HomeMy WebLinkAbout41951
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Urgency Ordinance No. 4195
AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLES
III AND IV OF CHAPTER 54, "NORTH COMPLEX FIRE RECOVERY" OF THE
BUTTE COUNTY CODE, RELATING TO TEMPORARY TRUCK AND EQUIPMENT
LAYDOWN YARDS, BASECAMP LOCATIONS AND LIMITED DENSITY OWNER -
BUILT RURAL DWELLING REGULATIONS
415 VOTE REQUIRED
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. 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. On August 17, 2020, lightning strikes sparked the Bear Fire and the Claremont Fire,
both in Plumas County. Conditions of extreme peril to the safety of persons and property within
the County of Butte were caused by wildfire known as the North Complex Fire when the Bear and
Claremont Fires merged and progressed into the County of Butte on the 8th day of September,
2020, at which time the Board of Supervisors was not in session. A map depicting the North
Complex Fire area is attached hereto as Exhibit A.
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
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I a public calamity, subject to ratification by the Board of Supervisors at the earliest practicable 1
1 time.
C. On September 9, 2020, the Assistant Chief Administrative Officer of the County of
Butte proclaimed the existence of a local emergency within the county due to the North Complex
Fire.
D. On August 18, 2020, the Governor of the State of California proclaimed a State of
Emergency for multiple fires caused by lightning strike, including what would grow into the North
Complex Fire pursuant to the California Emergency Services Act, commencing with Section 8550
of the Government Code.
E. On August 22, 2020, the President of the United States approved a disaster
declaration for the State of California relating to the wildfires, providing assistance from many
federal agencies, including FEMA;
F. On September 11, 2020, Dr. Robert Bernstein, the County of Butte's Local Health
Officer, issued a Declaration of Health Emergency pursuant to California Health and Safety Code
section 101080. Dr. Bernstein's declaration stated that the local health emergency was a
consequence of the debris resulting from the North Complex 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 North Complex Fire area. The
threats included (1) the enormous amount of fire debris present in the North Complex Fire area,
including respirable -size ash and other debris containing hazardous materials including radioactive
materials that have been demonstrated in the past to be present in ash and debris from qualifying
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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 North Complex
Fire area and (4) the potential pollution of the drinking water in or around the North Complex Fire
area if weather conditions caused the spread of the hazardous materials in the ash and debris of
burned qualifying structures.
G. On September 14, 2020, Dr. Bernstein issued a Hazard Advisory strongly
suggesting residents should not reside on property with qualifying structures damaged or destroyed
by the North Complex 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 are lifted, the Department of Public Health will make health and safety
information available to residents who choose to visit their property to collect valuables. The re-
entry information will cover the dangerous conditions and toxic materials present in the North
Complex Fire area. The re-entry information is intended to improve and protect public health and
safety from the hazards likely to be encountered during the visit, and are 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 North Complex Fire area, including (1) the enormous amount of fire
debris present in the North Complex 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 -causing agents and/or non -communicable disease -
causing 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 North Complex
Fire area and (5) the potential pollution of the drinking water in or around the North Complex Fire
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[ area if weather conditions caused the spread of the hazardous materials in the ash and debris of
burned qualifying structures.
H. On September 15, 2020, the Board of Supervisors adopted Resolution No. 20-111
ratifying the Assistant Chief Administrative Officer's proclamation of the existence of a local
emergency in the County of Butte. 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.
1. On September 15, 2020, the Board of Supervisors ratified Dr. Bernstein's
Declaration of a Local Health Emergency.
J. As of September 18, 2020, the North Complex Fire consumed over 287,000 acres
and led to the destruction of over approximately 1,200 structures including residences and
commercial buildings, and resulted in evacuation orders or warnings which impacted over 20,000
residents. As a result, the North Complex Fire created an enormous amount of debris while causing
the deaths of 15 people. The North Complex Fire was still burning through the County and despite
firefighters' best efforts, the wildfire had not been contained. Evacuation orders were in place and
numerous severe public health and safety hazards were present in the North Complex Fire area,
including many blocked roads from fallen power lines, burned trees and vehicles, no available
utilities, no available public services and the presence of animal carcasses.
