HomeMy WebLinkAbout87-251BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CAL,tFQRNIA
Resolufion 1110. 87-251
RESOLUTION ESTABLISHING POLICIES, PROCEDURES AND' STANDARDS FOR THE
PARADISE RESERVOIR, MAGALIA RESERVOIR, AND FIRHAVEN CREEK WATERSHEDS
PURSUANT TO CHAPTER 240 OF THE BUTTE COUNTY CODE.
WHEREAS, on January 31, 1984, the Board of Supervisors
appointed the Paradise Area Task Force on Wastewater Management for the
purpose of studying the effect of Upper Ridge wastewater on the
integrity of ground water above and in the Town of Paradise; and
WHEREAS, the Task Force determined that topography and
geology eliminated concern for contamination of surface and ground
waters within the Town of paradise from sewage disposal in the Upper
Paradise Ridge area; and
WHEREAS, the Task Force subsequently studied the cumulative
effects of wastewater disposal in the Upper Ridge Area and particularly
upon the Paradise Irrigation District Reservoirs and their watersheds;
and
WHEREAS, the Paradise Area Task Force on Wastewater
Management fees that although a point of harmful degradation of surface
or ground water has not yet been reached, the citizens of the area
would prefer to plan ahead to extend the life of the present method of
sewage disposal of septic tanks and leachfields and delay or perhaps
eliminate the considerable fund expenditure of a public sewer
collection, treatment and disposal system; and
WHEREAS, The Paradise Area Task Force on Wastewater
Management firmly believes that preventive action is far better than
corrective action, and that with the implementation of the specific
policies, procedures and standards for the Firhaven Creek, Paradise and
Magalia Reservoir Watershed attached hereto as Attachment A, that the
possibility of ground or surface water contamination would be greatly
reduced; and
WHEREAS, the Butte County Planning Commission in accordance
with the provisions of Chapter 24 of the Butte County Code has
considered and does recommend the formation of a Watershed Protection
Zone and the adoption of the policies, procedures and standards shown
in Attachment A for the Firhaven Creek, Paradise and Magalia Reservoir
Watersheds; and
WHEREAS, the formation of a Watershed Protection Zone and the
establishment of policies, procedures and standards £or the Firhaven
Creek, Paradise and Magalia Reservoir Watersheds have been studied and
reviewed by the Butte County Board of Supervisors and a public hearing
held pursuant to law at which all interested persons were heard; and
WHEREAS, the establishment of the policies, procedures and
standards attached hereto as Attachment A is necessary to protect the
County's surface and ground water supplies and to reduce further
government costs by preserving public water supplies.
NOW, THEREFORE, BE IT RESOLVED that the policies, procedures
and standards for the Firhaven Creek, Paradise Reservoir, and Magalia
Reservoir Watersheds as set forth in Attachment A, attached hereto, are
hereby adopted for all that land described in Exhibit A, attached
hereto.
PASSED AND ADOPTED by the Butte County Board of Supervisors
on the 6th day of October , 1987, by the following vote:
AYES: Fulton, Mcinturf, McLaughlin, Vercruse and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None n C~ n
~..L v.z.., .,
Butte County Board of Supervisors
ATTEST: MARTIN J. NICE-TOES Chief AYknanisi:fative
Officer and Clerk of the Board
By
ATTACHMENT A
POLICIES, PROCEDURES AND STANDARDS FOR THE
FIRHAVEN CREEK, PARADISE RESERVOIR AND
MAGALIA RESERVOIR WATERSHEDS
A. n Us
1. That a Watershed Protection Zone shall be overlaid onto the
Magalia Reservoir, Paradise Reservoir and Firhaven Creek
Watersheds.
2. Current lot ar parcel sizes in the Firhaven Creek Watershed
shall be stringently maintained. No further division of lots
or parcels shall be permitted.
3. Current zoning shall be maintained within the Magalia
Reservoir, Paradise Reservoir and Firhaven Creek Watershed
other than to allow the consideration of zoning proposals to
a larger minimum parcel size.
4. No change in zoning shall be made and no use permit shall be
issued unless and until the individual and cumulative impact
of additional sewage disposal and surface water runoff
created by new development which such zone change or use
permit might allow can be proven to the approving authority
by the applicantts) to have no adverse effects upon the water
quality of the watersheds.
B. wa o al
i. A 100-foot sewage disposal setback from a perennial stream, a
50-foot setback from an ephemeral stream or drainageway, and
a 2011-foot setback from r~ lake or reservoir shall be strictly
enforced for all lots or parcels within the Firhaven Creek,
Paradise Reservoir and Magalia Reservoir Watersheds
regardless of the date the lot or parcel was created.
