To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick (707) 565-1925, Azine Spalding (707) 565-2541
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
1:50 P.M. - Extension of Fire Recovery Provisions in Sonoma County Code Chapters 40, 40A, 40C, and 40D
End
Recommended Action:
Recommended action
A) Hold a public hearing, consider the Planning Commission’s recommendation regarding proposed amendments to Chapters 40 (Sonoma Complex Fire Disaster Recovery), 40A (Kincade Fire Disaster Recovery), 40C (LNU Lightning Complex Disaster Recovery), and 40D (Glass Incident Disaster Recovery), reject the portion of the Planning Commission’s recommendation to discontinue Chapter 40 and extend only Chapters 40A, 40C, and 40D and adopt an ordinance to extend the provisions of Chapters 40, 40A, 40C, and 40D for an additional two years until December 31, 2026.
B) Find the Ordinance exempt from the California Environmental Quality Act under CEQA Guidelines Sections 15301, 15302, 15303, 15304, and 15061(b)(3).
end
Executive Summary:
Following the October 2017 Sonoma Complex Fire, 2019 Kincade Fire, and 2020 LNU Lightning Complex Fire and Glass Fire, the Board of Supervisors adopted multiple urgency and long-term ordinances to assist recovery and rebuilding efforts. These ordinances are contained within Sonoma County Code Chapters 40, 40A, 40C, and 40D, respectively, of the Sonoma County Code and are set to expire on December 31, 2024, unless extended by the Board of Supervisors. Permit Sonoma recommends extending the terms of Chapters 40, 40A, 40C, and 40D, with minor, non-substantive edits, for an additional two years until December 31, 2026, as rebuilding efforts, which have been delayed due to high construction costs and the COVID-19 pandemic, remain ongoing.
At a public hearing on November 7, 2024, the Planning Commission recommended that only Chapters 40A (Kincade), 40C (LNU Lightning Complex), and 40D (Glass) be extended. The Planning Commission did not recommend the extension of Chapter 40 (Sonoma Complex). In the alternative, the Board of Supervisors may consider and accept the Planning Commission’s recommendation in full and, after holding a public hearing, may adopt the Ordinance as proposed by the Planning Commission, without an extension of Chapter 40.
Discussion:
The County has experienced four fire disaster events since 2017: the 2017 Sonoma Complex Fire, the 2019 Kincade Fire, the 2020 Lightning Complex Fire, and the 2020 Glass Fire. This item presents a recommendation to extend adopted streamlining and waiver provisions that aid recovery and rebuilding efforts.
During the October 2017 Sonoma Complex Fire, the Board of Supervisors adopted Resolution
17-0389 declaring a state of emergency and directing County staff to review and consider waivers to other regulations to further fire recovery and rebuilding. In the following weeks, the Board adopted multiple urgency ordinances to assist recovery.
• Ordinance No. 6210 on 10/24/2017
• Ordinance No. 6212 on 10/31/2017
• Ordinance No. 6213 on 11/07/2017
• Ordinance No. 6215 on 12/12/2017
Together, these ordinances formed a new Chapter 40 (Sonoma Complex Fire Disaster Recovery) within the Sonoma County Code, to remain in effect until December 31, 2019. On October 23, 2018, the Board adopted Ordinance 6248 amending Chapter 40 to prohibit the establishment of new vacation rentals within the Sonoma Complex Fires perimeter. On October 22, 2019, the Board adopted Ordinance 6289 extending Chapter 40 to December 31, 2022.
On November 05, 2019, the Board of Supervisors adopted urgency Ordinance No. 6290, creating the Kincade Fire Disaster Recovery Ordinance as Chapter 40A, to remain in effect until December 31, 2021.
On September 15, 2020, the Board of Supervisors adopted urgency Ordinance No. 6325, creating the LNU Lightning Complex Fires Disaster Recovery Ordinance as Chapter 40C, to remain in effect until December 31, 2022.
On November 17, 2020, the Board of Supervisors adopted urgency Ordinance No. 6329, creating the Glass Incident Disaster Recovery Ordinance as Chapter 40D, to remain in effect until December 31, 2022.
On December 14, 2021, the Board of Supervisors adopted urgency Ordinance No. 6362, extending the expiration of Chapter 40 (Sonoma Complex) and Chapter 40A (Kincade Fire) to December 31, 2022.
On December 13, 2022, the Board of Supervisors adopted Ordinance No. 6398, extending the expiration of Chapter 40 (Sonoma Complex), Chapter 40A (Kincade), Chapter 40C (LNU Lightning Complex), and Chapter 40D (Glass) an additional two years until December 31, 2024, and discontinued provisions prohibiting new short-term rentals within the burn areas.