K. 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
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residential and commercial structure fires contain hazardous materials and the harmful health
effects of hazardous materials produced by a wildfire are well documented.
L. The combustion of building materials such as siding, roofing tiles, and insulation I
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.
M. 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.
N. Standards and removal procedures are needed immediately to protect the public
safety, 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 North Complex Fire
disaster.
O. The North Complex Fire has created hazardous waste conditions in the County of
Butte 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 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.
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P. The Department of Toxic Substances Control 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 impacts to individual
properties, local communities, and watersheds if the ash and debris is not removed safely and
promptly.
Q. There is an immediate need for housing to accommodate persons who have been
displaced by the North Complex Fire. This Chapter temporarily relaxes some building and zoning
regulations to allow for additional housing both inside and outside of the North Complex 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 North Complex Fire affected
area.
R. The North Complex Fire resulted in the loss of over 2,400 structures. Many
structures were uninsured or underinsured at the time of the disaster. if owners of properties
destroyed in the North Complex Fire area are required to comply with the normal permit process,
it will create an unreasonable financial burden on owners who want to rebuild destroyed structures.
An extension of the County's Limited Density Owner -Built Rural Dwellings regulations is
necessary to facilitate the availability of affordable owner -built homes which are essential to the
public health, safety and welfare of the residents of the North Complex Fire communities.
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S. The Board of Supervisors finds that there is a need for additional housing for North I
Complex Fire recovery workers. The Board finds that basecamp features should be allowed in the
TM (Timber Mountain) and TP (Timber Production) zones.
T. The Board of Supervisors finds that there is a need to allow for temporary truck and
equipment laydown yards in the North Complex Fire area to support the debris removal cleanup
efforts and that such yards should be allowed to support the orderly cleanup of ash and debris and
recovery from the North Complex Fire.
U. The Board of Supervisors has the authority to take action to protect the health,
safety and welfare of the residents of the County pursuant to its police powers granted by Article
XI, Section 7 of the California Constitution, California Government Code Section 25123,
California Health & Safety Code Section 101025 and Chapter 32A of the Butte County Code.
V. It is essential that this Urgency Ordinance become immediately effective to mitigate
the imminent harm that could be caused to the public health and safety and to the environment
from the improper disturbance, removal and disposal of debris containing hazardous materials,
structural ash and debris and/or hazard trees, to facilitate the orderly response to the North
Complex Fire disaster and to allow the fastest possible transition of homeless and displaced
residents to interim and long-term shelter.
Section 2. Section 54-33 of Article III of Chapter 54 is amended as follows:
"Definitions.
Except where the context clearly indicates otherwise, the following definitions shall govern the
construction of the words and phrases used in the article:
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"Approved Mining Site." The portion of a parcel or parcels of land with a valid mining permit,
reclamation plan and financial assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
"Basecamp." A site that includes some or all of the following features: equipment
staging/storage; employee housing; commissary; laundry; and other services for the purpose of
providing workforce housing for North Complex Fire Recovery efforts or shelter of displaced
persons.
"Cal OES." The Governor's Office of Emergency Services." Director." The Director of the
Department of Development Services or his or her authorized representative.
"Displaced Person(s)." A county resident or residents whose residential dwelling has been
destroyed or damaged by the North Complex Fire, such that the resident(s) cannot occupy the
dwelling. Displaced person(s) may be required to provide verification to the county to
substantiate their eligibility for uses, permits and/or approvals described in this article. Evidence
may consist of verification by Federal Emergency Management Agency (FEMA) registration or
damage assessment, and/or a driver's license or other government -issued identification card or
utility bill, etc. with a physical address showing the resident resided on a legal parcel impacted
by the North Complex Fire, as determined by the county. Such determination may be made by
the Director or other county personnel.
