§ 18.04

The purpose of this chapter is to implement the Environmental Quality Act of 1970 insofar as it is applicable to the city.

(Prior code § 7A-16; Ord. No. 549, § 1, 7-30-2015)

The provisions of this chapter shall be construed in accordance with the Environmental Quality Act of 1970 and any interpretation thereof by a competent tribunal. Any provision of this chapter which is less restrictive than required by such state law shall be construed to be as restrictive as required by such state law insofar as possible. Any provision of this chapter which is more restrictive than required by such state law shall be construed to be only as restrictive as required by such state law insofar as possible. Nothing in this chapter

shall preclude the city from taking such other action in respect to projects as is deemed necessary by the city to obtain full compliance by the city with the provisions of the Environmental Quality Act of 1970.

(Prior code § 7A-17; Ord. No. 549, § 1, 7-30-2015)

The adoption of the ordinance codified in this chapter shall not be construed to invalidate any past governmental action by the city which did not comply with the provisions of this chapter or of the Environmental Quality Act of 1970. Any past governmental action by the city on the following types of projects is ratified and approved:

A.

Projects which would not have a significant effect on the environment;

B.

Projects for which there was substantial compliance with the provisions of this chapter or of the Environmental Quality Act of 1970;

C.

Projects which received environmental approval from the state or federal government;

D.

Projects for which the environmental impact was considered by the city even though there was no environmental impact report prepared.

(Prior code § 7A-18; Ord. No. 549, § 1, 7-30-2015)

A.

Preliminary Environmental Assessment. There shall be no fee for a preliminary environmental assessment; provided, however, that the costs of making such assessment may be reflected in any other fee required for processing the project.

B.

Environmental Assessment. The fee for an environmental assessment of a project sponsored entirely by a person other than the city shall be as adopted, and amended from time to time, by resolution of the city council.

C.

Environmental Impact Report. The fee for the preparation of an environmental impact report for a project sponsored entirely by a person other than the city shall be as adopted, and amended from time to time, by resolution of the city council.

(Prior code § 7A-19; Ord. No. 549, § 1, 7-30-2015; Ord. No. 572, § III, 11-4-2021)

18.04.070 - Public comment on environmental documents.

All written comment or the record thereof by the public or by a governmental agency specifically on the environmental characteristics of a discretionary project shall be transmitted to the planning commission and, if not required to be a part of the environmental impact report by the Environmental Quality Act of 1970, may be included with the environmental documents for the project.

(Prior code § 7A-20; Ord. No. 549, § 1, 7-30-2015)

Whenever an agency of the city, such as the city council or the planning commission, is required by this chapter to make a finding, such finding may be made orally. The clerk or secretary for such agency is authorized to act on behalf of that agency in making the written finding in the appropriate language on the appropriate document and in signing such appropriate document.

(Prior code § 7A-21; Ord. No. 549, § 1, 7-30-2015)

Any action or proceeding to attack, review, set aside, void or annul any determination, decision or governmental action by the city on the ground of noncompliance with this chapter or with the Environmental Quality Act of 1970 shall be commenced as follows:

A.

Any action or proceeding alleging that the city is carrying out or has approved a project which may have a significant effect on the environment without having determined whether the project may have a significant effect on the environment shall be commenced within one hundred eighty (180) days of the city's decision to carry out or approve the project or, if a project is undertaken without a formal decision by the city, within one hundred eighty (180) days after commencement of the project.

B.

Any action or proceeding alleging that the city has improperly determined whether a project may have a significant effect on the environment shall be commenced within thirty (30) days after the filing of the notice with the county clerk required by the Environmental Quality Act of 1970.

C.

Any action or proceeding alleging that an environmental impact report does not comply with legal requirements shall be commenced within thirty (30) days after the filing of the notice with the county clerk required by the Environmental Quality Act of 1970.

D.

Any action or proceeding alleging any other violation of this chapter or of the Environmental Quality Act of 1970 shall be commenced within thirty (30) days of the alleged violation.

(Prior code § 7A-22; Ord. No. 549, § 1, 7-30-2015)

Proof of prior service by mail upon the city of a written notice of the commencement of any action or proceeding described in Section 18.04.090 identifying the project shall be filed concurrently with the initial pleading in such action or proceeding.

