HomeMy WebLinkAboutZCA 99-02_PLANNING 5
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SEPARATOR SHEET
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PROJECT NUMBER
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FILE#: ZCA 99-02 PROJECT TYPE: Zoning Code Amendment
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APPLICANT: Butte County Department of Development Service
ADDRESS: 7 County Center Drive,Oroville,CA 95965
OWNER:
ADDRESS:
REPRESENTATIVE:
ADDRESS:
PROJECT DESCRIPTION: Amendment to Butte County Code Section 24-300(TemporaryUses)-adding a provision to allow
temporary construction associated with public works and public utility projects
PROPERTY ZONED: Country wide LOCATED: County wide
AP#: County wide LTOWN/AREA: County wide
GENERAL PLAN DESIGNATION:
1. Application complete: October 8, 1998 Amount: S Receipt#:
2. Comments sent to:
3. Comments received from:
4. Rezone Petition Signatures Checked:
5. Mailing List/Lead-in Sheet:
6. Assigned To: Craig Sanders -
7. Environmental Determination:
State Clearinghouse No: Categorical Exemption-CEQA#
Negative Declaration
Mitigation Negative Declaration
Subject to Fish&Game: Environmental Impact Report
Gen.Rule Ex.-CEQA#15061.(bx3)
/ Other
8. Staff Report: y - Project Video:
9. Clearinghouse circulation required: Yes No Date Sent to SCH: q
10. Publication Notice Written: Display Ad Prepared:
11. Notices Mailed: __ q Number of Notices:: / ,�
12. Newspaper Publication Date: ��—�a" / /O/ /C�/P)( Gl B
13. Planning Commission Hearing(s):
Action taken: 0
Special Conditions:
r
Commission Resolution No.
14. Board of Supervisors'Hearing(s): 9
Action taken:
Board Resolution No.: Ordinance No: Adopted:
15. Type Use Permit/Send for signature:
16. N.O.E./N.O.D./APPENDIX G: Fish&Game Fees Paid: Yes No
17. Send validated Use Permit:
18. Assessor's Memo:
19. Copy of Use Permit/Variance to Planning Technician:
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00-64 Public Hearing - Butte County Department of Development Services - Zoning Code
Amendment - consideration of a zoning code amendment to Chapter 24 of the Butte
County Code to make provisions for temporary asphalt and concrete batch plant uses
in conjunction with active, permitted, aggregate mining operations County-wide
(ZCA99-02 [CS]) - action requested:
1. ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND
DENY THE PROPOSED ZONING CODE AMENDMENT; OR
2. IF THE BOARD CHOOSES TO APPROVE THE CHANGES TO ALLOW
TEMPORARY ASPHALT AND CONCRETE BATCH PLANTS, THE
FOLLOWING ACTIONS SHOULD BE TAKEN:
A. DETERMINE THE PROJECT TO BE EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO SECTION
15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT GUIDELINES AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 22, 2000; AND
B. SUBJECT TO FINDINGS C (1-4) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 22, 2000, ADOPT AN
ORDINANCE AMENDING THE BUTTE COUNTY CODE AS
DETAILED IN THE STAFF REPORT DATED FEBRUARY 22,
2000, AND AUTHORIZE THE CHAIR TO SIGN. (**481)
PUBLIC HEARING OPENED: 11:14 A.M.
PUBLIC HEARING CLOSED: 11:18 A.M.
MOTION: I MOVE TO ACCEPT THE PLANNING COMMISSION'S
RECOMMENDATION AND DENY THE PROPOSED ZONING CODE
AMENDMENT.
S M
VOTE: I N 2 Y 3 Y 4 N 5 Y (Motion Carried)
Regular Aged
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - FEBRUARY 22, 2000 _
99-72 Public Hearing - Butte County Department of Development
Services - Zoning Code Amendment -!consideration of a zoning code
amendment (item determined to be a general rule exemption from
environmental review) to Chapter 24 of the Butte County Code to
make provisions for temporary asphalt and concrete batch plant
uses in conjunction with active, permitted, aggregate mining
operations, County-wide - action requested:
1. ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND DENY
- THE PROPOSED CODE AMENDMENT (STAFF REPORT DATED MARCH 9,
1999) ; OR -
2. IF THE BOARD WISHES TO APPROVE CHANGES TO THE CODE TO ALLOW
TEMPORARY ASPHALT AND CONCRETE BATCH PLANTS OR AGGREGATE
MINE SITES, THE FOLLOWING MOTIONS WOULD BE APPROPRIATE:
A) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-90 C.5, AGRICULTURE ZONES,. AS PROVIDED IN THE STAFF
REPORT DATED MARCH 9, 1999;
B) ADOPT AN ,ORDINANCE' ADDING BUTTE COUNTY CODE SECTION
24-258 SETTING SITE DEVELOPMENT REQUIREMENTS. STAFF
RECOMMENDS CHANGES TO THE STANDARDS CONSIDERED BY THE
PLANNING COMMISSION; IN PARTICULAR, LIMIT THE DURATION
OF A TEMPORARY BATCH PLANT TO A- MAXIMUM OF 2 YEARS; DO
NOT ALLOW CONSECUTIVE PERMITS; AND INCLUDE A CONDITION
. THAT MATERIAL PRODUCED FROM A TEMPORARY BATCH PLANT
. MAY- ,NOT BE SOLD TO THE GENERAL PUBLIC OR USED TO
SATISFY ANY CONSTRUCTION PROJECT OTHER THAN THE
PROJECT SPECIFIED IN THE BID SPECIFIC TO THE TEMPORARY
BATCH PLANT (WITH FULL CONDITIONS AS SET FORTH IN
ATTACHMENT "A" OF THE STAFF REPORT DATED MARCH 9,
1999);
�99-72J C) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-230 B.15. , UNCLASSIFIED ZONE, AS PROVIDED IN THE
STAFF REPORT DATED MARCH 9, 1999; AND
D) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-300, SECTION A, AS SET FORTH IN EXHIBIT "B" OF
THE PLANNING COMMISSION' S AGENDA REPORT DATED
JANUARY 28, 1999, INCLUDED AS ATTACHMENT "B" TO THE
STAFF REPORT DATED MARCH 9, 1999. (**940) (***00)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 9, 1999
PUBLIC HEARING OPENED 11:20 A.M.
PUBLIC HEARING CLOSED 12.:23 P.M.
MOTION:TI I MOVE' TO REFER THIS MATTER TO THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE FOR CONSIDERATION AND RECOMMENDATION TO THE
BOARD. _
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BUTTE COUNTY BOARD OF SUPERVISORS'MINUTES - MARCH 9, 1999 r
Butte County Department of Development Services - Zoning Code Amendment to Chapter 24
of the Butte County Code to make provisions for temporary asphalt and concrete batch plant uses
in conjunction with active, permitted, aggregate mining operations - County -wide. (ZCA 99-02)
(CBS)
Mr. Sanders gave a brief summary of the amendment. He said a mining site would need to obtain a Use
Permit first to allow the batch plant, then an Administrative Permit would need to be issued for the plant
itself.
Vice Chairman Nelson asked if this process would go through the Planning Commission or staff?
Mr. Sanders said the request for a Use Permit would come to the Commission and the Administrative Permit
would not. The Use Permit would be to see if the proposed site for the batch plant is compatible. He said
the neighbors would be noticed and there would be a public hearing. He said if the Commission approved
the Use Permit, then the applicant could apply for an Administrative Permit to put in the batch plant. He
said on Page 8, #1 of the Report it states that plants need to be in conjunction with a permitted mining
operation.
Commissioner Mooney said this project was brought forward to allow local operators to compete for public
contracts along with the existing batch plants in the County. He said it was his understanding they were
looking at public projects.
Mr. Sanders said that was the original intent. He said he did not know how many large private contracts
would be available that would attract someone like Kiewit Pacific or a larger operator to set up a batch plant.
The hearing was opened to the public.
Dennis Robinson, Robinson Construction, thanked the Commission for bringing this forward as a public
hearing. He said local plant owners were not noticed for the first discussion. He said staff should have done
more research with the existing plant owners. He said this will not put local people to work. He said big
companies will bring in their own people. He said the Commission was told that the existing plants could
not handle the production or the quantity of materials for these larger projects, and this is not true. He said
most of the money will leave this County. He said this would allow outside contractors to take jobs away
from local suppliers. He said this amendment would bend the rules for a few. He said this proposal is a
loser for Butte County. He said this will hurt local businesses. He said this would allow big businesses
to come in and under bid the local jobs. He said they now have a level playing field, and he wants to keep
it that way.
Craig Callaway, Mathews Ready Mix, said the zoning code is effective the way it is. He said this
amendment is asking the Commission to get involved with private industry. He explained his concrete
process. He said this will impact existing plants in the vicinity negatively. He asked that this not be
approved.
Vice Chairman Nelson stated that staff was directed to draft this ordinance.
Jim Gaumer, Vice Chair of Baldwin Contracting, said he agreed with the previous speakers. He asked if
these new restrictions would apply to existing operations.
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■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 28, 1999 ■
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Mr. Sanders explained that they would.be a pre-existing use unless the operation was stopped for over one
year. He said in order to commence the operation again it would fall under the new requirements.
A
Mr. Gaumer said there were contradictions in the report. He said Page 2,Paragraph 3,talks about restoring
the site,but Exhibit A talks about less time. He said in Paragraph 3, it calls for a 6 month extension, which
is not the same in Exhibit A.
Mr. Sanders said he would ask that changes be made to Exhibit A to meet the Commission's
recommendations.
Wally Roney said in the north part of the County,Mathews Ready Mix uses imported materials for concrete.
He discussed the taxes being paid to Butte County.
Marvin Larsen said he works for the firm that is supplying material to Kiewit for the Highway 70 project.
He said he is a member of Butte County. He said the Dunston Quarry has been in operation for some time.
He said there is no attempt to hurt local businesses. He said this amendment would help the Dunstone
Query.
Bob Hammett, Owner of the Dunstone Rock Quarry, said it is a small operation. He said this amendment
would make it a level playing field for him.
Dick Teasdale said he is involved with the Dunstone Quarry. He said Baldwin Construction has asked him
about getting material from the Quarry. He said it makes sense to have a temporary batch plant at the
quarry.
The hearing was closed.
Commissioner Cage asked if this amendment would allow a batch plant at the Dunstone Quarry?
Mr. Sanders said the zoning does not allow a batch plant, but this amendment would. He explained where
this is and is not allowed now. He said the alternative is to change the zoning to allow a batch plant.
Commissioner Cage asked about reclamation of the area.
Mr. Sanders explained that the batch plant would not be in the mining reclamation area. When the batch
plan was removed, the land would be returned to the way it was. He said that County Counsel had
commented on this proposal and it might be advantageous to continue this to the next meeting.
It was moved by Commissioner Cage, seconded by Commissioner Lambert to continue this hearing to the
next meeting.
Vice Chairman Nelson said he wanted to discuss this matter before continuing it.
Commissioner Mooney said in his opinion the process is in place today. He said if operators want a batch
plant, they can rezone the property and go through the procedures that other operators have had to go
through. He said he was against this amendment.
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 28, 1999 ■
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Commissioner Lambert said they could continue this for comments from County Counsel, or vote on it
today. She withdrew her second on the motion to continue. She said they should take a break and have Mr.
Sanders contact County Counsel so they could make a decision today.
BREAK - 10:45 a.m. to 11:00 a.m.
" Mr. Sanders said the County Counsel Changes are included in the report. He said they should include in
Exhibit A that after 3 months of no activity, the area should be returned to its original state.
Commissioner Cage's motion died when the second was withdrawn.
Vice Chairman Nelson asked for a consensus of how the Commission wants to go with this amendment?
Commissioner Cage said she would like to see#3 on Page 2 put in the conditions if this is approved.
Mr. Sanders said it was included in Condition 5.
It was moved by Commissioner Mooney, seconded by Commissioner Cage, and unanimously carried to
recommend denial of this Code Amendment because there is a process in place which allows people to
obtain a batch plant.
AYES: Commissioners Cage, Mooney, Lambert, and Vice Chairman Nelson
NOES: No one
ABSENT: Chairman Leland
ABSTAINED: No one
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■ JANUARY 28, 1999 ■
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BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT - January 28, 1999
Applicant:Butte County Development Services Location: County-wide
Department
File#: ZCA 99-02
Request: Amendments to various sections of
Chapter 24 of the Butte County Code to:
1. Make provisions for temporary asphalt
and concrete batch plant uses in
conjunction with active, permitted,
aggregate mining operations; and
2. Expand the list of other permitted
temporary uses.
G.P.: All County Designations
Zoning: County-wide
PROJECT DESCRIPTION: Amendment to Butte County Code Sections 24-90 -Agricultural Zones
24-230-Unclassified Zone, and 24-300-Temporary Uses, and the addition of Section 24-258 setting
standards for temporary asphalt and concrete batch plant uses associated with active, permitted,
aggregate mining operations and expanding the range of temporary construction activities. These
amendments will primarily make provisions for mining related asphalt and concrete batch plants in the
Agricultural Zones, but will also set additional requirements for temporary construction activities that
are currently allowed in all zones.
CEQA ISSUES: The proposed amendment has been reviewed and is exempt from review under the
California Environmental Quality Act pursuant to Section 15061(b) (3), which states that, ". . . CEQA
only applies to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment,the activity is not subject to CEQA." This code amendment meets
this CEQA exemption because:
1. This amendment to the zoning code will not result in any direct, physical changes to the
environment. Each application for a use permit will require individual CEQA review where the
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Butte County Department of Development Services Agenda Report x Page 1 s
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characteristics of the site and features of the proposed development can be evaluated for direct
and physical changes.
2. Each mine site wishing to utilize the temporary use provisions must first obtain a new Use
Permit or amend their existing Use Permit. That process will be subject to environmental review
and appropriate mitigations as required.
3. The uses permitted are temporary in nature and will be limited to a 6-month period with a
maximum 6-month extension or as set by the Planning Commission in the Use Permit. There
is also a requirement to restore the site within 90 days of removal of the batch plant.
4. Other aspects covered by this amendment are clearly temporary in nature.
ANALYSIS: This proposed code amendment was previously discussed by the Planning Commission
on November 25, 1998. During that meeting, the Commission made several recommendations and
requested that another option be brought back for discussion. The main points of the Commission's
recommendations are as follows:
1. That all mining sites obtain a Use Permit to pre-qualify them for a batch plant use. The actual
siting of the batch plant will be done through an Administrative Permit.
2. The code revisions should pertain to both public and private projects.
3. Restrict the processing of material to that produced on-site.
4. Include a provision for consecutive permits.
5. The length of the Administrative Permit should be 6 months with a provision for a 6 month
extension or the proposed contract length, whichever is greater.
6. Restoration of the site shall occur upon the removal of the equipment or if asphalt production
has ceased for a period of three months.
The process will be for a mine owner or operator to either obtain or amend their Use Permit to allow a
temporary asphalt or concrete batch plant. If the Use Permit is approved, the mine site would be pre-
certified for a temporary asphalt or concrete batch plant,when needed. The Use Permit would recognize
the periodic nature of batch plants and an extended lapse in time between batch plant operations would
not extinguish the right, as may occur with other Use Permits. To exercise the Use Permit, the owner
or operator would obtain an Administrative Permit from the Department of Development Services each
and every time they want to utilize a temporary batch plant on-site. The permit would be issued without
any additional public hearings and would be subject to development standards contained within this
ordinance amendment and other restrictions that may be established in the Use Permit. These standards
are included in a new section just for batch plants. Staff recommends the new section since the
operations of the batch plants may run longer than what is normally considered temporary. Exhibit"A,"
Ar Butte County Department of Development Services Agenda Report x Page 2 Ar
attached is a proposed new Section 24-258 that sets standards for accessory batch plants, and Exhibit
"B" contains the other amendments to Section 24-300, Temporary Uses.
ZONING: In Butte County, all aggregate mines are presently located in either an industrial zone, the
Unclassified zoning district, or the agricultural zones. The industrial zones include provisions for
asphalt and concrete batch plants either as a permitted use or with a Use Permit. These zones also allow
stand alone batch plants that are not associated with an on-site mining operation. This is an appropriate
use in the industrial zones and an amendment to these zones is not needed. The"U" zone requires a Use
Permit for permanent or temporary batch plants, with or without being accessory to a mine. Having a
provision for stand alone batch plants is not appropriate in the "U" Zone because there exists a
significant amount of"U" Zone in non-industrial General Plan designations. Staff recommends the "U"
Zone be amended to only allow the consideration of a batch plant when the use is accessory to a mining
use, and subject to a Use Permit. The agricultural zones will need to be amended to add a provision
allowing asphalt and concrete batch plants as a permitted temporary use. Based on the Commission's
recommendation these batch plants must be accessory to an active, permitted, aggregate mining
operation.
