TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Dave Giudice, Chief Building Official
SUBJECT: Fire Rebuild Program Update and Disaster Relief Fee Waiver Resolution
RECOMMENDATION
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Receive a presentation on the progress of Fire Rebuild Program; adopt a Resolution correcting clerical errors and inconsistencies in Part III: Part 10 of the County’s Fee Policy; and provide direction on the expiration of Disaster Recovery policies. (No Fiscal Impact, Discretionary)
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BACKGROUND
Napa County has experienced several devastating wildfires in recent years, including the 2017 Napa Fire Complex, 2018 Steel Fire, 2020 Hennessey Fire, and the 2020 Glass Fire. These events caused extensive property damage and displacement across many communities in the county. The following is a summary of the recent fires and related structural losses.
• 2017 Napa Fire Complex: Impacted Silverado Country Club, Atlas Peak, Soda Canyon, Redwood/Mt Veeder, Carneros, and Tubbs Lane Areas - 656 residential structures lost.
• 2018 Steel Fire: Berryessa Highlands - 8 residential structures lost.
• 2020 LNU Lightning Fire Complex (Hennessey) Fire: Affected Sage Canyon, Lake Berryessa (Spanish Flat/Highlands, Berryessa Knoxville, Wragg Canyon/Hwy 128) - 332 residential structures lost.
• 2020 Glass Fire: Impacted East St. Helena, Deer Park, Pope Valley - 334 residential structures lost.
In response, the Napa County Fire Rebuild Program was initiated to support recovery efforts and help residents and businesses rebuild. The Planning, Building, and Environmental Services (PBES) department considers itself second responders, initiating the rebuild program immediately after the fires were extinguished. The process begins with damage assessments by Building, Engineering, and Code Compliance staff. Once an inventory of damaged structures was compiled, cleanup phases commenced in coordination with the Environmental Health Division, Cal OES, and FEMA. Phase 1 involved toxic cleanup, and Phase 2 involved debris and ash removal, typically taking six months to a year, depending on the event's scale. During this time, PBES staff assisted fire victims by issuing permits for restoring electrical systems and providing temporary housing. Once cleanup is complete, property owners can begin rebuilding.
In addition to the above recovery efforts, staff established a Watershed Protection Program to provide an avenue for property owner who have concerns or questions regarding potential hazards resulting from the fires (i.e. flooding, debris flows, landslides, and erosion) to raise them with the County by calling the Watershed Hazards hotline. The hotline is a way for Napa County staff to provide property owners with available technical resources for assessing and mitigating hazards, or managing lands after the fire. Staff also provide locations and vendors for erosion and sediment control supplies.
From a policy perspective, the Board of Supervisors adopted disaster relief policies to streamline the rebuilding and recovery process and provide financial relief to those rebuilding. Specifically, Napa County Code Chapter 8.80 - Disaster Recovery established procedures to facilitate and expedite the process of rebuilding, repairing or replacing structures and vineyards that were damaged or lost due to the fires. In addition, the Board amended Napa County Policy Manual Part 10 - General Provisions (Fee Reduction) and Part I: Section12B (Framework).
The following are key features of the Disaster Relief policies:
• Expedited Review Times: Prioritized fire rebuilds with a 7-day turnaround for the first review of plans;
• Reduced Permit Fees: 30% off plan check fees and 50% off building inspection fees;
• Temporary Housing: Allowed temporary trailers/RVs for short-term housing during the rebuild;
• Like for Like replacement. If the proposed rebuild was located within the same footprint current requirements for roads and street, septic and wells would not be required;
• Streamline processing of rebuilds relating to the Viewshed Protection Program;
• Replanting of approved fire-damaged vineyards without the requirements of a Track II application.
Status of the Issuance of Rebuilding Permits
As of the latest update, 2,340 rebuilding permits have been issued to homeowners and businesses affected by the fires, covering a range of construction activities from homes to commercial properties. Of the residential rebuild applications received, 92% have been issued, and 65% have completed construction and received final approval for occupancy.
Residential Rebuild Snapshot (Past 8 Months):
• Total applications increased from 462 to 470 (25 prior applications were withdrawn or expired);
• Building permits issued increased from 406 to 430;
• Homes completed increased from 276 to 304;
• Median time for initial comments increased from 16 to 17 days: average from 20 to 21 days;
• Median time to issue permits increased from 91 to 100 days: average from 154 to 167 days; and
• Median time from application to final occupancy increased from 548 to 571 days: average from 585 to 619 days.
Overall Breakdown by Supervisorial District and Fire Event (please see attached)
The total construction valuation of all residential permits increased by $432 million, approximately 28% of the $1.55 billion in total market value estimated by the Assessor to have been lost in the 2017, 2018, and 2020 fires. Total fees for all residential fire-related permits since 2017 increased to $8.6 million, with fee waivers amounting to $2.0 million, or 23% of all potential fees.
As of June 2024, 32% of residential structures lost have a building permit to rebuild, and 23% have received final approval.
