ORDINANCE OF THE HOOPA VALLEY TRIBE

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HOOPA VALLEY INDIAN RESERVATION

HOOPA, CALIFORNIA

TITLE 48

ORDINANCE NO. 02-98

DATE APPROVED: March 5, 1998

SUBJECT: LAND MANAGEMENT COMMISSION, PLANNING AND ZONING

ORDINANCE OF THE HOOPA VALLEY TRIBE

WHEREAS: The Hoopa Valley Tribal Council is the governing

body of the Hoopa Valley Indian Tribe of

California pursuant to authority in Article V,

Section 1, of the Constitution and Bylaws of the

Hoopa Valley Tribe as approved by the Commissioner

of Indian Affairs on august 18, 1972 and

subsequently confirmed and ratified by the United

States Congress on October 31, 1988 (25 U.S.C. §

13001 et seq.); ;

WHEREAS: The Hoopa Valley Tribal Council is authorized to

promulgate and enforce ordinances governing the

conduct of members and non-members of the Hoopa

Valley Indian Tribe within the exterior boundaries

of the Hoopa Valley Indian Reservation pursuant to

article IX of the Constitution and Bylaws of the

Hoopa Valley Tribe;

WHEREAS: The Hoopa Valley Tribal Council is authorized to

safeguard and promote the peace, safety, morals

and general welfare of the Hoopa Valley Indians

pursuant to Article IX of the Constitution and

Bylaws of the Hoopa Valley Tribe; and

WHEREAS: The Hoopa Valley Tribal Council is authorized to

negotiate with the federal, state and local

governments on behalf of the Hoopa Valley Tribe

pursuant to Article IX of the Constitution and

Bylaws of the Hoopa Valley Tribe.

NOW, THEREFORE, BE IT RESOLVED, that the following Ordinance

is hereby adopted and shall be effective upon

- approval by the Hoopa Valley Tribal Council.

ORDINANCE OF THE HOOPA VALLEY TRIBE

LAND MANAGEMENT COMMISSION

DIVISION 1. PLANNING AND ZONING

Article 1. Local Planning |

The Hoopa Valley Tribe hereby establishes a planning agency

with the powers necessary to carry out the purposes of this

title. The Tribal Council further assigns the functions of

the planning agency to the Hoopa Land Management Division as

the Land Management Commission, the Tribal Council itself,

or any combination thereof, as it deems appropriate and

necessary. In the absence of an assignment, the Tribal

Council shall carry out all the functions of the planning

agency.

The Land Management Commission shall report directly to the

Hoopa Valley Tribal Council. The Hoopa Valley Tribal Council

ghall specify the membership of the commission. In any

event, the Land Management Commission shall consist of at

least five members, all of whom ghall act in the public

interest. Three members of the Land Management Commission

shall be enrolled members of the Hoopa Valley Tribe and two

members shall be appointed from the community at large

representing the interests of fee land owners within the

Hoopa Valley Indian Reservation.

The Hoopa Valley Tribal Council, as the governing body of

the Hoopa Valley Indian Tribe, may participate as

legislative body, pursuant to the California Government Code

under subdivision (b) of Section 65101 on the Humboldt

County Association of Covernments and for that purpose may

enter into a joint powers agreement with the parties thereto

and shall be deemed to be a public agency for purposes of

Article 1 (commencing with Section 6500) of Chapter 5 of

Division 7 of Title 1. The California legislature finds and

declares that the unique circumstances of Humboldt County

necessitated this special law. (Added by Stats. 1987, Ch.

73.) ;

The Hoopa Valley Tribal Council may establish for its

planning agency any rules, procedures, or standards which do

not conflict with federal laws.

The Land Management Commission shall perform all of the

following functions:

~~,

(a) Prepare, periodically review, and revise, as

necessary, the land-use plan.

(b) Implement a general ,plan within one year of its

initial establishment through actions including, but

not limited to, the administration of specific plans

and zoning and subdivision‘ordinances.

the Tribe and the local public works projects of other

local agencies for their consistency with the general

plan.

(d) Endeavor to promote public interest in, comment on,

and understanding of the general plan, and regulations

relating to it.

