1.40.440 Response to Comments.

   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)

1.40.450 Adoption.

   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)

1.40.460 Notice of Determination.

   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)

ARTICLE VI. PROCEDURES FOR THE PREPARATION OF AN EIR

1.40.500 General.

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

(Ord. 2067, Ord. 2364 §43)