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)

1.40.510 Time Limits.

   An EIR for a private project shall be completed and certified within one (1) year of the date of acceptance of the project application as complete unless:

   A.   The conditions specified in State Guidelines Sections 15109 or 15110 exist.

   B.   Compelling circumstances justify additional time and the director and project applicant consent thereto. In such cases, the time limit may be extended once for a period of not more than ninety (90) days.

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

(Ord. 2067, Ord. 2364 §44)

1.40.520 Early Consultation.

   A.   Notice of Preparation.

      1.   Immediately after determining that an EIR will be required for a project, the 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 Butte County Clerk.

      2.   Alternatively, the director may send ten (10) copies of the notice of preparation to the State Clearinghouse for distribution to responsible and trustee agencies.

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

         a.   Responsible City departments.

         b.   Property owners, and where practicable occupants, within three hundred (300) feet of the subject property as shown on the latest equalized assessment roll. Alternatively, if more than one hundred (100) households or business addresses exist within three hundred (300) 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.   All 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 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 (30) 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. 2067, Ord. 2364 §45)