Loyalton Municipal Code Ch. 12.16 Environmental Quality

The purpose and intent of this chapter is to implement and supplement the California Environmental Quality Act contained in the Public Resources Code, Section 21000 and following, and the State Environmental Impact Report Guidelines contained in the California Administrative Code, Title 14, Division 6, Chapter 3, Section 15000 and following. This Chapter is intended to maintain a policy to enable the City of Loyalton to evaluate a project and determine whether it may have a significant effect upon the environment; to examine and institute methods of reducing or mitigating significant effects upon the environment; and to identify and consider alternatives to a project.

(a) “Board” means the City Council of the City of Loyalton,

(b) "CEQA" means the California Environmental Quality Act contained in the California Public Resources Code, Section 21000 and following.

(c) "Clerk" means the Clerk of the City of Loyalton.

(d) “Commission” means the Planning Commission of the City of Loyalton which is charged with the duty of administering this Chapter.

(e) "City" means the City of Loyalton.

(f) "Department” means the Planning Department of the City of Loyalton.

(g) “Fee” means the appropriate fee set forth by resolution of the City Council.

(h) "Preliminary Environmental Questionnaire" means a form provided by the City Planning Department and completed by the applicant for a proposed project which contains sufficient information concerning the proposed project and its environmental effect to provide a basis for the initial study to be performed by the City Planning Department.

(i) "State EIR Guidelines" means the State of California, Environmental Impact Report Guidelines contained in the California Administrative Code, Division 6, Chapter 3, Section 15000 and following.

An environmental review shall be conducted by the Department for discretionary projects proposed to be carried out or approved by the City, including, but not limited to the following: (a) Amendments to or enactment of zoning or land use ordinances; (b) Issuance of zoning variances which are not specifically exempted; (c) Issuance of special use permits; (d) Approval of tentative maps or tentative parcel maps; (e) Issuance of grading permits which are not specifically exempted; (f) Issuance of encroachment permits which are not specifically exempted; (g) Site plan review in any Scenic Corridor or Scenic Highway.

An environmental review shall not be required to be conducted by the Department for the following types of projects proposed to be carried out or approved the County: (a) Activities which are not defined as a "project" in the State EIR Guidelines and CEQA;

(b) "Emergency projects" as defined in the State EIR Guidelines and CEQA;

(c) "Ministerial projects" as defined in the State EIR Guidelines and CEQA; including but not limited to the following:

(1) Issuance of building permits when in the opinion of the Department, it can be clearly demonstrated that the issuance of the building permit will not result in any significant effect upon the environment; (2) Issuance of business licenses; (3) Approval of a final map or parcel map; (4) Approval of individual utility service connections and disconnections;

(d) "Categorical projects" as defined in the State EIR Guidelines and CEQA. Although these projects have been determined not to have a significant effect upon the environment, an environmental review by the Department shall be conducted when successive "categorical projects" of a similar nature and type and in the same location are being proposed to be carried out or approved by the City.

All applications for projects not specifically exempted from environmental review shall be filed with the Department and shall be accompanied by the following: (a) Completed and signed preliminary environmental questionnaire; and

(b) Appropriate fee; and

(c) Completed and signed appropriate project applications with fees; and

(d) Any supplemental information, maps, plot plans, and such as required by the Department.

An application for a proposed project which is subject to environmental review required by this Chapter shall not be accepted by the Department as a complete application until the completed and signed preliminary environmental questionnaire and project applications have been reviewed by the Department and found to be satisfactory except for projects which include an application for a parcel map or final map. In such cases, the application for a parcel map or final map shall not be accepted by the Department as complete until all environmental review and environmental documents which may be required have been completed and accepted by the City. When a period of time is stated for final City approval or denial of a project, such period of time shall not commence until the required applications for the project has been submitted and accepted by the Department as complete.

