property. In response to immediate needs, the Board of Supervisors (Board) recognized the necessity of facilitating temporary housing, supporting long-term recovery efforts, and reducing associated financial burdens for affected property owners.
On September 10, 2021 (File No. 21-1469, Item No. 3), the Board adopted Urgency Ordinance 5150, establishing Chapter 130.69 - Caldor Fire Resiliency and Rebuilding Ordinance, to authorize temporary emergency housing options for displaced residents and to support repair and reconstruction activities within the Caldor Fire burn area.
On December 14, 2021 (File No. 21-1971, Item No. 53), the Board adopted Urgency Ordinance 5156, the first amendment to Chapter 130.69, adding Section 130.69.360 to allow for the relocation of Community Services from fire-damaged lots within the burn area to existing buildings in multiple zone districts under a Temporary Use Permit.
On August 23, 2022 (File No. 22-1365, Item No. 22), the Board adopted Urgency Ordinance 5163, the second amendment to Chapter 130.69, amending Section 130.69.260 and adding Section 130.69.370 to expand eligibility for the Planning and Building Department and Environmental Management Department permit fee waivers, thereby reducing rebuilding costs for both insured and uninsured property owners.
On September 17, 2024 (File No. 24-1491, Item No. 11), the Board adopted Ordinance 5208, the third amendment to Chapter 130.69, amending Section 130.69.160 to extend the allowable period for the use of generators associated with permitted temporary recreational vehicles (TRVs) to coincide with the Chapter’s expiration date.
In addition to the adoption of the original Urgency Ordinance 5150 and subsequent amendments to Chapter 130.69, the Board has taken several actions to further assist residents, including allocating General Fund resources to cover state-mandated permit fees that cannot be waived, approving permit fee refunds for residents that were initially ineligible or only partially eligible for permit fee waivers, and establishing the Title 25 Program to support limited-density rural dwelling reconstruction within the burn area, particularly within the Grizzly Flats community.
Rebuilding efforts have progressed over years; however, many residents continue to face challenges in securing permanent housing and rely on permitted TRVs as a housing option within the Caldor Fire burn area while construction is underway or awaiting commencement, including those participating in the Title 25 Program. To date, a total of 75 TRV applications have been submitted under the Caldor fee waiver program, with 56 permits currently in an active/issued status. Approximately half of the active permits are associated with properties where replacement dwellings are in plan check, under construction, or nearing permit closure, while the remainder represent properties where rebuilding plans have not yet commenced or been determined. Staff will continue working with property owners to identify and evaluate long-term housing options, monitor active permits, and close those no longer required.
Chapter 130.69 is currently set to expire on December 31, 2026. Due to ongoing construction timelines and continued reliance on temporary housing, an extension is necessary to align with current rebuilding conditions and to continue providing support to impacted residents within the burn area.
As Chapter 130.69 was originally adopted as an urgency ordinance and the associated local and state emergency declarations are no longer in effect, the standard procedures applicable to proposed amendments to the County’s Zoning Ordinance apply, including a publicly noticed hearing before the Planning Commission prior to the Board’s consideration and adoption. As such, staff recommend the Planning Commission forward a recommendation to the Board to adopt the proposed Ordinance extending the expiration date of Chapter 130.69 to October 1, 2029.
CONTACT
Tom Meyer, Program Manager
Planning and Building Department