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A. Contents.
1. Response to Comments. The director 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 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 10 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 director.
C. Final Environmental Impact Report Review. A minimum10-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. 2067, Ord. 2268, Ord. 2364 §50)
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 judgment, 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. 2067)
After the director or decision-making body makes a decision to carry out or approve a project for which an EIR has been certified, the 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 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 §51)
As to each mitigation measure included within it, a mitigation monitoring program shall specify:
A. The party responsible for implementation of the measure, including responsibility for payment of costs;
B. The governmental agency, department, or division responsible for monitoring compliance with the measure;
C. A timeframe for compliance with the measure; and
D. Requirements for reporting to the director as necessary to ensure compliance with the measure.
(Ord. 2067, Ord. 2312 §15, Ord. 2364 §52)
A. Failure to comply with (1) mitigation measures identified in an environmental
document for a project and adopted as conditions of approval of the project or (2) mitigation or monitoring requirements in a mitigation monitoring program adopted for a project is cause for the city to:
1. Suspend approvals of the project and related permits or other entitlements pending completion of any investigation necessary to determine whether paragraph 2 or 3, or both, apply in the circumstances;
2. Revoke approval of the project and related permits or other entitlements for which the environmental document was prepared; or
3. Require that additional environmental review be conducted and to modify the project or existing mitigation measures for the project, or to impose new mitigation measures on the project. The form of additional environmental review shall be determined by the director and may include but is not limited to a subsequent or supplemental EIR, an addendum to an existing EIR, or a mitigated negative declaration.
B. Exercise of the authority conferred by this section requires evidence that a failure to comply with a mitigation measure or monitoring requirement has occurred, but does not require evidence that such failure caused or may or will cause a significant environmental impact. The remedies provided by this section are not exclusive remedies, and the city may pursue any other legal or equitable remedies available, including but not limited to criminal prosecution, injunctive relief and restitution.
(Ord. 2312 §17, Ord. 2364 §53)
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