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Home My WebLink About86-27B CODE AMENDMENT 3 OF 3Inter-Departm� " memorandum Bettye FpoM, Star SUBJECT; WATERSHED PROTECTION GONE AND RESOLUTION `ESTABLISHING POLICIES r 1 PROCEDURES AND STANDARDS FOR THE. FIRHAVEN CREEK, M%GALLA 1 DATA. RESERVOIR, AND PARADISE RESERVOIR WATERSHEDS June 24, 1987 Attached to this memo is my proposal for a new Watershed Protection Zone. I have incorporated comments that were made by the rest of the staff. Even though we both know this is not the best way to go, hopefully it is a step forward. You will notice that I have included language under the purpose and intent section that would allow the County to step in to apply a Watershed Protection Zone to watersheds that may have -a Problem. Unless that line (#b) is deleted, it opens it up a little more. A180 attached is a Resolution for the,Firhaven Creek, Magalia. Reservoir and Paradise Reservoir Watershedsimple- , menting the recommendations of the Task Force. There two additional, things that the Task Force recommended bee done on a County-wl.de basis that Will have to have Sep- arat` action. They are: 1 Amend Appendix VII Of the Butte County ;Code which now applies onlY in to s' g 1e -family residential lots or par- cels created after April 4, 1974, to apply to all cottimercial, and industrial)- multi -family residential, other development (includ l) on all -lots or parcels regardless of date of creation. 2 Planning for an on-site waste management district within the Domestic Watershed Zone,to be coordinated with the Town of Paradise efforts to establish a similar district within the Town. These actions would be most appropriately initiated by the Health Department,. HbwtVOr, the Bo?.rd should ably be apprised that they aren't included in the Resolution and, thus, all of the recommendatiots of the; Task Force have not been iinplementedi ahce with the new tO one has been codified in conform- The Watershed Protection Z ni e code. If it is passed prior to ado glY If that -is the case aceordin of the new node t w 11 haveito be renumbered entitled 'Overlay or COMbinin Zones" the new section g � article .26) will. i Article S1 of —Chapter 24 is hereby amended to include the following definition: tti �`ERSHED: The region drained by or contr i bUt i ng water, to a streams lake) or other body of water. SECTION 24-26i.06 "W" WATERSHED PROTECTION r'urptise and Intent. rhls district classification is intended to be utilized asan zone which shall be; overlaid onto other zoning distriuts toestablish the boundaries of a Watersheds and for the following 1 To protect the County's surface and ground water re ; 2 To reduce future governmental costs by preserving Public water supplies. 3'r To recognize the essentially public natur-e Of` the land and Water re_5ourceL* of a watershed, and that their contlnued vitality is directly related •fro the Loc i a l and economic welfare of the County and its Communities. 4. 'i"o protect the Public health, safety and Welfare b y roqulrino additional restrictions upon the use of land as are necessary tock retain the natural balance and Integrity of a watershed 6. TO"recogn1ze the uniqueness o each Watershed by basing the selectioh of the most effective measures fbr their an evaluation of the soils, climatic conditions; topogrph� on upon vegetation, drainage patternso and any other specific conditions _ unique to the watershed; 6. To allow the County or, Its citizenry to Identify watersheds where a natural or man -induced Imbal8nde in the environmental system occurs and provide a means for cepa ring ()r rector i gig the natura 1 t unci i ons of these watersheds; Adoption .df. Prs l i c i es, lracedt i1^es �rtd�,��ndards 1 to recognition needn l t i on Of the unique cr'arac theterr l st i cs of each watershed and y need fors ind'lvidual evaluatlonl the policies y Procedures and standards for each watershed shall be adapted on an i nd i v i dua 1 bets i s by resolutio1`t of the 'Board of Supervlsorz 'fo11Ow1ng the adoption of an Ordinance estab l i sh i n,p the 10Wp" zone for 0 'Watershed. 2. At suc h time as t accordance, the Planning Commission n with the provisions of hold. a for the purpose of Section 2�F-;? 