Dorris Municipal Code Ch. 8.04 Environmental Protection

REGULATIONS Sections: 8.04.010 8.04.020 8.04.030 8.04.040 8.04.050 8.04.060 8.04.070 8.04.080 8.04.090 8.04.100 8.04.110 8.04.120 8.04.130 8.04.010 Definitions. Purpose. Construal of provisions. Effect on past actions. Fees. Public comment on environmental documents. Authority to sign findings. Commencement of actions against city. Filing of notices. Ministerial projects. Categorical exemptions. Environmental assessment. Environmental impact report. Definitions. For the purpose of this chapter, the follow- ing terms and phrases are defined as set out in this section unless it is apparent from the con- text that a different meaning is intended. "Categorical exemption" means the immu- nity of a class of projects from the necessity for an environmental assessment, either based upon an exemption under the Environmental Quality Act of 1970 or based upon a determi- nation that the type of projects comprising the class normally will have no significant effect on the environment. "Decisionmaker" means any agency, official or employee of the city who is authorized to take a governmental action on a project, includ- ing but not limited to the city council. 84 "Discretionary project" means a project for which the governmental action requested al- lows latitude of decision within which the deci- sionmaker determines issues for that project according to the circumstances and according to the judgment of the decisionmaker, that is, the decisionmaker is not expressly controlled by fixed rules oflaw. "Environment" means the physical condi- tions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise and ob- jects of historic or aesthetic significance. The general term "environment'' is divided into the following categories: I. The physical or inorganic environment, comprising such factors as climate and soil; 2. The biological environment, comprising wild plants and animals, including bacteria and other germs; 3. The social environment, comprising things due to human activity and divisible in tum into: a. The physiosocial environment, compris- ing buildings, roads and all manufactured ob- jects, b. The biosocial environment, comprising domesticated plants and animals. "Environmental assessment" means an evaluation of the characteristics of a project and of its proposed environment to determine whether the project may have a significant ef- fect on the environment. "Environmental documents" means all of the papers pertaining to a specific project which are prepared by the city and are relied upon as the basis, proof or support of the envi- ronmental impact of the project. "Environmental impact report" means the detailed written statement and comments as

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defined in the Environmental Quality Act of 1970. "Environmental Quality Act of 1970" means Division 13 of the California Public Resources Code, as it may be amended from time to time, and any regulations adopted pursuant thereto. "Governmental action" means the proposed authorization by the city of a project or a dis- crete part of a project. Such proposed authori- zation may be by ordinance, resolution, con- tract, lease, permit, license, or any other form of entitlement to proceed with the project pro- posed. "Ministerial project'' means a project for which the governmental action requested al- lows no latitude of decision within which the decisionmaker determines issues for that pro- ject according to the circumstances and accord- ing to the judgment of the decisionmaker; that is, the decisionmaker is expressly controlled by fixed rules oflaw. "Person" means any person, firm, associa- tion, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. "Project" means a planned undertaking re- quiring governmental action on the undertaking as a whole or on any discrete part of the under- taking authorizing land acquisition, site devel- opment, building alteration, building construc- tion, or any significant intensification of the use of land. "Project" as defined by the Envi- ronmental Quality Act of 1970, includes the following: I. Activities directly undertaken by the city; 2. Activities undertaken by a person other than the city which are supported in whole or 85 m part through contracts, grants, subsidies, loans, or other forms of assistance from the city; 3. Activities involving the issuance to a person other than the city of a lease, permit, license, certificate, or other entitlement for use by the city. "Significant effect on the environment" means an important result, either beneficial or adverse, in the environment of a project which may be produced by the implementation of the project as proposed.

1. The significance of an effect generally is directly proportional to the following quali- ties of the effect: a. Its magnitude; b. Its duration; c. Its proximity to the project site; d. The number of individuals directly af- fected by it; e. The closeness of its relationship to the physical and biological environment.
2. In accordance with the legislative intent stated in the Environmental Quality Act of 1970, the effects on the following items are deemed to be more significant than other envi- ronmental effects: a. Aesthetic environmental qualities; b. Natural environmental qualities; c. Scenic environmental qualities; d. Historic environmental qualities, espe- cially examples of the major periods of Cali- fornia history; e. The maintenance and perpetuation of fish and wildlife species; f. Freedom from excessive noise; g. Waste disposal and environmental pol- lution.

