HomeMy WebLinkAboutUP15-0005_PC Agenda Report_022516
Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 1
BUTTE COUNTY PLANNING COMMISSION
AGENDA REPORT – February 25, 2016
Applicant: Old Durham Wood, Inc. Location: The project site is located at
1156 Oroville-Chico Highway.
The project site is located
approximately five miles
southeast of Chico, westerly of
Highway 99 and 1.8 miles north
of the Durham-Pentz Road exit
to Highway 99.
Owner: Old Durham Wood, Inc.
File #: UP15-0005 Parcel Size: 87.76± acres
Request: Amendment of Conditional Use
Permit (UP14-0002) to establish a
security employee unit; to permit
temporary use of a recreational
vehicle during construction; to
construct permanent sanitation
facilities; and, to relocate the
hazardous materials depot.
Supervisor
District:
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Planner:
Rowland Hickel
Senior Planner
Attachments
A:Resolution No. 15-__ with
Conditional Use Permit –
UP15-0005 (Exhibit A)
B:Site Plan
G.P.: AG (Agriculture) C:Conditional Use Permit UP14-
0002
Zoning: AG-40 (Agriculture – 40 acre
minimum parcel size)
APN: 040-120-033
EXECUTIVE SUMMARY
The Planning Commission conducted a hearing on January 28, 2016 to review the applicant’s progress
towards compliance with conditions of approval for Conditional Use Permit UP14-0002, and to consider a
proposed amendment (UP15-0005) to UP14-0002. On a 5-0 vote, the Planning Commission adopted a
Motion of Intent to approve the amendment with direction provided to staff to make the following changes:
1. Allow the applicant to keep one unoccupied recreational vehicle at the facility until April 15th. If
the applicant is unable to complete new Conditions No. 6, 7 and 8 (Approved water system and
sewage disposal system) by April 15th, the recreational vehicle shall be removed.
2. The applicant may bring one recreational vehicle back to the facility, and use the recreational
vehicle for occupancy for one year from the date of approval, if new Conditions No. 6, 7, and 8 are
completed.
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 2
3. Permanent sanitation facilities must be constructed within 120 days of issuance of grading and
drainage plans by the Public Works Department.
The Commission continued the hearing to February 25, 2016 to review the changes, and to approve UP15-
0005.
Staff is also recommending that the Planning Commission consider adding a set date to construct permanent
sanitation facilities if grading and drainage plans are not issued by the Public Works Department.
RECOMMENDED ACTION
1. Adopt the CEQA Addendum to Initial Study/Mitigated Negative Declaration (SCH
#2014042060).
2. Approve UP15-0005, amending UP14-0002, subject to the conditions and findings
recommended by staff.
ANALYSIS
Permanent Sanitation Facilities
The applicants are currently operating the facility with the use of portable toilets. Pursuant to the regulations
noted in the footer, permanent job sites with employees are required to have permanent sanitation facilities.
Butte County Code (BCC) Chapter 19-7.C. prohibits the disposal of wastewater in any manner other than
by an approved on-site wastewater system.1 Chapter 19-7 C. 10 also prohibits the use of portable
toilets other than for approved temporary uses.2 California Code of Regulations General Industry
Safety Orders require that toilet facilities shall be maintained in good working order and be accessible
to employees at all times. OSHA regulations for Occupational Safety and Health Standards require that
toilet facilities be provided in all places of employment, and that the sewage disposal method shall not
endanger the health of employees.3
At the January 28, 2016 meeting, the Planning Commission adopted a motion of intent requiring that
permanent sanitation facilities be constructed within 120 days of issuance of grading and drainage
plans by the Public Works Department. Staff recommends that the Planning Commission also include
a set date to construct permanent sanitation facilities if grading and drainage plans are not issued by
the Public Works Department. This recommendation is requested because the current proposal only
requires sanitation facilities as part of Phase II, which has no established completion date, and because
there are no conditions to require the applicant to construct sanitation facilities. Approval of this
condition (Condition No. 9) would ensure that the Old Durham Wood Facility is brought into
compliance with State and local regulations.
DEVELOPMENT SCHEDULE
1 The requirements of BCC §19-7 (On-site wastewater system requirements) are available at:
https://www.municode.com/library/ca/butte_county/codes/code_of_ordinances?nodeId=CH19TEWASY
2 The requirements of California Code of Regulations, Title 8, Article 9 (Sanitation) are available at:
https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I2DB84DA0D47
C11DE8879F88E8B0DAAAE&originationContext=documenttoc&transitionType=Default&contextData=(sc.Def
ault)
3 Occupational Safety & Health Administration Regulations – 1910.141 (Sanitation) requirements are available at:
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 3
Completion of project phases that occur within the facility are directly linked to completion of several
conditions of approval. With the first phase focused on bringing the existing facility into compliance with
state and local regulations, many of the conditions are required prior to grading of the expansion area, which
was to be completed within one year of approval. Phase 2 focused on utilizing the expansion area, including
transferring any equipment and materials to the expansion area, and was timed to occur after completion of
Phase 1 and any timed conditions.
Due to the complex sequence of development needed to achieve compliance, including completion of
certain conditions and activities, the development schedule shown below is being provided. Regardless of
these timed development activities, the applicant is still responsible for completing all conditions of
approval and ensuring that activities are kept within the approved project scope and site plan. Any
deviations from the approved permit must be requested by the applicant, prior to making the changes.
Prior to Issuance of Grading and Drainage Plans:
1. Approval of building permits for the on-site water storage and delivery system (Condition Nos.
22, 28, & 34).
2. Obtain coverage under a National Pollution Discharge Elimination System (NPDES) Permit
from the State Water Board (Condition Nos. 10, 19, & 27).
3. Completion of biological mitigation measures (Condition Nos. 6, 7, & 8). Conditions include
performing a protocol-level survey for selected species, completion of a migratory bird survey,
and installation of fencing around wetland and drainage buffer areas. Surveys and fencing
installation must be performed to the satisfaction of California Department of Fish and Wildlife
and the Planning Division.
Prior to April 15, 2016:
1. Completion of Condition Nos. 6, 7, & 8 of UP15-0005 or removal of the recreational vehicle.
Within 120 Days from the Issuance of Grading and Drainage Plans:
1. Construct permanent sanitation facilities (Condition No. 9 of UP15-0005).
Prior to Initiation of Phase 2 (No activities are allowed within expansion area until Phase 1 has been
completed.)
1. Approval of Grading and Drainage Plans for the expansion area (Condition No. 26). All work
detailed in the grading and drainage plans must be completed to the satisfaction of the Public
Works Department.
2. Approval of building permits to convert the existing agricultural building into a warehouse
(Condition No. 23). The building permit must be issued, and all required improvements to the
structure completed, to the satisfaction of the Building Division.
3. Completion of fire suppression system (installation and approval of fire hydrants) (Condition
No. 34). Installation of the fire suppression system, including the installation of 7 fire hydrants
and associated water lines, must be completed to the satisfaction of the Butte County Fire
Department.
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 4
4. Completion of Encroachment Permit (Condition Nos. 15 & 25). In addition to improvements
detailed in the grading and drainage plans, the existing encroachment to the facility (which
has not been approved by the County) must be improved to meet drainage and safety standards.
Follow-up Status Report
Staff will provide regular updates of Old Durham Wood’s compliance with conditions of approval to the
Planning Commission. Staff anticipates the next status report will be provided at the next available meeting
following April 15, 2016.
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 5
RESOLUTION NO. PC-______
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION DECLARING THE
EXISTENCE OF A PUBLIC NUISANCE ON THE PROPERTY LOCATED AT 1156
OROVILLE-CHICO HIGHWAY, DURHAM, CALIFORNIA, IN THE UNINCORPORATED
AREA OF BUTTE COUNTY (APN: 040-120-033); APPROVING A MODIFICATION OF
CONDITIONAL USE PERMIT UP14-0002 IN THE ABATEMENT THEREOF; AND
APPROVING CONDITIONAL USE PERMIT UP15-0005 AMENDING CONDITIONAL USE
PERMIT UP14-0002 (Old Durham Wood, Inc.)