Table 1. Fire Disaster Events and Rebuild Data
|
Sonoma County Code Chapter |
Event |
Parcels with Damaged or Destroyed Structures |
Parcels with Rebuild Activity |
Parcels with no Rebuild Activity |
% of Parcels with Rebuild Activity |
% of Parcels with Construction Complete |
|
Chapter 40 |
Sonoma Complex (2017) |
1,963 |
1,524 |
439 |
77.6% |
75.40% |
|
Chapter 40A |
Kincade (2019) |
176 |
74 |
102 |
42.0% |
52.70% |
|
Chapter 40C |
LNU Lightning Complex (2020) |
132 |
36 |
96 |
27.3% |
58.10% |
|
Chapter 40D |
Glass (2020) |
278 |
93 |
185 |
33.5% |
44.10% |
The recovery provisions of Chapters 40, 40A, 40C, and 40D apply to displaced persons who suffered a direct loss of their home in the fire events since 2017. Fire survivors who chose to rebuild experienced delays for several reasons: the shortage of contractors and materials stemming from other wildfire and rebuilding efforts across the state, outstanding insurance claims, high construction costs, seasonal weather delays, and the COVID-19 global health emergency. The COVID-19 pandemic spanned three years from 2020 to 2023 and impacted rebuild efforts via disruptions to the supply chain, reduced income from mass layoffs and hiring freezes, and increased economic uncertainty throughout the county. For these reasons, there is still a need for the disaster recovery provisions to remain in effect.
Secondary housing displacement has exacerbated the need for these disaster recovery provisions. While the initial displacement from the fires continues to be an important factor because of the delays in rebuilding, continued or secondary displacement has become an additional factor.
Proposal
The draft Ordinance proposes to extend the effective term of the provisions in Chapters 40, 40A, 40C, and 40D for an additional two years, to expire on December 31, 2026, to facilitate the rebuild effort. Minor, non-substantive amendments are proposed to the chapters to clean up formatting.
The Ordinance would extend recovery provisions that allow for: the use of recreational vehicles (RVs) as temporary emergency housing on specified residential lots, and in groupings in PF, M1, M2, and MP zoning districts; and the occupancy of RVs, tent camps, campgrounds, seasonal farmworker housing, transient rentals, and habitable accessory structures by displaced persons, subject to code standards. The proposed Ordinance would also extend recovery provisions that streamline design review for reconstruction; waive permitting fees for certain accessory dwelling units; and specify requirements for reconstructing legal non-conforming structures.
Planning Commission Review
On November 7, 2024, the Planning Commission held a public hearing and considered staff’s recommendation to extend the effective term of Chapters 40, 40A, 40C, and 40D an additional two years. The Planning Commission considered data on rebuild activity and ultimately voted to recommend to the Board of Supervisors that only Chapters 40A (Kincade), 40C (LNU Lightning Complex), and 40D (Glass) be extended. The Planning Commission did not recommend that Chapter 40, which provides recovery provisions for the 2017 Sonoma Complex Fire, be extended, citing property owners who intend to rebuild are likely to have already initiated the process given the time passed since the event, that extending the provisions of Chapter 40 is likely to mostly benefit new property owners, and that the extension would streamline construction of new homes that are likely to be used as short term rentals.
Staff Recommendation and Policy Options
Staff recommends extension of all fire recovery chapters including Chapter 40 (Sonoma Complex) for an additional two years until December 31, 2026, because of all parcels affected by the fires, those affected by the Sonoma Complex represent over 50% of all the parcels that have yet to rebuild. Attachment 1 provides a draft ordinance for staff recommendation.
Alternatively, the Board of Supervisors may accept the Planning Commission’s recommendation and only extend the terms of Chapters 40A (Kincade Fire Disaster Recovery), 40C (LNU Lightning Complex Disaster Recovery), and 40D (Glass Incident Disaster Recovery) for an additional two years until December 31, 2026. Attachment 3 provides a draft ordinance for the Planning Commission’s recommendation.
Environmental Review
The project has been analyzed under the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Staff has determined that the project is exempt under CEQA Guidelines § 15301, exempting the maintenance, operation and/or permitting of existing facilities; Guidelines § 15302, exempting projects involving replacement or reconstruction of existing structures on the same site and having substantially the same purpose and capacity as the structure replaced; Guidelines § 15303, exempting construction of limited numbers of new, small facilities or structures and the conversion of existing small structures from one use to another; Guidelines § 15305, exempting minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density; and CEQA Guidelines § 15061(b)(3), because it can be seen with certainty that there is no possibility that the action proposed may have a significant effect on the environment. This exemption applies equally to the version of the Ordinance recommended by staff and the version recommended by the Planning Commission.
Strategic Plan:
Not Applicable
Racial Equity:
Not Applicable
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
The Board adopted multiple urgency and longer-term ordinances to assist recovery from the Sonoma Complex Fire, Kincade Fire, LNU Lightning Complex Fire, and Glass Fire:
• Ordinance No. 6210 on 10/24/2017
• Ordinance No. 6212 on 10/31/2017
• Ordinance No. 6213 on 11/07/2017
• Ordinance No. 6215 on 12/12/2017
• Ordinance No. 6248 on 10/23/2018
• Ordinance No. 6289 on 10/22/2019
• Ordinance No. 6290 on 11/05/2019
• Ordinance No. 6325 on 09/15/2020
• Ordinance No. 6329 on 11/17/2020
• Ordinance No. 6362 on 12/14/2021
• Ordinance No. 6398 on 12/13/2022
Fiscal Summary
Not Applicable
Narrative Explanation of Fiscal Impacts:
Not Applicable
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
Attachment 1: ORD24-0008 Staff Recommended Draft Ordinance
Attachment 2: ORD24-0008 Redlined Chapters 40, 40A, 40C, and 40D
Attachment 3: ORD24-0008 Planning Commission Resolution with Attachment A. Planning Commission Recommended Draft Ordinance
Attachment 4: ORD24-0008 Staff PowerPoint
Related Items “On File” with the Clerk of the Board:
Not Applicable