Yolo County Municipal Code Art. 2 Debris Removal

"Alternative Program." For purposes of this article, the term "Alternative Program" shall mean the requirements for inspections, clean up and disposal established by the County for property owners that opt out of or are ineligible for a State Program.

"Board." The term "Board" means the Board of Supervisors.

"Director." The term “Director” shall mean the County Director of Community Services and his/her designee.

"State Program." For purposes of this article, the term "State Program" shall mean fire damage debris clearance program operated by State Partnership for the LNU Complex Fire in conjunction with federal agencies.

"Phase I." For purposes of this article, the term "Phase I" shall mean the hazardous waste cleanup performed by the United States Environmental Protection Agency (EPA) and/or Department of Toxic Substances Control (DTSC) on certain properties impacted by the LNU Complex Fire.

"Phase II." For purposes of this article, the term "Phase II" shall mean the ash and debris cleanup work performed pursuant to the State Program and/or the alternative program.

"Private Action." For the purposes of this article, the term "private action" shall mean the removal of fire debris from private property damaged by the LNU Complex Fire by persons not eligible for or opting out of the State Program and participating in the alternative program.

"Qualifying structure." For the purposes of this article, the term "qualifying structure" shall mean a structure of one hundred twenty (120) square feet and over.

"Removal of Fire Debris." The term "removal of fire debris" as used in this article includes all cleanup of fire debris from structures resulting from the LNU Complex Fire, including removal, transport and disposal of fire debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the property.

"Right of Entry Permit." The term "Right of Entry Permit" means the Debris Removal Right-of-Entry (ROE) Permit (For Providing Debris Removal on Private Property) approved by the California Office of Emergency Services for use in the cleanup after the LNU Complex Fire.

"Temporary Log Storage Yards (AKA: Log Decks)." For purposes of this article, a site where piles of logs and other piles of vegetation removed from the LNU Complex Fire affected area are temporarily stored and processed before transfer to trucks or rail. The logs and vegetation must be associated with the LNU Complex Fire recovery effort, i.e., logs and vegetation that are burn- damaged or otherwise removed due to safety issues associated with the LNU Complex Fire. Logs and wood waste originating from routine utility line maintenance shall not be stored at temporary log storage yards. This definition does not apply to logs and/or vegetation harvested or cleared as part of a timber harvest plan or exemption under the forest practice rule that are stored and/or processed on the property on which they were harvested or cleared. This definition only applies to logs and vegetation transported to another property. A temporary log storage yard shall not exist beyond the effective period. No structural fire debris or hazardous materials may be brought onto or stored in the yard including any that may have been deposited on logs or vegetation. Temporary log storage yards allow for the processing of logs and vegetation (e.g., chipping, milling, etc.) but not the burning of logs and vegetation, and may include associated equipment repair, construction trailers, employee parking and portable bathroom facilities set up for use by the personnel assigned to the yard, but not residences other than the transitory use of a recreational vehicle for a temporary caretaker quarters in conformance with this chapter.

(§ 2, Ord. 1531, eff. December 15, 2020)

This article relating to debris removal shall take effect immediately upon adoption and shall remain in effect until the removal of fire debris has been completed on all properties damaged by the LNU Complex Fire. Regardless of when the removal of fire debris has been completed, provisions herein relating to temporary log storage yards, as well as any sections within this article that relate to it, shall remain in effect until February 28, 2021, unless otherwise specified herein, subject to extension or modification by the Board.

(§ 2, Ord. 1531, eff. December 15, 2020)

No fire debris from structures shall be removed from private property except pursuant to the requirements below:

For the purposes of this article, the requirement to enter into the State Program or the alternative program shall apply only to properties that contained a qualifying structure under the State Program. The requirement shall not apply to properties that only contained non-qualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops or fencing. Whether fire debris derived from a qualifying or non-qualifying structure shall be determined by the Director, or his or her designee, in consultation with State Representative.

(§ 2, Ord. 1531, eff. December 15, 2020)

Effect of the Right of Entry Permit: The right of entry permit shall function as the sole permit and authorization for participation in the State Program.

Notwithstanding any contrary provision in County Code, no County approvals or permits for fire debris removal are required for properties participating in the State Program, other than the right of entry agreement.

