TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Jason M. Dooley, Chief Deputy County Counsel
SUBJECT: Adoption of an Ordinance amending Chapter 8.80, Disaster Recovery
RECOMMENDATION
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Adoption of an Ordinance amending Chapter 8.80 (Disaster Recovery) to extend the effective date and expand the provisions to any declared local emergencies affecting property or structures. (No Fiscal Impact)
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BACKGROUND
After the 2017 Napa Complex wildfires, the Board of Supervisors adopted Chapter 8.80 to provide relief to property owners affected by the fires from administrative requirements for rebuilding their homes and other structures. The provisions simplified the review of fire rebuild projects in connection with the Conservation Regulations, Viewshed Regulations, and other provisions of the Napa County Code, without compromising the purposes of those regulations. Chapter 8.80 was amended after subsequent wildfires to extend the provisions. The last amendment extended the effective date of the provisions of Chapter 8.80 to December 31, 2024.
At the July 23, 2024, regular meeting of the Board, the Board directed staff to amend Chapter 8.80 to extend the effective date from December 31, 2024, to October 1, 2025, which is five years after the declaration of local emergency relating to the 2020 Glass Fire. This proposed ordinance makes that amendment to the Code and applies retroactively to cover any applications submitted between December 31, 2024, and the effective date of this ordinance. In addition, the ordinance expands the application of Chapter 8.80 to any property damage resulting from future natural disaster or other conditions that give rise to a declaration of local emergency.
The proposed ordinance was introduced at the Board of Supervisors’ December 17, 2024, regular meeting after proper notice was given. The Board requested clarification of some language regarding legal nonconforming uses. New public notice was given for a public hearing at the Board’s January 28, 2025, regular meeting. At the January 28, 2025, hearing, the Board considered the revised ordinance and by unanimous vote, indicated its intent to adopt the Ordinance.
Staff is requesting the Board adopt the proposed ordinance to amend Chapter 8.80 as set forth in the item attachment.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Discretionary Justification: |
The current provisions expired on December 31, 2024, and only apply to the wildfires between 2017 and 2020. Property owners affected by those wildfires continue to rebuild and this action will allow those affected to continue benefit from the streamlining provisions of the Disaster Recovery Ordinance. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None. |
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Consequences if not approved: |
The current provisions expired on December 31, 2024, and those property owners affected by the wildfires would no longer benefit from streamlined processes to rebuild their homes. The County would also have to amend the ordinance for any future disasters. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(3) regarding projects to maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of a declared disaster and Section 21080(b)(4) regarding actions to mitigate or prevent an emergency, CEQA Guidelines Section 15269(a) regarding 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 pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code, and CEQA Guidelines Sections 15301 regarding minor alterations of existing facilities and 15302 regarding limited new small facilities.