Chapter 15.32
ENVIRONMENTAL REVIEW

Sections:

15.32.010    Notice of proposed project—Determination by town.

15.32.020    Applicability to town project.

15.32.030    Submission of required information.

15.32.040    Deposit.

15.32.050    Submittal of report to planning commission.

15.32.060    Initial hearing—Date—Notice.

15.32.070    Determination of planning commission.

15.32.080    Final hearing—Date—Notice.

15.32.090    Determination of city council.

15.32.100    Threshold of significance for the removal of heritage trees.

15.32.010 Notice of proposed project—Determination by town.

A. Any person, partnership, corporation or public agency planning a project within the geographical limits of the town not exempted from the application of the Environmental Quality Act of 1970, as amended, shall, prior to commencement thereof, notify the city manager in writing of such proposed project, giving a full, true and correct description thereof, and submitting such plans and specifications as may be necessary to understand the significance of such project. No such person, partnership, corporation or public agency shall commence any project (other than to apply for approval thereof under this chapter) without making such report, nor, if such project is determined by the city manager not to be exempt from the Environmental Quality Act of 1970, as amended, without the filing of a determination of approval of such project under the provisions of Section 15.32.090 of this chapter. Upon receipt of such report the city manager shall determine whether or not such project is exempted from the application of the Environmental Quality Act of 1970, as amended. The city manager may require submission of such further information as may be necessary to facilitate such determination. Exemptions from the application of the act shall be those specified in guidelines established by the Resources Agency of California, as amended.

B. In the event the city manager shall determine that such project is not exempted from the requirement of an environmental impact report he shall direct such person, partnership, corporation or public agency to proceed under the provisions of this chapter and of the Environmental Quality Act of 1970, as amended. (Ord. 317 Ch. 12(b) § 1, 1973)

15.32.020 Applicability to town project.

In the event the town should plan a project not exempted from the application of the Environmental Quality Act of 1970, as amended, it shall proceed under the provisions of this chapter and of the Environmental Quality Act of 1970, as amended. (Ord. 317 Ch. 12(b) § 2, 1973)

15.32.030 Submission of required information.

The detailed information required under the provisions of Section 21100 of the Public Resources Code of the state shall be submitted to the city manager concerning all projects not exempted under this chapter, or assembled by him, in the case of such projects initiated by the town. The city manager may require submission of such further information, in accordance with Section 21160 of the Public Resources Code of the state, as may be necessary to enable the determination of the factors set forth in Section 21100 of the code. (Ord. 317 Ch. 12(b) § 3, 1973)

15.32.040 Deposit.

Such person, partnership, corporation or public agency shall deposit with the town a sum equal to the city manager’s estimate of the cost of preparation of, and public notices for hearing concerning, any environmental impact report for such project, including time spent by city employees and fees of city engineer, city attorney, or other experts. Prior to paying the deposit, the applicant shall enter into a reimbursement agreement with the town in a form satisfactory to the city manager and city attorney which may provide for installment payments of the costs. Following completion of the proceedings under this chapter, the city manager shall compute the costs of such environmental impact report and of any further services in connection therewith, and shall either return the balance of such deposit or bill such person, partnership, corporation or public agency for any such additional amount that may be determined to be owing. (Ord. 580 § 1, 2009: Ord. 317 Ch. 12(b) § 4, 1973)

15.32.050 Submittal of report to planning commission.

Within sixty days after receipt of all such information and such deposit as required under Section 15.32.040, the city manager shall prepare and submit to the planning commission an environmental impact report concerning such project. The planning commission may, upon application, grant reasonable extensions of such time in its discretion. The city manager may employ such assistance, including the services of the city engineer and city attorney, as may be reasonably necessary in preparation of such report. (Ord. 317 Ch. 12(b) § 5, 1973)

15.32.060 Initial hearing—Date—Notice.

A. At its next meeting following receipt of such environmental impact report, the planning commission shall set a public hearing concerning such project and such report on a date not later than its next following regular meeting.

B. Notice of such initial hearing before the planning commission shall be published not less than five days prior thereto in a newspaper circulated within the limits of the town. (Ord. 317 Ch. 12(b) §§ 6, 7, 1973)

15.32.070 Determination of planning commission.

For good cause the planning commission may at its discretion at the hearing continue the same to its next meeting. Following such public hearing or hearings, the planning commission shall recommend approval, amendment or disapproval of such environmental impact report and shall then recommend approval amendment, or disapproval of such project. It shall thereupon submit its recommendation to the city council. (Ord. 317 Ch. 12(b) § 8, 1973)

15.32.080 Final hearing—Date—Notice.

A. The city clerk shall place the subject matter of the report and the project on the

agenda for public hearing at the next regular meeting of the city council.

B. Notice of such hearing before the city council shall be published not less than five days prior thereto in a newspaper circulated within the limits of the town. (Ord. 317 Ch. 12(b) §§ 9, 10, 1973)

15.32.090 Determination of city council.

For good cause the city council may at its discretion at the hearing continue the same to its next meeting. Following such public hearing or hearings, the city council shall approve, amend or disapprove such environmental impact report and shall then approve or disapprove such project. The city clerk shall file notice of determination of the city council under the provisions of this chapter with the county clerk. (Ord. 317 Ch. 12(b) § 11, 1973)

15.32.100 Threshold of significance for the removal of heritage trees.

The city council declares that the removal of the following heritage trees could potentially have a significant impact on the environment and that an initial study and mitigated negative declaration or environmental impact should be prepared:

A. More than two heritage trees on parcels of land with an area less than one acre. The removal of two or fewer heritage trees is exempt from further environmental review.

B. More than five heritage trees on parcels of land with an area of one acre, but less than two acres. The removal of five or fewer heritage trees is exempt from further environmental review.

C. More than seven heritage trees on parcels of land with an area greater than two acres. The removal of seven or fewer heritage trees is exempt from further environmental review.

D. More than three heritage trees within a grove, screen, stand or closely planted area. The removal of three or fewer heritage trees in such situation is exempt from further environmental review.

The applicable environmental determination shall be valid for a period of five years.

In compliance with the California Environmental Quality Act (CEQA), the city council finds that heritage trees located outside of the tree preservation area can be removed as a matter of right and that such removal is therefore considered to be a ministerial act, statutorily exempt from CEQA, and the city council further finds that dead or dangerous heritage trees may be considered categorically exempt from CEQA. (Ord. 545 § 2, 2003)