GENERAL PLAN: When adding uses to a zoning district, the General Plan Land Use designations
must be reviewed to ensure that consistency is maintained between the General Plan and implementing
zoning districts. Agricultural zones are listed as being consistent in the Orchard and Field Crops,
Grazing and Open Lands, Agricultural Residential, Timber Mountain, and Foothill Area Residential
General Plan land use designations. A review of the primary and secondary uses allowed in these
designations is needed to ensure the intent of the General Plan is being implemented with this
proposed amendment.
Orchard and Field Crap
Primary Uses: Cultivation, harvest, storage, processing, sale and distribution of all plant
crops, especially annual food crops.
Secondary Uses: Animal husbandry and intense animal uses, resource extraction and
processing, hunting and water-related recreation facilities, dwellings, airports, utilities,
environmental preservation activities,public and quasi-public uses, home occupations.
Grazing and Open Lands
Primary Uses: Livestock grazing, animal husbandry, intense animal uses and animal matter
processing.
Secondary Uses: Resource extraction and processing, forestry, plant crops, agricultural
support services, outdoor recreation facilities, airports, dwellings, utilities, environmental
preservation activities,public and quasi-public uses and home occupations.
Aw Butte County Department of Development Services Agenda Report Ar Page 3 a
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Agricultural Residential
Primary Uses: Agricultural uses and single-family dwellings at rural densities.
Secondary Uses: Animal husbandry,forestry,intense animal uses,home occupations,mining,
outdoor recreation facilities,environmental preservation activities,airports,utilities,public and
quasi-public uses, group quarters, care homes and transient lodging.
Timber Mountain
Primary Uses: Forest management and the harvesting and processing of forest products.
Secondary Uses: Animal husbandry, resource extraction and processing, environmental
preservation activities,outdoor recreation facilities,dwellings,utilities,public and quasi-public
uses, home occupations, and airports.
Foothill Area Residential
Primary Uses: Single family dwellings at rural densities.
Secondary Uses: Agricultural uses, animal husbandry,home occupations,resource extraction
and processing, forestry, outdoor recreational facilities, environmental preservation activities,
airports, utilities, public and quasi-public uses, dwellings, group quarters, care homes, and
other secondary uses which are consistent with the Foothill Area Residential designation.
Of the five land use designations listed above, four contain "resource extraction and processing" as a
secondary use. They include Orchard and Field Crops, Grazing and Open Lands, Timber Mountain and
Foothill Area Residential. The term"processing"is not defined in either the General Plan or the Zoning
Code. Staff recommends that"processing"include asphalt and concrete batch plants provided the plants
are accessory to an on-site mining operation, and not stand alone uses, and are temporary. The question
of whether "processing" includes batch-plants, is ultimately a decision the Planning Commission and
Board of Supervisors must make. Currently, all aggregate mines in the County that have the mineral
resources to make asphalt or.concrete are found in the Orchard and Field Crop or Grazing&Open Land,
or Industrial General Plan designations. If it's determined that temporary batch plants can be included
in the term"processing," an amendment to the Agricultural Zones allowing temporary batch plants will
be consistent with the General Plan.
The Agricultural Residential designation however, simply states "mining" and does not include any
reference to processing. Mining covers a wide range of activities including some necessary processing
such as screening, washing, leachate ponds, etc. The County has historically accepted that mining
include the immediate on-site processing of materials necessary to ready the raw product for marketing.
The term"processing" in the "resource and extraction process" category has always been interpreted to
include further processing needed to change the form of the raw product through crushing. The process
to change the raw product into asphalt or concrete has traditionally been limited to the industrial zones.
Butte County Department of Development Services Agenda Report r Page 4
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While this temporary activity to convert the raw product into asphalt or concrete can fall within the term
processing, it should only apply to those General Plan designations that provide for it. It should
furthermore only be limited to temporary, short term activities. As such, it is staff s opinion that the
proposed amendments would not be consistent with the Agricultural Residential designation.
The Orchard and Field Crop and Grazing and Open Space designations listed above are also
supplemented by the Agricultural Element of the General Plan. The Agricultural Element is silent on
mining uses. However, the Agricultural Element directs that the uses listed in the Orchard and Field
Crop and Grazing and Open Lands designations be reflected in the Agricultural Zones. By
acknowledgment, the Agricultural Element recognizes resource extraction and processing as a
compatible use.
The Land Use Element also contains the following mining related policies:
LUE 2.6a-Encourage extraction and processing of identified deposits of building materials and
other valued mineral resources.
LUE 2.6b - Encourage the reclamation of lands subject to mineral extraction.
The project is also consistent with LUE Policy 4.1.a that directs the County to provide sites and
facilities to accommodate a variety of economic activities.
The manufacturing of asphalt and concrete has normally been seen as an industrial use, and limited to
industrial zones. However, the economy of allowing these products to be mixed at the mine site offers
advantages in terms of less trucking miles, reduced cost, better quality control, and flexibility to meet
varying production demands. Aggregate mines are located where the resource is present. Even in
settings with sparse population, land use conflicts may occur. As such, the Use Permit process was
deemed appropriate by the Planning Commission before a temporary batch or concrete plan could be
established.
PROPOSAL: The following changes to Chapter 24 of the Butte County Code are proposed to allow
asphalt and concrete batch plants-as a temporary accessory use to aggregate mining operations:
1. Amend Butte County Code Section 24-90 C. 5 (Agricultural Zones) to read either:
a. Wood lots and wood processing plants selling arid processing wood not grown on-site.
Mining and commercial excavation requiring a mining permit and reclamation plan
pursuant to Chapter 13 of the Butte County Code. , Temporary Accessory Asphalt and
concrete batch plants in conjunction with an active, permitted, aggregate mine.!
Tempprary_Accessory_batch plants are subject to the requirements of Section-24-258_'
Batch Plants -Accessory;
Note: The highlighted text represents the new wording.
Butte County Department of Development Services Agenda Report ff Page 5 Ar
2. a. Add a new Code Section 24-258 Batch Plants - Temporary, accessory to mining,
including the development standards set forth in attached Exhibit "A";
b. Amend the Temporary Use Section to address requirements for temporary construction
activities as set forth in attached Exhibit "B."
x
3. Amend Butte County Code Section 24-230 B.15. (Unclassified Zone) to read:
Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime plaster of pans, pulp and
paper, beet sugar, cc ent; anT d mining, including the production of i crushed rock, sand and
gravel,cement concrete and clay products, and aLl.orasp and concrete batching plants
that are accessory to an on-site mining operation.
RECOMMENDATION: Staff recommends the Planning Commission take the following actions:
1. Recommend the Board of Supervisors adopt an ordinance_amending Butte County Code Section
24-90 C.5 to read:
"Wood lots and wood processing plants selling and processing wood not grown on-site.
Mining and commercial excavation requiring a mining permit and reclamation plan
pursuant to Chapter 13 of the Butte County Code. Accessory Asphalt acid concrete batch
plants in conjunction with an active,permitted, aggregate mine. Accessory batch plants
are subject to the requirements of Section 24-258 -Batch Plants -Temporary, accessory
to mining."; '
2. Recommend the Board of Supervisors adopt an ordinance adding Butte County Code Section
24-258 as set forth in Attachment "A" of this report;
3. Recommend the Board of Supervisors adopt an ordinance amending Butte County Code Section
24-230,B.15. to read:
"Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime,plaster of paris,pulp
and paper, beet sugar, and cement; and mining, including the production of crushed
rock, sand and gravel, concrete and clay products, and asphalt and concrete batching
plants that are accessory to an on-site mining operation.";
4. Recommend the Board of Supervisors adopt an ordinance amending Butte County Code Section
24-300, section A., as set forth in Exhibit "B."
Section 1: Environmental Findings.
1. Find the project to be exempt from California Environmental Quality Act review pursuant to
Section 15061(b) (3) of the CEQA Guidelines that states that CEQA only applies to projects
which have the potential for causing a significant effect on the environment. Where it can be
Butte County Department of Development Services Agenda Report ArPage 6 ff
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seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA because:
a. This amendment to the zoning code will not result in any direct,physical changes to the
environment. Each application for a Use Permit will require individual CEQA review
where the characteristics of the site and features of the proposed development can be
evaluated for direct and physical changes;
b. Each mine site wishing to utilize the temporary use provisions must first obtain a new
Use Permit or amend their existing Use Permit. That process will be subject to
environmental review and appropriate mitigations as required;.
C. The uses permitted are temporary in nature and will be limited to a 6-month period with
a maximum 6-month extension or as set by the Planning Commission in the Use Permit.
There is also a requirement to restore the site within 90 days of removal of the batch
plant.
d. Other amendments to Section 24-300 are clearly limited and temporary in nature.
Section 2: General Plan and Zoning Ordinance Findings:
A. The proposed amendments to Chapter 24 of the Butte County Code are consistent with the
following Butte County General Plan Land Use designations: Orchard and Field Crops,Grazing
and Open Lands, Timber Mountain, and Foothill Area Residential, which list "resource
extraction and processing" as a secondary use;
B. Find that the term "processing" as used in the Orchard and Field Crops, Grazing and Open
Lands, Timber Mountain, and Foothill Area Residential General Plan Land Use designations,
includes temporary accessory batch plants;
C. The proposed amendments to the Butte County Code are consistent with Butte County General
Plan Policy 2.6.a of the Land Use Element, which encourages the extraction and processing of
identified deposits of building materials and other valued mineral resources, and;
D. The proposed amendments to the Butte County Code are consistent with Butte County General
Plan Policy 4.La of the Land Use Element,which directs that the County should provide sites
and facilities to accommodate a variety of economic activities.
K:\PROJECTS\ZCA\TEMPUSES.ZCA\TEMPUSE4.RPT
Ar Butte County Department of Development Services Agenda Report Page 7
EXHIBIT "A"
Section 24-258 Batch Plants - Temporary, accessory to Mining
A. Purpose and Intent: It is the purpose and intent of this section to provide guidance and set
forth regulation governing the periodic temporary installation of asphalt and concrete batch
plants on sites within the County that have active,permitted,aggregate mines,and where a Use
Permit has been issued qualifying the mine site for batch plant operations. It is also the
purpose of this Section to provide for a more streamlined and expeditious process, allowing
mining operators a better opportunity to provide the necessary materials for large building
projects including,but not limited to, public works projects.
B. Standards and Conditions: When a Use Permit has been granted for a mine site to have a
temporary accessory batch plant and an application has been made for an Administrative
Permit,the following conditions and standards apply to the installation and operation of said
batch plant, unless modified or specifically excluded by the Use Permit:
1. The installation of a temporary batch plant pursuant to this section must be on a site
that has active, permitted, aggregate mining operation in good standing with Butte
County, and the State Office of Mine Reclamation.
2. Prior to installation and operation of any temporary batch plant, the property owner or,
operator must obtain an Administrative Permit from the Butte County Department of
Development Services. The permit shall be subject to the requirements of Butte
County Code Section 24-40.
3. The Administrative Permit may be granted for up to 6 months with the provision for
one 6-month extension or for the duration of a single contract to produce aggregate,
asphalt, or concrete for a specified construction project or projects, whichever is
greater,unless modified or limited by the Use Permit. The time line shall start on the
date the equipment is placed on the site. The operator shall notify the Department of
Development Services,in writing, at least 15 days prior to.installation of a batch plant.
4. Consecutive temporary Administrative Permits may be granted based upon a
documented need or a successful contract award. The determination of need shall be
made by the Director of Development Services.
5. Temporary batch plants shall only process sand, gravel, and other aggregate materials
mined on the site. No importation of aggregate materials for processing shall be
allowed. The quantity of material produced may not exceed the maximum annual
amount allowed by current Mining Permit/Use Permit for the site.
Butte County Department of Development Services Agenda Report ff Page 8 Ar
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6. Restoration of the site used for the temporary accessory batch plant shall commence
within 30 days of the removal of structures, equipment, and stockpiled materials from
the site and shall be completed within 45 days. The site shall be restored in a manner
that ensures removal of any'contaminated materials;prevents erosion,and shall include
appropriate re-vegetation. If a concrete or asphalt pad has been installed to
accommodate the temporary batch plant,pursuant to the Use Permit, the pad does not
have to be removed until the mine site is reclaimed or as stipulated by the Use Permit.
A financial surety bond shall be required to assure site restoration. The bond amount
shall be determined by the Director of the Department of Public Works.
7. Provide adequate potable water supply and sewage disposal facilities sufficient to serve
the number of persons working on-site as determined by the Environmental Health
Division.
8. Secure all applicable air quality permits,water quality permits, and any other required
state or local permits.
9. The use of the site as a temporary facility shall not relieve the operator from complying
with all conditions of approval for the mine and reclamation plan. Additional road
improvements may be imposed, as a condition of the Use Permit. Such road
improvements must then be fulfilled with the first Administrative permit.
ArButte County Department of Development Services Agenda Report Page 9
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EXHIBIT "B"
SECTION 24-300 TEMPORARY USES: Temporary uses are short term activities that can be
considered compatible with zones as designated within this section as follows subject to the
Administrative Permit requirements of Section 24-40:
A. Temporary uses compatible with all zones:
1. Temporary construction office mid associated storage of constinction equipment and
inatmiais. Thc use established on a constitiction bite for up to f year, subject to
applicable buifding permits. Tim need f6i the structure shall be rcvicvved at the und of
91' Temporary construction facilities including,but not limited to, portable offices, storage
of construction materials and equipment, a mobile caretaker's residence, and other
activities associated with the construction, repair, or ' replacement of public
infrastructures, including public utilities!
Temporary construction uses shall be subject to the following requirements.
a? The permit_ may be granted for up to 1 year subject to applicable building
permits,air quality permits,water quality_permits, and other applicable State and
local regulations.
bIhe site used for the temporary use shall be restored to natural conditions within
45 days of the removal of structures, equipment, and materials from the site. A
financial surety bond_may be required to assure site restoration. The bond's
amount shall be determined by the Director of the Department of Public Works.
cl Uses that have the potential to generate pollutants shall secure all applicable air
��uali ermits and water uali er'mits and an other stat
gty_p q ty p y e or local permits.
d? Provide adequate potable water supply and sewagedisposal facilities as
determined by the Environmental Health Division. is-`v
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable
requirements contained in Chapter 12 of the Butte County Code.
ArButte County Department of Development Services Agenda Report Page 10 !
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Butte County Development Services Department - (Item determined to be categorically exempt
from environmental review) Amendment to the Butte County Code Section 24-300 - Temporary
Uses, adding a provision to allow temporary construction sites associated with public works and
public utility projects, County-wide. (CBS) (ZCA 99-02)
Mr. Doody said this proposed amendment is in response to requests from several local mine operators to
establish portable batch plants and rock crushing facilities on their existing permitted mine sites.
Commissioner Leland asked,who would be making the application—the mine owner or the government
agency?
Mr. Doody said the applicant would be the miner owner.
Commissioner Leland was concerned that temporary uses could in effect turn into permanent uses since
most gravel from a gravel pit is used for concrete and asphalt. He also felt a temporary use could have a
significant impact on the environment—for instance traffic, air pollution,water quality. The restrictions of
a Use Permit could be avoided by having a series of temporary permits.
Mr.Parilo noted that most quarries in the County do not have the ability to manufacture asphalt. That would
require a rezone to allow industrial uses and probably a General Plan amendment. Portable batch plants to
produce asphalt can be set up anywhere and moved to another site. The projects would be limited to Public
Works projects. The concept is to allow more local quarries to be able to participate in bidding on
government contracts. He'said the temporary permits would only be associated with an existing permitted
quarry.
Commissioner Leland was concerned about preferential treatment for government projects. He was also
concerned about allowing a use in an area that is not allowed by the zoning.
Commissioner Nelson did not think a temporary batch plant would have a large impact on the environment.
Mr. Parilo said there is a provision for restoration of the site: He said the reason for limitation to public
contracts is because normally that would be a limited use. Normal projects can be supplied by permanent
operators within the county. This ordinance would open up the competitive bidding process and make more
sites eligible to participate, and ultimately reduce the cost of supplying the materials.
Commissioner Leland said there is an issue of credibility involved when distinctions are made between
government and private contracts. He was also concerned about the concept of temporary permits which
could become sequential permits. Perhaps it might be better to change the statutes to authorize batch and
concrete plants at the statutory level as a blanket issue, since a lot of the gravel would be used for asphalt
and concrete anyway. It might be better to be more liberal about authorizing batch plants in quarries, but
not on a temporary basis, and particularly not for government purposes.
Chairman Lambert said that by the normal Use Permit process, the applicant would come back to the
Planning Commission for,additional uses.
Mr. Parilo said the County Zoning Ordinance does not allow a batch plant with a conditional Use Permit.
An industrial zone would be required.
