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Call us at 527-2151 For more information LEGALNOTICE ORDINANCE NO. 2003 AN ORDINANCE OF THE TEHAMA COUNTY BOARD OF SUPERVI- SORS APPROVING REZONE #13- 06 AND AMENDING THE ZONING MAP OF THE COUNTY OF TEHAMA THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA OR- DAINS AS FOLLOWS: SECTION 1 : The Zoning Map of the County of Tehama, as set forth in Section 17.06.020 of the Tehama County Code and its subsections, is hereby amended by the addition of a new subsec- tion 17.06.020.13-06, being Amended Zoning Map No. 13-06. SECTION 2 : Amended Zon- ing Map No. 13-06 is attached hereto and incorporated herein. The brief description of the property, as recited in the notice of hearing, is as follows: The project site is located 2 miles northeast of Red Bluff, east of Tehama County/Red Bluff Landfill entry driveway, south of Plymire Road/Eastridge Drive, and north of the Tehama County/Red Bluff Landfill at 19995 Plymire Road. Specifically, approximately 35.67 acres iden- tified as Assessor Parcel Nos. 024-010-33, 024-010-34, and 024- 010-35. SECTION 3 : As conditions this rezoning, any construction or development upon property subject to this Or- dinance shall comply with the following: General : 1. The applicant shall submit a signed copy of the Conditions of Approval to Tehama County Planning Division within ten (10) days of project approval. 2. The applicant shall submit a check or money order in the amount of $2,260.00 (or as other- wise determined to be required) made payable to the Tehama County Clerk Recorders Office for the filing of the Mitigated Negative Declaration (MND) pur- suant to the requirements of CEQA within five (5) days of the date of approval of project ap- proval by the Board of Supervi- sors. 3. Indemnification. As a condi- tion and in consideration of the approval of this General Plan Amendment and Rezone, the Permittee shall defend, indemni- fy, and hold harmless, at the Permittee's sole expense, the County of Tehama on any action arising as a result of this proj- ect. 4. Minor Site Plan Amendments: Minor changes may be approved by the County Director of Plan- ning upon receipt of a substanti- ated written request by the ap- plicant, or their respected desig- nee, with all required fees. Prior to such approval, verification shall be made by each Depart- ment 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 an application for amendment for approval by the County of Tehama with all appli- cable fees paid by the applicant. 5. Failure to comply with the conditions specified herein as the basis for approval of appli- cation and issuance of permit constitutes cause for the revo- cation of any and all approvals and/or permits. Unless other- any approvals and/or permits. Unless other- wise provided for in a special condition to this action, all con- ditions must be completed prior to or concurrently with the es- tablishment of the granted use. 6. Neither the applicant, or any agent nor representative of the applicant shall intentionally omit or misrepresent any mate- rial fact in connection with the application. Any alleged materi- al misrepresentation shall con- stitute grounds for the County of Tehama to commence a revoca- tion hearing and constitute grounds to revoke the permit. 7. Project shall obtain permits from the County and pay all ap- propriate and applicable fees for any required utilities modifi- cation, construction, and con- nections. Project shall also ob- tain permits from the County Building Department, and pay all appropriate fees for any con- struction work to be undertaken as part of the project. Project Specific Conditions : 1. The project shall record a permanent open space ease- ment on the northerly three- hundred (300) feet of parcels de- scribed as Assessor's Parcel Numbers 024-010-33, 024-010-34, and 024-010-35 prohibiting the use of those portions of the site for development purposes. 2. The project shall utilize shielded lighting on all outdoor light fixtures directing all light in a downward direction to mini- mize light trespass/glare to neighboring properties. 3. The project shall be land- scaped as shown on the project site plan with a combination of drought-tolerant trees, shrubs and groundcovers and non- living ground cover and shall in- stall an irrigation system to en- sure the survivability of the plantings. The landscaping plan shall obscure the proposed de- velopment from the view of resi- dential properties to the north and west. The plan shall be re- viewed and approved by the Di- rector of Planning or designee. 4. The project shall utilize mut- ed building colors mimicking the color palette of the surrounding ecosystem (natural tones) to re- duce off-site visual impacts of the new facility. 5. The project shall use non- reflective building materials to extent practicable to reduce glare and light reflection. 6. The project shall screen all mechanical equipment using vegetation and barrier materials (fences and screening) as ap- propriate to be approved by the Planning Department. 7. No new driveway approaches or access ways shall be permit- ted through the open space easement areas or from Eastridge Drive. 8. The project shall be devel- oped consistent with the site plan provide as part of the proj- ect approval process. 9. All signs and signage associ- ated with the facility and other- wise regulated by the County shall be approved by the Plan- ning Department prior to use or installation. 10. Pursuant to Tehama Code Section 17.46.030, any proposed refuse disposal will require 17.46.030, any proposed refuse disposal uses will require that the Tehama County/Red Bluff Landfill Management Agency secure a Use Permit. 