2. Appendix ViI of the Butte County Improvements Standards far
Subdivisions and Parcel Maps and Site Improvements pursuant
to Chapter 20 of the Butte County Code which now applies only
to single-family residential lots or parcels created after
April 4, 1974, shall also apply to all other development,
including multi-family residential, commercial, and
industrial, on all lets or parcels regard]ess of date of
creation.
The gallonage of sewage application shall be pro-rated in
proportion to the" usab]e area of the let or parcel as
determined in accordance with Appendix VII, using the Table 1
va]ue of 350 gallons/day area requirement.
{
a. A variance may be granted only on an existing lot nr
parcel when special circumstances are applicable to the
property involving the soil characteristics, topography,
or surrounding property characteristics. Variances may
be granted only to the usable area requirements of
Appendix VII, Table 1 Cumulative effects within the
hydrologic basin shall be considered prior to issuance
of any variance. In na event shal] a variance be
granted that would provide less usable area than the
requirements of Butte County Code, Chapter 19, Sectian
19-12.
b. An application far a variance shall be made in writing
on a form prescribed by the Health Department. Upon
receipt of the application, the Health Officer together
with the Manager of the Paradise Irrigation District,
and the Chairman of the Water Committee of the Upper
Ridge Coordinating Council, shall make an investigation
to determine whether a variance should be granted. At
the conclusion of the investigation, the Director of
Environmental Health shall prepare a written order
granting or denying the variance, and shall include in
such written order specific findings of fact and reasons
for its granting or denial.
c. if the Environmental Health Division
Department denies the application fog
applicant may file an appeal with the
Water Quality Control Board within ten
denial. The decision by the State
Quality Control Board shall be final.
of the Health
variance, the
State Regional
t 1 0) days after
Regional Water
Exhibit A
A1~. cif the larid ~aaEarided by the fai.lawiri+~ descr shed l ir-e ;
Beginning at the NE corner of Section 26 T24N R3E MDB and M; thence
westerly along the north line of Section 26 to the centerline of
Powellton Road; thence southerly along the centerline of powellton
Road to its intersection with the north line of section 2 T23N R3E MDB
and M; thence westerly along the north line of Section 2 to the NE
corner of Section 3 T23N R3E MDB and M; thence southerly along the
east line of section 3 to the NW corner of Section 11 T23N R3E MDB and
M; thence southerly along the west line of Section 11 to the SW corner
of the NW quarter of the NW quarter of Section 11; thence westerly to
the NW corner of the 5E quarter of the NW quarter of Section 11;
thence S 00° 29' 00" E a distance of 3.347.09 ft.; thence S 00° 06' 48"
W a distance of 297.71 ft.; thence N 89° 55' 39" E a distance of
1316.02 ft. to the centerline of the Skyway as recorded in Baak 42, of
Parcel Maps at page 37, an file in the office of the Butte County
Recorder; thence southerly along the centerline of the Skyway to the
westerly extension of the south line of lot 2 as recorded in Book 50,
of Parcel Maps at page 16, on file in the affice of the Butte County
Recorder; thence N 89° 03' 47" E to the centerline of Hupp Mill. Road
as recorded in Book 50, of Parcel Maps at page 3.6, an file in the
office of the Butte County Recorder; thence southerly along the
centerline of Hupp Mill Road to the westerly extension of the
centerline of Heritage Wood Lane as recorded in Book 39, Record of
Survey at page 85, on file in the affice of the Butte Caunty Recorder;
thence N 89° 26' S1" E a distance of 2047.42 ft. as recorded in Book
39, Record of Survey at page 85, and in Book 57, of Parcel Maps at
page 63, an file in the affice of the Butte County Recorder; thence S
02° 94' 45" E a distance of 1316.91 ft. along the east line of Section
11 T23N R3E MDB and M to the SE corner of said section; thence along
the north line of Section 13 T23N R3E MDB and M a distance of 704.21
ft. to the centerline of Trails End Road; thence southerly along the
centerline of Trails End Road a distance of 436.31 ft.; thence N 87°
37' 17" E a distance of 694.12 ft.as recorded in Book 44, of Parcel
Maps at page 7, an file in the office of the Butte County Recorder;
thence southerly along the east Line of the west half of the west half