The Department, within thirty (30) days after receipt of a completed preliminary environmental questionnaire and complete project application, shall conduct an initial study of the proposed project to determine the adequacy of the submitted preliminary environmental questionnaire and to determine the potential significant effects the project may have on the environment. If the preliminary environmental questionnaire or proposed project application is found to be inadequate, the applicant shall be provided a written summary of the additional information necessary to make the preliminary environmental questionnaire and proposed project applications satisfactory to the Department. Failure of the Department to respond within thirty (30) days shall be deemed acceptance of the preliminary environmental questionnaire and proposed project application as satisfactory and complete. It the preliminary environmental questionnaire is found to be satisfactory, the Department shall complete the initial study and cause the proposed project to be placed upon the Planning Com­ mission agenda for an environmental assessment to be conducted by the Planning Commission.

The Planning Commission shall conduct an environmental assessment and shall consider the information contained in the initial study and any other information presented the applicant and commenting agencies, organizations, and interested persons. The Planning Commission shall make findings of facts and determine whether an environmental impact report will be required or a negative declaration will be filed for the proposed project. The Planning Commission shall find a proposed project to have a significant effect on the environment if any of the following impacts could occur as a result of a proposed project: (a) The proposed project will cause a serious public controversy;

(b) The proposed project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals;

(c) The proposed project has environmental effects which are individually limited but cumulatively considerable;

(d) The proposed project has the potential to substantially reduce the habitat of fish or wildlife; cause a fish or wildlife population to drop below self-staining levels; threaten to eliminate a plant or animal community; eliminate important examples of the major periods of California history or prehistory; or to degrade the quality of the environment including but not limited to:

(1) Conflict with adopted environmental plans and goals of the community or County;

(2) Have a substantial, demonstrable negative aesthetic effect;

(3) Substantially affect a rare or endangered species of animal or plant of the habitat of the species;

(4) Interfere substantially with the movement of any resident or migratory fish or wildlife species;

(5) Breach published National, State, or local standards relating to solid waste or litter control;

(6) Substantially degrade water quality;

(7) Contaminate a public water supply;

(8) Substantially degrade or deplete groundwater resources;

(9) Interfere substantially with groundwater re- charge;

(10) Disrupt or alter an archaeological site over 200 years old, an historic site or a paleontological site except as part of a scientific study of the site.

(11) Induce substantial growth or concentrations of population.

(12) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system;

(13) Displace a large number of people;

(14) Encourage activities which result in the use of large amounts of fuel or energy;

(15) Use fuel or energy in a wasteful manner;

(16) Increase substantially the ambient noise levels for adjoining areas;

(17) Cause substantial flooding, erosion or siltation;

(18) Expose people or structures to major geologic hazards;

(19) Extend a sewer truck line with capacity to serve new development;

(20) Substantially diminish habitat for fish, wildlife or plants;

(21) Create a public health hazard or potential public health hazard;

(22) Conflict with established recreational, educational, religious or scientific uses of the area;

(23) Disrupt or divide the physical arrangement of an established community;

(24) Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. The applicant shall be notified in writing by the Department of the Planning Commission determination on the environment assessments of the proposed project.

If the Planning Commission finds that the proposed project will not have a significant effect on the environment, it may issue a negative declaration. The negative declaration shall be prepared by the Department after consultation with all responsible agencies, commenting agencies and organizations and interested persons. The negative declaration shall contain the following information: (a) Brief project description of the proposed project including a commonly used name;

(b) Location of the proposed project;

(c) Name of proponent of proposed project;

(d) Findings supporting the determination that the proposed project will not have a significant effect on the environment;

(e) A copy of the initial study conducted by the Department;

(f) Mitigation measures, if any, to be included in the proposed project to avoid potential significant effects on the environment.

