Chapter 7.30
ENVIRONMENTAL IMPACT REPORTS
Sections:
7.30.010 Decision to prepare an EIR.
7.30.040 Multiple and phased projects.
7.30.060 Notice of completion of draft EIR.
7.30.090 Preparation and certification of EIR.
7.30.100 Notice of determination.
7.30.110 Statement of overriding considerations.
7.30.120 Time for public review and comment.
7.30.130 Failure to comment within a reasonable time.
7.30.010 Decision to prepare an EIR.
If it is found after an initial study that the project may have a significant effect on the environment, the district engineer must prepare or cause to be prepared an environmental impact report. It shall contain the information outlined in CEQA and the state guidelines. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment, or when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR. (Ord. 8 Art. 7 § 1, 1977)
7.30.020 Subsequent EIR.
Where an EIR has been prepared, no additional EIR need be prepared unless:
A. Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in the previous EIR on the project;
B. There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the proposed location of the project, which will require major revisions in the EIR due to the involvement of new environmental impacts covered in a previous EIR. (Ord. 8 Art. 7 § 2, 1977)
7.30.030 Use of a single EIR.
An EIR may be employed to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, an earlier EIR prepared in connection with an earlier project may be used to apply to a later project if the circumstances of the projects are essentially the same. EIRs may be written in advance for entire programs or regulations, in order to be prepared for applications to come. In order to utilize any of these alternatives, however, it must be found that the environmental effects of the project are similar enough to warrant the same treatment in an EIR and that the EIR will adequately cover the impacts of any single project. (Ord. 8 Art. 7 § 3, 1977)
7.30.040 Multiple and phased projects.
Where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, a single EIR must be prepared for the ultimate project. Where an individual project is a necessary precedent for action on a larger project, or commits the city to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger undertaking or a larger project, one EIR may be prepared for all projects, or one for each project, but in either case comment should be made upon the combined effect. (Ord. 8 Art. 7 § 4, 1977)
7.30.050 Early consultation.
Before completing a draft EIR, the district engineer shall consult with other public agencies involved or having jurisdiction, and with persons having special expertise, in the same manner as is required by SCSDC 7.30.020 with respect to a negative declaration. For projects where federal involvement might require preparation of a federal EIS, the appropriate federal agency should be consulted on the need for an EIS. If both an EIR and an EIS are needed, the documents should be prepared jointly where federal regulations or procedures allow. If the EIR is prepared separately, all or any part of the EIS for the project may be submitted in lieu of all or any part of the EIR; provided, that the EIS or the part thereof so used shall comply with the requirements of these guidelines. In cases where the federal EIS is used, discussion of mitigation measures, and growth inducing impact and energy conservation will have to be added to or supplemented if the EIS does not include an adequate discussion of these elements. (Ord. 8 Art. 7 § 5, 1977)
7.30.060 Notice of completion of draft EIR.
As soon as the draft EIR is completed, a notice of completion must be filed with the Secretary for the Resources Agency. The notice shall include a brief description of the project, its proposed location, and an address where copies of the EIR are available and the period during which comments will be received. The form for this notice shall be that provided in the appendices to the state guidelines.
Where the EIR will be reviewed through the state review process handled by the state clearinghouse, the cover form required by the state clearinghouse will serve as the notice of completion and no notice of completion need be sent to the Resources Agency. (Ord. 8 Art. 7 § 6, 1977)
7.30.070 Public review.
After completing a draft EIR, the district engineer shall again consult with and obtain comments from public agencies having jurisdiction by law with respect to the project and should consult with persons having special expertise with respect to any environmental impact involved. The public shall be given an opportunity to comment on the EIR, and public notice of the completion of a draft EIR shall be given at the same time that the notice of completion is sent to the Resources Agency, such notice to be by publication in a newspaper of general circulation in the area pursuant to the requirements of Cal. Gov’t Code § 6060. In addition, notice by direct mailing shall be given to: (A) owners of property contiguous to the project, and (B) all organizations and individuals who have previously requested such notice. Such public notices shall state the period of time within which comments will be received. (Ord. 8 Art. 7 § 7, 1977)
7.30.080 State clearinghouse.
The district engineer shall use the state clearinghouse to distribute EIRs and other environmental documents to state agencies for review and shall use area-wide clearinghouses to distribute the documents to regional and local agencies. (Ord. 8 Art. 7 § 8, 1977)
7.30.090 Preparation and certification of EIR.
The district engineer shall prepare the final EIR and present it to the district board for certification. The district board shall certify that the final EIR has been completed in compliance with CEQA and the state guidelines, and with these guidelines, and that the district board has reviewed and considered the information contained in the EIR prior to the approval of the project. (Ord. 8 Art. 7 § 9, 1977)
7.30.100 Notice of determination.
After the district board has approved a project for which an EIR has been prepared, a notice of determination shall be filed with the county clerk of Monterey County. Such notice shall include:
A. An identification of the project by its common name, where possible;
B. The decision of the city to approve or carry out the project;
C. The determination of the city as to whether the project in its approved form will have a significant effect on the environment;
D. A brief statement of the mitigation measures adopted to reduce the impacts of the proposed project; and
E. A statement that an EIR was prepared pursuant to the provisions of CEQA and was certified as required by Cal. Code Regs. § 15085(g). The filing of the notice of determination starts a 30-day statute of limitations on court challenges to the approval under CEQA. (Ord. 8 Art 7 § 10, 1977)
7.30.110 Statement of overriding considerations.
Where the decision on a project allows the occurrence of significant effects identified in the final EIR, the board shall state in writing its reasons to support its action, based on the final EIR or other information in the record. The reasons to support such action shall be set forth in a statement of overriding considerations, which statement shall be included in the record of the project approval and shall be attached to the notice of determination. (Ord. 8 Art. 7 § 11, 1977)
7.30.120 Time for public review and comment.
Public agencies and members of the public shall be given an adequate period of time to review and comment on an EIR which has been prepared. The period of time to be allowed in a particular case shall be determined by the district engineer upon completion of the draft EIR and shall be specified in the public notice to be given pursuant to the provisions of SCSDC 7.30.070. Such review period should not be less than 30 days nor longer than 90 days except in unusual situations. (Ord. 8 Art. 7 § 12, 1977)
7.30.130 Failure to comment within a reasonable time.
If any public agency or person who is consulted with regard to an EIR fails to comment within a reasonable time specified by the district engineer, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. (Ord. 8 Art. 7 § 13, 1977)