Title
HEARING - To consider a recommendation for approval from the Planning Commission on a Planning and Building Department, Planning Division, proposed amendment to 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; and staff recommending the Board take the following actions:
1) Find that the proposed amendment to Chapter 130.69 is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(4) (specific actions necessary to prevent or mitigate an emergency); CEQA Guidelines Section 15269(c) (specific actions necessary to prevent or mitigate an emergency); and CEQA Guidelines Section 15061(b)(3) (common sense exemption); and
2) Approve and adopt Ordinance 5270, adopting an amendment to Title 130 of the County Ordinance Code, extending the expiration date of Chapter 130.69 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 allowable generator-use period to align with the Chapter’s expiration date.
Additionally, the Board has taken other actions related to the Caldor recovery and reconstruction 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, creating a viable option for limited-density owner-built rural dwellings within the Caldor Fire burn area.
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, while several other 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 recovery efforts advance.
As reconstruction 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 during the reconstruction 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 provide additional time for staff 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.
On August 25, 2026 (File No. 26-1273, Item No. 22), the Board adopted Resolution of Intention (ROI) 144-2026 to initiate an amendment to Chapter 130.69 extending the expiration date to October 1, 2029. Following the Board’s action, the Planning Commission held a public hearing on September 10, 2026 to review the proposed ordinance amendment, receive public comment, and consider staff’s recommendation. At the conclusion of the hearing, the Planning Commission voted to recommend approval of the amendment to the Board. As the final step in this process, the item now returns to the Board for a hearing to consider final adoption of the proposed amendment.
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
• File No. 26-1273 - Adopted Resolution of Intent 144-2026 to amend Chapter 130.696
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel has reviewed the proposed Ordinance.
FINANCIAL IMPACT
There is no change to Net County Cost associated with the Board’s adoption of the proposed Ordinance. The proposed amendment to Chapter 130.69 provides for an extension to the original expiration date of the Ordinance. There may be additional permit fee waiver requests received during this extended period; however, the waiver of all applicable and necessary permit fees associated with rebuilding has previously been approved by the Board.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair’s signature on one (1) original copy of the Ordinance;
2) Publish the Ordinance Summary to include the final Board vote within 15 days after Final Passage; and
3) Send the full Ordinance to Municode for codification following adoption.
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
Tom Meyer, Program Manager
Planning and Building Department