(e) Consult and advise with public officials and

agencies, public utility companies, civic, educational,

professional, and other organizations, and citizens

generally concerning implementation of the general

plan.

(f) Promote the coordination of local plans and

programs with the plans and programs of other pubTic

agencies.

(g) Perform other functions as the Hoopa Valley Tribal

Council provides, including conducting studies and

preparing plans other than those required or authorized

by this title.

(h) Advise the Land Management Division in the issuance

of land leases pursuant to the Tribal Land

Assignment/Lease Ordinance.

The Hoopa Valley: Tribal Council shall provide the funds,

equipment, and accommodations necessary or appropriate for

the work of the planning agency. If the Hoopa Valley Tribal

Council establishes any fees to support the work of the

planning agency, the fees shall not exceed the reasonable

cost of providing the service for which the fee is charged.

The Hoopa Valley Tribal Council shall impose the fees

pursuant to Tribal policy.

In the performance of their functions, planning agency

personnel may enter upon any land and make examinations and

surveys, provided that the entries, examinations, and

surveys do not interfere with the use of the land by those

persons lawfully entitled to the possession thereof.

Upon request all public officials shall furnish to the

planning agency within a reasonable time any available

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information as may be required for the work of the planning

agency.

Article 2. Authority for and Scope of General Plans

The Land Management Commission shall prepare and the Hoopa

Valley Tribal Council shall adopt a comprehensive, longterm general plan for the physical development of the Hoopa

Valley Indian Reservation, and of any land outside its

boundaries which in the Land Management Commission judgment

bears relation to its planning.

In construing the provisions of this article, the Hoopa

Valley Tribal Council intends that the general plan and

elements and parts thereof comprise an integrated,

internally consistent and compatible statement of policies

for the adopting agency. |

The general plan shall be so prepared that all or individual

elements may be adopted’by the Hoopa Valley Tribal Council,

and so that it may be adopted by the Hoopa Valley Tribal

Council for all or part of the territory of the Reservation

and such other territory outside its boundaries which in its

judgment bears relation to its planning. The general plan

may be adopted in any format deemed appropriate or

convenient by the Hoopa Valley Tribal Council, including the

combining of elements. The Hoopa Valley Tribal Council may

adopt all or part of a plan of another Tribal or public

agency if the plan of the other Tribal or public agency is

sufficiently detailed and its contents are appropriate, as

determined by the Hoopa Valley Tribal Council.

(a) The general plan may be adopted as a single

document or as a group of documents _ relating to

subjects or geographic segments of the planning area.

(b) The general plan shail address each of the elements

specified in this Section to the extent that the

subject of the element exists in the planning area. The

degree of specificity and level of detail of the

discussion of each such element shall reflect local

conditions and circumstances. However, this section

shall not be construed to expand or limit the authority

of the Hoopa Valley Indian Housing Authority to review

housing need assessments pursuant to Native American

Housing and Self-determination Act of 1996.

The adoption of the general plan or any part or element

thereof or the adoption of any amendment to such plan or any

part or element thereof is a legislative act which shall be

adopted pursuant to the Legislative Procedures Act.

The general plan shall consist of a statement of development

policies and shall include a diagram or diagrams and text

setting forth objectives, principles, standards, and plan

proposals. The plan shall include the following elements:

(a) A land use element which designates the proposed

general distribution and general location and extent of

the uses of the land for housing, business, industry,

open space, including agriculture, natural resources,

recreation, and enjoyment of scenic beauty, education,

public buildings and grounds, solid and liquid waste

disposal facilities, and other categories of public and

private uses of land. The land use element shall

include a statement of the standards of population

density and building intensity recommended for the

various districts and other territory covered by the

plan. The land use element shall identify areas covered

by the plan which are subject to flooding and shall be

reviewed annually with respect to those areas. The land

use element shall designate, in a broad land use

category that provides for timber production pursuant .

to the Forest Management Plan. |

-(b) A circulation element consisting of the general

location and extent of existing and proposed major

thoroughfares, transportation routes, terminals, and

other local public utilities and facilities, all

‘correlated with the land use element of the plan as

required by the Intermodal Surface Transportation

Efficiency Act (ISTEHA).