(§ 2, Ord. 1531, eff. December 15, 2020)

The County shall administratively adopt and administer the alternative program in the unincorporated areas of the County under the supervision of the County Administrator or his or her designee. The County shall utilize the state and federal standards and cleanup goals of the OES Program as the standards for the alternative program. Under the Supervision of the County Administrator or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the OES Program and the need to efficiently remove hazardous fire debris from the community.

For those persons who are not eligible for the State Program, or who opt out of the State Program, private action to remove fire debris from fire-damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the Department of Community Services, Environmental Health Division has been provided pursuant to the alternative program.

The alternative program shall require an application and work plan that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the alternative program will be met. Work shall not begin until the County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.

Upon completion of the work described in the approved plans, the alternative program shall require an application for certification of successful completion of the work required by the alternative program. The alternative program will require that: (1) the debris removal and clean-up work on the property meets or exceeds the standards set by the State of California for debris removal; (2) remove and dispose of hazardous trees and (3) the owner completely remove and dispose of the foundation or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the decision and include the process and procedure used to reach the conclusion.

(§ 2, Ord. 1531, eff. December 15, 2020)

Any issued County of Yolo building permit to repair or reconstruct a fire damaged structure or private infrastructure shall be held in abeyance and not acted upon until fire debris cleanup is completed on the affected property and completion is confirmed to the County Building Official, either through the State Program or through the alternative program. Notwithstanding the foregoing, this section shall not apply to permits relating to power, sewer or other utilities for temporary dwellings as provided for in this chapter.

(§ 2, Ord. 1531, eff. December 15, 2020)

The Board may set a deadline for filing an acceptable application for the alternative program by resolution.

Properties that have fire ash and debris from the LNU Complex Fire and that have neither an approved Right of Entry Permit for the State Program nor an approved application for the alternative program by the deadline set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.

The Board may set deadlines for the completion of work in the alternative program by resolution. Properties that have fire ash and debris from the LNU Complex Fire after that deadline may be declared a nuisance and health hazard.

The Board's intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the Health Officer to require preventive measures as defined in California Health and Safety Code Section 101040.

(§ 2, Ord. 1531, eff. December 15, 2020)

General Enforcement action. When the Director determines that an activity is being performed in violation of this article, the Director may initiate an enforcement action using any processes set forth in the Yolo County Code and may seek the imposition of costs and civil penalties pursuant to the County Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health and Safety Code Section 101040.

Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and the County Code, if the Director determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.

Pre-Abatement Notice. Unless emergency conditions preclude doing so, the Director shall issue a summary abatement notice and order with reasonable notice. The notice and order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the notice and order shall be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.

Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Director's order to the Health Officer or his or her designee no later than ten (10) calendar days from the date of mailing of the notice and order. The written appeal shall state the basis for the appeal. The Health Officer or his/her designee shall review the appeal and shall issue a written decision (the "decision") no later than ten (10) calendar days after receipt. The decision shall uphold, rescind or modify the determination of the notice and order. The Decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.

Post Abatement Notice. After the summary abatement is completed, the Director shall serve the property owner(s) with a post abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the County's intent to collect those costs; and (d) right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney's fees, such costs shall become a lien against the property and a notice of abatement lien may be recorded.

Post Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Yolo County Administrative Hearing Officer Program." The program is based upon an alphabetical rotation through attorneys currently under contract through the program. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the County shall have the obligation to establish that the costs, including expenses and attorney's fees, if any, incurred for the summary abatement were necessary by a preponderance of the evidence. After the hearing, the hearing officer shall issue a written decision and order that shall be served upon the appealing party within thirty (30) calendar days of the hearing unless extended by agreement of the parties.

(§ 2, Ord. 1531, eff. December 15, 2020)

The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.

(§ 2, Ord. 1531, eff. December 15, 2020)

The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.

(§ 2, Ord. 1531, eff. December 15, 2020)

Natural Resource Zones. Timber processing, as defined by the County Zoning Ordinance, is allowed by-right in the Timber Mountain (TM) and Timber Production (TPZ) zones. The provisions of this section do not apply to log storage yards in these zones.

