HomeMy WebLinkAbout73-059_ ~ ~
;i ~ ~ Resalufion NO. 73' S9
RESOLUTION ADOPTING PROCEDURES FOR
IMPLEMENTATION OF ENVIRONMENTAL C~UAZTTY ACT
WHEREAS, the California Environmental Quality Act of
1970 as amended by Chapter 1154 of the Statutes of 1972, requires all
public agencies to adopt objectives, criteria and procedures for ~he
eval.uation of projects and the preparation of environmental impact
reports pursuant ta the Act, which objectives, cri~eria and procedures
shall be consistent with fihe provisions of the Act and the guidelines
adopted by the Secretary of the Resources Agency pursuant to Pub].ic
Resources Code §21083, and
WHEREAS, the ~oard af Supervisors held a hearing
regarding proposed pxocedures establishing such obj ectzves, criteria
and procedures on March 13, 1973, which hearing was continued on
March 20,, 1973,March 27, 1973 and Apri7. 3, 19730
NOW, THEREFOR~, BE IT RESOLVED that the procedures
attached hereto as Ex~ibit "A'~ are adopted pursuant ta Public Resources
Code §21082 as the objectives, critexia and procedu.res to impl.ement
the Califox~nia Environmental Quality Act of 1970, consistent with tlze
guidelines adopted by ~.he Secretary of the Resources Agency pursuant
to public~Resources Code §21083.
BE IT FURTHER RESOLVED that the procedures hereby
adopted shali~ b:ecome effective April 5, 1973a
PASSED ,ANA ADOPTED by the Butte County Board of
Supervisors this 3rd day af April, 1973, by:-:tha tollowing vote:
AYES: Supervisors Camero», Gilman, I.add, Medigan and Chairman :~icKiZlop
NOES : None
ABSENT: None
NOT VOTING None r
c cKi o,' airman o~t`~'ie
ATTES'~• oard of Supervisors
CLARK A. NELSON County C1erk and
ex-o£~iei.o Cler~c of the Board
By ~~,~ ~ ~. ~~
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COUNT'1' Ok' BUTT°~.
PROCEDURES FOR IMPLEf1ENTATT.~ OF CALTFORNiA
ENVI220NMENTAT. UAT.ITY ACT OF .1970
L. oal~c~zv~s.
The objectives of these procedures are to impZement the
California Environmental Quality Act of 1970 (CEQA) and to ensure
that consideration is given to the environmental effects of projects
which are subject to CEQA. 1he Cnunty retains its existing anthority
to balance environmental objectives with economic and social objectives
and to weigh the various long Yerm and short term costsand benefits
of a project in making the decision to approve or disapprove it,
2, DEFINITIONS.
,
The definitions contained in CEQA and the regulations of
the California Resources Agency imp3.ementing CEQA shall be applicable
in construing and applying these procedurese
3. EI~7ERGENCY PR0.7ECTS. '
Those emergency projects speci.~ied in 14 California
Administrative Code Section 15071 are exempt from the requirement
~or an environmental impact report and may be approved without an
environmental review pursuant to these procedures, The determination
whether a project is an exempt emergency project shall be made by tihe
Board of Supervisors.
4, LEAD AGIIICY.
Whexe a project is to be carried out or~approved by more
than one public agency, only one EIR or Negative Declaration shall
be made, and it will be made by the lead agency. 'When the County
is not the lead agency but has jurisdiction over a portion or phase
of the project, it sha].Z not take action on that portion or phase
unti3. iti has considered the EIR or Negative Declaration of the
lead agencyo
5. PRIVATE PROJECTS; ENVIRONMErITAT~ R~VIEW PROCEDURES.
When application is made to the County of Buti~, or any
department thereof, as tE~e lead agency, for approval of a
private project (as defined in 14 California Adroinistrative Code
Sections 15037(a)(2) and (3) and 15062? the foll.owing procedures
sha11 be followed, in accordance with the flow chart attached
hereto as Appendix Aa
~NTTTAL ACTIOAT •
A. The department with which the application has been
filed shall determine whether the application is £or a ministerial.
activity or for an activity qualifying for a categorical exemption,
which activities and esemptions are listed on attached Appendix Bo
If the application is for a ministerial acti~ritiy or an activ'ity
which is categorically exempt, no environmental impact repor~ ~ETl2)
is required, and reguiar processing of the application may contin~xe
without further enviranmental review pusuant to these procedures.
. B. If the activity in question is not ministerial and
is not categorically exempt, the department shall notify the applicant
to apply at the Plannir~ Department, 7 County Center Drive, Oroville,
California, for review of the project by the Environmental Review
Committee (ERC), consist.ing of one member each £rom the Planning
Department, Health Department and Public Works Department, The
application £or such revi.ew shal~ be accompanied by a fee of $25.00.
