HomeMy WebLinkAbout41641
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Urgency Ordinance No. 4164
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE II,
ENTITLED "DEBRIS REMOVAL," TO ALLOW TEMPORARY LOG STORAGE YARDS,
AS WELL AS ARTICLES III AND IV, TO AMEND THE TRANSITORY PERIOD
AND SETBACK REQUIREMENTS, OF CHAPTER 53, ENTITLED "CAMP FIRE
DISASTER RECOVERY ORDINANCE."
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Emergency Findings.
This Urgency Ordinance is adopted pursuant to California
Government Code Sections 25123(d) and 25131 and shall take effect
immediately upon its approval by at least a four-fifths vote of
the Board of Supervisors. The Board, in consultation with the Local
Health Officer, finds that this Ordinance is necessary for the
immediate preservation of the public peace, health and safety,
based upon the following facts:
A. Conditions of extreme peril to the safety of persons and
I"
property within the County were caused by the Camp Fire,
commencing on the 8th day of November, 2018, at which time
the Board of Supervisors was not in session.
California Government Code Section 8630 empowers the County
Administrator to proclaim the existence of a local emergency
when the county is affected or likely to be affected by a
public calamity, subject to ratification by the Board of
Supervisors at the earliest practicable time.
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On November 8, 2018, the County Administrator of the County)
of Butte proclaimed the existence of a local emergency within)
Butte County due to the Camp Fire.
On November 8, 2018, the Acting Governor of the State of
California proclaimed a State of Emergency for Butte County
pursuant to the California Emergency Services Act, commencingli
with Section 8550 of the Government Code, and on November 14,I
2018, the Governor issued Executive Order B-57-18 concerning
the Camp Fire.
On November 9, 2018, the Camp Fire was still burning through
the County and despite firefighters' best efforts, the
wildfire was not contained. Evacuation orders were in place
and numerous severe public health and safety hazards were
present in the Camp Fire area, including many blocked roads
from fallen power lines, burned trees and vehicles, numerous
burned vehicles were left throughout the Camp Fire area due
to survivors fleeing their vehicles in efforts to survive the
wildfire, no available utilities, no available public
services and
the
presence
of human
remains
and
animal
carcasses. At
the
time, the
County
estimated
that
2,000
structures had burned in .the Camp Fire.
On November 9, 2018, Dr. Andrew Miller, Butte County's Local
Health Officer, issued a Declaration of Health Emergency
pursuant to California Health and Safety Code section 101080.
Dr. Miller's declaration stated that the local health
emergency was a consequence of the debris resulting from the
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Camp Fire that contains hazardous material in the ash of the
burned qualifying structures. The purpose of the Declaration
was to address the immediate threat to the public health and
the imminent and proximate threat of the introduction of
contagious, infectious or communicable disease, chemical
agents, non -communicable biologic agents, toxins and/or
radioactive agents present at the time in the Camp Fire area.
The threats included (1) the enormous amount of fire debris
present in the Camp Fire area, including ash and debris
containing hazardous materials and probable radioactive
materials present in ash and debris from qualifying
structures, (2) the threat of infectious or communicable
disease and/or non -communicable biologic agents due to animal
carcasses, radioactive waste and perishable foods, (3) the
potential contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (4) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures.
G. On November 12, 2018, the President of the United States
declared the existence of a major disaster in the State of
California, providing assistance from many federal agencies,
including the Federal Emergency Management Agency (FEMA).
H. On November 13, 2018, the Board of Supervisors adopted
Resolution No. 18-169 ratifying the County Administrator's
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proclamation of the existence of a local emergency in Butte
County. The resolution also requested that the State of
California waive regulations that may hinder response and
recovery efforts, as well as make available assistance under
the California Disaster Assistance Act or any other state
funding, and that the Federal Government expedite access to
federal resources and any other appropriate federal disaster
relief program.
On November 13, 2018, the Board of Supervisors ratified Dr.
Miller's Declaration of Health Emergency.
On November 21, 2018, the status of the Camp Fire area was as
follows: firefighters had contained the Camp Fire; the
Sheriff had lifted some evacuation orders; work crews had
removed fallen power lines, burned vehicles and trees
blocking the roads; utilities including electric power, gas
and non -potable water had become available; no local
businesses were open to serve the public; and no public
services were available. Further, preliminary actions had
been taken to mitigate the risk from animal carcasses,
radioactive waste and perishable foods in the Camp Fire area,
however, concerns regarding the threats remained. The public
health hazards present in the Camp Fire area included (1) the
public health hazards from the enormous amount of fire
debris, (2) the public health hazard from the hazardous
materials and probable radioactive materials present in the
ash and debris from destroyed qualifying structures, (3) the
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threat of infectious or communicable disease and/or non-
communicable biologic agent due to the presence of animal
carcasses, perishable foods and radioactive waste and (4) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures. At the time, the County estimated that the Camp
Fire had destroyed 18,000 structures.
On November 21, 2018, Dr. Miller issued a Hazard Advisory
strongly suggesting residents should not reside on property
with qualifying structures damaged or destroyed by the Camp
Fire until the property had been cleared of hazardous waste,
ash and debris and certified clean by the Department of Public
Health, Environmental Health Division. When the evacuation
orders were lifted, the Department of Public Health provided
residents who chose to visit their property to collect
valuables with re-entry packets to improve their safety
during the visit. The re-entry packets included personal
protective equipment and information on the dangerous
conditions and toxic materials present in the Camp Fire area.
The re-entry packets were intended to improve public safety
from the public health hazards encountered during the visit,
but was not intended to encourage long-term habitation. The
purpose of the Hazard Advisory was to address the public
health hazards present at the time in the Camp Fire area,
including (1) the enormous amount of fire debris present in
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the Camp Fare area, (2) the hazardous materials and probable'
radioactive materials present in ash and debris from'
qualifying structures, (3) the lessened but still present
threat of infectious or communicable disease and/or non-
communicable biologic agents due to animal carcasses,
radioactive waste and perishable foods, (4) the potential
contamination or destruction of the residential and
commercial water supply in the Camp Fire area and (5) the
potential pollution of the drinking water downstream from the
Camp Fire area if weather conditions caused the spread of the
hazardous materials in the ash and debris of burned qualifying
structures.
L. The Camp Fire to date has consumed 153,336 acres and has led
to the destruction of 13,696 residences, damage to 462
residences, the destruction of 276 multiple family
residences, the destruction of 528 commercial buildings,
damage to 102 commercial buildings, the destruction of 4,293
other minor structures, and resulted in the evacuation of
over 50,000 people. As a result, the Camp Fire has created an
enormous amount of debris.
M. There exists the potential for widespread toxic exposures and
threats to public health and the environment in the aftermath
of a major wildfire disaster, and debris and ash from
residential and commercial structure fires contain hazardous
materials and the harmful health effects of hazardous
materials produced by a wildfire are well-documented.
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The combustion of building materials such as siding, roofing
tiles, and insulation results in dangerous ash that may
contain asbestos, heavy metals and other hazardous materials.
Household hazardous waste such as paint, gasoline, cleaning
products, pesticides, compressed gas cylinders, and chemicals
may have been stored in homes, garages, or sheds that may
have burned in the fire, also producing hazardous materials.
