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RESOLUTION NO. 14-093
A RESOLUTION OF THE BOARD OF SUPERVISORS, COUNTY OF BUTTE, STATE OF CALIFORNIA
MAKING FINDINGS AND APPROVING GRADING PERMIT RD13-0001 CURRAN,TRAVIS)
WHEREAS, the Board of Supervisors has considered the appeal of the Planning Commission denial of Grading
Permit GRD13-0001 by the applicant, Travis Curran, at a duly noticed public hearing on July 29, 2014 in accordance with
Chapter 13, Article 1, Grading and Chapter 24, Article 37, Appeals and Calls for Review, of the Butte County Code on
Assessor's Parcel Number 0158-210-097; and
WHEREAS, said application was referred to various affected public and private agencies, County departments,
and' referral agencies for review and comments; and
WHEREAS, duly noticed public hearings were held by the Zoning Administrator on April 23, 2014 and Planning
Commission on May 22, 2014; and
WHEREAS, the Board of Supervisors has considered public comments, reports from the Planning Division, and
the appeal letter on record:
NOW,THEREFORE, BE IT RESOLVED that the Board of Supervisors:
I.. Adopts the Negative Declaration prepared pursuant to the requirements of the California Environmental Quality
Act (Public Resources Code § 21000 et seq.)with the fallowing findings:,
A. An Initial Study was completed in compliance with the California Environmental Quality Act. Said study
did not identify any significant environmental effects with approval of the 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 Grading Permit for Travis Curran„ Planning
Division File No. GRD13-0001., with conditions here attached, would have a significant effect on the
environment.
D. The custodian of the record is the Land, Development Division of the Public Works Department. The
location of the record is 7 County Center Drive, Cirovill!e CA 95955.
E. The Negative Declaration reflects the independent judgment and analysis of the County, which is the
Lead Agency.
II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of
Determination for the project, unless the project proponent provides verification from the California
Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not
paid for a project, the project will not be operative, vested or final and any local permits issued for the project
will be invalid (Fish &Game Code Section 71.1.4(c)(3)).
III. Makes the following findings regarding Grading Permit UP13-0001:
A. Grading Plans are consistent with the provisions as set forth in Chapter 13, Article I of the Butte County
Code, including all relevant laws, ordinances, rules and regulations.
B. The Erosion and Sediment Control Plan conforms to the provisions as set forth in, Chapter 13, Article 1 of
the Butte County Code, and contain, temporary and permanent measures that, when implemented,
would ensure that sediment caused by grading activities would be retained on the project site to the
greatest extent feasible.
C. Upon a review of the proposed project and the associated documents, the Dlirector of Public Works has
confirmed the project's consistency with the provisions of Chapter 13, Article I of the Butte County
Code, and has recommended approval.
D. Approval of this project will not be detrimental to the public health, safety, and welfare of the publiic
because the environmental controls and conditions of approval incorporated into the project will ensure
that any potential impacts will not adversely affect the surrounding area.
IV. Approves Grading Permit GRD 3-0001 forTravis Currant, subject to the conditions in Exhibit"A"
PASSED AND ADOPTED by the Butte County Board of Supervisors this 29th day of July by the following vote:
AYES:Supervisors Connelly, Kirk, Lambert and Chair Teeter
NOES:Supervisor Wahl
ARSE NT: None
NOT VOTING: one
Doug I Teeter r-'d'air
Butte County Board of Supervisors
ATTEST:
By:
Paul h Chief0 ASministrative fficer and
of
Clerk f he Board of Supervis Irs
EXHIBIT A
CONDITIONS OF APPROVAL:
1. All grading activities shall be in conformance with the approved grading and erosion control plans on file with
the County of Butte.
2. Prior to grading, a construction storm water permit will be required by the State Water Resources Control Board
if the project results in a disturbance (including clearing, excavation, filling, and grading) of one or more acres.
The permit must be obtained from the State Water Resources Control Board prior to grading.
3. The applicant shall implement the following best management practices for dust suppression during all
proposed grading and clearing activities:
A. Conduct daily cleanup.This practice shall include removal of mud and dust carried onto street surfaces
by construction vehicles. During clearing grading, earth-moving,excavation,or transportation of cut or
fill materials,water trucks or sprinkler systems are to be used to prevent dust from leaving the site
and to create a crust after each day's activities cease.
B. Cover haul trucks with tarpaulins or other effective covers at all times,except when loading or
unloading materials.
C. Water all exposed earth surfaces. This practice shall be conducted at a minimum in the late morning
and at the end of the day. Further,the frequency of watering shall increase if required by the butte
county air pollution control district.
D. All clearing,grading, earth-moving, or excavation activities shall cease when winds exceed 15 mph
averaged over 1 hour.
E. The area disturbed by demolition,clearing,grading,earth-moving, or excavation operations shall be
minimized at all times.
F. Portions of the construction site to remain inactive longer than a period of 14 days shall be seeded
and watered until grass cover is grown.
G. The applicant shall minimize construction-related exhaust emissions by maintaining construction
equipment engines in good condition and in proper tune according to manufacturer's specifications
and during smog season (May through October) by not allowing construction equipment to be left
idling for long periods.
H. All on-site vehicles should be limited to a speed of 15 mph on unpaved roads.
1. Re-vegetate exposed surfaces.This shall be completed as soon as possible to reduce dust emissions.
The Dust Suppression Plan shall be submitted to the County of Butte for review and approval prior to
issuance of a grading permit.
J. Soil stockpiled for more than two days shall be covered, kept moist,or treated with soil binders to
prevent dust generation.
K. Abide by the following additional measures during all construction activity:
L Use alternatives to open burning of vegetative material during all clearing and construction.
ii. Other measures as determined appropriate by AQMD and Department of Public Works to
reduce dust.
4. Should grading activities reveal the presence of cultural resources (i.e., artifact concentrations, including
arrowheads and other stone tools or chipping debris, cans, glass, etc.; structural remains; human skeletal
remains), work within 50 feet of the find shall cease immediately until a qualified professional archaeologist can
be consulted to evaluate the remains and implement appropriate mitigation procedures. Recommencement of
development activities shall not occur until clearance is provided by the Butte County Department of
Development Services. Should human skeletal remains be encountered, State law requires immediate
notification of the County Coroner ((530) 538-7404). Should the County Coroner determine that such remains
are in an archaeological context, the Native American Heritage Commission in Sacramento shall be notified
immediately, pursuant to State law, to arrange for Native American participation in determining the disposition
of such remains. A notation of the above described measure shall be made to the final grading and erosion
control plans.