"Effective Date." The date of the Board of Supervisors adoption of this article.
"FEMA." The Federal Emergency Management Agency or successor agency.
"Mobile/manufactured home." A housing structure transportable in one (1) or more sections,
designed and equipped to be used with or without a foundation system, certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
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section 5401 et seq.). The County shall not grant a permit for the installation of a
mobile/manufactured home if such mobile/manufactured home is older than ten (10) years of
age. The age measurement period shall be from the year of manufacture of the home to the year
of the permit application. Mobile/manufactured home does not include recreational vehicle, park
trailer, or commercial modular as defined in Division 13, Part 2, Chapter 1, of the Health and
Safety Code.
"Movable Tiny House." A movable tiny house is a structure utilized as living quarters by one (1)
household that is licensed by and registered with the California Department of Motor Vehicles,
meets the American National Standards Institute (ANSI) 119.5 or ANSI 119.2 (NFPA 1192)
requirements and is certified by a qualified third party inspector for ANSI compliance, cannot
move under its own power, is not longer than allowed by State law for movement on public
highways, has a total floor area of not less than one hundred fifty (150) square feet, and has no
more than four hundred thirty (430) square feet of habitable living space.
"North Complex Fire." The North Complex Fire derived from lightning strikes in Plumas County
on August 17, 2020. The strikes caused several fires, including the Bear Fire and the Claremont
Fire, which merged to form the North Complex Fire. On September 8, 2020, the fire spread
rapidly into Butte County. As of this date, fifteen (15) individuals in Butte County have died due
to the fire, over one thousand two hundred (1,200) structures have been destroyed or damaged,
and approximately twenty thousand individuals (20,000) have been evacuated from the fire area.
CAL FIRE maintains a map showing the boundaries of the North Complex Fire. The fire
affected the communities of Berry Creek, Brush Creek and Feather Falls, as well as additional
rural areas.
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"Recreational Vehicle." A motor home, travel trailer, truck camper or camping trailer that is: (1)
self-contained with potable water and sewage tanks and designed for human habitation for
recreational or emergency occupancy; (2) self-propelled, truck -mounted, or permanently towable
on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle, or
a similar vehicle or structure as determined by the Director.
"Recreational Vehicle Park." A commercial use providing space for the accommodation of more
than two (2) recreational vehicles for recreational or emergency housing for displaced persons, or
for transient employee lodging and/or basecamp purposes.
"Temporary Dwelling." A temporary dwelling that meets the water, sewage disposal, and
electricity hook-up standards and includes a recreational vehicle, mobile/manufactured home, or
movable tiny house.
"Temporary Truck" and "Equipment Staging and Laydown Yard." An approved area used for the
storage of unladen trucks and equipment utilized to remove and haul away fire debris and
hazardous materials, and the storage of materials used to facilitate the removal and hauling away
of fire debris and hazardous materials, as part of the Butte County North Complex Fire
Consolidated Debris Removal Program. No fire debris or hazardous materials may be brought
onto or stored on the yard. Truck and equipment staging and laydown yards may include
associated truck and equipment repair, construction trailers, employee parking and portable
bathroom facilities set up for use by the personnel assigned to the yard, but not residences other
than for a temporary caretaker quarters."Transitory Period." The period of time after the North
Complex Fire event during which recreational vehicles do not need to meet the water, sewage
disposal, and electricity hook-up standards. The transitory period ends on December 31, 2023."
Section 3. Section 54-34 of Article III of Chapter 54 is amended as follows:
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"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
Pian, 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 twenty (20) acres and subject to all
additional requirements, such as the three hundred (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.
B. 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 North Complex 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.
C. 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
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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.
D. Temporary Recreational Vehicle Parks. The establishment of 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 twenty (20) acres and subject to all additional
requirements, such as the three hundred (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. Additionally, basecamp features may be located in the TM (Timber
Mountain) and TP (Timber Production) zones. Temporary recreational vehicle parks and
basecamp features are subject to a temporary administrative permit and subject to the applicable
requirements set forth under Subsection E, Standards.
