Chapter 17.98
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCEDURES
Sections:
17.98.050 Environmental review.
17.98.060 Review authority for the CEQA finding.
17.98.070 Application and payment of fees.
17.98.010 Purpose.
A. The purpose of this chapter is to comply with Public Resources Code Section 21082 et seq. that mandates local agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the director shall conduct a preliminary assessment of potential environmental issues.
B. The purpose of this review is to help the city decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the director has deemed necessary to make an environmental determination. (Ord. 24-01 §2(Exh. A-1)).
17.98.020 Applicability.
The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to all projects, activities, or actions as defined under Public Resources Code Section 21000 et seq. (Ord. 24-01 §2(Exh. A-1)).
17.98.030 Administration.
The director shall be charged with the responsibility of coordinating and directing the environmental review and preparation of environmental documents pursuant to the procedures established by Public Resources Code Section 21000 et seq. (Ord. 24-01 §2(Exh. A-1)).
17.98.040 Exemptions.
If the director determines that a development application is subject to review under CEQA, within thirty days after determining that the application is complete, the director shall determine if the project is exempt from environmental review pursuant to state law, CEQA Guidelines and any environmental guidelines that the city has adopted in compliance with CEQA.
A. If the director determines that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.
B. Following approval of a project that is exempt from CEQA review, the director or the applicant may file a notice of exemption with the Fresno County clerk and state clearinghouse, or as may be required by statute. The applicant for a project shall be responsible for any fees required to file such notice. (Ord. 24-01 §2(Exh. A-1)).
17.98.050 Environmental review.
A. Initial Study. If a project is not exempt from environmental review, the director shall prepare or cause the preparation of an initial study composed of applicable technical studies at the applicant’s expense. The director shall then determine whether to require preparation of an environmental impact report (EIR), negative declaration or mitigated negative declaration or whether the project is within the scope of a master EIR, or other appropriate document authorized by CEQA.
B. Determination of Findings. Based on the initial study, the director will make one of the following findings and prepare the appropriate environmental documentation in compliance with state law, CEQA guidelines and any environmental guidelines that the city has adopted in compliance with CEQA:
1. The project will have "No Significant Impacts" on the environment, and a negative declaration will be prepared;
2. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared;
3. The project is within the scope of a master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or
4. The proposed project will have, or may have, significant impact(s) and an EIR will be required. (Ord. 24-01 §2(Exh. A-1)).
17.98.060 Review authority for the CEQA finding.
A. Prior to approving a project, the decision-making body shall consider the proposed negative declaration, mitigated negative declaration, or environmental impact report, together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis (CCR Title 14, Section 15074).
B. When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
C. When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (Ord. 24-01 §2(Exh. A-1)).
17.98.070 Application and payment of fees.
No review or request for review of an environmental determination shall be considered for a development application until the required fee set by resolution of the city council has been paid. (Ord. 24-01 §2(Exh. A-1)).