■ BUTTE COUNTY PLANNING COMMISSION MINUTES ■NOVEMBER 25, 1998m
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Commissioner Leland said the impact of oil on a site could be looked at during a Use Permit process.
Chairman Lambert was in favor of a public hearing in any case.
Commissioner Leland thought there should be statutory authority for allowing batch plants in quarries—
which could be done with the Use Permit process.
Commissioner Cage suggested that only existing operations may apply for the use — as of the date of
approval by the Board of Supervisors.
Mr. Parilo felt there are enough safeguards already in place to allow temporary batch plants in existing
quarries without further public hearings, however if the Commission wishes to hold public hearings, that
would inform the neighbors about the use. Under an administrative procedure the neighbors would not be
notified.
Commissioner Cage was concerned that new quarries would not be established only to set up batch plants.
Mr. Parilo said the Commission can impose whatever restrictions they wish. He suggested that members
of the public in the audience today might have information regarding the technical aspects of the batch
plants. He noted other counties have established similar regulations, He said the issue of extensions could
be addressed through the ordinance. The number of permits allowed in a time period could be addressed
also.
Chairman Lambert thought there should be a public hearing and review by the Planning Commission.
Mr. Parilo said that the time frame should be considered, since a long review period for an application for
a temporary permit could make it impractical to submit a bid, which is another reason for allowing a
temporary use.
Commissioner Leland suggested.getting a sort of qualification permit for a site, which would pre-qualify
a site for a temporary permit.
Mr. Parilo suggested an umbrella permit for a site which would involve a public review process, and then
the temporary permits could be applied for at the time the bid is made.
Commissioner Mooney agreed with the concept of pre-qualification of a site, complete with site plan and
a public review process.
Mr. Parilo suggested that pre-qualification of a site could be a modification of an existing use permit. As
contracts come up, the quarries would be poised and ready to submit their bids and each individual
temporary permit would not have to be reviewed by the Planning Commission, but could be done at staff
level.
Commissioner Mooney noted that traffic could be a significant impact.
Chairman Lambert said noise could be an impact, and possibly odor and pollution.
■BUTTE COUNTY PLANNING COMMISSION MINUTES ■NOVEMBER 25, 1998o
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Mr. Parilo said the portable batch plants have to meet tough standards for air quality, and he has heard they
are very clean. Every time a plant would be set up, clearance would have to be received from the Air
Quality Control District.
The hearing was opened to the public.
Steve Card, of Meridian Aggregates, said his company was not able to bid on a public job and the contract
subsequently went to a contractor from out of the county,who brought asphalt into Butte County. The local
operators could not keep up with the demand for asphalt to bid the job.
Chairman Lambert asked how the demand for asphalt would be serviced under the temporary permit.
Mr. Card said his company could keep up with the demand to bid the job if they had a portable batch plant.
He said plants could be rented on a lease/purchase or a daily basis, or a contractor could come in and
produce the material.
Commissioner Leland asked if a temporary plant would be larger than any permanent plant in Butte County
in order to produce the quantity necessary.
Mr. Card said there is an existing plant in town that could probably keep up with the demand,but they don't
have the aggregates to supply the plant.
i
There was a discussion of the costs involved with producing asphalt and why a portable plant would be cost
effective. ,
Chairman Lambert asked if Meridian Aggregates is interested in a permanent plant.
Mr: Card explained that his company is not interested in a permanent plant — they are in the aggregate
business and do not want the responsibility of being in the asphalt business. His company would like to be
able to bid a local job such as work on Highway 70. He said his company used to have permission to
operate a permanent batch plant but they let it lapse.
Mr. Doody explained that if a use is not established within a certain time period, the use is not allowed.
Mr. Card said they would like the contractor to have his name on the permit along with his own company,
to share the responsibility.
Commissioner Leland asked how temporary batch plants compare to permanent ones.
Mr. Card said batch plants are almost all temporary and even those are poured on concrete. Mr. Card noted
that a local asphalt producer would have to bring in a portable operation in order to keep up with the demand
to bid a big job.
Commissioner Leland said it appears that allowing temporary batch plants would benefit the county and
local businesses. Butte County should be able to generate sufficient asphalt for big local jobs. He was in
favor of qualifying a site in order to do an analysis on the traffic, air pollution, and the impact on the
neighbors and he thought there should be a public hearing. Once a site is qualified, a permit could be
approved administratively. He did not think the permit should only apply to government projects.
■ BUTTE COUNTY PLANNING COMMISSION■MINUTES ■NOVEMBER 25, 1998m
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Commissioner Nelson agreed that once a site is qualified through a public hearing process,the permit could
be issued administratively.
Commissioner Leland rioted that the neighbors were very interested, for example, in the quarry for M and
T Ranch. He thought the Planning Commission should examine every site before it could be qualified for
a temporary permit.
Mr.Parilo suggested that the Commission direct staff as to how the proposed ordinance should be modified.
Chairman Lambert was in favor of the umbrella permit which would qualify sites to apply for temporary
permits.
Commissioner Mooney said a site plan should be provided: He agreed traffic could be an issue.
Commissioner Leland thought quarry permits could include the additional use of qualifying for temporary
batch plants.
Mr. Doody suggested the Minor Variance process for the temporary use. Staff could hold an administrative
hearing with the neighbors.
Chairman Lambert thought that first the umbrella permit should be established by the Planning Commission
prior to administrative hearings by staff.
Mr. Parilo said that it appears the Commission wants a qualifying permit which could be called a
modification to an existing use permit to allow the establishment of a temporary batch plant pursuant to the
new section of the zoning ordinance. Once the qualifying permit is in place,there could be an administrative
permit"over the counter"or a modification to a minor use permit or minor variance process.
Commissioner Nelson thought the one public hearing for site qualification would be sufficient.
There was a discussion of allowing for an extension to the temporary permit.
Commissioner Mooney explained that the permit should go along with the contract,since a job can be halted
by various government agencies, such as Fish and Game delaying work on a bridge because of the salmon
run.
Commissioner Cage was in favor of moving forward with the permitting process in order to allow local
businesses to bid on projects for which BCAG has obtained funding.
Mr. Parilo said if this amendment is enacted and individual operators can apply for temporary permits, the
Planning staff would notify operators within the County of the program and of the procedures necessary
to pre-qualify for temporary permits.
Chairman Lambert said the time period for permits needs to be defined.
Commissioner Mooney said the temporary permit should be applied for as the bid is submitted. He noted
it would take a certain amount of time for a certain quantity of asphalt to be produced.
■ BUTTE COUNTY PLANNING COMMISSION■ MINUTES ■NOVEMBER 25, 1998m
• i .
Commissioner Leland was concerned that the temporary permit should not be limited to work for
government agencies.
Mr. Doody suggested that the batch plant could be accessory to the permitted quarry or mining operation
and that only aggregate mined on-site could be processed at the temporary batch plant. He suggested
granting a permit good for one year with one six month extension for physical or financial hardship by the
applicant.
Commissioner Nelson said state contracts can take a lot of time to even get signed. The weather could also
be a factor. He was not sure an extra six months would be adequate. There should be flexibility to work
within the confines of the project.
Mr. Parilo said the term of the permit could be tied to the contract itself as suggested by Mr. Mooney.
Commissioner Mooney said the application should include the quantity and the estimated time to produce
the quantity,which might exceed a year.
Commissioner Leland did not think it would be significant whether a plant is permanent or temporary. He
did wonder if CEQA review would be involved on a permanent use. '
Mr. Parilo said that pre-qualifying a site for the activity would not provide any idea of the quantity of
material to be produced or traffic to be generated. Those things would be dependent on the individual
contract. The only restrictions would be those imposed by the use permit. The existing operation should
have already gone through CEQA and public review. He noted that with an administrative permit, if the
requirements of the ordinance are complied with, staff is required to issue the permit and cannot exercise
independent judgement.
There was a discussion of temporary verses permanent and the possibility of sequential permits and the
requirements for clean up.
Mr. Parilo suggested that parameters should be established with the original use permit which would be
carried forward to the temporary permit.
Chairman Lambert thought the first issue to be decided would be the appropriateness of the site for a
temporary batch plant. Secondly would be the issue of permanent or temporary, and what issues would be
involved—traffic or noise for example.
There was more discussion of temporary versus permanent and temporary sequential that would in effect
be permanent.
Commissioner Leland did not think potential impacts should be ignored because of being"temporary"when
in fact, the use could be long term. He suggested that part of the analysis of sites for suitability could be
consideration of operation only.for certain periods of times or certain seasons.
Mr. Parilo suggested that staff modify the ordinance to include provisions for an overall use permit process
to pre-qualify sites and to modify the temporary use section as discussed above, including provisions that
only material could be used which is generated from the site itself. Maybe the term could be one year with
a possible six month extension or whatever other time period is specified by the Planning Commission or
■ BUTTE COUNTY PLANNING COMMISSION ■ MINUTES ■NOVEMBER 25, 1998m
what time period is specified within the contract. Mr. Parilo asked what the Commission wants the
ordinance to say about consecutive permits and any time restrictions between consecutive permits.
Commissioner Leland did not think any interruptions between permits would be necessary.
Chairman Lambert asked what sort of review of clean up operations would take place and by what agency?
Mr. Parilo said it is recommended that a bond be posted which any agencies associated with the batch plant
would have to sign off.
There was a discussion of clean up at the site upon cessation of operations.
There was a consensus of the following:
- That staff prepare a revised ordinance that would conform to today's discussions concerning pre-
qualifying the sites with a Planning Commission review and an administrative permit for each
particular temporary permit; and r
- The revised ordinance should relate to all projects, not strictly government projects; and
- Should restrict the use to processing aggregate that exists on site not imported to the site; and
- Should authorize consecutive permits; and
- The duration should be six months with a six months extension or the duration of the proposed
contract whichever is longer,unless restricted by the Planning Commission as a condition of its use
permit; and
- Clean up should take place upon removal of the equipment, or asphalt production ceases for three
months.
The discussion of the proposed zoning code amendment was continued open until such time as staff is able
to prepare the modifications recommended by the Planning Commission.
I
■ BUTTE COUNTY PLANNING COMMISSION MINUTES ■NOVEMBER.25, 1998■
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Environmental Review
This amendment should be exempt under the General Rule or a Categorical Exemption. I believe
we could prevail on this point for the following reasons:
1. The use is temporary
2. It's part of a construction project that has an enviromentaal document prepared by
a governmental agency. The construction effects should be considered in that
doument.
3. Existing mine sites already have CEQA clearance and the operation of the site
must conform with the Use Permit.
4. All air quality and water quality permits must be obtained..
C" .
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STATE OF CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY PETE WILSON,Govemor
DEPARTMENT OF TRANSPORTATION
DISTRICT 3
P.O.BOX 911 ? X14
MARYSVILLE.CA 95901 `
TDD Tel Ovm(530)7414509
FAX(530)741.5346
TeW om(W 741 AM
November 25, 1998
JBUT165
03-BUT-99 PM 0
Section 24-300 Temporary Use Code
Amendment ZCA99-02
Application
Mr. Craig Sanders, Senior Planner
Butte County Planning Division
Department of Development Services
7 County Center Drive
i Oroville, CA 95965-3397
Dear Mr. Sanders:
Thank you for the opportunity to review and comment on the above referenced document.
COMMENTS:
Dredging, as a temporary activity,can result in serious long-term impacts on upstream
structures. Consideration should be given to the distance upstream or downstream from
bridges and other structures,and potential worst case impacts.
If you have any questions regarding these comments,please contact Terri Pencovic,Local
Development/Inter-Governmental Review Coordinator, at(530) 741-4199.
Sincerely,
.�.� OUGLAS MAC IVOR, Chief
Office of Travel Forecasting&Modeling
Enclosure
C: Mr.Jon Clark, Butte County Association of Governments
•. �'i�nrapn9®ivisi
on
N U v 3 1998 .
Orovip®,C'alifornia
i
MERIDIAN
Aggregates Company
February 5, 1999
Mr. Thomas A. Parilo, Director
Butte County Dept. of Development Services
7 County Center Drive
Oroville, CA 95965
Dear Tom:
The purpose of this letter is to withdraw our request for a modification to our County permit for
Table Mountain Quarry that would allow us to manufacture asphalt products on site utilizing
portable equipment. If on site asphalt production is desired in the future,Meridian will apply for
an industrial rezone at that time. We thank you for your past consideration and hope this
withdrawal does not pose an inconvenience.
Sincerely,
David J. Piper
Vice-President,NW Region
CC: Mary Anne Houx
Jane Dolan
Robert Beeler
Kurt Josiassen
Fred Davis
Chairman Leland
Vice Chairman Nelson
Commissioner Cage
Commissioner Mooney
Commissioner Lambert
Table Mountain Quarry
2216 Table Mountain Blvd.
Oroville,California 95965
MAR 0 1t OFFICE:916.534.4517
FAX: 916.534.6263
�fUV1I�,Vdll��fd
•r.
cum �'. INTER-DEPARTMENTAL MEMORANDUM
OFFICE OF BUTTE.COUNTY COUNSEL
tr
TO: Steve Hackney, Planning Division
BY: Neil H. McCabe, Assistant County Counsel
i
SUBJECT: Mining Committee
j DATE: April 5, 1994
This memo replaces and supersedes my memo to you on this subject dated March 14, 1994.
The Mining Committee was initially established by Ordinance 2003 adopted February 13, 1979. Among other
things, Ordinance 2003 enacted Butte County Code Section 13-111 which read as follows:
"Section 13-111. Establishment of Mining Committee.
A mining committee shall be established with a member appointed by each supervisor from the aggregate
and mining community of his district, to serve for a two-year term. The committee will act as an
advisory board to the public works department, planning commission and the board of supervisors. All
matters pertaining to setting of standards and ordinance modifications regarding surface mining will first
be referred to this Committee for review and recommendation."
A copy of Ordinance 2003 was enclosed for your information in my previous memo.
On December 18, 1984, the Board of Supervisors repealed Section 13-111 by Ordinance No. 2447 (copy
enclosed) and adopted Resolution 84-197 (copy previously enclosed) which established the "Surface Mining Aggregate
Operations Committee".
In reviewing Resolution 84-197, I note that the second "Whereas" paragraph recites that:
I
"...the Board has determined a need for an advisory body that will advise them on all matters pertaining
to setting of standards and ordinance modifications regarding surface mining."
The ordinance also provides in the "Now Therefore" paragraph, sub-paragraph 3, that:
"3. The Committee shall meet at such places and times as directed by the Board of Supervisors in order
to advise the Board on questions which said Board directs to the Committee."
The resolution does not contain any directives that the Committee consider specific projects. Rather, it appears
that what was contemplated was advice on general matters such as the setting of standards and ordinance modifications
regarding surface mining. However, the Board could give directives from time to time asking the Committee to advise
it on specific matters. To my knowledge, the Committee has never had the power to approve or disapprove specific
projects.
Planning Depa!frpnnt
i
Page 1 APR U 6 1994
Oroviiie,
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� 11
The new version of§Suridte Mining Ordinance (Ordinance 30, adopted 8/10/93) makes reference to the
Committee, defining it in Butte County Code ("BCC") Section 13-102 as the Committee appointed by the Board
pursuant to Resolution 84-197, and providing as follows in BCC Section 13-105:
"Upon deeming the application complete,the planning division shall send copies of the mining permit application
and reclamation plan to ...the committee....Within ten (10) days of the distribution of the permit application
and reclamation plan, the committee shall meet to review and make recommendations to staff. The
planning division shall be responsible for developing an agenda and setting the time and place for the committee
meeting. The planning division will be responsible for conducting the initial study..."
I also note that BCC Section 13-107 now provides:
"The planning division shall, upon completion of the review process; schedule the project for public hearing
before the planning commission in the same manner as provided for in section 24-46....The planning
commission...may approve, conditionally approve, or deny the reclamation plan, financial assurances, mining
permit and/or use permit...."
Although the exact role intended for the Committee is not specified in the above provisions, it appears that the
Committee's role is to review the permit application and reclamation plan and make recommendations to the planning
division staff to be considered as a part of the staff initial study and review preceding the Planning Commission hearing
and action.
NHM
(hackney2.mem)
Page 2
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Iftl= valley contractors exchange, inc.
r4l z 951 East 8th Street ■ Chico, CA 95928■ (530) 343-1981
November 1, 1999
Chairperson Jane Dolan and Members of the Butte County Board of Supervisors
County Administration Building
25 County Center Drive
Oroville, Ca. 95965
Subject: Amendments to Sections of Chapter 24 of the Butte County Code to make provisions
for temporary asphalt and concrete batch plant uses
Dear C erson Dolan and Board Members;
Your Surface Mining Aggregate Operations Committee has scheduled a meeting on November
17, 1999 to make arecommendation to the Board on the above subject.