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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 54-32 above.
5. The residential use of recreational vehicles and temporary dwellings shall be located outside
of required setbacks established in Chapter 24 of the Butte County Code, unless the applicant can
establish to the satisfaction of the Director that there is no other available location outside of the
setback area.
6. The residential use of recreational vehicles and 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 (1) of the following criteria:
a. Public water supply;
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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 (1) of the following criteria:
a. Public sewer system;
b. Existing on-site sewage disposal system that has been approved by the Department of Public
Health, Environmental Health Division to be intact, adequately sized, and functioning following
the disaster;
c. Temporary holding tank with a contract with a pumping company for regular pumping. A
copy of the contract shall be provided to the Department of Public Health, Environmental Health
Division; or
d. Other method of sewage disposal approved by the 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 (1) 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
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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 forty thousand
(40,000) lb. load that will allow for ingress and egress of fire apparatus to within one hundred
fifty (150) feet of all units and a vertical clearance of no less than fifteen (15) feet.
c. Driveways and aisles shall have a minimum width of twenty-five (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 10:00 p.m. to 7:00 a.m., 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 prior to the expiration of this ordinance. A
performance guarantee as provided by Section 24-245 of Butte County Code in the amount of
one thousand dollars ($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 4. Section 54-39 of Article III of Chapter 54 is added as follows:
"Temporary truck and equipment staging and laydown yards.
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Temporary truck and equipment staging and laydown yards coordinated through Cal OES are
allowed subject to approval of a temporary administrative permit and compliance with the
standards set forth below in the following areas:
1. On an approved mining site when the Director determines the yard will not interfere with the
mining site's reclamation and approved end use.
2. On TM (Timber Mountain), TP (Timber Production), GC (General Commercial), GI (General
Industrial), and HI (Heavy Industrial) zones.
Each Cal OES temporary truck and equipment staging and laydown yard authorized under this
article shall be coordinated through the Cal OES Operations Director or his or her designee, and
approved by the Director, prior to the issuance of a temporary administrative permit.
A. Standards. All temporary truck and equipment staging and laydown 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 of this
article. Written consent of the property owner is required in all cases.
2. Site Plan Required. A detailed site plan meeting general architectural or engineering standards,
legible and drawn to scale shall be provided with the application for a temporary administrative
permit. Partial site plans for a portion of a property may be submitted as long as a vicinity map
for the entire property showing frontage streets, other uses and a cross reference of the area of
the partial site plan is provided. All site plans shall show and label contours at maximum vertical
intervals of five (5) feet; areas of proposed grading and fill; the width of access roads to and
around parking and laydown areas and buildings; and turnaround areas for fire and emergency
services.
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3. Siting Criteria. To the extent practicable, temporary truck and equipment staging and laydown
yards shall be located on flat areas of the site that are already disturbed. Yards located on
approved mining sites shall be located within the boundaries of that portion of the parcel or
parcels of land with a valid mining permit, reclamation plan and financial assurance for surface
mining operations that have not already been reclaimed
4. Approved Access. Temporary truck and equipment staging and laydown 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 road maintenance agreement that allows
for the proposed use along the private road.
5. On-site Roads, Driveways and Aisles. Driveways and access aisles shall have a minimum
width of twenty-five (25) feet. Roads, access aisles and driveways shall have an all-weather
surface capable of supporting a forty thousand (40,000) lb. load that will allow for ingress and
egress of fire apparatus to within one hundred fifty (150) feet of all units and a vertical clearance
of no Iess than fifteen (15) feet.
6. Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall
be incorporated by the project applicant, subject property owners, or third -party contractors
during activities on the project site. A plan shall be provided to the satisfaction of the Director to
address:
a. Diesel particulate matter from construction equipment and commercial on -road vehicles
greater than ten thousand (10,000) pounds;
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b. Mobile and stationary toxic air contaminants; and
c. Fugitive dust and ash.
