Napa County Municipal Code Ch. 8.80 Disaster Recovery

Footnotes:

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Editor's note— Retitled from "2017 Napa Fire Complex Disaster Recovery" by Exh. A, § 1 of Ord. No. 1434, adopted Aug. 14, 2018.

The purpose and intent of this chapter is to establish procedures to facilitate expediency in the process of rebuilding, repairing or replacing structures and vineyards that are damaged or lost as a result of a declared local emergency caused by a natural disaster. Notwithstanding any other provisions that may conflict, this section shall control with respect to redevelopment or repair of structures and properties that incurred damage during a natural disaster for which a state of local emergency is declared pursuant to the Emergency Services Act, starting at Government Code section 8550.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1434, Exh. A, § 2, 8-14-2018; Ord. No. 1461, § 3(Exh. A, § 1), 9-15-2020; Ord. No. 1463, § 3(Exh. A, § ), 11-10-2020; Ord. No. 1503, § 1, 2-4-2025)

For purposes of this chapter, the following definitions shall apply:

"Burn area" means the land burned over by wildland fire.

"Department" means the planning, building and environmental services department.

"Designated public roads" shall mean those roads identified in Napa County General Plan Community Character Element Figure CC-3.

"Director" means the director of the planning, building and environmental services department or the director's designee.

"Fire" or "Fire disaster" means a local emergency caused by a wildfire, including the 2017 Napa Fire Complex, the 2018 Steele Fire, the 2020 LNU Lightning Complex Fire or the 2020 Glass Fire, as well as any natural occurrences related to or caused by a fire.

"Damaged property" means land within the area impacted by a natural disaster or condition that gives rise to a local emergency, including the burn areas of the 2017 Napa Fire Complex, the 2018 Steele Fire, the 2020 LNU Lightning Complex Fire, or the 2020 Glass Fire, that was physically destroyed or directly damaged by the natural disaster or condition, or property on which a structure was declared by the director to be unsafe to use or occupy, as a result of a natural disaster or condition that gives rise to a local emergency.

"Damaged structure" means a structure that was declared by the director to be unsafe to use or occupy, as a result of a natural disaster or condition that gives rise to a local emergency.

"Damaged vineyard" means only that area of a vineyard land or the individual vines that were either destroyed or directly damaged as a result of a natural disaster or condition that gives rise to a local emergency.

"Local emergency" shall have the same definition as contained in Government Code section 8558(c)(1).

"Major ridgeline" or "minor ridgeline" shall have the same definition as contained in Section 18.106.020 (Definitions).

"Natural disaster" means a natural event, such as an earthquake, flood, wildfire, landslide, or similar event, that causes, or threatens to cause, harm, damage, or destruction to persons or property.

"Substantial views" shall have the same definition as contained in Section 18.106.020 (Definitions).

"Unique topographic or geologic features" shall mean the following landforms: Mt. St. Helena, Stag's Leap, Calistoga Palisades, Round Hill, Mt. George and Mt. St. John.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1434, Exh. A, § 3, 8-14-2018; Ord. No. 1441, § 1, 6-11-2019; Ord. No. 1461, § 3(Exh. A, § 2), 9-15-2020; Ord. No. 1463, § 3(Exh. A, § 2), 11-10-2020; Ord. No. 1503, § 2, 2-4-2025)

This chapter shall be administered under the direction of the board of supervisors, by and through the director of the department.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017)

Except where so stated in this chapter, this ordinance shall apply to land within the scope of a natural disaster or condition that gave rise to a local emergency, such as land within the burn area for each fire disaster and to each parcel existing as of the date of the applicable local emergency, on which one or more buildings were destroyed, or for which the director declared one or more structures to be unsafe to use or occupy, as a result of the natural disaster or condition that gave rise to a local emergency.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1441, § 2, 6-11-2019; Ord. No. 1463, § 3(Exh. A, § 4), 11-10-2020; Ord. No. 1503, § 3, 2-4-2025)

