Chapter 8.04 — ENVIRONMENTAL REVIEW PROCEDURES

As used in this chapter:

"California Environmental Quality Act (CEQA)" means California Public Resources Code Sections 21000 through 21174.

"Environment" means the physical conditions which exist in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise and objects of historic or aesthetic significance.

"Environmental impact report (EIR)" means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act.

"Environmental review commission" means three or more persons designated by the city council who shall evaluate projects, impacts and reports, and take other actions relative to environmental reviews as instructed by the city council.

"Project" means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following:

An activity directly undertaken by the city or public agency, including but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption of local general plans or elements thereof;

An activity undertaken by a person which is supported in whole or in part through city contracts, grants, subsidies, loans, or other forms of assistance from the city or other public agency;

An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by the city.

"Significant effect" means a substantial adverse impact on environment.

(Prior code § 14000)

All projects within the city which may have a significant effect on the environment shall be reviewed and evaluated by the environmental review commission. For all projects which the commission determines will, in fact, have a significant effect on the environment, an environmental impact report shall be prepared.

(Prior code § 14010)

Environmental review of any project shall be subject to fees which shall be determined as detailed in Table A of this section.

CITY OF ORLAND MUNICIPAL FEES TABLE A: CEQA ENVIRONMENTAL REVIEW FEE SCHEDULE

Task # Task Description City Planner Hours New Fee Included in Fee

The city council shall adopt, by resolution, guidelines for the evaluation of projects and for the preparation and processing of environmental impact reports. These guidelines shall establish rules and standards for determination of significant effect and for determination of the necessity for environmental review of individual projects.

(Prior code § 14020)

A.

When an environmental impact report is submitted to the city council by the environmental review commission, the council shall review the report and determine if an additional public hearing is required to adequately inform the council of the facts regarding the project.

B.

Should the city council determine, from the environmental impact report, that sufficient public hearing has been conducted by the commission during preparation of the report, and that unnecessary delay would result from an additional public hearing, the determinations listed in Section 8.04.070 shall be made without public hearing by the city council.

(Prior code § 14030(1), (4))

If deemed necessary, the city council shall set the time and place for a public hearing on the report, and give notice thereof in the manner and for the time required by this code. At the time set for hearing, the city council shall proceed to hear viewpoints and recommendations from interested agencies, department heads, members of the environmental review commission, and from private organizations and persons affected. Such hearings may be continued from time to time.

(Prior code § 14030(2))

A.

At the conclusion of the hearing before the council, the hearing shall be declared closed and the council shall, within thirty (30) days thereafter, make its determination, findings, and determining:

Whether or not the proposed project will have any significant effect on the environment;

Approving, conditionally approving or denying approval of the proposed project.

B.

In making its determination, the council shall be guided by the provisions of Chapter 1 of the Environmental Quality Act of 1970, provided, however, that determination by the council that the proposed project would have a significant adverse effect upon the environment shall not preclude the council from approving or conditionally approving the project.

(Prior code § 14030(3))

Any action or proceeding to attack, review, set aside, void or annul any decision upon matters covered by this chapter, or concerning any of the proceedings, acts or determinations taken or done prior to such decision, 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 final decision by the city council. 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.

(Prior code § 14040)