HomeMy WebLinkAbout08-052~~
C'~f~1TY C» .I,JTTE, STATE QF GAi_#,Ft"~~,~.
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KI?SOLU'I'ION NO. 08-052
A RESOLUTION OF TIIE BOARD OF SUPERVISORS OF 'THE, COUNTY OF BU'TT'E,
STATE OF CALIFORNIA, VACA"I`ING AND SETTING ASIDE ITS ACTION OF
SEP'I'EMBEIZ 1 ], 2047, ON THE. GRAD[NG PF,IZMIT APPF,AL OF SIGNALIZED
INTERSEC"PION WI?ST, LLC, (GRD 06-01) ANll DIRECTING 'T'HA'T THE, HEARING
ON SAH) APPEAI. BI'. REOPENED
The Board of Supervisors makes the following tiudings and takes the following actions
regarding the grading permit application of Signalized intersection West, LLC.'. (GRD 06-O1 ):
l~he Board of Supervisors finds as follows:
1. "l~hc Board of Supervisors held a duly noticed public hearing on September 1 1, 2007, to
consider the appeal of Signalized Intersection West, LLC, of the Planning Commission's
denial ol~grading permit application (GRll 06-01). Said pcnnit application pertains to
grading on 1.75 acres ol~ an 80-acre property (two 40-acre parcels) Eor the purpose of
developing two single-Gamily dwellings, private roadst driveways, which property is
located in E3uttc Creek Canyon on the northerly side of Centerville Road approximately,
two miles northeast ol`the honey Run Road and Centerville Road intersection, and 1600
Icci northwest of Cable Bridge Drive.
?. Documentary evidence and testimony was presented at said appeal hearing and was
considered by the E3oard of Supervisors.
i. .~1t the conclusion oE~ said appeal hearing the Board of Supervisors, on a ~ t« l vote.
adopted a motion to deny the appeal and order the applicant to remediate the grading
which had occurred on the property.
~. On December 10, 2007, Signalized intersection Wesi, LLC, filed a Petition I~or Writ of~
Administrative Mandamus, in the Superior Court of California, County of Butte (Case
No. 141757) alleging, in part, that "...although there was c~isc~ussion on a number of
issues at the hearing, the Board did not make any tindings io support its decision.
Consequently, it is wholly unclear Erom the administrative record why the E3oard denied
the appeal.'"
>. Said petition seeks, among other things, a peremptory writ of mandate directing the
County to vacate and set aside the decision denying the appeal and directing Signalized
lntersectiol~ West, LLC to restore the property.
6. No action has been taken by the Court on said requests as of this date, and. specifically.
no writ has been issued.
7. ~1'he Board of Supervisors desires, on its own motion and without agreeing there was any
legal deficiency or impropriety in its proceedings and actions pertaining to the appeal of
Signalised lnterscction West. L,LC, to take the actions set forth below to allow further
consideration of the appmpriaie actions to take thereon and U1e reasons supporting such
actions.
Now, therefore, the Board of~Supervisors takes the following actions:
1, The action taken by the Board of Supervisors on September 11, 2007. denying the appeal
of Signalized Intersection West, I<LC, and ordering Signalized ]ntersection West, LLC to
remediate the grading which had occurred on the proposed project site, is hereby vacated
and set aside.
2. "hhe hearing on the appeal of Signalized Intersection West. LLC, from the Planning
Commission's denial of its application for a grading permit shall be and is hereby
reopened.
3. "l~he Clerk of the Board of Supervisors is directed to set a date and time for said hearing io
recommence and to give nonce of~ said hearing as required by law.
4, l~he Board ol~ Supervisors will hold and conclude said hearing before it takes any
additional action pertaining to Grading Permit Application GIZIa 06-O1.
~. "hhc hearing record shall include all documents and testimony which constituted the
record as of September 1 I, 2007, together with this resolution, all additional documents
and testimony that arc presented to the Board of Supervisors during the rc-opened
hearing, all documents regarding subsequent actions take-7 by the Board o1~ Supervisors in
this matter, and all related notices and other documents.
"fhe foregoing resolution was adopted by the Butte County Board ol~ Supervisors at its
meeting held on April 22, 2008 by the following vote:
liY1:S:Supervisors Connelly, Dolan, Kirk, and Yamaguchi
NO},S: Supervisor Curt Josiassen
ABSI;N"1': None
NOT VO"1"ING: None
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CUI21".f~S1ASSl?N, Chair
Butte Ct~unty Board of~Supervisors
A"1~"fF,S"C:
C. BR1AN l IADUIX,
Chief Administrative Ol~icer and
('lerk of the Bvalyd - ~ ,
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