Martinez Municipal Code Ch. 20.04 Environmental Review

In accordance with Section 21000 et seq. of the Public Resources Code of the State, the purpose of this title is to ensure that major consideration is given to preventing environmental damage as a consequence of activities of the City.

(Prior code § 10,400; Ord. 1083 C.S. § II, 1986)

State CEQA Guidelines adopted pursuant to Public Resources Code Section 21083 as amended from time to time are hereby incorporated in this Code by reference as if set forth in full herein.

(Ord. 1083 C.S. § II, 1986)

The Planning and Building Director shall administer the provisions of this title. The Director shall carry out all delegated duties as specified in Section 15025(a) of the State CEQA Guidelines. The Director shall also have the authority to decide, in conjunction with the Planning Commission, which course to follow when the CEQA Guidelines allow discretion, and there exists no other state or city law controlling said discretion, such as in holding a separate public hearing on a Draft Environmental Impact Report (EIR), or holding a public scoping session before beginning to prepare a Draft EIR.

(Ord. 1083 C.S. § II, 1986)

The Planning Commission shall review and decide whether each Final EIR is adequate and complies with CEQA. A Commission decision to certify a Final EIR shall be appealable to the City Council by any interested party by filing a written appeal with the City Clerk within ten days of the Commission decision on the EIR, which decision may be taken at an earlier date than the decision on the project itself.

(Ord. 1083 C.S. § II, 1986)

As to all development projects, permits or other planning submittals over which the Planning Commission has final approval authority (barring an appeal to the City Council), the Planning Commission shall review and consider the certified Final EIR or approve a negative declaration prior to approving the development project, permit or planning submittal. Under such circumstances, the Planning Commission shall make the findings required by Sections 15091 and 15093 of the CEQA regulations, if applicable.

Where the Planning Commission is required to make a recommendation on a project or any portion of a project (e.g. where other project approvals such as Design Review or Tentative Subdivision Map are approved contingent on Council approval of rezoning, general plan amendment, etc) to the City Council, the Planning Commission shall review and consider the certified Final EIR, or negative declaration in draft or final form and submit its recommended findings and decision on the project to the City Council.

In those instances where the City Council has final approval authority over the granting or denying of a development project, a permit application, a planning submittal, or a public project, the City Council shall review and consider the certified Final EIR or approve a negative declaration prior to approving the project, permit or planning submittal. In such circumstances, the City Council shall make the findings required by Sections 15091 and 15093 of the CEQA regulations, if applicable.

(Ord. 1083 C.S. § II, 1986)

The following are defined as projects over which the City has only ministerial authority, and which are therefore not subject to CEQA or environmental review under this Title: all Police Department licensing and all activities listed in Section 15268(b) of the State CEQA Guidelines.

(Ord. 1083 C.S. § II, 1986)

Projects normally exempt under Classes 3, 4, 5 and 11 of the State CEQA Guidelines shall not be exempt if located in a visually significant area as shown on the "Visual Environment" or if located in a seismic or geologic hazard area as shown on the "Seismic and Geologic Hazard" map, both maps being contained in the Open Space and Conservation element of the City General Plan.

(Ord. 1083 C.S. § II, 1986)

Any member of the Council shall have the authority to request the Council to review any decision of the Planning Commission under this title by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made, or by filing a written request with the City Clerk, provided that the oral or written request is made prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the Council, the decision shall be considered as appealed.

(Ord. 987 C.S. 1983; Ord. 1083 C.S. II, 1986)

When the City is Lead Agency, an EIR shall be completed and certified within one year from the date on which the application is accepted as complete. The Planning & Building Director may extend the above specified time limit applicable to EIR's, for a reasonable period of time, in the event that compelling circumstances justify additional time and the applicant consents to the extension. Such consent shall be written, signed by the applicant, and recite the compelling reasons for the extension. If a time extension has been granted, the City shall approve or disapprove the project within 90 days after certification of the EIR.

(Ord. 1107 C.S. § I, 1987)