§ 17.30.020. Use.
All of the uses listed in this chapter, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special classification as making practical their inclusion in any class of use set forth in the various districts defined herein, and therefore the authority for and location of the operation of any of the uses designated shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.32 hereof.
A.
When any of the following uses are to be established closer than two hundred feet to the boundary of any residential district: Dance hall, road house, night club, commercial club, or any establishment where liquor is served, or any commercial place of amusement or recreation, or any place where entertainers are provided.
B.
Circus, carnival, open-air theater, racetrack, or similar establishments involving assemblages of people and vehicles.
C.
The removal of minerals and natural materials for commercial purposes. This does not include the excavation or removal of materials for a normal construction of buildings, structures, or underground facilities; or the removal of minerals, natural materials or conifers, where such removal is motivated by land leveling as its prime objective.
D.
Drilling for, and/or removal of oil or gas.
E.
Temporary Asphalt or Concrete Batch Plants, Portable Rock Screening or Crushing Units.
1.
Temporary operation of a portable asphalt or concrete batch plant, portable rock screening unit or crusher and/or similar uses as determined by the planning commission. Examples of such projects include, but are not limited to: The construction, maintenance or repair of roads, bridges, airports, flood control facilities, utilities, bicycle or pedestrian paths; and improvement projects for fish and wildlife habitat. The use permit shall specify the length of time the temporary use is permitted to operate but shall not exceed two years without further additional review by the planning commission.
2.
Operation of a portable concrete batch plant and/or rock sorting (screening) unit may be permitted in any district subject to a planning director issued use permit, pursuant to Chapter 17.32 of this title, if all of the following criteria are met:
a.
The issuance of a planning director's use permit shall be subject to the following processing requirements:
i.
A site plan shall be submitted with the application, indicating the location of rivers, streams and riparian areas, distance to closest residences, access points from public roads, and the proposed location of batch plants, aggregate processing equipment, generators, utilities, fuel storage, concrete washouts, materials stockpiles, water storage tanks, fencing, saturation facilities, equipment and materials storage areas, parking areas and any other appurtenant facilities.
ii.
The local fire district shall be notified of the location and duration of the batch plant operation.
iii.
The application shall include a fire plan, designating an individual responsible for its implementation. The plan shall include a description of the fire equipment to be kept on site (minimum: Spark arresters on internal combustion engines, fire extinguishers and a water tank or trailer with a minimum of three hundred gallons), storage locations of any flammable materials and any site-specific fire prevention measures such as vegetation clearing (no riparian vegetation removal), mowing, designated smoking areas, and reporting procedures in the event of a fire.
iv.
The water source for initial fire suppression, process water and dust suppression shall be indicated on the application. If water is to be drafted from a stream or river, a permit or agreement must be obtained from California Department of Fish and Game.
v.
If the entrance to the batch plant will encroach onto a county road or state highway, the applicant shall submit an encroachment permit application to Trinity County Department of Transportation for operations accessing county roads, or to Caltrans for operations accessing directly onto a state highway. The use permit shall not be valid until an approved encroachment permit or waiver bas been issued and all required improvements have been made.
vi.
All proposals for concrete batch plants and/or rock processing operations within two miles of a public airport, or within a designated airport influence area, shall be subject to review and approval by the Trinity County Airport Land Use Commission (ALUC) unless and until the ALUC has delegated such review to the planning director or certified building official, through a resolution or through adoption of an airport land use compatibility plan. These approvals, if applicable, shall be obtained prior to approval of the use permit.
vii.
The permit shall be renewable annually with planning director review.
b.
The batch plant shall be operated under all of the following conditions:
i.
The portable concrete batch plant, rock screening plant and any diesel generators must comply with all applicable California Air Resources Board and North Coast Unified Air Quality Management District rules and regulations.
ii.
Roads, operations areas and stockpiles that emit visible dust during operations shall be wetted, treated with dust palliative or covered/surfaced to minimize dust emissions.
iii.
