Dunsmuir Municipal Code Art. V Environmental Impact Report

The technical committee shall develop a procedure for the preparation of environmental impact reports. Such procedure may be in the form of a questionnaire, a matrix or any other form.

(Prior code § 7A-36; Ord. No. 549, § 1, 7-30-2015)

The city manager 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 resolution.

(Prior code § 7A-37; Ord. No. 549, § 1, 7-30-2015)

The technical committee shall prepare an environmental impact report for the following after the payment of the appropriate deposit:

A. Any project which may have a significant effect on the environment and which requires an environmental impact report under the Environmental Quality Act of 1970 and regulations adopted pursuant thereto;

B. Any project which is submitted by the sponsor to the technical committee for an environmental impact report prior to the submittal of the project to the city for governmental action.

(Prior code § 7A-38; Ord. No. 549, § 1, 7-30-2015)

The technical committee shall prepare a supplemental environmental impact report for a project whenever the same is required by the Environmental Quality Act of 1970 or regulations adopted pursuant thereto, whenever there is any data on the project or its proposed environment which was not previously considered in the environmental impact report, or whenever it appears necessary to revise the original environmental impact report.

(Prior code § 7A-39; Ord. No. 549, § 1, 7-30-2015)

The technical committee 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 environmental impact report or a supplemental environmental impact report on the project.

(Prior code § 7A-40; Ord. No. 549, § 1, 7-30-2015)

The technical committee shall make a recommendation in the environmental impact report and any supplemental environmental impact report as to the governmental action to be taken on the project, based on the effect of the project on the environment.

(Prior code § 7A-41; Ord. No. 549, § 1, 7-30-2015)

Before any governmental action may be taken on a project which may have a significant effect on the environment, a public hearing shall be held on the environmental 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 technical committee has prepared a preliminary draft of the environmental impact report; it shall so notify the planning commission which 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 published and circulated in the city, the first publication of which shall be at least four days prior to the time set for the hearing. Any environmental 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 shall be received. The hearing may be continued from time to time. No decision on the environmental impact of the project or on the proposed governmental action is necessary at such hearing.

(Prior code § 7A-42; Ord. No. 549, § 1, 7-30-2015)

Each decisionmaker 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 finding in writing. If a decisionmaker finds that the environmental impact report or any supplemental environmental impact report is not sufficient, he shall transmit the project to the technical committee for a supplemental environmental impact report.

(Prior code § 7A-43; Ord. No. 549, § 1, 7-30-2015)

Every decisionmaker for a project shall consider 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:

A. Authorization of a project may be denied if, in the opinion of the technical committee and the decisionmaker:

1. Its adverse environmental effect outweighs its beneficial environmental effect;

2. A feasible alternative exists having a lesser adverse environmental effect.

B. A project may be authorized subject to conditions reasonably calculated to:

1. Minimize the adverse environmental effect of the project; or

2. Maximize the beneficial environmental effect of the project.

(Prior code § 7A-44; Ord. No. 549, § 1, 7-30-2015)

In the event the decisionmaker denies authorization of a project, the sponsor may appeal said decision to the city council of the city by filing a written notice of said appeal within ten (10) days from the denial of the project. In the event of such appeal, the city council shall hold a public hearing with notice given substantially as set forth in Section 18.04.290, and the city council is authorized to confirm, amend, modify or authorize a project if it finds that error has been committed by the decisionmaker from whom the appeal is made. Such decision of the city council shall be made within fifteen (15) days from the date of the public hearing, and shall be reflected upon the minutes of the city council and note specifically the reasons for the affirmation, modification or granting of the project authorization.

(Prior code § 7A-45; Ord. No. 549, § 1, 7-30-2015)