( "Sponsor" means the person who submits a project or a discrete part of a project for gov- ernmental action. (Ord. 160 § 1, 1973)

The purpose of this chapter is to imple- ment the Environmental Quality Act of 1970 insofar as it is applicable to the city. (Ord. 160 § 2.0, 1973)

The provisions of this chapter shall be con- strued 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. Any provision of this chap- ter 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 pre- clude 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 Qual- ity Act of 1970. (Ord. 160 § 2.1, 1973)

The adoption of the ordinance codified in this chapter shall not be construed to invali- date 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: 86 A. Projects which would not have a sig- nificant effect on the environment; B. Projects for which there was substan- tial compliance with the provisions of this chapter or of the Environmental Quality Act of1970. 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 pre- pared. (Ord. 160 § 2.2, 1973)

A. Preliminary Environmental Assess- ment. 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 proc- essing the project. B. Environmental Assessment. The fee for an environmental assessment of a project spon- sored entirely by a person other than the city shall be twenty-five dollars ($25.00) and shall be paid prior to such environmental assess- ment. C. Environmental Impact Report. The fee for the preparation of an environmental impact report for a project sponsored entirely by a per- son other than the city shall be the actual cost thereof to the city, including but not limited to time spent by city employees in preparing the report, typing and stenographic costs and ex- penses incurred in employing consultants to review and prepare the report. A deposit of two hundred dollars ($200.00) to be applied to- wards the cost of preparing the environmental impact report shall be deposited with the city prior to the preparation thereof, or a greater sum may be required if in the opinion of the

/ 'I city council the cost of the report will exceed the sum of two hundred dollars ($200.00) in which event the estimated cost of the environ- mental impact report shall be required as a de- posit. (Ord. 160 §§ 2.3, 1973)

environmental documents. All written comment or the record thereof by the public or by a governmental agency specifically on the environmental characteris- tics of a discretionary project shall be transmit- ted to the city council 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. (Ord. 160 § 2.4, 1973)

Whenever an agency of the city, such as the city council, is required by this chapter to make a finding, such finding may be made orally. The clerk or 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. (Ord. 160 § 2.5, 1973)

against city. A. Any action or proceeding to attack, review, set aside, void or annul any determina- tion, 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:

1. Any action or proceeding alleging that the city is carrying out or has approved a pro- ject which may have a significant effect on the 87 environment without having determined whether the project may have a significant ef- fect on the environment shall be commenced within one hundred eighty (180) days of the city's decision to carry out or approve the pro- ject or, if a project is undertaken without a formal decision by the city, within one hundred eighty (180) days after commencement of the project.
2. Any action or proceeding alleging that the city has improperly determined whether a project any have a significant effect on the en- vironment 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.
3. Any action or proceeding alleging that an environmental impact report does not com- ply with legal requirements shall be com- menced within thirty (30) days after the filing of the notice with the county clerk required by the Environmental Quality Act of 1970.
4. Any action or proceeding alleging any other violation of this chapter or of the Envi- ronmental Quality Act of 1970 shall be com- menced within thirty (30) days of the alleged violation. B. Proof of Service. Proof of prior service by mail upon the city of a written notice of the commencement of any action or proceeding described in subsection A of this section identi- fying the project shall be filed concurrently with the initial pleading in such action or pro- ceeding. (Ord. 160 §§ 2.6, 2.7, 1973)

The clerk of the city council shall file any notices required by the Environmental Quality Act of 1970. (Ord. 160 § 2.8, 1973)

The city council shall develop a list of classes of projects which are ministerial. The city clerk 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 envi- ronmental impact procedures specified in this chapter or to the Environmental Quality Act of 1970. (Ord. 160 § 2.9, 1973)

A. Criteria. The criteria for granting a class of discretionary projects a categorical exemp- tion shall be as follows:

1. The projects within the class occur fre- quently;
2. The projects within the class in general will not have a significant effect on the envi- ronment due to their nature;
3. For classes of projects which by their nature may have a significant effect on the en- vironment, the projects within the class in gen- eral will not have a significant effect on the environment because sufficient guidelines for taking governmental action have been estab- lished by ordinance, by resolution, or by mo- tion to insure the conformity of the projects with the Environmental Quality Act of 1970. B. Development by City Council. The city council shall develop a list of classes of pro- jects which may be granted categorical exemp- tions in addition to those classes of projects exempted by the Environmental Quality Act of

