§ 16.04

The purpose of the ordinance codified in this chapter is to implement the Environmental Quality Act, Public Resources Code § 21050 et seq. insofar as it is applicable to the town.

(Code 1987, § 16.04.010; Ord. No. 100, § 2, 1973)

(a)

The provisions of this chapter shall be construed 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 as restrictive as required by such state law insofar as possible.

(b)

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.

(c)

Nothing in this chapter shall preclude the town from taking such other action in respect to projects as is deemed necessary by the town to obtain full compliance with by the town with the provisions of the Environmental Quality Act.

(d)

The adoption of this chapter shall not be construed to invalidate any past governmental action by the town, which did not comply with the provisions of this chapter or of the Environmental Quality Act, Public Resources Code § 21050 et seq. Any past governmental action by the town on the following types of projects is ratified and approved:

(1)

Projects, which would not have a significant effect on the environment.

(2)

Projects for which there was substantial compliance with the provisions of this chapter or of the Environmental Quality Act, Public Resources Code § 21050 et seq.

(3)

Projects, which received environmental approval from the state or federal government.

(4)

Projects for which the environmental impact was considered by the town even though there was no environmental impact report prepared.

(Code 1987, §§ 16.04.020, 16.04.030; Ord. No. 100, §§ 2.1, 2.2, 1973)

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Categorical exemption means the immunity of a class of projects from the necessity for an environmental assessment, either based upon an exemption under the Environmental Quality Act, Public Resources Code § 21050 et seq. or based upon a determination that the type of projects comprising the class normally will have no significant effect on the environment.

Decision maker means any agency, official or employee of the town who is authorized to take governmental action on project, including, but not limited to, the town council.

Discretionary project means a project for which the government action requested allows a latitude of decision within which the decision maker determines issues for that project according to the circumstances and according to the judgment of the decision maker, that is, the decision maker is not expressly controlled by fixed rules of law.

Environment means the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and objects of historic or aesthetic significance. The general term "environment" is divided into the following categories:

(1)

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, to:

a.

The psychosocial environment, comprising buildings, roads and all manufactured objects;

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 significant effect on the environment.

Environmental documents means all of the papers pertaining to specific projects, which are prepared by the town and are relied upon as the basis, proof or support of the environmental impact of the project.

Environmental impact report means the detailed written statement and comments as defined in the Environmental Quality Act, Public Resources Code § 21050 et seq.

Governmental action means the proposed authorization by the town of a project or a discrete part of a project. Such proposed authorization may be by ordinance, resolution, contract, lease, permit, license or any other form of entitlement to proceed with the project proposed.

Ministerial project means a project for which the governmental action requested allows no latitude of decision within which the decision maker determines issues for that project according to the circumstances and according to the judgment of the decision maker; that is, the decision maker is expressly controlled by fixed rules of law.

Project means a planned undertaking requiring governmental action on the undertaking as a whole or on any discrete part of the undertaking authorizing land acquisition, site development, building alteration, building construction or any significant intensification of the use of land. The term "project" as defined by the Environmental Quality Act, Public Resources Code § 21050 et seq. includes the following:

(1)

Activities directly undertaken by the town;

(2)

Activities undertaken by a person other that the town which are supported in whole or in part through contracts, grants, subsidies, loans or other forms of assistance from the town;

(3)

Activities involving the issuance to a person other than the town of a lease, permit, license, certificate or other entitlement for use by the town.

Significant effect on the environment means an important result, either beneficial or adverse, in the environment of the 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 qualities of the effect:

a.

Its magnitude;

b.

Its duration;

c.

Its proximity to the project site;

d.

The number of individuals directly affected by it;

e.

The closeness of its relationship to the physical environment.

(2)

In accordance with the legislative intent stated in the Environmental Quality Act, Public Resources Code § 21050 et seq., the effects on the following items are deemed to be more significant than other environmental effects:

a.

Aesthetic environmental qualities;

b.

Natural environmental qualities;

c.

Scenic environmental qualities;

d.

Historic environmental qualities, especially examples of the major periods of state history;

e.

The maintenance and perpetuation of fish and wildlife species;

f.

Freedom from excessive noise;

g.

Waste disposal and environmental pollution.

Sponsor means the person who submits a project or a discrete part of a project for governmental action.

(Code 1987, §§ 16.08.010—16.08.110, 16.08.130—16.08.150; Ord. No. 100, §§ 1, 1.1—1.10, 1.12, 1.14, 1973)

CHAPTER 16.08. - ADMINISTRATION