HomeMy WebLinkAbout41681
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Urgency Ordinance No. 4168
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE III,
ENTITLED "EMERGENCY INTERIM HOUSING OUTSIDE THE CAMP FIRE AREA,"
OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER RECOVERY ORDINANCE,"
TO EXPAND THE LOCATION OF TEMPORARY RECREATIONAL VEHICLE PARKS
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 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 11
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 fire 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 stall 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 1.53,336 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 Fare 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.
R. 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, July
23, 2019, and August 13, 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.
S. 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 Fixe 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.
T. The Debris Removal Operations Plan for the Camp Fare 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.
U. 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 Fare. 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 of 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 sates, 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 Fare 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. The Board of Supervisors finds that there is a need to expand
the zones in which Temporary Recreational Vehicle Parks are
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allowed to accommodate additional housing opportunities for
persons who have been displaced by the Camp Fire. The Board
finds that Temporary Recreational Vehicle Parks should be
allowed in the VLDCR (Very Low Density Country Residential)
zone in the same manner as they are allowed in the FR
(Foothill Residential) and RR (Rural Residential) zones.
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 53-34 is amended to read as follows:
ISection 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
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Im
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. 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
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temporary recreational vehicle parks without requiring hook-
ups to water, sewage disposal, and electricity in Commercial,
Industrial, FR (Foothill Residential), RR (Rural
Residential), within the City of Chico Sphere of Influence
VLDCR (Very Low Density Country 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), RR (Rural Residential), and within
the City of Chico Sphere of Influence VLDCR (Very Low Density
Country Residential) zones. Temporary Recreational Vehicle
Parks and basecamp features are subject to a temporary
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administrative permit and subject to the applicable
requirements set forth under Subsection E, Standards.
E. Standards. After the transitory period, all residential uses
of recreational vehicles shall meet the following standards.
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
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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
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
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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
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 and FR
(Foothill Residential), RR (Rural Residential), and
within the City of Chico Sphere of Influence VLDCR
(Very Low Density Country Residential) zoned parcels
which shall be a minimum total of five (5) acres as
discussed in subsection (E)(11) below, 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
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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.
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), RR (Rural Residential), and
within the City of Chico Sphere of Influence VLDCR (Very
Low Density Country 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.
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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.
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
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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
of the Director prior to release of the performance
guarantee.
Section 3. 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 4. Severability.
If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or invalid,
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such decision shall not affect the validity of the remaining
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 5. 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 l0th day of September, 2019
by the following vote:
AYES: Supervisors Connelly, Lucerc, Ritter, Teeter, and Chair
Lambert
NOES:
ABSENT:
NOT VOTING
ST LAMB Chair
Butte Counoyll";oard of Supervisors
SHARI MCCRACKEN, Chief Administrative Officer
and Clerk of the Board
M
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