Exposure to hazardous materials may lead to acute and chronic
health effects and may cause long-term public health and
environmental impacts. Uncontrolled hazardous materials and
debris pose significant threats to public health through
inhalation of dust particles and contamination of drinking
water supplies. Improper handling can expose residents and
workers to toxic materials, and improper transport and
disposal of fire debris can spread hazardous substances
throughout the community.
Standards and removal procedures are needed immediately to
protect the public health and environment, and to facilitate
coordinated and effective mitigation of the risks to the
public health and environment from the health hazards
generated by the Camp Fire disaster.
The Camp Fire has created hazardous waste conditions in Butte
County in the form of contaminated debris from household
hazardous waste/materials and structural debris resulting
from the destruction of thousands of structures. This
hazardous waste debris poses a substantial present or
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potential hazard to human health and the environment until
the property is certified clean. The accumulated exposure to
hazardous waste debris over an extended period of time poses
a severe hazard to human health.
The Board of Supervisors previously approved urgency
ordinances and/or related resolutions relating to the Camp
Fire disaster recovery on December 11, 2018, December 21,
2018, January 8, 2019, January 29, 2019, February 4, 2019,
February 12, 2019, February 24, 2019, and April 23, 2019. The
actions addressed the need for the regulation of debris
removal to alleviate the public health, safety and welfare
concerns associated with the ash and debris of qualifying
structures and temporary emergency housing options.
As of February 4, 2019, the status of the Camp Fire disaster
recovery is as follows: (1) Phase I cleanup by the U.S.
Environmental Protection Agency and the California Department
of Toxic Substances Control is complete, which has reduced
the public health concerns relating to the most hazardous
materials present in the Camp Fire area, (2) Phase II of the
cleanup pursuant to the Government (CalOES) Program and the
Alternative Program has commenced, (3) utilities are
available (except for potable water), (4) numerous businesses
have opened to serve the public, (5) public services are
available, including a FEMA and CalOES jointly -operated
Disaster Recovery Center in Paradise, California. Current
threats include (1) the enormous amount of fire debris present
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in the Camp Fire area, (2) hazardous materials and probable
radioactive materials present in ash and debris from
qualifying structures, (2) the potential pollution of the
drinking water downstream from the Camp Fire area if weather
conditions caused the spread of the hazardous materials in
the ash and debris of burned qualifying structures. The
purpose of this ordinance is to allow residents to live on
properties in the Camp Fire area that do not contain fare ash
and debris from a qualifying structure destroyed or damaged
by the Camp Fire.
T. The Debris Removal Operations Plan for the Camp Fire prepared
by the CalOES/CalRecycle Incident Management Team provides
that the DTSC has issued reports regarding the assessment of
burn debris from wildfires in the past. The studies of burned
residential homes and structures from large scale wildland
fires indicated that the resulting ash and debris can contain
asbestos and toxic concentrated amounts of heavy metals such
as antimony, arsenic, cadmium, copper, lead, and zinc.
Additionally, the ash and debris may contain higher
concentrations of lead if the home was built prior to 1978
when lead was banned from household paint in the United
States. The reports indicated that the residual ash of burned
residential homes and structures has high concentrations of
heavy metals that can be toxic and can have significant impact
to individual properties, local communities, and watersheds
if the ash and debris is not removed safely and promptly. The
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plan also indicates that the purpose of the structural debris'
removal program is to remove debris that poses a risk to
health and/or the environment. Debris from structures smaller
than 120 square feet are not included in the program.
The Local Health Officer, Dr. Miller, has indicated the
following: (1) the Phase II cleanup of the properties
containing ash and debris from a qualifying structure
mitigates the public health hazards of the Camp Fire; (2)
failing to clean properties containing ash and debris from a
qualifying structure can have severely negative long-term
consequences to the public health and environment; (3)
therefore, the County's focus must be on accomplishment of
the Phase II cleanup to address the public health hazards;
(4) the standard for determining when a property is clean
from ash and debris from a qualifying structure is when the
Phase II cleanup work is complete and the property is
certified clean by the Department of Public Health,
Environmental Health Division; (5) as ash and debris of
qualifying structures is the focus of the Phase II cleanup
work, the significance of the public health risks is higher
on properties with ash and debris from a qualifying structure;
(6) given the progress the Camp Fire disaster recovery has
made with respect to the hazards identified in the findings
above, the remaining significant public health hazard is the
ash and debris from qualifying structures; (7) based on the
foregoing, properties that contain ash and debris from
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qualifying structures constitute a significant public health
risk and therefore, those properties should be ineligible for
temporary emergency housing until Phase II cleanup work is
completed on the property and is certified clean by the
Department of Public Health, Environmental Health Division;
and (8) properties that do not contain ash and debris from a
qualifying structure do not pose a significant public health
risk and should be eligible for temporary emergency housing.
Where is an immediate need for housing to accommodate persons
who have been displaced by the Camp Fire. This Chapter
temporarily relaxes some building and zoning regulations to
allow for additional housing both inside and outside of the
Camp Fire affected area for displaced persons. Due to the
magnitude of the destruction, there is a need to provide for
sufficient housing options both inside and outside of the
Camp Fire affected area.
The Camp Fire burned many trees. Burned trees pose a hazard
because they may fall on the right-of-way, utility lines, and
structures or individuals. Arborists are assessing burned
trees to determine the hazard they pose. It is estimated that
as many as 500,000 trees will be cut and transported out of
the Camp Fire area. Butte County allows timber processing by -
right in certain zones, such as the Timber Mountain, Timber
Protection, and Heavy Industrial zones. Timber processing is
also allowed with a use permit in the General Industrial zone.
Most of the Timber Mountain and Timber Protection zoned
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properties are located higher up in the mountains and not on
the way to where the logs will be processed requiring
backtracking if these sites were used. It is also not clear
that these sites would be able to accommodate the number of
trees that will be cut. While there are some Heavy and General
Industrial zoned properties, they are not sufficient to
accommodate the expected number of trees that will be cut and
transported out of the Camp Fire area. There is an urgent
need to store and sort logs and incidental log related
materials before they are taken to the location where they
will be processed. The capacity of processing facilities
cannot accommodate the number of logs and incidental log
related materials as they are cut and transported, so there
is a need for more local storage sites to allow for later
transport to processing sites as the materials can be
accommodated. This ordinance temporarily relaxes zoning
standards to allow for temporary log storage yards in some
additional zones with provisions that the land be restored to
its prior state after the temporary use is discontinued.
Because there is a need for additional sites, and the need is
to accommodate logs from trees burned in the Camp Fire area,
the sites should be located near State highways and truck
haul routes that access the Camp Fire area. The sites should
also be located outside of urban and congested areas. Possible
sites in the desired locations that are sufficiently large to
accommodate a temporary log storage yard are predominantly
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zoned for agricultural use and are classified as grazing or
other lands by the California Department of Conservation's
Farmland Mapping Program. It is the goal of Butte County, as
shown in its general plan and zoning ordinance, Lo preserve
agricultural lands for continued future agricultural use.
However, the Board of Supervisors finds that if a temporary
log storage yard is operated according to the standards
imposed by this ordinance, future damage to these sites will
be mitigated or eliminated and full restoration to a future
agricultural use should be achieved. The ability to restore
future agricultural use is much greater on grazing and other
lands than on more intensively used agricultural lands, such
as prime agricultural lands, and the Board finds that the
temporary log storage yard use should be limited to
agricultural lands that are classified as grazing and other
lands by the California Department of Conservation's Farmland
Mapping Program.