The provisions in this chapter shall be effective within five years from the date of the declaration by the board of supervisors of a local emergency for each specific disaster or emergency, unless otherwise specified herein. For the 2017 Napa Fire Complex, the 2018 Steele Fire, the 2020 LNU Lightning Complex Fire, and the 2020 Glass Fire, the provisions of this chapter shall be effective until October 1, 2025.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1441, § 3, 6-11-2019; Ord. No. 1461, § 3(Exh. A, § 3), 9-15-2020; Ord. No. 1503, § 4, 2-4-2025)

A. Except as provided herein, the development regulations, permitted uses and conditionally permitted uses for any damaged property shall be the development regulations, permitted uses and conditionally permitted uses of the zoning district in which the property is located.

B. The requirement for a twenty-eight-foot road setback from the centerline of private roads, as specified in Section 18.112.100 (Private roads), shall be waived for any damaged property.

C. Single-family residences located in the RS, RM, RC or PD zoning districts shall not be subject to compliance with subsection (A)(1) of Section 18.110.050, provided that the paved surface to be utilized for off-street parking for the residence is no greater than forty percent of the total surface area of the minimum required front yard and does not encroach into a corner side yard.

D. Site plan approval shall not be required for residential and residential accessory structures on damaged properties but instead shall be integrated into the building permit process. The requirements of Section 18.140.030 (Processing application—Conditions of approval) shall not apply to building permits for any single-family dwelling unit, guest cottage, accessory dwelling unit or accessory residential structure, nor for any agricultural use of land or buildings as defined in Section 18.08.040 (Agriculture).

E. Prior to determining that a project meets the criteria contained in this chapter, the department may require the submittal of additional information including, but not limited to, a photo or computer simulation of the project and associated improvements or documentation of the location and size of structures existing prior to the local emergency.

F. If there is insufficient area on a damaged property to locate a mobile home or recreational vehicle while clean-up and rebuilding occurs, one may be placed temporarily at an off-site commercial zoned property, subject to compliance with all of the provisions in Napa County Policy Manual Section 12B (Temporary Housing).

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1463, § 3(Exh. A, § 3), 11-10-2020; Ord. No. 1503, § 5, 2-4-2025)

A. Applicability of Viewshed Protection manual. Each replacement, expanded or new structure, or any replacement, improved or new roadway on damaged properties shall be subject to review for compliance with applicable provisions of the Design Manual, as that document is referenced and defined in Section 18.106.020 (Definitions.), if the portion of the property on which the structure or roadway is proposed is:

1. Located on a major or minor ridgeline; or

2. Located on a slope of fifteen or more percent. For purposes of this section, the slope in an area of disturbance shall be calculated using the slope determination methodology described in Section 18.108.060, for any proposed building or road site.

B. Relationship to Previously Approved use Permits and Small Lot Subdivisions. All structures and small lot subdivisions meeting the requirements of subsection (D) of Section 18.106.030 (General provisions.) are exempt from the requirements of this chapter.

C. Relationship to Prior Approvals Pursuant to Chapter 18.106. All residential structures or accessory structures for which approval was granted pursuant to Chapter 18.106 (Viewshed Protection program.), and were subsequently damaged, destroyed or deemed unsafe to occupy as a result of a local emergency, may be rebuilt in accordance with the prior approval and are exempt from this chapter. Requests for modifications to plans that were previously granted approval pursuant to Chapter 18.106 shall be subject to review by the director in accordance with this chapter.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1441, § 4, 6-11-2019; Ord. No. 1503, § 6, 2-4-2025)

A. General Provisions. Applications for a building permit or grading permit subject to this chapter shall be submitted to the department for review by the director.