We respectfully request that the proposed code amendments be denied for the following reasons:
1. Allows out of County contractors to operate in the County without being subjected to the
same permitting process required for local permanent contractors
2. Local asphalt plant operators are open everyday to service local asphalt needs. Thus,
their operating expenses are higher than those of temporary outsiders.
3. The majority of local asphalt plant employees reside in Butte County,resulting in their
payroll dollars contributing to our local economy.
Thank you for your consideration on this matter.
Yours truly,
x
Al Silva '
Consultant, Valley Contractors Exchange
.
RECEIVED
cc: Tom Parilo,Director Dept. of Development Services NOV 0 5 1999
BUTTE COUNTY
PLANNING DIVISION
Satellite Office: 832 Richland Road ■ Yuba City, CA 95991 ■ (530)674-2030
BUTTE COUNTY CLERK OF THE BOARD USE ONLY
BOARD OF SUPERVARS • MEETING DATE:
AGENDA TRANSMITTAL AGENDA ITEM:
AGENDA TITLE: DDS — Provisions for temporary asphalt & concrete batch plan, temporary uses.
DEPARTMENT: DDS, Planning Div. DATE: 2/3/00 MEETING DATE REQUESTED: 2/22/00
CONTACT: Craig,Sanders PHONE: 7601 REGULAR X CONSENT
DEPARTMENT SUMMARY AND REQUESTED BOARD ACTION:
SEE ATTACHED
AGENDA ITEM SUBMITTAL REQUIRES THE ORIGINAL AND NINE (9) COPIES
ATTACH EXPLANATORY MEMORANDUM AND OTHER BACKGROUND INFORMATION AS NECESSARY
Budgetary Impact: Yes No CAO OFFICE USE ONLY
If yes,complete Budgetary Impact Worksheet on back . ,
Budget Transfer Requested: Yes No Administrative Office Review
If yes,complete Budget Transfer Request Worksheet on back. Administrative Office Staff Contact
(Deadline is one business day prior to normal agenda deadline)
Will Proposal Require an Agreement: Yes No 4l5's Vote Required: Yes: No:
Auditor-Controller's Number(if required):
County Counsel's Approval: Yes No Date Received by Clerk of Board:
Will Proposal Require Additional Personnel:Yes No
Number of Permanent: Temp Extra Help
Previous Board Action Date: Additional Information Attached:Yes X No
Describe: Packets
Rev."8
SPECT,,.. INSTRUCTIONS TO CLERK. ,
Number of originals required to be returned to Department:
"Please Note*" Department is responsible for returning contract to contractor. Clerk of the Board returns
completed Auditor's copy ONLY.
Requested'Board Action:
Ordinance Required Resolution Required Minute Order Required For Information Only
BUDGETARY IMPACT WORKSHEET
Current Year Estimated Cost/Fundinq Source Source of Additional Funds Requested
Estimated Cost $ Contingencies $
(Fund Name: )
(Fund Number: )
Amount Budgeted $ Unanticipated Revenue $
(Budget Unit Number: ) (Source: )
(Fund Name: ) (Rev.Code: )
(Fund Number: )
Other Transfer(s) $
1. Complete worksheet below
2. Deadline is one business day Drior
to normal agenda deadline
-------------- --------------
Additional Requested $ Total Source of Funds $
Annualized cost$ if also planned for next year.
Budget Transfer Authorized By Administrative Office
Board Action Required for B-Transfer? Yes No
Authorized Signature Date
BUDGET TRANSFER REQUEST WORKSHEET
Transfer Request:
AMOUNT LINE ITEM LINE ITEM
Transfer$ (No Cents)From To
Transfer$ (No Cents)From To
Transfer$ (No Cents)From To
Transfer$ (No Cents)From To
•
SUMMARY: Butte County Development Services Department, File # ZCA 99-02, Amendments to
various sections of Chapter 24 of the Butte County Code to:
1. Make provisions for temporary asphalt and concrete batch plant uses in conjunction with active,
permitted, aggregate mining operations; and
2. Expand the list of other permitted temporary uses.
Located County-wide.
ACTIONS FOR CONSIDERATION:
I. Accept the Planning Commission's recommendation and deny the proposed code amendment.
II. If the Board of Supervisors wishes to approve changes to the code to allow temporary asphalt
and concrete batch plants on aggregate mine sites,the following motions and supporting findings
would be appropriate:
A. Determine the project to be exempt from California Environmental Quality Act review
pursuant to Section 15061(b) (3) of the CEQA Guidelines that states that CEQA only
applies to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA because:
1. This amendment to the zoning code will not result in any direct, physical
changes to the environment. Each application for a Use Permit will require
individual CEQA review where the characteristics of the site and features of the
proposed development can be evaluated for direct and physical changes;
2. Each mine site wishing to utilize the temporary use provisions must first obtain
a new Use Permit or amend their existing Use Permit. That process will be
subject to environmental review and appropriate mitigations as required;
3. The uses permitted are temporary in nature and will be limited to a 6-month
j period with a maximum 6-month extension or up to 2 years if approved by the
Planning Commission in the Use Permit. There is also a requirement to restore
the site within 90 days of removal of the batch plant.
4. Other amendments to Section 24-300 are clearly limited and temporary in nature.
B. Adopt an ordinance amending Butte County Code as follows:
1. Add Section 24-258 setting site development requirements. Based upon public
testimony at the Planning Commission, staff recommends changes to the
Ar Butte County Department of Development Services Agenda Report Ar Page 1 Ar
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standards considered by the Planning Commission. In particular, limit the
duration of a temporary batch plant to a maximum of 2 years, prohibit
consecutive permits, and include a condition that material produced from a
temporary batch plant may not be sold to the general,public or used to satisfy
any construction project other than the project specified in the bid specific to
the temporary batch plant. The full conditions are set forth in Attachment "A"
of this report;
2. Amend Section 24-90 C.5, Agricultural Zones, to read: "Wood lots and wood
processing plants selling and processing wood not grown on-site. Mining and
commercial excavation requiring a mining permit and reclamation plan pursuant
to Chapter 13 of the Butte County Code. Temporary accessory asphalt and
concrete batch plants in conjunction with an active, permitted, aggregate mine.
Temporary, accessory batch plants are subject to the requirements of Section 24-
258 - Batch Plants -Temporary, accessory to mining.";
3. Amend Section 24-230 C.15., Unclassified Zone, to read: "Manufacturing of
acids, explosives, fertilizer, glue, gypsum, lime,plaster of paris, pulp and paper,
beet sugar, and cement; and mining, including the production of crushed rock,
sand and gravel,concrete and clay products; and temporary asphalt and concrete
batching plants that are accessory to an on-site mining operation.";
4. Amend Section 24-300, Section A., as set forth in Exhibit "B" of the Planning
Commission agenda report dated January 28, 1999, included as Attachment "B."
C. Make the following findings supporting this ordinance:
1. The proposed amendments to Chapter 24 of the Butte County Code are
consistent with the following Butte County General Plan Land Use designations:
Orchard and Field Crops, Grazing and Open Lands, Timber Mountain, and
Foothill Area Residential, which list "resource extraction and processing" as a
secondary use;
2. Find that the term"processing" as used in the Orchard and Field Crops, Grazing
and Open Lands, Timber Mountain, and Foothill Area Residential General Plan
Land Use designations, includes temporary accessory batch plants;
3. The proposed amendments to the Butte County Code are consistent with Butte
County General Plan Policy 2.6.a of the Land Use Element, which encourages
the extraction and processing of identified deposits of building materials and
other valued mineral resources, and;
4. The proposed amendments to the Butte County Code are consistent with Butte
County General Plan Policy 4.La of the Land Use Element, which directs that
the County should provide sites and facilities to accommodate a variety of
economic activities.
Ar Butte County Department of Development Services Agenda Report Ar Page 2 Ar
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BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT - FEBRUARY 22, 2000
Applicant:Butte County Development Services Location: County-wide
Department
Project Planner: Craig Sanders
File#: ZCA 99-02
Attachments:
Request: Amendments to various sections of A. Proposed Batch Plant Development
Chapter 24 of the Butte County Code to: Standards
B. Proposed Amendments to Temporary
1. Make provisions for temporary asphalt uses
and concrete batch plant uses in C. Mining Committee minutes
conjunction with active,' permitted, November 17, 1999
aggregate mining operations; and D. Board of Supervisors Agenda Report
March 9, 1999
2. Expand the list of other permitted E. Planning Commission Agenda Report
temporary uses. and minutes of January 28, 1999
F. Draft Ordinance
G.P.: All County Designations
Zoning: County-wide
STAFF COMMENT:
On March 9 1999, the Board referred this project to the Butte County Mining Committee for their input
regarding the provisions to allow temporary asphalt concrete and concrete batch plants in conjunction
with active aggregate mining operations. Due to a question about a potential conflict of interest with
mining committee members, the item was not able to be heard by the Committee until November 17,
1999. On that date, the Committee reviewed the proposal that had been before the Board of Supervisors
and recommended that the Board accept the proposal and make changes to the Butte County Code to
include provisions for siting temporary asphalt and concrete batch plants on aggregate mine sites. The
vote was 3-1,with one member being absent. As heard by the Mining Committee and presented to the
Board, the amendment will:
1. Limit the installation of temporary batch plant to sites that also have an approved aggregate
mine.
2. Require a Use Permit to pre-qualify the mine for a batch plant use. The actual siting of the batch
plant will be done through an Administrative Permit.
3. Allow the siting of a temporary batch plant only for public works and public utility projects.
Ar Butte County Department of Development Services Agenda Report Ar Page 1 s
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4. Restrict.the processing of aggregate material to that produced on-site. Material produced may
not exceed the quantity specified in the Mining Permit for the site.
5'. Limit the Administrative Permit to a 6 month period with a provision for one 6 month extension.
The Planning Commission,through the Use Permit, may grant approval for up to two years for
a specified construction project.
I
6. Restoration of the site shall occur upon the removal of the equipment or if asphalt production
has ceased for a period of three months.
These new provisions will be set forth in a separate code section and not in the Temporary Use section.
Attached to this report as Exhibits A and B are the proposed ordinance and an amendment to Section
24-300, Temporary Uses. The strikeout and shading in Exhibit "A"reflects changes discussed at the
March 9, 1999 Board meeting. Strikeout and shading in Exhibit "B" reflects how the current code
section will be changed.
As stated in the March 9, 1999 Board agenda report, the Planning Commission reviewed this proposal
and on a 4-0 vote recommended the Board deny the changes to the Butte County Code. The
Commission cited the fact that there is a process to rezone properties to allow for the installation of
batch plants.
ACTIONS FOR CONSIDERATION:
I. Accept the Planning Commission's recommendation and deny the proposed code amendment.
II. If the Board of Supervisors wishes to approve changes to the code to allow temporary asphalt
and concrete batch plants on aggregate mine sites,the following motions and supporting findings
would be appropriate:
A. Determine the project to be exempt from California Environmental Quality Act review
pursuant to Section 15061(b) (3) of the CEQA Guidelines that states that CEQA only
applies to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA because:
1. This amendment to the zoning code will not result in any direct,physical
changes to the environment. Each application for a Use Permit will
require individual CEQA review where the characteristics of the site and
features of the proposed development can be evaluated for direct and
physical changes;
2. Each mine site wishing to utilize the temporary use provisions must first
obtain a new Use Permit or amend their existing Use Permit. That
process will be subject to environmental review and appropriate
mitigations as required;
Butte County Department of Development Services Agenda Report Ar Page 2 Ar
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3. The uses permitted are temporary in nature and will be limited to a 6-
month period with a maximum 6-month extension or up to 2 years if
approved by the Planning Commission in the Use Permit. There is also
a requirement to restore the site within 90 days of removal of the.batch
plant.
4. Other amendments to Section 24-300 are clearly limited and temporary
in nature.
B. Adopt an ordinance amending Butte County Code as follows:
1. Add Section 24-258 setting site development requirements. Based upon public
testimony at the Planning Commission, staff recommends changes to the
standards considered by the Planning Commission. In particular, limit the
duration of a temporary batch plant to a maximum of 2 years, prohibit
consecutive permits, and include a condition that material produced from a
temporary batch plant may not be sold to the general public or used to satisfy
any construction project other than the project specified in the bid specific to
the temporary batch plant. The full conditions are set forth in Attachment "A"
of this report;
2. Amend Section 24-90 C.5, Agricultural Zones, to read: "Wood lots and wood
processing plants selling and processing wood not grown on-site. Mining and
commercial excavation requiring a mining permit and reclamation plan pursuant
to Chapter 13 of the Butte County Code. Temporary accessory asphalt and
concrete batch plants in- conjunction with an active,permitted, aggregate mine.
Temporary, accessory batch plants are subject to the requirements of Section 24-
258 - Batch Plants -Temporary, accessory to mining.";
3. Amend Section 24-230 C.15., Unclassified Zone, to read: "Manufacturing of
acids, explosives, fertilizer,glue, gypsum,lime, plaster of paris, pulp and paper,
beet sugar, and cement; and mining, including the production of crushed rock,
sand and gravel,concrete and clay products; and temporary asphalt and concrete
batching plants that are accessory to an on-site mining operation.";
4. Amend Section 24-300, Section A., as set forth in Exhibit "B" of the Planning
Commission agenda report dated January 28, 1999;included as Attachment "B."
C. Make the following findings supporting this ordinance:
1: . The proposed amendments to Chapter 24 of the Butte County Code are
consistent with the following Butte County General Plan Land Use designations:
Orchard and Field Crops, Grazing and Open Lands, Timber Mountain, and
Foothill Area Residential, which list "resource extraction and processing" as a
secondary use;
Butte County Department of Development Services Agenda Report Ar Page 3 Ar
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2. Find that the term"processing" as used in the Orchard and Field Crops, Grazing
and Open Lands,Timber Mountain, and Foothill Area Residential General Plan
Land Use designations, includes temporary accessory batch plants;
3. The proposed amendments to the Butte County Code are consistent with Butte
County General Plan Policy 2.6.a of the Land Use Element, which encourages
the extraction and processing of identified deposits of building materials and
other valued mineral resources, and;
4. ThepP ro osed amendments to the Butte County Code are consistent with Butte
County General Plan Policy 4.La of the Land Use Element, which directs that
the County should provide sites and facilities to accommodate a variety of
economic activities.
K:\PROJECTS\ZCA\TEMPUSES.ZCA\BOARD2.RPT
Ar Butte County Department of Development Services Agenda Report Ar Page 4 Ar
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REVISED ATTACHMENT "A"
January 10, 1999
Includes revisions discussed at the
March 9, 1999 Board of Supervisors meeting
Section 24-258 Batch Plants - Temporary, accessory to Mining
A. Purpose and Intent: It is the purpose and intent of this section to provide guidance and set
forth regulation governing the periodic temporary installation of asphaltic concrete and
concrete batch plants on sites within the County that have active, permitted, aggregate mines,
and where a Use Permit has been issued qualifying the mine site for batch plant operations.
It is also the purpose of this Section to provide for a more streamlined and expeditious process
to meet the demands for the construction, repair, or replacement of public infrastructure,
including public utilities facilities. of lar ks type projects.
B. Standards and Conditions: When a Use Permit has been granted for a mine site to have a
temporary accessory batch plant and an application has been made for an Administrative
Permit,the following conditions and standards apply to the installation and operation of said
batch plant, unless modified or specifically excluded by the Use Permit:
1. The installation of a temporary batch plant pursuant to this section must be on a site
that has active, permitted, aggregate mining operation in good standing with Butte
County, and the State Office of Mine Reclamation.
2. Prior to installation and operation of any temporary batch plant, the property owner or
operator must obtain an Administrative Permit from the Butte County Department of
Development Services. The permit shall be subject to the requirements of Butte
County Code Section 24-40.
3. The Administrative Permit may be granted for up to 6 months with the provision for
one 6-month extension or for the duration of a single contract to produce aggregate,
asphaltic concrete or concrete for a specified construction project, not to exceed two
years,when approved by the Planning Commission in
or np to 2 years it'appiov6d by the Use Permit. The time line shall start on the date the
equipment is placed on the site. The operator shall notify the Department of
Development Services, in writing, at least 15 days prior to installation of a batch plant.
4. Asphaltic concrete or concrete produced at a temporary plant may only be used to
fulfill the requirements of the particular public works or public utility' contract for a
specified construction project. Material shall not be sold to the general public nor may
the material be used to fulfill other bid- jobs. miless approved through the
administrative permit process.
5. Temporary batch plants shall only process sand, gravel, and other aggregate materials
mined on the site. No importation of aggregate materials for processing shall be
allowed. The quantity of material produced may not exceed the maximum annual
amount allowed by current Mining Permit/Use Permit for the site.