Industrial Zones. Timber processing, as defined by the County Zoning Ordinance is allowed by-right in the Heavy Industrial (HI) zone, and with a conditional use permit in the General Industrial (GI) zone. The provisions of this section do not apply to log storage yards in these zones.

Zones Requiring an Administrative Permit. Temporary log storage yards are allowed subject to approval of a temporary administrative permit and compliance with the standards set forth below in the following zones:

Agriculture (AG) Zones, limited to those Agricultural zones classified as Grazing or Other lands by the California Department of Conservation's Farmland Mapping Program. Parcels shall be located near state highways or truck haul routes that access the LNU Complex Fire area and outside of urban or congested areas.

Standards. All temporary log storage yards shall meet the following standards:

Application for Temporary Administrative Permit. The property owner or the property owner's authorized agent shall obtain a temporary administrative permit for the effective period. Written consent of the property owner is required in all cases.

Site Plan Required. A detailed site plan meeting general architectural or engineering standards, legible and drawn to scale that shows all the proposed activities that will occur on-site, as well as the approximate location of each activity, shall be provided with the application for a temporary administrative permit. Partial site plans for a portion of a property may be submitted as long as a vicinity map for the entire property showing frontage streets, other uses and a cross reference of the area of the partial site plan is provided. All site plans shall show and label contours at maximum vertical intervals of five (5) feet; areas of proposed grading and fill; the width of access roads to and around parking, log piles and other piles, and buildings; and turnaround areas for fire and emergency services. Any change in the type of activity that will occur on-site or the location of any activity requires the owner or operator to apply for a new temporary administrative permit.

Siting Criteria. To the extent practicable, temporary log storage yards shall be located on flat areas of the site that are already disturbed and in such a manner to decrease impacts to uses on surrounding properties.

Approved Access. Temporary log storage yards shall have access onto a public road. If the public road is a county road, the approach shall be made with an encroachment permit approved by the Division of Public Works. If the public road is a state highway, the approach shall be made with an approved encroachment permit issued by the California Department of Transportation (CalTrans) District Office. If the public road is accessed by a private road, there shall be an approved encroachment permit as required in the prior two sentences where the private road connects to the public road, and there shall be an approved road maintenance agreement that allows for the proposed use along the private road.

On-site Roads, Driveways and Aisles. Temporary log storage yards shall have on-site roads, driveways and aisles. On-site roads, driveways and aisles shall have a 6-inch Class 2 aggregate base, a minimum width of twenty-five (25) feet, and shall be capable of supporting a forty thousand (40,000) lb. load that will allow for ingress and egress of fire apparatus to within one hundred fifty (150) feet of all piles and structures, and shall have a vertical clearance of no less than fifteen (15) feet.

Property Line Setbacks and Defensible Space. All log piles and other piles shall be setback a minimum of one hundred fifty (150) feet from all outside property lines and any permanent structures. There shall be an area of defensible space that is a minimum of one hundred fifty (150) feet wide around the perimeter of the temporary log storage area that shall not be graded but shall be kept clear of grass and vegetation to support fire protection by clearing, disking, grubbing, and/or scraping. CAL-FIRE shall have discretion to address unique circumstances.

Biological Resources. Temporary log storage yards shall not be located on lands containing wetlands, and/or endangered and protected plants and animal species. A biological report shall be furnished to the Department of Development Services demonstrating that the site does not contain wetlands and/or endangered or protected plants and animal species. A temporary log storage yard shall not expand without providing a site plan and a biological report to cover the expanded area.

Fire Department/CAL-Fire Standards. Temporary log storage yards and the associated activities performed with them pose the risk of fire if fire suppression measures are not taken. The activities include working with and storing flammable materials in areas that have little to no water on-site and that are subject to fire. The County is setting the fire standards it believes are appropriate, but there are also state standards set out in California Fire Code Chapter 28 with respect to all log storage yards and incidental wood products stored there. Fire officials shall enforce the most stringent standards. Per California Public Resource Code, Section 4428, each site shall have a sealed box of tools that shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one (1) backpack pump-type fire extinguisher filled with water, two (2) axes, two (2) McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire. In addition, one (1) or more serviceable chainsaws of three and one-half (3½) or more horsepower with a cutting bar twenty (20) inches in length or longer shall be immediately available within the operating area.

