TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building, and Environmental Services
REPORT BY: Jason M. Dooley, Chief Deputy County Counsel
SUBJECT: Introduction and intention to adopt an Ordinance amending Chapter 8.80, Disaster Recovery
RECOMMENDATION
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PUBLIC HEARING - Introduction of Ordinance
Introduction and intention to adopt 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 the 2018 Steele Fire disaster, and then again after the 2020 LNU Lightning Complex Fire and the 2020 Glass Fire, to ensure that the relief extended to victims of those wildfire disasters. 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, staff proposes expanding the application of Chapter 8.80 to any property damage resulting from a future natural disaster or other condition that gives rise to a declaration of local emergency.
On December 17, 2024, the Board considered the proposed ordinance and recommended additional changes or clarifications, which have been addressed in the drafts attached to this report.
First, the Board requested clarification of language addressing the timeline for re-establishing a legally non-conforming use that was impacted by a disaster. The original language was difficult to parse and required explanation. The proposed ordinance suggests language that is clearer and more concise.
Second, the Board requested confirmation that the references to declarations of local emergencies and the language used for such events be both internally consistent and consistent with State law. Staff reviewed the language and confirmed that the language was consistent.
PROCEDURAL REQUIREMENTS:
1. Open Public Hearing;
2. Staff Report;
3. Public Comments;
4. Close Public Hearing;
5. Discussion, motion, second, and vote on intention to adopt the Ordinance.
REQUESTED ACTION:
Vote to indicate the Board of Supervisors’ intent to adopt the Ordinance at its next regular meeting on February 4, 2025.
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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Is it Mandatory or Discretionary? |
Discretionary |
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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.