0� public hearing in establishing estab I i sh fi no a++WP•� Lone o 1' :his. Chapter t policies, �'r'acedures and standards proposed an e;th'i b i t. to the request resolution shall be to establish the sh211 be attached as -subject to the sar�o notice a_ zone, 'T'he zoning amendment and hearing resolution the estimated ' including the requirement for requirements as the publishing feethe the resolution,ai�el�osit to cover At suchreglred. the formtofeaas,ittthe PI the Co n shall rC.t M, g mmissio written recommendat i'on to t ndc ► accordance he Baird its: decision in with the,provisIon of Supervisors in On the establishment of a a of section 24-32.ob recommendatio ++WP" zone, the Of this C n on the co t Y shall also hapten the Inclusion n ent of the render their deletlan or resolution and the resoluti'on� any change and May recommend In the contents; of �`� At their peering held Chapter, the B in accordance with sectionof Dart of Supervisors shall set, -S�•07 establishment of the ,• -this. Provisions of Sect Wp++;zonin and hear bath the 1 on 24-a2.07 9 d l stn i:ct and the reso l ut i on of the zoning district as they relate +- The: Cot»mfssion, shall also including referral Wo the establishment estab1ishin relate to the back to the plinniTtg e Policies, Procedur:eS a adoption of t resolution and standards., he 5• Following the Board w the Roso'l ut i on t'stab to l aidss i n i sons a cert l c h i ng Po l i e ► es approval l �a f :the „Wp„ zone and led ca , Procedutyes and the brdin�nco creat ng thso,lution sia Standards, a i1 be attached as an exhibit to distrir_t� A l f Ce"1t 1 tin' i• The fylanpearing after a +WP e Zoning Zoning indicates deslgnation o the Provisions of this that the propertyn the Comprehensive under Article i` so clesslfiecl is subject to Ying this onto n addition to these Of the which it overlaid and aulations oi' the ;'Wia is 2� The re a specified district specifiet w adoptin fin a resolution of the fithln thfis Artiste 9 policies, procedures an shah Board of Su conflicting re odatds shell pervisors Is overlaid. ?aulatlon; of an Y d'l str nest o preva1 1 over, any r�tt� which the +"WP++ district j ATTACHMENT A POLICIES, PROCEDURES AND :STANDARDSFOR THE FIRHAVEN CREEK, PARADISE RESERVOIRAND MIAGALIA RESERVOIR WATERSHEDS A. Land Use 1.That a Watershed Protection Zone shall be overlaid onto the Magalia Reservoir, Paradise Reservoir and Firhaven Creek Watersheds, 2. Current lot or Parcel sizes in the Firhaven Creek Watershed shall be stringently maintained. No further division of lots or permitted. parcels shall be 3. Current zoning shall be maintained within the Magalia Reservoir, Paradise Reservoir and Firhaven Creek Watersheds other than to allow the considera- tion of zoning proposals to a larger minimum parcel size. 4 No change in zoning shall be made and no use permit shall be issued unless and until the individual and kmulative impact of additional sewage disposal and ,t y p urface water runoff created b new development which Udh zone change or use can be ;5roven to the a permit Might allow a approving authority by the ppl cants) to have no adverse effects upon the water quality of the Watersheds: B. Sewage Disposal 1• A 100-foot sewage disposal setback from a streaM- a 50-toot setbac}; perehnial or drainageway, and a 200-foot se ephemeral stream setback r reservoir shall be Strictly from a lake enforced for all lots Or parcels within the Firhaven Creek, paradise Reservoir and Magaliregarda Reservoir Watersheds less of the date the lot or parcel Was created. 2. Appendijt VII of the Butte County Improvements Standards for Subdivisions and Parcel, Maps and Site lmproverAOnts pursuant to Chapter 20 of the familyCo�sidentnty aalwhich lots o�a W`apples only to single prcels created after April 41 1974, shall also apply to all other devel�- ] , hiding multi=family residential, o pment inc. commercial, and industrial, on all lots or parcels. regardless of date of creation. The gallonage of se agetapphe licatiar oshall be pro - oto portion ea of the ` lot ratedn pr or parcel as determined in accordance with Appendix`UII; using the Table 1 value of 350 gallolis/day area requirement. a. A variance may be granted only on an existing lot or parcel When 'special circumstances are applicable to the property involving the soil characteristics, topography, or surrounding property characteristics. variances may be granted only to the usable area requirements of Appendix VII, Table -l. Cumulative effects Table -!. within the hydrologic basin shal'l be consid- eyed prior to issuance of any variance. In no event shall a variance be granted that would provide less usable area than the requirements of Butte County Code, chapter 19, Section 19-12. .0 An application for a variance shall. ;be made in writing On a form prescribed by the Health Department. Upon receipt of the application, the Health CUfiicer together with the Manager of the Paradise Irrigation District, and the Chairman of the Water Committee of the Upper 'Ridge Coordinating Council; shall make an investigatiaz to determine whether a varian,e shod be grunted,. At the conclusion of the invastibat rA the Health Department shall prepare a written order granting or denying the variance; and shall include in such writ ten order Specific findings of fact and reasons for i`ts granting or denial: c., if the Health Department denies the appiica tion for variance f the applicant may file an appeal; With the State Regional Water Quality- Control ualityControl Board within ten (10) days after denial. The decision by the State Regional final, - Water Quality Coritrol Board shall be