Whenever the following words or phrases are used in this chapter, they shall have the meaning ascribed to them in this section, unless it is apparent from the context that a different meaning is intended. In addition, "must" or "shall" is mandatory, "should" is advisory, and "may" is permissive. These definitions are intended to clarify and supplement, but not replace or negate, those definitions used in the California Environmental Quality Act. Other terms not specifically identified or defined in this section shall have the same meaning as prescribed to them in Article
20, Section 15350 through 15387 of the CEQA Guidelines.
"Applicant"shall mean the entity (either private or public) which submits a project or a distinct part of a project for governmental approval.
"Approval"shall mean the decision by the City, or any department, agency, commission, or administrator thereof, which decision commits the City to a definite course of action in regard to any project proposed to be carried out by any person.
"Categorical exemption"shall mean an exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment.
"Cumulative impacts"shall mean two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
"Decision-maker" or "decision-making body"shall mean any agency, official, or employee of the City who is authorized to approve governmental action on a project, including, but not limited to, the City Council and the Planning Commission.
"Discretionary project"shall mean a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City must merely determine whether there has been conformity with applicable statutes, ordinances, or regulations.
"DEIR" or "Draft Environmental Impact Report"shall mean an EIR prepared for circulation and public review which contains the information specified in Article 7 of this chapter, and includes Sections 15122 through 15131 of the CEQA Guidelines.
"Emergency"shall mean sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. "Emergency" shall include but not be limited to such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as occurrences as riot, accident, or sabotage.
"Environment"shall mean the physical conditions which exist within an area which will be affected by the proposed project, including land, air, water, minerals, flora, fauna, noise, and objects or places of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions.
"Environmental assessment"shall mean the environmental review process affecting discretionary projects subject to the California Environmental Quality Act and to this chapter. This review process includes either a decision that the project is exempt, resulting in the preparation of an exemption declaration; or a decision that the project requires preparation of an initial study, resulting in the preparation of a negative declaration, or an environmental impact report.
"Environmental impact report" or "EIR"shall mean detailed written statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The term "EIR" may mean either a draft, a final draft, or a final EIR, depending on the context.
"Exemption declaration"shall mean a written statement that a particular project has been found to be exempt from the requirement for preparation of environmental documents.
"Feasible"shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors or as otherwise specified by CEQA.
"Final draft environmental impact report" or "FDEIR"shall mean an EIR prior to certification containing the information presented in the draft EIR, comments (either verbatim or in summary) received during the review process, a list of persons commenting, and the response of the City to the comments received as stipulated in Section 15132 of the CEQA Guidelines.
"Guidelines" or "CEQA Guidelines"shall mean the "Guidelines for Implementation of the California Environmental Quality Act of 1970" (CEQA Guidelines) as adopted by the Secretary of the Resources Agency pursuant to the provisions of Section
21083 of the Public Resources Code as set forth in Chapter 3 of Division
6 of Title 14 of the California Administrative Code (Section 15000 et seq.) and as said Guidelines may be amended or revised in the future.
"Initial study"shall mean a preliminary analysis to determine whether an environmental impact report or a negative declaration must be prepared. The initial study shall be comprised of the environmental checklist and findings, supported by adequate documentation and analysis.
"Lead department"shall mean the City department, agency, board, commission, or administrator who has the principal responsibility for initiating, carrying out, or approving a City project which may have a significant effect on the environment. If more than one City department meets the lead department criteria, the lead department shall be the City department that normally acts first on such projects.
"Ministerial project"shall mean a project which is undertaken or approved by a decision-maker upon a given state of facts and in a prescribed manner as mandated by fixed rules of law. The following City actions are hereby deemed to be ministerial in nature:
(1) Issuance of building, construction and demolition permits;
(2) Issuance of business license;
(3) Approval of final subdivision maps;
(4) Approval of individual utility services connections and disconnections;
(5) All code compliance and zoning reviews;
(7) Corrections to approved tract and parcel maps;
(8) Sign permits (excluding sign programs).
"Mitigated negative declaration"shall mean a written statement briefly describing the reasons that a proposed project, not exempt from CEQA, may result in potential significant impacts on the environment except that mitigation measures incorporated into the project design reduce those impacts to a level of insignificance, and the project therefore does not require the preparation of an EIR.
"Mitigation monitoring"shall mean a program approved by the decision-making body at the time of project approval, where the project required preparation of an EIR or mitigated negative declaration. The program shall identify a method of monitoring mitigation measures which reduce significant environmental impacts, in order to insure that implementation of the mitigation measures occurs.
"Negative declaration"shall mean a written statement briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and the project therefore does not require the preparation of an EIR.
"NEPA"shall refer to the Federal National Environmental Policy Act.
"Notice of completion"shall mean a brief notice to be filed with the State Clearinghouse as soon as a DEIR is completed and available for distribution and review. A notice of completion may also be used for circulation of a negative declaration when state agency review is required.
"Notice of determination"shall mean a brief notice to be filed by the City with the County Clerk (and the Governor's Office of Planning and Research if the project requires discretionary approval from a state agency) after the City approves a project for which a negative declaration or an EIR was prepared.
"Notice of preparation"shall mean a brief notice to be filed with the State Clearinghouse indicating that an EIR is to be prepared for a project for the purpose of soliciting comments from State agencies.
"Person"shall mean any person, firm, association, organization, partnership, business, trust, corporation, company, district, City, County, the State, and any of the agencies and political or other subdivisions of such entities.
"Project"shall mean a planned undertaking requiring governmental action on the undertaking as a whole or on any district part of the undertaking which has a potential for resulting in a physical change in the environment, directly or ultimately, which undertaking falls into one or more of the following categories:
(1) Any activity directly undertaken by a public agency, including, but not limited to, public works construction and related activities, the clearing or grading of land, improvements to existing public structures, the enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof;
(2) An activity undertaken by a person which activity is supported in whole or in part thorough public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; and
(3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 3125 c.s., eff. January 16, 2015)