B. Administrative Criteria. A project shall be certified and cleared for further processing pursuant to Title 15 (Buildings and Construction) if the department determines that a project meets all of the following conditions:

1. The project is an in-kind replacement of a damaged structure(s), meaning:

a. The replacement building foundation is the same size and dimension, and is in the same location,

b. The building square footage is the same,

c. The building height, width, depth, and roof slope are the same,

2. The project as designed meets the following standards in the Design Manual:

a. The project lighting, including site lighting, has been designed to avoid off-site visibility and glare,

b. The exterior color treatment of the structure will blend with the color of surrounding vegetation and landforms, and

c. Exterior windows and trim are non-reflective;

3. The exterior treatment of the building is designed to reduce its visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road;

4. Future structures, including roads, driveways, wastewater disposal systems, and necessary earthmoving to construct project improvements, will be located to avoid environmentally sensitive areas as defined by Section 18.08.270;

5. A detailed landscape plan has been prepared that incorporates the criteria set forth in the Design Manual for provision of defensible space and substantial screening of the structure or road; and

6. The project as designed is consistent with Chapter 18.108 (Conservation Regulations).

C. Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successors so as to maintain conformance with subsection (B) of this section.

D. Administrative review and approval or denial pursuant to this section shall be considered a ministerial final action and not subject to appeal pursuant to Chapter 2.88 (Appeals).

E. Projects that do not satisfy the administrative criteria and standards contained in this section shall be subject to review and approval under Sections 8.80.090, 8.80.100 or 8.80.110 of this chapter.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1503, § 7, 2-4-2025)

A. General Provisions. Applications for a building permit or grading permit which are not exempt from this chapter pursuant to subsection (B) or (C) of Section 8.80.070 or which do not meet the criteria in subsection (B) of Section 8.80.080 shall be submitted to the department for review. If the application meets the criteria specified in subsection (B) or (C) of this section, the department shall certify that the project complies with the applicable provisions of this chapter and the project shall be cleared for continued processing pursuant to Title 15 (Buildings and Construction).

B. Visibility Determination. If the department determines that the road or structure would not be visible from any of the designated public roads, because of the relationship of the road or structure to surrounding topography or existing vegetation, then the project shall be cleared for further processing.

C. Administrative Criteria. A project shall be certified and cleared for further processing if the department determines that a project meets all of the following conditions:

1. The highest point of the proposed structure is located more than twenty-five vertical feet below a major or minor ridgeline;

2. The project as designed and sited meets all of the following standards:

a. The height of the building is twenty-four or fewer feet as measured from finished grade along fifty percent or more of the longest wall as viewed from any designated public road,

b. The improvement(s), including any required earthmoving or grading associated with the structure or roadway, shall avoid removal of existing vegetation with emphasis on preserving mature trees. If the improvements require the removal of any tree with a diameter of six or more inches at breast height, the application shall include a detailed landscaping plan specifying the location and replacement of trees and vegetation in a manner that screens the improvements from substantial views from designated public roads and provides for defensible space in conformance with state law,

c. The project site is located within a conifer forest, hardwood forest or hardwood woodland area mapped by the State of California, and a significant portion of naturally vegetated lands on-site has been retained to provide opportunity for natural screening of the development from substantial views from designated public roads,

d. Landscaping will be installed and designed to screen the project from substantial views from designated public roads,

e. The project lighting, including site lighting, has been designed to avoid off-site visibility and glare,

f. The exterior color treatment of the structure will blend with the color of surrounding vegetation and landforms,

g. Exterior windows and trim are non-reflective, and

h. Roof angles and composition are designed to conform to existing landforms and landscape;

3. The project as sited and designed reduces its visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road;

4. The project requires fewer than two thousand cubic yards of earthwork if the average slope of the area of disturbance is less than ten percent or one thousand cubic yards if the average slope is ten percent or greater, and the overall limits of grading do not extend beyond one and one-half acres of land;

5. Future structures, including roads, driveways, wastewater disposal systems, and necessary earthmoving to construct project improvements will be located to avoid environmentally sensitive areas as defined by Section 18.08.270 of the code; and

6. The project as designed is consistent with Chapter 18.108 (Conservation Regulations).

D. Prior to the issuance of a building permit for any project authorized under subsection (B) or (C) of this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successors so as to maintain conformance with either subsection (B) or (C) of this section.