In issuing a negative declaration, the Planning Commission shall set a public review period of no less than ten (10) days and no more than thirty (30) days and shall cause a notice to be published in a newspaper of general circulation in the area affect­ ed by the proposed project and shall post such notice at the various public posting locations throughout the City. Such notice shall state the general description and location of the proposed project for which the negative declaration was issued and shall state the period for public review and comment. The negative declaration shall be filed with the City Clerk no later than 105 days following the acceptance by the Department of a complete project application. The Department shall file a notice of determination after a decision has been made by the City to carry out or approve a project for which a negative declaration has been prepared.

If the Planning Commission finds that a proposed project will have a significant effect on the environment, an environmental impact report shall be prepared for the proposed project. A. The applicant for the proposed project shall provide to the department, an estimate of project cost prepared a licensed engineer in the State of California. The Department, upon approval of the City Engineer of the estimate of cost, shall compute and collect a fee to be used by the Department in the preparation of the environmental impact report. B. The Department shall provide to all responsible agencies a "Notice of Preparation" that an environmental impact report will be prepared for a proposed project. This notice shall provided to all responsible agencies certified mail. The Department shall also consult with agencies, organizations, and persons which will be concerned with the environmental effects of the proposed project.

C. The Department shall determine whether the EIR shall prepared by one of the following methods, or combination thereof: (1) The City by contract retains professional planning consultants to prepare the draft environmental impact report; or

(2) The Department prepares the draft environmental impact report. D. The content and format of the draft environmental impact report shall be as follow: (1) Description of Project - The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact.

(a) A description of the location and boundaries of the proposed project. A vicinity map adequate to show boundaries and location of the project on an 8 ½” x 11” sheet.

(b) A statement of the objectives sought by the proposed project.

(c) If the project includes physical development, detailed description of proposed improvements. If no actual physical development is included in the project (i.e., rezoning, general plan amendment, etc.), a detailed description of the possible future uses, especially those which are likely to be or which the applicant expects to be established.

(2) Description of Environmental Setting - An Environmental Impact Report shall include a description of the environment in the vicinity of the project as exists before commencement of the project. This shall be from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact on such projects.

(3) Effects Found Not To Be Significant - The Environmental Impact Report shall emphasize study of the effects determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the initial study. The Environmental Impact Report shall contain a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail in the Environmental Impact Report. Attaching a copy of the initial study documents shall satisfy the requirement for such a statement.

(4) Environmental Impact - All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs.

(a) Environmental Impact and Mitigation Measures Proposed: Describe the direct and indirect impact of the project on project lands and on surrounding properties. The mitigation measures proposed to minimize this impact in each of the following environmental categories shall also be described in detail. Descriptions under the following categories shall include at least the following items.

(b) Any Adverse Environmental Effects Which Cannot Be Avoided If The Proposal Is Implemented: Where there are significant adverse impacts that cannot be alleviated without imposing an alternative design, the implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Do not neglect impacts on any aesthetically valuable surroundings, or on human health.

(c) The Relationship Between Local Short-Term Uses of Man's Environment 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. Special attention should 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 to proposed project fs believed by the sponsor to be justified now, rather than an option for further alternatives, should be explained.

(d) Alternatives To The Proposed Action: Describe any known alternatives to the project, or to the location of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project” must always evaluated, along with the impact. Attention should be paid to alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if those alternatives substantially impede the attainment of the project objectives, and are more costly.

(e) Any Irreversible Environmental Changes Which Would Be Involved In Proposed Action Should It Be Implemented: Primary impacts and particularly, secondary impacts (such as a highway improvement which provides access to a nonassessable area) generally commit future generations to similar uses. Irreversible damage can result from environmental accidents associated with the project. Irreversible commitments of resources should be evaluated to assure that such current consumption is justified. Irreversible effects generally are those which require more than a few years to reverse.

(f) The Growth - Inducing Impact Of The Proposed Action: Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this area are projects which would remove obstacles to population growth (a major expansion of a wastewater treatment plant might, for example, allow the more construction in service areas). Increases in the population may further tax existing community service facilities. therefore, consideration must be given to this impact. Also discuss any characteristics of those projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment.

