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A negative declaration or mitigated negative declaration for a private project shall be completed within one hundred and five (105) days of the date of acceptance of the project application as complete, except under the conditions specified in the State Guidelines. Completion of a negative declaration or mitigated negative declaration shall include and be limited to preparation of the initial study, public circulation of the initial study, and expiration of the time provided for by law for making comments on the negative declaration or mitigated negative declaration. A reasonable extension of the time period to complete the negative declaration or mitigated negative declaration may be provided in the event that compelling circumstances justify additional time and the project applicant consents thereto.
(Ord. 2067)
A draft negative declaration or mitigated negative declaration shall contain the information specified in the State Guidelines and shall be in a form determined by the director. A mitigated negative declaration shall also include the signature of the project applicant stating that the applicant concurs with the proposed mitigation measures and agrees to implement those measures.
(Ord. 2067, Ord. 2268, Ord. 2364 §39)
A public notice of availability shall be provided for the draft negative declaration or mitigated negative declaration, as follows:
A. Content of Notice. The notice shall contain the information specified in the State Guidelines in a form determined by the director. The notice of availability may be combined with the notice of public hearing for the project if a hearing on the project is required.
B. Distribution.
1. A notice of availability shall be sent to:
a. All parties receiving notification of the project for which the negative declaration or mitigated negative declaration was prepared.
b. The Butte County Clerk.
c. Parties who have requested such notice.
d. Interested Parties. Notification of interested parties is directory, not mandatory.
e. Decision-making body.
f. Recommending body or bodies.
g. Responsible City departments.
h. Responsible and trustee agencies having jurisdiction over natural resources affected by the project.
i. The State Clearinghouse only if: (i) a state agency is a responsible or trustee agency, or (ii) the project is of statewide, regional, or areawide significance as identified in the State Guidelines.
2. Additionally, notice shall be given by at least one of the following procedures:
a. Publication at least one time in a newspaper of general circulation within the City; 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.
3. Additional notification requirements apply to projects involving the burning of municipal wastes, hazardous wastes, and refuse derived fuels pursuant to CEQA.
4. A copy of the draft negative declaration or mitigated negative declaration shall be sent with the notice of availability to other governmental agencies and departments who are trustees or responsible agencies.
C. Period of Review.
1. The noticed public review period shall be not less than twenty (20) 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 thirty (30) days when a state or federal agency is a responsible or trustee agency for the project.
3. A shorter review period 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 director to ensure an adequate period of time for review by the public and governmental departments and agencies. The review period shall not exceed forty-five (45) days.
(Ord. 2067, Ord. 2364 §40)
At the end of the public review period, comments on the draft document shall be forwarded to the recommending and decision-making bodies along with the proposed negative declaration for consideration. These comments shall be attached to the document along with any responses to the comments which may be deemed appropriate. All commenting parties shall be sent a notice of public hearing, if required, for the project on which they commented.
(Ord. 2067)
A. Basis for Adoption. After considering the proposed negative declaration, all comments made in connection therewith, and the recommendations of the director thereon, the decision-making body shall approve the negative declaration or mitigated negative declaration if it finds on the basis of the initial study, comments received and other information contained in the administrative record that:
1. There is no substantial evidence of a fair argument that the project will have a significant effect on the environment; and
2. The document has been prepared in conformance with the provisions of CEQA and this chapter.
B. Adoption of Environmental Documents and Project Approval.
1. Recommending bodies for projects shall also make a recommendation as to adoption of the negative declaration or mitigated negative declaration.
2. No project for which a negative declaration or mitigated negative declaration has been prepared shall be approved prior to adoption of the negative declaration or mitigated negative declaration.
(Ord. 2067, Ord. 2364 §41)
After the director or decision-making body makes a decision to carry out or approve a project for which a negative declaration or mitigated negative declaration has been approved, the director shall file a notice of determination. Such notice of determination should be filed promptly following the effective date of the decision with:
A. The Butte 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. 2067, Ord. 2364 §42)
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