SBMC Chapter 18.04 ENVIRONMENTAL PROTECTION

This chapter is intended to provide for enhancement and protection of the environment within the city by establishing principles, objectives, criteria, definitions and procedures for evaluation of the environmental impact of public and private projects in an orderly manner. This chapter implements the California Environmental Quality Act (hereinafter “CEQA”) and the state CEQA guidelines issued pursuant thereto by the Resources Agency. This chapter provides for the preparation and evaluation of environmental documents and establishes the city’s responsibility for protecting the environment. (Ord. 88 § 1, 1989; 1987 Code § 12.04.020)

18.04.030 State guidelines incorporated by reference.

A. Chapter 3, Division 6, Title 14 of the California Code of Regulations as amended to January 1, 1989, one copy of which is on file in the office of the city clerk for public review and inspection, is adopted by reference as the environmental review regulations for the city, except for changes, additions, deletions, amendments or supplements contained in this chapter which shall supersede the provisions of said guidelines.

B. Article 16 of Chapter 3, Division 6, Title 14 of the California Code of Regulations is not adopted. (Ord. 88 § 1, 1989; 1987 Code § 12.04.030)

18.04.040 General prohibition.

A. No decision making body of the city shall approve or carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level or specific findings of overriding considerations have been made.

B. No permit, license, approval or other entitlement shall be given for any project or for any items listed in SBMC 18.04.050, nor shall any project be undertaken by the city, until the requirements of this chapter have been fulfilled. (Ord. 88 § 1, 1989; 1987 Code § 12.04.040)

18.04.050 Application.

A. This chapter applies to all projects in the city undertaken or pursued by the city and to all permits, licenses, approvals or other entitlements for any of the following, provided that they are not otherwise exempted:

1. Zone change and zone code amendments;

2. Variances;

3. Specific plans or precise development plans or amendments thereto;

4. Common interest developments or conversion of existing projects to common interest developments, including but not limited to planned developments, planned unit developments, planned community developments, condominium projects and conversions to condominiums;

5. Conditional, special, major or minor use permits;

6. Community redevelopment projects;

7. Tentative parcel maps;

8. Drill sites within any oil or water drilling district;

9. Tentative subdivision maps;

10. Grading, excavation, fill and dredging permits;

11. Site development plans;

12. Adoption or amendment of a general plan or element thereof;

13. Any other private activity requiring a city discretionary permit or entitlement, which would have an adverse effect on the environment;

14. Any permit or approval, including building permits, where the city or its staff exercises deliberation or judgment in the approval process;

15. Any permit for removal of significant trees on public land or on public rights-of-way;

16. Any commercial or industrial project consisting of 5,000 square feet or more requiring a building permit;

17. Any alteration or addition to residential, commercial or industrial structures of 2,500 square feet or over 50 percent of the existing development, whichever is less;

18. Any permit required by the provisions of the flood damage prevention overlay zone.

B. This chapter does not apply to any action excepted or exempted from review under CEQA, the state CEQA guidelines or guidelines adopted by the city council pursuant to this chapter. (Ord. 88 § 1, 1989; 1987 Code § 12.04.050)

18.04.060 General responsibilities.

A. Community Development Director. The community development director (referred to in this chapter as the director) is responsible for the general administration and implementation of this chapter. Whenever any notices, reports or documents are required or permitted to be filed, the community development director shall be responsible for such filing unless otherwise provided in this chapter. Whenever this chapter or CEQA requires the city to make a determination or do an act and the person or body to make the determination or do the act is not specified, then the director shall have the responsibility, subject to appeal to the city council. The director shall be responsible for the preparation of any environmental impact report (“EIR”) or negative declaration required by this chapter. The director may require an applicant for a city entitlement for any private project to submit data and information which may be necessary to determine whether the proposed project may have a significant effect on the environment, or to prepare an environmental impact report, or any part thereof; provided, however, that the city shall remain responsible for the contents of the report. The director may also require the applicant to pay the cost of a city consultant hired to prepare an environmental impact report. The director may call for assistance from any city department, other governmental entities and the public as the director determines necessary to carry out these responsibilities. The director may delegate the responsibilities under this chapter to any city employee or consultant, provided that the director shall retain ultimate responsibility for the performance of the duties.

