Huron Municipal Code Art. I In General

The ordinance codified in this chapter is adopted pursuant to the provisions for local implementation of the Environmental Quality Act of 1970, "CEQA," as amended.

(Ord. 122 Part A (part), 1973)

The purpose of this chapter is to provide the necessary information and procedures for the preparation and evaluation of Environmental Impact Reports (EIR's) on projects in the City of Huron which would have a significant effect on the environment.

(Ord. 122 Part A §1, 1973)

As outlined in Sections 21000 and 21001 of the CEQA, every public agency and every citizen has an obligation to take all action necessary to protect, rehabilitate and enhance the environment of the State.

An environmental impact report is an informational document which, when fully prepared in accordance with the CEQA and this chapter, will inform public decision-makers of the environmental effects of projects they propose to carry out or approve.

(Ord. 122 Part A §2, 1973)

A. It is necessary for the sponsor of a project to determine if the project will have a significant effect upon the environment. Only those projects which may have a significant effect on the environment require the preparation of an EIR.

B. The determination of whether a project may have a significant effect on the environment calls for careful judgment. An iron-clad definition of significant effect is not possible because the significance of an activity may vary with the setting. Examples of significant impact include the following consequences and potential consequences:

1. Disrupts, alters or destroys an historic or archaeological site, or its immediate surroundings;

2. Has a substantial impact on natural, ecological, recreational or scenic resources;

3. Displaces substantial numbers of people;

4. Is inconsistent with environmental plans and goals that have been adopted by the community;

5. Causes increased congestion (traffic, recreational, other);

6. Has a substantial aesthetic or visual effect;

7. Breaches any national, state or local standards relating to the environment; has a detrimental impact on air and water quality or on ambient noise levels for adjoining areas; involves the possibility of contaminating a public water supply system or affecting ground water, flooding, erosion or sedimentation; is subject to major geologic hazards;

8. Involves extensive use of pesticides or rodenticides;

9. Affects a rare or endangered species of animal or plant, or habitat of such a species;

10. Causes substantial interference with the movement of any resident or migratory fish or wildlife species;

11. Induces substantial growth or concentration of population; and

12. Causes a seriously adverse public reaction based on environmental issues.

C. If any of the following conditions are found to exist as a result of a project, the project will be found to have a significant effect on the environment:

1. Impacts which have the potential to degrade the quality of the environment, curtail the range of uses of the environment, or reduce the diversity in the environment;

2. Impacts which achieve short-term, to the disadvantage of long-term, environmental goals. A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts are effects which will endure well into the future; and

3. Impacts with substantial primary or secondary consequences. Primary consequences are immediately related to the project, while secondary consequences are related more to primary consequences than to the project itself;

4. Impacts for a project which are individually limited, but cumulatively considerable. A project may impact on two (2) or more separate resources where the impact on each resource is relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. This provision does not apply to two or more separate projects where the impact of each is insignificant;

5. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.

D. An EIR must also be prepared whenever a proposed activity will impact on a resource of critical concern, as identified by the California Office of Planning and Research, and specified in the Environmental Goals and Policies of the State adopted by the Governor, due to the extreme likelihood of significant impact. The EIR must specify how the critical resources of the area will be protected.

E. The following have been found not to have a significant impact upon the environment, and are declared to be categorical exemptions:

1. Class 1. Repair, maintenance or minor alteration of existing structures, facilities or machinery, such as:

a. Interior alterations, involving, for example plumbing and electrical conveyances that do not lead to increased use or capacity,

b. To public utility construction and facilities,

c. To existing private and public streets, sidewalks, gutters and similar public service facilities,

d. Reconstruction or restoration of a damaged structure, unless it is determined that the damage resulted from an environmental (particularly geologic) hazard, such as an earthquake or landslide,

e. Additions to existing buildings provided there is no requirement for a zoning amendment or variance or it will not result in an increase of more than twenty-five (25) percent of the building size,

f. Addition of safety or health protection devices for use during construction or in conjunction with existing structures, which will not alter the physical character of the area, or involve fresh impacts on the environment.

2. Class 2. Construction of individual (where not in conjunction with a residential development of two (2) or more such structures) detached, single- and double-family residential structures and attendant facilities, such as:

a. Involving building permits for single-family and duplex structures by individual builders,

b. Water main, sewage, electrical, gas and other utility extensions to serve such construction, as long as the extension is of no greater length than the dimension of the property itself,

c. Construction of reasonable accessories attached to such structures including garages, carports, patios, swimming pools, fences, where there is existing zoning for such uses, and where there would be no impact on resources of critical environmental concern.

3. Class 3. Certain alterations in the condition of land, such as:

a. Involving grading permits for less than three hundred (300) cubic yards of earthwork, unless the grading is located in a scenic area, a drainage channel, a streambed or a geologically hazardous area,

b. Involving permits for gardening and landscaping on small tracts of land (e.g., right-of-way strips),

c. Filling of earth into previously excavated land,

d. Clearance of land by demolition and removal of buildings and related structures, except where they are of historical or archaeological significance, where there would be no impact on resources of critical environmental concern.

4. Class 4. Certain alterations in land use regulation or limitations, such as:

a. Lot line adjustments,

b. Zoning reclassifications from existing residential, commercial or industrial zones to new zones to provide more beneficial environmental impact from the land use,

c. Issuance of encroachment permits, where there is no impact on a resource of critical environmental concern.

