County of Colusa Ordinance No. 791

COUNTY OF COLUSA
ORDINANCE NO. 791

AN ORDINANCE OF THE COLUSA COUNTY BOARD OF SUPERVISORS AMENDING  SUBSECTION 38-6(d) OF SECTION 38-6 OF CHAPTER 38 OF THE COLUSA COUNTY CODE TO CLARIFY FIRE DISTRICT DEVELOPMENT IMPACT FEE EXEMPTIONS AND ELIMINATE THE AGRICULTURAL  DEVELOPMENT EXEMPTION

The Board of Supervisors for the County of Colusa ordains as follows:

SECTION  1

Subsection 38-6(d) of section 38-6 of Chapter 38 of the Colusa County Code is amended to read as follows:

(d) Exemptions.

(1) The following types of Development shall be exempt from Development impact fees under this section:

(A) Piers, ramps, boatlifts, docks, suspended platforms, and pilings, in or bordering streams, waterfronts, or lakes.

(B) Development for governmental uses.

(C) New development of a similar type and use within two years after demolition on the same lot or within the same district, up to the square footage amount equal to the prior square footage amount for which fire development impact fees had been paid.

(D) Development where new construction replaces a structure of a similar type and use on the same lot which was damaged or destroyed by fire, earthquake or other causes similarly beyond the owner’s control, up to the square footage amount equal to the prior square footage of the damaged or destroyed structure.

SECTION  2

The Board of Supervisors finds that the provisions of this ordinance are  not subject to the California Environmental Quality Act (CEQA) pursuant to Title 14, Article 7 of the California Code of Regulations sections 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, 1506l(b)(3) because there is no possibility the activity in question may have a significant effect on the environment, and the proposed amendments are not a project as defined by the California Environmental Quality Act Section 21065 and state CEQA Guidelines Section 15378(b)(4), as it is related to the creation of a government funding mechanism which does not involve any commitment  to  any  specific project which may result in a potentially significant physical impact on the environment.

SECTION  3

The provisions of this ordinance are severable and if any of said provisions or their application in a particular circumstance is held invalid, the remainder of the ordinance amendment, including the application of such part or provision in other circumstances, shall not be affected and shall continue in full force. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph , sentence, clause, or phrase in this ordinance irrespective of the fact that any one, or more sections, subsections, subdivisions, paragraphs , sentences, clauses or phrases may be held unconstitutional , invalid or unenforceable .

SECTION  4

This ordinance shall become effective thirty (30) days after its passage. It shall be published once with the names of the members of the Board of Supervisors voting for and against the ordinance in a newspaper of general circulation published in the County of Colusa, State of California, within fifteen (15) days after its passage.

Introduced at a regular meeting of the Board of Supervisors held on the 6th of February , 2018, and passed and adopted by the Board of Supervisors of the County of Colusa, State of California, on the 20th  day of February, 2018, by the following roll call vote:

AYES: Supervisor John D. Loudon, Kim Dolbow Vann, Kent S. Boes, and Gary J. Evans

NOES: None.

ABSENT:       None.

ABSTAIN:      Supervisor Denise J. Carter

ATTEST: Wendy G. Tyler, Clerk to the Board of Supervisors

/s/ Patricia Rodriguez, Deputy Clerk

/s/ Gary J. Evans, Chairperson, Colusa County Board of Supervisors

APPROVED AS TO FORM:

/s/ Marcos A. Kropf, County Counsel

03/07/2018 – #2018-0327