Chapter 17.72
Environmental Impact Assessment and Mitigation Monitoring
Chapter 17.72 is not part of the certified City of Fort Bragg Local Coastal Program and shall not govern the review and approval of Coastal Development Permits.
Sections:
17.72.050 Exemptions from CEQA
17.72.080 Review and Determination Procedures
17.72.090 Negative Declarations
17.72.100 Draft Environmental Impact Reports
17.72.110 Final Environmental Impact Reports
17.72.120 Standards of Adequacy
17.72.140 Notice of Determination
17.72.150 Environmental Compliance and Monitoring Program
17.72.010 - Purpose of Chapter
This Chapter implement the requirements of the California Environmental Quality Act (CEQA) by providing the City, as lead agency, with criteria, objectives, principles, and procedures for applying the requirements of CEQA to proposed projects, including the preparation and processing of Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports (EIR), and other environmental review documents for projects that are subject to CEQA. The basic purposes of CEQA, and the provisions of this Chapter are to:
A. Inform government decision makers and the public about the potential environmental effects of proposed activities;
B. Identify ways that potential environmental damage may be avoided or significantly reduced;
C. Prevent significant, avoidable environmental impacts by requiring changes in projects, either by the adoption of alternatives or the imposition of mitigation measures; and
D. Disclose to the public why a project was approved if that project could cause significant environmental effects.
17.72.020 - Authority
These guidelines are adopted to implement the California Environmental Quality Act of 1970, California Public Resources Code Section 21082 et seq., referred to in this Chapter “CEQA.”
17.72.030 - Guiding Principles
The following principles shall serve as a guide for all applications submitted to the City for review and approval and determined to be projects under CEQA:
A. Timing of review. Environmental considerations shall be dealt with at the earliest point possible by emphasizing the use of an initial study. Any potentially adverse effects that are properly mitigated through re design may preclude more extensive environmental review.
B. Extent of review. The least extensive environmental review consistent with the purpose of this Chapter shall be utilized (e.g., an Environmental Impact Report would not be required if a Negative Declaration can legitimately be prepared). In this way, sufficient environmental protection would be afforded while minimizing the project review period.
C. Mitigation measures. The primary goal of the environmental review process shall be to incorporate mitigation measures in the project proposal to be considered by the review authority where necessary and appropriate to reduce the potential for significant environmental impacts.
D. Mitigation monitoring.
1. Where mitigation of environmental impacts is required, the mitigation measures shall be monitored over time to ensure that the steps taken are adequate for the intended purpose, in compliance with Section 17.72.150 (Environmental Compliance and Monitoring Program).
2. An applicant for a project for which mitigation monitoring is required shall be responsible for all costs associated with the monitoring program, in compliance with Section 17.72.160 (Fees and Deposits).
17.72.040 - Applicability
These guidelines are intended to augment CEQA and the guidelines for implementation of CEQA (California Code of Regulations Title 14, Section 15000 et. seq.) This Chapter is not intended to replace CEQA, and full compliance with CEQA is required regardless of the provisions of this Chapter.
A. City actions. These guidelines shall apply to all City actions in the implementation of CEQA.
B. Conflicting provisions. In the event of any conflict between the provisions of this Chapter, and CEQA or the State CEQA Guidelines, CEQA and the State CEQA Guidelines shall prevail.
C. Reference to Negative Declaration. A reference to a Negative Declaration in this Chapter shall implicitly include a Mitigated Negative Declaration, as applicable.
17.72.050 - Exemptions from CEQA
A proposed project shall be exempt from CEQA if it is exempt by State statute (statutorily exempt), categorical exemption, general rule, or by rejection or disapproval of the project, in compliance with CEQA Guidelines Section 15061. Statutory exemptions include ministerial projects, as defined in State Guidelines Section 15369. See also Section 17.72.080.C (Statutorily and categorically exempt projects).
17.72.060 - Review Authority
A. Negative Declarations. A Negative Declaration shall be reviewed, and approved or disapproved by the Commission, unless the proposed project requires Council action, in which case the Council shall be the review authority.