Y. The Board of Supervisors finds that log storage yards should
be allowed as a temporary use, but also finds that the need
to store logs can be met by allowing only a limited number of
larger parcels or aggregations of parcels to receive
permission to have a temporary log storage yard. The Board
finds that no more than fifteen (15) yards are required to
store the projected number of logs from trees to be removed
from the Camp Fire area. The Board finds that aggregating
parcels to allow this use is appropriate to temporarily
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accommodate the need for log storage yards because having
larger areas allows the number of log storage yards to be
limited and allows for proper buffers to adjoining properties
and adequate room for safety standards.
It is essential that this Ordinance become immediately
effective (1) to mitigate the harm that could be caused to
the public health and safety and to the environment from the
improper disturbance, removal and/or disposal of debris
containing hazardous materials, and to facilitate the orderly
response to the Camp Fire disaster; and (2) to allow the
fastest possible transition of homeless and displaced
residents to interim and long-term shelter.
ISection 2. Section 53-10 is amended to read as follows:
ISection 53-10. Definitions.
Alternative Program. For purposes of this Article, the term
"Alternative Program" shall mean the requirements for inspections,
clean up and disposal established by the County of Butte for
property owners that opt out of or are ineligible for the OES
Program.
Board. The term "Board" means the Board of Supervisors.
Director. The term Director shall mean the Butte County Director
of Public Health and his/her designee.
OES Program. For purposes of this Article, the term "OES Program"
shall mean the fire damage debris clearance program operated by
the Office of Emergency Services for the Camp Fire in conjunction
with other State and Federal agencies.
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Phase I. For purposes of this Article, the term "Phase I" shall
mean the hazardous waste cleanup performed by the United States
Environmental Protection Agency and/or Department of Toxic;
Substances Control on certain properties impacted by the Camp Fire.
Phase II. For purposes of this Article, the term "Phase II" shall
mean the ash and debris cleanup work performed pursuant to the OES
Program and/or the Alternative Program.
Private Action. For the purposes of this Article, the term "private
action" shall mean the removal of fire debris from private property
damaged by the Camp Fire by persons not eligible for or opting out
of the OES Program and participating in the Alternative Program.
Qualifying structure. For the purposes of this Article, the term
"qualifying structure" shall mean a structure of 120 square feet
and over.
Removal of Fire Debris. The term "removal of fire debris" as used
in this Article includes all cleanup of fire debris from structures
resulting from the Camp Fire, including removal, transport and
disposal of fire debris, but it does not include the removal of
personal property from residential sites unless such removal of
personal property involves cleanup and the removal of ash from the
property.
Right of Entry Permit. The term "Right of Entry Permit" means the
Debris Removal Right -of -Entry Permit (For Providing Debris Removal
on Private Property) approved by the California Office of Emergency
Services for use in the cleanup after the Camp Fire.
Temporary Log Storage Yards (AKA: Log Decks). For purposes of
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this Article, a site where piles of logs and other piles of
incidental log related materials removed from the Camp Fire
affected area are temporarily stored before transfer to trucks or
rail. Only logs that are transported by log trucks may be stored
at Temporary Log Storage Yards, and the logs must be associated
with the Camp Fire recovery effort, i.e., logs that are burn -
damaged or otherwise removed due to safety issues associated with
the Camp Fire. Wood waste and other vegetation from the Camp Fire
area shall not be stored at Temporary Log Storage Yards. Logs and
wood waste originating from routine utility line maintenance or
harvested as part of a timber harvest plan or exemption under the
Forest Practice Rule shall not be stored at Temporary Log Storage
Yards. A temporary log storage yard shall not exist beyond the
Effective Period. No structural fire debris or hazardous materials
may be brought onto or stored in the yard including any that may
have been deposited on logs. Temporary Log Storage Yards do not
allow the processing of logs (e.g., chipping, burning, milling,
etc.) but may include associated equipment repair, construction
trailers, employee parking and portable bathroom facilities set up
for use by the personnel assigned to the yard, but not residences
other than the transitory use of a recreational vehicle for a
temporary caretaker quarters In conformance with Section 53-34 of
this Chapter.
Section 3. Section 53-19 is added to read as follows:
Section 53-19. Temporary Log Storage Yards.
A. Maximum Number of Sites. The number of temporary log
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storage yards shall be capped at a maximum of fifteen (15)
for the unincorporated area of Butte County.
B. Allowed zones.
1. Natural Resource Zones. Timber Processing, as defined
by the Butte County Zoning Ordinance is allowed by -
right in the Timber Mountain (TM) and Timber
Production (TPZ) zones. The provisions of this
section do not apply to log storage yards in these
zones.
2. Industrial Zones. Timber Processing, as defined by
the Butte County Zoning Ordinance is allowed by -right
in the Heavy Industrial (HI) zone, and with a
conditional use permit in the General Industrial (GI)
zone. The provisions of this section do not apply to
log storage yards in these zones.
C. Zones Requiring an Administrative Permit. Temporary log
storage yards are allowed subject to approval of a
temporary administrative permit and compliance with the
standards set forth below in the following zones:
1. Agriculture (AG) Zones, limited to those Agricultural
zones classified as Grazing or Other lands by the
California Department of Conservation's Farmland
Mapping Program. Parcels shall be located near State
highways or truck haul routes that access the Camp
Fire area and outside of urban or congested areas.
2. General Commercial (GC) zone.
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3. The Neal Road Recycling, Energy, and Waste Facility
Overlay Zone (-RW).
D. Standards. All temporary log storage yards shall meet the
following standards:
1. Application for Temporary Administrative Permit. The
property owner or the property owner's authorized
agent shall obtain a temporary administrative permit
for the Effective Period. Written consent of the
property owner is required in all cases.
2. Site Plan Required. A detailed site plan meeting
general architectural or engineering standards,
legible and drawn to scale shall be provided with the
application for a temporary administrative permit.
Partial site plans for a portion of a property may be
submitted as long as a vicinity map for the entire
property showing frontage streets, other uses and a
cross reference of the area of the partial site plan
is provided. All site plans shall show and label
contours at maximum vertical intervals of five feet;
areas of proposed grading and fill; the width of
access roads to and around parking, log piles and
other piles, and buildings; and turnaround areas for
fire and emergency services.
3. Siting Criteria. To the extent practicable, temporary
log storage yards shall be located on flat areas of
the site that are already disturbed.
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4. Parcel Size. The temporary log storage yard site shall
be a minimum of 20 acres regardless of the actual area
used for the temporary log storage yard. Adjacent
parcels may be utilized to achieve this standard,
provided each owner's consent is provided with the
application. All parcels must be shown on the
application, the site plan, and all property owners
shall provide written permission.
5. Approved Access. Temporary log storage yards shall
have access onto a public road. If the public road is
a County road, the approach shall be made with an
encroachment permit approved by the Department of
Public Works. If the public road is a State highway,
the approach shall be made with an approved
encroachment permit issued by the California
Department of Transportation (CalTrans) District 3
Office. If the public road is accessed by a private
road, there shall be an approved encroachment permit
as required in the prior two sentences where the
private road connects to the public road, and there
shall be an approved road maintenance agreement that
allows for the proposed use along the private road.