7. Water Quality. 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).
8. Storage or Processing of Debris Prohibited. The storage or processing of debris from the Butte
County North Complex Fire Consolidated Debris Removal Program at any temporary truck and
equipment staging and laydown yard, including the storage of trucks or equipment loaded with
debris, is expressly prohibited.
9. Hazardous Material Business Plan Required. The storage of any hazardous material at or
above State -defined thresholds shall require the approval by the Environmental Health Division
of the Department of Public Health of a Hazardous Material Business Plan.
10. 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.
11. Reclamation Required. The application for a temporary administrative permit for a temporary
truck and equipment staging and laydown yard 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:
a. Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary
truck and equipment staging and laydown yard; and
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b. Stabilization of the site, implementation of erosion control measures, and successful
revegetation to the satisfaction of the Director in order to render the site suitable for either:
i. Continued use as an approved mine site consistent with the approved mining permit,
reclamation plan and financial assurance for surface mining operations; or
ii. If the site is not an approved mine site, a permitted or conditionally permitted use for the zone
in which it is located.
12. Performance Guarantee. In approving a temporary administrative permit for a temporary
truck and equipment staging and laydown yard, the Director shall require a performance
guarantee as provided by Section 24-245 of the Butte County Code in the amount of one
thousand dollars ($1,000.00) 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. Lands shall be restored or reclaimed to the satisfaction of the
Director prior to release of the performance guarantee.
13. 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, and the State Regional Water
Quality Control Board.
B. Notice. Upon 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 three hundred (300) feet of the subject parcel. The notice shall include all
applicable standards and limitations placed upon the temporary truck and equipment staging and
laydown 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."
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Section 5. Section 54-53 of Article IV of Chapter 54 is amended as follows:
"Definitions. Except where the context clearly indicates otherwise, the following definitions
shall govern the construction of the words and phrases used in the article:
"Approved Mining Site." The portion of a parcel or parcels of land with a valid mining permit,
reclamation plan and financial assurance for surface mining operations, as required in Butte
County Code Chapter 13, Article II, Surface Mining and Reclamation.
"Basecamp." A site that includes some or all of the following features: equipment
staging/storage; employee housing; commissary; laundry; and other services for the purpose of
providing workforce housing for North Complex Fire recovery efforts or shelter of displaced
persons.
"Cal OES." The Governor's Office of Emergency Services.
"Cargo Storage Container." A single metal box made of steel or other similar material, or a shed,
which is designed for securing and protecting items for temporary storage, not exceeding three
hundred twenty (320) square feet in size, without utilities, and not used for human habitation.
"Director." The Director of the Department of Development Services or his or her authorized
representative.
"Displaced Person(s)." A county resident or residents whose residential dwelling has been
destroyed or damaged by the North Complex Fire, such that the resident(s) cannot occupy the
dwelling. Displaced Person(s) may be required to provide verification to the county to
substantiate their eligibility for uses, permits and/or approvals described in this article. Evidence
may consist of verification by Federal Emergency Management Agency (FEMA) registration or
damage assessment, and/or a driver's license or other government -issued identification card or
utility bill, etc., with a physical address showing the resident resided on a property impacted by
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the North Complex Fire, as determined by the county. Such determination may be made by the
Director or other county personnel.
"Effective Date." The date of the Board of Supervisors adoption of this article.
"FEMA." The Federal Emergency Management Agency or successor agency.
"Fire Debris" and "Hazardous Materials." Debris, ash, metals, and completely or partially
incinerated substances from qualifying structures.
"Mobile/manufactured home:" A housing structure transportable in one (1) or more sections,
designed and equipped to be used with or without a foundation system, certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
section 5401 et seq.). The County shall not grant a permit for the installation of a
mobile/manufactured home if such mobile/manufactured home is older than ten (10) years of
age. The age measurement period shall be from the year of manufacture of the home to the year
of the permit application. Mobile/manufactured home does not include recreational vehicle, park
trailer, or commercial modular as defined in Division 13, Part 2, Chapter 1, of the Health and
Safety Code.
