(2)AR 011607 Endangered Species - Laserfiche WebLink

Browse Search

3. Signage designed to prohibit trespassing, illegal dumping, and/or other disturbances to the species; 4. Adequate funding; 5. Remedial actions designed in conjunction with a Wildlife Agency or some other authoritative source; 6. All measures and conditions included in the proposed habitat conservation use; 7. Prohibition of activities inconsistent with habitat conservation; 8. Implementation of Best Management Practices to reduce or eliminate wind or stormwater erosion; 9. Any other condition consistent with the United States Department of the Interior, Fish and Wildlife Service, Guidance for the Establishment, Use, and Operation of Conservation Banks, May 2, 2003, or other similar guidance published by a Wildlife Agency. State CEQA Guidelines, § 15308 - Actions by Regulatory Agencies for Protection of the Environment Section 15308 exempts the following activities: [A]ctions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. The use of this exemption was upheld when applied to a county's adoption of an ordinance prohibiting the use of sewage sludge as a fertilizer within the county. (Magan v. County of Kings (2002) 105 Cal.App.4th 468.) This exemption does not apply to actions that remove protections for the environment. (International Longshoremen's and Warehousemen's Union v. Board of Supervisors (1981) 116 Cal. App. 3d 265 (exemption does not apply to relaxation of air quality standards).) The following evidence and analysis supports the application of the Class 8 exemption to this Ordinance: • The proposed ordinance would be an action taken by the City. • The City is a regulatory agency authorized by state law to regulate land use. (Cal. Const. art. XI, § 7; De Vita v. County of Napa (1995) 9 Cal.4th 763, 782; Cal. Gov. Code, §§ 65300 et seq. (general and specific plans), 65800 et seq. (zoning regulations).) • The ordinance would be adopted to assure the maintenance, restoration, or enhancement of the environment (i.e., endangered species habitat as well as air and water quality in the City). Just as special management measures may be