Chowchilla Municipal Code Ch. 19.04 Environmental Impact Report

The following provisions are adopted for the purpose of implementing guidelines for environmental impact reports as adopted by the State Secretary of Resources, and are supplementary to those of said guidelines and Public Resources Code Sections 21000 through 21174. All terms used in this chapter which are described in the state guidelines shall have the same meaning as ascribed thereto in those guidelines and as they may hereafter be amended.

(Ord. 261-76 § 1, 1976)

An environmental impact review committee is created, and shall be composed of the city public works director, planner, engineer, and a representative of the Madera County health department. This committee shall prepare and adopt such procedural rules and guidelines as necessary to carry out its responsibilities, including lists of specific activities to be included in each class of categorical exemptions or as ministerial projects.

(Ord. 261-76 § 2, 1976)

An environmental assessment review committee is hereby created, and shall be composed of three of the city planning commissioners. This committee shall prepare and adopt such procedural rules and guidelines as necessary to carry out its responsibilities as listed in Section 19.04.050 of this chapter.

(Ord. 261-76 § 3, 1976)

A. All proposals to initiate public or private projects over which the city of Chowchilla has discretionary control and which do not have a categorical or emergency exemption or are not ministerial projects as defined by state guidelines, and all projects to be carried out by the city, shall be referred to the environmental assessment review committee. Where a project is to be carried out or approved by more than one public agency, review shall be carried out by the head agency, as defined in Section 15064, 15065 and 15066 of the state guidelines. The committee shall make an initial study of each project, and shall determine if the project will have a significant effect upon the environment. The determination of whether or not a project may have a significant effect shall be based on a consideration of the consequences or potential consequences of the activity listed in Sections 15081 and 15082 of the state guidelines. If it is determined that the project will not have a significant impact, the committee shall prepare a negative declaration. A negative declaration shall include a description of the project as proposed, and a finding that the project will not have a significant effect on the environment. The negative declaration, followed by a notice of determination stating the decision made regarding the approval or disapproval of the project, shall be filed with the Madera County clerk. The negative declaration should be filed at least five days before the project is approved.

B. If the committee finds after an initial study that the activity will have a significant impact of the environment, an environmental impact report shall be prepared prior to approval of the project.

(Ord. 261-76 § 4, 1976)

A. Environmental impact reports shall be prepared by or under the direction of the environmental impact review committee as named in Section 19.04.020 of this chapter. The content of an environmental impact report shall be as specified in Sections 15141, 15142 and 15143 of the state guidelines. Prior to completing the report, the environmental impact report review committee must consult with and obtain the comments of any public agency which has jurisdiction by law with respect to the project. Comments received shall be reflected in the final environmental impact report. The committee may consult with any person who has special expertise with respect to any environmental impact involved.

B. As soon as the draft environmental impact report is completed, but before copies are sent out for review, an official notice stating that the report has been completed must be filed with the Secretary of the Resources Agency.

(Ord. 261-76 § 5, 1976)

A. Completed environmental impact reports shall be submitted with the application for approval of the proposed project to the appropriate decision maker as specified by that section of this code applying to the use or action proposed. The environmental impact report shall be considered together with all additional information presented on the matter, and action to approve, conditionally approve or deny approval of a proposed project shall be taken in accordance with appropriate procedures as specified by this code as it applies to the proposed project.

B. Environmental impact reports on projects to be carried out by the city of Chowchilla shall be submitted to the planning commission of the city for consideration. The commission may approve, conditionally approve or deny approval of the proposed project based on the findings of the environmental impact report.

C. The planning commission may, at their discretion, call a public hearing on any environmental impact report as provided in Section 15165 of the state guidelines. Public notice for a hearing should be published at least once in a local newspaper no later than ten days before the hearing. The notice should briefly describe the project, highlight the major environmental impacts expected, and indicate where the environmental impact report can be obtained if it is available.

D. No public or private project which will have serious detrimental environmental impact and to which there are feasible alternatives or available mitigating measures shall be approved.

E. After preparing an environmental impact report, the city shall make it available to the public for inspection. Members of the general public requesting copies of the report shall pay the actual cost of that copy. Copies of the report shall be distributed to such public agencies as may have legal jurisdiction over or special expertise in various impacts.

F. A final environmental impact report as described in Section 15146 of the state guidelines shall be prepared upon completion of the review process. It must summarize the report, and must describe the disposition of issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts of objections). In particular, the major issue raised when the city's position is at variance with recommendations and objections must be addressed in detail (e.g., reasons why specific comments and suggestions could not be accepted, and factors of overriding importance prohibiting the incorporation of suggestions).

(Ord. 261-76 § 6, 1976)

After making a decision on the project, a notice of determination, including:

A. The decision of the city to approve or disapprove the project;

B. The determination whether the project will or will not have a significant effect on the environment; and

C. Whether an environmental impact report has been prepared pursuant to the provisions of the California Environmental Quality Act shall be filed with the Madera County clerk.

(Ord. 261-76 § 7, 1976)

Direct costs to the city for the preparation of an environmental impact report shall become part of the application fee for the permit required to initiate the project, and no permit shall be issued until the application fee has been paid. Procedures for establishing amounts and method of collection of fees shall be established by resolution of the city council. Only one report need be prepared for a project though several permits are required for its completion.

(Ord. 261-76 § 8, 1976)