HomeMy WebLinkAbout06-102RESOLUTION ESTABLISHING THE BUTTE COUNTY PERMANENT
ROAD DIVISION
WHEREAS, the Board of Supervisors may form a permanent road division without
reference to a specific pei-rnanent road project pursuant to Streets and Highways Code Section
1162.6; and
WHEREAS, the permanent road division may include the entire unincorporated area of the
county; and
WHEREAS, on May 23, 2006, the Board adapted its Resolution of Intention to Establish the
Butte County Permanent Road Division, pursuant to provisions of the Permanent Road Division Law
(Streets and Highways Code Sections 1160 through 1197) and in particular pursuant to Streets and
Highways Cade Section 1162.6, to provide services herein described within the unincorporated
territory of the County of Butte and ordered a public hearing on establishment of said Permanent
Road Division to be held in the Chambers of the Board on June 27, 2006; and
WHEREAS, notice of said hearing was given, as required by law, in accordance with
Section 6061 of the Government Code; and
WHEREAS, said hearing was held at the time and place specified in the notice and not less
than seven days after publication of the hearing notice; and
WHEREAS, evidence was taken at the hearing and the Board heard all objections to the
establishment of the division; and
WHEREAS, the formation of the Butte County Permanent Road Division is exempt from
CEQA pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with
certainty that there is no possibility that said formation may have a signif cant effect on the
environment, for the fallowing reason - no permanent road project or any physical change in the
environment is proposed or authorized by the formation of the Division and such praj ects or changes
could not be carried out by the Division unless and until separate proceedings are conducted to create
zones of benefit within the Division, and
WHEREAS, in the judgment of the Board it is advisable to establish the proposed Division.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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1. The Board of Supervisors finds that all of the recitations made hereinabove are true and
correct.
2. The formation of the Butte County Permanent Road Division is exempt from CEQA
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen
with certainty that there is no possibility that said formation may have a signif cant effect
on the environment,
3. Proceedings for formation of said proposed Butte County Permanent Road Division are
valid and in conformity with the requirement of aforementioned Permanent Road
Division Law.
4. The services to be provided within the Division are the construction, improvement and
maintenance, or any one or combination thereof, of any highway, including, but not
limited to drainage, landscaping, pedestrian and bike trail facilities, or other facilities
incidental to a highway. "Highway" means any county road or highway ar any public
roadway right of way or any private easement or roadway not accepted or acceptable into
the county highway system but upon which a permanent public easement is offered or
any privately owned road which meets the requirements of and in connection with which
the necessary findings of Section 969.5 of the Streets and Highways Cade can be made.
The Board of Supervisors hereby establishes a permanent road division for the entire
unincorporated area of the County and designates it as the Butte County Pemnanent Raad
Division, pursuant to Streets and Highways Code Section 1162.6. The area of the
Division will automatically exclude areas that incorporate or annex to incorporated cities.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, this 27`s day of June, 2006 by the following vote:
AYES: Supervisors Connelly, Da~.an, Yamaguchi and Chair Jos~.assen
NOES: None
ABSENT: Supervisor Houx
NOT VOTING: None
ATTEST:
rt Josi sen, Chair, Butte County
ar Supervisors
Paul McIntosh, Chief Administrative Offacer
and Clerk of the Board of Supervisors
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