Del Norte County Municipal Code § 12.02

1. The custom, culture, and economy of Del Norte County is often significantly and sometimes adversely affected by federal and state plans, programs, and projects. It appears, however, that many of these adverse effects could be eliminated or substantially reduced through an effective, coordinated process of environmental review prior to implementation.

2. The policy of environmental planning and review in Del Norte County, as it relates to federal and state plans, programs, and projects, is designed to promote the stated purposes and philosophy of the National Environmental Policy Act (NEPA):

To declare a national policy which will encourage the productive and enjoyable harmony between man and his environment to promote efforts which will eliminate damage to the environment and biosphere and stimulate the health and welfare of man to enrich the understanding of the ecological systems and natural resources important to the nation.

3. Federal statutes and presidential executive orders provide the framework for coordinated planning between Del Norte County and federal agencies. Federal statutes and regulations require federal agencies to coordinate their initial planning efforts with local government. NEPA requires federal agencies to work in close consultation with local governments and coordinate plans, functions, programs and resources. Further, it is the responsibility of the federal government to assure for all Americans safe, healthful, productive and aesthetically and culturally pleasing surroundings preserve important historic, cultural and natural aspects of our national heritage, and maintain, whenever possible, an environment which supports diversity and a variety of individual choice.

4. The Intergovernmental Cooperation Act contains specific coordinated planning requirements for local, state, and federal agencies. Presidential Executive Order 12372 requires federal agencies to coordinate actions and projects with local governments so that local impacts arising from federal projects may be identified.

5. In adopting the California Environmental Quality Act (CEQA) the California legislature found and determined that:

There is a need to understand the relationship between the maintenance of high quality ecological systems and the general welfare of the people of the state.

It is the intent of the legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.

6. The California legislature has further determined under CEQA that "all public agencies shall adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations. . . ."

7. In order to carry out these important policies and objectives for federal and state plans, programs, projects, enjoyment and production which may significantly affect the quality of the human environment in Del Norte County, it is necessary for all such agencies to comply with the provisions and policies of this ordinance, including any rules and regulations promulgated hereunder, as well as the applicable provisions of NEPA and CEQA.

   8. The overriding purpose of this ordinance is to assist federal and state agencies in coordinating their planning activities with Del Norte County consistent with our respective obligations under NEPA and CEQA. Further, public agencies engaged in activities which may be otherwise exempt from NEPA or CEQA are nonetheless invited and encouraged to participate voluntarily in this process.

• (Ord. 2003-003 § 2 (part) 2003)

The Del Norte County Board of Supervisors finds and declares:

1. The protection of the custom and culture in Del Norte County is important to the present and future preservation of environmental quality for its people.

2. The assurance for all Del Norte County citizens of a safe, healthful, productive, and culturally and aesthetically supportive environment is essential to the quality of life and human environment.

3. Maintenance of a quality environment for the people of Del Norte County, now and in the future, is a matter of public concern.

4. There is a need to understand the relationship between the maintenance of nature and the general welfare of the people who live, work, and play in Del Norte county, including the use of its natural resources.

5. The capacity of the environment is limited. It is the intent of the Board of Supervisors to take those steps which are necessary to maintain the quality of the environment and to protect the economic stability of the county which supports its custom and culture.

6. Every citizen of Del Norte County has a responsibility to contribute to the preservation of these standards and the enhancement of the environment.

7. Effective management of natural resources requires systematic and coordinated efforts between public and private interests to enhance environmental quality and maintain economic stability.

8. State and federal agencies promoting plans, programs and projects which may adversely affect private citizens who contribute to the economic stability of Del Norte County, shall assure that major consideration is given to protecting the environment without depriving county citizens of a decent home or their customs or cultures.

(Ord. 2003-003 § 2, 2003)

1. The Del Norte County Board of Supervisors has identified six (6) primary objectives:

   1. To disclose to the public and to the decision makers significant environmental consequences of proposed actions of state and federal governmental agencies on nature, society, custom and culture, property rights, and the economic stability of Del Norte County.

   2. To identify means to mitigate or eliminate adverse impacts to the environment, including nature, society, custom and culture, property rights, and the economic stability of Del Norte County.

   3. To prevent injury to this environment by requiring implementation of feasible alternatives and/or mitigation measures

   4. To foster and encourage intergovernmental coordination and cooperation.

   5. To encourage and enhance public participation and education in the entire environmental and economic review process.

   6. To plan and manage natural resources consistent with the County's General Plan and local zoning.

(Ord. 2003-003 § 2 (part), 2003)

1. In order to achieve the objectives expressed in Chapter 12.02.30 above, the following procedures shall apply to all projects involving state or federal agencies:

   1. Interagency agreements are necessary to a coordinated process of environmental review. Such agreements shall include the development of a system of timely notification to the county of all agency actions, plans, programs and projects which have the potential to affect the local environment or economy. An interagency agreement which proposes to comprehensively address the goals and objectives of this ordinance may be utilized as an alternative to the procedures established herein upon notification to and acceptance by the Del Norte County Board of Supervisors.

