Chapter 5-10
ENVIRONMENTAL IMPACT

Sections:

5-10-01  Compliance with environmental impact regulations.

5-10-02  Appeals.

5-10-03  Limitations on actions.

5-10-04  Other actions not precluded.

5-10-01 Compliance with environmental impact regulations.

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 guide lines 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 the 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 guide lines 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.

5-10-02 Appeals.

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

5-10-03 Limitations on actions.

Any action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to the provisions of this chapter or any guide lines or procedures issued hereunder, or concerning any of the Proceedings, acts, or determinations taken, done or made 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 the date of such decision. Thereafter, all persons shall be barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations.

5-10-04 Other actions not precluded.

Nothing set forth in this chapter or in any guide lines or procedures issued hereunder shall preclude the City 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 of the State.