Chapter 18.08
ENVIRONMENTAL IMPACT REPORTS

Sections:

18.08.010    State regulations adopted—Form of report—Filing.

18.08.020    Hearing.

18.08.030    Notice.

18.08.040    Commission findings.

18.08.050    Fees.

18.08.060    Appeals and protests.

18.08.070    Exemptions.

18.08.010 State regulations adopted—Form of report—Filing.

The California Environmental Quality Act of 1970, and any subsequent amendments or other amendments from time to time enacted, is hereby adopted and incorporated herein by reference. All projects (the word “projects” as used in this chapter shall have the same meaning as the word “projects” as used in the California Environmental Quality Act of 1970) for which there is required a city permit or city approval of any kind shall require an environmental impact report, unless specifically exempted under the provisions of Section 18.08.070. The environmental impact report shall be in the form prescribed by the city council or the planning commission of the city and shall cover the following subjects plus such additional information as the planning commission may deem relevant and material.

A.    Identification of the developer (names and addresses of all interested parties and the nature of their interest, such as land owner, building contractor, institutional lender, etc.);

B.    Description of project;

C.    Purpose of project (land use, economic effects, etc.);

D.    Environmental impact (physical changes attributable to project, social and economic changes attributable to project, effect on wild life and other conservation elements);

E.    Geographical boundary of environmental impact (total geographical area affected by the project);

F.    Unavoidable adverse environmental effects;

G.    Proposed curative measures;

H.    Alternatives to the proposed project;

I.    Irreversible environmental changes.

A preliminary draft of an environmental impact report shall be filed with the planning commission by the developer, together with the application for such city permit as may be involved. Additional copies of the environmental impact report shall be filed with such other public agencies as the city council or planning commission may require, in each case, in order to afford the fullest consideration by all government agencies concerned of the effects of the project. (Prior code § 8-2.101)

18.08.020 Hearing.

Where the permit applied for involves a hearing before the planning commission, such as application for approval of a tentative subdivision map, such hearing shall be consolidated with the hearing on the environmental impact report. The developer shall submit, prior to the hearing, such additional information as the planning commission may require after the planning commission’s consideration of the initial draft of the environmental impact report. (Prior code § 8-2.102)

18.08.030 Notice.

A notice of the hearing, which notice shall contain a brief description of the nature of the project, shall be posted in a conspicuous place in the city hall of the city not less than ten (10) days prior to the date of the hearing before the city planning commission. In addition, the city clerk shall cause notice to be published in the same manner as other planning commission agenda items. The hearing on the environmental impact report shall be public, and any person in attendance may present to the planning commission his or her statement on any matters which in the opinion of such person are material and relevant to the environmental impact of the proposed project. For no less than five days prior to such hearing, the planning commission shall make available to the public for study and review all applications filed and all supporting data submitted in connection with such project. (Prior code § 8-2.103)

18.08.040 Commission findings.

At the conclusion of the public hearing, the planning commission shall make such amendments and additions to the proposed environmental impact report as it deems proper and adopt the report as amended and supplemented. If the planning commission finds that the proposed project will have an unacceptably deleterious effect on the environment, for which no compensating curative measures are possible, the commission shall so find and deny the permit applied for. The planning commission may, as a condition to the issuance of any permit covered by Section 18.08.010, require the developer to include in the project such curative measures as in the opinion of the planning commission are required to relieve the adverse environmental effects of the project. (Prior code § 8-2.104)

18.08.050 Fees.

The city council, on its own motion or upon the recommendation of the planning commission, shall adopt by resolution such reasonable fees as are required to offset the expense of the environmental impact studies required under this chapter. (Prior code § 8-2.105)

18.08.060 Appeals and protests.

Any developer required to submit an environmental impact report pursuant. to this chapter may appeal the action of the planning commission with respect to such environmental impact report to the council. In the absence of an appeal, the action of the planning commission under this chapter shall become final upon its being reported to the city council at the next regular meeting of the city council following the action of the planning commission, unless at such council meeting there is filed a protest either orally or in writing to such action of the planning commission by any member of the public. In the event that such protest is filed, the city council shall set the matter of the protest and the action of the planning commission with respect to the environmental impact report on for public hearing, provided that said public hearing shall be not less than fourteen (14) days nor more than thirty-one (31) days following the regular council meeting at which the protest was made. The city council shall consider at such public hearing all information submitted by any interested party, including any member of the public, relevant and material to the environmental impact of the proposed project. At the conclusion of the public hearing, the city council shall adopt, amend or supplement the environmental impact report as approved by the planning commission, and grant subject to such conditions as it sees fit, or deny the permit applied for, based upon the council’s findings as to the environmental effects of the proposed project. (Prior code § 8-2.106)

18.08.070 Exemptions.

The city council, after public hearing at a regular meeting, hereby finds that the following classes of projects have no more than a trival effect upon the environment, and such projects are declared to be exempt from the requirements of this chapter; the effects of this declaration of exemption is that for the classes of projects enumerated in this section, no environmental impact report will be required for the issuance of a building permit, or other approval or permit appropriate to the category of project enumerated:

A.    The remodeling of existing structures, except, however, in M-1, M-2, or M-P zones;

B.    The construction of or addition to single family residences or duplexes on existing parcels. Existing parcels are defined as lots in subdivisions for which final maps have already been recorded, or may be subsequently recorded in conformity with the provisions of this title, and such other parcels as presently meet the requirements of an approved building site as defined by the planning commission;

C.    Construction of or additions to commercial or multiple residential structures, where the total construction cost does not exceed one hundred thousand ($100,000.00) dollars, on established parcels as defined in the preceding subsection;

D.    Lot splits where the original parcel is less than one-half acre;

E.    Rezoning of the following types:

1.    Rezoning of R-1 single family residential to A-1 zone;

2.    Rezoning of R-2 two family residential to R-1 or A-1 zones;

3.    Rezoning of R-3 medium density residential to R-2, R-1 or A-1 zones;

4.    Rezoning of R-4 high density residential to R-3, R-2, R-1 or A-1 zones;

5.    Rezoning of C-1 neighborhood commercial to R-4, R-3, R-2, R-1 or A-1 zones;

6.    Rezoning of C-H highway commercial to C-1, R-4, R-3, R-2, R-1 or A-1 zones;

7.    Rezoning of C-2 general commercial to C-H, C-1, R-4, R-3, R-2, R-1 of A-1 zones;

8.    Rezoning of M-1 light industrial to C-2, C-H, C-1, R-4, R-3, R-2, R-1 or A-1 zones;

9.    Rezoning of M-2 heavy industrial to M-1, C-2, C-H, C-1, R-4, R-3, R-2, R-1 or A-1 zones;

10.    Rezoning of M-P industrial park to M-2, M-1, C-2, C-H, C-1, R-4, R-3, R-2, R-1, or A-1 zones;

F.    Variances in residential districts;

G.    Any other project which the planning commission finds has an impact upon the environment manifestly less significant than the classes of projects enumerated in this section;

H.    Nothing in this section shall be construed to exempt from the requirement of an environmental impact report any building permit for which a conditional use permit is required. (Prior code § 8-2.107)