Chapter 18.72
Environmental Impact Assessment and Mitigation Monitoring
Sections:
18.72.050 Exemptions from CEQA
18.72.080 Review and Determination Procedures
18.72.090 Negative Declarations (ND) and Mitigated Negative Declarations (MND)
18.72.100 Draft Environmental Impact Reports
18.72.110 Final Environmental Impact Reports
18.72.120 Standards of Adequacy
18.72.140 Notice of Determination and Disposition of EIR
18.72.150 Environmental Compliance and Monitoring Program
18.72.010 - Purpose of Chapter
This Chapter implements 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.
(Ord. 930, § 2, passed 06-12-2017)
18.72.020 - 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 as “CEQA,” and Title 14, Chapter 3, Section 15000 et seq., of the California Code of Regulations, referred to in this Chapter as the “CEQA Guidelines.”
(Ord. 930, § 2, passed 06-12-2017)
18.72.030 - 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 15097 of the CEQA Guidelines.
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 § 18.72.160 (Fees and Deposits).
(Ord. 930, § 2, passed 06-12-2017)
18.72.040 - Applicability
These implementation measures are intended to augment CEQA and the CEQA Guidelines. 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 CEQA Guidelines, CEQA and the CEQA Guidelines shall prevail.
(Ord. 930, § 2, passed 06-12-2017)
18.72.050 - 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 CEQA Guidelines Section 15369. See also § 18.72.080(C) (Statutorily and categorically exempt projects).
(Ord. 930, § 2, passed 06-12-2017)
18.72.060 - Review Authority
Negative declarations, mitigated negative declarations and environmental impact reports. Negative declarations, mitigated negative declarations and environmental impact reports shall be reviewed and approved or disapproved by the same body (Planning Commission or City Council) that has the project approval authority (see § 18.70.030, Table 7-1).
(Ord. 930, § 2, passed 06-12-2017)
18.72.070 - 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 and a mitigated negative declaration in not more than 180 days; and complete and certify an EIR in compliance with CEQA Guidelines Section 15108. 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.
B. 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) of this Section for the period of the unreasonable delay. Alternatively, the City may disapprove a project application, in accordance with Section 15109 of the CEQA Guidelines.
(Ord. 930, § 2, passed 06-12-2017)
18.72.080 - 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 § 18.70.070 (Initial Application Review).
1. Project description. A planning permit application filed in compliance with § 18.70.040 (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(e).
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, unless it conforms to an exception to a categorical exemption listed in Section 15300.2 of the CEQA Guidelines. 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. Following the approval of a project that has been determined to be exempt, the City may also file a notice of exemption in accordance with Section 15062 of the CEQA Guidelines. The City shall file a notice of exemption for any project for which the City received comments or letters in opposition to the project from the public.
D. Initial study. An initial study shall be prepared by the Department in compliance with CEQA Guidelines Section 15063, to determine the required level of environmental review (e.g., negative declaration, mitigated negative declaration or 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, and therefore what level of environmental review is required for the project (ND, MND or EIR), the Director shall make a determination based on the initial study and in compliance with CEQA Guidelines Sections 15063 through 15065, 15070, 15081.5 and CEQA Appendix G.
(Ord. 930, § 2, passed 06-12-2017)
18.72.090 - Negative Declarations (ND) and Mitigated Negative Declarations (MND)
A. Notice of intent. If the Director determines that a negative declaration or mitigated negative declaration shall be prepared, a notice of intent to adopt a negative declaration (or a mitigated negative declaration) shall be published, posted and/or mailed in compliance with CEQA Guidelines Section 15072.
B. Contents. A negative declaration or a mitigated negative declaration shall include the elements required in CEQA Guidelines Section 15071.
C. Public review period. Public review for a proposed negative declaration or mitigated negative declaration shall comply with CEQA Guidelines Section 15073.