   2. Consistent with the obligations of the proponent agency to coordinate and consult with the county government, an Initial Assessment Report (IAR) or an Initial Study or Environmental Assessment shall be prepared whenever there is an indication that the plan, program, or project of the agency may have an adverse impact on the environment. State and federal agencies will work with the county to consider the social, economic, environmental, and other impacts of federal and state decisions on the local economy, citizens, and the environment. Consistent with NEPA, such consideration should also include mitigation measures. If an IAR is necessary, the IAR may be included as a separately titled component of other written environmental assessments required under NEPA and CEQA, provided that all other requirements of this ordinance are met. The IAR shall include (a) a description of the plan, program, or project (b) the environmental setting (c) an assessment of potential economic and/or environmental impacts (d)

a description of mitigation measures proposed to reduce or eliminate economic and/or environmental impacts and (e) the consistency of the plan, program or project presents no significant economic and/or environmental impacts.

3. Based on conclusions and findings contained in the IAR or the Initial Study or the Environmental Assessment and such other data as may be necessary to a determination, the Board of Supervisors and the federal or state proponent agency shall, within thirty (30) days of receipt of the IAR, jointly determine whether to conduct a Coordinated Environmental Review and Assessment (CERA) or find that the plan, program, or project presents no significant economic and/or environmental impacts.

4. If the Del Norte County Board of Supervisors and the proponent agency determine to conduct a CERA, it shall be prepared as a written report by the proponent agency and submitted to the Del Norte County Board of Supervisors. To avoid redundancy, the CERA may be included as a separately titled component of other written environmental assessments, statements, or reports required under NEPA and CEQA. Discussion and analysis should include relevant impacts of the plan, program, or project.

5. Impacts on county natural resources and environmental quality including:

   1. Impacts on forest and timber resources.

   2. Impacts on range or dry land crops.

6. Impacts on watershed resources.

   4. Impacts on private surface and groundwater rights and irrigated cropland.

   5. Impacts on air, water (including surface and groundwater), energy and soils.

   6. Impacts on integrated resource planning and management in which the county, private parties, and/or other public agencies are involved.

   7. Impacts on multiple use, sustained yield, and range resource laws and regulations.

   8. Impacts on private investment in public land and resources.

   9. Impacts on the production and enjoyable harmony between man and his environment, stimulation of the health and welfare of man, and support of diversity and variety of individual choice as assured under NEPA.

   10. Impacts on hunting, fishing, and all other outdoor recreation, including ingress and egress on public lands.

   11. Impacts on mining, gravel extraction, minerals, and/or rock pits.

   12. Impacts on livestock production and related industries.

   13. Impacts on tribal culture sites.

   14. Impacts on wildlife and fish resources.

7. Impacts on county society, custom and culture, governance, schools, and other local public services, including:

   1. Impacts on culture due to population loss.

   2. Impacts from proposed or foreseeable limitations or restrictions on cultural and community cohesion and kinship.

   3. Impacts on cultural and community aesthetics, including historical natural resource vistas, river ways, and landscapes.

   4. Impacts on the ability of local government to protect the health, safety, social, and cultural well being of its citizens.

   5. Impacts on the ability of local government to promote local environmental values, resource protection, and development.

   6. Impacts on the ability of local government to finance local public programs and services through bonding, lending, and other financing mechanisms.

   7. Identification of tax revenue loss to local government and schools.

   8. Impacts from identified tax revenue loss on the ability of local governments and schools to deliver public services.

   9. Impacts on local emergency medical services, law enforcement, fire protection, and nuisance abatement.

   10. Impacts on local government infrastructure, including transportation, public community systems, including those provided through irrigation and reclamation districts, and landfill services.

   11. Cumulative and long term impacts on local community stability and well being.

8. Impacts on local economy, customs, services, and businesses, including:

   1. Impacts on private, investment backed expectation.

   2. Impacts on the economic value of privately held water rights and real property.

   3. Direct and cumulative impacts on employment and wages.

   4. Direct and cumulative impacts on agriculture and related industries.

   5. Direct and cumulative impacts on local retail and service industries.

   6. Impacts on housing and related residential services such as water, sewer, sanitation, and energy.

   7. Impacts on thresholds for business demand and markets.

9. Direct and cumulative impacts on community stability and well being related to private ability to maintain current and future debt service.

   9. Direct and cumulative impacts on the commercial fishing industry and related services industry.

10. Private Property Takings Implication Assessment. The CERA shall identify and assess impacts of the plan, program, or project on private property rights in the county utilizing the criteria established in Presidential Executive Order 12630, entitled "Governmental Actions and Interference with Constitutionally Protected Property Rights," Supreme Court guidelines and the Attorney General's guidelines, entitled "Evaluation of Risks and Avoidance of Unanticipated Takings." In addition, this component of the CERA shall include discussion and analysis of the following:

    1. Whether the plan, program, or project constitutes an actual physical intrusion or actual taking of private property.

    2. Potential for loss of economic value or investment backed expectation.

    3. Related impacts on custom and culture.

    4. Whether the agency action conforms to constitutionally protected property rights and commonly accepted notions of fairness and due process.

