(a) The Environmental Review Officer shall provide public notice of the availability of the draft EIR and schedule a public hearing on the draft EIR with the Planning Commission. The Environmental Review Officer shall provide the notice of availability at the same time that the notice of completion is filed as required by CEQA. The notice of availability shall be distributed at least 30 days prior to the scheduled public hearing on the draft EIR. The Environmental Review Officer shall distribute the notice of availability in the manner required by CEQA and in each instance shall:
(1) Send the notice to any public agencies that CEQA requires the lead agency to consult with and request comments from on the draft EIR, and may send copies of the draft EIR to and consult with other persons with special expertise with respect to any environmental impact involved.
(A) In sending such notices and copies of the draft EIR, the Environmental Review Officer shall request comments on the draft EIR from such agencies and persons, with particular focus upon the sufficiency of the draft EIR in discussing possible effects on the environment, ways in which adverse effects may be minimized, and alternatives to the project.
(B) For the types of projects set forth in Sections
31.08(e)(3)(A) and
31.08(e)(3)(B) of this
Chapter 31, and for any other projects that may be subject to the approval of the Historic Preservation Commission, the Environmental Review Officer shall send a copy of the draft EIR to the Historic Preservation Commission and obtain any comments that the Historic Preservation Commission has on the draft EIR at a noticed public meeting. The Planning Department shall schedule the public meeting at least seven days prior to any Planning Commission hearing on the draft EIR. But, if the calendars of the two commissions do not allow such scheduling without extending the noticed public comment period, the Planning Department shall schedule the public meeting as far in advance of the Planning Commission hearing as possible, consistent with not extending the public comment period.
(2) Post the notice in the offices of the Planning Department and on the Planning Department website.
(3) Post on the subject site. The Planning Department shall develop guidance on the requirements for posting to assure that posters are visible from the closest public street or other public space.
(4) Publish the notice in a newspaper of general circulation in the City.
(5) Mail the notice to the applicant, the board(s), commission(s) or department(s) that will carry out or approve the project, and to any individuals or organizations that previously have requested such notice in writing.
(6) Mail the notice to the owners of all real property, and to the extent practicable, the residential occupants, within the area that is the subject of the environmental impact report and within 300 feet of all exterior boundaries of such area. In the case of City-sponsored projects that involve rezonings, area plans or General Plan amendments and are either citywide in scope or the total area of land that is part of the project, excluding the area of public streets and alleys, is 20 acres or more, the Environmental Review Officer shall provide notice by mail to the owners and, to the extent practicable, the residential occupants within the exterior boundaries of the project area, and to all organizations and individuals who previously requested such notice in writing.
(b) The notice of availability shall contain the information required by CEQA and in each instance shall:
(1) State the starting and ending dates for the draft EIR review period during which the Environmental Review Officer will receive comments and if comments are not returned within that time it shall be assumed that the agency or person has no comment to make. The public review period shall not be less than 30 days nor more than 60 days except under unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse. The Planning Commission or the Environmental Review Officer may, upon the request of an agency or person with special expertise from whom comments are sought, grant an extension of time beyond the original period for comments, but such extension shall not prevent with the holding of any hearing on the draft EIR for which notice has already been given.
(2) State the time, place and date of the scheduled Planning Commission hearing on the draft EIR and all hearings at which the Environmental Review Officer will take testimony.
(3) State that only commenters on the Draft EIR will be permitted to file an appeal of the certification of the Final EIR to the Board of Supervisors under Section
31.16 of this Chapter.
(c) The Planning Department shall make the draft EIR available to the public upon the date of the notice of availability. The Planning Department shall post a copy of the draft EIR on the Planning Department website and provide a copy of the draft EIR to the applicant and to such board(s), commission(s) or department(s) and to any organizations or individuals who previously have requested a copy in writing, in electronic form on a text searchable digital storage device or by text searchable electronic mail transmission when an email address is provided, unless a printed hard copy is specifically requested.
(d) Public participation, both formal and informal, shall be encouraged at all stages of review, and written comments shall be accepted at any time up to the conclusion of the public comment period. The Environmental Review Officer may give public notice at any formal stage of the review process, beyond the notices required by this
Chapter 31 and CEQA, in any manner the Environmental Review Officer may deem appropriate.
(e) The Planning Commission shall hold a public hearing on every draft EIR during the public comment period. The Environmental Review Officer may, upon delegation by the Planning Commission, take testimony at supplemental public hearing(s) on draft EIRs, in addition to, and not in lieu of, the hearing conducted by the Planning Commission, and shall report to and make all testimony received by the Environmental Review Officer available to the Planning Commission at a public hearing.
(f) To the extent practicable, any comments already received from any agency, organization or individual shall be available at the public hearing.
(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. , File No. 121019, App. 7/26/2013, Eff. 8/25/2013, Oper. 9/25/2013 [see note at end of Article])
(Former Sec. 31.14 added by Ord. 134-73, App. 4/11/73; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)