6. On-site Roads, Driveways and Aisles. Temporary log
storage yards shall have on-site roads, driveways and
aisles. On-site roads, driveways and aisles shall have
a 6 inch Class 2 aggregate base, a minimum width of 25
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feet, and shall be capable of supporting a 40,000 lb.
load that will allow for ingress and egress of fire
apparatus to within 150 feet of all piles and
structures, and shall have a vertical clearance of no
less than 15 feet.
7. Property Line Setbacks and Defensible Space. All log
piles and other piles shall be setback a minimum of
150 feet from all outside property lines and any
permanent structures. There shall be an area of
defensible space that is a minimum of 150 feet wide
around the perimeter of the temporary log storage area
that shall not be graded but shall be kept clear of
grass and vegetation to support fire protection by
clearing, disking, grubbing, and/or scraping. CAL -FIRE
shall have discretion to address unique circumstances.
8. Biological Resources. Temporary log storage yards
shall not be located on lands containing wetlands,
and/or endangered and protected plants and animal
species. A biological report shall be furnished to
the Department of Development Services demonstrating
that the site does not contain wetlands and/or
endangered or protected plants and animal species. A
temporary log storage yard shall not expand without
providing a site plan and a biological report to cover
the expanded area.
9. Butte County Fire Department/CAL-Fire Standards.
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Temporary log storage yards and the associated
activities performed with them pose the risk of fire
if fire suppression measures are not taken. The
activities include working with and storing flammable
materials in areas that have little to no water on-
site and that are subject to fire. The County is
setting the fire standards it believes are
appropriate, but there are also State standards set
out in California Fire Code Chapter 28 with respect to
all log storage yards and incidental wood products
stored there. Fire officials shall enforce the most
stringent standards. Per California Public Resource
Code, Section 4428, each site shall have a sealed box
of tools that shall be located, within the operating
area, at a point accessible in the event of fire.
This fare toolbox shall contain: one backpack pump -
type fire extinguisher filled with water, two axes,
two McLeod fire tools, and a sufficient number of
shovels so that each employee at the operation can be
equipped to fight fire. In addition, one or more
serviceable chainsaws of three and one-half or more
horsepower with a cutting bar 20 inches in length or
longer shall be immediately available within the
operating area.
a. When a fire starts, a telephone call must be made
to 911 immediately to inform that there is a
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fire. The facility operator shall develop a pian
for monitoring, controlling, and extinguishing
fires. The plan shall be submitted with the
application for the temporary administrative
permit for review and approval by fire officials.
b. Smoking may only occur in designated locations
shown on the site plan.
C. Log piles shall not exceed 20 feet in height, 300
feet in width, and 500 feet in length. Log piles
shall be stabilized by a means approved by the
fire code official.
d. Other piles made of incidental log related
materials shall not exceed 20 feet in height, 150
feet in width, and 250 feet in length.
e. All piles shall be separated from all other piles
by 100 feet and shall include on-site roads,
driveways, and aisles as discussed above.
f. All piles shall be monitored by a means approved
by the fire code official to measure
temperatures. Internal pile temperatures shall be
monitored and recorded weekly. A plan for
restricting and mitigating excessive temperatures
shall be submitted with the application for the
temporary administrative permit for review and
approval by fire officials.
g. Regular inspections of the temporary log storage
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yard by trained fire personnel shall be allowed
and facilitated by the facility operator.
h. Cutting activities shall comply with California
Fire Code Chapter 35.
10. Butte County Public Health, Environmental Health
Division Standards.
a. After the temporary log storage yard use has
ended, remaining native soil shall be tested in
accordance with the process required for Wild
Fire Debris Removal for the County of Butte to
determine whether it is free of contamination as
per standards established in the Camp Fire
Consolidated Debris Removal Operation by Cal
Recycle. In the case of soils exceeding said
contamination standards, remediation will be
required to be performed in the same manner as in
the Butte County Alternative Debris Removal
Program, which includes the excavation of soil
and then re -testing. The Butte County
Environmental Health Division will provide review
and approval of soil sampling protocol and
analysis of results.
b. Depending on the activities performed on-site,
the temporary log storage yard may be determined
to be a solid waste facility. The facility
operator must provide access to the facility and
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provide for review of the activities occurring at
the facility to the Local Enforcement Agency,
Butte County Environmental Health, to determine
if there exists a requirement to register for a
permit status as a solid waste facility in
accordance with Title 14 of the California Code
of Regulations.
C. For sanitation purposes there shall be a minimum
of one portable toilet and one handwash station
at the facility for employee use. The portable
toilet shall be routinely serviced by a licensed
service provider.
d. For water that is provided for human consumption,
either from an on-site well or transported to the
facility and held in a storage tank, the facility
operator must meet the following requirements: if
there are 25 or more people/day consuming the
water, the facility operator shall contact the
Butte County Environmental Health Division for
public water system permitting requirements and
must operate in accordance with those
requirements; if there are fewer than 25
people/day consuming the water, the facility
shall have the water tested for and be in
compliance with minimum bacteriological standards
as required by the Butte County Environmental
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Health Division. If bottled water is provided,
there are no requirements for testing.
e. The storage of any hazardous material at or above
State -defined thresholds shall require the
approval of a Hazardous Material Business Plan by
the Environmental Health Division of the
Department of Public Health.
11. Butte County Public Works Department Standards.
a. Perimeter stormwater control - When the temporary
log storage yard is prepared for operations or
the soil is disturbed, improvements shall be
designed and implemented such that water
accumulating within the project will be carried
away from the project without injury to any
adjacent improvements, residential sites, or
adjoining areas. The design shall be prepared by
a Qualified Stormwater Developer who holds the
certification required by the CA Water Quality
Control Board's Construction General Permit 2009-
009-DWQ. All natural drainage that enters the
project area must leave the project area at its
original horizontal and vertical alignment and
with the same pre -improvement quantity.
Implementation of erosion control within the
project area and sediment control basins at
drainage outlets shall conform with California
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Stormwater Quality Association (CASQA) design
criteria. Sites that meet EPA's criteria for a
Rainfall Erosivity Waiver
(https://www.epa.gov/sites/production/files/2015-
10/documents/fact3-l.pdf) or are fully stabilized
with erosion control measures are not required to
install sediment control basins.
b. Water quality and erosion control - When
submitting an application for a temporary log
storage yard, any surface disturbance over one
acre in size shall require a Storm Water
Pollution Prevention Plan (SWPPP) by a certified
Qualified SWPPP Developer and the submittal of a
Notice of Intent to obtain coverage under the
General Permit for Discharges of Storm Water
Associated with Construction Activity
(Construction General Permit Order 2009-0009-DWQ
as amended). If the area of disturbance is one
acre or less, then along with an application for
a temporary log storage yard, an Erosion and
Sediment Control Plan (SSCP) shall be developed
by the facility operator, submitted for approval,
and adhered to for erosion and sediment control.
The SSCP shall contain a description detailing
which Best Management Practices (BMP) will be
used, how they will be used, and where they will
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be used in conformance with the California
Stormwater Quality Association (CASQA) BMP
Municipal Handbook. The SSCP shall contain a
description of temporary and permanent measures
and include ingress/egress control measures and
street sweeping. Plans shall be prepared by a
Qualified Stormwater Developer who holds the
certification required by the CA Water Quality
Control Board's Construction General Permit 2009-
009-DWQ. Upon completion of the project, all
temporary sediment control measures shall be
removed from the site. All permanent sediment
control measures must be maintained by the parcel
owner.
