CHAPTER 12.36
ENVIRONMENTAL IMPACT
SECTION:
12.36.010 INTENT:
The intent of this chapter is to list procedures that govern city compliance with the California environmental quality act (CEQA).1 (Ord. 2000-03, 8-7-2000)
12.36.020 GENERAL APPLICATION:
A. Determination As Project; Fee: In initial discussions with the applicant, the planning director 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. Negative Declaration; Environmental Impact Report: Within six (6) days following the submittal deadline, the planning director 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. Preparation For Hearing: If it is decided that no significant effect will result, a negative declaration (ND) shall be prepared for hearing, in the manner provided for planning applications, with affected agency notice as provided in the state guidelines.
D. Significant Impact Determination: 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. Notice Of Determination Filed With County: If the negative declaration 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. In House Preparation Of Documents: The city may contract for performance of the EIR, initial study, negative declaration, or any other required environmental documents or prepare it in house. The planning director shall contract with a person or firm competent in EIR preparation; such person may be suggested by an applicant, or selected from among those interested in work with Gonzales, and who have shown ability to perform adequately. They shall be demonstrably independent from the applicant. The applicant shall provide one hundred percent (100%) 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 planning director on the basis of the initial study. Notices of preparation shall be mailed no later than thirty (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. Submittal Of Draft EIR; Notice: 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 (2) days, allowing for a thirty (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 twelve (12) days. The planning director shall prepare a complete commentary and critique to accompany the draft EIR at the public hearing. Where a project has statewide, regional or area wide significance, the thirty (30) day review period allowed in this subsection shall be increased to forty five (45) days by hearing the draft EIR at a later planning commission meeting.
H. Approval Of Draft: 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. Notice Of Completion To County And State: 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. Final Certification, Adoption: 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. Final Approval To County: Following approval of the final EIR, a notice of determination shall be sent to the county clerk.
L. Documents Available For Public Inspection: A copy of all documents related to the EIR process shall be available for public inspection in the planning department at city hall.
M. Notices To Regulatory Agencies: 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. Right Of Appeal: Applicants may appeal the decision rendered in subsection D of this section to the planning commission.
O. State Guidelines Adopted: The state EIR guidelines are hereby adopted in their entirety for use in matters subject to CEQA. (Ord. 2000-03, 8-7-2000)
Pub.Res.C. § 21000 et seq.