Butte County Department of Development Services Agenda Report v Page 5 Ar
6. Restoration of the site used for the temporary accessory batch plant shall commence
within 30 days of the removal of structures, equipment, and stockpiled materials from.
the site and shall be completed within 45 days. The site shall be restored in a manner
that ensures removal of any contaminated materials,prevents erosion,and shall include
appropriate re-vegetation. If a concrete or asphaltic concrete pad has been installed to
accommodate the temporary batch plant,pursuant to the Use Permit, the pad does not
have to be removed until the mine site is reclaimed or as stipulated by the Use Permit.
A financial surety bond shall be required to assure site restoration. The bond amount
shall be determined by the Director of the.Department of Public Works.
7. Provide adequate potable water supply and sewage disposal facilities sufficient to serve
the number of persons working on-site as determined by the Environmental Health
Division.
8. Secure all applicable air quality permits,water quality permits, and any other required
state or local permits.
9. The use of the site as a temporary facility shall not relieve the operator from complying
with all conditions of approval for the mine and reclamation plan, including annual
production volume limitations,if any. Additional road improvements may be imposed
as a condition of the Use Permit. Such road improvements must then be fulfilled with
the first Administrative permit.
i
Ar Butte County Department of Development Services Agenda Report Ar Page 6 Ar
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ATTACHMENT "B"
SECTION 24-300 TEMPORARY USES: Temporary uses are short term activities that can be
considered compatible with zones as designated within this section as follows subject to the
Administrative Permit requirements of Section 24-40:
A. Temporary uses compatible with all zones:
1. Tempotmy constinction office and associated storage of constraction equipment and
materiafs. The use established on a construction site f6r up to 1 year, strbject to
appficabic building permits. 'ffie need for the stractme shall be reviewed at tile end orf
the f year period and may be extended by the Birector of B�Vefoprrtcnt Set vices.
1: Temporary construction uses including, but not limited to, portable offices, storage of
construction materials and equipment, a mobile caretaker's residence, and other activities
associated with the construction, repair, or replacement of buildings or structures and
public facilities and infrastructure, including public utilities.
Temporary construction uses shall be subject to the following requirements:
a: The permit may be granted for up to 1 year subject to applicable building
permits, air quality permits,water quality permits, and other applicable State and
local regulations.
b. The site used for the temporary use shall be restored to natural conditions within
45 days of the removal of structures, equipment, and materials from the site. A
financial surety bond may be required to assure site restoration. The bond's
amount shall be determined by the Director,of the Department of Public Works.
C. Uses that have the potential to generate pollutants shall secure all applicable air
quality permits and water quality permits and any other state or local permits.
d. Provide adequate potable water supply and sewage. disposal facilities as
determined by the Environmental Health Division.
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable
requirements contained in Chapter 12 of the Butte County Code. '
Butte County Department of Development Services Agenda Report Ar Page 7 w
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Richard Rucek Dennis Robinson Dave Piper and Steve Card
1064 Almond Robinson Construction Meridian Aggregate
Biggs, CA 95917 P.O. Box 1620 2216 Table Mountain Blvd.
Oroville, CA 95965 Oroville, CA 95965
Craig Calloway Marvin Larsen Bob Hammett
Mathews Readymix 6834 La Porte Road 1000 Dunstone Drive
Pacific Heights Road Bangor, CA 95917 Oroville, CA 95966
Oroville, CA 95966
'Dick Teesdale Al Silva K:\PROJECTS\ZCA\TEMPUSE
725 Central House Road 1086 San Ramon Drive S.ZCA\LABELS.WPD
Oroville, CA 95965 Chico, CA 95973
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Richard Rucek f Dennis Robinson Dave Piper and Steve Card
1064 Almond Robinson Construction Meridian Aggregate
Biggs, CA 95917 i P.O. Box 1620 i 2216 Table Mountain Blvd.
I Oroville, CA 95965 Oroville, CA 95965
Craig Calloway i Marvin Larsen i Bob Hammett
Mathews Readymix 1 6834 La Porte Road i 1000 Dunstone Drive
Pacific Heights Road i Bangor, CA 95917 i Oroville, CA 95966
Oroville, CA 95966
Dick Teesdale i Al Silva i .K:\PROJECTS\ZCA\TEMPUSE
725 Central House Road 1086 San Ramon Drive S.ZCA\LABELS.WPD
Oroville, CA 95965 i Chico, CA 95973
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violation of this title, the county may recover in that nature of the project requires the construction
action or proceeding all costs and expenses incurred in activities to occur at or near the project site.
detecting, investigating, abating and prosecuting the E. Limitations.
violation. (Prior code §5.06.070) 1. No permit shall be issued pursuant to this
section if the planning director finds that the proposed
17.94.070 Temporary construction - Public construction activities can be reasonably
works. accommodated at the project site on land owned,
A. Permit Required. Notwithstanding any, leased or possessed by the public agency or public
other provision of this code, temporary construction utility proposing or_engaged in the_project.
activities for public works and public utility projects 2. No permit shall be issued pursuant to this
may be permitted in any zone district if an section unless conditions are imposed upon the permit,
administrative permit is first obtained as provided in, including but not limited to the deposit of adequate
this section. security to insure that each site at which the
B. Definitions. For the purposes of this temporary construction activities occurs will be
section, the following words and terms have the returned, as reasonably as possible, to natural
meaning and usage indicated: conditions as they existed at the site prior to
1. "Temporary construction activities" means commencement of the construction activities.
the temporary use of land for rock crushing, batch 3. Every permit issued pursuant to this
plants, dredging, contractor's yards, materials section expires one year after the date of its approval
stockpiles, caretaker's quarters and other activities or at such earlier time as the planning director may
related to the construction, repair or replacement of determine at the time of approval. However, second
public works or .public utilities. and subsequent permits may be issued for the same
2. "Emergency" means the duly proclaimed construction activities if the planning director makes a
existence of conditions of disaster or of extreme peril finding, in addition to those findings required for the
! to the safety of persons and property within the issuance of the.first permit, that the nature of the
county, including but not limited to such. conditions as project requiring the temporary construction activities
fire, flood, storm, epidemic, drought, sudden and precludes completion of the project within the life of
severe energy shortage, or an earthquake. the permit or that circumstances beyond the control of
C. Procedure. Subject to the findings the public agency or public utility engaged in the
required by subsection 0 of this section and.the project have prevented completion of the project
limitations imposed by subsection E of this section, within the life of the permit.
the provisions of Section 17.92.050, governing the
issuance of administrative permits under this division,
apply to permits issued pursuant to this section.
D. Findings Required. No permit shall be
issued pursuant to this section unless the planning _
director finds that: F Shasta Couv_�y
1. An emergency exists, as defined in
subsection B of this section; or DEPARTMENT OF RESOURCE MANAGEMENT
PLANNING DIVISION
2. The public works or public utility project
is necessary for public health, safety or convenience JAMES W.COOK
`PLANNING DIVISION MANAGER
and that no land properly zoned and physically suitable
for the proposed construction activities Is located PHONE(530)225-5532 1855 PLACER ST.,SUITE 103
within a reasonable distance of the project or the FAX (530)245-6468 REDDING,CA 96001-1759
153
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BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA REPORT - MARCH 9, 1999
Applicant: Butte County Development G.P.: All County Designations
Services Department
Zoning: County-wide
File#: ZCA 99-02
Location: County-wide
Request: Amendments to various sections of
Chapter 24 of the Butte County Code to: Attachments:
A Revised Batch Plant Development
1. Make provisions for temporary asphalt Standards
and concrete batch plant uses in B. Planning Commission Agenda Report
conjunction with active, permitted, January 28, 1999
aggregate mining operations; and C. Planning Commission minutes
January 28, 1999
2. Expand the list of other permitted
temporary uses.
STAFF COMMENT:
This project was initiated by the Department of Development Services and was originally proposed as
an amendment to the Temporary Use section of the Butte County Code. The amendment to the code
proposed to allow temporary construction activities associated with Public Works or public utility
projects, including the temporary installation of asphalt and concrete batch plants on sites that have
active aggregate mines. The amendment was applicable to zoning districts County-wide, but only under
limited circumstances. On November 25, 1998 the Planning Commission heard that proposal and
recommended several changes. The main changes were as follows:
1. That all mining sites obtain a Use Permit to pre-qualify them for a batch plant use. The actual
siting of the batch plant will be done through an Administrative Permit.
2. The code revisions should pertain to both public and private projects.
3. Restrict the processing of material to that produced on-site.
4. Include a provision for consecutive permits.
Ar Butte County Department of Development Services Agenda Report jr Page 1
5. The length of the Administrative Permit should be 6 months with a provision for a 6 month
extension or the proposed contract length, whichever is greater.
6. Restoration of the site shall occur upon the removal of the equipment or if asphalt production
has ceased for a period of three months.
Staff prepared an amended ordinance proposal that was heard by the Commission on January 28, 1999.
Staff s recommendation was to include the new provisions in a separate code section and not in the
Temporary Use section. At the meeting, a number of speakers gave testimony against the proposed
amendment. Most of the speakers against the project were local mine operators with existing batch
plant operations. Their concerns were directly related to the impacts this amendment would have on
their businesses and they questioned what benefit these changes would have for the County. Another
concern raised was that the installation of temporary batch plants would not have to go through the same
process that other permanent plant sites have had to go through, i.e. a rezone and general plan
amendment, and they would potentially avoid the same environmental analysis. After a significant
amount of discussion,the Commission recommended that the proposal be denied citing that there is an
existing process of rezoning property that can be used to obtain approvals for batch plants.
ANALYSIS: This code amendment was intended to provide a way for local aggregate mine operators
to have temporary concrete or asphalt batch plants on their mine sites in order to provide materials for
specific,bid job, public works projects. Staff supported the idea based on the concept that temporary
asphalt and concrete batch plants should, in some manner, be allowed on aggregate mining sites. In
addition, materials for large public works type of jobs should be able to be taken from the most
convenient source.
The process considered by the Commission required a mine owner or operator to obtain a Use Permit
approving the mine site for a temporary asphalt or concrete batch plant. To exercise the Use Permit,
the owner or operator would obtain an Administrative Permit from the Department of Development
Services each and every time they want to utilize a temporary batch plant on-site. The administrative
permit would be issued without any additional public hearings and would be subject to a set of codified
development standards. These standards are included in Exhibit "A" of the Planning Commission
agenda report dated January 28, 1999.
ZONING: In Butte County,all aggregate mines are presently located in either an industrial zone, the
Unclassified zoning district, or the Agricultural Zones. The primary question at issue is whether the
temporary use of an asphalt or concrete batch plant should be considered accessory to an aggregate mine
and if so what approval process should be required. In Butte County all of the concrete batch plants are
located on sites separate from mining operations. There are only two permanent asphalt batch plants
both of which are located on mine sites. In talking to local operators, most agree that having batch
plants on the same site as the mine is convenient, but is not necessary fora successful operation.
Industrial zones already include provisions for asphalt and concrete batch plants either as a permitted
use or with a Use Permit. These zones also allow stand alone batch plants that are not associated with
Butte County Department of Development Services Agenda Report Ar Page 2 a
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an on-site mining operation. The "U" zone requires a Use Permit for permanent or temporary batch
plants,with or without being accessory to a mine. Approval of a Use Permit in the "U"Zone must also
be found to be consistent with the underlying General Plan designation. The Agricultural Zones have
no provision for batch plants and would have to be amended if mines in those zones are to have
temporary asphalt and concrete batch plants. A Use Permit should be required for temporary plants in
the Agricultural Zones due to potential conflicts with agricultural uses.
GENERAL PLAN: When adding uses to a zoning district, the General Plan Land Use designations
must be reviewed to ensure that consistency is maintained between the General Plan and implementing
zoning districts. Agricultural zones are used to implement several General Plan designations including
the Orchard and Field Crops,Grazing and Open Lands,Agricultural Residential, Timber Mountain, and
Foothill Area Residential General Plan land use designations. The proposed amendments to the zoning
code appear to be consistent with the Orchard and Field Crops, Grazing and Open Lands, Timber
Mountain and Foothill Area Residential, which state that "resource extraction and processing" is a
secondary use. The term "processing" is not defined in either the General Plan or the Zoning Code.
Staff recommends that"processing" include asphalt and concrete batch plants, provided the plants are
temporary and accessory to an on-site mining operation, and not stand alone uses. The question of
whether"processing" includes temporary, accessory batch plants, is ultimately a decision the Board of
Supervisors must make. Currently, all aggregate mines in the County that have the mineral resources
to make asphalt or concrete are found in the Orchard and Field Crop or Grazing & Open Land, or
Industrial General Plan designations. For a more complete discussion on the General Plan issues see
the agenda report for the Planning Commission , dated January 28, 1999.
ACTIONS FOR CONSIDERATION:
I. Accept the Planning Commission's recommendation and deny the proposed code amendment.
II. If the Board of Supervisors wishes to approve changes to the code to allow temporary asphalt
and concrete batch plants on aggregate mine sites, the following motions would be appropriate:
1. Adopt an ordinance amending Butte County Code Section 24-90 C.5, Agricultural
Zones,to read:
"Wood lots and wood processing plants selling and processing wood not grown
on-site. Mining and commercial excavation requiring a mining permit and
reclamation plan pursuant to Chapter 13 of the Butte County Code. Temporary
accessory asphalt and concrete batch plants in conjunction with an active,
permitted,aggregate mine. Temporary,accessory batch plants are subject to the
requirements of Section 24-258 Batch Plants -Temporary, accessory to
mining.";
2. Adopt an ordinance adding Butte County Code Section 24-258 setting site development
requirements. Based upon public testimony at the Planning Commission, staff
AFButte County Department of Development Services Agenda Reporta Page 3 Ar
recommends changes to the standards considered by the Planning Commission. In
particular, limit the duration of a temporary batch plant to a maximum of 2 years, do not
allow consecutive permits, and include a condition that material produced from a
temporary batch plant may not be sold to the general public or used to satisfy any
construction project other than the project specified in the bid specific to the temporary
batch plant. The full conditions are set forth in Attachment"A" of this report;
3. Adopt an ordinance amending Butte County Code Section 24-230 B.15. , Unclassified
Zone, to read:
"Manufacturing of acids, explosives, fertilizer, glue, gypsum, lime, plaster of
paris, pulp and paper, beet sugar, and cement; and mining, including the
production of crushed rock, sand and gravel, concrete and clay products, and
temporary asphalt and concrete batching plants that are accessory to an on-site
mining operation.";
4. Adopt an ordinance amending Butte County Code Section 24-300, Section A., as set
forth in Exhibit "B of the Planning Commission agenda report dated January 28, 1999,
includes as Attachment B."
Section 1: Environmental Findings.
1. Find the project to be exempt from California Environmental Quality Act review
pursuant to Section 15061(b) (3) of the CEQA Guidelines that states that CEQA only
applies to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA because:
a. This amendment to the zoning code will not result in any direct, physical
changes�to the environment. Each application for a Use Permit will require
individual CEQA review where the characteristics of the site and features of the
proposed development can be evaluated for direct and physical changes;
b. Each mine site wishing to utilize the temporary use provisions must first obtain
a new Use Permit or amend their existing Use Permit. That process will be
subject to environmental review and appropriate mitigations as required;
C. The uses permitted are temporary in nature and will be limited to a 6-month
period with a maximum 6-month extension or up to 2 years if approved by the
Planning Commission in the Use Permit. There is also a requirement to restore
the site within 90 days of removal of the batch plant.
Butte County Department of Development Services Agenda Report a Page 4 Ar
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d. Other amendments to Section 24-300 are clearly limited and temporary in
nature.
Section 2: General Plan and Zoning Ordinance Findings:
A The proposed amendments to Chapter 24 of the Butte County Code are consistent with
the following Butte County General Plan Land Use designations: Orchard and Field
Crops, Grazing and Open Lands, Timber Mountain, and Foothill Area Residential,
which list "resource extraction and processing"as a secondary use;
B. Find that the term "processing" as used in the Orchard and Field Crops, Grazing and
Open Lands, Timber Mountain, and Foothill Area Residential General Plan Land Use
designations, includes temporary accessory batch plants;
C. The proposed amendments to the Butte County Code are consistent with Butte County
General Plan Policy 2.6.a of the Land Use Element, which encourages the extraction
and processing of identified deposits of building materials and other valued mineral
resources, and;
D. The proposed amendments to the Butte County Code are consistent with Butte County
General Plan Policy 4.1.a of the Land Use Element,which directs that the County should
provide sites and facilities to accommodate a variety of economic activities.