WHEREAS, Butte County Code §24-251 provides the reviewing authority of any discretionary
permit approved by the County an official procedure to modify the conditions of approval for a use or
structure that is being operated or maintained in a manner which constitutes a nuisance, as specified in §24-
251(C); and
WHEREAS, under Butte County Code §24-251(B), the review authority that originally approved
the permit or authorized its approval shall hold a public hearing, and provide public notice of said hearing,
in accordance with Article 36 of Butte County Code (Public Notice and Hearings), for any action to modify
a permit; and
WHEREAS, the Planning Commission, having been the reviewing authority for Conditional Use
Permit UP14-0002, approved the permit on May 22, 2014 establishing a facility that includes green waste
disposal, chipping and grinding of green waste, composting, firewood processing and storage, and an
orchard/farm wood milling operation encompassing 58 acres of the 87.76 acre parcel; and
WHEREAS, the applicant of Conditional Use Permit UP14-0002 (Old Durham Wood, Inc.) has
requested a modification of UP14-0002 to modify Condition 24, and as a result of that modification
allowing the placement of a security employee unit, will necessitate the relocation of the hazardous
materials depot; and
WHEREAS, on January 28, 2016 and February 25, 2016, the Butte County Planning Commission
conducted duly noticed hearings and considered evidence presented by county staff; and
WHEREAS, pursuant to Butte County Code §19-7; Title 8, Article 9 of the California Code of
Regulations; and, §1910.141 of the Occupational Safety & Health Administration Regulations, the use of
portable toilets to provide for the sanitation needs on a permanent job site is prohibited; and
WHEREAS, the evidence presented at the hearing clearly revealed that since approval of UP14-
0002, the facility has operated without having the required permanent sanitation facilities for its employees;
and,
WHEREAS, continued operation of the facility without the benefit of permanent sanitation
facilities constitutes a nuisance that may adversely affect the health and safety of employees and the general
public, necessitating modification of UP14-0002 to facilitate the abatement of said nuisance; and
WHEREAS, the Planning Commission has considered Conditional Use Permit UP15-0005 by Old
Durham Wood, Inc. amending UP14-0002 to establish a permanent security employee unit; permitting the
temporary use of a recreational vehicle as a security employee unit during construction of the permanent
unit; and relocation of the hazardous materials depot, as permitted by UP14-0002; and
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 6
WHEREAS, the Planning Commission has considered the Addendum to the adopted Initial Study
and Mitigated Negative Declaration (SCH No. 2014042060), prepared in accordance with the California
Environmental Quality Act; and
WHEREAS, said conditional use permit application was referred to various affected public and
private agencies, County departments, and referral agencies for review and comments; and
WHEREAS, the Planning Commission has considered public comments and a report from the
Planning Division.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of Butte County hereby
finds and declares the following:
I. Approves modification of UP14-0002 adding ten conditions, including Condition No. 9, causing
the applicant to construct permanent sanitation facilities under permit from the Butte County
Building Division to the satisfaction of Butte County Environmental Health Division within 120
days from the issuance date of grading and drainage plans by the Butte County Public Works
Department, but no later than December 31, 2016.
II. Adopts the Addendum to the Mitigated Negative Declaration with the following findings:
A. An Initial Study/Mitigated Negative Declaration (SCH No. 2014042060) was completed
in compliance with the California Environmental Quality Act, and certified by the Butte
County Planning Commission on May 22, 2014.
B. The Addendum to the certified IS/MND was prepared pursuant to CEQA Section 15162
and 15164. The Addendum evaluated the proposed amendments to the Approved Project,
any change in circumstances, or any new information since the IS/MND was certified, to
determine if an additional environmental review or preparation of a subsequent MND or
EIR is required. Said Addendum did not identify any new significant environmental
effects.
C. The Planning Commission has considered the Addendum, together with the adopted
Mitigated Negative Declaration, and all comments received during the review process.
D. On the basis of the whole record before the Planning Commission, including the
Addendum, Initial Study/Mitigated Negative Declaration, and any comments received,
there is no substantial evidence that the Use Permit for Old Durham Wood, Inc., Planning
Division File No. UP15-0005 would have a significant effect on the environment.
E. The custodian of the record is the Department of Development Services. The location of
the record is 7 County Center Drive, Oroville CA 95965.
F. The Addendum and Initial Study/Mitigated Negative Declaration reflects the independent
judgment and analysis of the County, which is the Lead Agency.
III. Approves Conditional Use Permit UP15-0005 subject to the following findings and the conditions
of approval found in Exhibit “A”:
A. The project is consistent with the Criteria for Granting Use Permits, identified in Butte County
Code Section 24-222, as follows:
1. The proposed use is allowed in the applicable zone.
Approval of the proposed amendments to UP14-0002, and the associated site plan,
is allowed pursuant to Butte County Code Section 24-246, which allows an
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 7
applicant to change an approved project authorized by the Zoning Ordinance,
provided the changes are approved by the Planning Commission (review
authority), and public noticing and a public hearing for the request is in
compliance with Article 36 (Public Notice and Hearings). Approval of the
amendment would also allow a permanent security employee unit and the keeping
of a temporary recreational vehicle on the project site that had been prohibited on
the property with the approval of Condition No. 24 of UP14-0002.
2. The location, size, design, and operating characteristics of the proposed use will
be compatible with the existing and future land uses in the vicinity of the subject
property.
Setbacks from property lines of over 300-feet for the proposed uses establishes a
buffer from adjacent agricultural zones ensuring that the permanent unit and
temporary recreational vehicle unit are located in an area of the property that
would not interfere with the existing agricultural uses in the vicinity of the project
site.
3. The proposed use will not be detrimental to the public health, safety, and welfare
of the County.
The permanent occupancy of recreational vehicles at the facility without the
benefit of domestic water and a wastewater disposal system is detrimental to the
public’s health and safety. Approval of the proposed uses would replace the illegal
dwellings with a permanent unit to be served with approved drinking water and
wastewater disposal systems and further developed in accordance with State and
County regulations. Restrictions to the occupancy of the units are included that
will limit the number of occupants, age of occupants, as well as limit occupancy to
employees of the business, to ensure that any potential hazards from the facility
are reduced to only individuals who are employed by the facility, thereby
knowingly accepting the potential risks.
4. The proposed use is properly located within the County and adequately served by
existing or planned services and infrastructure.
The Project has been reviewed by County agencies including Public Works,
Environmental Health, Butte County Fire, Air Quality Management District, and
the Building Division to ensure that the project site shall have services and
infrastructure available to adequately serve the proposed unit.
5. The size, shape, and other physical characteristics of the subject property are
adequate to ensure compatibility of the proposed use with the existing and future
land uses in the vicinity of the subject property.
The Project is located on a property that has physical characteristics, including
the large parcel size and level terrain, which is capable of accommodating the
proposed uses, and ensuring compatibility with adjacent land uses. Conditions of
approval are included to ensure the compatibility of the proposed temporary use
of a recreational vehicle and the permanent unit to provide onsite security to the
Old Durham Wood facility.
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 8
B. The project is consistent with the applicable Goals and Policies of the Butte County
General Plan, as presented in the General Plan Consistency Review included in the staff
report.
DULY PASSED AND ADOPTED this 25th Day of February, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mary Kennedy, Chair
Planning Commission
County of Butte, State of California
ATTEST:
_____________________________
Kim McMillan, Secretary
Planning Commission
County of Butte, State of California
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 9
EXHIBIT A
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION February 25, 2016
DATE:
UP15-0005 (Amendment No. 1 to UP14-0002)
PERMIT NO.