~ ie fe
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DET~RMIPdATION WHETHER PROJECT COULD HAVE SIGNIFTCANT EFR~CT
C. Upon receipti o£ the application the ERC shall
conduct an initial study to determine if the project may have a
significant effect on the environment. In making such study, the
ERC shail prepare and file with the Planning Department a written
determi.nation in the form attacE~ed as Appendix C. T[~e ERC may
require the applicant to submit daCa and information, may request
comments from affected County departments of other government
agencies and may make field inspections as necessary to make this
determination. If any of the effects of a project may have
subsCantial adverse impact on the environment, regardless of whether
the over-all effect of the project is adverse or beneficial, fhen
an EIR must be prepared. ~
D. If it is determined that the project could have
a signi~icant effect on the environment and an EIR is required,
the:applicant will be noti€ied in writinge If the spplicant
wishes to'protest this determinati~on,'he may file a writ~ten~protest
specifying the reasons therefor with the Planning Commission at the
PJ.anning Department of£ice within 15 days from the date the notice
o~ the determination was given or mailed to him. If no written
protest is timely filed an EIR will be required. If a written
protest is timely filed, a hearing regarding the determinati.on
shall be held in the same manner as specified for hearings regarding
negative declarations. If after such hearing the Ylanning
Commission affi.xms the determination of the ERC that the project
could have a significant impact on the environmen.t, an. EIR is required,
NEGATIVE DECLARATIOP7 AND PROTESTS
E. If a determinati.on is made that the pro;ject will
not ha'v'e a significant effect on tE~e environment, the ~RC or
Planning Commissi.on, as applicable, shall prepare or have prepared,
a N.egative DecLaratian not exceeding one page in length and in the
form attached hereto as Appendix D and ~ile copies thereo£ with
the County Clerk and Planning Department.
F. Copies of the Negative Dec7.aratiori and the ERC's
determination-shall be available for public inspection and copies
thereof may be provided to arty person upon payment by him of
a fee of $1.00 for the first page and 5.50 for each additional page.
G. Any person wishing to contest a Negative beclara~ion
` may file a written protest specifyi.ng the reasons therefor. Such
wx~itten protest shall be filed with the Planning Commission at
the Ylanning Department office within 15 days from the date the
~ Negative Declaration was filed with the County Clerko If no
written protes~ is.timely £iled, the application for the pro~ect
~ may be approved wiChout hearing regarding the Negative Declaration
and writhaut further environmental review pursuant to these procedures.
If a written protest is timely filed,~the Planning Department shall.
immediaCely give or mail a copy ~~ereof to the app7.icant, and a
. hearing regarding the Negative Dec7.aration Sha11 be held by the
planning Commission at the same time that ~he application for th~
project in question is considered, or, i.£ the matter does noC involve
a project for tahich an application is pending before the Planning
Commission, the protest hearing shall be conducted at a ti.me
set by the Planning Department, which time sha11 be not less than
ten days after xeceipt of the pxotest. Written notice of the'ti.me
and place of the hearing shall be given or mailed to the applicant,
the person filirig the protest and the a~fected.County department
and shali be filed with the County Clerk, not less than ten days
prior to the hearingo At the hearing, addi.tional objections not
included in the written protest may be presented either orally or
in writing.
H. If the Planning Commission deter~nines that the
. project does not have a significant effect on the environment,
and affirms the Negative Declaration, no ~IR is required and, after
expiration of_the appeal period specified in Section I beTow, the
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applieati.on may be actied upon. However, 9.f the Planning Commission
determines that the project could have a significant effec~ on the
environment, an ~IR sE~all be required and the application shall not
' be approved until such ti€ne as the EYTt is prepared and reviewed
~ pursuant to these procedurese
~ I. Determznation of the Planning Com~nission on the
Negative Declaration shal.l be made within ten days from the.close
of the hearing and shall be tinal unless a writEen appeal is filed
with the Board of Supervisoz's within eighY days of the determination.
In the event such an appeal is filed the Board of Supervisors shall
hold a hearing on Che appeal after giving notice in the same manner
as specified in Section G ahoveo The determination of the Board
o£ Supervisoxs on such appeal shall be final. '
. ,7, After a final determination has been made on
. -a::N~gative.Decl.azation:p.xo,test and a decision is made on the
project, the agency making the decision shall prepare a~Notice o°f
Determi.nation in the form attached as Appendix E and file it with
the County C1erk and the Planning Department.
ENVIRO~fiSF.^ITAL IMPACT REPORT REQUIRED
IC, If it is determined that the project eould have
a si.gnificanC effect on the environment, an EIR is required and
the app7.icant will be notified in writing that his applicat9.oa csnnot
be acted ugon until the EIR i.s prepared and reviewed. In such
cases the time for a decision on the application wa.ll be suspended
from the date of the determination to the date when the final EIR
is comgleted; provided, however, that the final EIR must be compieted
• wi.thin a reasonabZe pex'iod of timee
I;..; After receipt of notice that an EIR is required,
the applicant sliall submit in the form of a dra~t EIR containi.ng the
information described in 14 California Adminis~rative Code Sections
" 15140 through 15145 and other data and information necessary for
, preparation of the EIR. Ten.~ copies of tihis draft shall be
' submitted to the Pl.anning Depar~ment wtaich shali deli.ver tt~em to
the ERC. The ERC shall determine whether iti will prepare the EIR.
or whether to recommend to the Board of Superv'isors that the County
enter into a contract with eonsultants for preparation of the EIRe
The final determination on svch recommendation sha11 ba made by
the Board o~ Supervisorso In either event the draft submitted
' by the appli.cant and the infcormation contained within it must be
examined by the ERC or the consultant, as appli.cable, to insure
its accuracy and objectiv'ity, and the draft sha7.1 be amended if ,
necessaryo The EIR in its fina~ draft form must reflec~ the
~ independent judgment of the staff or consultanC, as applicable.