B. Environmental Impact Reports. The Council shall be the review authority for EIRs.
17.72.070 - Time Limits
Time limits governing the preparation and review of CEQA documents are in CEQA Guidelines Sections 15100 through 15112.
A. Time limits for City action. The City shall complete and approve a Negative Declaration in not more than 180 days; and complete and certify an EIR in not more than 12 months.
B. Determination of time limit. The time limits in Subsection A. shall run from the date when the application for project approval is accepted by the City as complete, in compliance with Section 17.70.070 (Initial Application Review). The time limits may be waived when a project must comply with both CEQA and the National Environmental Policy Act (NEPA), or the applicant has requested or consented to a waiver of the time limits.
C. Suspension of time limits. An unreasonable delay by an applicant in meeting requests by the City necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time limits identified in Subsection A., above, for the period of the unreasonable delay.
17.72.080 - Review and Determination Procedures
A. Application content and completeness. Each application shall contain sufficient information to allow a determination of whether environmental review is required and, if so, the type of environmental document that shall be prepared. An application without this information shall be deemed complete in compliance with Section 17.70.070 (Initial Application Review).
1. Project description. A planning permit application filed in compliance with Section 17.70.040 (Application Preparation and Filing) shall include a detailed project description, for City use in the preparation of an initial study to evaluate the potential environmental impacts of the project in compliance with CEQA Guidelines Section 15063(a).
2. Additional information. The City may require an applicant to supply additional data and information necessary for making an environmental determination, in compliance with CEQA Guidelines Section 15063(c).
B. Preliminary determination. Upon receipt by the City of an application for project approval, or a proposal for a public project, the Director shall make a preliminary determination as to whether environmental review in compliance with this Chapter is required, and what type of environmental document shall be required. The Director shall report the determination either to the applicable City department, if the project is ministerial or otherwise exempt from CEQA, or to the applicant or applicant’s representative.
C. Statutorily and categorically exempt projects. A project identified by the CEQA Guidelines as statutorily or categorically exempt (CEQA Guidelines Sections 15260 through 15285, or 15300 through 15332, respectively) is not subject to the provisions of this Chapter. If the proposed project requires notice of a public hearing or other notice in compliance with other provisions of this Development Code, the notice shall also include a statement that the project is statutorily or categorically exempt, as applicable.
D. Initial study. An initial study shall be prepared by the Department in compliance with CEQA Guidelines Section 15063(d), to determine the required level of environmental review (e.g., Negative Declaration or an EIR). If an EIR is required, the Director may waive the requirement for an initial study.
E. Environmental determination. In determining whether the proposed project may have a significant effect on the environment, the City shall make its determination in compliance with CEQA Guidelines Sections 15063, 15064.7,15065, and Appendix G.
1. If the initial study or other information discloses significant adverse effects from the proposed project, the applicant may submit proposed changes in the project to mitigate the potentially adverse impacts to a less than significant level.
2. If the information shows that impacts can be avoided, or reduced to a less than significant level, the Director may determine that the project will not have a significant impact and proceed with preparation of a Negative Declaration in compliance with Section 17.72.090 (Negative Declarations), below.
3. If the information does not demonstrate that potentially significant impacts can be avoided, an EIR shall be prepared in compliance with Section 17.72.100 (Draft Environmental Impact Reports), below.
17.72.090 - Negative Declarations
A. Notice of intent. If the Director determines that a Negative Declaration shall be prepared:
1. A notice of intent to adopt the Negative Declaration shall be published in a newspaper of general circulation at least 21 days before either the public hearing on the project, if a hearing is required, or project approval, if no hearing is required, in compliance with CEQA Guidelines Section 15072; and
2. Notice shall be given to the County Clerk and all responsible agencies in compliance with State law (Public Resources Code Section 21080.3) and to other public agencies having jurisdiction. The Director may also give notice to persons having special expertise as provided by CEQA Guidelines Section 15072.