E. Administrative review and approval or denial pursuant to this section shall be considered a ministerial final action and not subject to appeal pursuant to Chapter 2.88 (Appeals).

F. Projects that do not satisfy the administrative criteria and standards contained above shall be subject to review and approval under Sections 8.80.100 or 8.80.110 of this chapter.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1503, § 8, 2-4-2025)

A. If a project is exempt from this chapter under subsection (B) or (C) of Section 8.80.070 or if it does not meet the administrative criteria in subsection (B) of Section 8.80.080 or Section 8.80.090 of this chapter, the project shall not be cleared for further processing unless the zoning administrator can make the following findings:

1. If the highest point of the proposed project is located more than twenty-five vertical feet below a major or minor ridgeline, measures have been included in the project to reduce its visual impact on the major or minor ridgeline through use of existing natural vegetation, landscaping, topographical siting, architectural design, and color tone;

2. If the highest point of the proposed structure is within twenty-five vertical feet of a major or minor ridgeline, existing vegetation, proposed landscaping, topographical siting, architectural design, and color tone screen the predominant portion of the proposed structure;

3. The proposed structure, access roads and other site improvements are sited and designed to minimize adverse effects on views from designated public roads;

4. The proposed structure, access road and other site improvements, including earthmoving or grading, and benches or shelves minimize the removal of vegetation;

5. The siting and design of site improvements and access roads minimize grading and alteration of natural landforms and topography;

6. A landscape and/or vegetation retention plan in conformance with the Design Manual has been submitted for the site that would provide maximum screening from designated public roads through preservation of existing vegetation and the planting of new vegetation and provide for defensible space in conformance with state law;

7. The proposed structure and associated improvements substantially conform with the Design Manual in order to reduce their visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road; and

8. The project as designed or modified is consistent with the requirements of Chapter 18.108 (Conservation Regulations).

B. Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with subsection (A) of this section.

C. The decision of the zoning administrator shall be final unless an appeal has been filed by the applicant or any interested person pursuant to Chapter 2.88 (Appeals).

D. If one or more of the findings in subsection (A) of this section cannot be made, the application shall be forwarded to the planning commission for processing in accordance with Chapter 18.106 (Viewshed Protection Program) and for a possible exception pursuant to Section 18.106.070 (Exceptions).

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1503, § 11, 2-4-2025)

Applications for a building permit or grading permit which are not exempt from this chapter pursuant to subsection (B) or (C) of Section 8.80.070 or which do not meet the criteria in subsection (B) of Section 8.80.080, 8.80.090 or in subsection (A) of Section 8.80.100 shall be reviewed by the planning commission. Upon application by the property owner, an exception shall be processed pursuant to Section 18.106.070 (Exceptions).

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1503, § 10, 2-4-2025)

Notice shall be given by the department in the manner set forth in subsection (B) of Section 18.106.060.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1503, § 11, 2-4-2025)

A. Unless otherwise exempt under County Code Section 18.108.050 (V), Chapter 18.108 (Conservation Regulations) shall apply to a damaged property, except that the zoning administrator shall be authorized to hear and decide requests for exceptions to the conservation regulations in the form of a use permit pursuant to Section 18.108.040 (Exceptions).

B. For purposes of calculating Vegetation Retention Requirements contained in subsection (C) of County Code Section 18.108.020 (Vegetation Retention Requirements.) for earthmoving activity as defined in Section 18.108.030 (Definitions.) occurring on damaged property in the Agricultural Watershed zoning district and outside of a sensitive domestic water supply drainage as defined in Section 18.108.030 (Definitions.), the vegetation canopy cover shall be as configured on the parcel existing on June 19, 2018.

