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Resolution No, 15-202
A RESOLUTION OF T EllUTTE COulIT 1;0I) OF SU1 El' ISO'S
MAKING FINDINGS RELATIVE TO AN1 R MANCE *DDING " ELL STIMUL 4'TIO I TREAT lEIITS"
TO I 1E DEFINITION OF "OIL AND GAS EXTRACTI IN" 11 1 B IITTE COUNTY CODE 24-304
AldID FINDII 0 THE PI'OJECT CATEGORICALLY E EMIT PURSUANT TO THE CALIFORIIIA
ENVIRONMENTAL QUALITY ACT
W 1EREAS, on February 5, 2014,the Butte County Water Commission passed a motion
recommending the Board of Supervisors direct the Department of Development Services to develop an
amendment to the Zoning Ordinance specifically requiring a conditional use permit for hydraulic
fracturing oil and gas extraction practices to safeguard local groundwater resources; and
WHE"EAS, on April 8, 2014, the Board of Supervisors directed staff to prepare a proposed
amendment to the current Zoning Ordinance to ban fracturing in Butte County, which was presented to
the Planning Commission as Zoning Code Amendment ZCA14-0002; and
WHEREAS, on October 23, 2014 the Planning Commission considered Zoning Code Amendment
ZCA14-0002 to prohibit well stimulation treatment and to specify that no well stimulation byproducts of
any form or of any nature may be stored in, or disposed of, in the boundaries of Butte County; and
"E'E i 5, on October 23, 2014 the Planning Commission directed staff to prepare an
alternative ordinance prohibiting the storage or disposal of well stimulation byproducts within the
county as a preferred method of addressing environmental concerns related to hydraulic fracturing; and
ERE*S, on December 11, 2014,the Butte County Planning Commission forwarded no
recommendation to the Board of Supervisors relative to the ordinance to ban the storage or disposal of
hydraulic fracturing byproducts or the ordinance to prohibit well stimulation treatments; and
HE'E A S, on February 10, 2015, the Board of Supervisors considered two ordinances, one to
ban well stimulation treatments and the other to ban the storage or disposal of hydraulic fracturing
byproducts in Butte County; and
WHEREAS, on April 21, 2015, the Board of Supervisors adopted an ordinance to ban the storage
of disposal of hydraulic fracturing byproducts in Butte County; and
EREAS, on October 22, 2015,the Butte County Planning Commission recommended the
Board of Supervisors find ZCA15-0001 exempt from the California Environmental Quality Act (CEQA) and
adopt the ordinance to add "Well Stimulation Treatments"to the definition of"Oil and Gas Extraction;"
and
WHEREAS, based on available evidence,well stimulation treatments may cause environmental
harm to land, air, water, and agricultural resources if improperly implemented; and
WHEREAS, well stimulation treatments may result in water contamination, if improperly
implemented, and people who utilize contaminated water may experience illness; and
WHEREAS, a duly noticed public hearing was held on December 8, 2015; and
WHEREAS,the Board of Supervisors has considered public comments,the recommendation of
the Planning Commission, and a report from the Planning Division.
NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors:
Finds the project is exempt from environmental review pursuant to CEQA
Guidelines section 15378 because it will have no potential for physical change to
the environment either directly or indirectly, and CEQA Guidelines sections
15307 and 15308 because it is a regulatory action taken by Butte County to
assure the maintenance, restoration, enhancement, and protection of its
natural resources and the environment.
II. Makes the following findings in regards to Zoning Code Amendment ZCA15-
0001 such that "Well Stimulation Treatments" are explicitly included in the
definition of"Oil and Gas Extraction" and will continue to require the approval
of a Conditional Use Permit in Butte County:
The proposed Zoning Code Amendment, clarifying Well Stimulation Treatments
are a method of Oil and Gas Extraction subject to a Conditional Use Permit, is
consistent with goals and policies of the Butte County General Plan, including
but not limited to:
1. Goal LU-1 Continue to uphold and respect the planning
principles on which the County's land use map is based.
2. Policy LU-P1.6 The County shall conserve important habitat and
watershed areas, while protecting the public safety of County
residents.
3. Goal W-1 Maintain and enhance water quality.
4. Policy W-P1.2 The County shall cooperate with State and local
agencies in efforts to identify and eliminate or minimize all
sources of existing and potential point and non-point sources of
pollution to ground and surface waters, including leaking fuel
tanks, discharges from storm drains, auto dismantling,dump
sites, sanitary waste systems, parking lots, roadways, and
logging and mining operations.
5. Goal W-2 Ensure abundant and sustainable water supply to
support all uses in Butte County.
6. Policy W-P3.3 The County shall protect groundwater recharge
and groundwater quality when considering new development
projects.
PASSE AD ADOPTED by the Butte County Board of Supervisors this 8th day of December,
2015 by the following vote:
AYES: Supervisors Connelly, Kirk, Lambert and Chair Teeter
NOES: Supervisor Wahl
ABSENT: None
ABSTAIN: None
DOUG TEETER, Chair
Board of Supervisors
ATTEST:
Paul Hah , Chief Adminigilative Officer
and Clerk of ty47ofa,r7of Supyirvisbrs
By:
•ep y
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