D. Recirculation of negative declaration or mitigated negative declaration. If, after the City gives notice of its intent to adopt a ND or MND, and prior to its adoption, the ND or MND is substantially revised (as defined in Section 15073.5(b) of the CEQA Guidelines), the ND or MND must be recirculated in accordance with Section 15073.5(a) of the CEQA Guidelines, unless recirculation is not required pursuant to Section 15073.5(c) of the CEQA Guidelines, or unless revisions to the project require the preparation and certification of an EIR, pursuant to Section 15073.5(d) of the CEQA Guidelines.
E. Required findings. In adopting a negative declaration or mitigated negative declaration, the review authority shall first determine that the project will not have a significant adverse effect on the environment and make required CEQA findings pursuant to Section 15074(b) of the CEQA Guidelines.
F. Hearing and adoption.
1. Action on negative declarations and mitigated negative declarations.
a. Before making a determination on a project, the review authority shall consider the ND or MND in conjunction with a hearing on the project permit application.
b. The review authority shall either adopt the ND or MND, or return it to the Department for further study.
c. The applicant shall address any adverse impacts identified by the review authority and may revise the project to mitigate the impacts, subject to, or in accordance with, the procedures for substituting or deleting mitigation measures that are found to be infeasible or otherwise undesirable, as described in Section 15074.1 of the CEQA Guidelines.
d. When a review authority adopts a MND, it shall also adopt a program for monitoring or reporting on the mitigation measures identified in the MND, in accordance with Section 15097 of the CEQA Guidelines and § 18.72.150(E).
G. Notice of determination. Following project approval, a notice of determination shall be prepared and signed by the Director, and shall be filed with the County Clerk and with the Office of Planning and Research, if required by CEQA Guidelines Section 15075. See also Public Resources Code Sections 21080.4 and 21152(a).
(Ord. 930, § 2, passed 06-12-2017)
18.72.100 - 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 in compliance with 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. The EIR shall be prepared in compliance with Sections 15140 through 15148. Data and conclusions may be drawn from other reports accepted by the City and appropriately referenced within the EIR in compliance with CEQA Guidelines Sections 15150 and 15148. The EIR shall address all potential environmental impacts.
D. Distribution and review. The City shall provide for notice and public review of the draft EIR in compliance with CEQA Guidelines Section 15087.
E. Public hearing. A public hearing is not required by CEQA; however, it is preferred for all draft EIRs. If a public hearing is held for consideration of a draft EIR, the following apply:
1. The hearing shall occur during the public review period.
2. Notice of the public hearing shall be provided in compliance with CEQA Guidelines Section 15087(c).
(Ord. 930, § 2, passed 06-12-2017)
18.72.110 - 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. All comments (including late comments received prior to certification of the EIR) and appropriate responses shall be included in the final EIR in compliance with CEQA Guidelines Section 15088.
B. Review. If requested by the Director, the EIR preparer 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. Contents of final EIR. A final EIR shall contain the information described in Section 15132 of the CEQA Guidelines.
D. Certification of final EIR.
1. No action shall be taken to approve a project that requires an EIR until the review authority has certified that the final EIR has been prepared in compliance with CEQA, that it has been reviewed and considered by the review authority, and that it represents the City’s independent judgment and analysis.
2. A public hearing is preferred for certification of a final EIR and may be held in conjunction with the hearing on the project application(s).
3. If a public hearing is held in conjunction with the certification of an EIR, the notice of the public hearing shall be provided in compliance with CEQA Guidelines Section 15087(c).
E. 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.
(Ord. 930, § 2, passed 06-12-2017)
18.72.120 - Standards of Adequacy
A. Sufficient degree of analysis. 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.
B. Responsibility for adequacy. The draft and final EIRs shall reflect the City’s independent judgment in compliance with CEQA Guidelines Section 15084.
C. Determination of inadequacy of EIR. If the review authority determines that the final EIR is inadequate, it shall be returned to the City’s consultant or City staff for further processing.