ASSESSOR’S PARCEL NO. 040-120-033
I. GENERAL REQUIREMENTS, CONDITIONS AND RESTRICTIONS:
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said permit in
accordance with the procedures set forth in the Butte County Zoning Ordinance, including
Butte County Code Sec. 24-251.
2. Unless otherwise provided for in a special condition to this Conditional Use Permit, all
conditions must be completed prior to or concurrently with the establishment of the granted
use. The use granted by this permit must be established within two years of the date of
approval.
3. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
4. If any use for which a Conditional Use Permit has been granted is not established within
two years of the receipt of the Permit by the Permittee consistent with conditions of
approval herein, the Permit shall become null and void and reapplication pursuant to Butte
County Code Section 24-248 shall be required to establish the use previously granted under
the expired Permit unless, 30 days prior to the expiration date, a request for a one year
extension is submitted to the Planning Commission together with sufficient evidence that
the time limits for processing development permits under federal or state regulations
require time limits which exceed one year. Upon application, and for good cause by the
Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning Code, the
Planning Commission may extend any time limitation previously made a part of any
condition to a Conditional Use Permit.
5. The terms and conditions of this Permit shall run with the land and shall be binding upon
and to the benefit of the heirs, legal representatives, successors, and assigns of the
Permittee.
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Butte County Department of Development Services
February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 10
6. Neither the applicant, nor any agent nor representative of the applicant shall intentionally
omit or misrepresent any material fact in connection with the application. Any alleged
material misrepresentation shall constitute grounds for the Director of Development
Services to commence a revocation hearing, and, if proven to exist, shall constitute
sufficient grounds to revoke the Permit.
II. DESCRIPTION OF APPROVED USE:
The following description, together with the approved Site Plan incorporated herein by reference,
shall constitute the entire approved use and structures authorized by this Conditional Use Permit:
Conditional Use Permit UP14-0002 is amended to add the following to the description of approved
use:
Security Employee Unit
The applicant is requesting to amend Condition No. 24 of the approved project to allow for the
establishment of a security employee unit. The unit will be used for an employee of the facility to
provide 24-hour security, and would provide provisions for living, sleeping, eating, cooking, and
sanitation. The proposal is to install a +/- 1,000 square foot modular unit on a tie-down foundation
system.
Recreational Vehicle as a Temporary Security Employee Unit
One recreational vehicle, provided it is first served by an approved water system and approved
onsite wastewater system, will be used at the facility as a temporary Security Employee Unit during
installation of the permanent security employee unit.
Relocation of Hazardous Materials Depot
The location of the hazardous materials depot (approved as part of UP14-0002) will be re-located
approximately 500 feet northwest from its approved location, in accordance with the approved site
plan.
III. CONDITIONS OF APPROVAL:
Note: Except as specifically provided herein, all terms, conditions and requirements of Conditional Use Permit
UP14-0002 shall continue to apply.
Planning Division, Department of Development Services
1. Applicant shall construct the permanent security employee unit, and a final approval shall be issued,
within a one-year period from the date of approval of the modified Conditional Use Permit. If
additional time to construct the unit is required, the applicant shall file a request to change the
approved Conditional Use Permit, pursuant to Butte County Code Section 24-246 [Changes to an
Approved Project] prior to expiration of the one-year period. If the final approval is not issued,
and the applicant has not filed a request to change the approved permit, UP15-0005 shall become
void, and all recreational vehicles on the property shall be removed by the applicant. This condition
of approval shall replace Condition No. 24 of Conditional Use Permit UP14-0002.
2. Occupancy of the security employee unit is limited to 1 or 2 persons, one of which must be
employed by the commercial business for the purpose of care and protection of on-site facilities.
No minor under the age of 18 years old is permitted to occupy the unit. This condition of approval
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February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 11
shall be included as part of any rental agreement or lease for the unit and shall be posted in a
conspicuous place in the unit.
3. The security employee unit shall not be separately rented, let, or leased to someone other than to
the employee who is employed by the commercial business for the purpose of care and protection
of on-site facilities, whether compensation be direct or indirect.
4. One recreational vehicle may be located on the property for up to one year from the date of issuance
of the modified Conditional Use Permit for use as a temporary security employee unit during the
construction of the permanent security employee unit. The recreational vehicle shall remain
unoccupied until Conditions 6, 7 and 8 have been completed to the satisfaction of Butte County
Environmental Health. If Conditions 6, 7 and 8 have not been completed, the unoccupied
recreational vehicle shall be removed from the property by April 15, 2016. If Conditions 6, 7 and
8 have been completed, the recreational vehicle shall be removed from the property within one year
of use permit issuance. Upon the issuance of a final approval for the permanent security employee
unit, the recreational vehicle shall be removed from the property within 30 days.
5. The Conditional Use Permit and the associated site plan, as approved by the Planning Commission,
shall supersede all permitted uses allowed by the applicable zoning ordinance. Any proposed uses
or structures made by the applicant after approval of the Conditional Use Permit shall be made in
accordance with Butte County Code Section 24-246 [Changes to an Approved Project].
Environmental Health Division, Public Health Department:
6. The applicant shall complete the following work needed for the onsite wastewater system:
A. Using a Butte County Certified Installer, complete the installation of the onsite wastewater
system in accordance with the design approved under the Onsite Wastewater System
Permit dated April 16, 2015.
B. Contact Butte County Environmental Health (BCEH) immediately prior to initiation of
construction activities and provide BCEH with a written determination by the design
engineer that site conditions are acceptable for initiation of system construction activities.
C. Contact BCEH when the following phases of system construction have been completed,
prior to initiation of the next phase of installation:
i. Excavation through the mudflow into the soil horizon that is designed to accept the
wastewater;
ii. Placement of sand as backfill over the soil horizon that is designed to accept the
wastewater;
iii. Pressure check (“squirt test”) of the dispersal system.
D. Provide BCEH with a scaled As-Built Drawing and completed As-Built Checklist prepared
by the Certified Installer and signed jointly by the Certified Installer and the design
engineer.
E. If precipitation occurred during construction activities, provide BCEH with a written
determination by the design engineer that the precipitation did not adversely impact the
viability of the system installed.
F. Connect the recreational vehicle temporarily located on the property to the completed
onsite wastewater system.
7. The applicant shall complete the following work needed for the water system:
A. Obtain permits, such as Building and Electrical Permits, for all work that has already been
performed related to the water system.
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February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 12
B. Perform water quality testing of the water system and provide sampling results indicating
the absence of total and fecal coliform and a level of nitrates less than 10 milligrams per
liter.
C. Connect the recreational vehicle temporarily located on the property to the completed water
system.
8. The applicant shall complete Conditions 6 and 7 by April 15, 2016, which is the expiration date for
the onsite wastewater system permit, or the recreational vehicle shall be removed from the property
even if the expiration date for the onsite wastewater system permit is extended. If the applicant has
completed Conditions 6 and 7 by April 15, 2016, the recreational vehicle may remain on the
property, as stipulated in Condition 4. If the applicant completes Conditions 6 and 7 after April 15,
2016, the recreational vehicle may be returned to the property, as stipulated in Condition 4.
9. The applicant shall construct permanent sanitation facilities within 120 days from the issuance of
grading and drainage plans by the Department of Public Works, but no later than December 31,
2016. Sanitation facilities must be constructed to the satisfaction of the Butte County
Environmental Health and Building Division and connected to the onsite wastewater system
constructed to the satisfaction of Butte County Environmental Health.
10. The applicant shall obtain all necessary building permits for work related to the Security Employee
Unit and permanent sanitation facilities from the Butte County Building Division. Permitting of
the Security Employee Unit would be classified as a Caretaker Quarters, as defined in Section 24-
304 of Butte County Code.
