Live Oak, Sutter County Municipal Code Ch. 2.16 Environmental Protection Committee

The ordinance codified in this chapter is enacted to protect the public safety, health, and welfare and is adopted as an urgency measure pursuant to Section 25123 of the Government Code of the State. The facts showing this urgency are: the Legislature of the State enacted the California Environmental Quality Act of 1970 which went into effect on November 23, 1970; in 1972 the Legislature of the State enacted Chapter 1154 amending the Environmental Quality Act of 1970; Section 21082 of the Public Resources Code requires all public agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports no later than sixty days after the Secretary of the Resources Agency has adopted guidelines pursuant to Section 21083 of the Public Resources Code. The Secretary of the Resources Agency adopted guidelines on February 3, 1973, thereby making the final date for the adoption of the ordinance, resolution, rule or regulation April 4, 1973.

(Ord. 172 § 16, 1973)

The guidelines for implementation of the California Environmental Quality Act of 1970, promulgated by the office of the Secretary for Resources of the State, adopted February 23, 1973, to the extent applicable, are incorporated by reference.

(Ord. 172 § 15, 1973)

An Environmental Protection Committee is established for the City.

(Ord. 172 § 1, 1973)

The Environmental Protection Committee shall be composed of persons to be designated by resolution adopted by the City Council.

(Ord. 172 § 2, 1973)

The Committee shall make a formal evaluation of all public projects or actions and all private projects or actions which require a lease, permit, license, certificate, or other entitlement for use from the City to determine whether such project or action may have a significant effect on the environment. The formal evaluation shall be consistent with the guidelines established from time to time by resolution adopted by the City Council.

(Ord. 172 § 3, 1973)

All meetings of the Committee shall be public except as otherwise provided by law.

(Ord. 172 § 13, 1973)

The members of the Committee shall serve without compensation, but the actual and necessary individual expenses in performing their duties as required by this chapter shall be a charge against the City subject to City regulations.

(Ord. 172 § 14, 1973)

If the Committee finds that the proposed project or action will not have a significant effect on the environment, it shall prepare and submit a "negative declaration" to that effect. The Committee shall file 10 copies of the negative declaration, together with the record in summary form which supports its findings, with the City Clerk; 10 copies of the negative declaration and supporting record with the public agency, department or official charged under State law with issuing the lease, permit, license, certificate, or other entitlement for use; and one copy with each member of the Committee.

(Ord. 172 § 4, 1973)

Upon receipt of the negative declaration and the supporting record, the City Clerk shall set a date, time, and place for a hearing before the City Council on the negative declaration. At least 10 days prior to the hearing, notice thereof shall be published by the City Clerk in accordance with Section 6061 of the Government Code, in a newspaper of general circulation which is circulated in the City. The date of the hearing shall be on a day provided by the Council for the holding of a regular meeting.

(Ord. 172 § 5, 1973)

If no request for review is made prior to or at the hearing, a determination that the project or action will have no significant effect on the environment shall be final and conclusive, and public action may proceed. If a request for review is made, the City Council shall order such further proceedings as it deems necessary.

(Ord. 172 § 6, 1973)

If the Committee finds that the proposed project or action may have a significant effect on the environment, it shall recommend to the City Council the course of action necessary to obtain an environmental impact statement consistent with law. The Council shall order appropriate action to develop the environmental impact statement required by law.

(Ord. 172 § 7, 1973)

The Committee shall be responsible for the draft of the environmental impact statement.

(Ord. 172 § 8, 1973)

The Committee shall file 10 copies of the draft of the environmental impact statement with the City Clerk; 10 copies with the public agency, department, or official charged under applicable City ordinance or under State law with issuing the lease, permit, certificate, or other entitlement for use; and one copy with each member of the Committee.

(Ord. 172 § 9, 1973)

Upon receipt of the environmental impact statement, the City Clerk shall set a date, time, and place for a hearing before the City Council on the environmental impact statement. At least 15 days prior to the hearing, notice thereof shall be published by the City Clerk in accordance with Section 6061 of the Government Code, in a newspaper of general circulation which is circulated in the City. The date of the hearing shall be on a day provided by the Council for the holding of a regular meeting.

(Ord. 172 § 10, 1973)

At the hearing, the Council shall receive comment from the staff and consultants employed by the City and shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall consider such testimony in making its determination. The Council may continue the hearing from time to time.

(Ord. 172 § 11, 1973)

Upon completion of the report and approval by the Council, the district, department or official shall proceed with the project or action or issue the lease, permit, license, certificate, or other entitlement for use.

(Ord. 172 § 12, 1973)