1.2. Air Quality and Dust Control. All best practice
measures to reduce impacts to air quality shall be
incorporated by the project applicant, subject
property owners, or third -party contractors during
activities on the project site. A plan shall be
provided to the satisfaction of the Director of
Development Services to address:
a. Mobile and stationary toxic air contaminants; and
b. Fugitive dust and ash. Best practice measures
shall comply with the Butte County Air Quality
Management District's Rule 205 - Fugitive Dust
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Requirements and shall include, but not be
limited to, the following:
1. Reduce the amount of the disturbed area
where possible. Stabilize disturbed area
soils during use and at project completion.
2. Apply water or a stabilizing agent in
sufficient quantities to prevent the
generation of visible dust plumes.
3. Limit vehicle speeds to 15 miles per hour on
any unpaved surfaces at the project site.
4. Clean visible track -out onto adjacent paved
roadways daily. Track -out shall not extend
more than 25 feet in cumulative length from
the active project site.
5. Post a sign in a prominent location visible
to the public with the telephone numbers of
the contractor and Air District for any
questions or concerns about dust from the
project.
13. Storage or Processing of Debris Prohibited. The
storage or processing of debris from the Butte County
Camp Fire Consolidated Debris Removal Program at any
temporary log storage yard, including the storage of
trucks or equipment loaded with debris, is expressly
prohibited.
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14. Noise. Quiet hours shall be maintained from 7 pm to 7
am, during which time generators and heavy equipment
shall not be operated and noise levels shall conform
to Butte County Code Chapter 41 A, Noise Control.
15. Outdoor Lighting. All outdoor lighting shall be
located, adequately shielded, and directed such that
no direct light falls outside the property line, or
into the public right-of-way in accordance with the
Butte County Zoning Ordinance, Article 14, Outdoor
Lighting.
16. Reclamation Required. The application for a temporary
administrative permit for a temporary log storage yard
shall be accompanied by a detailed plan for the
restoration or reclamation of the subject property to
the satisfaction of the Director of Development
Services. There shall be no grading of the site
without the prior approval of the Director of
Development Services, but if grading is allowed,
topsoil shall be conserved to be used for reclamation.
At minimum, a plan for restoration or reclamation
shall include:
a. Clearance of the site of all vehicles, equipment
and materials utilized as part of the temporary
log storage yard; and
b. Stabilization of the site, implementation of
erosion control measures, and successful
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revegetation to the satisfaction of the Director
of Development Services in order to render the
site suitable for the use for which it was zoned,
for example:
1. Continued agricultural production in the
case of lands zoned Agriculture (AG).
17. Performance Guarantee. In approving a temporary
administrative permit for a temporary log storage
yard, the Director of Development Services shall
require a performance guarantee as provided by Section
24-245 of the Butte County Code in the amount of
$2000.00 per acre of land disturbed in order to
guarantee the proper completion of any approved work
and to ensure that site reclamation is completed to
the satisfaction of the Director of Development
Services. Lands shall be restored or reclaimed to the
satisfaction of the Director of Development Services
prior to release of the performance guarantee.
18. Electricity and Electrical Equipment. If new
electricity connections are brought to the site, a
building permit is required. Electrical wiring and
equipment shall comply with the California Electrical
Code.
19. Additional Requirements. The temporary administrative
permit may be subject to additional requirements from
Butte County Fire, Butte County Public Works, the
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Butte County Air Quality Management District, the
California Department of Transportation, the Butte
County Public Health Department, and the State
Regional Water Quality Control Board.
IE. Notice
At least ten (10) days prior to issuance of a temporary
administrative permit, pursuant to this section, the Butte
County Department of Development Services shall provide a
mailed notice to property owners within 1,200 feet of the
property line of the subject parcel(s). The notice shall
include all applicable standards and limitations placed
upon the temporary log storage yard, the Butte County
administrative permit number, as well as the name, phone
number and email of a designated contact for concerns
regarding the yard's operation. The temporary
administrative permit shall be issued without a formal
hearing, unless one is requested by either the applicant or
other affected persons. If a hearing is requested, it
shall be scheduled for the next available Planning
Commission meeting and the Planning Commission shall hear
the request. Unless otherwise appealed, the decision of
the Planning Commission shall be final.
11F. Violations, Enforcement, and Penalties.
1. A temporary log storage yard that is operating in
violation of this section poses a health and safety
hazard and is found to be a public nuisance.
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2. The Director of Development Services may initiate
enforcement using any process set forth in the Butte
County Code, including, but not limited to, Code
Enforcement pursuant to Chapter 41 and Nuisance
Abatement pursuant to Chapter 32A, and may seek the
imposition of costs and civil penalties pursuant to
the Butte County Code. Nothing in this provision is
intended to prevent alternative enforcement
mechanisms.
3. if the Chapter 41 Code Enforcement process is used,
the penalties set forth in section 41-5 are increased
because the health and safety hazards to the public
are greater than in the general code enforcement
context. The increased penalties are a fine of one
thousand dollars ($1,000.00) for the first conviction,
a fine of three thousand dollars ($3,000.00) for the
second conviction within a twelve (12) month period,
and a fine of five thousand dollars ($5,000.00) for a
third conviction, as well as all additional
convictions, within a twelve (12) month period.
Section 4. Section 53-33 is amended to read as follows:
Section 53-33. Definitions.
Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
Approved Mining Site. The portion of a parcel or parcels of land
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1with a valid mining permit, reclamation plan and financial)
assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
Basecamp. A site that includes some or all of the following
features: equipment staging/storage; employee housing; commissary;
laundry; and other services for the purpose of providing workforce
housing for Camp Fire Recovery efforts or shelter of displaced
persons.
Cal OES. The Governor's Office of Emergency Services.
Camp Fire. A 153,336 -acre wildfire that started near the community
of Pulga on November 8, 2018, destroying over 18,000 structures,
which forced the evacuation of the Town of Paradise, Berry Creek,
Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
Hill, and other areas near the Cities of Chico and Oroville, and
proclaimed by the Board of Supervisors under Resolution 18-169, as
a local emergency, and also proclaimed by then Acting Governor
Gavin Newsom as a state of emergency. CAL FIRE maintains a map
showing the final boundaries of the Camp Fire, as of November 25,
2018 at 100 percent containment.
Director. The Director of the Department of Development Services
or his or her authorized representative.
Displaced Person(s). A county resident or residents whose
residential dwelling has been destroyed or damaged by the Camp
Fire, such that the resident(s) cannot occupy the dwelling.
Displaced person(s) may be required to provide verification to the
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county to substantiate their eligibility for uses, permits and/or
approvals described in this article. Evidence may consist of
verification by Federal Emergency Management Agency (FEMA)
registration or damage assessment, and/or a driver's license or
other government -issued identification card or utility bill, etc.
with a physical address showing the resident resided on a legal
parcel impacted by the Camp Fire, as determined by the county.
Such determination may be made by the Director or other county
personnel.
Effective Date. The date of the Board of Supervisors adoption of
this article.
FEMA. The Federal Emergency Management Agency or successor agency.
