Chapter 23.77


23.77.010    Required – Generally.

23.77.020    Determination of significant environmental effect.

23.77.030    Exemptions.

23.77.040    Supplying information for environmental determinations.

23.77.045    Notice required.

23.77.050    Determination of no environmental impact.

23.77.060    Determination of significant impact – Prerequisites to license or permit issuance.

23.77.070    Hearing on reports.

23.77.010 Required – Generally.

No project, as defined by the California Environmental Quality Act (CEQA) and CEQA Guidelines, shall be approved if the proposed project may have a significant effect on the environment until an environmental impact report has been made. No such approval shall be given until a finding supported by substantial evidence has been made as to each significant effect identified in such report, as follows:

(a) Changes or alterations have been required in such project which mitigate or avoid such effect; or

(b) Such changes or alterations are within the jurisdiction and responsibility of another public agency which has or can and should adopt such changes; or

(c) Specified economic, social or other considerations make infeasible any mitigation or alternative methods. [Ord. 1803 N.S. § 1, 1991].

23.77.020 Determination of significant environmental effect.

The community development director for the city shall have the authority to determine whether or not the proposed project may have a significant effect on the environment, in accordance with

CEQA and CEQA Guidelines. The community development director is authorized to refer appropriate questions to other city departments or boards in making his or her determination. The community development department shall be the authorized agency for the city for initiating and processing the completion of environmental impact reports and determinations. [Ord. 1803 N.S. § 1, 1991].

23.77.030 Exemptions.

The requirements of this chapter shall not apply to projects in classes listed as exempt by CEQA and CEQA Guidelines. [Ord. 1803 N.S. § 1, 1991].

23.77.040 Supplying information for environmental determinations.

Any applicant for any project as aforesaid shall, at the applicant’s own expense, supply such maps, information and reports as may be prescribed by the community development director for purposes of making the determinations required under this chapter. The applicants shall, in addition to fees prescribed by resolution, pay all costs incurred by the city in obtaining information for reports, and in preparing, evaluating, posting and advertising in connection therewith. The city may require advance deposit of anticipated costs. [Ord. 1803 N.S. § 1, 1991].

23.77.045 Notice required.

Within 10 days of determining whether an application for any project described in PGMC 23.77.010 is complete, the community development director shall post the following form of notice on the project site, and shall mail a copy thereof to all organizations and individuals who have previously requested in writing such form of notice:


The Community Development Department of the city of Pacific Grove has received a proposal described below at the address below. Not earlier than 10 days from the date hereof, the community development director shall make a determination of whether or not such a project shall have a significant effect on the environment so as to require an environmental impact report. All persons and organizations may submit information on this subject to the Community Development Department prior to such date at the Pacific Grove City Hall.

Description of project:________________

Address of project:__________________

Date of this Notice:__________________

[Ord. 1803 N.S. § 1, 1991].

23.77.050 Determination of no environmental impact.

Where the community development director has determined that the proposed project has no significant impact on the environment, his or her written determination thereof shall receive public notice in the manner required by law. [Ord. 1803 N.S. § 1, 1991].

23.77.060 Determination of significant impact – Prerequisites to license or permit issuance.

Where the community development director determines that the proposed project may have a significant impact on the environment, no license or permit shall issue until an environmental impact report has been prepared in accordance with standards prescribed by CEQA and CEQA Guidelines. The report shall be prepared by the community development department or pursuant to a contract made directly with the city and the person preparing the report. No private applicant shall prepare or contract for such a report. [Ord. 1803 N.S. § 1, 1991].

23.77.070 Hearing on reports.

The decision-making body shall receive and hold public hearings on all environmental impact reports. Notice of hearing shall be published 10 days before the hearing. The decision-makers shall determine, after hearing, whether to certify the environmental impact report. Such determination shall be made in accordance with standards and criteria set out in CEQA and CEQA Guidelines. Any interested person may at any time within 10 days following a decision on the project for which the environmental impact report is prepared appeal such determination to the body which would hear an appeal of the project. An appeal or call up of the project shall also result in automatic appeal of such determination. [Ord. 1803 N.S. § 1, 1991].


    Prior ordinance history: Ords. 753 N.S., 947 N.S., 1167 N.S. and 1765 N.S.