Corning Municipal Code Ch. 18.08 Environmental Review

A. If the planning officer determines the project is discretionary and not exempt, he shall require the applicant to complete an environmental questionnaire, and shall seek comments from responsible and trustee agencies. Upon receipt of the questionnaire and comments, the planning officer shall conduct an initial study. The city has thirty days to determine completeness of the environmental questionnaire.

B. After conducting an initial study, the planning officer shall submit that study, the environmental questionnaire, and comments from responsible and trustee agencies to the Environmental Review Commission for review and evaluation. The commission shall determine whether an EIR will be prepared or whether a negative declaration is to be filed. The commission shall require the preparation of an EIR for all projects which it determines will, in fact, have a significant effect on the environment.

(Ord. 436 §3, 1985: Ord. 285 §2, 1973).

A. When an Environmental Impact Report is submitted to the city council by the Environmental Review Commission, the council shall review the report and determine if an additional public hearing is required to adequately inform the council of the facts regarding the project.

B. If deemed necessary, the city council shall set the time and place for a public hearing on the report, and give notice thereof in the manner and for the time required by this title. At the time set for hearing, the city council shall proceed to hear viewpoints and recommendations from interested agencies, department heads, members of the Environmental Review Commission, and from private organizations and persons affected. Such hearings may be continued from time to time.

C. At the conclusion of the hearing before the council, the hearing shall be declared closed and the council shall, within thirty days thereafter, make its determination, findings, and determining:

1. Whether or not the proposed project will have any significant effect on the environment;

2. Approving, conditionally approving, or denying approval of the proposed project.

D. Should the city council determine, from the Environ-mental Impact Report, that sufficient public hearing has been conducted by the commission during preparation of the report, and that unnecessary delay would result from an additional public hearing, the determinations listed in subsection C of this section above shall be made without public hearing by the city council.

E. In making its determination, the council shall be guided by the provisions of Chapter 1 of the Environmental Quality Act of 1970; provided, however, that determination by the council that the proposed project would have a significant adverse effect upon the environment shall not preclude the council from approving or conditionally approving the project.

(Ord. 295 §4, 1973).

Any action or proceeding to attack, review, set aside, void, or annul any decision upon matters covered by this title or concerning any of the proceedings, acts, or determinations taken or done prior to such decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced within thirty days after final decision by the city council. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations. (Ord. 285 §5, 1973).