Chapter 16.05
ENVIRONMENTAL REVIEW
Sections:
16.05.020 Environmental review – Application.
16.05.040 Procedure – City council.
16.05.050 Limitation of time for bringing legal action.
16.05.070 Chapter not exclusive.
16.05.010 Definitions.
“California Environmental Quality Act (CEQA)” means California Public Resources Code Sections 21000 through 21174 and as subsequently amended.
“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, 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,” who shall evaluate projects, impacts, and reports, and take other actions relative to environmental review as instructed by the city council, shall be the planning commission of the city of Willows.
“Project” means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following:
(a) 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.
(b) 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.
(c) 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 the environment. [Ord. 510-74, 10-15-74; Ord. 492-73, 3-26-73. Prior code § 18-1].
16.05.020 Environmental review – Application.
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. [Ord. 492-73, 3-26-73. Prior code § 18-2].
16.05.030 Guidelines.
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. [Ord. 492-73, 3-26-73. Prior code § 18-3].
16.05.040 Procedure – City council.
(1) 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.
(2) 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.
(3) At the conclusion of the hearing before the council, said hearing shall be declared closed and the council shall, within 30 days thereafter, make its determination, findings, and:
(a) Determining whether or not the proposed project will have any significant effect on the environment;
(b) Approving, conditionally approving, or denying approval of the proposed project.
(4) 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 subsection (3) of this section shall be made without public hearing by the city council.
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. [Ord. 492-73, 3-26-73. Prior code § 18-4].
16.05.050 Limitation of time for bringing legal action.
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 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. [Ord. 492-73, 3-26-73. Prior code § 18-5].
16.05.060 Effective date.
This chapter is declared to be an emergency ordinance to take effect immediately, the nature of such emergency being to preserve the public peace, welfare, health and safety, and the necessity of immediately providing the procedures by which the city of Willows may comply with the California Environmental Quality Act of 1970, as amended by Chapter 1154 of the Statutes of 1972 (AB 889). [Ord. 492-73, 3-26-73. Prior code § 18-6].
16.05.070 Chapter not exclusive.
Nothing in this chapter shall preclude the city of Willows from taking such other action in respect to the approval, conditional approval, or denial of projects, as is deemed necessary by the city council to obtain full compliance with the requirements of the California Environmental Quality Act of 1970. [Ord. 492-73, 3-26-73. Prior code § 18-7].