§ 18.08

A.

If the planning officer determines the project is discretionary and not exempt, he shall require the applicant to complete an environmental questionnaire, and shall seek comments from responsible and trustee agencies. Upon receipt of the questionnaire and comments, the planning officer shall conduct an initial study. The city has thirty days to determine completeness of the environmental questionnaire.

B.

After conducting an initial study, the planning officer shall submit that study, the environmental questionnaire, and comments from responsible and trustee agencies to the Environmental Review Commission for review and evaluation. The commission shall determine whether an EIR will be prepared or whether a negative declaration is to be filed. The commission shall require the preparation of an EIR for all projects which it determines will, in fact, have a significant effect on the environment.

(Ord. 436 §3, 1985: Ord. 285 §2, 1973).

A.

When an Environmental Impact Report is submitted to the city council by the Environmental Review Commission, the council shall review the report and determine if an additional public hearing is required to adequately inform the council of the facts regarding the project.

B.

If deemed necessary, the city council shall set the time and place for a public hearing on the report, and give notice thereof in the manner and for the time required by this title. At the time set for hearing, the city council shall proceed to hear viewpoints and recommendations from interested agencies, department heads, members of the Environmental Review Commission, and from private organizations and persons affected. Such hearings may be continued from time to time.

C.

At the conclusion of the hearing before the council, the hearing shall be declared closed and the council shall, within thirty days thereafter, make its determination, findings, and determining:

1.

Whether or not the proposed project will have any significant effect on the environment;

2.

Approving, conditionally approving, or denying approval of the proposed project.

D.

Should the city council determine, from the Environ-mental Impact Report, that sufficient public hearing has been conducted by the commission during preparation of the report, and that unnecessary delay would result from an additional public hearing, the determinations listed in subsection C of this section above shall be made without public hearing by the city council.

E.

In making its determination, the council shall be guided by the provisions of Chapter 1 of the Environmental Quality Act of 1970; provided, however, that determination by the council that the proposed project would have a significant adverse effect upon the environment shall not preclude the council from approving or conditionally approving the project.

(Ord. 295 §4, 1973).

Any action or proceeding to attack, review, set aside, void, or annul any decision upon matters covered by this title or concerning any of the proceedings, acts, or determinations taken or done prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within thirty days after final decision by the city council. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations. (Ord. 285 §5, 1973).

TABLE II - ANNEXATIONS

Ord. No. Property Annexed

Thence, Parallel with the north line of said Lot 4, South 88° 55' 07" East 507.24 feet, to a point in said east line; Thence, along last said east line, North 0° 00' 37" East (Record-North 0° 06' 30" East) 270.00 feet, to the point of beginning. PARCEL TWO: Lot 6 of Crooks Villa Addition as the same is shown on the map filed in the Tehama County Recorder's Office, May 21, 1924, in Book F of Maps at Page 61. PARCEL THREE: The northerly 100 feet of Lot 8 in Block 118 of Maywood Colony No. 16, as the same is shown on the map filed in the Tehama County Recorder's Office, March 20, 1899, in Book B of Maps at Page 38. Excepting therefrom that portion of said lot lying to the left of the line described as follows: Commencing at that certain monument identified as "A" 466+17.858 P.O.T. as shown on the map entitled: "Survey of a Control Line for State Highway Purposes" recorded January 25, 1962, in Book N of Maps at page 38, Tehama County Records; thence, along said Control Line North 0° 00' 00" East 18.16 feet; thence leaving said Control Line North 90° 00' 00" East 120.00 feet to the true point of beginning of this line; thence North 04° 23' 31" East 92 feet to the south line of said Northerly 100 feet of Lot 8; thence continuing North 04° 23' 31" East 101 feet to the point of termination of this line on the north line of said Lot 8. Following described property owned by C.M. McDowell: The southerly 95 feet of the following described property: Beginning at a point in the east line of said Crooks Villa Addition from which the northeast corner of said Section 21 bears North 0° 00' 37" East (Record North 0° 06' 30" East), 79.26 feet; thence, following the proposed Interstate Freeway right-of-way line as described in deed from Orvil Wilson Crooks, also known as Orvie Wilson Crooks, also known as Orvie W. Crooks, and Helen Margrette Crooks, also known as Helen Margaret Crooks, also known as Helen B.Crooks, also known as Margaretta Crooks, husband and wife, to state of California, dated March 17, 1959 and Recorded March 20, 1959 in Book 345 of Official Records at page 533, Records of Tehama County, the following five courses: (1) Thence, North 89° 59' 23" West, 30.00 feet; (2) Thence, North 43° 56' 00" West, 47.97 feet; (3) Thence, South 83° 19' 00" West, 163.36 feet; (4) Thence, South 53° 07' 00" West, 58.98 feet; (5) Thence, South 44° 16' 00" West, 335.94 feet; Thence, parallel with the north line of said Lot 4, South 88° 55' 07" East 507.24 feet, to a point in said east line; Thence, along last said east line, North 0° 00' 37" East (Record - North 0° 06' 30" East), 270.00 feet, to the point of beginning, and being a portion of Lots 3 and 4 of the Crooks