B. Contents. A Negative Declaration shall contain the following information, in compliance with CEQA Guidelines Section 15072(f):
1. A complete project description;
2. A location map for the project, including the site address;
3. A proposed finding that the project will not have a significant effect on the environment and the Initial Study that supports the finding;
4. Mitigation measures, if any, to avoid potentially significant effects, and a written agreement from the applicant agreeing to the identified mitigation measures; and
5. Where a project involves a site that the Secretary for Environmental Protection has identified as being affected by hazardous wastes, the Negative Declaration shall include a Hazardous Waste and Substances Statement in compliance with Government Code Section 65962.5.
C. Public review period. A proposed Negative Declaration shall be subject to a public review period in compliance with CEQA Guidelines Section 15105(b).
1. The public review period shall be 30 days for a project where a Negative Declaration is prepared and circulated to the State Clearinghouse. In these cases the notice shall be provided to the County Clerk at least 30 days before the public hearing or decision on the project.
2. A 20-day public review period shall be provided for a project that is not circulated to the State Clearinghouse,
D. Project changes before public review. Changes in the project description that are designed to mitigate significant environmental effects to a level of insignificance shall be agreed to by the applicant before a draft Negative Declaration is released for public review in compliance with CEQA Guidelines Section 15070(b)(1).
E. Required findings. In adopting a Negative Declaration, the review authority shall first determine that the project will not have a significant adverse effect on the environment, consistent with the Mandatory Findings of Significance in the initial study in compliance with CEQA Guidelines Section 15065, and make findings that the project will not have significant or potentially significant environmental impacts.
F. Hearing and adoption.
1. Action on Negative Declaration. A public hearing shall be required for adoption of a Negative Declaration.
a. Before making a determination on a project, the review authority shall conduct a public hearing to consider the Negative Declaration. The public hearing may be held in conjunction with a hearing on the project permit application. The hearing shall occur prior to the end of the public review period.
b. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
c. The review authority shall either adopt the Negative Declaration, or return it to the Department for further study.
d. The applicant shall address any adverse impacts identified by the review authority and may revise the project to mitigate the impacts.
2. Switching from a Negative Declaration to an EIR. If the review authority finds that there is substantial evidence, in light of the whole record, that the project, even if revised, may have a significant effect on the environment that cannot be mitigated or avoided, an EIR shall be prepared for the project in compliance Section 17.72.100 (Draft Environmental Impact Reports), as required by CEQA Guidelines Section 15073.5(d).
G. Notice of Determination. Following adoption of the Negative Declaration, a Notice of Determination shall be prepared and signed by the Director, and shall be filed with the County Clerk and with the Secretary for Resources, if required by CEQA Guidelines Section 15075. (See also Public Resources Code Sections 21080.4 and 21152(a).)
17.72.100 - Draft Environmental Impact Reports
A. Notice of Preparation. Immediately after determining that an EIR is required for a project, the Director shall send a Notice of Preparation (NOP) to each responsible agency by certified mail and to the State Clearinghouse, stating that an EIR is being prepared. (CEQA Guidelines Section 15082).
B. Preparation and adequacy.
1. Preparation of draft EIR. When an EIR is required, it shall be prepared by a consultant under contract to the City or by City staff, with the applicant paying for all costs of EIR preparation. If the EIR is to be prepared by a consultant, the City shall request EIR proposals under established City criteria and select a qualified consultant from respondents.
2. Administrative review. The Director shall review an administrative draft EIR and either determine that it is adequate and authorize preparation of the draft EIR, or determine that the administrative draft EIR is inadequate and return it to the preparer for additional work.
C. EIR contents. Each EIR prepared by or for the City shall include discussion of all topics required by CEQA Guidelines Sections 15120, 15122 through 15131, 15140, 15141, and 15143 through 15145. Data and conclusions may be drawn from other reports accepted by the City and appropriately referenced within the EIR. The EIR shall address all potential environmental impacts.
D. Distribution and review.
1. Public review of draft EIR. The City shall provide at least 30 days for public review of the draft EIR. A draft EIR sent to the State Clearinghouse shall include a Notice of Completion, which specifies public review period dates consistent with Clearinghouse requirements for State agency review in compliance with CEQA Guidelines Section 15085.