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M. The appl.i.cant shall be required to pay the actual.
cost to the County for preparationc£ the EIR. The minimum actua].
cost is hereby determined to be $100,00 and a fee in this amount
. . shall be deposited by the applicant with his draft EIR. If, aftex
receipt of the applicant's draft, the ERC determines that the
cost for prepasation of the EIR wiZ3. exceed the minimt~m fee, it
wi11 notify the applicant of the estimated cost, and he shail be
required to deposit the same witfi the County prior ~o commencement
' of ~he preparation of the ETR by the ERC or consultant provided,
however, that the app].icant may appeal the ERC's estimate o£ cost
to the Board of Supervi.sors. Upon completion of the final EIR
the applicant sha11 be rei~bursed the amount by wliich his deposit
exceeded the actual cost oz be billed for and reqt~ired to pay the
~ ~ amount the actual cost exceeded his deposit. ,
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N. T'he ERC or consuitant, as applicable, shall
consult with and,obtain the comments of any public agency which
has jurisdiction by law with respect to the project and may consult
with any person or agency tcaving special expertise with respect
to any environmenta3~ imgact involved and may consvlt with any
' city or other agency regarding the enYrironmental impact of a project
• within its sphere o£ inf].uence, (A chart of " governmental
agencies with jurisdicti.on and/or expertise with respect to
environmental matters is attached as Appendix F for guidance in
this regard. A chart o£ State Departments with jurisdiction in
areas of environmentaJ. concern is attached as Appendix B to the
State Guidelines for inplementation o£ CEQA.} The comments of such
agencies and persons should be considered in preparation of the
draft EIR, if possible, and sha11 be considered in preparation of
. the ~ina]. EIR. Any such agencies or persons making commen.ts sha11
be provided a copy of the draft EIR when it is completed,
" 0~ Th'e ecsntents of'an EIR shall-be as desexibed in
14 California Administrative Code Sections 15140 through ].5145, -
Each element of an EIR as outlined must be covered, and these
' elements should be separated inta distinct sections.
P'.~ When the draft Eltt is completed, it will be
'fa.7.ed with the Planning Department and a~Fotice of Completion in
the form attached as Appendix G shall be prepared by the P~anning
Depaxtment and copies of it £iled with the Secretary of the
California Resources Agency and the County Clerk and g~:ven or mailed to
the applicant. In addition, a copy of the Notice of Completion
shall be given\~o any per§on making a request tiherefor,
• or mailed ': ~
' Q.. The draft EIR will be made available for public
review and anq person may obtain a copy'of it by paying a fee of
$1.00 for the first page and $.56 for each additional: page.
• R. A hearing on the dra~t EIR sha11 b e held by the
Planning Commissio^ at the same time that the application for the
project in qt~estion is heard, or, if the matter does noti involve
` a px'oject for rrhich an appli.cation is pending before the Planning
Commissi.on, the hearing on the draft EIR shall. be held at a time
set by the Planning Department, whi.ch time shall be not less
than 15 days after filing of the draft E3R.
S. At the hearir~ on the draft EIR, the Planning
~ Commission shall consider the su££iciency of the EIR in discussing
possible impacts upon the environment, wa3~s in which adverse e£~ects
might be minimized, and alternatives to the project, in light of
the intent of tihe California Environmental Quality Act Co provide
decis on-makers with useful znformation about such factors. Any
person may commen~ verbally or in writing at the hearing regarding
the.sufficiency of the draft EIR. A copy or summary of s~ch
. comments and comments from other agencies or persons with jurisdiction
and/or expertise (see 5ectinn N above) shall be attached to the
. final EIR. ~
T... The ERC or consultant, as applicable, shall
respond to such comments received pursuant to 5ections N and S
above by preparing an attachment to the draft EIRa The attach~uent
_ shall describe the disposition of significant enyironmental issues
raised (e.g., xevisions to the proposed project to mitigate ~
anticipated impacts or objections). Major issues raised 'when
approval of the project would be at variance with recommendations
and objections raised in such comments must be addressed in
detail in the attachment, which should give reasons why specific
comments and suggestions were not accepted and list factors of
" ovex'z'iding importance warranting an overxide of these suggestions.
Notwithstanding the above provisions, if ail such comments or
' suggestions are adequa~ely dealt with in the draft EIR, the
~: attachment may simply so state artd identify the applicable sections
, of the draft EIR. T~ie final EIR shall consist of the draft ~TR,
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a copy or summary of comments received pursuant ~o sections N and
5 above and the Planning Commission's attachment.