(Prior code § 7A-23; Ord. No. 549, § 1, 7-30-2015)

The secretary of the planning commission shall file any notices required by the Environmental Quality Act of 1970.

(Prior code § 7A-24; Ord. No. 549, § 1, 7-30-2015)

The planning commission shall develop a list of classes of projects which are ministerial. The city manager shall recommend to the council the list of ministerial projects. Approval of the list of ministerial projects shall be by resolution. Ministerial projects are not subject to the environmental impact procedures specified in this chapter or to the Environmental Quality Act of 1970.

(Prior code § 7A-25; Ord. No. 549, § 1, 7-30-2015)

Article III. - Categorical Exemption

The criteria for granting a class of discretionary projects a categorical exemption shall be as follows:

A.

The projects within the class occur frequently;

B.

The projects within the class in general will not have a significant effect on the environment due to their nature;

C.

For classes of projects which by their nature may have a significant effect on the environment, the projects within the class in general will not have a significant effect on the environment because sufficient guidelines for taking governmental action have been established by ordinance, by resolution or by motion to insure the conformity of the projects with the Environmental Quality Act of 1970.

(Prior code § 7A-26; Ord. No. 549, § 1, 7-30-2015)

The planning commission shall develop a list of classes of projects which may be granted categorical exemptions in addition to those classes of projects exempted by the Environmental Quality Act of 1970.

(Prior code § 7A-27; Ord. No. 549, § 1, 7-30-2015)

The city manager shall recommend to the city council those classes of projects which should be granted categorical exemptions. The granting or revocation of a categorical exemption for a class of projects shall be by resolution.

(Prior code § 7A-28; Ord. No. 549, § 1, 7-30-2015)

Any project which is within a class of projects granted a categorical exemption and which does not have environmental characteristics significantly different from the other members of such class is deemed to be a project which will not have a significant effect on the environment. No environmental assessment or environmental impact report is required for such a project.

(Prior code § 7A-29; Ord. No. 549, § 1, 7-30-2015)

Article IV. - Environmental Assessment

The technical committee shall develop a procedure for environmental assessments of projects. Such procedure may be in the form of a questionnaire, a matrix or any other form.

(Prior code § 7A-30; Ord. No. 549, § 1, 7-30-2015)

The city manager shall recommend to the city council the procedure for environmental assessments of projects. The adoption or revision of such procedure shall be by resolution.

(Prior code § 7A-31; Ord. No. 549, § 1, 7-30-2015)

The technical committee shall make an environmental assessment for the following after the payment of the appropriate fee:

Any project which is submitted by the sponsor to the technical committee for an environmental assessment prior to the submittal of the project to the city for governmental action.

(Prior code § 7A-32; Ord. No. 549, § 1, 7-30-2015)

18.04.200 - Data from sponsor.

The technical committee may require the sponsor of a project to provide all or a part of the base data on the project and its proposed environment necessary for an environmental assessment of the project.

(Prior code § 7A-33; Ord. No. 549, § 1, 7-30-2015)

If the technical committee finds that a project may have significant effect on the environment, it shall record this recommendation in writing and, after the payment of the appropriate fee, prepare an environmental impact report for the project. The written recommendation of the technical committee shall be forwarded immediately to the planning commission.

(Prior code § 7A-34; Ord. No. 549, § 1, 7-30-2015)

If the technical committee recommends that a project does not have a significant effect on the environment, each decisionmaker for the project shall confirm or reject this recommendation and record his finding in writing and forward the same to the planning commission. If the planning commission finds that the project may have a significant effect on the environment, it shall transmit the project to the technical committee for an environmental. impact report. In the event of a negative declaration, the planning commission shall file a negative declaration pursuant to state regulations with the appropriate agency.

(Prior code § 7A-35; Ord. No. 549, § 1, 7-30-2015)

Article V. - Environmental Impact Report

The technical committee shall develop a procedure for the preparation of environmental impact reports. Such procedure may be in the form of a questionnaire, a matrix or any other form.

(Prior code § 7A-36; Ord. No. 549, § 1, 7-30-2015)

The city manager shall recommend to the city council the procedure for the preparation of environmental impact reports. The adoption or revision of such procedure shall be by resolution.

(Prior code § 7A-37; Ord. No. 549, § 1, 7-30-2015)

The technical committee shall prepare an environmental impact report for the following after the payment of the appropriate deposit:

A.