2. Public notice.
a. Public notice of the review period shall be given in compliance with CEQA Guidelines Section 15087. (Also see Public Resources Code Section 21092).
b. The public notice shall be published in a newspaper of general circulation, and posted in the County Clerk’s office for 30 days.
c. A Notice of Availability shall be filed with the County Clerk, all responsible and trustee agencies, and distributed to any person or organization requesting a copy, or who previously requested a copy.
E. Public hearing required. A public hearing shall be held to accept written and oral comments on the draft EIR.
1. The hearing shall occur during the public review period.
2. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
17.72.110 - Final Environmental Impact Reports
A. Response to comments. Upon completion of the public review period, the Director shall collect all comments on the draft EIR and provide them to the City’s consultant or City staff. The comments and appropriate responses shall be included in the final EIR.
B. Review. If requested by the Director, the City’s consultant or City staff shall submit for review an administrative draft of the final EIR. The Director shall either determine that it is adequate and authorize preparation of the final EIR, or determine that it is inadequate and return it to the preparer for further analysis. (CEQA Guidelines Section 15084)
C. Certification hearing.
1. No action shall be taken to approve a project that requires an EIR until the Council has certified that the final EIR has been prepared in compliance with CEQA, that it has been reviewed and considered by the review authority, that it represents the City’s independent judgment and analysis, or if the Council determines that the final EIR is inadequate, it shall be returned to the City’s consultant or City staff for further processing.
2. A public hearing shall be required for certification of a final EIR.
3. The public hearing may be held in conjunction with the hearing on the project application(s).
4. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
D. Distribution of Final EIR. Copies of the Final EIR shall be placed in the City Clerk’s office, public library, and in other locations designated by the Director.
17.72.120 - Standards of Adequacy
A. Sufficient degree of analysis.
1. An EIR should be prepared with a sufficient degree of analysis to provide the review authority with the information which enables them to consider all of the potential environmental consequences in compliance with CEQA Guidelines Section 15151.
2. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is considered reasonably feasible.
3. Disagreement among experts does not make an EIR inadequate.
4. The appropriate standard for assessing the sufficiency of analysis is the degree of adequacy, completeness, and good faith effort at full disclosure.
B. Responsibility for adequacy. The draft and final EIRs shall reflect the City’s independent judgment in compliance with CEQA Guidelines Section 15084.
17.72.130 - Findings
Before the review authority acts on a project for which an EIR has been certified, it shall certify that it has reviewed and considered the information identified in the EIR, and it shall determine whether the project would or would not have a significant effect on the environment.
A. Required findings. The review authority shall not approve or carry out a project where the certified EIR identifies one or more significant environmental effects, unless the review authority makes one or more of the following findings, supported by written evidence, in compliance with CEQA Guidelines Section 15091.
1. The changes or alterations, which have been required in or incorporated into the project, mitigate or avoid the significant environmental effects identified in the certified EIR.
2. The changes or alterations are within the responsibility and jurisdiction of another public agency, and the changes have been adopted by the other agency or can and should be adopted by the other agency.
3. Specific economic, social, or other considerations make unfeasible the mitigation measures or project alternatives identified in the certified EIR.
B. Statement of Overriding Considerations. The Council may approve a project which may result in significant adverse impacts on the environment only if the Council first adopts written findings clearly identifying the social and economic benefits that outweigh the possibility of environmental damage in compliance with CEQA Guidelines Section 15093.
1. In this case, the Council shall issue a Statement of Overriding Considerations which justifies the conclusion that the overall potential benefits outweigh the potential environmental effects.
2. The Statement of Overriding Considerations shall be supported by substantial evidence in the record in compliance with CEQA Guidelines Section 15093.
17.72.140 - Notice of Determination
A. After the approval or disapproval of a project for which a final EIR has been certified or a Negative Declaration issued, the Director shall file a Notice of Determination with the County Clerk in compliance with CEQA Guidelines Section 15094.
B. If the project requires discretionary approval from a State agency, the Notice of Determination also shall be filed with the Secretary of Resources.