B. Persons Charged with Issuing Permits. All persons having the responsibility for issuance of any permit for a project as defined in this chapter shall comply with this chapter.

C. Permit Applicant. Any person seeking the issuance of a permit for any project as described in this chapter shall first comply with this chapter and procedures set forth in the guidelines, and shall thereafter construct and maintain the project in reasonable compliance with such permit.

D. City Council. It is the responsibility of the city council:

1. To hold a public hearing on every environmental impact report and on every project the environmental review for which is conducted pursuant to State Public Resources Code Section 21083.3;

2. To complete the final environmental impact report in compliance with CEQA, the state guidelines and this title;

3. For projects for which the city council or any city official is the final decision making body except for the possibility of appeal, to certify that the environmental impact report is completed pursuant to CEQA, the state guidelines and this title;

4. To hear appeals of decisions made by the community development director as provided in this chapter.

E. Decision Making Body. The decision making body or administrative official having final approval authority over the project shall certify that such decision making body or administrative official has reviewed and considered the information in the EIR prior to approving the project, or, if no EIR was prepared, that the project was processed in compliance with this code. The decision making body shall also approve or disapprove negative declarations prior to consideration of project.

F. Department Heads. All department heads of the city shall cooperate with and assist the director in the performance of the director’s duties under this chapter. All department heads shall respond promptly to all requests for information or assistance made by the director. (Ord. 88 § 1, 1989; 1987 Code § 12.04.060)

18.04.070 Determination of exception and exemption.

A. The director shall determine whether a private project, other than a ministerial project, is excepted or exempted from the requirements of this chapter.

B. For ministerial projects and projects proposed by the city, the department head with the responsibility for approving or carrying out the project shall determine whether the project is excepted or exempted from the requirements of this chapter, or shall refer the project to the director for a determination.

C. The applicant, and any other person who has previously filed a written request for notice regarding a project, shall be notified in writing of the determination made pursuant to subsection A or B. A list (or other document) of the determinations of exemption or exception shall be posted weekly for five business days in a public portion of City Hall.

D. The director, or other appropriate department head, may determine, notwithstanding that a project may be within an exemption or exception, that it may have a significant effect on the environment for such reasons as scope or scale of the activity, the cumulative impact of successful projects of the same type and in the same area, proximity to the beach, proximity to a lagoon, proximity to a floodplain, proximity to an environmental resource of hazardous or critical concern or any other reason which, in the judgment of the director or appropriate department head, may involve a matter of the environment. If such a determination is made, the determination of exemption shall not be issued and the project shall be processed in accordance with this chapter.

E. The determination of exemption under this section may be in the form of a notice of exemption prepared pursuant to SBMC 18.04.090 and Section 15062 of the state CEQA guidelines, but shall not be filed with the county clerk until authorized under SBMC 18.04.090. (Ord. 88 § 1, 1989; 1987 Code § 12.04.070)

18.04.080 Appeals of determinations on exceptions or exemptions.

A. The determinations made according to SBMC 18.04.070 are final unless appealed to the city council. Appeals shall be filed in writing with the city clerk within 10 calendar days of the expiration of the period for posting, or if no posting is required, within 15 calendar days from the date of the mailing of the written notice. For the purpose of this section, if written notification is mailed, delivery shall be the date of mailing.

B. The city council shall hear the appeal no later than the second regularly scheduled meeting following the filing of the appeal and may approve or disapprove the decision. The decision of the city council shall be noticed in the manner provided in SBMC 18.04.070 as appropriate and shall be mailed to the applicant and the appellant. The time for the council to hear the appeal may be extended by the city council for good cause.