C. Adoption by Resolution. The city clerk shall recommend to the city council those classes of projects which should be granted categorical exemptions. The granting or revo- 88 cation of a categorical exemption for a class of projects shall be by resolution. D. Effect of a Categorical Exemption. 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 envi- ronment. No environmental assessment or en- vironmental impact report is required for such a project. (Ord. 160 § 3, 1973)

A. Development of Procedure by City Council. The city council shall develop a pro- cedure for environmental assessments of pro- jects. Such procedure may be in the fonn of a questionnaire, a matrix, or any other fonn. B. Adoption of Procedure by Resolution. The city clerk shall recommend to the city council the procedure for environmental as- sessments of projects. The adoption or revision of such procedure shall be by resolution. C. Environmental Assessment by City Council. The city council shall make an envi- ronmental assessment for the following after the payment of the appropriate fee: I. Any project which does not qualify for a categorical exemption and which may require an environmental impact report under the Envi- ronmental Quality Act of 1970 and any regula- tions adopted pursuant thereto; 2. Any project which is submitted by the sponsor to the city council for an environ- mental assessment prior to the submittal of the project to the city for governmental action. D. Data from Sponsor. The city council 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 en- vironmental assessment of the project. E. Recommendation by City Council. If the city council finds that a project may have a significant effect on the environment, it shall record this recommendation in writing and, after the payment of the appropriate fee, pre- pare an environmental impact report for the project. F. Finding by Decisionmaker. If the city council recommends that a project does not have significant effect on the environment, each decisionmaker for the project shall con- firm or reject this recommendation and record his finding in writing and forward the same to the city council. In the event of a negative declaration, the city council shall file a negative declaration pursuant to state regulations with the appropriate agency. (Ord. 160 § 4, 1973)

report. A. Development of Procedure by City Council. The city council shall develop a pro- cedure for the preparation of environmental impact reports. Such procedure may be in the form of a questionnaire, a matrix, or any other form. B. Adoption of Procedure by Resolution. The city clerk 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 resolu- tion. C. Environmental Impact Report by City Council. The city council shall prepare an envi- ronmental impact report for the following after the payment of the appropriate deposit:

1. Any project which may have a signifi- cant effect on the environment and which re- 89 quires an environmental impact report under the Environmental Quality Act of 1970 and regulations adopted pursuant thereto;
2. Any project which is submitted by the sponsor to the city council for an environ- mental impact report prior to the submittal of the project to the city for governmental action. D. Supplemental Environmental Impact Report. The city council shall prepare a sup- plemental environmental impact report for a project whenever the same is required by the Environmental Quality Act of 1970 or regula- tions adopted pursuant thereto, whenever there is any data on the project or its proposed envi- ronment which was not previously considered in the environmental impact report, or when- ever it appears necessary to revise the original environmental impact report. E. Data from Sponsor. The city council 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 en- vironmental impact report or a supplemental environmental impact report on the project. F. Public Hearing. Before any governmen- tal action may be taken on a project which may have a significant effect on the environment, a public hearing shall be held on the environ- mental 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 city council has prepared a preliminary draft of the environmental impact report, it 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 pub- lished and circulated in the city, the first publi- cation of which shall be at least four days prior to the time set for the hearing. Any environ-

mental 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 sha11 be received, the hearing may be continued from time to time. No decision on the environmental impact of the project or on the proposed gov- ernmental action is necessary at such a hearing. G. Finding by Decisionmaker. Each deci- sionmaker 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 or her findings in writing. If a decision- maker finds that the environmental impact re- port or any supplemental environmental impact report is not sufficient, he or she shall transmit the project to the city council for a supplemen- tal environmental impact report. H. Use of Environmental Impact Report. Every decisionmaker for a project shall con- sider 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:

1. Authorization of a project may be de- nied if, in the opinion of the city council and the decisionmaker: a. Its adverse environmental effect out- weighs its beneficial environmental effect; or b. A feasible alternative exists having a lesser adverse environmental effect.
2. A project may be authorized subject to conditions reasonably calculated to: a. Minimize the adverse environmental effect of the project; or 90 b. Maximize the beneficial environmental effectoftheproject. (Ord. 160 § 5, 1973)