U. T[ze determination by the Planning Commission with
respect to adoption of the ~inal EIR shail be final unless appealed
- to the Board of Supervisoxs within ten days, in which case the
Board o~ Supervisors will hold a hearing on the mattex and make
a final determination. Notice of such hearing sha11 be prepared
by the C1erk of the Board and given or mailed to the applicant,
the appellant and any other person requesting a copy, not less than
~ ~^ days prior to the hearing.
pp The final EIR shall be considered by the County
departiment, Planning Commission or Board o~ Supervisors havin$
jurisdiction over the application in question in making the
decision to approve or disapprove the project.
~. After a decision is made on the pro~ect, the
agency making the decision shall prepare a Notice of Determination
in the ~orm attached as Appendix E an~ file it with the Cot~ity
Clerk and Planning Department.
~6. COUNTY PROJECTS' ENVIRONMEL•iTAL REVIEW PROCEDURES.
When the CounCy of ButtE, oz any department ttxereof, as
the lead agency, contemplates any activity resulting in physical
impact on the environment, incl~ding but not limited to Public
Works cons~ruction and related activities, clearing or grading of
land, improvements to existing pv.blic:= structures, enactment and
.amendment of zoning ordinances initiated by the Plahning Commission
or the Board of Supervisors, and the amendment of the Butte County
~ General P1an or ~lements thereof, the foll.owirg proc.edures shall.
be followed: The degartment which contemplates the activity
- shall (reques~ the ERC to) determine whether the activitv
quaiifies for a categorical exemption listed on attached Appendix
~B or in 14 Caiifornia Administrative Code Sections 15101 ~hrough
15112. If the aetivity is eategorically exempt, no enviro nmental
impact reporti (EI1~ is required and regular processing o£ plans
for the activity may continue wi.thout further environmental. review
pursuant to these procedureso If ~he activity is not categorically
exempt, the degartment shall forward its pJ.ans and specificati.ons
to the Environtnental Review Committee. Upon receipt of the plans
and specifications for the project, the ERC shall conduct an initial
study to determine i€ the project may have a significant effect
on the enviranment, 'Ihe environmental review process £rom that
point on, including determinations and filing of aatices, will
be conducted, as near~y as possible, in the same manner as specified
above in the procedures for private projects, with the department .
proposing to carry out the project being treated as the "applicant".
Provided, however, ~hat no fees shall be-reqv.ired of the "applicant"
department; In cases where an EIR is required, the Eoard of
Supervisvrs will make the final decision of whether or not to
approve the project. • -
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Appendix A
£NVIROI~MENfAL IMPACT REPORT (EIR) PROCESS ,
. Flow Chert for Private Projects
pp cat on or pro ect
approval £iled w3th .
Couttt de artment ~
Department detexmines o IR ~
if pro~ect m~nisterial ~inisteria re ired
- or discretioctar~
Discret~onary
partment etermines
if project categorically _Categorical7.y
exem t. Exempt
I~ot categ rically ~ ~
exem t
Envizonmenta Review eg, ec. No protest
Comm3ttee (ERC) WiZl not havc filed; hear- or neg, dec.
determines if project ---significant ~ng held if -a~£md, afteri
will not have effect roYesC filed hearing
sigai£ieant effect I
on environment
otest filed and ~
Mey have sig- neg, dec. over-
ni£icant ~ Eect ruled after hearing
pp icant su mits ra t
EIR in£ormatLon to
Plannin Ae artment
prepares ra t
EIR and files with
Plannfn De artment
P anning ~epartmeni
prepares Notice of
Completion and files -
with Seeretary of
Resource A¢ency and
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_ ~ AT'PEN-IX B
MiNISTERIAL ACTI~7ITTE5 AND CATEGORICAL EXEMPTIONS
MIVISTERIAL PROJECTS, Ministerial~projects do not require
the preparatio-' n~Environmental Zmpact Reports. The follovring
projects have been determined by the Board of Supervisors to be
mini.sterial projects, based upon an analysis of County ordinances
and procedures:
I, Issuance of building, plumbing~ mechanica7. and electrxcal
permits.
2, Approval of £inal subdivision and parcel maps, and
recards o£ survey, ,
3. Appro~tral of individual utility service connections and
disconnections.
4, Issuance of retail food market permits.
~ 5. Issuance of highway transportation permits.