11. Mitigation. For the purposes of this component of the CERA it is the policy of the County of Del Norte that public agencies should not approve plans, programs, or projects as proposed if feasible alternatives or mitigation measures exist which would, if implemented, reduce or eliminate significant impacts on the environment and economy, as defined in paragraph 2, chapter 12.02.30 of this ordinance. County proposed mitigation measures would be considered and analyzed as one of the "feasible alternatives" required by CEQA and NEPA. As relevant to the goals of the plan, program, or project, proposed mitigation measures should:

    1. Identify each impact which the mitigation measure is intended to address.

    2. Identify the party or agency responsible for the implementation and monitoring of the proposed mitigation measure.

    3. Specify, for each mitigation alternative, (a) how impacts may be avoided by not taking the particular action (b) how impacts may be minimized by limiting the degree or magnitude of the proposed action (c) how impacts may be rectified through repair, rehabilitation, or restoration of the affected environment and economy (d) how impacts may be reduced or eliminated over time

through preservation and maintenance over the life of the proposed action and (e) how the agency could compensate for the impact by providing substitute resources of equal economic or environmental value.

4. Specify, for each mitigation measure, its (a) legal authority (b) technical feasibility (c) fiscal and economic feasibility (d) social, political, and cultural feasibility.

5. Draft a detailed mitigation monitoring plan which shows as to each mitigation measure specific objectives and performance standards to ensure implementation of mitigation measures during the life of the plan, program, or project.

6. Cumulative Effects. Because the monitoring and maintenance efforts of state and federal agencies have historically proved inadequate to measure effectively the cumulative and long term effects of their plans, programs, and projects, these impacts remain unmeasured in any sense that will admit to remedial action. This is especially true for the impacts on multiple uses of natural resources and economic stability. To provide a necessary tool for addressing these issues, the county shall develop and make available local economic studies containing unit cost and other indices for the purpose of measuring economic impacts. One of the primary reasons for enacting the procedures contained in this ordinance and the commitment of county resources for the development of accurate data is to assist public agencies to identify systematically both present and cumulative impacts associated with their actions and to develop effective and feasible mitigation measures and alternatives so that these adverse impacts may be eliminated or substantially reduced to insignificance.

7. Public Participation. Another key component of effective environmental review is public participation in the process. During the preparation of environmental documentation for plans, programs, and projects which are subject to this ordinance, Del Norte County and the proponent federal or state agency shall provide opportunities for the involvement of Del Norte County citizens, residents, local governments, schools, utilities, civic, business, and other community groups. Such opportunities shall be provided through noticed public hearings and meetings, or other methods calculated to give actual notice of and a meaningful opportunity to participate in the environmental review and assessment.

(Ord. 2003-003 § 2 (part), 2003)

In addition to the procedures contained in this ordinance, the county shall:

1. Adopt such administrative rules and regulations deemed necessary to carry out its objectives.

2. Establish an oversight volunteer committee or other organization to assure that the intent and purposes to the procedures established by this ordinance are maintained.

3. Develop such environmental and resource related cooperative agreements, memorandums of understanding, joint policy statements, and federal agencies, so that the goals and objectives of this ordinance, the Del Norte County General Plan, and the Permanent Land Use Management Plan of Del Norte County may be carried out.

(Ord. 2003-003 § 2 (part), 2003)

12.04 Urban And Rural Public Road Standards

12.04.1 Purpose Of Chapter 12.04.2 Application 12.04.3 Definitions 12.04.10 Plans; Licensed And Registered Engineers

12.04.15 Plans; Submission For Approval

12.04.20 Roads; Structural Section 12.04.25 Roads; Construction Requirements

12.04.30 Roads; Construction Inspection Approval Required

12.04.35 Roads; Deeding Of Rights-Of-Way To County

12.04.40 Roads; Dedication Of Road Improvements To County 12.04.45 Roads; Connection

12.04.50 Design; Review Fees And Construction Inspection Fees

12.04.55 Design; Road Service Thresholds

12.04.60 Design; Road Classification 12.04.65 Design; Right-Of-Way Width 12.04.70 Design; Road Construction 12.04.75 Design; Transition Area Roads 12.04.80 Other Geometric Standards And Specifications 12.04.85 Existing Roads 12.04.90 Planned Communities 12.04.95 Reimbursement 12.04.105 Phased Improvements Within Existing Subdivided Urban Area Lands 12.04.110 Modified Road Improvement Standards

12.04.111 Exception; SFD Infill On Existing County-Maintained Roads 12.04.112 Road Improvement Deferment

12.04.115 Phased Improvements For Specific Industrial Areas