11. Mitigation Measure 4.3.1 The Tehama County/Red Bluff Landfill Management Agency shall submit to the Tehama County Air Pollution Control Dis- trict and receive approval for an Emissions Reduction Plan prior to groundbreaking which shall become part of a TCAPCD issued Fugitive Dust/Construction Per- mit per District Rule 4:24. The Emissions Reduction Plan shall include all measures recom- mended by the TCAPCD, at the time of development, for the control of fugitive and mobile- source emissions associated with on-site construction activi- ties. These measures include, at a minimum, the following: a. The applicant shall be re- sponsible for ensuring that all adequate dust control measures are implemented in a timely and effective manner during all phases of project development and construction. b. All material excavated, stockpiled, or graded shall be sufficiently watered to prevent fugitive dust from leaving prop- erty boundaries and causing a public nuisance or a violation of an ambient air standard. Water- ing shall occur at least twice daily with complete site cover- age, preferably in the mid- morning and after work is com- pleted each day. c. All areas (including un- paved roads) with vehicle traffic should be watered periodically or have dust palliatives applied for stabilization of dust emis- sions. d. All on-site vehicles shall be limited to a speed of 15 miles per hour on unpaved roads. e. All land clearing, grad- ing, earth-moving, or excavation activities on the project site shall be suspended when sus- tained winds are expected to exceed 20 miles per hour. f. All portions of the devel- opment site that have been stripped of vegetation by con- struction activities and left inac- tive for more than ten days shall be seeded and/or watered until a suitable grass cover is estab- lished. g. All trucks hauling dirt, sand, soil, or loose material shall be covered or shall All trucks hauling dirt, sand, soil, or loose material shall be covered or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the trailer) in ac- cordance with the requirements of California Vehicle Code Sec- tion 23114. This provision will be enforced by local law enforce- ment agencies. h. All material transported off-site shall be either sufficient- ly watered or securely covered to prevent a public nuisance. i. Wheel washers shall be installed where project vehicles and/or equipment enter and/or exit onto paved streets from un- paved roads. Vehicles and/or equipment shall be washed pri- or to each trip. j. Prior to final occupan- cy, the applicant shall re- establish ground cover on the construction site through seeding and watering. k. Off-road construction equipment shall not be left idling for periods longer than 5 minutes when not in use. l. All off-road diesel equip- ment shall be registered in CARB equip- ment shall be registered in CARB Diesel Off-road On-Line Report- ing System (DOORS) program. m. All portable diesel equip- ment shall be registered in CARB Portable Equipment Registration Program (PERP). n. All stationary diesel equipment shall have a TCAPCD issued permit. 12. Mitigation Measure 4.5.1 If any prehistoric and/or historic resources or other indications of cultural resources are found during future development of the site, all work in the immedi- ate vicinity of the find must stop and the Tehama County Plan- ning Department shall be imme- diately notified. An archaeolo- gist meeting the Secretary of In- terior's Professional Qualifica- tions Standards in prehistoric or historical archaeology, as ap- propriate, shall be retained to evaluate the finds and recom- mend appropriate mitigation measures. 13. Mitigation Measure 4.5.2 If human remains are discov- ered during future development of the site, all work must stop in the immediate vicinity of the find, and the Tehama County Coroner shall be notified, per California Health and Safety Code Section 7050.5. If the re- mains are determined to be Na- tive American, the coroner will notify the Native American Her- itage Commission, and the pro- cedures outlined in CEQA Sec- tion 15064.5(d) and (e) shall be followed. 14. Mitigation Measure 4.5.3 If any paleontological resources are found during future develop- ment of the site, all work in the immediate vicinity of the find must stop and the Tehama County Landfill Management Agency and the Tehama County Planning Department shall be immediately notified. A qualified paleontologist (i.e., one with a graduate degree in paleontolo- gy, geology, or related field and having demonstrated experi- ence in the vertebrate, inverte- brate, or botanical paleontology of California) shall be retained by the Agency to evaluate the find and determine if the find qualifies as a unique resource. If the find is determined to be unique, the paleontologist shall recommend appropriate mitiga- tion measures appropriate to the find. 15. Mitigation Measure 4.6.1 Prior to the issuance of a grad- ing permit, the applicant shall submit a geotechnical report to the County for review and ap- proval. The geotechnical report shall evaluate the potential for expansive soils to exist on-site and shall recommend design and construction techniques to address the shrink-swell poten- tial of soils. The applicant shall comply with all of the recom- mendations of the geotechnical report approved by the County to ensure that pad and lot de- sign meets acceptable stand- ards. 16. Mitigation Measure 4.12.1 The following measures shall be implemented to reduce construction-generated noise levels: a. Construction activities (excluding activities that would result in a safety concern to the public or construction workers) shall be limited to between the hours of 7:00 and 7:00 hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 9:00 a.m. and 8:00 p.m. on weekends and legal holidays. b. Construction equipment shall be properly maintained and equipped with noise- reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers' recommendations. Equipment engine shrouds shall be closed during equipment operation. c. All equipment shall be turned off if not in use for more than 10 minutes. An information sign shall be posted at the construction site entrance that identifies the per- mitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regard- ing excessive noise levels. The designated construction contact shall record all noise complaints received and actions taken in response, and shall submit this record to the project planner upon request. SECTION 4 : This Ordinance shall take effect thirty (30) days from and after its adoption, and prior to the expiration of fifteen (15) days from the adoption thereof shall be published for at least one time in the Red Bluff Daily News, a newspaper of general circulation in Tehama County. The above and foregoing Ordi- nance was duly passed and adopted by the Board of Super- visors of the County of Tehama, State of California, at a regular session of said Board on the 19th day of May , 2015 by the following vote of the Board: AYES: Supervisors Garton, Wil- liams, Chamblin, Bundy NOES: Supervisor Carlson ABSENT OR NOT VOTING: None Burt Bundy Chairman of the Board of Supervisors ATTEST: May 19, 2015 JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California By Angela L. Ford Deputy ORDINANCE NO. 2003 Publish: May 30, 2015 i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià | CLASSIFIEDS | REDBLUFFDAILYNEWS.COM SATURDAY, MAY 30, 2015 10 B