C. Notice of the city council hearing on appeal shall be given as provided for the noticing of negative declarations and by first class mail to the applicant and the appellant.

D. The decision of the city council shall be final. (Ord. 88 § 1, 1989; 1987 Code § 12.04.080)

18.04.090 Notice of exemption.

A. When a project qualifies for an exception or exemption and the city approves or determines to carry out the project, the director, or other appropriate department head, may file a notice of exemption with the county clerk. Such notice shall include a description of the project, the location and the finding that the project is within an exception or exemption and a brief statement of the reasons for the finding. These notices may be filed weekly.

B. Whenever the city approves an applicant’s project, the applicant may file a notice of exemption. The notice of exemption, filed by the applicant, shall contain the information required in subsection A of this section, together with a certified document issued by the city stating that it has found the project to be exempt. This may be a certified copy of the determination made according to SBMC 18.04.070 or of the resolution approving the project.

C. The notices of exemption shall contain the information and be in the form required by State Public Resources Code Section 21151 (b). (Ord. 88 § 1, 1989; 1987 Code § 12.04.090)

18.04.100 Initial study.

A. If the project is not categorically exempt and does not qualify for an exception, the director shall conduct an initial study to determine if the project may have a significant effect on the environment. The responsible city department or a private applicant for a city entitlement shall submit to the director a completed environmental impact assessment form as an aid to the determination. The director may require an expanded initial study when necessary to determine whether the project will have a significant effect on the environment. The expanded initial study shall not be used as a substitute for an environmental impact report.

B. The director, with assistance from the city departments or staff, as appropriate, shall review each project for which an initial study form has been filed. The director shall evaluate all information regarding the project and shall determine whether or not the project as proposed may involve a significant impact on the environment.

C. Except as otherwise provided by law, if it is determined that a project may have a significant impact on the environment, the director shall prepare, or cause to be prepared, an EIR according to the requirements of this chapter.

D. If it is determined that the project will have no significant impact on the environment, the director shall prepare a negative declaration.

E. If significant effects on the environment identified in the initial study can be mitigated so that the project will have no significant effect on the environment, the project applicant may revise or redesign the project to mitigate these effects. If the director finds that the project as revised or redesigned will have no significant impact on the environment, the director may then issue a negative declaration for the project subject to appropriate conditions to assure that no significant impact will result; provided, however, that no step or element of the project which may have a significant effect on the environment may be implemented or carried out unless the conditions intended to mitigate that effect have been implemented or carried out. The revisions or redesign shall occur prior to public notice of the negative declaration.

F. The applicant, and any interested party who has requested notice, shall be given written notice of the director’s determination under this chapter. Such notification may be given either by personal delivery or first class mail. The applicant, or other interested party, may appeal the director’s determination to the city council within 10 calendar days after either the personal delivery or mailing of the notice. The hearing shall be processed according to the procedures established in SBMC 18.04.070 for hearing on determinations of exceptions. The decision of the city council shall be final. (Ord. 88 § 1, 1989; 1987 Code § 12.04.100)

18.04.110 Consultation during initial study.

Prior to determining whether a negative declaration or EIR is necessary for a project, the director shall consult with responsible agencies. This consultation may be quick and informal. (Ord. 88 § 1, 1989; 1987 Code § 12.04.110)

18.04.120 Public notice of preparation.

A. In order to insure adequate public participation in the environmental process, public notice of the preparation of negative declarations and EIRs may be given prior to the completion of the declaration or draft of the EIR. The director may establish guidelines for determining those projects which may require public notice of preparation. The director shall determine when such notice shall be given. Notice of preparation may be given by publishing once in a newspaper of general circulation in the area where the project is located and mailing to all persons who have previously requested such notice. All notices of preparation shall be posted in a public portion of City Hall. This notice is additional to all other notices.

B. Prior to completing a negative declaration or draft EIR, the director may consult directly with any person or organization he believes will be concerned with the environmental effects of the project. (Ord. 88 § 1, 1989; 1987 Code § 12.04.120)

18.04.130 Negative declaration.

A. The director shall prepare a negative declaration if the project qualifies for a negative declaration under the provisions of this chapter. The declaration shall include a statement that comments on the declaration may be made.