Any project which may have a significant effect on the environment and which requires an environmental impact report under the Environmental Quality Act of 1970 and regulations adopted pursuant thereto;

B.

Any project which is submitted by the sponsor to the technical committee for an environmental impact report prior to the submittal of the project to the city for governmental action.

(Prior code § 7A-38; Ord. No. 549, § 1, 7-30-2015)

18.04.260 - Supplemental environmental impact report.

The technical committee shall prepare a supplemental environmental impact report for a project whenever the same is required by the Environmental Quality Act of 1970 or regulations adopted pursuant thereto, whenever there is any data on the project or its proposed environment which was not previously considered in the environmental impact report, or whenever it appears necessary to revise the original environmental impact report.

(Prior code § 7A-39; Ord. No. 549, § 1, 7-30-2015)

18.04.270 - Data from sponsor.

The technical committee may require the sponsor of a project to provide all or a part of the base data on the project and its proposed environment necessary for an environmental impact report or a supplemental environmental impact report on the project.

(Prior code § 7A-40; Ord. No. 549, § 1, 7-30-2015)

18.04.280 - Recommendation by technical committee.

The technical committee shall make a recommendation in the environmental impact report and any supplemental environmental impact report as to the governmental action to be taken on the project, based on the effect of the project on the environment.

(Prior code § 7A-41; Ord. No. 549, § 1, 7-30-2015)

18.04.290 - Public hearing.

Before any governmental action may be taken on a project which may have a significant effect on the environment, a public hearing shall be held on the environmental impact report for the project and on any supplemental environmental impact report for the project which differs significantly from the original environmental impact report. After the technical committee has prepared a preliminary draft of the environmental impact report; it shall so notify the planning commission which shall hold a public hearing in regard to the project. Notice of the time and place of the hearing shall be published at least once in a newspaper published and circulated in the city, the first publication of which shall be at least four days prior to the time set for the hearing. Any environmental impact report to be considered shall be available in the

city hall for public inspection from the time of publication until the time of the hearing. At the time and place set for the hearing, evidence on the potential effect of the project on its proposed. environment shall be received. The hearing may be continued from time to time. No decision on the environmental impact of the project or on the proposed governmental action is necessary at such hearing.

y hall for public inspection from the time of publication until the time of the hearing. At the time and place set for the hearing, evidence on the potential effect of the project on its proposed. environment shall be received. The hearing may be continued from time to time. No decision on the environmental impact of the project or on the proposed governmental action is necessary at such hearing.

(Prior code § 7A-42; Ord. No. 549, § 1, 7-30-2015)

Each decisionmaker for a project shall make a finding on the sufficiency of the environmental impact report and any supplemental environmental impact report for the project and shall record his finding in writing. If a decisionmaker finds that the environmental impact report or any supplemental environmental impact report is not sufficient, he shall transmit the project to the technical committee for a supplemental environmental impact report.

(Prior code § 7A-43; Ord. No. 549, § 1, 7-30-2015)

Every decisionmaker for a project shall consider all environmental impact reports for the project prior to approving or disapproving the project. The environmental data supplied by these reports and by any other source may be used by the decisionmaker as follows:

A.

Authorization of a project may be denied if, in the opinion of the technical committee and the decisionmaker:

1.

Its adverse environmental effect outweighs its beneficial environmental effect;

2.

A feasible alternative exists having a lesser adverse environmental effect.

B.

A project may be authorized subject to conditions reasonably calculated to:

1.

Minimize the adverse environmental effect of the project; or

2.

Maximize the beneficial environmental effect of the project.

(Prior code § 7A-44; Ord. No. 549, § 1, 7-30-2015)

In the event the decisionmaker denies authorization of a project, the sponsor may appeal said decision to the city council of the city by filing a written notice of said appeal within ten (10) days from the denial of the project. In the event of such appeal, the city council shall hold a public hearing with notice given substantially as set forth in Section 18.04.290, and the city council is authorized to confirm, amend, modify or authorize a project if it finds that error has been committed by the decisionmaker from whom the appeal is made. Such decision of the city council shall be made within fifteen (15) days from the date of the public

hearing, and shall be reflected upon the minutes of the city council and note specifically the reasons for the affirmation, modification or granting of the project authorization.

(Prior code § 7A-45; Ord. No. 549, § 1, 7-30-2015)