K:\PROJECTS\ZCA\TEMPUSES.ZCA\BOARD.RPT
Butte County Department of Development Services Agenda Report&Page 5 AF
. a
�,
REVISED ATTACHMENT "A"
March 8, 1999
Section 24-258 Batch Plants -Temporary, accessory to Mining
A. Purpose and Intent: It is the purpose and intent of this section to provide guidance and set forth
regulation governing the periodic temporary installation of asphalt and concrete batch plants on
sites within the County that have active,permitted,aggregate mines, and where a Use Permit has
been issued qualifying the mine site for batch plant operations. It is,also the purpose of this
Section to provide for a more streamlined and expeditious process to meet the demands for the
construcfron,_repair or replacement:of4put hb infrastructure iricludirig public utilities. .ofim ge
public wvk-
B. Standards and Conditions: When a Use Permit has been granted for a mine site to have a
temporary accessory batch plant and an application has been made for an Administrative Permit,
the following conditions and standards apply to the installation and operation of said batch plant,
unless modified or specifically excluded by the Use Permit:
1. The installation of a temporary batch plant pursuant to this section must be on a site that
has active,permitted, aggregate mining operation in good standing with Butte County,
and the State Office of Mine Reclamation.
2. Prior to installation and operation of any temporary batch plant,the property owner or
operator must obtain an Administrative Permit from the Butte County Department of
Development Services. The permit shall be subject to the requirements of Butte County
Code Section 24-40.
3. The Administrative Permit may be granted for up to 6 months with the provision for one
6-month extension or for the duration of a single contract to produce aggregate,asphalt,
or concrete for a specified construction project, notao ekceed'`two years,;i£granted:by
the Planning:Commission .in , i up to 2 ye
approved-by the Use Permit. The time line shall start on the date the equipment is
placed on the site. The operator shall notify the Department of Development Services,
in writing, at least 15 days prior to installation of a batch plant.
4. Asphalt or concrete produced at a temporary plant may only be used to fulfill the
requirements of the particular public works or public utility contract for a specified
construction project. Material shall not be sold to the general public nor may the
material be used to fulfill other jobs. unless approved through the administ
permit process-
Ar Butte County Department of Development Services Agenda ReportAr Page 6 Ar
f'
5. Temporary batch plants shall only process sand, gravel, and other aggregate materials
mined on the site. No importation of aggregate materials for processing shall be
allowed. The quantity of material produced may not exceed the maximum annual
amount allowed by current Mining Permit/Use Permit for the site.
6. Restoration of the site used for the temporary accessory batch plant shall commence
within 30 days'of the removal of structures, equipment,and stockpiled materials from
the site and shall be completed within 45 days. The site shall be restored in a manner
that ensures removal of any contaminated materials, prevents erosion, and shall include
appropriate re-vegetation. If a concrete or asphalt pad has been installed to
accommodate the temporary batch plant, pursuant to the Use Permit,the pad does not
have to be removed until the mine site is reclaimed or as stipulated by the Use Permit.
A financial surety bond shall be required to assure site restoration. The bond amount
shall be determined by the Director of the Department of Public Works.
7. Provide adequate potable water supply and sewage disposal facilities sufficient to serve
the number of persons working on-site as determined by the Environmental Health
Division.
8. Secure all applicable air quality permits, water quality permits, and any other required
state or local permits.
9. The use of the site as a temporary facility shall not relieve the operator from complying
with all conditions of approval for the mine and reclamation plan, including annual
production volume limitations, if any. Additional road improvements may be imposed
as a condition of the Use Permit. Such road improvements must then be fulfilled with
the first Administrative permit.
a Butte County Department of Development Services Agenda Report Ar Page 7 Ar
r
EXHIBIT "B"
SECTION 24-300 TEMPORARY USES: Temporary uses are short term activities that can be
considered compatible with zones as designated within this section as follows subject to the
Administrative Permit requirements of Section 24-40:
A. Temporary uses compatible with all zones:
1. Temporary const,tiction office mid associated stoiage of consti t2ction d
mateiials. The tise established on a construction bite foi up to i year, subject to
applicable building pet inits. The need fbi the structu,e shall be�e V iewed at the end o
the f year pe,iod mid may be extended by die Dit ector of Development Services.
1.1 Temporary constiuctiori facilities..including;but not limited ao,portable:offices, storage
of-construction materials and.equipm'erit, a';ymobrle-icaretaker's-"residence, and other
activities -associated with 'the construction; rrepair, or replacement of public
infrastructures, including public utilities.,
Temporary construction uses shall,be�subject to the following requirements:
a. The permit.may'*be,granted for;up to 1 year subject to applicable building
permits,air quality permits,water quality permits,and other applicable State and
local regulation's:.
b. The site used for the temporary use shall be restored to natural conditions within
45 days of the removal of structures, equipment,and materials,from the cite. Afinancial surety bond may be required to.assure-site restoration. The bond's
amount shall be determined by the Director of the Department of Public Works.
C. Uses that have the potential to generate pollutants shall secure all applicable air
quality permits and water quality permits and any.other state or local permits.
d. Provide adequate potable water supply and sewage disposal facilities.as
determined by thelnvironmental Health Division',,
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable
requirements contained in Chapter 12 of the Butte County Code.
Ar Butte County Department of Development Services Agenda Report N Page 8 N
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT -,November 25, 1998
Applicant: Butte County Development G.P.: All County Designations
Services Department
Zoning: County-wide
File#: ZCA 99-02
APN: Various
Request: Amendment to Butte County Code
Section 24-300 - Temporary Uses, adding a Location: County-wide
provision to allow temporary construction sites
associated with public works and public utility
l
projects.
PROJECT DESCRIPTION: An amendment to title 24 of the Butte County Code, Section 24-300,
Temporary Uses, adding provisions to allow temporary construction activities associated with Public
Works or public utility projects. This amendment will be applicable to zoning districts county-wide
but will only be allowed under limited conditions.
i CEQA ISSUES: The proposed amendment has been reviewed and found to be exempt from review
under the California Environmental Quality Act pursuant to Section 15061. This section states that,
"CEQA only applies to projects which have'the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA." This code
amendment meets this CEQA exemption because:
1. The uses permitted are temporary in nature and will be limited to a 1 year time period with a
requirement to restore the site within 45 days of completion of the public works project.
2. Existing mine sites already have adopted CEQA documents and a temporary use will be subject
to the conditions regulating the mining operation.
ANALYSIS:
This proposed code amendment expands the definition of"Temporary Uses" Section 24-300 of the
Butte County Zoning Code. Upon approval of an Administrative Use Permit, current code allows a
temporary onsite construction office,fairs, and festivals. Christmas tree lots are also allowed aswell as
the use of a travel trailer for a living unit during the construction of a single family home:
Planning staff is recommending section 24-300 be expanded to allow limited term public works and
Ar Butte County Department of Development Services Agenda Report a Page 1 w
public utility construction activities including: portable offices, portable rock crushing plants, portable
asphalt batch plants, and a mobile caretakers residence. Temporary rock crushing or asphalt batch
plant operations will only be allowed on sites with an active permitted, or valid existent mining
operation. Temporary rock crushing and asphalt batch plant operations will be required to obtain the
proper permits from Butte County Air Quality Management District and other applicable permits.
There is a need to expand the list of permitted temporary uses in all zones to clearly make provisions
for certain short term activities. The Department has received a number of inquires from aggregate
operators who desire to bid on public works projects requiring significant quantities of asphalt. All
surface mining projects or lands not zoned for industrial uses are currently precluded from producing
asphalt on site. This prevents a large number of permitted aggregate sites from bidding on public works
jobs and other public utility projects. This amendment to the zoning ordinance will accomplish needed
permit streamlining while enabling more operators to bid on such projects.
The approval of this amendment will give recognition to the need to allow the temporary installation
of asphalt batch plants and rock crushing facilities needed for public works projects. These projects
include,but are not limited to:highway and bridge construction, construction of drainage facilities, and
other public utility improvements.
Allowing temporary asphalt batch and rock crushing facilities on property with an existing mine which
has an approved active, conditional use permit has several benefits. It will allow an operator to bid on
local construction jobs without having to haul raw material to another location to be crushed or mixed
into asphalt. Hauling costs are generally the most expensive factor in bidding on a road construction
job. If materials are available nearby and asphalt can be mixed on site, a mining operator can make
more competitive bids, thus lowering costs to the private and public consumer. Planning staff has been
contacted by mine operators who are foreseeing an opportunity to bid on future highway projects, such .
as the Marysville Highway 70 by-pass and upcoming improvements on Highway 99. This code
amendment would enhance Butte County's ability to locally supply road surfacing materials,thereby
improving business opportunities within the County.
The proposed code amendment is compatible with the intent of the Land Use Element. In this case,the
Commission may find that the proposal is consistent with Policy 2.6.a of the General Plan, which
encourages the extraction and processing of identified deposits of building materials and other valued
mineral resources. The project is also consistent with Policy 4.La which directs that the County should
provide sites and facilities to accommodate a variety of economic activities.
Changes to the code are shown in Exhibit "A" attached. Shaded areas are new text, strikeout text is
proposed to be removed.
RECOMMENDATION: Subject to the findings below, recommend that the Board of Supervisors
amend Butte County Code 24-300 as shown in Exhibit "A".
Section 1: Environmental Findings.
Ar Butte County Department of Development Services Agenda Report Page 2
A. Find the project to be exempt from California Environmental Quality Act review
pursuant to Section 15061 of the CEQA Guidelines which states that CEQA only
applies to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Section 2: Zoning Ordinance Findings:.
A. The proposed amendment to the Butte County Code is consistent with Butte County
General Plan Policy 2.6.a of the Land Use Element, which encourages the extraction
and processing of identified deposits of building materials and other valued mineral
resources, and;
B. The proposed amendment to the Butte County Code is consistent with Butte County
General Plan Policy 4.1.a of the Land Use Element, which directs that the County
should provide sites and facilities to accommodate a variety of economic activities, and;
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 above, recommend the Board of
Supervisors adopt an ordinance amending Section A of Butte County Code Section 24-
300 - Temporary Uses, adding a provision to allow temporary construction sites
associated with public works and public utility projects, as provided in Exhibit "A".
K:\PROJECTS\ZCA\TEMPUSES.ZCA\TEWUSE.RPT
Ar Butte County Department of Development Services Agenda Report Ar Page 3 Ar
EJIMIT A
SECTION 24-300 TEMPORARY USES: Temporary uses are short term activities that can be
considered compatible with zones as designated within this section as follows subject to the
Administrative Permit requirements of Section 24-40:
A. Temporary uses compatible with all zones:
1. Temporary construction office and associated storage of co ttipment and
mateiials. The use established on a constiaction site fm-up to f year, subject tv-.
applicable building pennits. The need fbi the structme shall be tevievved at the end 0
the 1 year petiod and may be extended by the Diiecto, of Development&e�.�
ill Temporary construction facilities including but not limited to.portable_offices, storage
f constr_u_ction materials and equipment, amobile caretakers residence_, and_other,
act vities associated, with the construction, repair, or replacement of public
infrastructure, includingypublic utilities.,
Portable rock cnishing an_d portable_asphalt batch plants are permitted as temporary uses
on active aggregate mini ng sites that have a valid historic_use or_mining permit The use
of the site as a temporary facility shall not relieve the_operator from co_mplying_with all
conditions of approval for the mine; Additionalroad improvements may be imposed
rs a condition_of the Administrative Use Permit
Temporary construction uses shall be subject to the.following requirements:`
as Tlie permit may be granfed_for+up to 1 year subject:to applicable building
perm_its, air quality-permits, water quality permits;and other applicable State
and local regulations.
b1 The site used for the temporary use sha1T be restored to natural conditions within
5 clays of the removal of structures, equipment, and materials from the site _
,financial surety bond shall be required'to assure site restoration The amount
of the bond shall be determined by the Director of the Department of Public
Worms, -- -- - - - --•
96 Batch plants or other uses that have the potential to_generate pollutants shall
ecure all applicable_air quality permits and water quality_permits as well as any'
other state oLIocal. ermits.
W Provide adequate potable.watersuppply and sewage disposal facilities as
determined by the Environmental Health'Division
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable
Ar Butte County Department of Development Services Agenda Report m Page 4 A
r
requirements contained in Chapter 12 of the Butte County Code.
B. Temporary uses compatible in C-1, C-2,CC, HC, NC, LI, M-1, and M-2 zones:
1. Christmas tree lots.
C. Temporary uses in zones permitting a residential use:
1. Temporary travel trailer as a dwelling unit during construction of a single family residence or the
rehabilitation of a single family residence that has been damaged by fire,earthquake,tornado,
other acts of nature,or has been deemed condemned or uninhabitable by the County,subject
to the following requirements:
A. The travel trailer may be placed for a period not to exceed one (1)year from the date
of issuance of the Administrative Permit;provided,however,the Planning Manager may
extend such Administrative Permit for one six(6) month period. Such extension by the
Planning Manager shall be done only upon a showing of physical or financial hardship
by the applicant.
B. That the occupant has secured a building permit for a residence.
C. That the occupant has secured a sewerage disposal permit from the Butte County
Environmental Health Division.
D. That before six(6) months have elapsed from the date of the issuance of the building
permit,the occupant shall have completed the foundation, rough plumbing, framing
and the roof of the proposed residence;and
E. That the house must be completed within the one-year period and the trailer dwelling
must be abandoned.
F. The applicant must obtain the necessary permits from the Butte County Building
Division and Environmental Health Division for the travel trailer installation.
Ar Butte County Department of Development Services Agenda.Report Ar Page 5 Ar
I ,
r
League of Women Voters of Butte County
P.O. Box 965 Chico, CA 95927
March 4, 1999
Mr. Tom Parilo
Director of Butte County Planning Division
7 County Center Drive
Oroville, CA 95966
Dear Mr. Parilo,
An item on the Board of Supervisors' agenda for March 9, 1999, has come to the attention of the League of
Women Voters of Butte County (LWVBC). We note that a Zoning Code amendment will be discussed, to wit:
Butte County Department of Development Services--Zoning Code Amendment(item determined to be a general
rule exemption from environmental review) to Chapter 24 of the Butte County Code to make provisions for
temporary asphalt and concrete batch plant uses in conjunction with active, permitted., aggregate mining
operations--County-wide. (ZCA 99-02) (CS)
We realize that the applicant for this particular request may qualify for a finding of no significant impact due to a
long-standing operation close to adequate road capacity, away from housing and schools where noise and traffic
are not issues. However;we point out that this same zoning could�conceivably apply for other ag-land locations,
since mining is permitted on ag lands.
This zoning amendment would essentially grant an EIR waiver to any mining/quarry operation, county-wide.
Other applicants may not meet the same constraints of "no significant impacts." Such a waiver seems overly
broad when considering the limited provision for public study and imput.
LWVBC encourages industry and the facilitation of business' capacity to bid for jobs such as the Highway 5 work
which is cited as the reason for this request. However, we do not think it prudent to establish such a broad
exemption which could apply an EIR waiver to any such mining operation, county-wide.
In addition, our opposition to this zoning change seems especially significant because the county does not yet have
its Ag Element of the General Plan in place. Such a change should be researched and consistent with the updated
Ag Element when it is adopted.
Therefore, the League asks that the EIR waiver being discussed be a temporary waiver only, or that a Sunset Date
be established linked to the General Plan update, thus avoiding an amendment to the zoning code which would
establish precedent for possible future requests.
Sincerely yours,
Mary Watters, president LWVBC Barbara S. Copeland, action chair:
cc: Butte County Supervisors; Tom Parilo`� Beevelpgient S>aovlcS
MAR 0 8 1999
.,W,
BUTTE COUNTY PLANNING OMMI ION
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Butte County Planning Commission that a public hearing will be held
on Thursday, January 28, 1999, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California,regarding the following item:
ITEM DETERMINED TO BEA GENERAL RULE ,X .MPTION
FROM ENVIRONMENTAL.REVIEW
9:00 a.m. - Butte County Department of Development Services - Zoning Code Amendment to
Chaper 24 of the Butte County Code to make provisions for temporary asphalt and
concrete batch plant uses in conjunction with active, permitted, aggregate mining
operations - County-wide. (ZCA 99-02) (CS)
The above mentioned application and map are on file and available for public viewing at the office
of the Butte County Development Services Department,Planning Division, 7 County Center Drive,
Oroville, California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m.
to 4:00 p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at
the meeting listed above or as may be continued to a later date. If you challenge the above
applications in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice or in written correspondence delivered to the Planning
Commission, at or prior to, the public hearing.
BUTTE COUNTY PLANNING COMMISSION
THOMAS A. PARILO,DIRECTOR DEVELOPMENT SERVICES
To be published in the Chico Enterprise Record, Oroville Mercury on Monday, January 18, 1999,
the Paradise Post on Tuesday, January 19, 1999. To be published in the Gridley Herald on
Wednesday, January 20, 1999.
Display Add, 1/8 Page, Dark Border.
i
Richard Rucek Dennis Robinson Dave Piper and Steve Card
1064 Almond Robinson Construction Meridian Aggregate
Biggs, CA 95917 P.O. Box 1620 2216 Table Mountain Blvd.'