"Movable Tiny House." A movable tiny house is a structure utilized as living quarters by one (1)
household that is licensed by and registered with the California Department of Motor Vehicles,
meets the American National Standards Institute (ANSI) 119.5 or ANSI 119.2 (NFPA 1192)
requirements and is certified by a qualified third party inspector for ANSI compliance, cannot
move under its own power, is not longer than allowed by State law for movement on public
highways, has a total floor area of not less than one hundred fifty (15 0) square feet, and has no
more than four hundred thirty (430) square feet of habitable living space.
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"North Complex Fire." The North Complex Fire derived from lightning strikes in Plumas County
on August 17, 2020. The strikes caused several fires, including the Bear Fire and the Claremont
Fire, which merged to form the North Complex Fire. On September 8, 2020, the fire spread
rapidly into Butte County. As of this date, fifteen (15) individuals in Butte County have died due
to the fire, over two thousand one hundred thirty-nine (2,139) structures have been destroyed or
damaged, of which one thousand three hundred eighty-eight (1,388) are residential, and
approximately twenty thousand individuals (20,000) have been evacuated from the fire area.
CAL FIRE maintains a map showing the boundaries of the North Complex Fire. The fire
affected the communities of Berry Creek, Brush Creek, and Feather Falls, as well as additional
rural areas.
"Qualifying Structure." A structure of one hundred twenty (120) square feet and over.
"Recreational Vehicle." A motor home, travel trailer, truck camper or camping trailer that is: (1)
self-contained with potable water and sewage tanks and designed for human habitation for
recreational or emergency occupancy; (2) self-propelled, truck -mounted, or permanently towable
on California roadways; and (3) a California Department of Motor Vehicles licensed vehicle, or
a similar vehicle or structure as determined by the Director.
"Recreational Vehicle Park." A commercial use providing space for the accommodation of more
than two (2) recreational vehicles for recreational or emergency housing for displaced persons, or
for transient employee lodging and/or basecamp purposes.
"Temporary Dwelling." A temporary dwelling that meets the water, sewage disposal, and
electricity hook-up standards and includes a recreational vehicle, mobile/manufactured home, or
movable tiny house.
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"Temporary Truck" and "Equipment Staging and Laydown Yard." An approved area used for the
storage of unladen trucks and equipment utilized to remove and haul away fire debris and
hazardous materials, and the storage of materials used to facilitate the removal and hauling away
of fire debris and hazardous materials, as part of the Butte County North Complex Fire
Consolidated Debris Removal Program. No fire debris or hazardous materials may be brought
onto or stored on the yard. Truck and equipment staging and laydown yards may include
associated truck and equipment repair, construction trailers, employee parking and portable
bathroom facilities set up for use by the personnel assigned to the yard, but not residences other
than for a temporary caretaker quarters.
"Transitory Period." The period of time after the North Complex Fire event during which
recreational vehicles do not need to meet the water, sewage disposal, and electricity hook-up
standards. The transitory period ends on December 31, 2023."
Section 6. Section 54-59 of Article IV of Chapter 54 is amended as follows:
"Temporary Recreational Vehicle Parks.
The establishment of temporary recreational vehicle parks without requiring hook-ups to water,
sewage disposal, and electricity on any property that does not contain fire debris and hazardous
materials or has been certified clean by the Department of Public Health, Environmental Health
Division in Commercial, Industrial, FR (Foothill Residential), RR (Rural Residential), PD
(Planned Development), P (Public), and RBP (Research and Business Park) zoning districts, and
in the 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
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and Monitoring Program and having a combined parcel size greater than twenty (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 set forth in Section 54-52. Basccamp features may be
located in the same zones as temporary recreational vehicle parks, except for the FR (Foothill
Residential) and RR (Rural Residential) zones. Additionally, basecamp features may be located
in the TM (Timber Mountain) and TP (Timber Production) zones. Temporary recreational
vehicle parks and basecamp features are subject to a temporary administrative permit and subject
to the applicable requirements set forth under Section 54-57, Standards, as well as the following
standards:
A. Minimum Parcel Size. Except for AG (Agriculture) zoned parcels which shall be a minimum
total of twenty (20) acres, the minimum parcel size for eligibility to locate a temporary
recreational vehicle park or basecamp feature is two (2) acres.