et; (4) Thence, South 53° 07' 00" West, 58.98 feet; (5) Thence, South 44° 16' 00" West, 335.94 feet; Thence, parallel with the north line of said Lot 4, South 88° 55' 07" East 507.24 feet, to a point in said east line; Thence, along last said east line, North 0° 00' 37" East (Record - North 0° 06' 30" East), 270.00 feet, to the point of beginning, and being a portion of Lots 3 and 4 of the Crooks

Villa Addition filed in the office of the county recorder of the county of Tehama, State of California, in Book F of Maps at page 61, and a portion of the west one-half of Lot 1 in Block 118 of Maywood Colony Number 16 in Section 21, Township 24 North, Range 3 West, M.D.B. & M. as the same is shown on the filed map in Book B of Maps at page 38. Following property owned by Barney Traichel: 69-210-15 Maywood Colony No. 16, beginning at a point on the east line of Lot 8, Block 118, from which point the northeast corner of said lot bears North 0° 06' East 100 feet; thence North 88° 46' 30" West 267.8 feet; thence South 0° 06' 30" West 200 feet; thence south 88° 46' 30" East 267.8 feet; thence North 9° 06' 30" East 200 feet to the point of beginning. 69-210-46 Beginning at the northwest corner of the above parcel of land from said point of beginning North 88° 46' 30" West 392.2 feet M/L, to the west line of said Lot 8, Block 118, Maywood Colony No. 16; thence south 0° 06' 30" West, along said west line, a distance of 200 feet; thence south 88° 46' 30" east a distance of 392.2 feet M/L, to the southwest corner of the above parcel; thence north 0° 06' 30" East, along the west line of the above parcel, a distance of 200 feet to the point of beginning. With the exception of the following described property: That portion of Lot 8 in Block 118 of Maywood Colony No. 16, as the same is shown on the map entitled "Maywood Colony No. 16 Tehama County California T. 24 N., R. 3 W.," filed in the office of the county recorder of the county of Tehama, state of California, March 20, 1899 in Book B of Maps at page 38, Tehama County Records, lying westerly of a line described as follows: Commencing at that certain monument identified as "A" 466+17.858 P.O.T., as shown on the map entitled "Survey of a Control Line for State Highway Purposes," recorded January 25, 1962 in Book N of Maps at page 38, Tehama County Records; Thence, along said Control Line, south, 617.86 feet; Thence leaving said Control Line, north 90° 00' 00" East, 100.00 feet to the true point of beginning of this line; Thence, parallel with said Control Line, north, 190 feet to the south line of said Lot 8; Thence, continuing north, 210 feet, more or less, to a point, for a total distance of 400.00 feet from the true point of beginning; Thence, north 04° 51' 01" East, 236.88 feet; Thence, north 04° 23' 31" East, 190 feet to the north line of said Lot 8; Thence, continuing North 04° 23' 31" East, 70.00 feet to the point of termination of this line. The parcel herein described contains 0.31 acre, more or less, including 100 square feet, more or less, lying within the existing public way.

0.00 feet from the true point of beginning; Thence, north 04° 51' 01" East, 236.88 feet; Thence, north 04° 23' 31" East, 190 feet to the north line of said Lot 8; Thence, continuing North 04° 23' 31" East, 70.00 feet to the point of termination of this line. The parcel herein described contains 0.31 acre, more or less, including 100 square feet, more or less, lying within the existing public way.