Oroville, CA 95965 Oroville, CA 95965
Craig Calloway Marvin Larsen Bob Hammett
Mathews Readymix 6834 La Porte Road 1000 Dunstone Drive
Pacific Heights Road Bangor, CA 95917 Oroville, CA 95966
Oroville, CA 95966
Dick Teesdale . Al Silva K:\PROJECTS\ZCA\TEMPUSE
725 Central House Road 1086 San Ramon Drive S.ZCA\LABELS.WPD
Oroville, CA 95965 Chico, CA 95973
i
i
� �
PROOF OF
PUBLICATION ,
No.
In the Matter of
Public hearing DDS ZCA 99-02
State of California)
County of Butte & Sutter) ss
The undersigned resident of the County of Butte, 5� f
State of California, says: Jf
r, `rrb��)yy}}j n ,,�' 6*..t c )e r a� r+ i s •qw• f � - c �q�q,,
sY
That 1 am,and at all time herein mentioned was + » r rf .
a citizen of the United States and not a party to nor '''� " �� ,• �c
interested in the above entitled matter; that I am G r RINI '
`the principal clerk of the printer and publisher of:' l�r
filo rde is�her8 '�
The Gridley Herald ``�;orhmisol`ltNaib` `ring;( ilLn
,u )�' ! 'k• s fn iar (, `'. ,:7 meg;-r9
That said newspaper is one of general
b2f� `tt' n^ my . r rs
m,n:County Ad irlrn tori�e�rtte r
circulation as defined by Section 6000 gI'
f�ov�lle,tra'lifotrii a (n e I o `� Hd' ��
Government Code of the State of California,Case
No. 27,207 by the Superior Court of the State ofagor
-
.f -0 ;f'. L ti +„ 1 i ,) - ..i•'rill
California,in and for the County of Butte&Sutter; ,V , attic
tt �y
that said newspaper at all times herein mentioned
x •J b 4 s �s Q
was printed and published twice a week .(on 9T 00 •,
Wednesdays and Fridays in the City of Gridley
and County of Butte; that the notice of which the a siftPk
M M
annexed is a true printed copy, was published in f'0 CtfOn �ss ,pylic
C t ,� < u t*x�
said newspaper on the following days: a y, iaa; ,vwotics atdp lic utility pro�r qq�;w M �(p(f aBS), ,
1 itnkC ° 'r�vTIfr ii
,tt iU tt
�s �3arSi ti�( C4k 99- �.� )
{ .: Y ��;yi�i dk.1�'lK :r,its ,ti f wiAkl<•B�"' �•F^,, ,^�'dt"'X+ -.t
November 13 1998 '•" , i � r � < < Eli a' �T 1� c
' :The above me boned j(cation. '
tiblic`viewing �t the office of the�utt�Codnr lopr tr
certify(or declare),under penalty of perjury,that P ,K,•tK .,¢. r ,�- * „
iSie icea'Dep�n ar�t�.f�i t Division,
the foregoing is true-and correct, at Gridley, } f �� �r <r u' tea, „��5� �y ►}' L
California. �QreeWli , Gallforrie� > tgdr, d 'gtip s
�, k,F�fi'�,�.�•h•5:3*! rF ���w•. ti.+�;•'.r� o� it .+ssdb�.•.
ay�be t�ubmitted irt'' ' f arl ; �t ,• Fla 04 ,
4 grail apt the nldetin ;listed; ov o
Dted
November 17, 1998 Y,;4 Xvr�,,ti.. ..�r�g• + c, , + } '
ata
Gr Gridley, California ter dstg.If ypu
v a
;^e se rise `at.the': u IiM877'.
b e g s otice br irS,
,written corresponde `M,M——on;'7
' fth F 5 i at or prior.to',the public hearing.
:BUTTS BOUNTY�f,ANNING 4MMISSI W"-%4
�4� 1 fi
Signature) :.•� , �.., ,. .
THOMA5'A.PARILO DI QF DEVEi:OPMEN ;SE tVh S;`
Dnhllph Nnvomhnr Is 1099 :• IThoi'At dhov HAPPIdl. '
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT - November 25, 1998
Applicant: Butte County Development G.P.: All County Designations
Services Department
Zoning: County-wide
File#: ZCA 99-02
APN: Various
Request: Amendment to Butte County Code
Section 24-300 - Temporary Uses, adding a Location: County-wide
provision to allow temporary construction sites
associated with public works and public utility
projects.
PROJECT DESCRIPTION: An amendment to title 24 of the Butte County Code, Section 24-300,
Temporary Uses, adding provisions to allow temporary construction activities.associated with Public
Works or public utility projects. This amendment will be applicable to zoning districts county-wide but
will only be allowed under limited conditions.
CEQA ISSUES: The proposed amendment has been reviewed and found to be exempt from review
under the California Environmental Quality Act pursuant,to Section 15061. This section states that,
"CEQA only applies to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA." This code
amendment meets this CEQA exemption because:
1. The uses permitted are temporary in nature and will be limited to a 1 year time period with a
requirement to restore the site within 45 days of completion of the public works project.
2. Existing mine sites already have adopted CEQA documents and a temporary use will be subject
to the conditions regulating the mining operation.
ANALYSIS:
This proposed code amendment expands the definition of"Temporary Uses" Section 24-300 of the `
Butte County Zoning Code. Upon approval of an Administrative Use Permit, current code allows a
temporary onsite construction office, fairs, and festivals. Christmas tree lots are also allowed as well as
the use of a travel trailer for a living unit during the construction of a single family home.
Planning staff is recommending section 24-300 be expanded to allow limited term public works and
public utility construction activities including: portable offices, portable rock crushing plants, portable
asphalt batch plants, and a mobile caretakers residence. Temporary rock crushing or asphalt batch
Ar Butte County Department of Development Services Agenda Report &Page 1
plant operations will only be allowed on sites with an active permitted, or valid existent mining
operation. Temporary rock crushing and asphalt batch plant operations will be required to obtain the
proper permits from Butte County Air Quality Management District and other applicable permits.
There is a need to expand the list of permitted temporary uses in all zones to clearly make provisions
for certain short term activities. The Department has received a number of inquires from aggregate
operators who desire to bid on public works projects requiring significant quantities of asphalt. All
surface mining projects or lands not zoned for industrial uses are currently precluded from producing
asphalt on site. This prevents a large number of permitted aggregate sites from bidding on public works
jobs and other public utility projects. This amendment to the zoning ordinance will accomplish needed
permit streamlining while enabling more operators to bid on such projects.
The approval of this amendment will give recognition to the need to allow the temporary installation
of asphalt batch plants and rock crushing facilities needed for public works projects. These projects
include,but are not limited to: highway and bridge construction, construction of drainage facilities, and
other public utility improvements.
Allowing temporary asphalt batch and rock crushing facilities on property with an existing mine which
has an approved active, conditional use permit has several benefits. It will allow an operator to bid on
local construction jobs without having to haul raw material to another location to be crushed or mixed
into asphalt. Hauling costs are generally the most expensive factor in bidding on a road construction
job. If materials are available nearby and asphalt can be mixed on site, a mining operator can make
more competitive bids, thus lowering costs to the private and public consumer. Planning staff has been
contacted by mine operators who are foreseeing an opportunity to bid on future highway projects, such
as the Marysville Highway 70 by-pass and upcoming improvements on Highway 99. This code
amendment would enhance Butte County's ability to locally supply road surfacing materials, thereby
improving business opportunities within the County.
The proposed code amendment is compatible with the intent of the Land Use Element. In this case, the
Commission may find that the proposal is consistent with Policy 2.6.a of the General Plan, which
encourages the extraction and processing of identified deposits of building materials and other valued
mineral resources. The project is also consistent with Policy 4.1.a which directs that the County should
provide sites and facilities to accommodate a variety of economic activities.
Changes to the code are shown in Exhibit "A" attached. Shaded areas are new text, strikeout text is
proposed to be removed.
RECOMMENDATION: Subject to the findings below, recommend that the Board of Supervisors
amend Butte County Code 24-300 as shown in Exhibit "A".
Section 1: Environmental Findings.
A. Find the project to be exempt from California Environmental Quality Act review
pursuant to Section 15061 of the CEQA Guidelines which states that CEQA only applies
to projects which have the potential for causing a significant effect on the environment.
Butte County Department of Development Services Agenda Report s Page 2 Ar
1
Where it can be seen with certain that there is no possibility that the activity in
h' P tY tY
question may have a significant effect on the environment, the activity is not subject to
CEQA.
Section 2: Zoning Ordinance Findings:.
A. The proposed amendment to the Butte County Code is consistent with Butte County
General Plan Policy 2.6.a of the Land Use Element, which encourages the extraction
and processing of identified deposits of building materials and other valued mineral
resources, and;
B. The proposed amendment.to the Butte County Code is consistent with Butte County
General Plan Policy 4.1.a of the Land Use Element, which directs that the County
should provide sites and facilities to accommodate a variety of economic activities, and;
Section 3: Action.
A. Subject to the findings indicated in Sections 1 and 2 above, recommend the Board of
Supervisors adopt an ordinance amending Section A. of Butte County Code Section 24-
300 - Temporary Uses, adding a provision to allow temporary construction sites
associated with public works and public utility projects, as provided in Exhibit "A".
K:\PROJECTS\ZCA\TEMPUSES.ZCA\TEMPUSE.RPT
Butte County Department of Development Services Agenda Report s Page 3 A
EXHIBIT A
SECTION 24=300 TEMPORARY USES: Temporary uses are short term activities that can be
considered compatible with zones as designated within this section as follows subject to the
Administrative Permit requirements of Section 24-40:
A. Temporary uses compatible with all zones:
1. Temporary constructi.Lon office and associated storage of construction equiptilent and
materials. The use estabfished on a construction site for up to f year, subject to
E emporary construction facilities including but not limited to portable offices, storage
of construction materials and equipment, a mobile caretakers residence, and other'
activities associated with the construction, repair, or replacement of public_
Infrastructure, including public utilities(-
Portable rock crushing and portable asphalt batch plants are permitted as temporary uses
on active aggregate mining sites that have a valid historic use or mining permit. The use
of the site as a temporary facility shall not relieve the operator from complying with all
conditions of approval for the mine. Additional road improvements may be imposed as
a condition of the Administrative Use Permit
TT emporary construction uses shall be subject to the following requirements
as The permit may be granted for up to 1 year subject to applicable building
permits, air quality permits,water quality permits, andother applicable State and
local regulations.
7b The site used for the temporary use shall be restored to natural conditions within
45 days of the removal of structures, equipment, and materials from the site. A
financial surety bond shall be required to assure site restoration. The amount of
the bond shall be determined by the Director_of the_Department of Public
Works��v
cl Batchplants or other uses that have the potential to generate pollutants shall
`secure all applicable air quality permits and water quality permits as well as any
other state or local permits
51 Provide adequate potable water suppply and sewage disposal facilities as
determined by the Environmental Health Division.
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the applicable
requirements contained in Chapter 12 of the Butte County Code.
i Butte County Department of Development Services Agenda Report jr Page 4 i
0
B. Temporary uses compatible in C-1, C-2, CC, HC, NC, LI, M-1, and M-2 zones:
1. Christmas tree lots.
C. Temporary uses in zones permitting a residential use:
1. Temporary travel trailer as a dwelling unit during construction of a single family residence or
the rehabilitation of a single family residence that has been damaged by fire, earthquake,
tornado,other acts of nature,or has been deemed condemned or uninhabitable by the County,
subject to the following requirements:
A. The travel trailer may be placed for a period not to exceed one (1)year from the date
of issuance of the Administrative Permit; provided, however, the Planning Manager
may extend such Administrative Permit for one six(6) month period. Such extension
by the Planning Manager shall be done only upon a showing of physical or financial
hardship by the applicant.
B. That the occupant has secured a building permit for a residence.
C. That the occupant has secured a sewerage disposal permit from the Butte County
Environmental Health Division.
D. That before six(6)months have elapsed from the date of the issuance of the building
permit, the occupant shall have completed the foundation, rough plumbing, framing
and the roof of the proposed residence; and
E. That the house must be completed within the one-year period and the trailer dwelling
must be abandoned.
F. The applicant must obtain the necessary permits from the Butte County Building
Division and Environmental Health Division for the travel trailer installation.
Ar Butte County Department of Development Services Agenda Report Ar Page 5 Ar
r
PARADISE POST
DECLARATION OF PUBLICATION
State of California
County of Butte
Declarant Says:
That at all times herein mentioned Declarant is and
was a resident of said County of Butte over the age
of twenty-one years; not a party to nor interested in
the within matter; that Declarant is now and was at
all times herein mentioned the Legal Clerk
'( R iS:.�
i
of the Paradise Post, a trweekly newspaper, which r�i �R M °g
said newspaper was adjudged a newspaper of general
circulation on November 12, 1446, by Superior '
K•
Court order No. 22262 as entered in Book 30 Page
223 of said Court; and that said newspaper is printed Notice�is�-hereb given by the Butte t
and publ i shed every Tuesday, Thursday and Uvte' be {✓., {. r a'~.
r.
dminisfratin
o
Saturday in Paradise in said County of Butte; and ter.
that the Notice Of Public Hearing
Butte County Planning Commission
Envi tomenta l Review
D-467-98I
B ,b oun .SID elo
t
of which the copy annexed on the margin hereof is a �
r bun C elS Ctl
toOrary;COIIS CtI0I1�,S
true printed copy, was-published in said newspaper p. a '.x+
NP
fi..
in the issues of: November 12, 1998 Y',JeCCOUIIt3!W1dC: ('
o e SIH- nedMpplicatio
and that such publication was made in the regular `� R �� � "r` i
tfe:COuntyDevelol�ent Sem
issues of said r (and not in an su lemental �`� �"���" ����
�a� r pp � ,`ale,.Califo a6.� �.
edition or extra thereof).
I declare under penalty of perjury that the foregoing f: Y"• `?� u' ","' U` `s
or,orally_,atjttle meetin; �;
is true and correct. rxxr
ac a�l`enge theaabov application '� .b
MCI
- - � �ues�ou4 r�o Leone., lse raised���' t�
er tl�e P
Executed on November 12 ,19 98 x
at Paradise, California. ,¢ " : };, i,y:;�. ,_�:,�;¢.•
-�� " �•: T ANNINGtCOM,
�n r Y� A p �O,�DIREGTOR]� d
Declarant
' :tt'&..?;.:4'•LC¢:':. :a..�::'::ti::ccs:M1:.�'aC.`Fe.Y6:`w�,;�
r
BUTTE COUNTY Plht �n
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION . No V-19 199998
TO: Public Works ® i® ffdstlia
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application:Department of Development Service,ZCA 99-02
DATE: October 13, 1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte County Code Section 24-300(Temporary Uses)-adding a
provision to allow temporary construction associated with public works and public utilityprojects.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
_X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27, 1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
By: Date: Y,
r t)Cr
7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785
7t0bDEVELOPMENT
TYOF 8
D .
{
RECEIVED`
OCT,.1,3 1998'
COURV!OF BOTT V-
LAND DEVELOPMENT DIV.
(SPACE FOR FILING STAMP ONLY)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF BUTTE
In the Matter of
Notice of Public Hearing. .......
.................................................................................... No...........................................................
....................................................................................
.................................................................................... ;ZU COUNTY, PLANNING�
rr id JC
AFFIDAVIT OF PUBLICATION
NOT-ICE ORMU, BL 410
State of California SSN6tice is hereby given by the Butte County,Planning-Cor
. F"
.1.1 �,jj'W
Countyof Butte be held on Wednesday;;November 25 1999'4�B
Room, County Adihinistrdtidft,C&ft6f,1- 2 C6uhtyXelib
The undersigned resident of the county-of
11;I
regarding the foloWIng-1 Xt
Butte,State of California;says:
ITEMS DETERMINED TUBE CATEGORIC
That I am,and at all time herein mentioned
�RV
V1RQNMENb
was a citizen of the United States and not a party
0W
to nor interested in the above entitled matter; Butte 1011 Development Se M"06S1
that I am the principal clerk of the printer and Aill r
Sego
publisher of
g�*��provi8ion',toi,,"` 0"W* ,,!:,t rar
e -blk" k"'
--r,7.cia d4i pu W r sl,
The Chico Enterprise-Record- A,_tf
Oroville Mercury Register. -(Z6
r 1.-,.`,'.Wide'(CBS)' k99 R"'
That said newspaper is one of general circula-
.-,The aboveh, 11
d applidatioM on. an rU
tion as defined by Section 6000 Government ;NIT
01W
the office ofthe' !'BR"itte 6�'ih& De elopMefitz&iry
Code of the State of California,Case No.26796 1-k I ,
Center
by the Superior Court of the State of California, Division, 7 county 6roVille C o
0
(530).'538-76 1 (Monday'through Thursday;;$:00.in and for the County of Butte;that said newspa
X
"k "itted in '
per at all times herein mentioned was printed e su mi writing at any time,piior. o'-
and published daily in the City of Chico and meetutg listed above or as may be1con_tinv-_ue`d4 4
County of Butte; that the notice of which the the above applications in court, you may b
e, d
annexed is a true printed copy, was published in
you-or-someone'else-raised at the public heafiffd
said newspaper on the following days: fid
e annmg
_vnitten correspondence delivered-to the..l0l
b
"the-public hearing'...