Mobile/manufactured home: A housing structure transportable in one
(1) or more sections, designed and equipped to be used with or
without a foundation system, certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. section 5401 et seq.). The County shall not grant a
permit for the installation of a mobile/manufactured home if such
mobile/manufactured home is older than ten (10) years of age. The
age measurement period shall be from the year of manufacture of
the home to the year of the permit application. Mobile/manufactured
home does not include recreational vehicle, park trailer, or
commercial modular as defined in Division 13, Part 2, Chapter 1,
of the Health and Safety Code.
Movable Tiny House. A movable tiny house is a structure utilized
as living quarters by one household that is licensed by and
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(registered with the California Department of Motor Vehicles, meets
the American National Standards Institute (ANSI) 119.5 or ANSI
119.2 (NFPA 1192) requirements and is certified by a qualified
third party inspector for ANSI compliance, cannot move under its
own power, is not longer than allowed by State law for movement on
public highways, has a total floor area of not less than 150 square
feet, and has no more than 430 square feet of habitable living
space.
Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: (1) self-contained with potable water
and sewage tanks and designed for human habitation for recreational
or emergency occupancy; (2) self-propelled, truck -mounted, or
permanently towable on California roadways; and (3) a California
Department of Motor Vehicles licensed vehicle, or a similar vehicle
or structure as determined by the Director.
Recreational Vehicle Park. A commercial use providing space for
the accommodation of more than two recreational vehicles for
recreational or emergency housing for displaced persons, or for
transient employee lodging and/or basecamp purposes.
Temporary Dwelling. A temporary dwelling that meets the water,
sewage disposal, and electricity hook-up standards and includes a
recreational vehicle, mobile/manufactured home, or movable tiny
house.
Temporary Truck and Equipment Staging and Laydown Yard. An
approved area used for the storage of unladen trucks and equipment
utilized to remove and haul away fire debris and hazardous
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Ijmaterials, and the storage of materials used to facilitate thel
removal and hauling away of fire debris and hazardous materials,
as part of the Butte County Camp Fire Consolidated Debris Removal
Program. No fire debris or hazardous materials may be brought onto
or stored on the yard. Truck and Equipment Staging and Laydown
Yards may include associated truck and equipment repair,
construction trailers, employee parking and portable bathroom'
facilities set up for use by the personnel assigned to the yard,
but not residences other than for a temporary caretaker quarters.
Transitory Period. The period of time after the Camp Fire event
during which recreational vehicles do not need to meet the water,
sewage disposal, and electricity hook-up standards. The transitory
period ends on December 31, 2019.
Section 5. Section 5334 is amended to read as follows:
Section 53-34. Residential Use of Recreational Vehicles and
Temporary Dwellings.
A. FEMA Temporary Housing Sites. Federal Emergency Management
Agency (FEMA) temporary housing sites authorized under
contract to FEMA are an allowed use in the MDR (Medium Density
Residential), MHDR (Medium High Density Residential), HDR
(High Density Residential), RBP (Research and Business Park),
PD (Planned Development), P (Public), and Commercial and
Industrial zones; and, in AG (Agriculture) zones when an
approved residential specific plan exists, and when said
specific plan is identified under the Butte County General
Plan, or in AG (Agriculture) zones located inside a city's
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IN
approved Sphere of Influence that are classified as grazing
or other lands as defined by the State Farmland Mapping and
Monitoring Program and having a combined parcel size greater
than 20 acres and subject to all additional requirements,
such as the 300 foot agricultural buffer, flood zones, and
airport land use compatibility zones. Each FEMA temporary
housing site authorized under this article shall have been
reviewed through the housing identification process and
approved by the Director.
Transitory Use of Recreational Vehicles. Residential use and
occupancy of up to two (2) recreational vehicles without
water, sewage disposal, or electricity hook-ups on any lot
that permits a residential use outside of the area affected
by the Camp Fire shall be allowed for the transitory period.
Use after the transitory period shall be subject to a
temporary administrative permit, full hook-ups to water,
sewage disposal, and electricity, and subject to the
applicable standards set forth in Subsection E, Standards.
Temporary Dwellings with Utility Hook-ups. Residential use
and occupancy of up to two (2) temporary dwellings utilizing
hook-ups for water, sewage disposal, and electricity shall be
allowed during the Effective Period of this article subject
to a temporary administrative permit, and subject to the
applicable requirements set forth in Subsection E, Standards.
Temporary Recreational Vehicle Parks. The establishment of
temporary recreational vehicle parks without requiring hook -
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ups to water, sewage disposal, and electricity in Commercial.,
Industrial, FR (Foothill Residential), RR (Rural
Residential), PD (Planned Development), P (Public), and RBP
(Research and Business Park) zoning districts, and in parking
lots of religious and community facilities, and in AG
(Agriculture) zones when an approved residential specific
plan exists, and when said specific plan is identified under
the Butte County General Plan, or in AG (Agriculture) zones
located inside a city's approved Sphere of Influence that are
classified as grazing or other lands as defined by the State
Farmland Mapping and Monitoring Program and having a combined
parcel size greater than 20 acres and subject to all
additional requirements, such as the 300 foot agricultural
buffer, flood zones, and airport land use compatibility zones
shall be allowed for the transitory period. Temporary
Recreational Vehicle Parks that are served with water, sewage
disposal, and electricity hook-ups may continue for the
Effective Period of this article. Basecamp features may be
located in the same zones as Temporary Recreational Vehicle
Parks, except for the FR (Foothill Residential) and RR (Rural
Residential) zones. Temporary Recreational Vehicle Parks and
basecamp features are subject to a temporary administrative
permit and subject to the applicable requirements set forth
under Subsection E, Standards.
Standards. After the transitory period, all residential uses
of recreational vehicles shall meet the following standards.
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Use of temporary dwellings shall at all times meet the
following standards.
1. Recreational vehicles and temporary dwellings shall have
full hook-ups to water, sewage disposal, and
electricity.
2. The property owner or the property owner's authorized
agent shall obtain a temporary administrative permit for
the Effective Period of this article. Written consent
of the property owner is required in all cases.
3. Use of temporary dwellings is contingent on proof of a
damaged or destroyed residence as verified by the
Director based on prior final building permit or
Assessor's records, or other documentation satisfactory
to the Director.
4. The residential use of recreational vehicles and
temporary dwellings is limited to vehicles and dwellings
not on a permanent foundation and used to house displaced
persons during the Effective Period set forth in Section
53-32 above.
5. The residential use of recreational vehicles and
temporary dwellings shall be located outside of required
setbacks established in Chapter 24 of the Butte County
Code, unless the applicant can establish to the
satisfaction of the Director that there is no other
available location outside of the setback area.
6. The residential use of recreational vehicles and
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temporary dwellings shall be located outside of the
boundaries of any recorded easements.
7. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved source of
water meeting one of the following criteria:
a. Public water supply;
b. Existing well provided that it has been approved by
the Department of Public Health, Environmental
Health Division as safe for domestic consumption;
or,
C. Other water source as approved by the Department of
Public Health, Environmental Health Division.
8. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved sewage
disposal system meeting one of the following criteria:
a. Public sewer system;
b. Existing on-site sewage disposal system that has
been approved by the Department of Public Health,
Environmental Health Division to be intact,
adequately sized, and functioning following the
disaster;
C. Temporary holding tank with a contract with a
pumping company for regular pumping. A copy of the
contract shall be provided to the Department of
Public Health, Environmental Health Division; or
d. Other method of sewage disposal approved by the
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Department of Public Health, Environmental Health
Division.
