# ORDINANCE OF THE HOOPA VALLEY TRIBE

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

ORDINANCE OF THE HOOPA VALLEY TRIBE
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.

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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:

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(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.

(c) Annually review the capital improvement program of
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

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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).

(c) A housing element as provided in the Native
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.

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(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.

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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.
(C) Industrial 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

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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
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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.

(c) The limitation on the frequency of amendments to a
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. |

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(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.

(c) That the anticipated increase in the
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. |
(c) The provision of housing affordable to low-and
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

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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.

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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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Ahoopa_valley%3Af3d66b79618a86f7. Public record. Not legal advice.