HomeMy WebLinkAbout1310
ORDINANCE N0. 1310
AN ORDINANCE REPEALING ORDINANCES 1296 AND
1300 REGARDING ENVIRbNMENTAL REVIEW PROCEDURES
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The Board of Supervisors of the County of Butte DO ORDAIN
this urgency ordinance as follows:
That Ordinance Number 1296 enacted on October l0, 1972
and Ordinance Number 1300 enacted on October 31, 1972 are hereby
rep ea 1 ed .
This urgency ordinance sha11 take effect immediately
upon its passage, and before the expiration of fifteen (l5) days
after its passage sha11 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. The facts constituting the urgency on which
this ordinance is based are:
1. Ordinances 1296 and 1300 were adopted as urgency
measures to adopt procedures regarding environmental review of
private projects in accordance with the California Environmental
Quality .Act, as interpreted by the California Supreme Court in
the case of Friends of Mammath~~et al~v. Board of S~ervisors
of Mono Count.
2. The effect of the Friends of Mammoth decision has
now been modified by the passage and enactment of AB 889 which
amends the Environmental Quality .Act and among other things
provides that certain types of private projects may be exempted
from the Act by the Secretary of the Resources Agency of the
State of California, establishes a 120 day moratorium period
during which environmental impact reports are not necessary for
private projects, repeals the provision providing for evaluation
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of projects in light of the Conservation Element of the County
General Plan and provides for the promulgation of guidelines for
environmental impact reports by the Secretary of the Resources
Agency.
3. The procedures established by Ordinances 1296 and
1300 are not consistent with the Environmental Quality Act as
amended by AB 889 and would cause an unnecessary, time-consuming
and expensive review of various private projects.
4. That it is necessary to repeal Ordinances 1296 and
1300 to eliminate such procedures and allow a transition to
new procedures to be adopted pursuant to State guidelines.
PASSED AND ADOPTED by the Butte County Board of Super-
visors this 12~h day of ~ December _ _r, 1972, by the following
vote:
AYES• Supervisors Ladd, Madigan, Maxon, McKillop & Chairman Gilmano~
NOES : None
ABSENT: None
NOT VOTING: None
ATTEST:
CLARK A. NELSON, County Clerk
and ex-officio Clerk of the Board
r
By._____._._.~.._
Board of
ervisors