Title
Planning and Building Department recommending the Board:
1) Approve the Introduction (First Reading) of Ordinance 5229 amending Chapter 110.18 of Title 110, Regulations for Limited-Density Owner-Built Rural Dwellings, to include parcels in the Phillips Area affected by the Caldor Fire;
2) Find that the Ordinance is exempt from further review under CEQA, pursuant to Public Resources Code Section 21080(b)(3) (projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor); Public Resources Code Section 21080(b)(4) (actions necessary to mitigate an emergency); CEQA Guidelines Section 15269(a) (maintaining, repairing, restoring, demolishing, or replacing property or facilities damaged or destroyed as a result of a disaster-stricken area in which a state of emergency has been proclaimed by the Governor); 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 directing notice of exemption to be filed;
3) Waive reading of the full Ordinance, read by title only, and continue this matter to June 10, 2025 (Attachment C), for Final Passage (Second Reading); and,
4) Adopt and authorize the Chair to sign Resolution 063-2025 (Attachment D) approving findings for adoption of regulations for limited-density owner-built rural dwellings, directing the findings and regulations be filed with the California Building Standards Commission and the Department of Housing and Community Development, determining that amendment of regulations for limited-density owner-built rural dwellings is exempt from further review under CEQA, and directing a Notice of Exemption to be filed.
FUNDING: N/A
Body
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 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.
On May 21, 2024 (Legistar file 24-0194), the Board of Supervisors adopted Ordinance 5199, adding County Code section 110.18 to make Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations, as modified herein, operative on limited-density owner-built rural dwellings (Title 25) in the Grizzly Flats community of El Dorado County, and to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of such dwellings and appurtenant.
Around the time Title 25 was adopted for the Grizzly Flats area, a resident in the Phillips area reached out and expressed interest in the program. The Phillips area is near Sierra At Tahoe Ski Resort just south of Highway 50. Although a smaller area was affected, there were a number of homes on private land in the Phillips area that were lost in the Caldor Fire. Staff spoke with Chief Chad Stephen and Battalion Chief/Fire Marshal Steve Pevenage of the Lake Valley Fire whose district includes the Phillips Area and shared information about the Title 25 program. After reviewing the information, Chief Stephen and BC Pevenage agreed to allow the same program for the affected parcels including allowing a rebuild of 750 square feet or less without fire sprinklers. A home larger than 750 square feet can still take advantage of several provisions of Title 25 but would need to provide fire sprinklers.
When Title 25 was adopted one year ago for Grizzly Flats, it was anticipated it would be a two-year pilot program and that construction would begin that year before winter. As staff and Supervisor Turnboo continued to work with the community, it became clear that a pre-reviewed set of Title 25 plans would be very beneficial for those interested in the program. This would save a large upfront cost to residents and would shorten the review time for plans since the Building Division would have already reviewed them. Staff reached out through several channels to find an architect or engineer willing to donate their time designing a set of plans. After several months, Dr. John Taylor, chair of the South County Alliance, found an architect Peter Wolfe, willing to donate their time. After several more months of discussions while developing the plans, including gathering feedback from Grizzly Flats residents, final Title 25 plans are now available.
On April 26th, the Planning and Building Director and Chief Building Official, Don Knight, met with eight families interested in building under the Title 25 program and using the pre-reviewed plans. It is anticipated that these residents will soon be submitting applications. Residents and volunteers are working with those planning to build a Title 25 home to identify and coordinate resources and building materials as well as volunteer help.
Given the time it’s taken to get to this point, staff is recommending that the Board extend the pilot program one additional year until June 21, 2027. It should be noted that once a permit is issued for a Title 25 home, the applicant has three years to complete construction and can be granted a two-year extension if reasonable progress is being made. It should also be noted that most of the provisions of the Caldor Ordinance expire on December 31, 2026 including fee waivers and temporary RV permits, however, for those rebuilding under Title 25, they will qualify under County Code Sec. 130.40.190 temporarily allowing mobile homes or RVs while a home is under construction.
Staff also considered expanding the program for residents affected by the Mosquito Fire. Although large in acreage, the fire affected far fewer homes. Out of the 31 red-tagged structures, 19 were accessory structures and twelve were used as dwellings. Of those twelve, three were constructed as barns but being used as dwellings. Three have since been reconstructed. Three others do no plan to rebuild. One is unsure at this time if they will rebuild or what size structure and the remaining two were contacted but did not return calls. The two that didn’t return calls show current contact information outside of the greater Sacramento region. Unlike Caldor Fire victims, no temporary RV permits were issued for Mosquito Fire victims indicating that all displaced Mosquito Fire victims are now living elsewhere. At this time, staff does not recommend expanding the Title 25 program to Mosquito. Should the situation change or any fire victims express interest in the Title 25 program, staff will reconsider the matter.
ALTERNATIVES
The Board could choose not to extend the Title 25 program to the Phillips Area. Residents in the Phillips area would not be able to build under the Title 25 program but would still qualify for fee deferrals and other provisions of the Caldor Ordinance.
PRIOR BOARD ACTION
On May 21, 2024 (Legistar file 24-0194), Board approved the final passage of Ordinance 5199 adding County Code section 110.18 to make Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations, as modified, operative on limited-density owner-built rural dwellings in the Grizzly Flats community of El Dorado County.
On January 9, 2024 (Legistar file 24-0003), Board received a presentation on recommendations for implementation of Limited Density Owner-Built Rural Dwellings (Title 25) for the Grizzly Flats area, with the Board providing feedback to staff.
On October 17, 2023 (Legistar file 23-1894), Board directed staff to review Butte County's Limited Density Owner-Built Rural Dwellings (Title 25) program and Butte County's Ordinance #4146 to determine how it can be adopted by El Dorado County for the Grizzly Flats area, and, if appropriate, prepare a draft Ordinance or Ordinance amendment.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Lake Valley Fire Protection District
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Ordinance No. 5150 previously approved a waiver of County permit fees associated with building permits and funding for such waivers. Expansion of the Title 25 program will further encourage new construction and permanent homes for residents who lost homes in the Caldor Fire.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to publish a Summary Ordinance in the appropriate local newspaper(s) following Board approval of the Final Passage (Second Reading) of the Ordinance.
2) Clerk of the Board to obtain signatures on the Ordinance and transmit a copy of the Ordinance to Planning and Building Department, Attn: Karen L. Garner.
3) Clerk of the Board to obtain signature of Chair on the attached Resolution, and provide a certified copy to Planning and Building Department, Attn: Karen L. 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