9. The recreational vehicle, basecamp feature, or temporary
dwelling shall be connected to an approved source of
electricity meeting one of the following criteria:
a. Permitted electrical service hook-up; or
b. Other power source approved by the Director.
10. The following additional standards apply to Temporary
Recreational Vehicle Parks and basecamp features:
a. Except for AG (Agriculture) zoned parcels which shall
be a minimum total of twenty (20) acres, parcels shall
be a minimum of two (2) acres in size.
b. All areas occupied by recreational vehicles and/or
basecamp features and access aisles, driveways, and
roads shall have an all-weather surface capable of
supporting a 40,000 lb. load that will allow for
ingress and egress of fire apparatus to within 150
feet of all units and a vertical clearance of no less
than 15 feet.
c. Driveways and aisles shall have a minimum width of 25
feet.
d. A County Encroachment permit must be obtained for all
new and existing driveway approaches to publicly
maintained roads as specified in the County
Improvement Standards.
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e. The temporary administrative permit may be subject to
additional requirements from Butte County Fire, Butte
County Public Works, the State Housing and Community
Development Department, and the State Regional Water
Quality Control Board.
11. The following additional standards apply to Temporary
Recreational Vehicle Parks and basecamp features in the
FR (Foothill Residential) and RR (Rural Residential)
zones.
a. Basecamps are not permitted.
b. Parcels shall be a minimum of five (5) acres in size.'
c. No more than two (2) recreational vehicles shall be
allowed per acre.
d. There shall be a 25 -foot setback from all property
lines for all recreational vehicles and related
improvements.
e. Quiet hours shall be maintained from 10 pm to 7 am,
during which generators shall not be operated and
noise levels shall conform to Butte County Code
Chapter 41 A, Noise Control.
f. All outdoor lighting shall be located, adequately
shielded, and directed such that no direct light falls
outside the property line, or into the public right-
of-way in accordance with the Butte County Zoning
Ordinance, Article 14, Outdoor Lighting.
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g. One (1) on-site parking space shall be provided per
recreational vehicle.
12. Each temporary administrative permit application for a
Temporary Recreational Vehicle Park and basecamp
feature shall be accompanied by a detailed plan for
the restoration or reclamation of the subject property
to the satisfaction of the Director. At minimum, a
plan for restoration or reclamation shall include
clearance of the site of all recreational vehicles and
related structures and removal of all-weather surfaces
and utilities constructed for said park unless there
is a separate application under the Zoning Ordinance
to permit the improvements.
Lands upon which Temporary Recreational Vehicle Parks
and basecamp features in AG (Agriculture) zones are
located shall be restored to their prior agricultural
use or other agricultural use as approved by the Director
prior to the expiration of this ordinance. A
performance guarantee as provided by Section 24-245 of
Butte County Code in the amount of $1,000.00 per acre of
land disturbed by the Temporary Recreational Vehicle
Park and basecamp feature shall be paid prior to site
disturbance activities to ensure that site restoration
and reclamation is completed to the satisfaction of the
Director. Lands shall be reclaimed to the satisfaction
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of the Director prior to release of the performance]
guarantee.
]Section 6. Section 53-53 is amended to read as follows:
ISection 53-53. Definitions.
Except where the context clearly indicates otherwise, the
following definitions shall govern the construction of the words
and phrases used in the article:
Approved Mining Site. The portion of a parcel or parcels of land
with a valid mining permit, reclamation plan and financial
assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
Basecamp. A site that includes some or all of the following
features: equipment staging/ storage; employee housing; commissary;
_Laundry; and other services for the purpose of providing workforce
housing for Camp Fire Recovery efforts or shelter of displaced
persons.
Cal OES. The Governor's Office of Emergency Services.
Camp Fire. A 153,336 -acre wildfire that started near the community
of Pulga on November 8, 2018, destroying over 18,000 structures,
which forced the evacuation of the Town of Paradise, Berry Creek,
Butte Creek Canyon, Butte Valley, Centerville, Cherokee, Concow,
Durham, Forest Ranch, Magalia, Pulga, Stirling City, and Yankee
Hill, and other areas near the Cities of Chico and Oroville, and
proclaimed by the Board of Supervisors under Resolution 18-169, as
a local emergency, and also proclaimed by then Acting Governor
Gavin Newsom as a state of emergency. CAL FIRE maintains a map
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I showing the final boundaries of the Camp Fire and the Camp Fire I
laffected area, as of November 25, 2018 at 100 percent containment.
Cargo Storage Container. A single metal box made of steel or other
similar material, or a shed, which is designed for securing and
protecting items for temporary storage, not exceeding three
hundred twenty (320) square feet in size, without utilities, and
not used for human habitation.
Director. The Director of the Department of Development Services
or his or her authorized representative.
Displaced Person(s). A county resident or residents whose
residential dwelling has been destroyed or damaged by the Camp
Fire, such that the resident(s) cannot occupy the dwelling.
Displaced person(s) may be required to provide verification to the
county to substantiate their eligibility for uses, permits and/or
approvals described in this article. Evidence may consist of
verification by Federal Emergency Management Agency (FEMA)
registration or damage assessment, and/or a driver's license or
other government -issued identification card or utility bill, etc.
with a physical address showing the resident resided on a property
impacted by the Camp Fire, as determined by the county. Such
determination may be made by the Director or other county
personnel.
Effective Date. The date of the Board of Supervisors adoption of
this article.
Eligible Property. A property that does not contain fire debris
and hazardous materials from a qualifying structure that was
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damaged or destroyed by the Camp Fire. Eligible Property shall
include (1) parcels with no resulting damage or fire debris from
the Camp Fire, (2) parcels with fire debris from a structure that
was not a qualifying structure that was damaged or destroyed by
the Camp Fire and (3) parcels with fire debris or hazardous
materials from a qualifying structure that was damaged or destroyed
by the Camp Fire, only upon the issuance of a certificate that the
parcel has been cleaned pursuant to Phase II requirements by the
Department of Public Health, Environmental Health Division.
Temporary housing pursuant to this article shall be permitted as
reflected in the table below:
A.
M,
Property not
Property with a
Property with a
damaged by Camp
non -qualifying
qualifying
Fire
structure damaged
structure damaged
or destroyed by
or destroyed by
Camp Fire
Camp Fire
Prior to
Temporary
Temporary housing
Temporary housing
completion of
housing allowed*
allowed*
prohibited
Phase II cleanup
Following
Temporary
Temporary housing
Temporary housing
completion of
housing allowed*
allowed*
allowed*
Phase II cleanup
{property
certified clean
by the Department
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of Public Health,
sections,
designed
and equipped to be
Environmental
with or
without a
foundation
Health Division)
certified under
the
National
*such housing shall meet all other applicable requirements in this article
FEMA. The Federal Emergency Management Agency or successor agency.
Fire Debris and Hazardous Materials. Debris, ash, metals, and
completely or partially incinerated substances from structures
that are located on properties that qualify under the CalOES Debris
Removal Program or the County's Alternative Debris Removal
Program.