CATEGORICAL EXEMPTIONS. Certain classes o£ discretionary
projects`1'ave een etermined by the Secretary of the Resources
Agency not to have a signi,ficant effeet on the envi~'onment,
These cl.asses are exempt fxom the requa.rement for pseparation of
Environmental. Zmpact Reportso As applicable under Butte County
ordinances and procedures the categorical exemptions are as £ollaws:
Class l. Existin~ Facilities, Operation, repair, maintenance
or minor aI terati-on o~ existing public or private structures, facilities,
mechanical equip ment, or topographical features, involving negligible
or no expansion of use beyond that pxeviously existing, inclnding
but not limited to:
(a) Interior or exterior alteration of County facilities
involving such tha.ngs as interior partitions, plumbi.ng, and electxical
conveyances;
(b) ~isting fscilities of both investor, and publicly
owned utilities used to convey or distribute electric power, natural
gas, sewage, e~c,;
(c) Existing highways and streets (within already
established rights-of-way) sidewalks, gutters, bicycle and
pedestxian trails, and similar faci.Iities such as drainage easements
and channels. (For purposes of thfs section removal of dead or
hazardous trees from such facilities shall be considered to be
repair and maintenance);
(d) Restaration, or rehabilitation ot deterioxated or
damaged County structures, facflities or mechana.cal ec~ua.pment to
meet current standards of public health and safety, unless it is
detetmined that .the damage was substantial and resulted from an
ersvironmental hazard such as earthquake, landsiide or fl.ood;
(e) Additions to existing County structures prov'ided
that the addition will not result i.n an increase of more than 50
percent of the floor area of the structure before the addition or
alteration, or 2,500 square feet, whichever is less;
(f) Additfon of safety or health protection devioes
for use during construction of or in conjunction with existing
structures, facilities or mechanical equipment, or topographical
features (inclnding navigational de'~rices) where these devices do
not have or result in an adverse environmental impact;
2.
(g) New copy of existing on and off-premise signs;
(h) Maintenance of existing kandscaping, native grot~th
and water supply reservoirs (excluding the use of economic poisons,
as defined in Divisian 7, Chapter 2, California Agricultural Code);
(i) Maintenance of fish screens, fish Iadders, wildlife
habitat areas, artificial w~ldlife waterway devices, stream flows,
springs and materholes, and stream channels (c~earzng of debris) to
protect fish and wildlife resources.
(j) Fish stocking by the Butte County Fish and Game
Commission,
(k) Division of existing multiple family rentaZ units '
into condominiums.
(1) Dertiolition and removal of County buildings and related
struetures except where th~y are of historical, archaeological ar
architectural consequence as officially designated by Federal, State
or County action,
(m) Operation, repair, maintenance or minor alteration of
sewage treatment and refuse disposaZ £acilities.
Class 2. Re lacement or Reconstructione Class 2 consists of
. replacement or reconstruction o existing structures and facili•ties
where the new structure will be located on rhe same site as the
structure replaced and will have substantial.J.y the same purpose and
capacity as the structure replaced, including bv.~t not limited to:
(a) Replacement or reconstruction of existing schools
and hospitals to provide earthquake resistant structures which do
not increase capacity more than 50%.
(b) Replacement of a County structure with.a new structure
of substantially the same size and purpose.
~ Class 3. New Construction o€ Small Structures. Construction
and location of sing e, new acz ities or stractures and installation
of new equipment and facilities including but not limited to:
(d) Water ~¢ain, sewage~ electrical~ gas and other uti7.i.ty
extensions of reasonable length to serve such construction,
((f) Septic tank syste~ns for such facilities or structures
so long as the estimated sewage flow from any such facilities or
structures on any one ~ rce3. of land does not exceed 1,200 gallons
per day and there are no more than 4 dwelling units 3.ocated on said
parcel.
((g) Trailer living permits.)
Class ~+. Minor Alteratians to Land. Alterations in the condition
of 1and, water an or vegitation, inc u ing but not ].imited to:
(a) Grading on land with a slope of less than LO percent,
except where it is to be located in a waterway, in any wetland,
in any officiaLiy designated (by Fedaral, State or locai ~overnme"~t
action) scenic area, or in officially mapped areas of severe '
~ geologic hazard.
(b) New gardening or landscaping but not ~ricluding tree
removal.
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3.
(c) Filling of earth intio previously excavated land with
material compatible with tihe natural fea~~res of the si~e
(d) Minor alterations in land, water and vege~ation on
existing official~y designated wildlifa management areas of fish
production facilities which result in improvement of habitat for
fish and wildlife resources or greater fish production;
(e) Minor temporary uses of iand having negZigible or
no permanent e~£ects on the environment, includ~ng carnivals, sales
of Christmas trees , etc.
(f) Continuation of mining or aggregate extraction within an
existing and clearly defined site. ,
Class 5, Alterations in Land Use Limita~ions. Minor alteration
in ian~c use3imitations~ except zoning, inc u ing but not limited
to:
(a) Minor lot line adjustments, side yard and set back
variances not resurting in the c~eation of any new parcel nor in
any change in land use or density;
(b) Issuance of minor encroachmen~ permits;
((c) Abandonment of public utility or road easements and
rights-of-way,)
Class 6, Information Col~ection. C1ass 6 consists of basic
data co ection, researc , experimentaL management and resource
evaluation actiivi~ies which do not result in a serious or major
disturbance to an envirorunental resource. These maq be for strictly
information gathering purposes, or as parti of a study leading ~o
an action which a public agency has not yet approved, adopted or
funded.
Class 7. Re ulator Actions for Protection o£ Natural Resources.
Class consists o actions ta en y regu atory agencies, as
authorized by state law or local ordinance, to assure the maintenance,
restoration, or enhancelnent o£ a naturaL resource, including but not
limi.ted to wildlife preservation. .