County Counsel:
11. If this entire matter or any finding, action or condition of this matter is appealed to the Board of
Supervisors, the applicants or any other developer/operator other than the applicants agree to
indemnify the County of Butte from liability or loss related to the approval of this project and agrees
to sign an indemnification agreement in a form approved by County Counsel before the Board’s
appeal hearing. If the application is not appealed, this condition is deemed satisfied.
IV. APPLICANT ACCEPTANCE AND ACKNOWLEDGEMENT OF CONDITIONS
OF APPROVAL:
I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the
conditions which were imposed upon the granting of this Conditional Use Permit, and that I agree to abide
fully by said conditions.
Dated: ___________ __________________________________
Applicant
NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and Health
Department permits, nor does it waive any other requirements.
CC: Land Development Division, Department of Public Works
Building Division
Environmental Health Division
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February 25, 2016 Agenda Report – Old Durham Wood, Inc. UP15-0005 Page 13
Butte County Fire Department/Cal Fire
Butte County Assessor’s Office
Butte County Air Quality Management District
13
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Page 1 of 18
CONDITIONAL USE PERMIT
BUTTE COUNTY PLANNING COMMISSION __May 22, 2014_ __________
DATE:
__UP14-0002____________ ___
PERMIT NO.
ASSESSOR’S PARCEL NO. 040-120-033
I. GENERAL REQUIREMENTS, CONDITIONS AND RESTRICTIONS:
1. Failure to comply with the conditions specified herein as the basis for approval of
application and issuance of Permit constitutes cause for the revocation of said
permit in accordance with the procedures set forth in the Butte County Zoning
Ordinance, including Butte County Code Sec. 24-45.65.
2. Unless otherwise provided for in a special condition to this Conditional Use
Permit, all conditions must be completed prior to or concurrently with the
establishment of the granted use. The use granted by this permit must be
established within two years of the date of approval.
3. Minor changes may be approved administratively by the Directors of
Development Services, Environmental Health, or Public Works upon receipt of a
substantiated written request by the applicant, or their respective designee. Prior
to such approval, verification shall be made by each Department or Division that
the modification is consistent with the application, fees paid and environmental
determination as conditionally approved. Changes deemed to be major or
significant in nature shall require a formal application for amendment.
4. If any use for which a Conditional Use Permit has been granted is not established
within two years of the receipt of the Permit by the Permittee consistent with
conditions of approval herein, the Permit shall become null and void and
reapplication pursuant to Section 24-45 (of the Zoning Code) shall be required to
establish the use previously granted under the expired Permit unless, 30 days prior
to the expiration date, a request for a one year extension is submitted to the
Planning Commission together with sufficient evidence that the time limits for
processing development permits under federal or state regulations require time
limits which exceed one year. Upon application, and for good cause by the
Permittee, at a public hearing pursuant to Section 24-45.25 above, the Planning
Commission may extend any time limitation previously made a part of any
condition to a Conditional Use Permit.
5. The terms and conditions of this Permit shall run with the land and shall be
binding upon and to the benefit of the heirs, legal representatives, successors, and
assigns of the Permittee.
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Page 2 of 18
6. Neither the applicant, nor any agent nor representative of the applicant shall
intentionally omit or misrepresent any material fact in connection with the
application. Any alleged material misrepresentation shall constitute grounds for
the Director of Development Services to commence a revocation hearing, and, if
proven to exist, shall constitute sufficient grounds to revoke the Permit.
II. DESCRIPTION OF APPROVED USE:
The following description, together with the approved Site Plan incorporated herein by
reference, shall constitute the entire approved use and structures authorized by this
Conditional Use Permit:
Chipping and Grinding Operations
Green material used in the chipping and grinding operation comes from both the general
public as well as commercial businesses. Green Materials are defined in 14 CCR
§17852(a)(21) as any plant materials that are separated at the point of generation,
contains no greater than 1.0 percent of physical contaminants by weight, and meets the
requirements of 14 CCR §17868.5. Green materials include, but are not limited to, yard
trimmings, untreated wood wastes, natural fiber products, and construction and
demolition wood waste. Green material does not include food material, biosolids, mixed
solid waste, materials processed from commingled collection, wood containing lead-
based paint or wood preservative, mixed construction or mixed demolition debris.
The general public and commercial businesses deliver green materials to the Public
Green Waste Dumping station within the facility. Green materials will also be delivered
to the site from the North Area Recovery Station (NARS), located in Sacramento. Green
materials delivered by NARS are transported to the site by commercial trucks and would
be deposited in the truck dump station, located adjacent to the Green Waste Grinding
area.
The general public and commercial businesses unload their own materials by hand or by
other mechanical methods that are under their control (i.e. dumping trailers and dumping
truck beds). For some commercial businesses that deliver large quantities of pallets or
wooden crates, a forklift is used to aid in the unloading of the materials. Commercial
trucks that bring material from NARS would use the on-site truck dump to facilitate the
removal of material from their trailers. Once a sufficient amount of green waste material
from NARS or the general public has accumulated, a front-end loader will bring the
materials to the screening system or directly to the grinder to be processed into biomass
fuel for consumption in a co-generation power plant.
The chipping and grinding operation has the capacity to store up to 30,000 cubic yards of
green waste material (raw and processed) at the facility. Green waste material from
NARS is processed about twice a week. Green waste material from the general public
and commercial businesses is processed about every 1-3 weeks depending on the volume
of material received. Materials are processed through a horizontal grinder and are then
passed through a screener to separate the smaller material (fines) from the larger material.
The larger materials, such as tree stumps and logs, will be processed less frequently (i.e.
when it will be needed or when there is a buyer for the material).
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The length of time that the processed materials from the public will stay on site depends
on the needs of the co-generation power plants. At certain times of the year they may
stop accepting processed green waste, in which case, materials would be stored onsite
until there is a need for it. During the fall and winter months, co-generation power plants
have a greater need for material to burn and they accept more processed green waste.
During the late spring and summer, there is more agriculture material available to them,
so co-generation power plants cut back on accepting processed green waste. Green waste
material from NARS is hauled off by Sierra Pacific Industries. Their material may stay
on site for up to two months, but is usually hauled out within 4 weeks.
Between the public green waste and the green waste material from NARS, a total of
300,000 cubic yards of green waste material is processed each year. Public green waste
accounts for about 60,000 cubic yards, and the green waste from NARS is about 240,000
cubic yards.
There are between 30-50 public vehicles accessing the site each day, consisting of
landscapers, homeowners and small businesses that generate green waste. There are
between 10-15 NARS trucks accessing the site each day. Most of the NARS trucks are
immediately loaded with processed material to be hauled off. Occasionally a truck will
arrive empty and leave with biomass fuel or drop off NARS material and leave empty.
Load checks are performed periodically throughout the day and people found bringing in
unacceptable materials are asked to remove the materials from the site and their dumping
privileges may be revoked. The material is also checked before being pushed into larger
piles and any hazardous or unacceptable materials are removed and placed in the
appropriate dumpsters. An onsite 20-yard trash/recyclable dumpster and dumpsters for
metal are available.
Firewood Processing and Storage Operations
A Firewood Processing and Storage Operation includes the pruning and sale of orchard
and farm wood obtained from off-site or on-site sources, on a site occupying no more
than 20 percent of the parcel’s total size, and where more than 100 cords of firewood is
stored for processing and off-site or on-site sales.
