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Planning and Building Department, Planning Division, recommending the Board adopt and authorize the Chair to sign Resolution of Intention 144-2026 to Amend Title 130 of the County Ordinance Code, Chapter 130.69 - Caldor Fire Resiliency and Rebuilding Ordinance, to extend the expiration date from December 31, 2026 to October 1, 2029.
FUNDING: N/A
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DISCUSSION / BACKGROUND
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 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 (File No. 21-1469, Item No. 3), the Board adopted Urgency Ordinance 5150 entitled “Caldor Fire Resiliency and Rebuilding Ordinance,” adding Chapter 130.69 to Title 130, Article 6 of the El Dorado County Ordinance Code to provide for temporary emergency housing options for residents displaced by the Caldor Fire during the recovery and rebuilding process, and also included provisions to aid during repair and reconstruction of damaged and destroyed dwellings and other structures in the burn area.
On December 14, 2021 (File No. 21-1971, Item No. 53), the Board adopted Urgency Ordinance 5156, modifying Chapter 130.69 of Title 130 to add Section 130.69.360, Community Services, to provide for the relocation of Community Services on a fire damaged lot in the Caldor burn area to an existing building in any Residential, Commercial, Agricultural, Rural, Resource, Industrial, or Research and Development Zone District under a Temporary Use Permit.
On August 23, 2022 (File No. 22-1365, Item No. 22), the Board adopted Urgency Ordinance 5163, further modifying Chapter 130.69 of Title 130, amending Section 130.69.260, Permit Fee Reductions and Waivers, and adding Section 130.69.370, Environmental Management Permit Fees, to expand program eligibility under the permit fee waiver criteria to allow for the waiver of 100% of all applicable Planning and Building Department and Environmental Management Department permit fees for eligible applicants, including those that are insured and uninsured, to lessen the financial burden and provide additional relief to residents displaced by the Caldor Fire.
On September 17, 2024 (File No. 24-1491, Item No. 11), the Board adopted Ordinance 5208, again modifying Chapter 130.69 of Title 130, amending Section 130.69.160, Temporary Recreational Vehicles, to extend the period for use of generators to align with the expiration date of Chapter 130.69.
Additionally, the Board has taken other actions related to the Caldor recovery and rebuilding efforts to provide for additional means of assistance, including the use of General Fund to cover the costs of state mandated permit fees ineligible to be waived, approval of permit fee refunds for those residents who were initially ineligible or only partially eligible for permit fee waivers, and most notably, the approval of and establishment of the Title 25 Program to provide a viable option for limited-density owner-built rural dwellings within the Caldor Fire burn area, primarily within the Grizzly Flats community.
Although substantial progress has been made in rebuilding the Caldor Fire burn area, many residents continue to face challenges in securing permanent housing. As a result, there remains an ongoing need for permitted temporary recreational vehicles (TRVs) as a housing option on eligible lots while construction is underway or awaiting commencement, including for Title 25 Program homes and traditional single-family homes.
To date, a total of 75 TRV applications have been submitted under the Caldor fee waiver program. Of these, a small number were issued to new property owners who were not eligible for the fee waiver and paid applicable fees, and several applications have been withdrawn, expired, or have been finaled as rebuilding has progressed. Currently 56 TRV permits remain in an issued/active status. Roughly half of these active permits are associated with properties that are in plan check, in construction, or have completed their replacement dwelling and are in the process of closing out their permits. The remaining active permits do not currently have an associated replacement dwelling permit or plan check underway. Staff will continue reconciling issued TRV permits and closing those no longer needed as rebuilding advances.
As rebuilding continues, including through the Title 25 Program, a number of eligible and participating residents have needed, and will likely continue to need, TRVs for temporary housing during construction, extending beyond the timelines originally established in Chapter 130.69, which is set to expire on December 31, 2026. To ensure ongoing support for residents throughout the rebuilding process, staff recommends extending the expiration date of Chapter 130.69 to October 1, 2029. While not all TRV permit holders are currently participating in the Title 25 Program or have submitted plans for replacement dwellings, this extension will also allow staff additional time to work with residents to identify and evaluate long-term housing options. Although the primary purpose of the extension is to allow for the continued use of TRVs, the revised expiration date would also apply to all other provisions, eligibility criteria, and permitted activities established under Chapter 130.69.
ALTERNATIVES
The Board may choose not to adopt this proposed ROI, allow Chapter 130.69 to expire On December 31, 2026 as originally established, or direct staff to explore other options.
PRIOR BOARD ACTION
The Board has previously taken the following actions related to Chapter 130.69 and/or the Caldor Fire recovery and rebuilding efforts:
• File No. 21-1469 - Adopted Urgency Ordinance 5150, adding Chapter 130.69
• File No. 21-1971 - Adopted Urgency Ordinance 5156, first amendment to Chapter 130.69
• File No. 22-0604 - Approved the use of General Fund for state mandated permit fees
• File No. 22-1365 - Adopted Urgency Ordinance 5163, second amendment to Chapter 130.69
• File No. 22-1732 - Approved Resolution 156-2022 adopting the Caldor Fire Permit Fee Refund Policy
• File No. 24-0194 - Adopted Ordinance 5199 establishing the Title 25 Program
• File No. 24-1491 - Adopted Ordinance 5208, third amendment to Chapter 130.69
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has reviewed the proposed ROI.
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with the Board’s adoption of the proposed ROI. The proposed amendment to Chapter 130.69 is minor in nature and will be completed by staff, and costs associated with public notices will be absorbed in the Department’s Fiscal Year 2026-27 budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original copy of the ROI; and
2) The Clerk of the Board will forward one (1) signed copy of the ROI to the Planning and Building Department, attention Tom Meyer, for further processing.
STRATEGIC PLAN COMPONENT
Safe and Healthy Communities - The proposed amendment to Chapter 130.69 to extend the expiration date of this Ordinance aligns with the County’s priority of developing a continuum of support and housing opportunities for unhoused individuals by allowing for the continued use of TRVs during, or while waiting for, construction of permanent homes within the Caldor Fire disaster area.
CONTACT
Karen L. Garner, Director
Planning and Building Department