[Ord. #340, S1]
This chapter shall be known as the "Environmental Quality Ordinance
of the City of Firebaugh".
[Ord. #340, S2]
The purpose of this chapter is to set forth principles, objectives,
criteria, and rules to be used in the implementation of the State
Environmental Quality Act of 1970, to insure the orderly evaluation
of projects, the thorough preparation of environmental impact reports,
and the preservation and conservation of the environment in the city.
[Ord. #340, S4]
An environmental impact report must be prepared prior to the
approval by the city of any project which may have a significant effect
on the environment. Where it can be seen with certainty that the activity
in question involves only ministerial action by the city or that it
will not have a significant effect on the environment, it is exempt
from the operation of this chapter and may be processed or carried
out without reference hereto.
[Ord. #340, S7]
Prior to the application for any contract, grant, subsidy, loan,
lease, permit, license, certificate or other entitlement from the
city or the initiation of any project by the city, the applicant shall
prepare and submit to the director on a form furnished by the city,
an environmental assessment of the proposed activity or project. Such
assessment shall include the following information:
a. Description of the activity or project.
b. Location of the activity or project.
c. Preliminary plans and drawings, if available.
d. A proposed finding that the proposed activity does or does not require
the preparation of an EIR and the reasons for such finding.
e. Such additional data as the director reasonably deems necessary to
properly evaluate the impact of the proposed project on the environment,
giving due consideration to the criteria contained in Sections 15081
and 15082 of the Guidelines.
[Ord. #340, S9]
In those cases covered by section
20-8 b, 1, (c), the director shall, within two days of the mailing or service of his findings on the applicant, file with the clerk of the county a negative declaration containing the nature and description of the project and a finding that it will have no significant effect on the environment. In all other cases, a notice containing the nature and description of the proposed project and a copy of the director's findings relative thereto shall be filed within the same time period in the office of the city clerk.
[Ord. #340, S11]
Notwithstanding sections
20-1 through
20-10 of this chapter, any applicant may determine that his proposed activity constitutes a project which may have a significant effect on the environment without submitting an environmental assessment and proceed as if the director had made such a finding.
[Ord. #340, S12]
Any applicant proposing to carry out an activity which has been
determined pursuant to this ordinance to require the preparation of
an EIR, shall prepare a draft EIR.
a. The draft EIR for private projects shall be submitted in 10 copies
simultaneously with the plans, permit application, subdivision map,
or other form of request for a contract, loan, grant, lease, permit,
license, certificate, or other entitlement pertaining to the project,
to the responsible city agency.
b. The draft EIR for public projects shall be prepared in 10 copies
by the responsible city agency and processed as hereinafter provided.
[Ord. #340, S14]
Where this chapter requires the preparation of an EIR by a responsible
city agency and an Environmental Impact Statement (EIS) has been or
will be prepared for the same project pursuant to the National Environmental
Policy Act of 1969, all or part of such statement may be submitted
to the responsible city department in lieu of all or any part of a
draft EIR required hereby. In the event the responsible city agency
determines that the EIS complies with all of the requirements of the
CEQA, the Guidelines, and this chapter, including the public and governmental
agency review and comment process, it may certify the EIS directly
to the decision making authority for adoption as a final EIR.
[Ord. #340, S15]
The council shall adopt by resolution an appropriate fee schedule
listing fees which will cover the expense of preparing and processing
EIR's, negative declarations, environmental assessments, and
related documents. No application for a contract, grant, subsidy,
loan, lease, permit, license, certificate, or other entitlement shall
be accepted by the city until a negative declaration, finding of exemption,
or draft EIR has been prepared and submitted to the responsible city
agency and all fees specified herein have been paid.