Nov. 12 , 1998 .
-BUTTE'COUNTY PLANNING CO'MMISS'
I certify(or declare),under penalty of THOMAS A. PARILO, DIRECTOR,I)EVIE.
perjury,that the foregoing is true and correct,at
Chico,California.
Dated..........Nov. 12, 1998. ...............
at Chico,California.
� .� .i"
N-�4..........................
(Sig' ture)
BUTTE COUNTY PLANNING COMMISSION
NOTICE OF RUBLIC HEARING
Notice is hereby given b e Butte County Planning Commission that a public hearing will be held
on Thursday, Nt 25, 1998, in the Butte County Board of Supervisors' Room, County
Administration Center, 25 County Center Drive, Oroville, California,regarding the following item:
IT .M D ,TERMINED TO BE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL.REVIEW
9:00 a.m. - Butte County Development Services Department -Amendment to the Butte County
Code Section 24-300 - Temporary Uses, adding a provision to allow temporary
construction sites associated with public works and public utility projects, County-
wide. (CBS) (ZCA 99-02)
The above mentioned application is on file and available for public viewing at the office of the Butte
County Development Services Department, Planning Division, 7 County Center Drive, Oroville,
California. For information call: (530) 538-7601 (Monday through Thursday, 8:00 a.m. to 4:00
p.m.) Comments may be submitted in writing at any time prior to the hearing or orally at the
meeting listed above or as may be continued to a later date. If you challenge the above applications
in court, you may be limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the Planning Commission,
at or prior to, the public hearing.
BUTTE COUNTY PLANNING COMMISSION
THOMAS A. PARILO,DIRECTOR DEVELOPMENT SERVICES
To be published in the Oroville Mercury, Chico Enterprise Record, and Paradise Post on Thursday,
November 12, 1998. To be published in the Gridley Herald on Friday, November 13, 1998. 1/8
page display ad, dark border.
y Ai2, �+
�o BUTTE COUNTY
��.
AIR QUALITY MANAGEMENT DISTRICT
W k
2525 Dominic Drive,Suite J LAWRENCE D.ODLE
ply U Chico,California 95928 Air Pollution Control Officer
y
Tel: (530)891-2882 W.JAMES WAGONER
6 len t Fax:(530)891-2878 Asst.Air Pollution Control Officer
October 27, 1998
Craig Sanders, Butte County Department
of Development Services Planning Division
7 County Center Drive
Oroville, CA 95965
Re: Zone Code Amendment 99-02
Dear Mr. Sanders:
The District has reviewed the request for comments for a zone code amendment to allow temporary
construction associated with public works and public utility projects. The District recommends that
in addition to batch plants, other activities which have the potential to result in air pollutants, such as;
combustion sources (diesel engines) and rock crushing, file an application for an Authority to
Construct with the District. Based on the information submitted, the District will determine whether
a permit is required. If the potential emissions are significant Best Available Control Technology
(BACT) or Best Available Mitigation Measures (BAMM) would be recommended as conditions of
approval.
Thank you for the opportunity to comment on the proposed project. If you have any questions,
please contact me at 891-2882.
Sincerely,
Gail Williams
Air Quality Planner
pla wng®1ViSf®n
File No 3451.1
OCT 2 91998
QCT �-
'� 1'q
. .
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: L Thermalito Irrigation
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Department of Development Service,ZCA 99-02
DATE: October 13,1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte County Code Section 24-300(TemnoraU Uses)-adding a
provision to allow temporary construction associated with public works and public utility:projects.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27, 1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
4)4X"
BY CoDate:
P8annina DWI sion
7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-77850 CT 2 2 1995
®rovulo,Calwomia
::. •'
'�
� .1.
^�
J ` �
Environmental Health
BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVCEsrOnmenta!Heat h ®r l 1 5 1998
PLANNING DIVISION Drive
OCT 13 1998 18'e CorovCenter
il,e,CA
TO: Environmental Health 7 County garner otivs
FROM: Butte County'Planning Division Orovllle,Ca
RE: Request for Comments on a Development Application:Department of Development Service,ZCA 99-02
DATE: October 13, 1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte Count+Code Section 24-300(Temporary U_ea l;=add_ mg a
provision to allow temp orary co'�nstruction associated with public works and public utility projects,
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
X PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON December 241998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27,1998!—If no comments or
communications are received by the above date, the assumption will be-made"that youar gency has no comment.
COMMENTS(Attach additional pages if necessary):
Cilr- . ,a ftp _ Q r'
Le
l
By: 8� Date: Aa
7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-77'Planning Division
0r. 1 2Q tg98
®rovillo,Calitornia
—� ,
... ,_
�.,, �,;;,.;,t
��`� � .. s
.. ��
. � -s'.
�.�eA•A b •.!� �T�u�'e�
RECEIVED
0 CT 6 w�� BUTTE COUNTY 0 C T 1 41998
0000DEPARTMENT OF DEVELOPMENT SERVICES CITTY OMA CHGIGO
411199 PLANNING DIVISION
TO: Chico Airport Commission
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Department of Development Service,ZCA 99-02
DATE: October 13,1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
! 1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte County Code Section 24-300(Temporary Uses)-adding a
provision to allow temporary construction associated with public works and public utilit. projects.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27, 1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
No cnmment
r
By: Date:
7 County Center Driv&T Oroville, � nia 95�tE{51 53�� � 7601 FAX 530i5338- 5 E (tLo C�
Cll(__CM DESY� ACM CI�_.ACI�_ P
COUNCIL RM !.__IMD PERS.O
HO DPw CDO PLO oyi PRK 0-
COP Fr_ MAt�AAI PITT_ b--ao I
OTHER_.,
t;4b...
A
j
O c A �;� �
BUTTE COUNTY
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO:
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application:Department of Development Service,ZCA 99-02
DATE: October 13, 1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to .
2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte County Code Section 24-300(Temporary Uses)-adding a
provision to allow temporary construction associated with public works and public utility projects.
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
_X_PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27, 1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
I
i
I
Q
By: Date:
7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785
i
I
a
., r
0•
DEPARTMENT OF DEVELOPMENT SERVICES
BUTTE COUNTY UNIFORM APPLICATION
APPLICANT: Agent information to be provided is on other side:
AP LICANT'S N (If ap Gcant' different from owner an a!$davi is required) ASSE OR'S P CEL NUM
ADDRESS: CITY, STATE&ZIP CODE: FILE NUMBER: (FOR OFFICE USE)
C 9-�
NAME OF P POSED PR JECT(If any) TELEPHONE
LOCATION OF PRO ECT(Major cross stoats and Address, if any) j
GENERAL INFORMATION REQUIRED
OWNER'S NAME TELEPHONE i
ADDRESS: CITY,STATE&ZIP CODE:
i
ZONE GENERAL PLAN EXISTING LAND USE SITE SIZE(in Square Feet or Acres)
I
EXISTING STRUCTURES(in Square Fed) PROPOSED STRUCTURES(in Square Feet)
t
I
(Check One).. (Check One)
I
❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER
❑ PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER
APPLICATION REQUESTED '
. I
❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE SUBDIVISION MAP
❑ REZONE ❑ TENTATIVE PARCEL MAP
❑ USE PERMIT ❑ WAIVER OF PARCEL. MAP
❑ MINOR USE PERMIT ❑ BOUNDARY LME MODIFICATION
❑ VARIANCE ❑ LEGAL LOT DETERMINATION
i
❑ MINOR VARIANCE ❑ CERTIFICATE OF MERGER
C
❑ ADMINISTRATIVE PERMIT ❑ MINING AND RECLAMATION PLAN j
❑ DEVELOPMENT AGREEMENT an'ur m ?:lit✓l+t �e at GcMQMc�
PROJECT DESCRIPTION
FULL DESCRIPTION OF PROPOSED PROJECT(Attach necessary sheets. If this application is for a land division,describe the number and
size of parcels.)
i
i
OWNER CERTIFICATION
I CERTIFY THAT I AM PRESENTLY TIME LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OFTHE HE ASUVE DESCRIBED PROPER'L'Y.
FURTHER,I ACKNOWLEDGE THE FlLJNG OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFURI A'IIUN IS TRUE AND
ACCURATE. (If an agent is to be authorized,execute an sllidavit of suthonzatioo include the affidavit w th this applicauun.)
DATE: SIGNATURE: OAA-C-^
-r
•,,ja.snscaiy,4uno:) a33ng„ o3 ajgrArd)Saga.a)jcyq
• 30 se S si uoc3Eogddr sigi 303 Pa3 3uo ung
•uot=os 1eug uodn pauiruor oq Mm (2tsodop
"CIO uotvod pasnun Aud) 3tso&a io/pue sa3 uontotjddd pannba t Apuatm 2g33o luaurAtd
Q3 tmId -(rj -i'3 .Pts 3dmzag ' Aq uor,L
urld 3ojd 3o sotdo:juopduopa 3oorosd
1
s3uauionnbai SuzuoZ uontzuoqind uaumo
uondcsosaQ IESa-I (s).mgtunM dy ,
:pancaow 3uno= Ye3o,L :pantaoas aIE(I
:f4u. aA
Aqwo asn RDLUo xo3
$gin
saq�su+x��a Pae s»c��!ifs�'Jo amsn�u!sa
:saau!2u3 io/pus 3oa3igo.ry.
a�snet�.s a�rae�is
*=x�a za
(auutu.3aud put uSts) :p.ioaag jo (s)samao
'zm mlu!app pio=.z o3 SuQvai (s) 3uaurnoop
Stnpniouc.3ou 3nq `Smmooid ples to3 f n==u s;uauurtoop U uSzs of pu:t -ma tpdds `sauumoq
`suonwgddr p ioj uoptluasoidai monz uopEzuog3n� scgl, .
togtun&T pamd sjossmy Aiuno:) aung sE pagpuopt `ivadoid Aui uo
r ioj uopeogddr sr�p ss:ooid of pazvotpnE �cp mq ss
=qumx eta pm met'.10 oulw 3d
=ovuas luauidolanaQ3o zuauxLmdaQ `/aung Puna o.L
N0LLtr*=H0E.LaV.LA3f)V
SECTION 24-300 TEMPORARY USES
Temporary uses are short term activities that can be considered compatible with zones as
designated within this section as follows and subject to the Administrative Permit requirements
of Section 24-40:
A. Temporary uses compatible with all zones:
1. Temporary construction office and associated storage of construction equipment
and materials. The use established on a construction site for up to one year,
subject to applicable building permits. The need for the structure shall be
reviewed at the end of the one year period by the Director of Development
Services.
2. Fairs, festivals, rodeos, sporting events, carnivals, circuses, subject to the
applicable requirements contained in Chapter 12 of the Butte County Code.
B. Public works and public utility projects are allowed in any zoning district.
1. The base construction facilities may be located on land in the vicinity of the
public works project, provided that adequate land is not available at the
construction site. A temporary permit may be issued for up to one year. An
extension of time maybe granted for an additional one year period. The site shall
be restored to natural conditions within 30 days of completion of the public
works project. A financial security shall be posted to assure the site is restored.
Such temporary construction sites may not be used during evenings and night,
time hours.
2. ' Temporary construction activities for public works projects includes the `
temporary use of land for rock crushing, batch plants, dredging, contractors
Yards, materials stockpiles, caretakers quarters, and other activities related to
construction, repair or replacement of public works or public utilities.
3. Batch plants, rock crushing activities, and dredging operations shall be located
on permitted mining sites that are either vested or have a current use permit,
along with an approved reclamation plan and bond. The use of the mining site
for a public works project shall not relieve the operator from complying with all
applicable conditions of approval.
4. Batch plants shall secure all applicable air quality, water quality and other local
permits.
LEAD IN SHEET
FILE NO: ZCA 99-02 AP#Counly wide
APPLICANT: Butte County Department of Development Service, 7 County Center Drive,
Oroville, CA 95965
OWNER:
REPRESENTATIVE:
REQUEST: Amendment to Butte County Code Section 24-300 (Tem on r=Uses) - adding a
provision to allow tem oar y construction associated with public works and public utility
nroj ects
SIZE:
LOCATION: County wide
SUPERVISORAL DISTRICT# County wide EXISTING ZONING: County wide
ZONING HISTORY:
SURROUNDING ZONING:
SURROUNDING LAND USE:
SITE HISTORY:
GENERAL PLAN DESIGNATION: County Wide
APPLICABLE REGULATIONS:
Rec'd 10-08-98
7
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Planning®ivision
BUTTE COUNTY o C T -161998
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION ®rOVifl®e Cafifamia
TO: LAFCo
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application:Department of Development Service,ZCA 99-02
DATE: October 13,1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
,1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project, as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte County Code Section 24-300(Temporary Uses)-adding a
provision to allow temporary construction associated with public works and public utility projects,
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
_X PLANNING COMMISSION - —DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27,1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
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By: ohs„ Lucas Date:
7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785
Planning Division
0 C T 14 1998
BUTTE COUNTY 00V1118,rAMOM18
DEPARTMENT OF DEVELOPMENT SERVICES
PLANNING DIVISION
TO: California Department of Forestry
FROM: Butte County Planning Division
RE: Request for Comments on a Development Application: Department of Development Service,ZCA 99-02
DATE: October 13,1998 CONTACT PERSON: Craig Sanders
The Planning Division has received a project application for the property described below. The purpose of this
comment sheet is to:
1. Determine if the information contained in the application is adequate to allow your jurisdiction to review the
project and submit conditions,if any;and to
2. Determine the appropriate environmental documents to prepare for this project,as well as to identify particular
environmental concerns to be addressed or mitigation measures your agency/department may want
incorporated.
If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated
hearing date indicated below. If a response cannot be submitted within the time frame given,or if additional
information is needed,please call 538-7601. Thank you in advance for your time and efforts.
This is an application for an Amendment to Butte Count,Code Section 24-300(TemnoUses)-adding a
provision to allow temporary construction associated with public works and public utility projects,
THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one)
_X_PLANNING COMMISSION - _DEVELOPMENT REVIEW COMMITTEE ON December 24, 1998.
COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN October 27,1998. If no comments or
communications are received by the above date, the assumption will be made that your agency has no comment.
COMMENTS(Attach additional pages if necessary):
i
By: V/ Date:
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7 County Center Drive -Oroville,California 95965 -530-538-7601 -FAX 530-538-7785
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COMMENT DISTRIBUTION LIST
APPLICATION:
DATE:
County Offices and Cities:
A,�- ✓X_Chief Administrative OfficerDevelop.Services Director Public Works Director
T X_ Environmental Health _ Assessor Building Manager
Sheriff _ BCAG ALUC
LAFCo kPCD ,t 1 kIkO Butte Co.Farm Bureau
Biggs _ Gridley 10 do14� Chico
Oroville _ Paradise Q Chico Airport Commission
Animal Control _X_ Agricultural Commission
Irrigation District: /
Butte Water ✓ Biggs/W.Gridley Water Durham Irrigation
�� OWID Paradise Irrigation Richvale Irrigation
Jam/ Table Mountain Irrigation Thermalito Irrigation Other
Domestic Water /
Butte Water District California Water Service Co. ✓✓ Del Oro Water Co.
OWID _ Thermalito Irrigation District _ Other
Sewer
_ Butte Water District Themalito Irrigation _ Sterling City Sewer Main
Skansen Subdivision(CSA 21) L.O.A.PUD
JF .Protection
_ California Department of Forestry _ EI Medio Fire Protection District
Recreation Districts
_ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park
Paradise Recreation&Park Richvale Recreation &Parks
til/ides
✓ PG&E North-Chico V Chambers Cable TV J .� Pacific Bell
JPG&E South-Oroville Viacom Cable TV
State Agencies
J✓ CalTrans (Traffic) _ Dept.of Water Resources Dept.of Fish and Game
Forestry(Attn:Craig Carter) _ Dept of Parks and Rec. Highway Patrol
Central Reg.Water Quality Cont. _ Caltrans,Aeronautic Program
Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations
Dept.Social Services,Comm.Care Licensing
Federal Agencies
US Forest Service _ US Bureau of Land Management _ US Fish&Wildlife Service
Army Corps of Engineers
Other Districts,Agencies,Committees,etc.
Lime Saddle Dist _ Community Association _ Mosq.Abatement.Oroville/Butte Co
Drainage _ Butte Env.l Council _ Paradise Pines Com. Assoc.
Reclamation _ Cal Native Plant Society _
Butte Co.Mining Committee _ Forest Ranch Community Assoc.
Butte Ck.Watershed Conservancy_
School Districts
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