(Ord. 122 Part B §1, 1973)

A. If a sponsor is proposing to undertake a project, he must first determine whether it qualifies or not under an existing categorical exemption (see above). If the project does qualify, no further action need be taken.

B. If the project does not qualify under an existing categorical exemption, it may still be part of a class of projects which will not significantly affect the environment.

C. If the project is not part of a class of projects that qualify for a categorical exemption, the sponsor should conduct an initial study to determine if the project would have a significant impact on the environment. If it is determined that the project would not have a significant impact, the sponsor may prepare a negative declaration instead of an environmental impact report.

1. A negative declaration is a statement by the sponsor that the project in question will not have a significant effect on the environment. A negative declaration must include a description of the project as proposed, a description of the environment existing before commencement of the project, and detailed information supporting the contention that the project will not have a significant effect on the environment.

2. The negative declaration should be filed with the city clerk at least thirty (30) days before action is taken by the city council regarding the project. The negative declaration followed by notice of the action taken regarding the project (approval or disapproval) must be filed with the city clerk and the Fresno County clerk.

3. If the sponsor finds, after an initial study, that the project will have a significant effect on the environment, the sponsor must prepare or cause to be prepared by contract, an environmental impact report and must file it with the city clerk for approval or disapproval by the city council.

E. If the project is being proposed to meet an emergency as defined in the CEQA or Guidelines issued by the Resources Agency of California, the sponsor is not required to prepare an EIR.

(Ord. 122 Part B §2, 1973)

A. The precise location and boundaries of the proposed project must be shown on a detailed map included in the EIR.

B. A statement of the objectives sought by the proposed project must be included. This can be as detailed as desired by the sponsor.

C. A general description of the project's physical (technical and environmental) characteristics, considering the principal engineering proposals, must be included. The description should not supply extensive detail beyond that needed for evaluation and review of environmental impact.

D. Any applicable governmental agency public notice or permit number should be referenced with dates.

(Ord. 122 Part C §1, 1973)

An EIR must include a description of the environment as it exists before commencement of the project, from both a local and a regional perspective.

(Ord. 122 Part C §2, 1973)

All phases of a project must be considered when evaluating its impact on the environment: acquisition, development and operation.

A. The environmental impact of the proposed action: Describe the direct and indirect impacts of the project on the environment, giving due consideration to both the short-term and long-term effects.

It shall include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services.

Both quantitative and qualitative information should be included, but quantitative data should not be over-emphasized at the expense of qualitative judgments. Qualitative judgments should be based on factual information.

B. Any adverse environmental effects which cannot be avoided if the proposal is implemented: Describe any adverse impacts, including those which can be reduced to an acceptable level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design (see subsection D below), their implications and the reasons why the project is being proposed, notwithstanding their effect, shall be described in detail. Do not neglect impacts on any aesthetically valuable surroundings, or on human health.

C. Mitigation measures proposed to minimize the impact: Describe any mitigation measures written into the project plan to reduce significant environmentally adverse impacts to acceptable levels, and the basis for considering these levels acceptable. Where a particular mitigation measure has been chosen from among several alternatives, the other alternatives must be discussed and reasons should be given for the choice made.

D. Alternatives to the proposed action: Describe any known alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Second, describe any mitigation measures which could be feasibly incorporated into the project plans to alleviate any significant environmentally adverse impact (and which were not discussed under paragraph c above) and the reason these have not been included. Attention should be paid to alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives.

E. The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment, from the perspective that each generation is trustee of the environment for future generations. Special attention shall be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, shall be explained.

F. Any irreversible environmental changes which would be involved in the proposed action should it be implemented: Uses of renewable and nonrenewable resources during the initial and continued phases of the project are basically irreversible since a large commitment of resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Any irretrievable commitments of resources shall be evaluated to assure that such current consumption is justified.

G. The growth-inducing impact of the proposed action: Discuss the ways in which the proposed project could foster population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth. Increases in the population may further tax existing resources, so consideration must be given to this impact. With or without anticipated population growth as a result of the project, it should be recognized that some projects may encourage and facilitate other projects that could significantly affect the environment, either individually or cumulatively. This aspect must be discussed as well. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment.

H. The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization must be given.

With respect to water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards, reference to the certification should be made.

(Ord. 122 Part C §3, 1973)

Along with the above elements, the final EIR must summarize the comments and suggestions made by those who reviewed a draft of the EIR, and must describe the disposition of issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular the major issues raised when the sponsor's position is at variance with recommendations and objections must be addressed in detail (e.g., reasons why specific comments and suggestions could not be accepted, and factors of overriding importance prohibiting the incorporation of suggestions).

(Ord. 122 Part C §4, 1973)

A. A public hearing on the environmental impact of a proposed project shall be held when the city council determines it would facilitate the resolution of controversy over environmental issues or when the city council needs information about public opinion on a proposed project. This hearing may be held in conjunction with hearings on other aspects of the project, especially as part of normal planning activities. Issues raised in a hearing should be addressed in the final EIR.

At the option of the city council, the hearing may be before the planning commission or the council. If the hearing is before the planning commission, the commission shall make recommendations to the council. In that event, council shall consider the commission's recommendations in reaching the council's decision.

B. A draft EIR may be used as the outline for discussion at a public hearing, if it is available.

C. Public notice for a hearing should be given in the same manner as the notice of adoption of ordinances, no later than fifteen (15) days before the hearing. The notice should briefly describe the project, highlight the major environmental impacts expected, and indicate where the EIR can be obtained if it is available.

(Ord. 122 Part D §1, 1973)