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 forty thousand
(40,000) lb. load that will allow for ingress and egress of fire apparatus to within one hundred
fifty (15 0) feet of all units and a vertical clearance of no less than fifteen (15) feet.
C. Driveways and aisles shall have a minimum width of twenty-five (25) feet.
D. A county encroachment permit must be obtained for all new and existing driveway
approaches to publicly maintained roads as specified in the County Improvement Standards.
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E. The temporary administrative permit may be subject to additional requirements from Butte
County Fire, Butte County Public Works, the State Department of Housing and Community
Development, and the State Regional Water Quality Control Board.
F. The following additional standards apply to temporary recreational vehicle parks and
basecamp features in the FR (Foothill Residential) and RR (Rural Residential) zones.
a. Basecamps are not permitted.
b. Parcels shall be a minimum five (5) acres in size.
c. No more than two (2) recreational vehicles shall be allowed per acre.
d. There shall be a 25 -foot setback from all property lines for all recreational vehicles and related
improvements.
e. Quiet hours shall be maintained from 10:00 p.m. to 7:00 a.m., during which generators sball
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.
G. 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.
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Lands upon which temporary recreational vehicle parks and basecamp features in AG
(Agriculture) zones are located shall be restored to their prior agricultural use or other
agricultural use as approved by the Director prior to the expiration of this ordinance. A
performance guarantee as provided by Section 24-245 of Butte County Code in the amount of
one thousand dollars ($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 7. Section 54-67 of Article IV of Chapter 54 is added as follows:
"Temporary truck and equipment staging and laydown yards.
Temporary truck and equipment staging and laydown yards coordinated through Cal OES are
allowed subject to approval of a temporary administrative permit and compliance with the
standards set forth below in the following areas:
1. On an approved mining site when the Director determines the yard will not interfere with the
mining site's reclamation and approved end use.
2. On TM (Timber Mountain), TP (Timber Production), GC (General Commercial), GI (General
Industrial), and HI (Heavy Industrial) zones.
Each Cal OES temporary truck and equipment staging and laydown yard authorized under this
article shall be coordinated through the Cal OES Operations Director or his or her designee, and
approved by the Director, prior to the issuance of a temporary administrative permit.
A. Standards. All temporary truck and equipment staging and laydown yards shall meet the
following standards:
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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 of this
article. Written consent of the property owner is required in all cases.
2. Site Plan Required. A detailed site plan meeting general architectural or engineering standards,
legible and drawn to scale shall be provided with the application for a temporary administrative
permit. Partial site plans for a portion of a. property may be submitted as long as a vicinity map
for the entire property showing frontage streets, other uses and a cross reference of the area of
the partial site plan is provided. All site plans shall show and label contours at maximum vertical
intervals of five (5) feet; areas of proposed grading and fill; the width of access roads to and
around parking and laydown areas and buildings; and turnaround areas for fire and emergency
5.Y41i*111401.1
3. Siting Criteria. To the extent practicable, temporary truck and equipment staging and laydown
yards shall be located on flat areas of the site that are already disturbed. Yards located on
approved mining sites shall be located within the boundaries of that portion of the parcel or
parcels of land with a valid mining permit, reclamation plan and financial assurance for surface
mining operations that have not already been reclaimed.
4. Approved Access. Temporary truck and equipment staging and laydown 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 road maintenance agreement that allows
for the proposed use along the private road.
