HomeMy WebLinkAbout1296l
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Ordinance 1295
URGENCY ORDINANCE ESTABLISHING PROCEDURES FOR
COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL UALITY AC'T
The Board of Supervisors of the County of Butte do hereby
ordain as (allows:
~, o Notwithstanding anything; :in the Butte County Code or any
ordinance previously adopted by this Board, all decisions by the
Planning Commission, Staff Subdivision Committee, and the Board of
Ssupervisors regarding use permits, variances, changes of zones,
subdivision maps, and sand division maps shall require the follow
findings in addition to all other regv.irements presently existent
by ordinance and/or regulation:
A. A finding that any proposed use, variance, change
of zone, subdivision map, or land division map which will have a
significant effect on the environment is in accord with the
Conservation Element of the Butte County Genera. Plana In the
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event the aforesaid Board of Supervisors, Planning Commission or
Staff Subdivision Committee, finds, after a review of th e
proposed matter, that the matter does not have a significant effec
on the environment, they shall so state and prepare and adopt a
statement of reasons therefor, in which case no findings need be
made regarding accord with the said Conservation Element,
B. Specific findings regarding the following factors
as they relate to the Conservation Element of the General Plan:
(a) The environmental impact of the proposed action.
(b) Any adverse environmental effects which cannot be avoi
if the proposal is implementedo
{c) Mitigation measures proposed to minimize the impacto
{d) Alternatives to the proposed actiono
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(e) The relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity.
(f) Any irreversible environmental changes which would be
involved in the proposed action should it be implemented,
2 4 PF,RMITS
A. Whenever any person applies to the County of Butte
or any department thereof for a permit, including but not limited
to building, encroachment and sewage disposal permits, a determina
Lion shall be made whether or not the project for which the permit
is requested could have a significant effect on the environment.
Provided that in those cases delineated in Sub-section 2aB below
no such determination need be made unless there are extraordinary
circumstances indicating in the particular ease that the project
could have a substantial effect on the environment, in which
case the same procedures shall be followed for reviewing the
matter as are followed in all other caseso
Ba The Board of Supervisors hereby determines that
projects of the following types rima facie do not have a
substantial effect on the environment:
to Repair, modification or construction of
single family and two family residences and their accessory
buildings.
2a Installation of single family mobile homes
and their accessory buildingso
3. Repair, remodeling, minor modifications of or
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additions to existing commercial buildings and multiple family
dwellings which do not alter the character or function of such
buildings or dwellings.
4. Construction in areas where there has already
been substantial development and where the essential municipal
services, including but not limited to electricity, highways, Ovate
sewers, police and fire protection, are availableo
5. Any repair, modification or construction for
which encroachment and sewage disposal permits are required pursua
to projects of the type delineated in items 1-4 aboveo
6. Repair of existing sewage disposal facilities
for the purpose of complying with applicable State and County
sewage disposal requirementso
7. Issuance of a building permit for a project
for which a •use permit was obtained pursuant to the provisions
of this o rdinanceo
C. The following procedures will be utilized to det
whether or not a project could have a significant effect on the
environment:
1. The owner of the property upon which the
project is to be carried out pursuant to the permit will be
required to complete a questionnaire in a farm approved by
resolution of this Board.
20 The county or applicable department thereof
will review the completed questionnaireo
t
~. ne
3, The county department processing the applicati~:~
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shall review the questionnaire with other affected county
departmentsa
4o If a determination is made that there is no
significant effect on the environment the permit shall be granted,
subject to the provisions of Sub-section 2D below.
5. If a determination is made that the project
could have a significant effect on the environment the application
for the permit tog ether with the questionnaire shall be reviewed
in the manner specified in Section 1B above and a finding shall
be made whether the project is in accord with the Conservation
Element of the Butte County General Plano If the project is in
accord with the said Conservation Element, the permit shall be
granted subject to the provisions of 2D belowa If the project is
not in accord with the said Conservation Element the permit may be
denied, in which case the applicant has the right to appeal to
the Planning Commission which shall hold a hearing on the question
of iss~.xance or denial of the permito
D. In cases where a department of the County of Butte
has reviewed an application for a permit and the questionnaire
referred to in Sub-section 2C above and determined that the
project in question could not hav e a significant effect upon the
environment or, in those cases where it was determined that the
project could have a significant effect on the environment but
that the project was in accord with the Conservation Element of
the Butte County General Plan, said department shall publish a
statement so indicating, Such statement shall be published in a
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newspaper of general circulation in the County one time and shall
specify that any person wishing to contest said determination
may file a written protest with the Planning Commission specifying
the reasons th erefora Such written protest must be filed within
seven days from the date the notice is published in the newspapero
If a written protest is timely filed the permit shall not be
issued by the department unless the Planning Commission concurs
in the determination of the department. The determination of the
Planning Commission shall be final unless appealed to the Board
of Supervisors pursuant to the appeal procedures for use permits
found in Ordinance No, 1044.
3a This urgency ordinance shall take effect immediately
upon its passage, and before the expiration of fifteen C15) days
after its passage shall be published once with the names of all
members of the Board of Supervisors voting for and against the
same in a newspaper of general circulation in the County of Butte,
State of California. This ordinance shall expire 90 days from
date of adoptiono The facts constituting the urgency on which
this ordinance is based are:
1. On September 21, 1972, the California Supreme
Court filed its decision in the case of Friends of Mammoth, et al
v. Board of Su ervisors of Mono Count interpreting the California
Environmental Quality Act of 1970 to be applicable to private
activities for which a permit is required from a local governments
entity.
2. It had not been foreseen that the Calii' o rnia
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Environmental Quality Act would be interpreted in this broad man
and the effect of the decision is to sfiddenly cause a disruption
of administrative procedures for processing applications for
bv.ilding permits and for other actionso
3o That this disruption of such activities has
engendered confusion and uncertainty regarding proper procedures
be followed in such cases and could lead to lengthy delays with
the resulting disruptions of normal county business and a signific~
detrimental effect upon the economy of Butte Countyo
4a That such disruptions when considered in view of
the critical housing shortage in certain areas of Butte County is
intolerableo
PASSEll AVD ADOPTED by the Butte County Board of Supervisors
this 'lC:~h day of October, 1972, by the following vote:
AYES: Supervsisors I3outhit, Ladd, Mad~.gan, Maxan and
Chairman Gzlman.
NOES: Nonce
ABSENT: Nane=
NOT VOTING: Nane
ART GILMAN, Ck~_~lrman of the tsu~cte
County Board Supervisors
I ATTEST:
CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
By.:
nt
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