C. Except as provided herein, Chapter 18.108 (Conservation Regulations) shall apply to damaged vineyards.

D. Damaged vineyards with an existing approved erosion control plan may replant the vineyard in accordance with the previously approved erosion control plan without the requirement of a Track II application.

E. Damaged vineyards that have been legally established without an erosion control plan may replant the vineyard without the requirement of a Track II application provided that there is no expansion of the vineyard footprint, there is no change in vineyard row direction, and no new subsurface drainage is installed unless necessary to correct an existing erosion or water quality problem.

F. Damaged vineyards involving replants under one acre and under five percent are allowed without a Track II application.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1441, § 5, 6-11-2019; Ord. No. 1463, § 3(Exh. A, § 5), 11-10-2020; Ord. No. 1503, § 12, 2-4-2025)

A. Except as provided herein, Chapter 18.132 (Legal Nonconformities) shall apply to damaged properties.

B. A damaged structure that was a legal nonconformity prior to the local emergency may be relocated if the director determines that such relocation would enhance opportunities for use of renewable energy sources, decrease the area of impervious surfaces on the property, would improve fire access and/or defensibility, or would reduce the extent of nonconformity with the minimum setbacks from utilities contained in Section 13.28.040 (Clearance from other facilities) or streams or wetlands contained in Chapter 18.108 (Conservation regulations).

C. "Voluntary abandonment" for damaged properties shall mean cessation of the use or portion thereof for six consecutive months or twelve nonconsecutive months in any two-year period or, if the use is seasonal, for more than one season. However, if the cessation is caused by the destruction in whole or in part of conforming or legal nonconforming facilities or structures that are essential to continuation of the use, and that destruction was caused by the local emergency, then the use shall be deemed voluntarily abandoned unless the use is recommenced consistent with the following timelines:

1. If a building permit is not required for the damaged structure, the use must be recommenced before December 31 of the second full calendar year following the declaration of a local emergency by the board of supervisors.

2. If a building permit is required for the damaged structure and the building permit is issued before December 31 of the fourth full calendar year after the declaration of local emergency by the board of supervisors, the use must be recommenced within two years after final inspection. Upon a showing of good cause, the director may extend the timelines within which a building permit must be obtained or a final inspection conducted.

D. The provisions for waiver of hearing, and waiver of notice and hearing in subsections (C)(1) and (2), respectively, of Section 18.132.050 (Certificate of present extent of legal nonconformity - Application - Procedure) shall apply to both residential and non-residential damaged properties.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1434, Exh. A, § 4, 8-14-2018; Ord. No. 1441, § 6, 6-11-2019; Ord. No. 1461, § 3(Exh. A, § 4), 9-15-2020; Ord. No. 1463, § 3(Exh. A, § 6), 11-10-2020; Ord. No. 1503, § 13, 2-4-2025)

In recognition of the limitation of resources for rebuilding in the wake of a local emergency, any discretionary zoning permit located within a fire-damaged property perimeter and approved after January 1, 2016, and within one year of the declaration of local emergency by the board of supervisors, shall, without further action by any county officer or body, expire and become void three years after the date the approving officer or body approved the use permit or, if any appeal is taken to the board of supervisors, three years after the date the decision of the board on appeal becomes final. However, if a shorter or longer time period is included in the conditions of approval of the use permit, that time period shall control.

(Ord. No. 1424, § 3(Exh. A), 11-21-2017; Ord. No. 1461, § 3(Exh. A, § 5), 9-15-2020; Ord. No. 1503, § 14, 2-4-2025)

In recognition of the limitation of resources for rebuilding in the wake of a local emergency, building permits issued to rebuild residential structures damaged or destroyed by the local emergency shall, without further action by any county officer or body, expire and become void if the building or work authorized by the permit is not commenced within three years of the date the permit is issued. If any such work is commenced within three years of the issuance of the permit, expiration of the permit shall be determined in accordance with Section 15.04.070, except as modified hereby.