of Section 13 T23N R3E MDB and M to the centerline of Imperial Way;
thence easterly along the centerline of Imperial Way a distance of
495.60 ft.; thence S 00° 04' 08" E a distance of 2481.82 ft. to the
centerline of Rosewood Drive as recorded in Sierra Del Oro Estates,
Unit No. 2 Book 34, of Parcel Maps at page 28 - 29, on file in the
affice of the Butte County Recorder; thence westerly along the
centerline of Rosewood Drive to the centerline of Woad Drive; thence
southerly along the centerline of Waod Drive to the centerline of
Elmwood Drive; thence westerly along the centerline of Elmwood Drive a
distance of 693.16 ft.; thence S 00° 17' S7" E to the centerline of
Perry Road as shown in Fir Haven Subdivision, recorded in Map Book 27,
at page 8 -- 10, on file in the affice of the Butte County Recorder;
thence S 00° 04' 0$" E a distance of 1079.28 ft. as shown in Fir Haven
Subdivision, recorded in Map Book 27, at page 8 - 10, an file in the
office of the Butte County Recorder; thence S $9° 55' S2" W a distance
of 239.63 ft. to the centerline of the Skyway as recorded in Book 89,
of Parcel Maps at page 4, on file in the office of the Hutte Caunty
Recorder; thence southerly along the Centerline of the Skyway to the
centerline of Drexel Drive; thence S 59° 10' 02" E a distance of
-1-
392.40 ft. to the centezpaint of Lakeridge Court culdesac as shown in
Skyway Plaza, recorded in Baok 43, at page 9, on file in the office of
the Butte County Recorder; thence southerly along the centerline of
Lakeridge Court to the centerline of Lakeridge Circle; thence easterly
and southerly following the centerline of Lakeridge Circle to the
westerly extension of the lot line in common to lots 25 and 26 as
shown in Skyway Plaza, recorded in Book 43, of Parcel Maps at pages 8
- 11, on file in the office of the Butte County Recorder; thence 5 62~~
38' 47" E a distance of 447.81 ft. as shown in Skyway Plaza, recorded
in Baak 93, of Parcel Maps at page 8 - 11, an file in the office of
the Butte County Recardez; thence S 83° 04' 23" E a distance of 847.31
ft. to that point where the centerline of the Skyway intersects the
south line of Section 25 T23N R3E MDB and M as shown in Skyway Plaza,
recorded in Bonk 93, of Parcel Maps at page 8 - 11, an file in the
office of the Butte County Recorder; thence easterly along the south
line of Section 25 T23N R3E MDB and M to SE corner of said section;
thence northerly along the east line of said section to the east
quarter corner of said section; thence N 85° 53' 34" W a distance of
886.11 ft. as recorded in Book 42, of Parcel Maps at page 65 on file
in the office of the Butte County Recorder; thence N 01° 11' 02" E a
distance of 279,47 ft. as recorded in Boak 42, of Parcel Maps at page
65, on file in the Butte County Recorder; thence N 20° 22' 11" E a
distance of 1144.02 ft. as retarded in Book 42, of Parcel Maps at page
65, on file in the office of the Butte County Recorder; thence N 09•~
09' 08" E a distance of 211.21 ft. as recorded in Book 93, of Parcel
Maps at page 72, an file in the office of the Butte Caunty Recorder;
thence S $8° 47' 55" E a distance of 197.61 ft. as recorded in Book
93, of Parcel Maps at page 72, on file in the office of the Butte
County Recorder; thence S 60° 33' 02" E a distance of 81.42 ft. as
recorded in Baak 93, of Parcel Maps at page 72, on file in the office
of the Butte County Recorder; thence N 04° 23' 37" W a distance of
492.67 ft. as recorded in Book 93, of Parcel Maps at page 72, on file
in the office of the Butte County Recorder; thence N 09° 52' 30" W a
distance of 320.65 ft. as recorded in Book 93, of Parcel Maps at page
43, on file in the office of the Butte County Recorder; thence N 31°
OS' 32" W a distance of 381.23 ft. to the south line of Section 24
T23N R3E MDB and M as recorded in Book 93, of Parcel Maps at page 43,
on file in the office of the Butte County Recorder; thence easterly to
the SE corner of Section 24 T23N R3E MDB and M; thence easterly along
the south line of Section 19 T23N R4E MDB and M to the Centerline of
Coutolenc Road; thence northerly along the centerline of Coutolenc
Road to the westerly extension of the south line of lot 4 as recorded
in Book 46, of Parcel Maps at page 96, on file in the office of the
Butte County Recorder; thence N 89r 52' 32" E to the SE corner of said
lot 4; thence N O1° 42' S7" W a distance of 269.73 ft. to the
centerpoint of the Alphy's Lane culdesac as recorded in Bonk 46, of