B. Notice that a negative declaration has been prepared shall be given to the public at least 10 days prior to the final adoption by the decision making body of the negative declaration, and shall also be given to all organizations and individuals who have previously requested such notice. (Ord. 88 § 1, 1989; 1987 Code § 12.04.130)

18.04.140 Appeal of negative declaration.

A. If the decision making body has the authority under this code to finally approve or deny a project, the decision to approve, conditionally approve or disapprove a negative declaration is final unless:

1. Any interested party files an appeal to the city council of the project as provided by this code for appeals of projects;

2. Any interested party appeals to the city council the approval of the negative declaration in writing filed with the city clerk within 10 days of the decision making body’s approval of the negative declaration.

B. A fee established according to this chapter shall be paid to the city clerk at the time of filing the appeal.

C. If an appeal is of the project, notice shall be given as provided in city ordinance for appeals of the project. If the appeal is of the negative declaration alone, the clerk shall give a notice of hearing in the manner specified in Section 15072 of the state guidelines not later than 10 days prior to the hearing. Such notice shall also be mailed to the applicant and the appellant.

D. The city council shall hear the appeal and may approve, modify or disapprove the decision of the decision making body. The decision of the city council is final. For the purpose of this section, appeal of the decision on the project shall be deemed an appeal of the decision on the negative declaration as well. (Ord. 88 § 1, 1989; 1987 Code § 12.04.140)

18.04.150 Lead agency.

A. If the director determines that a project is to be carried out or approved by one or more public agencies in addition to the city, he shall first determine which entity will be the lead agency.

B. If the director determines that the city is the lead agency, the project shall be processed in accordance with the terms of this chapter.

C. If the director determines that another public agency is the lead agency, the environmental documents prepared by such agency shall be the environmental documentation for the city. Such documents shall be considered by the city prior to acting upon or approving the project, and the acting or approving authority shall certify as a part of their decision that the information contained therein was reviewed and considered. A project processed in accord with subsection C of this section shall be deemed to be in compliance with the requirements of this chapter.

D. Whenever the city is a responsible agency, the director shall provide the information and responses to the lead agency which the director deems necessary in order to comply with the statutory responsibilities of a responsible agency. (Ord. 88 § 1, 1989; 1987 Code § 12.04.150)

18.04.160 Prior compliance.

If the director determines that an EIR or negative declaration has been certified for a project in connection with some previously issued entitlement, then the prior environmental document shall be sufficient to comply with this chapter unless subsequent or supplemental environmental review is required pursuant to the provisions of this chapter. (Ord. 88 § 1, 1989; 1987 Code § 12.04.160)

18.04.170 Preparation of environmental impact report.

Environmental impact reports shall be prepared by the director for all city projects. The applicant for city entitlement for any private project may prepare and submit a preliminary EIR to the director. The director may, but is not required to, adopt the applicant’s submittal as the document to be circulated for public review, or may use all or any part of the applicant’s submittal as a basis for an environmental impact report prepared by or for the city. The director may require the applicant to submit additional information necessary for a full and complete report. The director may call for assistance from other departments, other governmental entities and the public as he determines necessary for a full and complete report. The director may, with the approval of the city manager, enter into a contract with private consultants for the preparation of a draft EIR. The cost for such consultants shall be paid by the applicant. The consultant shall not be an employee or affiliate of the applicant. (Ord. 88 § 1, 1989; 1987 Code § 12.04.170)