American Housing and Self Determination Act.

(4) A conservation element for the conservation,

development, and utilization of natural resources

including water and its hydraulic force, forests,

soils, rivers and other waters, harbors, fisheries,

wildlife, minerals, and other natural resources. That

portion of the conservation element including waters

shall be developed in coordination with The Water

Quality Control Plan of the Tribe and any long-range

planning documents of the Hoopa Valley Public Utilities

District. The conservation element may also cover:

(1) The reclamation of land and waters.

f .

(2) Prevention and control of the pollution of

streams and other waters.

(3) Regulation of the use of land in stream

channels and other areas required for the

accomplishment of the conservation plan.

(4) Prevention, control, and correction of the

erosion of soils, beaches, and shores.

(5) Protection of watersheds.

(6) The location, quantity and quality of the

rock, sand and gravel resources.

(7) Flood control.

The ‘conservation element shall be prepared and adopted no

later than June 15, 1999.

(e) An open-space element. Open space is used for

the managed production of resources, including but

not limited to, forest lands, rangeland,

agricultural ° lands and areas of economic

importance for the production of food or fiber;

areas required for recharge of ground water

basins; bays, estuaries, marshes, rivers and

streams which are important for the management of

commercial fisheries; and areas containing major

mineral deposits, including those in short supply.

(£) A noise element which shall identify and

appraise noise problems in the community. The

noise element shall recognize the guidelines

established by the U.S. Department of Housing and

Urban Development in the Noise Assessment

Guidelines manual and shall analyze and quantify,

‘to the extent practicable, as determined by the

Hoopa Valley Tribal Council, current and projected

noise levels for all of the following sources:

(1) Highways and freeways.

(2) Primary arterials and major local streets.

(3) Commercial, | general aviation, heliport,

aircraft overflights, and all other ground

facilities and maintenance functions related to

the Hoopa airport operation.

(4) Local industrial plants. |

(5) Other ground stationary noise sources

identified by Tribal agencies as contributing to

the community noise environment. :

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Noise contours shall be shown for all of these

Sources and stated in terms of community noise

equivalent level (CNEL) or day-night average level

(Ldn). The noise contours shall be prepared on the

basis of noise monitoring or following generally

accepted noise modeling techniques for the various

sources identified in paragraphs (1) to (5),

inclusive.

The noise contours shall be used as a guide for

establishing a pattern of land uses in the land

use element that minimizes the exposure of

community residents to excessive noise.

The noise element shall include implementation

measures and possible solutions that address

existing and foreseeable noise problems, if any.

The adopted noise element shall serve as a

Guideline for compliance with the state's noise

insulation standards.

(g) A safety element for the protection of the

community from any unreasonable risks associated with

the effects of seismically induced surface rupture,

ground shaking, ground failure, seiche, and dam

failure; slope instability leading to mudslides and

landslides; subsidence, liquefaction and other seismic

hazards, and other geologic hazards known to the Hoopa

Valley Tribal Council; flooding; and wildland and urban

fires. The safety element shall include mapping of

known seismic and other geologic hazards. It shall also

address evacuation routes, peakload water supply

requirements, and minimum road widths and clearances

around structures, as those items relate to identified

fire and geologic hazards.

The general plan may include any other elements or address

any other subjects which, in the judgment of the Hoopa

Valley Tribal Council, relate to the physical development of

the Reservation.

Article 3. Preparation, Adoption, and Amendment of the

General Plan |

The Hoopa Valley Tribal Council shall prepare, adopt, and

amend the general plan and elements of the general plan in

the manner provided in this article.

During the preparation or amendment of the general plan, the

Land Management Commission shall provide opportunities for

the involvement of citizens, public agencies, public utility

companies, and civic, education, and other community groups,

through public hearings and any other means the Tribal

Council deems appropriate.

(a) Prior to action by a Hoopa Valley Tribal Council to

adopt or substantially amend the general plan, the

planning agency shall refer the proposed action to all

of the following entities: oo |

(1) Humboldt County, within or abutting the area

covered by the proposal, and any special district

which may be significantly affected by the

proposed action, as determined by the Land

Management Commission.