D. Recirculation of EIR. If, after the City gives notice of availability of a draft EIR for public review, and prior to its certification, significant new information (as defined in Section 15088.5(a) of the CEQA Guidelines), is added to the EIR, the EIR must be recirculated in accordance with Section 15088.5 of the CEQA Guidelines, unless recirculation is not required pursuant to Section 15088.5(b) of the CEQA Guidelines, or unless only partial recirculation of the EIR is required, pursuant to Section 15088.5(c) of the CEQA Guidelines.
(Ord. 930, § 2, passed 06-12-2017)
18.72.130 - 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 1 or more significant environmental effects, unless the review authority makes 1 or more of the required findings, supported by written evidence, in compliance with CEQA Guidelines Section 15091.
B. Statement of overriding considerations. The review authority may approve a project which may result in significant adverse impacts on the environment only if the review authority first adopts written findings clearly identifying the social and economic benefits that outweigh the possibility of environmental damage and issues a statement of overriding considerations in compliance with CEQA Guidelines Section 15093.
(Ord. 930, § 2, passed 06-12-2017)
18.72.140 - Notice of Determination and Disposition of EIR
A. After the approval or disapproval of a project for which a final EIR has been certified, the Director shall file a notice of determination with the County Clerk in compliance with CEQA Guidelines Section 15094. If the project requires discretionary approval from a State agency, the notice of determination also shall be filed with the Office of Planning and Research.
B. Following certification of an EIR, the Director shall comply with the filing, distribution and retention requirements for the certified EIR, as described in Section 15095 of the CEQA Guidelines.
(Ord. 930, § 2, passed 06-12-2017)
18.72.150 - 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 or a mitigated negative declaration with mitigation measures based on project conditions of approval, in compliance with CEQA Guidelines Section 15097. (Also see Public Resources Code Section 21081.6.)
B. Negative declaration. 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. Mitigated negative declaration. A project with a mitigated negative declaration 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, quantifiable, or dependent upon further approval by the Community Development Director 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 and required mitigation measures, including any modifications or additional conditions required by the review authority.
D. EIR. A project that requires an EIR shall be processed as follows:
1. The draft EIR shall include a proposed environmental compliance measure prepared 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 and mitigations, including any modifications or additional conditions required by the review authority.
E. Mitigation monitoring and reporting program. For a project with an MND or EIR that includes mitigation measures, the lead agency shall implement a mitigation monitoring and reporting program in compliance with CEQA Guidelines Section 15097 and as defined below:
1. Following adoption of an MND or certification of an EIR, but prior to project approval, the review authority shall adopt a mitigation monitoring and reporting program (MMRP) pursuant to CEQA Guidelines Section 15091(d).
2. The Community Development Department shall take lead responsibility for administering the mitigation monitoring and reporting requirements associated with MNDs and EIRs certified by the review authority.
3. The project proponent shall take lead responsibility for implementation of all mitigation measures in a project MND or EIR, including but not limited to those that are special conditions of a permit approval.
4. Noncompliance with required mitigation measures shall be subject to all enforcement mechanisms available to the City under Chapter 18.98, Enforcement and Penalties.
F. Compliance with conditions. No certificate, license, or permit for 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.
G. 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.
H. Failure to comply. In addition to the enforcement provisions identified in Chapter 18.98 (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.
(Ord. 930, § 2, passed 06-12-2017)
18.72.160 - Fees and Deposits
Fees for the estimated cost for the preparation and/or processing, and reproduction of an initial study, negative declaration, mitigated negative declaration, environmental impact report, mitigation monitoring and reporting program, notices, related environmental documents, other essential administrative costs, and deposits covering the cost of environmental document preparation shall be payable to the City in a developer deposit account in accordance with the City’s Fee Schedule.
(Ord. 930, § 2, passed 06-12-2017)
18.72.170 - Appeal
A determination or decision relating to this Chapter may be appealed in compliance with Chapter 18.92 (Appeals).
(Ord. 930, § 2, passed 06-12-2017)