Merced Municipal Code Ch. 19.16 Preliminary Procedures

The planning director shall determine if a project is exempted by this chapter from the requirements of CEQA. Any applicant applying for a permit, license, lease or other entitlement of use not exempted, shall file with the planning director an environmental review checklist in such form as may be prescribed by the city council, together with such additional information as may be required by the planning director; and the planning director in each instance shall conduct an initial study to determine if the project may have a significant effect on the environment. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. All phases of project planning, implementation and operation must be considered in the initial study of the project.

(Ord. 1195 § 8, 1977: Ord. 1136 § 5, 1975: prior code § 2.69).

Following the initial study, the planning, director shall prepare an environmental clearance report, which shall state the planning, director's determination whether the proposed project requires the preparation of an environmental impact report or the preparation of a negative declaration.

(Ord. 1136 § 6, 1975: prior code § 2.69.1).

The planning director shall refer all complete environmental clearance reports to the head of any other department of city government which the planning director determines will be affected directly or indirectly by the project or who requests notice of such environmental clearance report for review and comment. The environmental clearance report may be referred to other public agencies or officials when, in the judgment of the planning director, such reference is appropriate.

(Prior code § 2.70).

A copy of each environmental clearance report, with any comments pertaining, to it, shall be posted in the public reception area of the planning department at 561 West l8th Street, Merced, California. If a negative declaration has been issued, one copy of the same shall be filed with the city clerk, and one copy shall be posted upon the bulletin board of the city hall, adjacent to the entrance to the council chambers.

(Ord. 1195 § 11 (part), 1977: Ord. 1136 § 9 (part), 1975: prior code § 2.72(a)).

A. A negative declaration shall be prepared for a project which could have potentially a significant effect on the environment, but which the planning director finds on the basis of an initial study will not have a significant effect on the environment. Before completing a negative declaration, the planning director shall consult with all responsible agencies pursuant to Section 19.16.030.

B. A negative declaration shall include:

1. A brief description of the project as proposed, including a commonly used name for the project, if any;

2. The location of the project and the name of the project proponent;

3. A finding that the project will not have a significant effect on the environment;

4. An attached copy of the initial study documenting reasons to support the finding;

5. Mitigation measures, if any, included in the project to avoid potentially significant effects.

(Ord. 1195 § 9, 1977: Ord. 1136 § 7 (part), 1975: prior code § 2.70.1).

The appeal procedure from a negative declaration shall be as follows:

A. All appeals must be in writing and shall set forth specifically those portions of the negative declaration or the initial study which the appellant challenges and shall detail reasons for such challenge.

B. All appeals must be filed with the city clerk no later than five p.m. on the tenth day following the date of posting the negative declaration.

C. The city clerk shall place any such appeal on the agenda for the next regularly scheduled city council meeting after the final day for filing an appeal.

D. After hearing the appeal, the city council shall determine whether an environmental impact report is or is not required with regard to the project in question. The determination shall constitute the final administrative action on the negative declaration.

(Ord. 1195 § 10, 1977: Ord. 1136 § 7 (part), 1975: prior code § 2.70.2).

Notice of the preparation of a negative declaration shall be provided to the public within a reasonable period of time after issuance of the negative declaration. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be published in the newspaper at least ten days prior to the project's consideration.

(Ord. 1195 § 11 (part), 1977: Ord. 1136 § 9 (part), 1975: prior code § 2.72(b)).

At the time of filing with the planning director of an environmental checklist, the applicant must pay to the city, as a fee, the estimated costs, as determined by the planning director, of the preparation of the initial study, the environmental clearance report, and, if applicable, the negative declaration. If an EIR is required for a project, the applicant shall pay to the city, prior to the city proceeding to prepare such EIR, the estimated costs as determined by the planning director, which will be incurred by the city in preparation and review of the draft EIR and the final EIR. Such fees shall not be refundable except to, the extent, in the sole discretion of the planning director, they exceed the actual cost incurred by the city in preparation of the environmental documents. Upon the completion of the documents, if, in the opinion of the planning director, the costs incurred by the city have exceeded the estimated costs paid by the applicant, the applicant must pay to the city as an additional fee, the additional amount within ten days of billing therefor. No environmental clearance report or negative declaration shall be issued, and no environmental impact report shall be certified until all of the fees have been paid.

(Ord. 1136 § 8, 1975: prior code § 2.71).