Factors Influencing the Rebuild Process
Cost of Construction:
• Supply Chain Disruption: Shortages of materials and skilled labor, exacerbated by the pandemic, have slowed rebuilding efforts; and
• Inflation: Rising costs of materials and labor, along with high-interest rates, have caused delays.
Insurance:
• Many properties were underinsured, leading to funding shortfalls for rebuilding;
• Ongoing disputes with insurance companies have further delayed progress; and
• Difficulties in obtaining or affording insurance post-rebuild have impacted decisions to rebuild.
Rebuilding in High Fire Danger Areas:
• Some property owners have opted to sell and move rather than rebuild.
Ongoing Process Improvements Efforts
The process of rebuilding after a wildfire was met with numerous challenges. PBES staff was overwhelmed as were consultants, architects, engineers, and design professionals as residents were looking to rebuild. The COVID 19 Pandemic further stressed the system. Nonetheless, the Fire Rebuild Program was in large part successful considering those challenges along with those presented by market, labor and material conditions. In an effort to improve the program for future events, staff intends to implement the following initiatives.
Property Owner Contacts
Owner Contact Collection: Develop mechanisms to better gather property owners' relocation information after the event. A strong initial push to gather information through public media, text alerts and in personal interactions. An up-to-date contact list is critical to the get the word out regarding the County rebuild program. Keeping in touch with fire victims is critical. Improved property owner contact information during cleanup helps create a better public outreach list to assist with rebuilding. Effective communication and coordination among stakeholders are crucial for expediting recovery.
Resilience Planning
Market the Building Resilient Infrastructure and Communities (BRIC) Grant and Other Fire Hardening Resources: Market these programs in vulnerable areas of the County. Fire-hardened homes not only save structures but also reduces the fire's financial impact on the County and its residents. Train staff to promote and provide education regarding available funds and what property owners can do to improve the odds of their home not burning in the next fire.
Expedited Bridge Replacement: During the fire several private bridges were damage or destroyed. These bridges are critical to providing access to properties and should have a quick expedited process for restoration. PBES will train staff on vehicle bridge code requirements and create an in-house review process for emergency bridge replacement working with local specialized bridge contractors.
Review Fire Rebuilds In-House
In-house reviews can streamline the process and improve efficiency and clarity.
In the future having a dedicated staff to review fire rebuilds would further streamline the process. Fire rebuilds can be a complicated process balancing current code requirements with replacements of a dwelling. Staff would often have to troubleshoot issues identified during the review process. Several issue with septic, water, geotechnical, cost/value engineering, roads and streets would come up which would require additional assistance by staff. Having a team that only reviews fire rebuilds and is aware of the many issues will result in a more consistent and informative process.
In conclusion, the Napa County Fire Rebuild Program has made significant strides in assisting residents and businesses affected by the devastating fires. Despite challenges, progress continues in streamlining processes, enhancing support mechanisms, and fostering community resilience.
Fee Waivers and Expiration of Disaster Recovery Policies
Fee Waivers: In preparing this report, staff identified a discrepancy in the County’s Fee Policy, Part 10 - General Provisions relating to the waiver of certain building fees for disaster victims. On August 14, 2018, the Board of Supervisors adopted Resolution 2018-109, which amended the Fee Policy to expand the waiver to victims of any declared disaster, rather than just victims of the 2017 Napa Fire Complex. However, this change was not incorporated into the Policy Manual and a subsequent, unrelated amendment did not incorporate those changes. Because of this error, the Fee Policy does not reflect the Board of Supervisors’ prior action. Staff recommends adoption of the attached Resolution and Policy amendment correcting this clerical error to provide clear guidance to staff and the public regarding the scope and extent of the fee waiver for disaster recovery. Specifically, applying the reduced fees for all building permits submitted after the Board of Supervisors has declared a local emergency to replace or repair structures damaged in a disaster, and providing an expiration of the fee reduction five (5) years from the date of the declaration by the Board of Supervisors of a local emergency for each specific disaster.
Expiration of Disaster Recovery Policies: Napa County Code Chapter 8.80 - Disaster Recovery is set to expire on December 31, 2024. Staff recommends the Board amend the sunset provision to expire five years after the declaration of local emergency, which would extend the expiration date to October 1, 2025 (five years after Resolution 2020-123), consistent with the fee reduction policy as described above. In addition to bringing consistency to the policies, this will allow recovery efforts additional time to benefit from the disaster recovery policies.
Public Outreach: To ensure the community is aware and informed of the recommended changes to the County’s Fee Policy relating to the reduces fees for building permits following a local emergency, PBES staff will engage with the public to provide clear and concise messaging through the County’s website, PIO office and word of mouth to our customers, stakeholders, and interested parties.
Requested Actions:
1. Receive a presentation on the progress of Fire Rebuild Program;
2. Adopt a Resolution correcting clerical errors and inconsistencies in Part III: Part 10 of the County’s Fee Policy; and
3. Provide direction on the expiration of Disaster Recovery policies.
Procedural Requirements:
1. Staff reports.
2. Public comments.
3. Motion, second, discussion and vote on the item.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.