18.04.180 Responsibilities of director regarding draft environmental impact report.

The draft EIR shall contain substantially the same information as a final EIR. The director shall consult with and obtain comments from other public agencies having jurisdiction by law with respect to the project. The director should also consult with any person having special expertise with respect to any environmental impact involved. The director shall maintain a listing of local, state and federal agencies which have jurisdiction by law with respect to various projects and project locations within the city. A list of local agencies or persons with special expertise or concerns with regard to such projects shall also be maintained. Copies of the draft report shall be submitted for comment to all agencies having jurisdiction by law over the project. Copies of the draft report may also be submitted for comment to other agencies and persons as the director determines to be necessary to a full and complete report. If any public agency or person consulted failed to comment within the time specified by the city for such comment, or within a reasonable time, it shall be assumed such agency or person has no comment to make and such fact may be included in the final report. The draft report shall be mailed to the applicant and a copy shall be available to the public at the planning department. A copy shall also be furnished to and made available at the city clerk’s office. The public copy shall be available for 30 days after the publication of the notice of completion. The director may, in exceptional cases, extend the period of public availability when such action is necessary for a full and complete report. The director will accept written comments on, or objections to, the draft report during the period of public availability. After the expiration of said period, the director shall prepare, or cause to be prepared, the final EIR. (Ord. 88 § 1, 1989; 1987 Code § 12.04.180)

18.04.190 Notice of completion.

A. As soon as a draft of the EIR is completed, the director shall file a notice of completion with the secretary for the resources agency. At the same time, the notice of completion shall be posted in a public portion of City Hall. In addition, notice shall be given to all organizations and individuals who have previously requested such notice, and shall also be given by at least one of the following procedures:

1. Publication once in a newspaper of general circulation in the city;

2. Posting on and off site in the area where the project is located;

3. Direct mailing to owners of property as shown on the latest equalized assessment roll within a radius of 300 feet of the proposed project.

B. The director may require any additional notice he deems necessary for the project and shall assess the cost to the applicant in lieu of public notice as specified in this section. The notice required by this section may be given in the same manner and at the same time as the public notice otherwise required for the project. This shall not relieve the director from the obligation to post the notice on the bulletin board and send the notice to organizations and persons previously requesting such notice. (Ord. 88 § 1, 1989; 1987 Code § 12.04.190)

18.04.200 Final environmental impact report.

The final EIR shall include the draft EIR, a section listing the organizations and persons consulted, the comments received, either verbatim or in summary, and the response of the director to the significant environmental points raised in the review and consultation process. The response of the director may be in the form of a revision of the draft EIR or an attachment thereto describing the disposition of the significant points raised. The major issues raised when the position of the director is at variance with the comments shall be addressed in detail, and the reasons why any specific comments and suggestions were not accepted shall be stated. The city council may, by resolution, prescribe guidelines in addition to the requirements of this section for the contents of the EIR. (Ord. 88 § 1, 1989; 1987 Code § 12.04.200)

18.04.210 City council hearing.

A. Upon completion of the comment period, the director shall cause the EIR to be set for public hearing by the city council. Notice of the public hearing shall be given as follows:

1. Notice of the hearing shall be mailed or delivered, at least 10 days prior to the hearing, to the owner of the subject real property, the owner’s duly authorized agent, or to the project applicant. This provision shall apply only to noncity projects.

2. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, schools or other essential facilities or services to the project and whose ability to provide those facilities or services may be significantly affected by the project.

3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subparagraph is greater than 500, in lieu of mailed or delivered notice, the director may permit notice to be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city at least 10 days prior to the hearing.

4. If the notice is mailed or delivered pursuant to subparagraph 3, the notice shall also either be:

a. Published, pursuant to Government Code Section 6061, in at least one newspaper of general circulation within the city at least 10 days prior to the hearing; or

b. Posted at least 10 days prior to the hearing in at least three public places in the city.

5. The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision making body receives substantial evidence that notice has not been given as required by this chapter, then the decision making body may continue the matter for hearing after proper notice has been given.

6. It is the responsibility of the applicant to provide addressed and stamped envelopes for the mailed notice and to pay the cost of all notice given pursuant to this section.