(Ord. No. 1461, § 3(Exh. A, § 6), 9-15-2020; Ord. No. 1503, § 15, 2-4-2025)

A. Except as provided herein, Chapter 18.124 (Use Permits.) shall apply to damaged properties.

B. Previously established conditionally approved uses on damaged properties may be relocated and processed as an Administrative Permit, if the director determines all of the following that:

1. Any relocated structures do not exceed an aggregate total of ten thousand square feet;

2. There is no cumulative increase in paved or impervious ground surface area;

3. The relocated uses are located in a previously disturbed area, within the approved winery development area;

4. The relocated use complies with all applicable County regulations and does not require any exceptions and/or variances and/or viewshed application;

5. The relocated use complies with all mitigation measures previously imposed (if any) and does not result in any new potential environmental impacts under CEQA;

6. The relocated uses would result in no intensification of the previously approved use; and

7. The relocated uses would provide greater fire safety than the previously established use, through improved access, better defensibility, or other fire prevention measures.

C. Previously established conditionally approved uses on damaged properties may be relocated and processed as a minor modification, if the zoning administrator determines all of the following that:

1. Any relocated structures do not exceed an aggregate total of the use's previously established square footage;

2. The relocated use complies with all applicable county regulations and does not require any exceptions and/or variances from County Code;

3. The relocated use complies with all mitigation measures previously imposed (if any) and does not result in any new potential environmental impacts under CEQA;

4. The relocated use would result in no intensification of the previously approved use; and

5. The relocated use would provide greater fire safety than the previously established use, through improved access, better defensibility, or other fire prevention measures.

(Ord. No. 1463, § 3(Exh. A, § 7), 11-10-2020; Ord. No. 1503, § 16, 2-4-2025)

A. Authority. This urgency ordinance is adopted pursuant to Government Code Section 25123(d), the states of emergency declared by the Governor and the Napa County Executive Officer, and the local health emergencies declared by the Napa County Health Officer.

B. Emergency Findings. The board of supervisors hereby finds, determines and declares that this ordinance is necessary for the immediate preservation of the public peace, health, or safety, based upon the following facts:

1. Conditions of extreme peril to the safety or persons and property within Napa County were caused by multiple fires sparked by lightning on August 17, 2020, collectively referred to as the 2020 LNU Lightning Complex Fire.

2. On August 18, 2020, the governor proclaimed a state of emergency to exist in California due to fires burning statewide.

3. On August 19, 2020, the county executive officer of Napa County proclaimed the existence of a local emergency within Napa County due to the 2020 LNU Lightning Complex Fire.

4. On August 19, 2020, the Napa County Health Officer proclaimed the existence of a local health emergency within Napa County due to an imminent and proximate threat to public health posed by the 2020 LNU Lightning Complex Fire.

5. On August 20, 2020, the Napa County Board of Supervisors ratified the local health emergency declared by the Napa County Health Officer and the state of local emergency declared by the Napa County Executive Officer, pursuant to Resolution No. 2020-112.

6. On September 27, 2020, another wildfire broke out in Napa County, known as the Glass Fire, which spread rapidly and created conditions of extreme peril to the safety or persons and property within Napa County.

7. On September 27, 2020, the county executive officer of Napa County proclaimed the existence of a local emergency within Napa County due to the Glass Fire.

8. On September 28, 2020, the Napa County Health Officer proclaimed the existence of a local health emergency within Napa County due to an imminent and proximate threat to public health posed by the Glass Fire.

9. On September 28, 2020, the governor proclaimed a state of emergency to exist in Napa and Sonoma Counties due to the Glass Fire.

10. On October 1, 2020, the Napa County Board of Supervisors ratified the local health emergency declared by the Napa County Health Officer and the state of local emergency declared by the Napa County Executive Officer, pursuant to Resolution No. 2020-123.