Class 8. Re ulator Actzpns for the Protection of the Etavironment.
Class consists o actions ta en y regu atory agencies, as aut orize
by state Law or local ordinance, to assure the maintenance, restaration,
enhancement, or proLection of the environment.
Class 9. Inspections, C1ass 9 consists of activities limited
entireTy't'o inspection, to check for performance of an operation, or
quality, health or sa£ety o£ a project, inciuding related activities
such as ins~ection for possible mislabeling, misrepresentation or
adulteration of products.
Class ll. Accessor Structures. Construction or placement of
minor structures accessory to appurtenant to) existing commercial,
industrial, or institutional facilities, including but not ~imited
to:
(a) On px'emise signs,
(b) Small parking lots.
'y
Ciass 12. Sur lus Count Pro ert Sales, Class 12 consists
of sa es o surp us County property except or parcels of land.
. 4.
NOTE: Classes 3,.1~, 5 and 11 above are qualified by considerations
of where the project is to be Zocated -- a project that is
ordinari].y i.nsignifican~ in its impact on the environment may in
a particularly sensitive environmenr be significant. Therefore,_
these classes are considered to apply in a7.1 instances, EKCEPT
where the projeet may impact on an environmenta~ resource, or
~ hazard o£ critical concern as may be"hereaft~r designaC'ed, p~~ecisely
_ ma~d, and officially adopted pursuant to law. Moreover, all
exemptions £or these classes are inapplicable wi~en the cumuTatiive
. impact of successive projects of the same type in the same place,
over time is significanL --~or example, repeated issuance of
.petmits for septic tank systems on the watersheds of streams, lakes,
domestic water reservoirs, etc. ~ ~
~ Discretiona~ Projects. Discretionary projects, other than
t.~xose within the categorical exemptions listed above, may require
` ~nvironmental Impact Repor•ts. Discretionary projects which may
~ require Environmental Impact Reports include but are not limited
~ : to the folloFring: Fnactment and amendment of zona.ng ordinances,
issuance of zoning variances, issuance ofi conditional use perMits
.• and the approval of tentative subdivision and parcei maps. ~
APPEi~IDIX C
TERMINATION RE SIGNIFICANT' EF'~' ' dN ENVIRONMENT
pp icant s name an a ress ype o project acation or parce Date
Receivec
An environmental impact report is required for any project which ~aay
have a signi~icant ef€ect (substantial adverse impact) on the environment,
Effects include environmental consequences of both primary and
secondary nature.
The following questions shall be used as guidelines to deeide whether
to make a negative declaration or an environr~ental impact reporto
(If answer is unknown, write "unknown" in yes/no column.)
CHECKLIST Yes , No
1. Cou1d the project significantly change present uses of
~he ,project area? (-See Notes, )
2a Tbes the project signifzcant].y con~lict with the Butte
County General Plan or any elemenfi thereof?
3. Could the project affect the use of a recreational
area? (See Notes,)
4o Could the projecti have a substantial and demonstrable
negaCive effect on an area or :Eea~.ure of aesthetic valuel
5, Wi~.l any natural or man-made features in the project
~ area which are unique, that is, not found in other parts
of the County, State or Nation, be affected? (See Notes,)
6. Will the project invalve construction of facilities on
a slope of 25 pErcent or greaterl
7, Will the project involve significant cuts or fills?
, 8, Could the project cause substantial floodis~g,
erosion or siltation?
9, Wi3.I the project invol.ve canstruction of facilities -
in an area of geoLogic hazards?
~ 10, Could the project change existing features or invol.ve
construction in special build~.ng pexmit areas along
the Sacramento River, the Feather River Floodway, in
any area subject to inundati.on, in an area in close
proximity to any river, stzeam, 1ake, reservoir or
natural drainage channel?
il. Is tlze project one of a series of cumulative actions,
which al~.hough individually small, may as a whole
have significant environmental impact?
12o Could the project breach any published national,
state or local standards relating to solid waste or
litter control?
-'~r
13, boes the project area or the projecC site serve as a
habitat, food source, nesting place, .source of
water, etc, for rare or endangered wildiife or fish
species?
14. Could the project significantly affect fish, wildlife,
or plant life or cause substantial interference wittt
the movement of any resident or migratory fish or
wildlife species?
15, Are tri~.:a any rare or endangered plant :_,.,;ecies in
the project area? ~
16. Will the project remove subs~antial amoutits of
vegetation including ground cover?
17. Could the pro~ect change existing features of any
of the region~s watercourses or other bodies of
water?
18. Could the project resul~ in significant change in
the hydrology of the area? (See Notes,)
19. Could the project significantly aftect the functioning
o€ an established community? (See Notes.)
20. Could the project physically or eeonomically result
in the displacement of community residents?
21, Could the project sign'ificantly affect an historical or
archaelogical site or its setting? (5ee Nates.)
22, Could the praject serve to encourage development
of presently undeveloped areas or intensify development
o£ already developed areas? (See Noteso)
23o Are you aware of a substantial body of opinion
(present or anticipated) that considers (or will
consider) the praject or its effects to be
sdverse ~a the environment?