(2) The Klamath Trinity Joint Unified School

District within the area covered by the proposed

action.

(3) The Local Agency Formation Commission (LAFCO).

(4) Any areawide planning agency whose operations

may be significantly affected by the proposed

action, as determined by the Land Management

Commission.

(5) Any federal agency if its operations or iands

within its jurisdiction may be significantly

affected by the proposed action, as determined by

the Land Management Commission.

(6) The Hoopa Valley Public Utilities District.

(7) Hoopa Air Quality Management District for a

proposed action within the boundaries of the

district. |

(b) Each entity receiving a proposed general plan of

amendment of a general plan pursuant to this section

shall have 45 days from the date the referring agency

mails it or delivers it in which to comment unless a

longer period is specified by the planning agency.

The Hoopa Valley Tribal Council finds and declares that it

is vital that there be close coordination and consultation

between the Hoopa Valley Public Utilities District to ensure

that proper water supply planning occurs in order to

accommodate projects that will result in increased demands

on water supplies. It is, therefore, the intent of the

Hoopa Valley Tribal Council to provide a standardized

process for determining the adequacy of existing and planned

future demands on these water supplies.

Upon receiving notification of the Tribe’s proposed action

to adopt or substantially amend the general plan, the Hoopa

Valley Public Utilities District shall provide the land

Management Commission with the following information, as is

appropriate and relevant:

(1) A description of the source or sources of the total

water supply currently available to HVPUD by water

right or contract, taking into account historical data

concerning wet, normal, and dry runoff years.

(2). A description of the quantity of surface water that

was purveyed by the HVPUD in each of the previous five

years. .

(3) A description of the quantity of groundwater that

was purveyed by the HVPUD in each of the previous five

years.

(4) B description of all proposed additional sources of

water supplies for the HVPUD, including the estimated

dates by which these additional sources should be

available and the quantities of additional water

supplies that are being proposed.

(5) A description of the total number of customers

currently served by the HVPUD, as identified by the

following categories and by the amount of water served

to each category: |

(A) Agricultural users.

(B) Commercial users.

(D) Residential users.

(6) Quantification of the expected reduction in total

water demand, identified by each customer category

associated with future implementation of water use

reduction measures identified in HVPUD’s water

management plan.

(7) Any additional information that is relevant to

determining the adequacy of existing and planned future

water supplies to meet existing and planned future

demands on these water supplies.

The band Management Commission shall make a written

recommendation on the adoption or amendment of the general

plan. A recommendation for approval shall be made by the

affirmative vote of not less than a majority of the total

( ;

membership of the commission. The Land Management Commission

shall send its recommendation to the Hoopa Valley Tribal

Council.

The Hoopa Valley Tribal Council shall adopt or amend the

general plan by resolution, which resolution shall be

adopted by the affirmative vote of not less than a majority

of the total membership of the Hoopa Valley Tribal Council.

The Hoopa Valley Tribal Council may approve, modify, or

disapprove the recommendation of the Land Management

Commission, if any. However, any substantial modification

proposed by the Hoopa Valley Tribal Council not previously

considered by the commission during its hearings, shall

first be referred to the Land Management Commission for its

recommendation. The failure of the commission to report

within 45 calendar days after the reference, ofr within the

time set by the Hoopa Valley Tribal Council, shall be deemed

a recommendation for approval.

BR copy of the adopted general plan or amendment to the

general plan shall be sent to all Tribal entities and any

other public entities that submitted comments on the

proposed general plan or amendment to the general plan

during its preparation. Failure to send the adopted general

plan or amendment as provided in this section shall not

affect its validity in any manner.

Copies of the documents adopting or amending the general

plan, including the diagrams and text, shall be made

available to the general public as follows:

(a) Within one working day following the date of

adoption, the Executive Secretary of the Hoopa Valley

Tribal Council shall make the documents adopting or

amending the plan, including the diagrams and text,

available to the public for inspection.

