HomeMy WebLinkAbout41651
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Urgency Ordinance No. 4165
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE 11,
ENTITLED "DEBRIS REMOVAL," OF CHAPTER 53, ENTITLED "CAMP FIRE
DISASTER RECOVERY ORDINANCE," TO EXPAND THE USE AND LOCATION OF
TEMPORARY LOG STORAGE YARDS
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
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.
B. 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, commencing)
with Section 8550 of the Government Code, and on November 14,
2018, the Governor issued Executive Order B--57-18 concerning
the Camp Fire.
On November 9, 2018, the Camp Fire was stall 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 -I
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 fare debris present in
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the Camp Fire 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, roofingl
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 chronics
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, April 23, 2019, and
July 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
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threats include (1) the enormous amount of fire debris present
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 fire ash
and debris from a qualifying structure destroyed or damaged
by the Camp Fire.
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
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if the ash and debris is not removed safely and promptly. The
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.
JU. 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
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foregoing, properties that contain ash and debris from
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..
There 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.
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Most of the Timber Mountain and Timber Protection zoned
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 sates 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
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accommodate a temporary log storage yard are predominantly
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, to 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.
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
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parcels to allow this use is appropriate to temporarily
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.
The Board of Supervisors finds that temporary log storage
yards should allow for an expanded range of activities, such
as chipping and milling, and should be allowed to be located
in additional zones, such as certain residential zones. The
yards should be used for more than storage of logs by allowing
logs and other vegetation to be processed. Allowing
processing at the yards will assist in the removal of logs
and vegetation from trees and plants damaged in the Camp Fire
in an expedited and more economical manner. Allowing the yards
to be located in additional zones will provide additional
locations within and in close proximity to the Camp Fire area
which should reduce the number and length of truck trips for
hauling the materials. Fewer truck trips should help extend
the life of area roads and should decrease the generation of
greenhouse gases. The expanded activities and allowed zones
should reduce costs to property owners for removing trees and
plants damaged in the Camp Fire and lead to quicker removal
of these trees and plants which present a risk to public
health and safety.
AA. It is essential that this Ordinance become immediately
effective (1) to mitigate the harm that could be caused to
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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.
Section 2. Section 53-10 is amended to read as follows:
Section 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.
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.
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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
this Article, a site where piles of logs and other piles of
vegetation removed from the Camp Fire affected area are temporarily
stored and processed before transfer to trucks or rail. The logs
and vegetation must be associated with the Camp Fire recovery
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effort, i.e., logs and vegetation that are burn -damaged or
otherwise removed due to safety issues associated with the Camp
Fire. Logs and wood waste originating from routine utility lane
maintenance shall not be stored at Temporary Log Storage Yards.
This definition and Section 53-19 do not apply to logs and/or
vegetation harvested or cleared as part of a timber harvest plan
or exemption under the Forest Practice Rule that are stored and/or
processed on the property on which they were harvested or cleared.
This definition and Section 53-19 only applies to logs and
vegetation transported to another property. 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 or vegetation. Temporary Log Storage Yards allow for the
processing of logs and vegetation (e.g., chipping, milling, etc.)
but not the burning of logs and vegetation, and 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 53-11 is amended to read as follows:
Section 53-11. Effective Period.
(This Article relating to debris removal shall take effect
immediately upon adoption and shall remain in effect until the
removal of fire debris has been completed on all properties damaged
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by the Camp Fire. Regardless of when the removal of fire debris
has been completed, Section 53-19 relating to Temporary Log Storage
Yards, as well as any sections within this Article that relate to
it, shall remain in effect until December 31, 2020, unless
otherwise specified herein, subject to extension or modification
by the Board of Supervisors.
Section 4. Section 53-19 is amended to read as follows:
Section 53-19. Temporary Log Storage Yards.
A. Maximum Number of Sites. The number of temporary log
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
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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
Fare area and outside of urban or congested areas.
2. General Commercial (GC) zone.
3. The Neal Road Recycling, Energy, and Waste Facility
Overlay Zone (-RW).
4. Foothill Residential (FR), Rural Residential (RR),
Planned Development (PD), and Public (P).
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 that shows all the proposed
activities that will occur on -sate, as well as the
approximate location of each activity, shall be
provided with the application for a temporary
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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. Any
change in the type of activity that will occur on-site
or the location of any activity requires the owner or
operator to apply for a new temporary administrative
permit.
3. Siting Criteria. To the extent practicable, temporary
log storage yards shall be located on flat areas of
the site that are already disturbed and in such a
manner to decrease impacts to uses on surrounding
properties.
4. Parcel Size. The temporary log storage yard site shall
be a minimum of 5 acres in the GC zone, 10 acres in
the FR, RR, PD, and P zones, and 20 acres in other
zones 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
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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
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.
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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.
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 -
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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 fire 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
fire. The facility operator shall develop a plan
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.
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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 pales
shall be stabilized by a means approved by the
fire marshal..
d. Other piles made of incidental log related
materials shall not exceed 20 feet in height, 1.50
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 marshal to measure temperatures.
Internal pile temperatures shall be monitored and
recorded weekly. A plan by the permittee 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
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.
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10. Butte County Public Health, Environmental Health
Division Standards.
a. 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
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.
b. 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.
C. 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
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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
Health Division. If bottled water is provided,
there are no requirements for testing.
d. 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
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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
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/fact3-1.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
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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
be used in conformance with the California
Stormwater Quality Association (CASQA) BMP
Municipal Handbook. The ESCP 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.
12. 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
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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
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
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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.
14. Noise. Quiet hours shall be maintained from 7 pm to 7
am seven days a week. During quiet hours, generators
and heavy equipment shall not be operated and noise
levels shall conform to Butte County Code Chapter 41
A, Noise Control. Outside of quiet hours, noise
sources associated with temporary log storage yards
shall be exempt from the requirements of Butte County
Code Chapter 41A, 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
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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
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
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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
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
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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. The Planning Commission may impose conditions
and requirements in addition to the standards set forth
above, or may deny the administrative permit, to mitigate
impacts to uses on surrounding properties. Unless otherwise
appealed, the decision of the Planning Commission shall be
final.
F. 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.
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
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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 5. 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 6. 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
portion of this Ordinance. The Board of Supervisors hereby declares
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that it would have passed this Ordinance and every section,
subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses
or phrases be declared unconstitutional or invalid.
Section 7. 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.
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PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 13th day of August, 2019 by the
following vote:
AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and
Chair Lambert
NOES:
ABSENT:
NOT VOTING
STEVE IAbo'
,XdT, Chair
Butte County Board of Supervisors
ATTEST:
SEAM MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
By.
Depu
41i�)
M