HomeMy WebLinkAbout10-177Resolution
RESOLUTION MAKING APPLICATION TO THE BUTTE COUNTY LOCAL AGENCY
FORMATION COMMISSION REGARDING PROPOSAL FOR EXPANDING THE POWERS
OF COUNTY SERVICE AREA NO. 114
TO PAY CERTAIN FEES TO FACILITATE THE PROVISION OF SEWER SERVICE
WHEREAS, the Board of Supervisors of the County of Butte intends to consider a proposal to expand
the powers of County Service Area no. 114 to include payment of certain sewer connection fees for those
parcels located within CSA 114 currently developed with residential use and utilizing private septic
systems to provide parity with certain other parcels within CSA 114 which will have certain sewer
connection fees waived by the City of Chico; and
WHEREAS, the Board of Supervisors of the County of Butte intends that such payments of certain sewer
connection fees wi11 be paid solely out of the funds currently held by CSA 114 (or assessment fees
collected by CSA 114 in the future}; and
WHEREAS, the Board of Supervisors of the County of Butte does not anticipate ox contemplate an
increase in the maximum allowable assessment fee of parcels within CSA 114 (currently $25.90 per
parcel) as a result of this expansion, although the current assessment fee per parcel of $12.b0 may be
increased {to some amount Iess than or equal to the current maximum allowable assessment fee} in the
future as a result of the expansion; and
WHEREAS, the Board of Supervisors has considered a Negative Declaration in accordance with the California
Envixonmental Quality Act; and ~
WHEREAS, said proposal to expand the powers of County Service Area (CSA) No. 114 was referred to
various affected public and private agencies, County departments, and referral agencies for review and
comments; and
WHEREAS, no proceedings for this change in scope of a county service area shall be instituted by this
Board or requested by its members until approval of the Local Agency Formation Commission is f rst
obtained.
NOW, THEREFORE, BE IT RESOLVED by Board of Supervisors of the County of Butte, State of
California, as follows:
1. Application and a proposal is hereby made to the Local Agency Formation Commission in accordance
with the Cortese-Knox Local Government Reorganization Act of 1985, as set forth in Division 3, Title 5
of the California Government Code (commencing with Section 56000} to expand the powers of the
County Service Area No_ 114 to include payment of certain sewex connection fees for those parcels
located within CSA 114 currently developed with. residential use and utilizing private septic systems.
2. Changes of said county service area are proposed under County Service Area Law (Chapter 2.2, Part 2,
Division 2, Title 3 of the Government Code beginning with Section 25210.1).
3. The following type of service is proposed to be an additional extended service to be provided within said
County Service Area No. 114: payment of sewer connection fees for those parcels located within CSA
114 currently developed with residential use and utilizing private septic systems.
4. The area within which such extended services would be provided is the existing area of County Service
Area No. 114.
5. A Negative Declaration is adopted with the following f ndings:
A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said
study identified no significant environmental effects that would result from the proposed project.
B. The Board of Supervisors has considered the Negative Declaration, together with comments
received during the review process.
C. On the basis of the whole record before the Board of Supervisors, including the Initial Study and any
comments received, there is no substantial evidence that the expansion of powers of County Service
Area (CSA) No. 114, would have a signif cant effect on the environment. The custodian of the
record is the Butte County Administration Department. The location of the record is 25 County
Center Drive, Oraville CA 95965.
D. The Negative Declaration reflects the independent judgment and analysis of Butte County, which is
the Lead Agency.
6. The collection of fees pursuant to Fish and Game Code Section 711.4 and 14CCR 753.5 is required prior
to filing a Notice of Determination for the project, unless the project proponent provides verif cation
from the California Department of Fish and Game that the project is exempt from the fee requirement.
If a required fee is not paid for the project, the project will not be operative, vested or final and any local
permits issued for the project will be invalid {Section 711.4 (c) (3)}.
7. The Clerk of the Board is authorized and directed to file a certified copy of this resolution with the
Executive Officer of the Butte County Local Agency Formation Commission.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 14`" day of December 2010
by the following vote:
AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, anal Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None r~ _ A~
Bill Connelly, Chair
ATTEST:
Paul Hahn, Chief Administrative Officer
An
By