Wood used in the firewood processing operations are harvested from area orchards and
purchased from Sierra Pacific Industries. It consists mainly of Almond, Walnut and
Eucalyptus but can also include other types of orchard or farm wood. Wood is cut off-
site and loaded onto trucks and hauled into the project site to be stored and cured. Logs
brought to the site are unloaded with one of the wheel loaders and stacked. When time
permits, the logs are cut into firewood lengths for curing. The wood is cured until the
moisture content is below 20%, which generally takes 10-12 months. Cured wood is then
split in place using portable hydraulic wood splitters. Split firewood is assembled into
bundles, stacked on pallets, and shrink-wrapped. Firewood pallets are shipped from
where they are made or moved into the on-site building for storage. Up to 6,000 cords of
wood are processed every year. Commercial trucks ship the finished product to
customers. Approximately 200 commercial truck trips (400 including return trips) are
generated each year. The majority of truck trips occur between November and January,
with approximately 5 to 25 truck trips each week. Approximately 2 to 5 truck trips are
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generated each week during the remaining months of the year. No firewood sales
directly from the project site are proposed.
Composting Operations
Composting is the controlled decomposition of organic materials by microorganisms.
The result of this decomposition process is compost, a crumbly, earth-smelling, soil-like
material that can be applied as a soil conditioner and fertilizer to gardens, crops, and
rangelands. Compost provides organic matter and nutrients (such as nitrogen and
potassium) to the soil, and improves soil texture.
Feedstock material for composting operations is generated from fines produced during
chipping and grinding operations of the incoming green waste. Composting feedstock is
initially pushed into static piles until a sufficient quantity of feedstock has been
accumulated, at which point, composting feedstock is transported by trailers or loaders
into designated windrow areas. Approximately 2 acres is currently used, and
approximately 6.6 acres of the project site will be used for composting operations.
Windrows will be no larger than 100’ long by 20’ wide by 9’ high and will be spaced at
least 20’ apart to provide access, windrow loading, monitoring, watering and turning.
The temperature and moisture of the composting materials would be monitored and
controlled on a daily basis. New feedstock materials would be subsequently added to the
newest side of the windrow. Windrows would be turned a minimum of 5 times during
the 15 day pathogen reduction period to promote aerobic decomposition. When the
desired level of decomposition has been achieved, the compost materials would be
moved into curing piles for several weeks to months. Upon completion of the curing
stage, the finished compost is screened and transported off-site for sale.
Orchard/Farm Wood Processing Operations (Milling)
Wood used for off-site wood veneer production would be obtained from area orchard
supplies and brought to the site intermittently. Wood is initially cut off-site and then
transported to the site by trucks. Once on site, chainsaws would be used to trim the logs
into appropriate sizes, and then milled into square logs to be stacked on pallets to dry.
Boards would be either cured outdoors or it would be placed within one of eight, 450
square foot solar kilns (15’ x 30’) to accelerate the drying process. When logs reach the
appropriate moisture content, logs are cut into 2” x 6” boards with the rip saw and
transported off-site for additional processing. All scarps generated from processing
operations would become feedstock material for chipping and grinding operations.
On-site Personnel
Total on-site personnel are proposed to be approximately 19-28 employees as follows:
Chipping and grinding operations consist of 2-3 employees. There are always two
employees’ onsite during business hours that are engaged in the grinding and moving of
material, moving of equipment around the yard, loading and unloading of commercial
trucks and performing repairs and maintenance. A third employee would be on-site to
operate the water truck, when needed.
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Composting operations consist of 1-2 part-time employees. Sometimes this will consist
of one of the operators from the chipping and grinding operations. Their jobs consist of
taking temperature readings, watering the piles, turning the piles, applying additives and
amendments, moving of compostable materials from static piles into windrows, and
loading of the finished product to be shipped off-site.
Firewood operations consist of 10-15 employees. They work in and around the piles of
wood that are curing throughout the yard. They are also in and around the storage
building when getting materials or loading trucks. Between 4-7 of the employees are
using hydraulic wood splitters to split the round logs into smaller pieces. Between 6-8
people then take the smaller pieces and wrap them into small bundles of firewood and
place them on pallets for shipment.
Orchard/Farm wood processing operations consist of 6-8 employees. The employees will
perform multiple functions including materials handling, using chainsaws to trim logs,
loading and unloading trucks, and maintaining equipment.
Water
Water will be used for domestic uses; applied to compost piles to maintain the
appropriate composting moisture content; and applied to travel ways to suppress fugitive
dust emissions. Water is currently provided by an off-site groundwater well located
approximately 1 mile from the project site, which is delivered to the site by a 4,000
gallon water truck or in a 1,800 gallon water trailer. A groundwater well is proposed to
be constructed at the project site. Once completed, the majority of water for on-site uses
will be provided by the well. On-site water would be transferred by underground water
lines to fire hydrants in areas identified on the site plan. Additional water for composting
may also be pumped from the stormwater retention pond or the leachate retention pond.
Storm Water Runoff
Storm water runoff from the composting facility is proposed to be managed and
monitored in accordance with a Storm Water Pollution Prevention Plan (SWPPP),
pursuant to the National Pollutant Discharge Elimination System (NPDES) General
Permit for Storm Water Discharges Associated with Industrial Activities (General
Industrial Permit). The SWPPP will include Best Management Practices (BMPs) and a
storm water monitoring program to ensure that storm water runoff from the facility will
not adversely affect water quality. BMPs will include performance standards for any
storm water from the composting operation that is discharged off-site. The SWPPP will
also include a monitoring and reporting program to determine whether BMPs are
effective.
Septic System
The proposed project includes construction and use of an on-site 1,500 gallon septic
system for wastewater disposal needs. The septic system and a dispersal bed replacement
field will be located on the southwest corner of the project site. The septic system will be
permitted and monitored by the Butte County Environmental Health Division.
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Environmental Monitoring and Controls
A description of the proposed methods used to monitor and control leachate, litter, odors,
dust, rodents, and insects as described as follows:
Odor
The facility will prepare and maintain an Odor Impact Minimization Plan, pursuant to 14
CCR § 17863.4. In general, the Plan will require the following steps in the event of odors
noticed at the site:
x Investigate and determine the likely cause off-site odor;
x Determine if onsite management practices (e.g. mixing odiferous materials with
sawdust or other bulking agent, turning the windrow less frequently, remove
odiferous materials from the site, etc.) could remedy any odor problems and
immediately take steps to remedy the situation;
x Determine whether or not the odor has moved off-site and if so, if it is significant
enough to warrant contacting the adjacent property owners and/or the LEA; and
x Record the event for further operational review.
Dust
Efforts will be made to fugitive dust particulates during high wind conditions by applying
water from a water truck or water trailer. Future improvements include the addition of
fire hydrants around the facility that can be used to spray water on materials or along
roadways to suppress dust emissions.
Leachate
Under normal circumstances, moisture content will not exceed the field capacity of the
compost material and no leachate will be produced. During precipitation, excess
moisture would occur as runoff and would be channeled into the water retention ponds.
Leachate runoff will be aerated to prevent anoxic conditions, treated with probiotic
beneficial microorganisms, then removed and re-incorporated into the compost.
Rodents
Green materials are not generally considered a food sources for rodents. Any rodents
present at the site would mostly be kept under control by area wildlife (i.e. hawks, owls).
If rodents become an issue, traps will be distributed at the site.
Insects
Insect activity will be monitored at the site. A contract pest control company will be
hired for insect control.
Litter
Green material to be received at the site will come from sources that generate this
material and litter is not typically expected to be found in these feedstocks. The facility
will reject and return to the generator any load that contains excessive litter. Covered
trash containers will be provided in areas where employees and visitors might generate
litter. Onsite litter will be collected routinely and disposed of properly.
Hours of Operation
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The facility will operate Monday through Saturday, with the facility closing on Christmas
Day and New Year’s Day. Hours of operations will occur between 7:00 a.m. and 7:00
p.m., with the site open to the public between 7:00 a.m. and 5:00 p.m. An on-site
attendant will be present at the site 24 hours a day.