(b) Within two working days after receipt of a request

for a copy of the documents adopting or amending the

plan, including the diagrams and text, accompanied by

payment for the reasonable cost of copying, the

Executive Secretary shall furnish the requested copy to

the person making the request. |

Tf it deems it to be in the public interest, the Hoopa

Valley Tribal Council may amend all or part of the adopted

general plan. An amendment to the general plan shall be

initiated in the manner specified by the Hoopa Valley Tribal

Council. Notwithstanding the Legislative Procedures Act, the

Hoopa Valley Tribal Council may permit persons to request an

amendment of the general plan and may require that an

amount equal to the estimated cost of preparing the

amendment be deposited with the. Land Management Commission

prior to the preparation of the amendment. -

(b) Except as otherwise provided in subdivision (c), no

mandatory element of the general plan shall be amended

more frequently than four times during any calendar

year. Subject to that limitation, an amendment may be

made at any time, as determined by the Hoopa Valley

Tribal Council. Each amendment may include more than

one change to the general plan.

general plan contained in subdivision (b) does not

apply to amendments of the general plan requested and

necessary for a single development of residential

units, at least 25 percent of which will be occupied by

or available to persons and families of low or moderate

income, as defined by the U.S. Department of Housing

and Urban Development. The specified percentage of lowor moderate-income housing may be developed on the same

site as the other residential units proposed for

development, or on another site or sites encompassed by

the general plan, in which case the combined total

number of residential units shall be considered a

single development proposal for purposes of this

.section.

Article 4. Administration of General Plan

After the Hoopa Valley Tribal Council has adopted all or

part of a general plan, the Land Management Commission shall

do both of the following:

(a) Investigate and make recommendations to the Hoopa

Valley Tribal Council regarding reasonable and

practical means for implementing the general plan or

element of the general plan, so that it will serve as

an effective guide for orderly growth and development,

preservation and conservation of open-space land and

natural resources, and the efficient expenditure of

Tribal funds relating to the subjects addressed in the

general plan. |

(b) * Provide an annual report to the Hoopa Valley

Tribal Council on the status of the plan and progress

in its implementation, including the progress in

meeting its share of housing needs determined pursuant

to the Native American Housing and Self Determination

Act.

Article 5. Open-Space Lands

Open space is for the preservation of natural resources

including, but not limited to, areas required for the

preservation of plant and animal life, including habitat for

fish and wildlife species; areas required for ecologic and

other scientific study purposes; rivers, streams, bays and

estuaries; and coastal beaches, lakeshores, banks of rivers

and streams, and watershed lands.

Open space is used for the managed production of resources,

including but not limited to, forest lands, rangeland,

agricultural lands and areas of economic importance for the

production of food or fiber; areas required for recharge of

ground water basins; bays, estuaries, marshes, rivers and

streams which are important for the management of commercial

fisheries; and areas containing major’ mineral deposits,

including those in short supply.

Open space used for outdoor recreation, including but not

limited to, areas of outstanding scenic, historic and

cultural value; areas particularly suited for park and

recreation purposes, including access to lakeshores,

beaches, and rivers and streams; and areas which serve as

links between major recreation and open-space reservations,

including utility easements, banks of rivers and streams,

trails, and scenic highway corridors.

Open space is also used for public health and safety,

including, but not limited to, areas which require special

management or regulation because of hazardous or special

conditions such as earthquake fault zones, unstable soil

areas, flood plains, watersheds, areas presenting high fire

risks, areas required for the protection of water quality

and water reservoirs and areas required for the protection

and enhancement of air quality.

The Hoopa Valley Tribal Council finds and declares as

follows:

(a) That the preservation of open-space land, as

defined in this article, is necessary not only for

the maintenance of the economy of the Reservation,

but also for the assurance of the continued

availability of land for the production of food

and fiber, for the enjoyment of scenic beauty, for

recreation and for the use of natural resources.

(b) That discouraging premature and unnecessary

conversion of open-space land to urban uses is a

matter of public interest and will he of benefit

to urban dwellers because it will discourage noncontiguous development patterns which

unnecessarily increase the costs of community

services to community residents.

population of the Reservation demands that at the

earliest possible date the Tribe will make

definite plans for the preservation of valuable

open-space land and take positive action to carry

out such plans by the adoption and strict

administration of laws, ordinances, rules and

regulations as authorized by this chapter or by

other appropriate methods.