2~+, Wi11 the project create new or aggravate existing
health hazards?
25o Will the project itxvolv'e the application, use or
disposal of potentially hazardous ~ateria~s
ih an amount sufficient to cause a substantial
adverse effect?
26. Could the project generate signi£icant amounts of
dust, smoke, gas, odors or other air pollutants?
27. Could the project generate significant noise? -
28, Coul.d the project cause contamination o~ a pub].ic
water supply systea~ or adversely a~~ect ground water?
29. Could the project signi£icaxitly affect the potential
use, extraction, or conservation o£ a natuxal
resource?
30. Could the project result in damage to soil capability
or loss of agricultural land?
31, Adda.tzonal remarks: •
-'°~
NOTES TO CHECK LIST QU. IONS
l. Could the pro~ect signi~icantly change preseat uses of the project area?
The project area incl~des the immediate location of the project as well
as more remote areas that may be directly or indirect~y affected by
construction and/or operation of the project, Change on project site
only does not require yes.
3. Could the project a£fec~ the use of a recreational area4
Examples o£ recreational areas include existiing or proposed public
parks, campgrounds, boat launching faciliCies, trails, scenic areas,
and natural landmarks.
5. WiL~ anv natural or man-mad
tures in the project area which a
~er parts of the County, State.or
Unique features include those areas, structures, biological phenomena,
etc, that exhibit distinguishing characteristxcs not found in ot~er
areas, or only in a small number of other axeas. Such featnres can
be either good or bad for human hea~th, safety, com€ort, or convenience,
18. Could the project result in significant change in the hYdrolo~y of Che
area? " -
Exarnples i.nclude but are not limited to alterations or relocations of
drainage channels, watershed lands, waCer storage, surface run-off,
turbidity and sedfinent loads.
19o Could tihe project affect the functi.ona.n~ of an established community?
Eacamples include but are not 1£[nited to: .
Changes in traffic ~atterns.
Effects on access withi.n the community to commercial establishments,
schools, parks, etc.
Introduction of activities not preseretly found within the comEttunzty.
Significant increases in demand for community services such as streets
and highways, schools, fire, and poJ.i.ce protection, sewers, water,
vector control (i.e., control of in.sec~s, rodents, etc.).
21. Cou7.d the ~roject significantly affect an historical or archaeological
site oir its setting? . ~ -~
The setCing o£ such sites includes surrounding areas, the nature of
which are important to the understandir~ and enjoyment of the site itself.
22. Could the project serve to encourage d~evelo ment of presently undeveloped
areas or intensi~~y`deve7~opinent of already develop~as
Examples include the introduction of facilities such as streets, roads,
water mains or sewerage lines in suci~ a manner a5 to facilitate
development or intensification of the use of an area.
25. Will the project involve_the application, use, or disposal of potentially
hazardous mat~?
Examples include but are not limited to pesticides, herbici.des-,"toxic
substances, explosive, corrosives and radioactive wasteso
29. Could tfie project significantly affect the potential use, extraction,
or conservation o a~1 resource.
Examples incl~de, but are not Iimited to:
Timber and watershed use artd conservation.
Developments which effectively precl.ude the extraction of the reg9.on's
rock, sand, graveJ., or other mineral resources.
Uses which effectively preclude the multiple use of regional natural
resources in scarce supply.
Activi.ties which tend to d4minish the supply or availability of
. regional natural resources that are in scarce supply.
FINDINGS
Yes No
Does
1, /the project have the potential to degrade the quality of the
environment or curtail the range of the environment (narrow
the range of beneficial uses of the environment)?
2o Will the project cause i~pacts which achieve short-term,
to the disadvantage of long-term, environmental goals>
A short-term impact on the environment is one which occurs ,'
in a relatively brief, de£xnitive period of time while
1ong-term impacts will end~re well "into -tihe fd~ure?
3. Could the project cause impacts whxch are individually
lxmited, but cumulatively considerable? A project
may impact on two or more separate resouxces wl3ere the
impact on each 'resource is relatively small. If the
effect of the totai of those impacts on the environment
is significant, an EIR must be prepareda This ffnding
does not apply to two or more separate projec~s where
the imgact of each is insignificant.
4< Could the environmental e€fects of the projec~ cause
' substantzal~adverse e€fects on human beings, either
directly or indirectly:
~OTE: If any o~ the above four findings:questions are
~ answered'j*~s", the project wrill be found to have a
significant effect on the envi.ronment.
Determination. This project will not have a significant
e£fect on the environment. A Negative Declarati.on shouZd be preparedo
This project cotsld have a significant effect on the envimnmEnt.
An. EIR is required.
Dated:
ENVZRONi1FNTAL REV'1EW COMMITTEE
By .
APPENbIX D
NEGATIV~ DECLARATI0~7 EZEGARDING ENVIRONMENTAL IMPACT
lo NOTICE IS HER~BY GNEN tha~ the Environmentai Review Committee
' of the County of Butte tzas reviewed the project descxibed
below pursuanti ro the provisions of the Ca].iEom ia Environmental
Quality Act of 1970 (Public Resources Code Sections 21t~00,
et seq.), and determin~d that it will not have a significant
,,
effecti upon the.environment. An envi.ronmental impact report ~
wi11 not be required.