Operations Equipment
Equipment that will be used at the facility includes:
x Morbark 6600 Horizontal Grinder or Morbark 1300 Tub Grinder
Used in the processing of green waste materials into biomass and compostable
materials.
x Front Wheel Loaders
There are always at least 2 front wheel loaders on site at all times. They are used to
feed material up to and into the grinders, pushing of feedstock into piles for storage,
loading of biomass fuel and compost into trailers for transport, moving and turning
of compost, moving of firewood and firewood scraps, as well any other material
moving needs.
x Powerscreen
Used for screening material from grinding operations to separate the fines (smaller
particles such as dirt) from the higher quality biomass fuel. It will also be used for
screening finished compost product to remove large pieces prior to sale.
x Truck Tipper
Used for removing the contents of a commercial truck trailer by raising the trailer to
a steep angle so that gravity will cause the material to slide out the back.
x Water Truck
Used for suppressing dust caused by vehicles and grinding operations, fire
suppression, watering of compost to maintain moisture levels and lower
temperatures, extracting accumulations of water for distribution elsewhere and
applying additives to the composting piles.
x Forklift
Used for unloading pallets, crates, and moving packaged firewood products for
storage or transport.
x Hydraulic Woodsplitters
Used for splitting firewood rounds into pieces that can be wrapped into firewood
bundles or sold as bulk firewood.
x Baker Band Saw
Used for cutting orchard/farm logs into square logs, prior to the curing stage of the
operation.
x Rip Saw
Used for cutting cured logs into boards, prior to shipping materials off-site for
additional processing.
Hazardous Materials
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Hazardous materials that are currently on-site, and proposed to be added to the facility,
consist of the following:
x Diesel fuel
Diesel fuel is currently stored in a 500 gallon trap wagon to fuel equipment used at
the facility. The proposed expansion includes the construction and use of a 10,000
gallon tank for red diesel and a 10,000 gallon tank for on-road diesel.
x Gasoline
Gasoline that is used for the wood splitter engines is currently stored in a 500 gallon
above ground tank located near the existing metal building. The proposed expansion
includes construction of a 1,000 gallon above ground tank that will replace the
existing 500 gallon tank.
x Hydraulic Oil
Hydraulic oil is currently kept in 5 gallon buckets inside the metal building, which is
used in the wood splitters. Once the fuel storage building is constructed,
approximately 350 gallons of hydraulic oil will be stored at the facility.
x Engine Oil
Used engine oil is currently kept in 5 gallon buckets inside the metal building prior
to being transported to the owner’s property at 8616 Durnel Driveto be added to the
waste oil container. New engine oil is kept in 5 gallon buckets that are kept inside
the metal building, which is used for the wood splitters. Up to 350 gallons will be
stored at the facility with approval of the expansion.
Construction Phasing
The proposed expansion is anticipated to be completed in three phases over a 5 year period
or as economic and market forces dictate. Phase 1 construction would be initiated and
completed within one year of approval of all applicable permits. Subsequent construction
phases will be completed once construction activities in Phase 1 have been completed.
Phase 1
x Grading of the 25 acre expansion area;
x Construction of perimeter berms and application of erosion control measures;
x Planting of landscaping, pursuant to the approved Odor Impact Minimization Plan;
x Construction of stormwater and leachate drainage detention facilities;
x Construction of on-site domestic well and water delivery system to the satisfaction
of the Butte County Environmental Health Division;
x Construction of on-site septic system, to the satisfaction of the Butte County
Environmental Health Division; and
x Construction of proposed employee and customer parking area.
Phase 2
x Relocation of existing North Area Recovery Station (NARS) green waste chipping
and grinding operations into expansion area;
x Relocation of existing truck dump equipment into expansion area;
x Relocation of existing composting operations into expansion area;
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x Construction of the 30,000 square foot storage building/office;
x Construction of internal haul roads;
x Construction of the new driveway encroachment for the public green waste
receiving facility; and
x Construction of proposed 2,400 square foot fuel station and hazardous materials
storage area.
Phase 3
x Establishment of the orchard/farm wood processing (milling) facility;
x Construction of three, 2,400 square foot pole barns (40’ x 60’) to house
woodworking equipment and wood veneers.
x Construction of eight, 450 square foot solar kilns (15’ x 30’) for orchard/farm wood
drying.
Construction of the proposed project would involve various types of equipment, including
air compressors, backhoes, bulldozers, excavators, generators, graders, mowers, loaders, and
scrapers. Construction activities include excavating topsoil to the underlying hardpan for
the purpose of creating a hard, durable surface. Excavated topsoil would be used in the
construction of berms surrounding the project site, as well as proposed stormwater drainage
facilities. Excavated materials would be protected from soil and erosion using erosion
control best management practices. Construction activities would occur during typical
daytime hours (i.e. 7 a.m. to sunset, Monday thru Friday, and, between 9:00 a.m. to 5:00
p.m. on weekends and holidays), with all activities proposed to occur within the project site.
Construction of the driveway encroachments and any necessary improvements to roadside
drainage facilities would be performed in accordance with a Butte County Encroachment
Permit. No paving, widening, or other improvements of the access road (Oroville-Chico
Highway) would occur.
III. CONDITIONS OF APPROVAL:
1.Mitigation Measure #1:
The applicant shall implement the following specific mitigation measures to ensure
adequate dust control:
x Water shall be applied by means of truck(s), hoses and/or sprinklers as needed
prior to any land clearing or earth movement to minimize dust emission.
x Haul vehicles transporting soil into or out of the property shall be covered.
x Water trucks or sprinkler systems shall be used to keep all areas of vehicle
movement damp enough to prevent dust from leaving the site. At a minimum,
this would include wetting down such areas in the later morning and after work is
completed for the day and whenever wind exceeds 15 miles per hour.
x On-site vehicles shall be limited to a speed which minimizes dust emissions on
unpaved roads. Unpaved roads may be graveled to reduce dust emissions.
x Haul roads shall be sprayed down at the end of the work shift to form a thin crust.
This application of water shall be in addition to the minimum rate of application.
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x Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
x Existing roads and streets adjacent to the project shall be cleaned at least once per
day if dirt or mud from the project site has been tracked onto these roadways,
unless conditions warrant a greater frequency.
x Construction workers shall park in designated parking area(s) to help reduce dust
emissions.
x Other measures that may be required as determined appropriate by the BCAQMD
or Department of Public Works in order to control dust.
x Post a publicly visible sign with the telephone number and person to contact
regarding dust complaints. This person shall respond and take corrective action
within 24 hours. The telephone number of the Butte County Air Quality
Management District shall be visible to ensure compliance with BCAQMD Rule
200 & 205 (Nuisance and Fugitive Dust Emissions).
2.Mitigation Measure #2:
The applicant shall implement the following mitigation measures to mitigate combustion
emissions from heavy-duty construction equipment.
x Maintain all off-road equipment in proper tune and regularly serviced according to
manufacturer’s specification.
x Maximize to the extent feasible, the use of diesel construction equipment meeting
the CARB’s 1996 or newer certification standard for off-road heavy-duty diesel
engines.
x Electrify equipment where feasible.
x Substitute gasoline-powered for diesel-powered, where feasible.
x Use alternative fueled construction equipment on site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
x Use equipment that has Caterpillar pre-chamber diesel engines.
3.Mitigation Measure #3:
The applicant shall follow sound composting management practices, including
maintaining moisture, temperature and pH levels, and proper aerating, turning and mixing
the composting materials that minimizes hazards, nuisances and human exposure to dust,
particulates and pathogenic organisms. Specifically, the following practices will help
minimize the generation and dispersal of dust and fungus spores during composting
operations and thus limit exposure:
x Refrain from turning, screening, or loading activities on windy days;
x Use water spray or mists during grading, screening, and pile turning activities;
x Maintain proper moisture levels in active composting piles;
x Maintain good housekeeping practices, including site cleanliness;
x Provide employee training and the use of personal protective equipment.
