Chapter 19.30 — PROCEDURES FOR THE PREPARATION OF AN EIR

Whenever it has been determined by the planning director that a proposed project may have a significant environmental impact, an EIR shall be prepared.

(Ord. 722 § 1(part), 1996).

An EIR for a private project shall be completed and certified within one year of the date of acceptance of the project application as complete unless:

(a)

The conditions specified in state guidelines Section 15109 or 15110 exist;

(b)

Compelling circumstances justify additional time and the planning director and project applicant consent thereto. In such cases, the time limit may be extended once for a period of not more than ninety days;

(c)

The project for which the EIR is prepared is a legislative act such as a general plan amendment or zone change.

(Ord. 722 § 1(part), 1996).

19.30.520 - Early consultation.

(a)

Notice of Preparation.

(1)

Immediately after determining that an EIR will be required for a project, the planning director shall send a notice of preparation by certified mail or other method of transmittal which provides a record of receipt to:

(A)

Responsible and trustee agencies responsible for resources affected by the project;

(B)

The State Clearinghouse;

(C)

Any federal agency involved in approving or funding the project;

(D)

The Siskiyou County clerk.

(2)

Alternatively, the planning director may send ten copies of the notice of preparation to the state clearinghouse for distribution to responsible and trustee agencies.

(3)

Additionally, the planning director shall send a notice of preparation to:

(A)

Responsible city departments;

(B)

Property owners, and where practicable occupants, within three hundred feet of the subject property as shown on the latest equalized assessment roll. Alteratively, if more than one hundred households or business addresses exist within three hundred feet of the property, then the notice of preparation may be published in a newspaper of general circulation within the city;

(C)

Decision-making bodies;

(D)

Recommending bodies;

(E)

ll organizations and individuals who have previously requested such notice.

(b)

Scoping Session.

(1)

Where an EIR is required for a large-scale, complex or controversial project, the planning director may determine that a scoping session be held as necessary to solicit comments from the public concerning the scope of the issues to be addressed in the preparation of the EIR. Responsible agencies, trustee agencies, or the project applicant may also request scoping meetings, which are to be held within thirty days of such request.

(2)

Notice of the public scoping sessions shall be published in a newspaper of general circulation within the city and shall be sent to all parties receiving the notice of preparation.

(3)

Notice of the scoping sessions may be made concurrently with the notice of preparation.

(4)

Scoping sessions shall be convened by appropriate city staff unless the recommending body and/or decision-making body requests to run the meeting.

(Ord. 722 § 1(part), 1996).

Draft EIRs shall contain the information specified in the state guidelines and shall be prepared in a format to the satisfaction of the planning director.

(Ord. 722 § 1(part), 1996).

(a)

Distribution to City Departments. Prior to circulation of a draft EIR, an administrative draft EIR (ADEIR) shall be distributed to appropriate city departments for review and comment.

(b)

Other Distribution. At the discretion of the planning director, copies of the ADEIR may be distributed for review by:

(1)

Other responsible or trustee agencies;

(2)

The Project Applicant. Project applicant review shall be limited to review for factual accuracy of the project, environmental settings or technical studies provided by the applicant for peer review.

(c)

Adequacy of the ADEIR. The planning director, in consultation with responsible city departments, shall determine the adequacy of the ADEIR for public review. The document must reflect the independent judgement of the city and contain all requirements specified by the state guidelines in order to be determined adequate. At such time as the ADEIR is found to be adequate, the document shall be distributed as the draft EIR.

(Ord. 722 § 1(part), 1996).

19.30.550 - Notification of the completion and availability of the draft EIR.

(a)

Notice of Completion. Where the project involves a state trustee or responsible agency, the planning director shall file a notice of completion in accordance with the state guidelines with the State Clearinghouse, along with ten copies of the draft EIR. The State Clearinghouse will distribute the draft EIR to applicable state agencies.

(b)

Notice of Availability.

(1)

The planning director shall provide public notice of availability within a reasonable time following issuance of the notice of completion.

(2)

Notices shall contain the information and be in a form determined by the planning director.

(3)

Notices shall be sent to:

(A)

Parties sent the notice of preparation in the manner specified for notices of preparation above;

(B)

Individuals and organizations requesting such notice.

(4)

Additionally, notice shall be given by at least one of the following procedures:

(A)

Publication, no fewer times than required by Section 6061 of the Government Code, by the public agency in a newspaper of general circulation in the area affected by the proposed project; or

(B)

Posting of the notice by the public agency on- and off-site in the area where the project is to be located; or

(C)

Direct mailing to the owners and occupants of contiguous property as shown on the latest equalized assessment roll.