11. A large number of residential, commercial, and other structures have burned in the 2020 LNU Lightning Complex Fire and the Glass Fire.

12. The potential for widespread toxic exposures and threats to public health and the environment exists in the aftermath of major wildfire disasters. Debris and ash from structure fires can contain hazardous substances, and the health effects of hazardous substances releases after a wildfire are well-documented.

13. The combustion of building materials such as siding, roofing tiles, and insulation can result in dangerous ash that contains asbestos, heavy metals, and other hazardous materials. Household hazardous waste such as paint, gasoline, cleaning products, pesticides, compressed gas cylinders, and chemicals may have been stored in homes, garages, or sheds that may have also burned in the fire, also producing hazardous materials.

14. Exposure to hazardous substances may lead to acute and chronic health effects, and may potentially cause long-term public health and environmental impacts. Uncontrolled hazardous materials and debris pose significant threats to public health through inhalation of dust particles and contamination of drinking water supplies. Improper handling can expose workers to toxic materials, and improper transport and disposal of fire debris can spread hazardous substances throughout the community.

15. Standards and removal procedures are needed immediately to protect the environment and public health, and to facilitate coordinated and effective mitigation of the risks to the environment and public health from the health hazards generated in the 2020 LNU Lightning Complex Fire and the Glass Fire.

16. It is essential that this section become immediately effective in order to mitigate the harm that could be caused to the public health and safety and to the environment from improper disturbance, removal or disposal of debris containing hazardous materials, and to facilitate the orderly response to the 2020 LNU Lightning Complex Fire and the Glass Fire.

C. Removal of Fire Damaged Debris from Private Property.

1. Definitions.

(a) "Alternative program" means the requirements for inspections and clean up established by the director for property owners who opt out of, or are ineligible for, the OES Program.

(b) "Board" means the board of supervisors of Napa County.

(c) "Director" means the Napa County Director of Planning, Building and Environmental Services or their designee.

(d) "OES Program" means the fire damage debris clearance program operated by the California Office of Emergency Services, as may be approved for the 2020 LNU Lightning Complex Fire and the Glass Fire, in conjunction with other state and federal agencies.

(e) "Private action" means the removal of fire debris from private property damaged by the 2020 LNU Lightning Complex Fire or the Glass Fire, by persons not eligible for, or opting out of, the OES Program.

(f) "Removal of fire debris" means all cleanup of fire debris resulting from the 2020 LNU Lightning Complex Fire and the Glass Fire, including removal, transport and disposal of fire debris, but it does not include the removal of personal property that is not fire debris from residential sites.

(g) "Right of entry permit" means the debris removal right-of-entry permit approved by the California Office of Emergency Services for use in the cleanup of fire debris from private property.

2. Term of this section. The ordinance from which this section derives shall take effect immediately upon adoption and shall remain in effect until the cleanup of all fire debris on all fire-damaged properties from the 2020 LNU Lightning Complex Fire and the Glass Fire, or the completion of all enforcement matters related to this section, if any, whichever occurs later.

3. Prohibition on Removal of Fire Debris from Private Property. Removal of fire debris from private property is prohibited without a hazardous materials inspection conducted by the California Department of Toxic Substances Control through the OES Program, or an equivalent inspection approved by the Director through the Alternative Program.

4. Removal of Fire Debris through the OES Program.

(a) The right of entry permit shall function as the sole permit and authorization for participation in the OES Program.

(b) Notwithstanding any contrary provision in the Napa County Code, no county approvals or permits for fire debris removal are required for properties participating in the OES Program, other than the right of entry permit.

5. Removal of Fire Debris through the Alternative Program.

(a) The county shall administratively adopt and administer the Alternative Program in the unincorporated areas of Napa County under the supervision of the county executive officer or their designee. The county shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the Alternative Program. Under the supervision of the county executive officer or their designee, the county may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community.