When a fire starts, a telephone call must be made to 911 immediately to inform that there is a fire. The facility operator shall develop a plan for monitoring, controlling, and extinguishing fires. The plan shall be submitted with the application for the temporary administrative permit for review and approval by fire officials.

Smoking may only occur in designated locations shown on the site plan.

Log piles shall not exceed twenty (20) feet in height, three hundred (300) feet in width. and five hundred (500) feet in length. Log piles shall be stabilized by a means approved by the fire marshal.

Other piles made of incidental log related materials shall not exceed twenty (20) feet in height, one hundred fifty (150) feet in width, and two hundred fifty (250) feet in length.

All piles shall be separated from all other piles by one hundred (100) feet and shall include on-site roads, driveways, and aisles as discussed above.

All piles shall be monitored by a means approved by the fire marshal to measure temperatures. Internal pile temperatures shall be monitored and recorded weekly. A plan by the permittee for restricting and mitigating excessive temperatures shall be submitted with the application for the temporary administrative permit for review and approval by fire officials.

Regular inspections of the temporary log storage yard by trained fire personnel shall be allowed and facilitated by the facility operator.

Cutting activities shall comply with California Fire Code Chapter 35.

Yolo County, Environmental Health Division Standards.

Depending on the activities performed on-site, the temporary log storage yard may be determined to be a solid waste facility. The facility operator must provide access to the facility and provide for review of the activities occurring at the facility to the Local Enforcement Agency, County Environmental Health, to determine if there exists a requirement to register for a permit status as a solid waste facility in accordance with Title 14 of the California Code of Regulations.

For sanitation purposes there shall be a minimum of one (1) portable toilet and one (1) handwash station at the facility for employee use. The portable toilet shall be routinely serviced by a licensed service provider.

For water that is provided for human consumption, either from an on-site well or transported to the facility and held in a storage tank, the facility operator must meet the following requirements: if there are twenty-five (25) or more people/day consuming the water, the facility operator shall contact the County Environmental Health Division for public water system permitting requirements and must operate in accordance with those requirements; if there are fewer than twenty-five (25) people/day consuming the water, the facility shall have the water tested for and be in compliance with minimum bacteriological standards as required by the County Environmental Health Division. If bottled water is provided, there are no requirements for testing.

The storage of any hazardous material at or above state-defined thresholds shall require the approval of a Hazardous Material Business Plan by the Environmental Health Division of the Department of Community Services.

Yolo County Public Works Division Standards.

Perimeter stormwater control — When the temporary log storage yard is prepared for operations or the soil is disturbed, improvements shall be designed and implemented such that water accumulating within the project will be carried away from the project without injury to any adjacent improvements, residential sites, or adjoining areas. The design shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ. All natural drainage that enters the project area must leave the project area at its original horizontal and vertical alignment and with the same pre-improvement quantity. Implementation of erosion control within the project area and sediment control basins at drainage outlets shall conform with California Stormwater Quality Association (CASQA) design criteria. Sites that meet EPA's criteria for a Rainfall Erosivity Waiver (https://www.epa.gov/sites/production/files/2015-10/documents/fact3-1.pdf) or are fully stabilized with erosion control measures are not required to install sediment control basins.

Water quality and erosion control — When submitting an application for a temporary log storage yard, any surface disturbance over one (1) acre in size shall require a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer and the submittal of a Notice of Intent to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ as amended). If the area of disturbance is one (1) acre or less, then along with an application for a temporary log storage yard, an Erosion and Sediment Control Plan (ESCP) shall be developed by the facility operator, submitted for approval, and adhered to for erosion and sediment control. The ESCP shall contain a description detailing which Best Management Practices (BMP) will be used, how they will be used, and where they will be used in conformance with the California Stormwater Quality Association (CASQA) BMP Municipal Handbook. The ESCP shall contain a description of temporary and permanent measures and include ingress/egress control measures and street sweeping. Plans shall be prepared by a Qualified Stormwater Developer who holds the certification required by the CA Water Quality Control Board's Construction General Permit 2009-009-DWQ. Upon completion of the project, all temporary sediment control measures shall be removed from the site. All permanent sediment control measures must be maintained by the parcel owner.