B. If the hearings on the EIR will be consolidated according to this chapter with public hearings on other approvals of the project, the notice required by this section may be given in the same manner, and at the same time, as public notice otherwise required for the project. At the hearing, the city council shall hear staff comments on the report, refer it back to staff for further investigation, information and analysis, and for the inclusion of additional material if they determine such to be necessary to a full and complete report. The report shall be supplemented to include any significant points raised at the hearing and not covered in the report. If the city council finds that the report has been completed in compliance with CEQA, the state guidelines and this chapter, it shall, by motion, so certify. (Ord. 88 § 1, 1989; 1987 Code § 12.04.210)

18.04.220 Consolidation.

The city council may consolidate a hearing on an EIR or consideration of the negative declaration with any other hearing held by the city council in regard to the same project. In such case the city council shall review and consider the information contained in the report before taking action on other aspects of the project. (Ord. 88 § 1, 1989; 1987 Code § 12.04.220)

18.04.230 Standard of review.

A. In considering whether or not to approve a project for which an EIR is required and has been prepared, the city council shall first review and consider the information contained in the report. The report is an informational document prepared to inform the decision makers and the general public of the environmental effects of the projects they propose to carry out or approve. The process is intended to enable the city to:

1. Evaluate a project to determine whether it may have a significant effect on the environment;

2. Examine and institute methods of reducing adverse impacts; and

3. Consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project.

B. An EIR may not be used as an instrument to rationalize approval of a project; nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved. While it is the express policy of the city to give major consideration to preventing environmental damage, it is recognized that the city also has obligations to balance other public objectives, including economic and social factors, in determining whether and how a project should be approved. In that regard, the city council may balance environmental objectives with economic and social objectives in arriving at a decision. In evaluating whether or not to approve the project, or to grant the permit, license or other entitlement applied for in connection with the report, the city council shall weigh any adverse environmental effects against any positive effects and any benefit to the city and the public which could result from the proposed project. The city council may disapprove a project if it finds that the adverse consequences outweigh the positive aspects of the project. The city council may approve a project if they find the reverse to be true. The city council may also conditionally approve or modify the project in consideration of the information in the report. (Ord. 88 § 1, 1989; 1987 Code § 12.04.230)

18.04.240 Required findings – Mitigation measures.

A. If the EIR for a project identifies one or more significant effects, the project shall not be approved or carried out unless the city council makes one or more of the following written findings or statements for each significant effect (a statement of facts supporting each finding shall also be made):

1. Changes or alterations have been required on, or incorporated into, the project and which mitigate or avoid the significant environmental effects as identified on the EIR.

2. The mitigation measures are within the responsibility or jurisdiction of another public agency.

3. Specific economic, social or other considerations make infeasible mitigation measures or project alternatives.

B. If the project will be approved or carried out and a significant environmental effect will not be reduced to an acceptable level, the city council shall make a statement of overriding considerations which shall be mentioned in the notice of determination and shall include the following written findings or statements:

1. The reasons which support its action, based on the final EIR or other information on the record or a combination of both;

2. Any findings or statements required under subsection A of this section. (Ord. 88 § 1, 1989; 1987 Code § 12.04.240)

18.04.250 Consideration of environmental documents.

In considering whether or not to approve a project for which a negative declaration has been processed, a determination of exemption, exception or prior compliance made, or any other environmental document issued which results in an endorsement of compliance pursuant to this chapter, the city council shall first review and consider such document and all the information contained therein. The standard of review prescribed in SBMC 18.04.230 for evaluation of EIRs shall be applied. (Ord. 88 § 1, 1989; 1987 Code § 12.04.250)

18.04.260 Notice of determination.

A. Within five working days after the city council approves or determines to carry out a project or grants a requested entitlement for which a negative declaration or EIR has been prepared, the director shall file a notice of determination with the county clerk.

B. When a notice of determination is returned by the county clerk after the required posting period, the director may make the notice a part of the project file or may forward the notice to the appropriate custodian of the project file for placement in the file.