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4.Mitigation Measure # 4:
The applicant shall implement the following standard measures as outlined in the
BCAQMD CEQA Air Quality Handbook Guidelines for Assessing Air Quality Impacts for
Projects Subject to CEQA Review:
x Increase building energy efficiency rating by 10% above what is required by Title
24 requirements. This can be accomplished in a number of ways (increasing attic,
wall or floor insulation, etc.)
x Improvement of thermal efficiency of structures as appropriate by reducing
thermal load with automated and timed temperature controls, or occupancy load
limits.
x Incorporate shade trees, adequate in number and proportional to the project size,
throughout the project site to reduce building heating and cooling requirements.
x Use fleet vehicles that run on clean-burning fuels as may be practicable.
5.Mitigation Measure #5:
The applicant shall adhere to the odor management practices in the approved Odor
Impact Minimization Plan, formulated in accordance with State composting regulations
(Title 14 CCR § 17863.4.), and approved by the Local Enforcement Agency (LEA). This
plan will be submitted to the LEA as part of the application for a Solid Waste Facilities
Permit (SWFP) for the facility’s operations and implemented upon issuance of the
SWFP. In accordance with the above-cited regulations, the plan shall contain, at a
minimum:
x An odor monitoring protocol which describes the proximity of possible odor
receptors and a method for assessing odor impacts at the location of possible odor
receptors.
x A description of meteorological conditions effecting migration of odors and/or
transport of odor-causing material off-site. Seasonal variations that effect wind
velocity and direction shall also be described.
x A compliant response protocol that includes the verification and documentation
upon receipt of any odor complaints and immediate notification of County LEA
staff upon receipt of any odor complaints upon receipt of the call.
x A description of design considerations and/or projected ranges of optimal operation
to be employed in minimizing odor, including method and degree of aeration,
moisture content of materials, feedstock characteristics, airborne emission
production, process water distribution, pad and site drainage and permeability,
equipment reliability, personnel training, weather event impacts, utility service
interruptions, and site specific concerns.
x A description of operating procedures for minimizing odor, including aeration
moisture management, feedstock quality, drainage controls, pad maintenance,
wastewater pond controls, storage practices (e.g., storage time and pile geometry),
contingency plans (i.e. equipment, water, power, and personnel), biofiltration, and
tarping.
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x The odor impact minimization plan shall be revised to reflect any changes to
operating or program conditions, and a copy shall be provided to the LEA within 30
days of those changes.
x The odor impact minimization plan shall be reviewed annually by the operator to
determine if any revisions are necessary.
6.Mitigation Measure # 6:
Prior to grading activities, the applicant shall retain a qualified biologist to conduct
protocol-level surveys during the appropriate flowering window for Red Bluff dwarf rush
(March – June), Ahart’s paronychia (February – June), Butte County golden clover
(March – May), and Butte County meadowfoam (March – May). Surveys shall be in
compliance with survey protocols for plants species listed under the California
Endangered Species Act and Federal Endangered Species Act. A report summarizing the
findings of surveys will be prepared and submitted to the County and the California
Department of Fish and Wildlife. In the event sensitive species are identified on the
project site, the biologist shall consult with the California Department of Fish and Game,
and the United States Fish and Wildlife Service to determine appropriate measures to
reduce the impact of identified species to a less than significant level.
7.Mitigation Measure #7:
If project construction activities are to occur during the nesting season for birds protected
under the Migratory Bird Treaty Act and California Fish and Game Code (March 1 to
September 15) the applicant shall retain a qualified biologist to perform preconstruction
surveys for nesting raptors in the project site. At least two surveys shall be conducted no
more than 15 days prior to the initiation of construction activities. In the event that
nesting raptors are found on the project site, or the immediate vicinity, the applicant shall:
x Locate and map the location of the nest site. Within 2 working days of the
surveys prepare a report and submit to the County and CDFW;
x A no-disturbance buffer of 250 feet shall be established. In the case of bald
eagles, a 1,000 foot no-disturbance buffer shall be established;
x On-going weekly surveys shall be conducted to ensure that the no disturbance
buffer is maintained. Construction can resume when a qualified biologist has
confirmed that the birds have fledged.
8.Mitigation Measure #8:
Prior to construction, the project applicant shall install orange construction barrier fencing
a minimum of 50 feet around the outer limits of the wetlands and other waters of the
United States identified on the project site. The location of the fencing shall be marked in
the field with stakes and flagging and shown on the grading plans. The fencing will be
installed before construction activities are initiated and will be maintained throughout the
construction period.
9.Mitigation Measure #9:
Should grading activities reveal the presence of prehistoric or historic cultural resources
(i.e. artifact concentrations, including arrowheads and other stone tools or chipping
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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. Should
human skeletal remains be encountered, State law requires immediate notification of the
County Coroner ((530) 538-6579). Should the County Coroner determine 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. These provisions
shall be followed during all phases of construction, including land clearing, road
construction, utility installation, and building site development.
10.Mitigation Measure #10:
Prior to approval of the site grading plan, the applicant shall submit a Notice of Intent (NOI)
and Storm Water Pollution Prevention Plan (SWPPP) to the RWQCB in accordance with
the NPDES General Construction Permit requirements. The SWPPP shall be designed to
control pollutant discharges utilizing Best Management Practices (BMPs) and technology to
reduce erosion and sediments. BMPs may consist of a wide variety of measures taken to
reduce pollutants in stormwater runoff from the project site. Measures shall include
temporary erosion control measures (such as silt fences, staked straw bales/wattles,
silt/sediment basins and traps, check dams, geofabric, sandbag dikes, and temporary
revegetation or other ground cover) that will be employed to control erosion from disturbed
areas. Final selection of BMPs will be subject to approval by Butte County and the
RWQCB. The SWPPP will be kept on site during construction activity and will be made
available upon request to representatives of the RWQCB.
11.Mitigation Measure #11:
The project applicant shall implement the following measures to mitigate construction-
related and operational-related greenhouse gas emissions. These measures will be
enforced prior to building permit issuance for on-site structures and prior to installation
of proposed landscaping:
x Achieve CAL Green Tier 1 standards for energy efficiency, water conservation,
and passive design for non-residential uses.
x Prewire new non-residential development for solar PV systems and maximize
roof space to accommodate future rooftop solar installation.
x Prewire the facility for ground-mounted solar PV systems.
x Improve fuel efficiency from construction equipment by limiting idling time for
all construction equipment to three minutes or less.
12.Mitigation Measure #12:
Prior to construction, the applicant shall submit a Hazardous Materials Business Plan
(HMBP) for review and approval by Butte County Environmental Health Division and
Butte County Fire Department. The HMBP shall establish management practices for
handling, storing, and disposal of hazardous materials, including fuels, paints, cleaners,
solvents, pesticides, fertilizers, etc., during operations to reduce the potential for spills
and to direct the safe handlings of these materials if encountered. The HMBP shall also
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identify the appropriate areas for fuel dispensing, which shall be designed with spillage
catchments such that any accidental spillage is prevented from entering waterways or into
the aquifer. The approved HMBP shall be maintained on-site and all personnel shall
acknowledge that they have reviewed and understand the plan.
13.Mitigation Measure #13:
The use of heavy equipment and generators during construction activities and project
operations shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m. on weekdays;
and between the hours of 5:00 p.m. and 9:00 a.m. on weekends and holidays. In addition,
all construction and project operations activities shall utilize the best available noise
control techniques (e.g. improved mufflers, equipment redesign, use of intake silencers,
ducts, engine enclosures and acoustically-attenuating shields or shrouds, whenever
feasible) to eliminate or substantially reduce noise impacts during the more-sensitive
nighttime hours and on days when noises might be more disturbing.