Mobile/manufactured home: A housing structure transportable in one
(1) or more
sections,
designed
and equipped to be
used
with or
without a
foundation
system,
certified under
the
National
Manufactured Housing Construction and Safety Standards Act of 19741
(42 U.S.C. section 5401 et seq.). The County shall not grant a
permit for the installation of a mobile/manufactured home if such
mobile/manufactured home is older than ten (10) years of age. The
age measurement period shall be from the year of manufacture of
the home to the year of the permit application. Mobile/manufactured
home does not include recreational vehicle, park trailer, or
commercial modular as defined in Division 13, Part 2, Chapter 1,
of the Health and Safety Code.
Movable Tiny House. A movable tiny house is a structure utilized
as living quarters by one household that is licensed by and
registered with the California Department of Motor Vehicles, meets
the American National Standards Institute (ANSI) 119.5 or ANSI
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1119.2 (NFPA 1192) requirements and is certified by a qualified
third party inspector for ANSI compliance, cannot move under its
own power, is not longer than allowed by State law for movement on
public highways, has a total floor area of not less than 150 square
feet, and has no more than 430 square feet of habitable living
space.
Phase I. The term "Phase I" shall mean the hazardous waste cleanup
performed by the United States Environmental Protection Agency
and/or Department of Toxic Substances Control on certain
properties impacted by the Camp Fire.
Phase 11. The term "Phase II" shall mean the ash and debris cleanup
work performed pursuant to the OES Program and/or the Alternative
Program.
Qualifying Structure. The term "qualifying structure" shall mean
a structure of 120 square feet and over.
Recreational Vehicle. A motor home, travel trailer, truck camper
or camping trailer that is: (1) self-contained with potable water
and sewage tanks and designed for human habitation for recreational
or emergency occupancy; (2) self-propelled, truck -mounted, or
permanently towable on California roadways; and (3) a California
Department of Motor Vehicles licensed vehicle, or a similar vehicle
or structure as determined by the Director.
Recreational Vehicle Park. A commercial use providing space for
the accommodation of more than two recreational vehicles for
recreational or emergency housing for displaced persons, or for
transient employee lodging and/or basecamp_purposes.
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Temporary Dwelling. A temporary dwelling that meets the water,
sewage disposal, and electricity hook-up standards and includes a
recreational vehicle, mobile/manufactured home, or movable tiny
Ihouse.
Temporary Truck and Equipment Staging and Laydown Yard. An
approved area used for the storage of unladen trucks and equipment
utilized to remove and haul away fire debris and hazardous
materials, and the storage of materials used to facilitate the
removal and hauling away of fire debris and hazardous materials,'
as part of the Butte County Camp Eire Consolidated Debris Removal
Program. No fire debris or hazardous materials may be brought onto
or stored on the yard. Truck and Equipment Staging and Laydown
Yards may include associated truck and equipment repair,
construction trailers, employee parking and portable bathroom
facilities set up for use by the personnel assigned to the yard,
but not residences other than for a temporary caretaker quarters.
Transitory Period. The period of time after the Camp Fire event
during which recreational vehicles do not need to meet the water,
sewage disposal, and electricity hook-up standards. The transitory
period ends on December 31, 2019.
Section 7. Section 53-57 is amended to read as follows:
Section 53-57. Standards.
After the transitory period, all residential use of recreational
vehicles, and, at all times, all residential use of temporary
dwellings and storage use of cargo storage containers shall meet
the following standards.
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A. At all times, the property owner or the property owner's
authorized agent shall obtain all county permits for all
temporary dwellings that are hooked -up to utilities.
Written consent of the property owner is required in all
cases.
B. At all times, residential use of recreational vehicles and
temporary dwellings is limited to vehicles and dwellings
not on a permanent foundation and used to house persons
displaced by the Camp Fire during the Effective Period set
forth in Section 53-52.
C. Use of temporary dwellings is contingent on proof of a
damaged or destroyed residence as verified by the Director
based on prior final building permit or Assessor's records,
or other documentation satisfactory to the Director.
D. At all times, recreational vehicles, temporary dwellings,
and cargo storage containers shall be located outside the
boundaries of any setbacks established by Chapter 24,
unless the applicant can establish to the satisfaction of
the Director that there is no other available location
outside of the setback area, as well as located outside of
recorded easements, roads, driveways, designated flood
hazard locations, or areas prone to landslide or debris
flow.
E. At all times, use of a cargo storage container shall be
for storage of personal and household belongings only.
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F. For water hook-ups, the recreational vehicle, basecamp
feature, or temporary dwelling shall be connected to an
approved source of water meeting one of the following
criteria:
1. Public water supply;
2. Existing well provided that it has been approved by
the Department of Public Health, Environmental
Health Division as safe for domestic consumption;
or
3. Other water source approved by the Department of
Public Health, Environmental Health Division.
G. For sewage disposal hook-ups, the recreational vehicle,
basecamp feature, or temporary dwelling shall be
connected to an approved sewage disposal system meeting',
one of the following criteria:
1. Public sewer system;
2. A new or existing on-site sewage disposal system
that has been approved by the Department of Public
Health, Environmental Health Director to be intact,
adequately sized, and functioning correctly;
3. Temporary holding tank with a contract with a
pumping company for regular pumping. A copy of the
contract shall be provided to the Department of
Public Health, Environmental Health Division; or
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4. Other method of sewage disposal approved by the
Department of Public Health, Environmental Health
Division.
H. For electricity hook-ups, the recreational vehicle,
basecamp feature, or temporary dwelling shall be
connected to an approved source of electricity meeting
one of the following criteria:
1. Permitted electrical service hook-up; or
2. Other power source approved by the Director.
Section 8. CEQA Exemption.
Adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to California
Public Resources Code Section 21080 (b) (3) regarding projects to
maintain, repair, restore, or replace property or facilities
damaged or destroyed as a result of a declared disaster and Section
21080(b)(4) regarding actions to mitigate or prevent an emergency,
and CEQA Guidelines Section 15269(a) regarding maintaining,
repairing, restoring, demolishing, or replacing property or
facilities damaged or destroyed as a result of a disaster stricken
area in which a state of emergency has been proclaimed by the
Governor pursuant to the California Emergency Services Act,
commencing with Section 8550 of the California Government Code.
Section 9. Severability.
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining
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portion of this Ordinance. The Board of Supervisors hereby declares
that it would have passed this Ordinance and every section,
subsection, sentence, clause or phrase thereof irrespective of the
If act that any one or more sections, subsections, sentences, clauses)
or phrases be declared unconstitutional or invalid.
Section 10. Effective Date and Publication.
This Ordinance shall be and the same is hereby declared to be in
full force and effect immediately upon its passage by a four-
fifths (4/5) or greater vote. The Clerk of the Board of
Supervisors is authorized and directed to publish this ordinance
before the expiration of fifteen (15) days after its passage. This
Ordinance shall be published once, with the names of the members
of the Board of Supervisors voting for and against it, in a
newspaper of general circulation published in the County of Butte,
State of California. Pursuant to Government Code section 25124, a
complete copy of this ordinance is on file with the Clerk of the
Board of Supervisors and is available for public inspection and
copying during regular business hours in the office of the Clerk
of the Board of Supervisors, 25 County Center Drive, Oroville, CA.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 23rd day of July, 2019 by the
following vote:
AYES: Supervisors Connelly, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT: Supervisor Lucero
NOT VOTING
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STEVE LA uCo
�T. Chair
f
B
tte �ty Board of Supervisors
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
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