Merced Municipal Code Ch. 19.20 Environmental Impact Report

A. If the planning director finds after an initial study that the project may have a significant effect on the environment, the city must prepare or cause to be prepared an environmental impact report (EIR).

B. An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment.

C. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project.

(Ord. 1195 § 12, 1977: Ord. 1136 § 10, 1975: prior code 2.73).

Only one EIR shall be required in connection with any one project or underlying activity. The city shall prepare the EIR and any other environmental documents by its own efforts or by contract. The planning director may require the applicant to supply data and information, and may require that the data and information be in the form of a proposed draft EIR. Any proposed draft EIR shall be subject to independent analysis and evaluation by the city. A draft EIR issued for public review must reflect the independent judgment of the city.

(Ord. 1195 § 13, 1977: Ord. 1136 § 11, 1975: prior code 2.74).

If a state agency requires a local agency to perform a project, the EIR prepared by the local agency may be limited to consideration of those factors and alternatives which do not conflict with the order of the state agency.

(Ord. 1136 § 12 (part), 1975: prior code § 2.74.1).

The EIR may be prepared as a separate document or as part of a project report. If prepared as part of a project report, the EIR must still contain in one separate and distinguishable section the elements required in an EIR, including, such elements as may be specified by the city council by ordinance or resolution.

(Ord. 1136 § 12 (part), 1975: prior code § 2.74.2).

All public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the city council. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the Health and Safety Code of the state.

(Ord. 1136 § 12 (part), 1975: prior code § 2.74.3).

Before completing a draft EIR, the city shall consult with all responsible agencies. The city should also consult directly with any person or organization believed to be concerned with the environmental effects of the project.

(Ord. 1136 § 12 (part), 1975: prior code § 2.74.4).

A. Where an EIR or negative declaration has been prepared, no additional EIR need be prepared unless:

1. Subsequent changes are proposed in the project which will require major revisions of the EIR, due to involvement of new environmental impacts not considered in a previous EIR on the project; or

2. Substantial changes occur with respect to circumstances under which the project is undertaken, such as a substantial deterioration in air quality where the project will be located, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in a previous EIR; or

3. New information of substantial importance to the project becomes available, and

a. The information was not known or could not have been known at the time the EIR was certified as complete or the negative declaration was adopted, and

b. The new information shows any of the following:

i. The project will have one or more significant effects not previously discussed in the EIR,

ii. Significant effects previously examined will be more severe than shown in the EIR,

iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, or

iv. Mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more significant effects on the environment.

B. If the EIR or negative declaration has been completed but the project has not yet been approved, the city shall prepare or cause to be prepared the subsequent EIR before approving the project.

(Ord. 1236 § 3, 1979: prior code § 2.74.5).

A. In regard to any proposed federal project in the city which may have a significant effect on the environment and on which the city officially comments, the city officials responsible for such comments shall include in their comments a discussion of the matters specified for inclusion in an EIR.

B. In cases where this title requires the preparation of an EIR by the city and an EIS has been or will be prepared for the same project pursuant to the requirements of the National Environmental Policy Act of 1969 and implementing regulations thereto, all or any part of such statement may be submitted in lieu of all or any part of an EIR required by this title, provided that the EIS or the part thereof so used complies with the requirements of this chapter. In cases where the federal EIS is used, discussion of mitigation measures and growth inducing impact must be added or supplemented if the EIS does not include an adequate discussion of these elements.

(Ord. 1136 § 13, 1975: prior code § 2.75).

Upon completion of a draft EIR, a notice of completion shall be filed with the Secretary for Resources of the state. The notice shall include a brief description of the project, its proposed location, and address where copies of the draft EIR are available, and the period during which comments will be received. The notice of completion will provide the basis for information published by the Secretary for Resources in the EIR monitor. Where the EIR will be reviewed through the state review process handled by the state clearing house, the cover form required by the state clearing house may be used in lieu of the notice of completion, and no notice of completion need be sent to the Secretary for Resources. Public notice of the draft EIR shall also be provided at the same time as the notice of completion and in the same manner as provided for in Section 19.16.070. The city shall use the state clearing house to distribute EIRs and other environmental documents to state agencies for review.

(Ord. 1195 § 12, 1977: Ord. 1136 § 14, 1975: prior code § 2.76).

The draft EIR, together with any comments from other public agencies or interested parties shall be reviewed by the planning commission at a public hearing. Notice of the public hearing shall be published in the official newspaper of the city at least ten days prior to the hearing. Notice shall state:

A. The time and date of the hearing;

B. The place and hour at which the draft EIR may be examined by the public prior to the hearing; and

C. The place at which copies of the draft EIR may be obtained.

(Ord. 1171 § 1, 1976: Ord. 1136 § 15, 1975: prior code § 2.77).

After review by the planning commission, the city shall prepare a final EIR. The final EIR shall include:

A. The draft EIR or a revision of the draft;

B. Comments and recommendations received concerning the draft EIR, either verbatim or in summary;

C. A list of persons, organizations and public agencies commenting on the draft EIR;

D. The responses of the city to significant environmental points raised in the review and consultation process; and

E. Any other information which the planning director may require to be included.

(Ord. 1171 § 2, 1976: Ord. 1136 § 16, 1975: prior code § 2.78).

In those instances where the planning commission takes final action on projects, the final EIR shall be reviewed by the planning commission at a public hearing. In those instances where the city council takes final action on projects, the final EIR shall be reviewed by the city council at a public hearing. Notice of the hearing shall be published in the official newspaper of the city at least ten days prior to the hearing. The notice shall state the time and date of the hearing, and the place at which, and hours during which, the EIR may be examined by the public prior to the hearing. When satisfied that the final EIR has been completed in compliance with CEQA and the state guidelines, and that the reviewing body has reviewed and considered the information contained in the EIR, the reviewing body shall so certify prior to the approval or disapproval of the project. The certification constitutes the final administration action on the EIR.

(Ord. 1195 § 15, 1977: Ord. 1171 § 3, 1976: Ord. 1136 § 17, 1975: prior code § 2.79).