C. The notice of determination shall contain the information and be substantially in the form required by State Public Resources Code Section 21152(a). (Ord. 88 § 1, 1989; 1987 Code § 12.04.260)

18.04.270 Monitoring of mitigation measures.

Whenever a project is approved subject to mitigation measures, including measures incorporated into the project design or imposed as a condition of approval, the decision making body shall establish a program to monitor the implementation of the mitigation measures. The project applicant shall be responsible for the cost of the monitoring program. (Ord. 88 § 1, 1989; 1987 Code § 12.04.270)

18.04.280 Review of lead agency environmental impact reports.

When a lead agency submits an EIR to the city for comment, it shall be referred to the director. The director is responsible for reviewing the report, preparing appropriate comments and forwarding any such comments to the lead agency within the indicated time limits. The director may consult with and obtain input from any person with knowledge or expertise regarding the matter. As part of the review, the director shall focus on the sufficiency of the EIR in discussing possible impacts upon the environment, ways in which adverse effects might be mitigated, and alternatives to the project, in light of the intent of CEQA to provide decision makers with useful information about such factors. (Ord. 88 § 1, 1989; 1987 Code § 12.04.280)

18.04.290 Requests for environmental documents.

The director shall make EIRs or other environmental documents available for reasonable public inspection. A charge no greater than the actual cost of reproduction shall be paid for by any person requesting copies. (Ord. 88 § 1, 1989; 1987 Code § 12.04.290)

18.04.300 Retention of public comment.

Comments received from other agencies or individuals in the course of the consultation process while preparing an EIR shall be kept for a reasonable time in the City Hall. They shall be made available to the public, subject to the same terms as other environmental documents. Comments regarding any project received independently of the report review process shall also be considered and kept on file. (Ord. 88 § 1, 1989; 1987 Code § 12.04.300)

18.04.310 Cost of reports – Fee schedule.

The city council may, by resolution, adopt a fee schedule for the processing of projects subject to this chapter and for the processing of any report or appeal thereunder. In the event city staff is unable to prepare an EIR, the director may cause the same to be prepared and the actual cost shall be collected from the applicant. (Ord. 88 § 1, 1989; 1987 Code § 12.04.310)

18.04.320 Mailing of notice on request – Clerk.

The city clerk shall mail, on a continuing basis, copies of all notices of appeal, notices of hearings and other notices resulting from this chapter to any individual or group who files a written request therefor. Such requests shall be made annually. A fee in an amount established by city council resolution shall accompany each such request. (Ord. 88 § 1, 1989; 1987 Code § 12.04.320)

18.04.330 Mailing of notice on request – City.

The director shall mail a copy of any negative declarations on a continuing basis to any individual or group so requesting in writing. Such requests shall be made annually and shall be accompanied by a fee in an amount established by city council resolution. (Ord. 88 § 1, 1989; 1987 Code § 12.04.330)

18.04.340 Community development director.

A. “Community development director,” as used in this chapter, means the community development director of the city or the director’s designated representative.

B. The director may approve the designation of a private consultant hired by the city to act for the director for a particular project, except that the director shall retain all final decision making authority vested in the director by this chapter. (Ord. 88 § 1, 1989; 1987 Code § 12.04.340)

18.04.350 Guidelines.

The city council may adopt, by resolution, additional guidelines to aid in the implementation of this title. These guidelines may include, but are not limited to, guidelines for preparation of draft and final EIRs, a form which will solicit sufficient information to allow the director to determine if a project may have a significant effect on the environment, and guidelines for mandatory finds of significant effect. (Ord. 88 § 1, 1989; 1987 Code § 12.04.350)

18.04.360 Notices of other hearings.

Except as provided in SBMC 18.04.210, notice of any other public hearings required by this chapter shall be given by publication once in a newspaper of general circulation at least 10 days before the hearing. (Ord. 88 § 1, 1989; 1987 Code § 12.04.360)

Prior legislation: Ord. 20.

Chapter 18.04ENVIRONMENTAL PROTECTION1

18.04.010 Title.

18.04.020 Purpose.