Any utility hookups shall require a county building permit.
iv.
If nighttime lighting is deemed necessary for security reasons, light beams shall be directed away from, or shielded from, nearby sensitive receptors such as roadways, residences, hotels, motels, campgrounds, hospitals and nursing homes.
v.
Adequate parking area must be provided on site for all trucks, equipment and employee and owner vehicles within the limits of the batch plant property.
vi.
Portable concrete plants and aggregate processors shall not produce material for retail sale within ten road miles of a permitted permanent plant producing a similar product, unless the portable operation is part of a construction project and produces material only for that project or unless the temporary plant was established on the site prior to the start of operations at the permanent plant.
vii.
Operations shall be limited to seven a.m. to seven p.m. Monday through Saturday. (Additional or more restrictive hours of operation may be specified by the planning director.)
viii.
Concrete batch plants and rock screening operations shall be located no closer than six hundred feet from a residence, hotel, motel, campground, school, day care center, hospital, nursing home, meeting hall, church, library or museum. (These requirements are waived for structures on the same parcel as the operation and/or structures occupied by the owner or operator of the operation. Shorter distances may be allowed by the planning director if it can be demonstrated that a noise barrier (such as a solid wall, hill, bluff, or thick vegetation) will effectively reduce noise levels to fifty-five dB Leq at outdoor activity areas of the nearest sensitive land use.)
ix.
Batch plants, sorters, stockpiles, concrete washout areas or fuel storage areas shall not be located within the following distances (whichever is further) from:
Setback From: Top of Bank Outer Dripline Of Riparian Trees Rivers and forks of rivers: 150 feet 75 feet Perennial
tributaries:100 feet 50 feet Intermittent streams: 50 feet 25 feet x.
Fuel storage tanks shall have secondary containment one and one-half times the capacity of the original container. Containment may be prefabricated material, concrete, or berms of earth, straw bales or sand bags lined with plastic or other impermeable material.
xi.
Concrete batch plants shall include a concrete washout facility constructed of prefabricated material, concrete, or berms of earth, straw bales or sand bags lined with plastic or other impermeable material.
xii.
Sanitation facilities shall be provided and adequately maintained.
xiii.
Temporary security fencing shall be erected around operations areas in residential or rural residential zones. Fencing shall be maintained for the duration of the operation.
xiv.
Advertising signs shall not be erected on site or off site. Directional signs shall be limited to a maximum size of three feet by three feet.
xv.
In the event that previously unidentified cultural or paleontological resources are encountered during operations, there shall be no further excavation or disturbance of that area. The owner/developer shall avoid the materials and their context. The Trinity County Planning Director shall be notified immediately, and an archaeologist consulted to determine if the find is significant and make recommendations for appropriate mitigation. Work shall not continue in the area until mitigations have been implemented and written authorization to resume work has been provided by the planning director.
xvi.
In the event that previously unidentified evidence of human burial or human remains are discovered, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains. The Trinity County Coroner must be informed and consulted, per state law. If the coroner determines the remains to be Native American, he/she will contact the Native American Heritage Commission who will contact the most likely descendent who will be given an opportunity to make recommendations for means of treatment of the human remains and any associated grave goods. Work shall not continue in the area until the human remains have been dealt with according to the recommendations of the county coroner, Native American Heritage Commission and/or the most likely descendent.
c.
Applicability.
i.
This section does not apply to mining.
ii.
This section applies only to processing of materials derived from sources that are in compliance with, or exempt from, the Surface Mining and Reclamation Act (SMARA).
iii.
This section does not apply to sites within the Shasta-Trinity National Recreation Area (RD-1), a scenic conservation overlay zone (SC), flood hazard zone (FH), flood hazard overlay zone (FHO), special treatment overlay zone (ST) or on state or federal land.
iv.
The permit shall be specific for each site, rather than for a specific operator or piece of equipment.
F.
