Dunsmuir 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 § 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)

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)