Milpitas Municipal Code Ch. 21 Environmental Assessment

Except as otherwise provided in this chapter, no building permit, license or other entitlement to land use (including, but not limited to, approval of major or minor tentative maps, parcel maps, planned unit developments, site and architectural approvals, conditional use permits or rezoning) shall be issued or approved by the City of Milpitas if the project (whether private or public) for which said permit, license or entitlement is required may have a significant impact on the environmental unless and until an environmental impact report has been made in accordance with this chapter.

(Ord. 65.63, 6/6/78)

This chapter shall not apply to:

(a) Ministerial projects (as defined in Section 15032 of the California Administrative Code).

(b) Specific actions to prevent or mitigate an emergency.

(Ord. 65.63, 6/6/78)

Prior to or concurrent with application for a permit, license or other entitlement subject to the provisions of this chapter, the applicant shall:

(a) Submit any environmental information forms as the City shall require.

(b) Provide such additional data and, information as required by the City to enable the City to determine whether the proposed project may have a significant effect on the environment or to prepare an environmental impact report.

(c) Pay the environmental impact assessment fee required by the City and specified by City Council resolution.

(Ord. 65.63, 6/6/78)

The City Council shall adopt by resolution objectives, criteria, exemptions and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to this chapter. These objectives, criteria, exemptions, and procedures shall be consistent with the provisions of this chapter, the California Environmental Quality Act and the State EIR Guidelines.

(Ord. 65.63, 6/6/78)

The City will make an initial determination as to whether an environmental impact report or a negative declaration shall be required for any project subject to the provisions of this chapter no later than 45 days for which an application for said project has been received and accepted as complete.

(Ord. 65.63, 6/6/78)

Prior to making an initial determination as to whether a negative declaration or environmental impact report is required for a project, the City will consult with all public agencies which have a responsibility for carrying out or approving the project.

(Ord. 65.63, 6/6/78)

If the City determines that a proposed project, not otherwise exempt from the provisions of this Chapter does not have a significant effect on the environment, it will adopt a negative declaration to that effect.

(Ord. 65.63, 6/6/78)

The City will establish by resolution time limits, not to exceed 105 days, to complete and adopt negative declarations.

(Ord. 65.63, 6/6/78)

If the City determines that an environmental impact report is required for a project, notice of such determination will be sent by certified mail to each public agency which has a responsibility for carrying out or approving the project.

(Ord. 65.63, 6/6/78)

The City will prepare, or cause to be prepared by contract, and certify the completion of an environmental impact report on any project for which the City has the principal responsibility for carrying out or approving which may have a significant effect on the environment.

(Ord. 65.63, 6/6/78)

The City will establish by resolution time limits, not to exceed one year, to complete and certify environmental impact reports.

(Ord. 65.63, 6/6/78)

Prior to completing an environmental impact report, the City will consult with and obtain comments from each responsible agency and any agency which has "Jurisdiction by law" (as defined in Section 15029.6 of the California Administrative Code) with respect to the project.

(Ord. 65.63, 6/6/78)

Upon completion of an environmental impact report, a notice of completion of such report will be filed with the Secretary of the Resources Agency identifying the project and indicating that an environmental impact report has been prepared.

(Ord. 65.63, 6/6/78)

If the environmental impact report for a project identifies one or more significant effects thereof, said project shall not be approved or carried out unless the City makes one or more of the following findings:

(a) Changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report.

(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such other agency, or can and should be adopted by such other agency.

(c) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. 65.63, 6/6/78)

Whenever the City approves or determines to carry out a project which is subject to the provisions of this Chapter, a notice of such approval or determination shall be filed with the Santa Clara County Clerk and indicating whether or not the project will have a significant effect on the environment and whether an environmental impact report was prepared pursuant to CEQA.

(Ord. 65.63, 6/6/78)

When an environmental impact report has been prepared for a project pursuant to this chapter, no subsequent or supplemental environmental impact report shall be required unless one or more of the following events occur:

(a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report.

(b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report.

(b) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.

(Ord. 65.63, 6/6/78)

Notices and appeals hereunder shall be given, held and governed in accordance with the procedures set forth in Chapter 20, Title I, of the Milpitas Municipal Code.

(Ord. 65.63, 6/6/78)

All time limits specified in this chapter shall be measured from the date on which an application for a proposed project is received and accepted as complete. Time limits required hereunder may be reasonably extended at the request or consent of the project proponent.

(Ord. 65.63, 6/6/78)

The City Council may authorize any project proponent to appear as the real party in interest in any litigation arising out of or in connection with any report given hereunder provided, however, all cost and expense of said litigation (including all City costs, expenses, attorney's fees, staff time, etc., incurred by the City in protecting the interest of the City in said litigation) shall be paid by the project proponent under such reasonable terms as the City may require.

(Ord. 65.63, 6/6/78)

Nothing in this chapter is intended to repeal or amend any other ordinance or provision of the Municipal Code of the City of Milpitas. The requirements of this Chapter shall be in addition to the requirements of any other ordinance or provision of the Municipal Code of the City of Milpitas.

(Ord. 65.63, 6/6/78)

Provided, however, that in the event of any conflict between the time limits required by this chapter and any other chapter of the Milpitas Municipal Code, the provisions of this chapter shall prevail.

(Ord. 65.63, 6/6/78)