Modesto Municipal Code Ch. 10 Environmental Impact

No permit, license or other similar entitlement shall be issued or approved by the City if the proposed project may have a significant effect on the environment until an environmental impact report has been prepared and has been approved by the City. The Council may by resolution adopt guidelines and procedures for determining what projects may have a significant effect on the environment and for the preparation and approval of environmental impact reports, and consideration of the issuance or approval of any permit, license or other similar entitlement may be deferred until the applicant shall have fully complied with such guidelines and procedures. In the event the City makes a determination, based on an Environmental Impact Report, that the project may have a significant adverse effect on the environment, the City may defer, deny, in whole or in part, or impose reasonable conditions on the issuance of such permit, license or other similar entitlement based upon such adverse effect on the environment.

(Added by Ord. 1236-C.S., amended by Ord. 1295-C.S., effective 11-14-73)

Any person aggrieved by any action taken by any city official pursuant to this chapter, or any guidelines or procedures issued hereunder, may appeal said action to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this Code. The decision by the City Council on such appeal shall be final.

(Ord. 1236-C.S., amended by Ord. 1295-C.S., effective 11-14-73)

Any action or proceeding to attack, review, set aside, void or annul any decision made pursuant to this chapter or any guidelines or procedures issued hereunder, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decisions, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within thirty (30) days after the date of such decision. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

(Ord. 1236-C.S., amended by Ord. 1295-C.S., effective 11-14-73)

Nothing in this chapter nor in any guidelines or procedures issued hereunder shall preclude the City of Modesto from taking such other action in respect to the approval, conditional approval, denial or revocation of any permit, license or other similar entitlement as is determined necessary by the City in order to obtain full compliance with the requirements of the Environmental Quality Act of 1970.

(Ord. 1236-C.S., amended by Ord. 1295-C.S., effective 11-14-73)