Air Quality and Dust Control. All best practice measures to reduce impacts to air quality shall be incorporated by the project applicant, subject property owners, or third-party contractors during activities on the project site. A plan shall be provided to the satisfaction of the Director of Development Services to address:

Mobile and stationary toxic air contaminants; and

Fugitive dust and ash. Best practice measures shall comply with the County Air Quality Management District's Rule 205 — Fugitive Dust Requirements and shall include, but not be limited to, the following:

Reduce the amount of the disturbed area where possible. Stabilize disturbed area soils during use and at project completion.

Apply water or a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes.

Limit vehicle speeds to fifteen (15) miles per hour on any unpaved surfaces at the project site.

Clean visible track-out onto adjacent paved roadways daily. Track-out shall not extend more than twenty-five (25) feet in cumulative length from the active project site.

Post a sign in a prominent location visible to the public with the telephone numbers of the contractor and Air District for any questions or concerns about dust from the project.

Storage or Processing of Debris Prohibited. The storage or processing of debris from the County Debris Removal Program at any temporary log storage yard, including the storage of trucks or equipment loaded with debris, is expressly prohibited.

Noise. Quiet hours shall be maintained from 7:00 p.m. to 7:00 a.m. seven (7) days a week. During quiet hours, generators and heavy equipment shall not be operated and noise levels shall conform to County Code. Outside of quiet hours, noise sources associated with temporary log storage yards shall be exempt from the requirements of County Code.

Outdoor Lighting. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way in accordance with the County Zoning Ordinance.

Reclamation Required. The application for a temporary administrative permit for a temporary log storage yard shall be accompanied by a detailed plan for the restoration or reclamation of the subject property to the satisfaction of the Director of Development Services. There shall be no grading of the site without the prior approval of the Director of Development Services, but if grading is allowed, topsoil shall be conserved to be used for reclamation. At minimum, a plan for restoration or reclamation shall include:

Clearance of the site of all vehicles, equipment and materials utilized as part of the temporary log storage yard; and

Stabilization of the site, implementation of erosion control measures, and successful revegetation to the satisfaction of the Director of Development Services in order to render the site suitable for the use for which it was zoned, for example:

Continued agricultural production in the case of lands zoned Agriculture (AG).

Performance Guarantee. In approving a temporary administrative permit for a temporary log storage yard, the Director of Development Services shall require a performance guarantee in the amount of two thousand dollars ($2,000.00) per acre of land disturbed in order to guarantee the proper completion of any approved work and to ensure that site reclamation is completed to the satisfaction of the Director of Development Services. Lands shall be restored or reclaimed to the satisfaction of the Director of Development Services prior to release of the performance guarantee.

Electricity and Electrical Equipment. If new electricity connections are brought to the site, a building permit is required. Electrical wiring and equipment shall comply with the California Electrical Code.

Additional Requirements. The temporary administrative permit may be subject to additional requirements from the appropriate Fire Agency, County Public Works, County Air Quality Management District, the California Department of Transportation, the County Health and Human Services Agency, and the State Regional Water Quality Control Board.

Notice. At least ten (10) days prior to issuance of a temporary administrative permit, pursuant to this section, the County Department of Development Services shall provide a mailed notice to property owners within one thousand two hundred (1,200) feet of the property line of the subject parcel(s). The notice shall include all applicable standards and limitations placed upon the temporary log storage yard, the County administrative permit number, as well as the name, phone number and email of a designated contact for concerns regarding the yard's operation. The temporary administrative permit shall be issued without a formal hearing, unless one is requested by either the applicant or other affected persons. If a hearing is requested, it shall be scheduled for the next available Planning Commission meeting and the Planning Commission shall hear the request. The Planning Commission may impose conditions and requirements in addition to the standards set forth above, or may deny the administrative permit, to mitigate impacts to uses on surrounding properties. Unless otherwise appealed, the decision of the Planning Commission shall be final.

(§ 2, Ord. 1531, eff. December 15, 2020)

A temporary log storage yard that is operating in violation of this section poses a health and safety hazard and is found to be a public nuisance.

The Director of Development Services may initiate enforcement using any process set forth in the County Code. Nothing in this provision is intended to prevent alternative enforcement mechanisms. (§ 2, Ord. 1531, eff. December 15, 2020)