17.72.150 - Environmental Compliance and Monitoring Program
A. Purpose. This Section establishes procedures for the environmental compliance and monitoring of project conditions imposed as a result of the certification of an EIR with mitigation measures, or the approval of a Negative Declaration based on project conditions of approval, in compliance with CEQA Guidelines Section 15097. (Also see Public Resources Code Section 21081.6.)
B. Negative Declaration without mitigation measures. A project with a Negative Declaration that includes no mitigation measures or project conditions does not require an environmental compliance and monitoring program, as long as the plans, specifications, actual construction, use, or operation comply with all applicable City standards and requirements.
C. Negative Declaration with mitigation measures. A project with a Negative Declaration that includes mitigation measures shall be processed as follows.
1. Before the application is submitted to the review authority for final action, the Director shall prepare a list of all proposed conditions of approval, including those required to reduce to levels of insignificance any identified environmental impacts, and conditions required to ensure project compliance with applicable City codes, policies, and regulations.
2. Each condition shall be written so that it is either time specific or quantifiable, and shall specify the City department or other agency responsible for monitoring compliance.
3. A copy of the proposed conditions, along with the staff report shall be provided to the applicant.
4. Following final City action to approve or conditionally approve the application, the applicant shall sign a copy of the approving action indicating full understanding of, and agreement to comply with all of the conditions.
D. Project with EIR. A project that requires an EIR shall be processed as follows:
1. The draft EIR shall include a proposed environmental compliance and monitoring program in compliance with CEQA Guidelines Section 15126.4, with conditions including those required to reduce to levels of insignificance any identified environmental impacts, and conditions required to ensure project compliance with all applicable City codes, policies, and regulations.
2. The proposed conditions of approval shall be incorporated into the draft EIR in a chapter or section clearly identified as containing recommended or proposed conditions of approval.
3. Each condition shall be written so that it is either time specific or quantifiable, and shall specify the City department or other agency responsible for monitoring compliance.
4. The conditions shall be part of the public and agency review process.
5. The final EIR shall include the chapter or section with the conditions revised for the final document.
6. Following final City action to approve or conditionally approve the application, the applicant shall sign a copy of the approving action indicating full understanding of, and agreement to comply with all of the conditions.
E. Compliance with conditions. No certificate, license, or permit for construction, use, or occupancy shall be issued by the City until the Director has verified that the project is in compliance with all applicable conditions.
1. If conditions are scheduled for compliance in phased intervals, the next phase shall not commence until the Director has determined that all approved conditions have been satisfied for the previous phases.
2. If a permit condition requires a regular or periodic report, the permit holder shall be responsible for submittal of the appropriate report before the specified date.
3. If the City requires the services of a qualified professional in order to determine compliance with conditions or reporting requirements, the permit holder shall reimburse the City for all of the costs associated with obtaining the required services.
F. Reimbursement of monitoring costs. The permit holder shall be required to reimburse the City for all costs associated with the environmental compliance and monitoring program.
G. Failure to comply. In addition to the enforcement provisions identified in Chapter 17.98 (Enforcement and Penalties) and the Municipal Code, failure to comply with all project conditions, including making payments to reimburse the City for expenses incurred in the implementation of the environmental compliance and monitoring program, shall result in the City commencing any or a combination of the following measures:
1. Issuing a Stop Work Order halting all activities until all conditions have been satisfactorily completed;
2. Seeking injunctive relief from a court of competent jurisdiction;
3. Filing a lien against the property in the amount of any moneys owed;
4. Issuing a Stop Work Order and seeking injunctive relief ordering restoration of the environment, damages, and court costs incurred in the event of damage to the environment for which mitigation measures were expressly incorporated into the project; and/or
5. Refusing to allow the construction, use, occupancy, or issuance of a Business License for any project not in compliance with its conditions of approval.
17.72.160 - Fees and Deposits
Fees to recover the estimated cost for the preparation and/or processing, and reproduction of Negative Declarations, notices, related environmental documents, other essential administrative costs, and deposits covering the cost of EIR preparation, shall be payable to the City in the amounts and at the times identified by the City’s Fee Schedule.
17.72.170 - Appeal
A determination or decision relating to this Chapter may be appealed in compliance with Chapter 17.92 (Appeals).