HomeMy WebLinkAboutZDN20-0001_GRD19-0002Zoning Administrator Decision (ZDN) 20-0001 GRD19-0002 Date: May 6, 2020
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BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN20-0001
May 6, 2020
GRADING PERMIT GRD19-0002 (Allen Gross)
Grading Permit (GRD19-0002), under Butte County Code, Chapter 13, Article I. Proposed grading activities will create a 12,775 square foot flat pad area to stage and utilize a recreational vehicle and horse trailer for personal use. Grading activities would result in 288 cubic yards (cy) of excavated soil and 222
cy of fill, for a total of 510 cy of grading. The project site is located on the east side of Pentz Road, approximately 650 feet south from the intersection of Messilla Valley Road and Pentz Road.
Assessor Parcel Number: 041-030-053
I. The Zoning Administrator has considered Grading Permit GRD19-0002 for Allen Gross, and approves the project subject to the following findings and the conditions of approval in Exhibit
“A”:
A. The project to be categorically exempt from the California Environmental Quality Act (CEQA) under Title 14 of the California Code of Regulations section 15304.
The project qualifies for the Class 4 exemption because it involves grading and vegetation-clearing activities on land that have slopes of approximately 8 percent. Vegetation onsite consists of annual grassland species and the proposal would not involve the removal of healthy, mature, or scenic
trees. Additionally, the volume of proposed grading activities is comparable to grading that would be associated with a building pad for a single-family residence, which is a permitted use within the zone. Finally, proposed grading would avoid the natural features of the site including waterways,
views of the skyline, tree, and rock features located throughout the area.
B. Approval of this project will not be detrimental to the public health, safety, and welfare.
The project will not be detrimental to the public because grading plans have been reviewed and
approved by the Butte County Public Works Director for consistency with regulations established to protect the health, safety, and welfare of the public, including regulations relating to erosion, slope stability, and surface water drainage, identified in Butte County Code Chapter 13, Article I. The Director may conduct inspections as are deemed necessary to ensure compliance with the approved plans, specifications, and applicable conditions of approval, so that the project will not
be detrimental to the public.
C. The design and improvements of the project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The design and improvements of the project, including the proposed Grading Plan and Erosion Control Plan, were evaluated and approved by the Director of Public Works and conform to the standards outlined in Chapter 13, Article I of the Butte County Code.
Approved By: Pete Calarco, Zoning Administrator
Date: May 6, 2020
Zoning Administrator Decision (ZDN) 20-0001 GRD19-0002 Date: May 6, 2020
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EXHIBIT A
Grading Permit for Allen Gross on APN: 041-030-053, File # GRD19-0002: A Grading Permit,
pursuant to Butte County Code, Chapter 13, Article I, to create a 12,775 square foot flat pad area to stage
and utilize a recreational vehicle and horse trailer for personal use. Grading activities would result in 288
cubic yards (cy) of excavated soil and 222 cy of fill, for a total of 510 cy of grading.
I. CONDITIONS OF APPROVAL:
Land Development Division, Department of Public Works
1. All grading activities shall be in conformance with the approved grading and erosion control plans on
file with the County of Butte.
2. In the event grading activities are performed and reveal the presence of prehistoric or historic cultural
resources (i.e., artifact concentrations, including arrowheads and other stone tools or chipping debris,
cans glass, etc.; structural remains; human skeletal remains) work within 50 feet of the find shall
immediately cease until a qualified professional archaeologist can be consulted to evaluate the find and
implement appropriate mitigation procedures. If human skeletal remains are encountered, State law
requires immediate notification of the County Coroner (530.538.7404). If the County Coroner
determines that the remains are in an archaeological context, the Native American Heritage
Commission in Sacramento shall be notified immediately, pursuant to State Law, to arrange for Native
American participation in determining the disposition of such remains. The provisions of this measure
shall be followed during all phases of development.
3. The following best practice measures to reduce impacts to air quality shall be incorporated by the
project applicant, subject property owners, or third-party contractors during grading activities on the
project site. These measures are intended to reduce criteria air pollutants that may originate from the
site during the course of land clearing and other construction operations.
Diesel PM Exhaust from Construction Equipment and Commercial On-Road Vehicles Greater than
10,000 Pounds
• All on- and off-road equipment shall not idle for more than five minutes. Signs shall be
posted in the designated queuing areas and/or job sites to remind drivers and operators of
the five-minute idling limit.
• Idling, staging and queuing of diesel equipment within 1,000 feet of sensitive receptors is
prohibited.
• All construction equipment shall be maintained in proper tune according to the
manufacturer’s specifications. Equipment must be checked by a certified mechanic and
determined to be running in proper condition before the start of work.
• Install diesel particulate filters or implement other CARB-verified diesel emission control
strategies.
• Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted
areas.
Zoning Administrator Decision (ZDN) 20-0001 GRD19-0002 Date: May 6, 2020
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• To the extent feasible, truck trips shall be scheduled during non-peak hours to reduce perk
hour emissions.
Operational TAC Emissions
• All mobile and stationary Toxic Air Contaminants (TACs) sources shall comply with
applicable Airborne Toxic Control Measures (ATCMs) promulgated by the CARB
throughout the life of the project (see http:www.arb.ca.gov/toxics/atcm/atcm.htm).
• Stationary sources shall comply with applicable District rules and regulations.
Fugitive Dust
Construction activities can generate fugitive dust that can be a nuisance to local residents and
businesses near a construction site. Dust complaints could result in a violation of the District’s
“Nuisance” and “Fugitive Dust” Rules 200 and 205, respectively. The following is a list of
measures that may be required throughout the duration of the construction activities:
• Reduce the amount of the disturbed area where possible.
• Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. An adequate water supply source must be identified. Increased
watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible.
• All dirt stockpile areas should be sprayed daily as needed, covered, or a District approved
alternative method will be used.
• Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any
soil disturbing activities.
• Exposed ground areas that will be reworked at dates greater than one month after initial
grading should be sown with a fast-germinating non-invasive grass seed and watered until
vegetation is established.
• All disturbed soil areas not subject to re-vegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the Butte
County Air Quality Management District.
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site.
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and
top of trailer) in accordance with local regulations.
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site.
Zoning Administrator Decision (ZDN) 20-0001 GRD19-0002 Date: May 6, 2020
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• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
• Post a sign in prominent location visible to the public with the telephone numbers of the
contractor and the Butte County Air Quality Management District - (530) 332-9400 for any
questions or concerns about dust from the project.