Examples of such projects include, but are not limited to: The construction, maintenance or repair of roads, bridges, airports, flood control facilities, utilities, bicycle or pedestrian paths; and improvement projects for fish and wildlife habitat. The use permit shall specify the length of time the temporary use is permitted to operate, but shall not exceed two years without further additional review by the planning commission.
G.
Directional and informational signs in any district. The location, copy and design of said signs shall be subject to approval of the planning commission. No one sign shall exceed a maximum area of four hundred square feet. Such sign shall be permitted only on property adjacent to freeways approaching communities and within one mile of said communities and which state highways and freeways pass through or near said communities.
H.
Juvenile holding facility and related uses not otherwise addressed in this title or exempted by state law.
I.
Guest ranches, boarding schools, foster homes, summer schools or similar uses in any district where permitted and having an occupancy of seven or more guest students, mentally retarded or needy children on any parcel of land under one ownership shall require a use permit before any use or extension of the present use may be permitted.
J.
Family Care Mobile Homes and Recreational Vehicles.
1.
One mobile home or recreational vehicle in addition to a dwelling otherwise permitted under this subsection may be temporarily placed on a parcel if all of the following criteria are met:
a.
The temporary mobile home or recreational vehicle is for the exclusive use and temporary home to provide in-home care to a grandparent or grandparents, parent or parents, siblings or children, or other immediate family member of the occupant of the principal dwelling unit; or the principal dwelling unit may be designated as the family care residence, in which case the temporary mobile home or recreational vehicle shall be utilized by the family member providing the care.
b.
A director's use permit is first secured, pursuant to Chapter 17.32 of this title.
c.
The adult services division of the county department of health and human services has provided written verification to the planning director confirming that there is an existing medical or other need for temporary in-home care. Subject to the restrictions of HIPAA, verification shall be satisfactory if a clinician provides written substantiation of the necessity of care and/or the individual(s) are senior citizens of at least sixty-two years of age. The written verification shall be in sufficient detail so that the planning director, or the planning commission, can determine what services are required to enable the person to be maintained in his or her home, rather than being placed in a skilled nursing facility or other housing facility. The assets or income of the person or the family shall not be a factor determining the need for in-home care.
d.
Written verification by adult services that the intended occupant(s) of the mobile home or recreational vehicle cannot reasonably be housed in the principle dwelling unit. Said written verification shall state the limitations of the principle dwelling and the needs of the proposed occupant that establish the mobile home or recreational vehicle is necessary.
e.
Requirements of the health department, the building department and other public agencies have been met, including the requirement to connect to all utilities such as power, water and septic.
f.
The mobile home or recreational vehicle shall meet any required snow load requirement which may include the construction of a ramada to protect the unit.
g.
All such units shall post in a clearly visible location a placard to be issued by the County of Trinity that will indicate the subject unit is currently permitted under these provisions.
h.
The county shall record a notice of environmental constraint against the title of the lands subject to the permit that the additional dwelling occupied under these provisions is temporary in nature, limited to provisions of this section and is solely for the use of the identified occupant(s).
i.
A "recreational vehicle" that may be utilized under these provisions shall be limited to Class A or C motor homes, travel trailers and fifth wheels. It specifically does not include slide in truck campers, folding camp trailers, or van conversions. The units shall contain complete provisions for independent living including specified areas and facilities for living, food preparation, and sanitation.
K.
Alternative Housing. The following uses are permissible in every zoning district permitting a single-family dwelling: Emergency shelter, supportive housing, transitional housing, as defined within this title for occupancies of up to six guests/tenants.
Group Care: Supportive housing, transitional housing, or other facilities authorized, certified or licensed by the state to provide board, room, and personal care for seven or more, but not to exceed twenty-five individuals or large family day care as defined by the California Health and Safety Code, subject to a planning commission issued use permit.
( Ord. No. 315-769 , § 1, 10-7-08; Ord. No. 315-802 , 4-23-13; Ord. No. 315-806 , § 1, 1-28-14)