HomeMy WebLinkAbout41921'
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Ordinance No. 4192
AN ORDINANCE OF THE COUNTY OF BUTTE AMENDING ARTICLE I,
I ENTITLED "GRADING", OF CHAPTER 13, ENTITLED "GRADING AND MINING",
OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
Ifollows:
Section 1. Section 13-5 of the Butte County Code is amended to read
as follows:
13-5 Exemptions.
A grading permit shall not be required if the amount of grading
is fifty (50) cubic yards or less or meets any of the conditions
specified below:
(a) Excavation and grading authorized by a valid building
permit as provided for under appendix J - Grading of the California
Building Code, as adopted by section 26-1 of Chapter 26 of this
Code; provided, however, that if the excavation and grading to be
performed includes the construction of a driveway longer than one
hundred fifty (150) feet, the Building Division shall, before issuing
the building permit, direct the applicant to apply to the director
for a determination of exemption pursuant to Section 13-5.1
(b) Construction of roads for forestry or fire protection
purposes, as required by a governmental fire protection agency.
(c) Excavations for: cemetery graves, tunnels, wells, mining,
quarrying, undergrounding of utilities, public works projects,
archaeological sites, or dams and public refuse disposal sites,
controlled by other regulatory agencies.
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(d) Emergency projects due to landslides, road and bridge
washouts, flooding or other natural disasters.
(e) Routine maintenance of roads or manmade or engineered flood I
Icontrol channels and levees.
(f) Grading specifically authorized by the terms of any
discretionary permit or approval granted by the County of Butte.
(g) Routine agricultural grading maintenance to support, keep,
replace, refurbish, replant, cultivate and continue in an existing
state or condition without decline, including existing agricultural
improvements, such as, but not limited to, fields, pastures, crops,
vineyards, orchards, facilities, buildings, structures, walls,
fences, poles, ponds, reservoirs, dams, pipes, irrigation systems,
bridges, and roads. All other agricultural grading for the conversion
of existing non-agricultural vegetation to an agricultural operation
will require an Agricultural Process Grading Review by submission
of an Agricultural Grading Application to the Butte County
Agricultural Commissioner for review and approval.
(h) Maintenance of existing firebreaks and roads to keep the
firebreak or road substantially in its original condition.
(i) Timber harvest and management activities when approved and
carried out consistent with the California Forest Practices Act.
(j) Clearing of vegetation for fire protection purposes within
one hundred (100) feet of a dwelling unit. Any additional clearing
for fire prevention, control or suppression purposes is exempt when
authorized or required in writing by a fire prevention or suppression
lagency.
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(k) Construction pursuant to subdivision plans or site
improvement plans, which have been approved by the Department of
Public Works. The off -sate storage of excess soil from approved
projects to be used as fill for other approved projects is exempt
as long as proper erosion and sediment controls are maintained at
the stockpiled storage site.
(1) Maintenance of irrigation and drainage facilities.
(m) An excavation for a sewage disposal system or a well that
is constructed in accordance with a valid permit issued by the Butte
County Public Health Department, Environmental Health Division.
(n) An excavation for installation, closure, or remediation of
an underground storage tank, performed in accordance with a valid
permit issued by the Butte County Public Health Department,
Environmental Health Division.
(o) An excavation for removal or remediation of site
contamination, performed under the oversight of the Butte County
Public Health Department, Environmental Health Division, or the
California Environmental Protection Agency, or the United States
Environmental Protection Agency.
"(p) Filling an area previously excavated due to the removal of
a residential or commercial building that was damaged or destroyed
by fire with soil that is compatible with the existing soil of the
site. The area of the fill shall not exceed the area of the excavation,
and the grade of the fill shall conform to the existing, natural
features of the site."
Section 2. Section 13-6 of the Butte County Code is amended to read
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as follows:
(a) Application for Grading Permit: Each application for a
permit that is required by this article shall be made by the property
owner or his authorized agent to the director on a form furnished for
that purpose and shall be accompanied by a permit application fee and
environmental review fee as set forth in the Butte County Master Fee
Schedule.
(b) Application Content: An application for a permit shall'
include the following information:
(1) An accurate location map showing the relation of the
project to the nearby community.
(2) An accurate plot plan showing the exterior boundaries
of the area affected, and the Location of any buildings.
(3) A description of the work to be done together with the
materials to be used thereon, including depth of fills, height of
cuts, proposed spoils location for any excess excavation, and
estimated volumes in cubic yards of excavation and fill.
(4) The location of all drainage to and from the site and
the location of culverts and natural watercourses.
(5) A relocation plan for existing waterway or drainage
facilities proposed to be altered.
(6) Details of proposed drainage structures.
(7) A description of the methods to be used for erosion
and sediment control.
(8) The locations of anticipated stockpile areas.
(9) Other pertinent information, as requested by the
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director.
(10) When the total excavation plus the total fill exceeds
ten thousand (10,000) cubic yards and involves cuts or fills exceeding
fifteen (15) feet in height and/or existing average slopes exceeding
twenty percent (20%): a licensed civil engineer shall prepare, sign
and submit detailed engineering plans, specifications, and soils
engineering report; and a Qualified Storm Water Developer who holds
the certification required by the CA Water Quality Control Board's
Construction General Permit 2009-009-DWQ shall prepare, sign and
submit an erosion and sediment control plan.
Section 3. Severability. If any section, subsection, sentence,
clause, or phrase of this Ordinance is for any reason held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance. The Board of
Supervisors hereby declares that it would have passed this Ordinance
and every section, subsection, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional or
invalid.
Section 4. Effective Date and Publication. This Ordinance shall take
effect thirty (30) days after the date of its passage. The Clerk of
the Board of Supervisors is authorized and directed to publish this
Ordinance before the expiration of fifteen (15) days after its
passage. This Ordinance shall be published once, with the names of
the members of the Board of Supervisors voting for and against it,
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in a newspaper of general circulation published in the County of
Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 121h day of January, 2021 by the following
vote:
AYES* Supervisors Lucero, Ritter, Kimmelshue, Teeter, and Chair
Connelly
NOES: None
ABSENT: None
ABSTAIN: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
By:
Deputy
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