Coachella Municipal Code Art. II General Provisions

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

(Prior code § 28-16)

The provisions of this chapter shall be constructed in accordance with the Environmental Quality Act of 1970 and any interpretations 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. 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 § 28-17)

The adoption of 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 are 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 § 28-18)

Fees for a preliminary environmental assessment, an environmental assessment, and the preparation of an environmental impact report shall be set by the city council on motion.

(Prior code § 28-19)

All written comment or 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 department 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 § 28-20)

Whenever an agency of the city, such as 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 § 28-21)

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 thirty (30) 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 thirty (30) 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 § 28-22)

Proof of prior service by mail upon the city or a written notice of the commencement of any action or proceeding described in Section 8.24.220, identifying the project shall be filed concurrently with the initial pleading in such action or proceeding.

(Prior code § 28-23)

The director of planning shall file any notices required by the Environmental Quality Act of 1970. No project subject to the provisions of the California Environmental Quality Act (contained in Division 13 of the California Public Resources Code) for which a notice of determination or environmental impact report is prepared pursuant to Public Resources Code Section 21808 shall be approved unless the applicant therefor pays, or is required to pay, all fees required by Section 711.4 of the California Fish and Game Code except where the city determines that the proposed project is categorically exempt or whose effect on the environment is de minimis. The planning director may require the fees to be paid directly to the city at any time prior to submitting an application for the project or prior to filing the notice of determination or may require the fees to be paid directly to the county clerk upon the filing of the notice of determination. Only one filing fee shall be paid for each project unless the project is tiered or phased, and separate environmental documents or review by the department of fish and game is required. Unless the project applicant or owner pays such fees, the project application shall be deemed to be incomplete. Further, no project shall be operative, vested, or final until the filing fees have been paid.

(Prior code § 28-24)

The city manager or any persons designated by him or her, may develop a list of classes of projects which are ministerial. The city manager may recommend to the council the list of ministerial projects. Approval of the list of ministerial projects shall be by motion. Ministerial projects are not subject to the environmental impact procedure specified in this code or to the Environmental Quality Act of 1970.

(Prior code § 28-25)