Chapter 18.32
ENVIRONMENTAL IMPACT REPORT
Sections:
18.32.010 Recommendation by city council.
18.32.020 Finding by decisionmaker.
18.32.030 Development of procedure by city council.
18.32.040 Adoption of procedure by resolution.
18.32.050 Environmental impact report by city council.
18.32.060 Supplemental environmental impact report.
18.32.090 Finding by decisionmaker.
18.32.100 Use of environmental impact report.
18.32.110 Time limits for preparation of environmental impact reports and negative declarations.
18.32.010 Recommendation by city council.
If the city council finds that a project may have a significant effect on the environment, it shall record this recommendation in writing and, after the payment of the appropriate fee, prepare an environmental impact report for the project. (Ord. 70 § 4.4, 1973)
18.32.020 Finding by decisionmaker.
If the city council recommends that a project does not have significant effect on the environment, each decisionmaker for the project shall confirm or reject this recommendation and record his finding in writing and forward the same to the city council. In the event of a negative declaration, the city council shall file a negative declaration pursuant to state regulations with the appropriate agency. (Ord. 70 § 4.5, 1973)
18.32.030 Development of procedure by city council.
The city council shall develop a procedure for the preparation of environmental impact reports. Such procedure may be in the form of a questionnaire, a matrix, or any other form. (Ord. 70 § 5, 1973)
18.32.040 Adoption of procedure by resolution.
The city clerk shall recommend to the city council the procedure for the preparation of environmental impact reports. The adoption or revision of such procedure shall be by resolution. (Ord. 70 § 5.1, 1973)
18.32.050 Environmental impact report by city council.
The city council shall prepare an environmental impact report for the following after the payment of the appropriate deposit:
A. Any project which may have a significant effect on the environment and which requires an environmental impact report under the Environmental Quality Act of 1970 and regulations adopted pursuant thereto;
B. Any project which is submitted by the sponsor to the city council for an environmental impact report prior to the submittal of the project to the city for governmental action. (Ord. 70 § 5.2, 1973)
18.32.060 Supplemental environmental impact report.
The city council shall prepare a supplemental environmental impact report for a project whenever the same is required by the Environmental Quality Act of 1970 or regulations adopted pursuant thereto, whenever there is any data on the project or its proposed environment which was not previously considered in the environmental impact report, or whenever it appears necessary to revise the original environmental impact report. (Ord. 70 § 5.3, 1973)
18.32.070 Data from sponsor.
The city council may require the sponsor of a project to provide all or a part of the base data on the project and its proposed environment necessary for an environmental impact report or a supplemental environmental impact report on the project. (Ord. 70 § 5.4, 1973)
18.32.080 Public hearing.
Before any governmental action may be taken on a project which may have a significant effect on the environment, a public hearing shall be held on the environmental impact report for the project and on any supplemental environmental impact report for the project which differs significantly from the original environmental impact report. After the city council has prepared a preliminary draft of the environmental impact report, it shall hold a public hearing in regard to the project. Notice of the time and place of the hearing shall be published at least once in a newspaper published and circulated in the city, the first publication of which shall be at least four days prior to the time set for the hearing. Any environmental impact report to be considered shall be available in the City Hall for public inspection from the time of publication until the time of the hearing. At the time and place set for the hearing, evidence on the potential effect of the project on its proposed environment shall be received. The hearing may be continued from time to time. No decision on the environmental impact of the project or on the proposed governmental action is necessary at such a hearing. (Ord. 70 § 5.5, 1973)
18.32.090 Finding by decisionmaker.
Each decisionmaker for a project shall make a finding on the sufficiency of the environmental impact report and any supplemental environmental impact report for the project and shall record his finding in writing. If a decisionmaker finds that the environmental impact report or any supplemental environmental impact report is not sufficient, he shall transmit the project to the city council for a supplemental environmental impact report. (Ord. 70 § 5.6, 1973)
18.32.100 Use of environmental impact report.
Every decisionmaker for a project shall consider all environmental impact reports for the project prior to approving or disapproving the project. The environmental data supplied by these reports and by any other source may be used by the decisionmaker as follows:
A. Authorization of a project may be denied if, in the opinion of the city council and the decisionmaker:
1. Its adverse environmental effect outweighs its beneficial environmental effect; or
2. A feasible alternative exists having a lesser adverse environmental effect.
B. A project may be authorized subject to conditions reasonably calculated to:
1. Minimize the adverse environmental effect of the project; or
2. Maximize the beneficial environmental effect of the project. (Ord. 70 § 5.7, 1973)
18.32.110 Time limits for preparation of environmental impact reports and negative declarations.
A. Unless and until such time limits are fixed by resolution of the city council, time limits in pursuance of Section 21151.5 of the Public Resources Code shall be not to exceed one year for completing and certifying environmental impact reports, and 105 days for completing negative declarations, for projects described in subdivision (c) of Section 21065 of the Public Resources Code, namely:
1. Activities directly undertaken by the city of Etna;
2. Activities undertaken by a person, which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; and
3. Activities involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, but such time limits shall apply only to those circumstances in which the city is the lead agency for a project.
B. The city council may, by resolution, establish different time limits for different types or classes of projects, but all such limits and all limits set in this section shall be made from the date on which an application requesting approval of such project is received and accepted as complete by the local agency.
C. The time limits as hereinbefore made by resolution or ordinance may provide for a reasonable extension of such period, in the event that compelling circumstances justify additional time and the project applicant consents thereto.
D. Such time limits shall be extended upon written application of the applicant for a period of up to and shall not exceed 12 months for completing and certifying environmental impact reports, and 105 days for completing negative declarations for such projects.
E. Such time limits may, from time to time, be extended or diminished by resolution of the city council, and any such resolution and this title shall apply only to applications thereafter made, unless provided for specifically otherwise.
F. The time limits hereinbefore provided shall apply only to those circumstances in which the city is the lead agency for the project. (Ord. 144, 1983; Ord. 70 § 8, 1973)