(5) Organizations and Person Consulted - The identity of all federal state or local agencies, other organizations and private individuals consulted in preparing the draft Environmental Impact Report, and the identity of the persons. firm or agency preparing the draft Environmental Impact Report, and the identity of the persons, firm or agency preparing the draft Environmental Impact Report, by contract or other authorization must be given.

(6) Additional Project Material - In conjunction with the Draft Environmental Impact Report the following information shall be required to be submitted for each type of project.

(a) General Plan Amendments - A map outlining the boundary of the proposed amendment and indicating the current and proposed general plan designations. This map shall include all adjacent properties within 500 feet of the amendment boundary and the current general plan designation thereon. This shall include or be accompanied by a location map sufficient for a person unfamiliar with the project to locate same.

(b) Zone Amendments - A map outlining the boundary of the proposed rezoning and the current and proposed zone district designations. This map shall include all adjacent properties within 500 feet of the amendment boundary and the current general plan designation thereon. This shall include or be accompanied by a location map sufficient for a person unfamiliar with the project to locate same.

(c) Special Use Permits - A sufficient plot plan containing such information as may otherwise be required in filing an application for a Special Use Permit. Elevation drawings of any proposed structures shall also be required.

(d) Zoning Variances - A plot plan and elevation drawings of the proposal as required for filing of an application for a Variance Permit.

(7) Discussion in the Environmental Impact Report of additional parameters may be required depending on the scope and location of the project.

(a) Geology - Discuss the impact on surface geo­ logy and seismology. Include such items as slope and foundation stability and amount and size of cuts and fills. Discuss measures to mitigate the dangerous aspects of any seismic activity in the area.

(b) Soils - Discuss the immediate and long-term impact on soil chemistry, texture, and com­ paction. Also discuss the effect on the biota living in the topsoil zone.

(c) Drainage and Flood Control - Discuss the impact of such things as impenetrable surface coverage on infiltration and runoff. Include the mitigation measures designed to compensate for the effects of the project on infiltration rate, erosion potential, flood hazard, water table, and surface hydrology.

(d) Vegetation - Discuss the impact on the various plant communities in the area, and on the horizontal zones within these communities, (i.e., the ground cover, various levels of understory and the tree canopy). Indicate the effect on any rare or endangered species. Include mitigation measure to decrease the impact on the more critical communities and zones.

(e) Fire Hazard - Describe in detail the effects the proposed project might have on fire potential and fire hazard, Present, also, the mitigation measures proposed to deal with or eliminate the fire hazard. This is especially important in areas where natural vegetation may become fuel for wildfires.

(f) Wildlife - Consider the impact on major classes of animals in such area as habitat, available food and expected fluctuations or changes in populations. Include any rare or endangered species which would be affected by the project either directly or indirectly. Also discuss the project area's role as a buffer zone be­ tween man's activity and wildlife.

(g) Air Quality - Discuss the impact on air quality within the air basin within which the project is located. This shall be discussed both during construction and on a long- range basis (5 years)

(h) Water Quality and Quantity - Discuss the impact of this project on public water supply, on ground­ water, and on channeled surface flows. Compare baseline figures for the following parameters, harmful chemicals, temperature, and harmful bacteria count. For channeled surface flow, discuss the effects that changes in water quality will have on algal growth and riparian vegetation downstream from the project.

(i) Noise - Discuss noise generated by any aspect of the project. Include, if significant, decibel levels and frequency of occurrence. Dis­ cuss the effects of project- generated noise upon wildlife and humans potentially affected.

(j) Aesthetics - Describe in detail the project design with respect to considerations of unique physical features, scenic views (both from the project and of the project), landscape design, open space, and compatibility with developments in the surrounding area.

(k) Archaeology / History - Discuss the impact on any archaeolog1c or historic sites in the area.

(l) Sewage - Discuss the impact of sewage generated byte project. Include a description of the treatment and the resultant discharge anticipated and supply "will serve" letters from the serving entity.

