Chapter 17.58
ENVIRONMENTAL IMPACT
Sections:
17.58.020 General application.
17.58.030 Adoption of procedures by reference.
17.58.010 Purpose.
This section lists procedures that govern city compliance with the California Environmental Quality Act (CEQA). (Ord. 495 § 1, 2005)
17.58.020 General application.
A. In initial discussions with the applicant, the city planner shall determine whether a proposal is a project, as defined by the CEQA guidelines. If a proposal is determined to be a project, an environmental assessment questionnaire shall be completed by the applicant, accompanied by the appropriate fee, and submitted with the general application materials.
B. Within 60 days following the submittal deadline, the city planner shall determine whether a negative declaration (ND) shall be posted, or a draft environmental impact report (EIR) prepared. This determination shall constitute the initial study, and shall include consultation of affected agencies and completion of the initial study form.
C. If it is determined that no significant effect will result, an ND shall be prepared for hearing and notice provided as required by state guidelines.
D. If it is determined that there may be significant impacts, the application shall be removed from the planning process, to be resubmitted when a draft EIR is prepared.
E. If the ND is approved by the planning commission or city council, a notice of determination shall be filed with the county clerk. The planning commission shall approve an ND where it has final authority for a project, otherwise it shall be approved by the council.
F. The city may contract for performance of the EIR, initial study, ND, or any other required environmental documents or prepare it in-house. The city planner shall contract with a person or firm competent in environmental review and application of current law, practice and EIR preparation. Such person may be suggested by an applicant, or selected from among those interested in work with Escalon, and who have shown ability to perform adequately. They shall be demonstrably independent from the applicant. The applicant shall provide 100 percent of the estimate of cost in advance, to be paid to the contractor upon completion of work. Scope of the draft shall be determined by the city planner on the basis of the initial study. The city planner shall have the ultimate responsibility for the completion and objectivity of such work and shall take whatever measures necessary to ensure this takes place. Notices of preparation shall be mailed no later than 30 days before the application deadline for general application materials and mailing of the draft EIR for review. The notice shall incorporate the initial study.
G. Upon submittal of the draft EIR, the city shall file a notice of completion with the California Resources Agency. Notice of the draft EIR shall be sent to affected agencies with a copy of the draft EIR within two days, allowing for a 30-day review period prior to the public hearing which shall be held on the matter. Hearing notice to the public and affected property owners shall be sent within 12 days. The city planner shall prepare a complete commentary and critique to accompany the draft EIR at the public hearing. Where a project has statewide, regional or areawide significance, the 30-day review period allowed in this subsection shall be increased to 45 days by hearing the draft EIR at a later planning commission meeting.
H. Where a draft EIR is certified and adopted by the decision-making body, it shall either be approved by the planning commission, or forwarded with associated planning actions where council certification and adoption is required.
I. Following planning commission or city council approval of a draft EIR, a notice of completion and a copy of the draft shall be mailed to the county clerk and the California Resources Agency.
J. No project may commence by issuance of building permits, nor any amending ordinance be passed, until a final EIR has been certified and adopted by the planning commission or city council, where required.
K. Following approval of the final EIR, a notice of determination shall be sent to the county clerk.
L. A copy of all documents related to the EIR process shall be available for public inspection in the planning department at City Hall.
M. All agencies having regulatory authority in relation to the project, plus all agencies and persons found to have a concern or involvement in the project, shall be sent all notices and documents during the process noted above.
N. Applicants may appeal the decision rendered in subsection D of this section to the planning commission.
O. The state EIR guidelines are hereby adopted in their entirety for use in matters subject to CEQA. (Ord. 495 § 1, 2005)
17.58.030 Adoption of procedures by reference.
Pursuant to Section 15022 of CEQA, and except as otherwise described in this section, CEQA guidelines and procedures are hereby adopted by reference. (Ord. 495 § 1, 2005)