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HomeMy WebLinkAbout97-175-~.~" ~IUNTY !~' 1~311T~`E, STATE C3F CAL~F"~`JIA t~~'SO~UI`it~Ti 1V 0. 97-175 RESOLUTION AMENDING POLICIES, PROCEDURES AND STANDARDS FOR THE PARADISE RESERVOIR, MAGALIA RESERVOIR, AND FIRHAVEN CREEK WATERSHEDS PURSUANT TO CHAPTER 24 OF THE BUTTE COUNTY CODE WHEREAS, Chapter 24 of the Butte County Code authorizes the adoption of a resolution establishing policies, procedures and standards applicable within the "WP" (Watershed Protection Overlay) Zane; and WHEREAS, the Board of Supervisors of the County of Butte previously adopted Resolution 87- 251, pursuant to Chapter 24 of the Butte County Code, establishing policies, procedures and standards far the Paradise Reservoir, Magalia Reservoir, and Firhaven Creek Watersheds; and WHEREAS, the Planning Commission of the County of Butte held a public hearing commencing on October 9, 1997 and concluding on November 13, 1997 regarding the amendment of such policies, procedures and standards adopted by Resolution 87-251; and WHEREAS, the Planning Commission adapted a motion on November 13, 1997 recommending that the Board of Supervisors amend said policies, procedures and standards to read as set forth in Attachment A, attached hereto; and WHEREAS, the Planning Commission has recommended that the amendment of said policies, procedures, and standards be determined to be categorically exempt pursuant to the California Environmental Quality Act; and Page 1 WHEREAS, the Board of Supervisors, after due notice has held a public hearing on December 2'~, 1 gg~ ~ pertaining to the amendment of the policies, procedures and standards for the Paradise Reservoir, Magalia Reservoir, and Firhaven Creek Watersheds and wishes to amend said policies, procedures and standards as recommended by the Planning Commission. NOW. THEREFORE; BE IT RESOLVED, that. 1 The Butte County Baard of Supervisors has reviewed and considered the contents of the project and finds that ~t as Categorically Exempt Class 8 in accordance with Section 153Q8 of the California Env9ronrr!ental 6~uality Act. 2. The policies, procedures and standards for the Paradise Reservoir, Magalia Reservoir and Firhaven Creek Watersheds shall be and are hereby amended, pursuant to Section 24-235 of the Butte County Code,. to read as set forth in Attachment A, attached hereto; applicable to all that land described in Exhibit A as attached to Resolution 87-251. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, ~~~ the 23rd day Of December, 1.997, by the following votes.. ~.~ES: Supervisors Beeler, Dolan, Houx, Chair Davis NOES; None ABSENT.. Supervisor .Tosiassen NOT `\IOTINC'z: None Fred C. D/avis, Chair Butte County Board of Supervisors ATTESTED' .94HN BLACKLOCK Chief Administrative Officer and the Clerk of the Board Page '? ATTACHMENT A APPENDIX IF Policies, Procedures and Standards for the 1=irhaven Creek, Paradise reservoir and Magalia reservoir tJVatersheds ~,. Viand Ilse That a Watershed Protection Zone shall be overlaid onto the Magalia Reservoir, Paradise Reservoir and Firhaven Creek Watersheds. 2 Current lot or parcel sizes in the Firhaven Creek Watershed shall be stringently maintained. No further division of fats 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 applicant(s) to have no adverse effects upon the water quality of the watershed. B Sewage ®isposal A 100-foot sewage disposal setback from a perennial stream, a 50-foot setback from an ephemeral stream or drainageway, and a 200-foot setback from a 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 for 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 ~, 1974, shall also apply to all other development, including multi-family residential, commercial, and industrial, on all lots or parcels regardless of date of creation. The gallonage of sewage application shall be pro-rated in proportion to the usable area of the lot or parcel as determined in accordance with Appendix VII, using the Table I value of 350 gallons/day area requirement. a. A variance may be granted only on an existing lot or 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 no event shall a variance be granted that would provide less usable area than the requirements of Butte County Cade. Chapter 19, Section 19-12. b An application for a variance shall be made in writing on a form prescribed by the health department. Upon receipt of the application, the Health Qfficer 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 of the Health Department denies the application for Variance, the applicant may file an appeal with the State Regional Water Quality Control Board within ten (10) days after denial. The decision by the State Regional Water Quality Control Board shall be final. C. Erosion Control Measures All roadways or driveways for new home sites on new or existing lots shall be surfaced with at least 2 inches of class 2 aggregate base, unless required to be developed to a higher standard. 2. All roads and driveways shall meet the minimum requirements as prescribed by Public Resources Code 4290 and 4291 and Butte County Fire Safe Regulations, or as prescribed by the Butte County Department of Public Works. ~. Erosion and sediment control plans prepared by a qualified professional shall be submitted with all building permits, discretionary development praaects, and grading plans. All construction activities shall comply with the provisions of the erosion and sediment control plan. The plans shall include both temporary (first year) and permanent erosion control protection measures that prevent sediment and other pollutant discharges from reaching watershed drainages and streams. At the end of construction, and prior to building occupancy, the qualified professional shall certify to the Planning and Building Divisions that construction was in accordance with the erosion and sediment control plan. 4. The erosion and sediment control plan shall include the time of year for construction activities. No construction shall occur after November 15 or before April 1 unless the preparer of the erosion and sediment control plan certifies that the conditions are suitable for such construction activities. Should grading be permitted during the rainy season, the smallest practicable area of erodible land shall be exposed at any one time during grading operations, as directed by the qualified professional, and the time of exposure shall be minimized. All areas where land clearing has been completed between April 1 and November 15 shall be stabilized and/or planted no Hater than November 15. ~. No structures shall be placed within 200 feet of the high water mark of the ~'aradise or Magalia Reservoirs or within 50 feet of the top of the bank of any perennial or ephemeral water course, as shown on the most recent edition of wJSGS 7,5 minute topographic maps, in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. This provision shall not preclude development on a parcel that would otherwise become undevelopable due to this provision, provided that a variance is obtained pursuant to Section 2~-50 of the Butte County Code. 5. The location of homesites {building envelopes) shall be shown on all future parcel and subdivision maps in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. 7. Erosion and sediment control plans prepared by a qualified professional involved in the preparation of erosion control plans shall be submitted for all three-acre conversion exemption timber operations in "the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds. 5. Three-acre conversion timber harvest operations shall not be conducted in the Firhaven Creek, Paradise Reservoir, and Magalia Reservoir watersheds during the period from November 15 to April 1.