(m) Power - Discuss in detail the electric power demands of the project and mitigation measures to lessen these demands on nonrenewable resources and supply “will serve" letters from the serving entity.

(n) Transportation - Discuss the impact of the proposed project air travel, highways and road congestion , railroads, water transport, and mass transit systems.

(o) Public Services - Discuss the impact of the proposed project upon all local districts, public entities, or public service facilities which provide services including but not limited to: Fire protection, police protection, medical facilities, parks and recreation, and school districts - and supply "will serve" letters from the serving entity. Special attention shall be given to the impact on local school districts, both elementary and high school. Such description shall include the increased student loading and other demands relative to tax revenue generation, and the capacity of the district to deal with these changes.

(p) Social Impacts - Discuss the impacts on the population including density, relocation, and composition with respect to age, ethnic group, and sex.

(q) Economic Impacts - Discuss the impacts on the economy of the area. Include influences on City services, surrounding property values, business expansion and market stimulation. E. The Department shall review the Draft Environmental Impact Report and recommend to the Planning Commission whether or not the Environmental Impact Report is in compliance with this chapter. The Planning Commission upon receipt of the recommendation of the Department shall accept

the Draft Environmental Impact Report, if in its independent judgement, it finds the following:

(1) The Draft Environmental Impact Report is an objective document fully disclosing all known facts relative to the proposed project and its effects upon the environment; and

(2) The document complies with the requirements of this chapter, the State Environmental Impact Report Guidelines; and the California Environmental Quality Act. The Planning Commission upon accepting the Draft Environmental Impact Report shall set a public review period of no less than thirty (30) days and no greater than ninety (90) days except how­ ever, the Planning Commission may grant an extension of time not to exceed an additional sixty (60) days to comment on the Environmental Impact Report if the request for extension is made by the applicant or if it appears that more information is necessary to determine the adequacy of the Draft Environmental Impact Report.

F. Upon acceptance of the Draft Environmental Impact Report the Planning Commission, the Department shall file a Notice of Completion with the State of California, Secretary of Resources and shall use the State of California, Office of Planning and Research, Clearinghouse Division to distribute the Draft Environmental Impact Reports to State agencies, boards, and commissions for review and comment. The Department shall provide copies of the Draft Environmental Impact Report to all responsible agencies, appropriate commenting agencies, organizations and persons concerned with the environmental effects of a proposed project. In addition, copies of the Draft Environmental Impact Report shall be placed on file with the Department; County Clerk; City Clerk, City of Loyalton, and public libraries operating within the County. The Department shall publish a notice, in a newspaper of general circulation in the area affected by the proposed project, stating the general location of the project and that a Draft Environmental Impact Report has been prepared and is available for public review shall be stated in the notice. All comments pertaining thereto shall be submitted to the Department in writing within the review period set out by the Planning Commission. G. The Department, after receipt of comments on the Draft Environmental Impact Report may request the applicant to amplify, clarify, correct, or otherwise supplement the information contained in the Draft Environmental Impact Report. H. The Planning Commission shall conduct at least one (1) public hearing on the Draft Environmental Impact Report during the review period set out by the Planning Commission.

The Department shall, within thirty (30) days following the completion of the public review and comment period, prepare a final Environmental Impact Report. A. The final Environmental Impact Report shall consist of the following:

(1) The draft Environmental Impact Report or a revision thereof;

(2) Comments and recommendations received on the draft Environmental Impact Report either verbatim or in summary;

(3) List of persons, organizations and public agencies commenting on draft Environmental Impact Report; and

(4) The responses of the Department to significant environmental points raised in the review and consultation process. The response of the City to comments received may take the form of a revision of the draft Environmental Impact Report or may take the form of an attachment to the draft Environmental Impact Report.

