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` RC)ARD t?F SUPI~RVI~t}~S
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~~ '• ~ ~' COUNTY OF BUTTE, STATE OF CALIFORNIA
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•~~ ~'• •`'•~~~'~~~ R~sn~z~fic~n No, o8-t65
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DETERMINATION OF WILDLIFE HABITAT AREA;
APPROVAL OF RESOURCE MANAGEMENT PLAN;
FINDING OF LOT LINE ADJUSTMENT CONSISTENCY;
SIMULTANEOUS, PARTIA>C. RESCISSION AND ENTRY INTO A NEW WILLIAMSON
ACT CONTRACT FOR SIERlE2A VIEW LANDSCAPE
WfIEREAS, the subject +31$-acre property described as Assessor's Parcel Number 041-160-
059, resulting from Lot Line Adjustment application LLA07-0026, is owned by Sierra View
Landscape Inc., DBA Restoration Resources ("Owner"); the land is located at the northwest corner of
the intersection of State Highway 149 and State Highway 70 in Butte County, and is subject to the
provisions of a Williamson Act Contract between Butte County and G&M Ranches, Instrument
#20379, recorded on February 28, 1974 in the Official Records of Butte County; and
WHEREAS, Owner of the subject property has submitted an application to convert the
approved use on their Williamson Act contracted land from the current 160-acre minimum acreage
grazing land contract to a habitat conservationlmanaged wetlands "open-space use" contract; and
WHEREAS, habitat conservation anal managed wetlands uses are allowed uses on Williamson
Act land pursuant to Government Code Sections 51200(0} and 51205; and
WHEREAS, Owner is granting a perpetual habitat conversation easement to the Wildlife
Heritage Foundation, a California non-profit corporation. Owner proposes that this easement serve as
the "resource management plan"; and
Wl-IEREAS, The California Department of Fish and Game, in a letter dated December 14,
2006, indicates that the relatively large habitat mitigation program being carried out on the properties
meets the definition of "wildlife habitat area" as described under the Williamson Act, Government
Code Section 51200(j), and
WHEREAS, a lot line adjustment application (LLA07-0026) to Butte County has been
conditionally approved for the Owner pending findings by the Board of Supervisors that it is consistent
with Butte County Resolution 07-021 and that the seven findings for lot line adjustments specified in
Government Code Section S 1257 are made; and
WHEREAS, an October 22, 2007 the Land Conservation Act Advisory Committee reviewed
this project and recommended that the Board of Supervisors approve this project and simultaneously
rescind the current Williamson Act contract and enter into a new contract for habitat canservationl
managed wetlands; and
WHEREAS, California Land Conservation {Williamson) Act contracts are exempt from review
under the California Environmental Quality Aet per Categorical Exemption 1531 ~.
NOW, TI IEREFORE, I3E IT RESOLVED that the Board of Supervisors of Butte Caunty:
II:
Adopts the fallowing findings:
A. The project is exempt from CEQA under Categorical Exemption Section 15305(a) (lot
line adjustment) and Section 15317 {conservation easement contract).
B. The subject property is determined to be "an area of great importance for the protection
or enhancement of the wildlife resources of the state".
C. Lot Line adjustment application LLA07-0026 for Sierra View Landscape is found to be
consistent with Butte County Resolution 07-021, consistent with the Williamson Aet,
and satisfies the seven findings for lot line adjustments specified in Government Cade
Section S 1257.
D, The project conforms to Butte County Resolution 07-021 Rule 4 regarding Converting
"Agricultural Use" Contracts to "Habitat Conservation", and Rule S.B.I.f Open Space
for Wildlife habitat Area.
The Board of Supervisors takes the fallowing actions subject to the findings listed above:
A. Determines the Wildlife Heritage Foundation habitat conservation easement, when
executed, to be an acceptable "resource management plan" for the habitat conservation)
managed wetlands Williamson Act contract on APN 041-160-059; and
B. Approves simultaneous rescission of a portion of the current LCA contract {G&M
Ranches, Instrument #20379, recorded on February 28, 1974) for APN041-160-059, as
modified by Lot Line Adjustment LLA07-0026, and entry into a new contract {Exhibit
B) including habitat conservation) managed wetlands.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, this 16th day of December, 2008 by the following vote.
AYES: Supervisors Connelly, Dolan, Kirk, Chair Josiassen and Yamaguchi
NOES: None
ABSENT: None
Y
NOT VOTING: None
~~
F Y 'w,.a+..' ,
Curt Josiassen, CHAIR
Butte Caunty Board of Supervisors
ATTEST:
i
C. BRIAN I~AfyDIX, Chief
Administrative Offt~~cer
and Clerk ~tiftl~eJB,~a}~d
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