Planning Division, Department of Development Services:
14. The collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to
filing a CEQA Notice of Determination for the project, unless the project proponent
provides verification from the California Department of Fish and Wildlife that the project
is exempt from the fee requirement. If a required fee is not paid for a project, the project
will not be operative, vested or final and any local permits issued for the project will be
invalid (Section 711.4 (c) (3)).
15. Prior to allowing the general public to access this site, the facility must be deemed ready
for access by the general public by the Butte County Departments of Public Health,
Public Works, and Development Services. All Use Permit conditions of approval
pertaining to access by the general public shall be met prior to allowing the general
public to access this site.
16. The Department of Development Services (DDS) is responsible for monitoring the
landowner’s compliance with all use permit conditions as detailed above. As the cost of
ongoing monitoring of Mitigation Measures and Use Permit Conditions is not included in
the County’s Use Permit application fees, at the discretion of the Director of DDS
(Director), the cost of DDS staff time directly related to the monitoring of compliance
with use permit conditions of approval shall be billed to and borne by the landowner at
the established DDS Planning Division hourly rate. The current fee amount established
in Butte County Code (BCC) and implementing resolutions for Mitigation Measure and
Condition of Approval Monitoring (currently $1,719.70) shall be paid within 30 days of
the date of project approval. Regarding the monitoring of relevant mitigation measures
and conditions of approval after establishment of the approved use, the landowner shall
maintain this fee with DDS in an amount (not to exceed the established maximum) at a
level determined by the Director to ensure adequate ongoing mitigation measure and
condition of approval monitoring. Failure by the landowner to maintain the adequate fee
amount may be addressed as a violation of the terms of the Use Permit per BCC Section
24-45.65.
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17. All exterior lighting shall comply with Chapter 24, Section 67 of the Butte County Code,
Outdoor Lighting Standards. Exterior 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. Flashing, flickering, or other lighting that is distracting or may be confused with
traffic or emergency signals shall be prohibited.
18. Prior to issuance of the Conditional Use Permit, the applicant shall pay any outstanding
project-related processing fees.
19. The applicant shall construct and operate the project in strict compliance with the
approvals granted herein, County standards, local ordinances, and in compliance with all
State and Federal laws, regulations, and standards. In the event of a conflict between
County laws and standards and a State or Federal law, regulation, or standard, the stricter
or higher standard shall control. Approved operations shall be managed and monitored to
insure that activities do not constitute a public nuisance, as defined in State and local law.
20. All wood products procured for firewood and milling operations shall be obtained from
orchards or farms. No forest wood products are allowed to be brought to the site for
processing or storage, except for timber slash used in the chipping and grinding or
composting operations.
21. Traffic corridors and access to various operations at the site shall be managed in a
manner that limits the movement of the public, employees and commercial vehicle
traffic. This condition should be addressed in a traffic control plan for the site that
utilizes a combination of signage and site attendants.
Building Division, Department of Development Services:
22. The applicant shall obtain all necessary building permits from the Butte County Building
Division for all proposed structures to be constructed at the project site. The applicant
shall submit building plans and specifications prepared by a California registered design
professional (engineer or architect) demonstrating compliance with the current California
Building Code requirements.
23. All existing structures and uses on the project site are subject to review by the Butte
County Building Division and must conform to the occupancy ratings of the structures to
obtain occupancy. The applicant shall submit tenant improvement plans, together with
all applicable fees, to the Building Division for the existing agricultural building and
office module located on the project site to ensure compliance with California Building
Code. All required improvements to existing structures shall be completed to the
satisfaction of the Building Division prior to completion of Phase 1.
24. No permanent residency is allowed on the project site. Prior to issuance of an engineered
grading plan or building permit, the applicant shall remove all existing recreational
vehicles and travel trailers from the project site.
Land Development Division, Department of Public Works:
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25. Prior to construction activities within the Public Right-of-Way, the applicant shall obtain
an encroachment permit and improve the two driveway approaches to Oroville-Chico
Highway as specified in the county improvement standards and the terms of the
encroachment permit and construct a standard S-18B road approach, or as specified in the
county improvement standards and the terms of the encroachment permit.
26. Prior to any grading on the site or establishing any of the proposed uses, a plan for a
permanent solution for drainage shall be submitted to and approved by the Department of
Public Works. The drainage plans shall detail existing drainage conditions and shall
specify how drainage waters shall be detained or retained onsite and/ or conveyed to the
nearest natural or publicly maintained drainage channel or facility and shall provide that
there shall be no increase in the peak flow runoff to said channel or facility.
27. Prior to any grading, a Construction Storm Water Permit will be required by the State
Water Resources Control Board if the project results in a disturbance (including clearing,
excavation, filling, and grading) of one or more acres. The Permit must be obtained from
the State Water Resources Control Board prior to construction. Construction activities
that result in a land disturbance of less than one acre, but which are part of a larger
common plan of development, also require a permit.
Environmental Health Division, Public Health Department:
28. The applicant shall maintain the working order of the well that was finaled by the
Environmental Health Division on April 11, 2014 to ensure that sufficient quality and
quantity of on-site water is available to meet the daily needs for operations at the facility.
29. Prior to approval of an engineered grading plan or building permit, the applicant shall
obtain an On-Site Wastewater System Construction Permit from the Butte County
Environmental Health Division. The applicant shall comply with the applicable
requirements specified in the On-Site Wastewater Ordinance (Chapter 19 of Butte
County Code) in order for final approval to be given to operate the on-site system.
30. The applicant shall meet State regulatory requirements and operating standards for
compostable material handling facility for a full solid waste facility permit (SWFP), as
specified in Chapter 3.1, Title 14 CCR.
31. The applicant shall obtain, and adhere to all requirements of, a Spill Prevention and
Control and Countermeasures Plan (SPCC) for the storage of hazardous materials at the
site, or if hazardous materials are generated at the site, to the satisfaction of the Butte
County Environmental Health Division. This condition shall be fulfilled prior to storage
of hazardous materials on the project site.
Butte County Fire Department/CalFire:
32. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted at the time of permit issuance and maintained
continuously thereafter.
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33. Construction, installation or development of buildings and/or roads, driveways, gates and
bridges on parcels/lots shall comply with the latest California Fire Safe Regulations,
Public Resources Code 4290, 4291, and current Butte County Improvement Standards,
whichever is stricter.
34. Prior to any expansion of the facility, the applicant shall provide a Fire Protection Plan
(or equivalent industry standard plan) that, at a minimum, includes the following:
x Maintain a clearance of flammable material for a minimum distance of 150 feet
from the periphery of any exposed flammable solid waste, including chip piles
and any wood products, in accordance with California Public Resource Code
4373;
x Provide for fire apparatus access to the entire site including maintaining minimum
aisle widths and separation between piles;
x Provide fire flow (stored water and well flow) to industry standards and fire
department approval.
Butte County Agricultural Commissioner’s Office:
35. Prior to approval of an engineered grading plan or building permit, the applicant shall
submit a Noxious Weed Management Plan for approval by the Agricultural
Commissioner. All measures contained in the plan shall be adhered to throughout the life
of the Project.
36. Prior to approval of an engineered grading plan or building permit, the applicant shall
submit an Agricultural Maintenance Plan that identifies the agricultural uses that will
continue during the term of the Project, and how it will be maintained. The Agricultural
Maintenance Plan will be approved by the Director of Development Services, with
consultation with the Agricultural Commissioner.
Butte County Air Quality Management District:
37. The applicant shall comply with all regulations of the Butte County Air Quality
Management District, including obtaining any required permits necessary for the Project.
The applicant shall provide the Butte County Development Services Department with a
letter from the District confirming that all necessary permits from the District have been
obtained.
County Counsel:
38. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicants or any other developer/operator other than the
applicants agree to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board’s appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
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