(b) For those property owners who are not eligible for the OES Program, or who opt out of the OES Program, private action to remove fire debris from fire-damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the director has been provided pursuant to the Alternative Program.

(c) The Alternative Program shall require an application that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the Alternative Program will be met. Work shall not begin until the county approves the application.

(d) The director shall prepare a form for property owners to submit, certifying the work has been completed in accordance with the approved plans and a final inspection conducted by county staff, in addition to any other documentation the Director determines is necessary. If the director determines the fire debris has been removed in compliance with the standards for the Alternative Program, the director shall provide a letter confirming successful of completion of debris and ash removal to the property owner. A building permit shall not be issued for a property until the letter has been issued to the property owner.

(e) Incorporated cities or towns within Napa County may administer their own alternative programs for fire-damaged properties within their jurisdictional boundaries, provided their programs comply with federal and state standards.

6. Hold on Building Permits. Any building permit previously issued by Napa County for a structure or other infrastructure that has been damaged by the 2020 LNU Lightning Complex Fire or the Glass Fire shall be held in abeyance and not acted upon until fire debris cleanup is completed on the affected property, either through the OES Program or the Alternative Program. If fire debris cleanup was performed under the Alternative Program, the property owner must also receive a letter from the director under section 5(d) confirming successful completion of debris and ash removal before doing any further work under a previously-issued building permit.

7. Deadlines.

(a) The director may establish deadlines for filing an acceptable right of entry permit in the OES Program or an acceptable application for the Alternative Program by posting notice of such deadlines at the County Administration Building and on the county website. The director may modify these deadlines as necessary, or in individual cases based on extenuating circumstances.

(b) Properties with fire debris from the 2020 LNU Lightning Complex Fire or the Glass Fire that have neither an approved Right of Entry permit for the OES Program nor an approved application for the Alternative Program by the deadlines established by the director are hereby declared a nuisance and health hazard, and are be subject to abatement.

(c) The director may establish deadlines for the completion of work in the Alternative Program by posting notice of such deadlines at the County Administration Building and on the county website. The director may modify these deadlines as necessary, or in individual cases based on extenuating circumstances.

(d) Properties with fire debris from the 2020 LNU Lightning Complex Fire or the Glass Fire in the Alternative Program that are not complete by the deadlines established by the director are hereby declared a nuisance and health hazard, and are be subject to abatement.

(e) The board's intent is to facilitate orderly remediation of large scale disasters. Nothing in the deadlines established by the director shall limit the authority of the county to abate hazards more quickly when require by exigent circumstances. Nothing in this section or in these deadlines limits the authority of the county health officer to require preventative measures as defined in California Health and Safety Code section 101040.

8. Enforcement and Abatement.

(a) General Enforcement Action. If the director determines that an activity is being performed in violation of this section, the director may initiate an enforcement action under the Napa County Code and may seek the imposition of costs and civil penalties. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health & Safety Code section 101040. Violation of this ordinance shall be an infraction, and a knowing violation may be prosecuted as either an infraction or a misdemeanor.

(b) Summary Abatement. Pursuant to the authority of Section 7 of Article XI of the California Constitution, California Health & Safety Code Section 101040, and California Government Code Section 25845, if the director determines that a violation of this section constitutes an immediate threat to public health and safety, the county may summarily abate the condition within the unincorporated territory of the County of Napa in accordance with Chapter 1.20 of the Napa County Code. The costs shall be charged to the property owner(s) and the county may, at its option, recover the same in an administrative or civil action. Such charges shall be in addition to any penalty for a violation of this section.

(c) Judicial Enforcement Action. County counsel is authorized to initiate judicial enforcement as to a violation of any provision of this section without further board approval.

(d) Remedies not exclusive. The remedies identified in this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this section are cumulative and not exclusive.

(Ord. No. 1462, §§ 1—3, 11-10-2020)