(d) That in order to assure that the interests of

all its people are met in the orderly growth and

development of the Reservation and the

preservation and conservation of its resources, it

is necessary to provide for the development by the

Tribe plans for the conservation and preservation

of open-space lands.

{e) That for these reasons this article is

necessary for the promotion of the general welfare

and for the protection of the public interest in

open-space land.

Tt is the intent of the Hoopa Valley Tribal Council in

enacting this article:

(a) To assure that Reservation residents recognize that

open-space land is a limited and valuable resource

which must be conserved wherever possible.

(b) To assure that every Tribal or public agency will

accomplish the objectives of a comprehensive open-space

program.

Article 6. Housing Elements

( -

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‘

The Hoopa Valley Tribal Council finds and declares as

follows: _

(a) The availability of housing is of vital importance,

and the early attainment of decent housing and a

suitable living environment for every Reservation

family is a priority of the highest order.

(b) The early attainment of this goal requires the

cooperative participation of government and the private

_ sector in an effort to expand housing opportunities and

accommodate the housing needs of residents of all

economic levels. |

moderate-income households requires the cooperation of

all levels of government.

(d) The Hoopa Tribal government has a responsibility to

use the powers vested in them to facilitate the

improvement and development of housing to make adequate

provision for the housing needs of all economic

segments of the community.

The housing element shall consist of an identification and

analysis of existing and projected housing needs and a

statement of goals, policies, quantified objectives,

financial resources, and scheduled programs for the

preservation, improvement, and development of housing. The

housing element shall identify adequate sites for housing,

including rental housing, factory-built housing, and

mobilehomes, and shall make adequate provision for the

existing and projected needs of all economic segments of the

community. The element shall contain all of the following:

(a) An assessment of housing needs and an inventory of

resources and constraints relevant to the meeting of

these needs. The assessment and inventory shall include

the following: . |

(1) An analysis of population and employment trends and

documentation of projections and 4 quantification of

the locality's existing and projected housing needs for

all income levels. |

(2) An analysis and documentation of household

characteristics, including level of payment compared to

ability to pay, housing characteristics, including

overcrowding, and housing stock condition.

(3) An inventory of land suitable for residential

development, including vacant sites and sites having

potential for redevelopment, and an analysis of the

—_

relationship of zoning and public facilities and

services to these sites.

(4) An analysis of potential and actual governmental

constraints upon the maintenance, improvement, of

development of housing for all income levels, including

land use controls, building codes and their

enforcement, site improvements, fees and other

exactions required of developers, and local processing

and permit procedures.

(5) An analysis of potential and actual nongovernmental

constraints upon the maintenance, improvement, or

development of housing for all income levels, including

the availability of financing, the price of land, and

the cost of construction.

(6) An analysis of any special housing needs, such as

__thoge—of-—the— handicapped, elderly, large families,

families with female heads of households, and families

and persons in need of emergency shelter.

(7) An analysis . of opportunities for energy

conservation with respect to residential development.

(8) An analysis of existing assisted housing

developments that are eligible to change from lowincome housing uses during the next 10 years due to

termination of subsidy contracts, mortgage prepayment,

or expiration of restrictions on use.

}

CERTIFICATION

I, the undersigned, as Chairman of the Hoopa Valley

Tribal Council do certify that the Hoopa Valley Tribal

Council is composed of eight (8), members of which six (6)

members were present, constituting a quorum, at a regular

meeting thereof; duly and regularly called, noticed, .

convened and held this 5™ day of March, 1998; and that this

Ordinance was adopted by a vote of five (5) for, zero (0)

opposed, and zero (0) abstaining; and that since approval,

this Ordinance has not been rescinded, amended, or modified

in any form.

DATED THIS FIFTH DAY OF MARCH 1998.

: Merv George, ok. , Chairman

Hoopa Valley Tribal Council

Dyer HGP wba

ATTEST: Dare Baldy, Executive#Secretary

Hoopa Valley Tribal Council

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.