~ 2o DESCRIPTION OF PROJ~CT: (Type, lacation, size) "
3. NAME AND ADDP.ESS OF PROJECT APPLICANT:
. • 4. A copy o£ the Environmental Review Commi.ttee's determination
regarding the enviror~mental effect of this project is
available for public inspecti.on at the Butte Caunty Planning
Department, 7 County Center Drive, Oroville, California. .
Copies thereof wi11 be pxovided to any person upon payment by
hi~a of a fee of
5. Any person wishing to contest this Negative DecTaration may
file a written protest speci.fying the reasons thereforo
5uch written protest shall be filed with the Butte County
P}.anning Commission at the Planning Department offi.ce within
• with the County Cle3ic
" eigt~t days from the date thzs Negative Declaratian was filecY.
If a written protest is timely filed, a hearing regarding the
- Negative Declaration wi.I1 be held by the Planning Commission.
- -~,
. pbjections may be presented either orally or in writing at
, the hearingo ~
6. If no written protest is timely filed regarding this Negative
~, . Declaration, the applicatiori for the project may ke appz~oved
without hearing regarding the Negati.ve Declarati~on.
DATE:
' , E;NVTRONMENTAL REVIEW COMMITTEE
. By ,
.
___. .. _ _ _ . . __ _,_.__. .
~. ~` ~ NOTTCE OF DETERMZNATION APPENDIX E
~ " ivOTICE Ti5 HEREBY GIVEN pursuant to the requirements of the
California Environmental Act of 1970 that the County of Butte
has taken the actions and made the: • deteun inati.ons set out below
' with respect Co the following described proj ect: •
~ Description of Projecr (type, location, size)
~ ~ .
~ • Name and Address of Project Appli.cant~ ~
. 1. It was determined that this project wi~.l not
have a significant effect~on the environment and a Negative
Declara~ion was filed.. The ~inal determination on the Negative
, - Declaration was made by the (Environmesital Revi.ew Cotnmittee)
~ (Planning Commission) (Boazd of Supervisox-s) on '
No ~nvironmental Impact Report z,ras required. ;
Tt was determined that this project could have
a significant eftect on fhe environment and that an Environmential
, impact Report was required. 1h e final determinatiort requiring ';
the Fmvironmental Imgact Report was made by the (Environmental '
` ~, Review Committee) (Planning Commission) ~Board~of Supervisors) nn
~.. 2. An Environmental Impact Report tor this
project was prepared pursuant to the provisions of tihe~California ~
• EnvironEnental~Quality Act of ~970. •The final Environmental
- Impact Report was adopted by the.(Planning Commission.) ;{Board' ~
of Supervi.sors) on =
3. It was determined a£ter consideration of Ethe final~
Envi.ronmental Impact Report and) the appJ.zcation for this project '`
:, to (approve) (disapprove) the project, The final dec3.sion to
'' (approve) ~disapprove) was made by tfie ( Depax'tment)
(Planning Commission) (Board of Supenrisors) on ~
_,_... .. _ . , . .
bATED ~
agency ma ing ecxsion on ''
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.. .. . . . . ' . • ..~ . :_.._.__........`-----
Ilrainage ~istricts
Butte Creek Draina e Distri.et .
lirainage District ~l
Draina~e District ~~2 -
]?rainage District ~k100 ,
Tlrainage District ~k200 -•
Fzre Protection Districts
~.l Medio Fire D~strict .
Paradise Fire Protec~ion District
Trrigation Districts
i}srham Irriga tion Distric~C
drov111e -Wyandotte Irrigation District
Paradi.se Irrigation Distric~
Richvale Irrigation District :
• Table Mt. Irrigation District
Thermalito Trriga~ion District -
Mosquito Abate~nent B~stric~
. Butte County Mosquito Abatement District
Durhatn Mosquitv Abatement District • .
Oroville Mosqui~to Abatement District
Reclamation Districts '
Reclamation District ~~833
Recreation and Parri Districts
Chico Area Recreation and Par~c District
~ Ixzrham Recreation and Park District
Feather River Recreation and Park District
Paradise Recreati.on and Parlc District .~
Richvale Recreativxz and Park District
- Sanitary Districts ,
Richvale Sanitary District ~
Water bistric~s `
~ $iggs-West Gridley Water District
B~tte Water District
Magalia County Water District
f .
- -~,
--_. -- ___ _ _.W... ......_._ _ _ _ _ _ _ _ _ ___ _._ _.. ~ ~ -- -
~ . APPendix G
+ : ~ ..
~ N~~TCE 0~ COAZPIETION ~..
- ~ (of Draft Environmental Impact Report)
~ . .
. . . ,~
. espons b e gency ~ Department _
,' County o£ But~e , . ~ '
ro ec ~ E ,
Address . 'Y ounty
on ac erson - rea oa.e one .
J~ 1 1 1 . i j ~. r.i 1_ ~:.~