(5)

Additional notification requirements apply to projects involving the burning of municipal wastes, hazardous wastes, and refuse-derived fuels pursuant to CEQA.

(Ord. 722 § 1(part), 1996).

(a)

Review Copies. Copies of the draft EIR and notice of availability shall be sent to:

(1)

Decision-making bodies;

(2)

Recommending bodies;

(3)

Appropriate city departments;

(4)

The Siskiyou County planning department;

(5)

The State Clearinghouse pursuant to the notice of completion procedures above. In addition, state agencies known to be responsible or trustee agencies may be contacted directly to expedite a timely response;

(6)

The appropriate regional agency, if the project is of statewide, regional or area-wide significance;

(7)

Other public agencies and organizations, as determined appropriate by the planning director, depending on the scope and nature of the proposed project;

(8)

The Siskiyou County library.

(b)

Additional Copies for Sale. Copies of the draft EIR shall also be available at the planning department for sale to the general public at actual cost of reproduction.

(c)

Period of Review.

(1)

The noticed public review period shall be not less than thirty days when no state or federal agency is a responsible or trustee agency for the project.

(2)

The noticed public review period shall be not less than forty-five days when a state or federal agency is a responsible or trustee agency for the project.

(3)

A shorter environmental review period of not less than thirty days may be established by approval of the State Clearinghouse pursuant to the provisions of the state guidelines.

(4)

A longer review period may be established if determined necessary or appropriate by the planning director to ensure an adequate period of review by the public and governmental agencies and departments. Review periods shall not in any case be longer than ninety days.

(Ord. 722 § 1(part), 1996).

A public hearing or hearings on the adequacy of the draft EIR may be conducted at the discretion of the decision-making body, depending on the complexity and public controversy involved with the project. Hearings may be convened before the city council, recommending body, or planning staff at the discretion of the decision-making body. If so requested by the city council, a public hearing or hearings on the adequacy of the draft EIR may be convened before a joint meeting of the recommending body or bodies and the city council. Alternately, a hearing may take place concurrently with a public hearing for the proposed project.

At a hearing, anyone may express his/her views on the adequacy of the draft EIR, either orally or in writing. Comments received at the public hearing are encouraged to be submitted in written form so as to ensure their adequate transmittal in the final EIR. At the conclusion of the public hearing on the draft EIR, the final EIR and responses to written comments shall be prepared in accordance with the state guidelines and these procedures.

(Ord. 722 § 1(part), 1996).

(a)

Contents.

(1)

Response to Comments. The planning director or his/her agent shall evaluate and prepare comments received during any public hearings for the project, as well as for all written comments received prior to the close of the review period, in an expeditious manner.

(2)

Other Elements. The final EIR shall contain all the elements required pursuant to the state guidelines in a form determined by the planning director.

(b)

Distribution and Notification.

(1)

Public Agencies. A copy of the final EIR shall be provided to all commenting governmental agencies and departments at least ten days prior to certification of the final EIR.

(2)

Other Commenting Entities. All other individuals or parties commenting on the draft EIR or requesting such notice shall be notified that responses to their comments are available for review at city offices and other locations as may be established by the planning director.

(c)

Final Environmental Impact Report Review. A minimum ten-day period shall be provided for review of the final EIR after the receipt of comments on the draft EIR and completion of responses thereto before any action is taken to certify the final EIR.

(Ord. 722 § 1(part), 1996).

(a)

Basis for Certification. The city council or other decision-making body shall certify the final EIR prior to project approval only if it finds:

(1)

The final EIR has been presented to, reviewed and considered by the decision-making body; and

(2)

The decision-making body, exercising its independent judgement, has evaluated the adequacy of the documents; and

(3)

Based on the final EIR and other information contained in the administrative record, the final EIR has been prepared, circulated for public review, and completed in compliance with CEQA.

(b)

Adoption of Environmental Documents and Project Approval.

(1)

Recommending bodies for projects may also make a recommendation as to certification of the final EIR. Recommending bodies may also recommend additional mitigation measures, as deemed appropriate to off-set environmental impacts.

(2)

No project for which an EIR has been prepared shall be approved prior to certification of the final EIR.

(Ord. 722 § 1(part), 1996).

After the planning director or decision-making body makes a decision to carry out or approve a project for which an EIR has been certified, the planning director shall file a notice of determination. The notice of determination should be filed promptly following the effective date of the decision with:

(a)

The Siskiyou County clerk;

(b)

Organizations and individuals who have previously requested such notice;

(c)

The State Clearinghouse only for such projects involving a responsible or trustee agency.

(Ord. 722 § 1(part), 1996).

Chapter 19.40 - PROCEDURES FOR THE PREPARATION OF A MITIGATION MONITORING PROGRAM

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