B. The Department shall present the final Environmental Impact Report to the Planning Commission if the Planning Commission is the final decision making body on a proposed project. The Planning Commission and City Council shall conduct a public hearing when considering a final Environmental Impact Report and shall certify that the final Environmental Impact Report has been completed in compliance with this chapter; State Environmental Impact Report Guidelines and CEQA and that the decision making body having final approval over the proposed project has reviewed and considered the information contained in the final Environmental Impact Report prior to approval of the proposed project.

C. The Department shall file a Notice of Determination after a decision has been made by the City to carry-out or approve a project for which a final Environmental Impact Report has been prepared and certified.

The decision of the Planning Commission relating to environ­ mental assessments may be appealed to the City Council. Determinations of the Planning Commission may be appealed by any person adversely affected by such determinations, provided however, determinations relating to the adequacy of Environmental Impact Reports may only be appealed by the applicant or by persons, organizations, or public agencies who submitted written comments during the public review period set out by the Planning Commission. An appeal shall be initiated by filing a written statement with the Clerk of the City of Loyalton within fifteen (15) days following the determination of the Planning Commission. The appeal shall be accompanied by the appropriate fee and shall contain the specific reasons for the appeal. Upon receipt by the Clerk of the City of Loyalton of an appeal in proper form, the City Council shall set a hearing date at the next regular meeting of the City Council. The City Council shall make findings and shall render a decision on the appeal to affirm, modify or reverse the decision of the Planning Commission.

LOYALTON CITY COUNCIL, CITY OF LOYALTON, STATE OF CALIFORNIA

IN THE MATTER OF

) ANIMAL CONTROL

)

ORDINANCE NO. 375

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)

THE CITY COUNCIL OF THE CITY OF LOYALTON DOES ORDAIN AS FOLLOWS:

Ordinance Section one: Part 13, Chapter 13.04, Sections 010 through .620 of the City of Loyalton Code are hereby repealed in their entirety and Section 010 through .550 are added to read as follows:

CHAPTER 13.04 – ANIMALS

Sections:
13.04.010 Animal Control 13.04.020
Animal Control Center 13.04.030 At Large 13.04.040 Chief of Animal Control 13.04.050 Animal 13.04.060 County 13.04.070 Health Department 13.04.080 Health Officer 13.04.090 Impoundment 13.04.100 Kennel 13.04.110 Owner 13.04.120 Person 13.04.130 Vaccination 13.04.140 Veterinarian 13.04.150 Common Name 13.04.160 Jurisdiction 13.04.170 Absence of Liability 13.04.180 Responsibility 13.04.190 Dogs Killing Livestock 13.04.200 Rules and Regulations 13.04.210 Authority to Carry Firearms 13.04.220 Arrest Without Warrant: Citation Procedure 13.04.230 Authority to Use Tranquilizers 13.04.240 Authority to Enter Property 13.04.250 Authority to Pursue 13.04.260 Summary Action 13.04.270 Violations 13.04.280 Animals Causing Property Damage 13.04.290 Nuisance Dogs 13.04.300 Vicious or Danger Animals 13.04.310 Duty to Report Bit 13.04.320 Taking Up Stray Animals 13.04.330 Animals Subject to Impoundment 13.04.340 Impoundment of Livestock 13.04.350 Period of Impoundment 13.04.360 Redemption 13.04.370 Disposition of Impounded Animals 13.04.380 Impound Fees

Sections:
13.04.390 Quarantine 13.04.400 Delivery of Carcass 13.04.410 Vaccination 13.04.420 Licenses 13.04.430 Renewal Notices 13.04.440 Kenneled Dogs 13.04.450 Kennel Licenses 13.04.460 Damage to Property 13.04.470 Dead Animal 13.04.480 Unlawful Disposal Prohibited 13.04.490 Exceptions 13.04.500 Cost of Removal
13.04.510 Responsibility of Livestock Owner 13.04.520 Status of Violations 13.04.530 Penalty for Violations 13.04.540 Severability 13.04.550 Damages