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5. On-site Roads, Driveways and Aisles. Driveways and access aisles shall have a minimum
width of twenty-five (25) feet. Roads, access aisles and driveways shall have an all-weather
surface capable of supporting a forty thousand (40,000) lb. Ioad that will allow for ingress and
egress of fire apparatus to within one hundred fifty (150) feet of all units and a vertical clearance
of no less than fifteen (15) feet.
6. Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall
be incorporated by the project applicant, subject property owners, or third -party contractors
during activities on the project site. A plan shall be provided to the satisfaction of the Director to
address:
a. Diesel particulate matter from construction equipment and commercial on -road vehicles
greater than ten thousand (10,000) pounds;
b. Mobile and stationary toxic air contaminants; and
c. Fugitive dust and ash,
7. Water Quality. 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).
8. Storage or Processing of Debris Prohibited. The storage or processing of debris from the Butte
County North Complex Fire Consolidated Debris Removal Program at any temporary truck and
equipment staging and laydown yard, including the storage of trucks or equipment loaded with
debris, is expressly prohibited.
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9. Hazardous Material Business Plan Required. The storage of any hazardous material at or
above State -defined thresholds shall require the approval by the Environmental Health Division
of the Department of Public Health of a Hazardous Material Business Plan.
10. 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.
11. Reclamation Required. The application for a temporary administrative permit for a temporary
truck and equipment staging and laydown yard 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:
a. Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary
truck and equipment staging and laydown yard; and
b. Stabilization of the site, implementation of erosion control measures, and successful
revegetation to the satisfaction of the Director in order to render the site suitable for either:
i. Continued use as an approved mine site consistent with the approved mining permit,
reclamation plan and financial assurance for surface mining operations; or
ii. If the site is not an approved mine site, a permitted or conditionally permitted use for the zone
in which it is located.
12. Performance Guarantee. In approving a temporary administrative permit for a temporary
truck and equipment staging and laydown yard, the Director shall require a performance
guarantee as provided by Section 24-245 of the Butte County Code in the amount of one
thousand dollars ($1,000.00) 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
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satisfaction of the Director. Lands shall be restored or reclaimed to the satisfaction of the
Director prior to release of the performance guarantee.
13. 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, and the State Regional Water
Quality Control Board.
B. Notice. Upon 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 three hundred (300) feet of the subject parcel. The notice shall include all
applicable standards and limitations placed upon the temporary truck and equipment staging and
laydown 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."
Section 8. Section 5468 of Article 1V of Chapter 54 is added as follows:
"Extension of Regulations for Limited Density Owner -Built Rural Dwellings to Parcels in
the North Complex Fire Area.
A. Notwithstanding any contrary provision in the Butte County Code and for the purposes of this
Article, the definition of the term "Rural" (as currently defined in Butte County Code section 26-
63) will include legal parcels in the North Complex Fire area which are (1) less than one acre in
size and (2) in the Very Low Density Residential (VLDR), Low Density Residential (LDR) or
Medium Density Residential (MDR) zones. The owner(s) of such parcels are permitted to utilize
Article VI of Chapter 26 of the Butte County Code, "Regulations for Limited Density Owner -
Built Rural Dwellings" for rebuilding structures that were destroyed in the North Complex Fire
disaster. Such legal parcels are depicted on the attached Exhibit B.
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B. Notwithstanding the foregoing, generators are not permitted as the primary source of power
for structures in the Very Low Density Residential (VLDR), Low Density Residential (LDR) or
Medium Density Residential (MDR) zones.
Section 9. 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 10. Severability. 1f 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 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 11. 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
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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,
California.
III
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PASSED AND ADOPTED by the Board Of Supervisors of the County of Butte, State of
California, on the 12th day of January, 2021 by the following vote:
AYES: Supervisors Lucero, Ritter, Kimmelshuejeeter, and Chair Connelly
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Andy Pickett, Chief. Administrative Officer
and Clerk of the Board
By:
Deputy
n—
Bill Conel ly, Chair
Butte County Board of Supervisors
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