Parcel Maps at page 96, on file in the office of the Butte County
Recorder; thence northerly along the centerline of Alphy's Lane to the
centerline of Coutolenc Raad; thence northerly along the centerline of
Coutolenc Road to the Centerline of Lacretia Road; thence
northwesterly along said centerline to that point where it Crosses the
centerline running north/south of Section 18 T23N R4E MDB and M;
thence nothernly to the center of said Section 18; thence N 88~ 58'
10" E a distance of 168.56 ft. as recorded in Coutolenc Canyon
-2-
Est-ates, ~.1nit i Bc~cl~ lc_r9, cff S~ihdivisicFn Maps at page 29, uzi file in
the office of the Butte County Recorder; thence N 00~=' 22' 21" W a
distance of 1310.1$ ft. as recorded in Coutolenc Canyon Estates, Unit
~. Book 104, of Subdivision Maps at page 29, on file in the office of
the Butte County Recorder; thence N 88° 39' 23" E a distance of
2510.23 ft. to the east line of Section 18 T23N R4E MDB and M as
recorded in Coutolenc Canyon Estates, Unit 1 Book 109, of Subdivision
Maps at page 29, on file in the office of the Butte County Recorder;
thence northerly along the east 1zne of Section 18 T23N R4E MDB and M
to the NE corner of said Section 18; thence westerly along the north
line of Section 18 to the centerline of Coutolenc Road; thence
northerly along the centerline of Coutolenc Road to the centerline of
Doon Grade Road; thence northerly along said centerline of Doon Grade
Road to the centerline of Coutolenc Road; thence northerly along the
centerline of Gautolenc Road to its intersection with Lovelock Road at
the Skyway; thence northerly along the centerline of Lovelock Road to
its intersection with the east line of Section 3f T24N R3E MDB and M;
thence northerly along the east line of Section 36 to the NE corner of
Section 36 T29N R3E MDB and M; thence westerly along the north line of
Section 36 to its intersection with the centerline of Lovelock Road;
thence northerly along the centerline of Lovelock Road to its
intersection with the east line the west half of the west half Section
19 T24N R3E MDB and M; thence northerly along the east Line of the
west half of the west half of said section to the south line of
Section 18 T24N R4E MDB and M; thence northerly along the east line of
the west half of the west half of said Section 18 to the north line of
the SW quarter of the SW quarter of said section; thence westerly
along the north line of the SW quarter of the SW quarter of said
Section 18 to the east line of Section 13 T24N R3E MDa and M; thence
northerly along the east line of Section 13 to the north line of the S
half of the NE quarter of the SE quarter of Section 13 T24N R3E MDB
and M; thence westerly to the NW corner of the S half of the NE
quarter of the SE quarter of said section 13; thence southerly along
the west line of the S half of the NE quarter of the SE quarter of
Section 13 to the north line of the SW quarter of the SE quarter of
Section 13 T24N R3E MDB and M; thence westerly to the NW corner of the
SW quarter of"the 5E quarter of said section; thence southerly along
the north south centerline of said Section 13 to the north line of
Section 24 T24N R3E MDB and M; thence southerly along the west line of
the east half of Section 24 to the centerline of Rowellton Road;
thence southerly along said centerline to the east line of the W half
of the W half of Section 24 T24N R3E MDB and M; thence northerly along
the east line of the W half of the W half of said section to the north
line of the NW quarter of the SW quarter of Section 24, thence
westerly along the north line of the NW quarter of the SW quarter of
Section 24 to the west line of said section; thence southerly along
the west line of Section 23 T24N R3E MDB and M to the SW corner of
Section 24 T23N R3E MDB and M and the point of begining; excepting
therefrorr~:
Commencing at the SE earner of said Section 25 T23N R3E MDB and M;
thence along the south line of said section N $2° 23' 45" W 81.79 ft.
to a point in the centerline of the skyway and the true point of
beginning for the parcel herein described; thence from said true point
-3-
'~
`
~
of beginning along said centerline o£ Skyway N 21." 37' 30" W 111.35
ft., N 36`~ 56' W 633.50 ft. and N 58"~ 23' W 33.19 ft.; thence leaving
said centerline S 1.1~ 41'W 563.65 ft. to a point in the South line S
$2-~ 23' 45" E, 569.1.1 ft. to the point of beginning as recorded in
Butte County Ordinance No. 1492. ~,
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