This chapter addresses the process used by the City for environmental review of all projects that may have a direct or indirect impact on the physical environment in or around the City. It is intended to be consistent with the State CEQA Guidelines; however, it is a simplified version of the guidelines. Wherever inconsistencies may exist, the State CEQA Guidelines shall supersede. In addition, the State CEQA Guidelines offer some alternative methods for insuring that adequate environmental review and public disclosure is accomplished. An outside agency, or any project applicant may request and/or the City may authorize exceptions to the provisions contained in this chapter and title if they would save public time and resources, expedite the process, or be found to be otherwise beneficial, and provided such provisions are consistent with the State's CEQA Guidelines.
(Ord. 96-10 § 1, 1996)
Projects for which environmental review is necessary includes all projects as defined by CEQA.
(Ord. 96-10 § 1, 1996)
The City Planner shall review the plans or proposals for all applicable projects that are submitted in or to the City. The City Planner shall determine that all necessary and available environmental information is included in such plans or proposals. All necessary environmental information does not mean there cannot be unresolved environmental questions or issues at the time that the application is accepted. The City can require that addition environmental information be provided after the application is accepted for processing. Project proponents shall, however, submit environmental information using the environmental information form that is part of the City's private project permit application requirements. An application for a project may not be considered complete until such information has been submitted. Nothing contained in this chapter intended to prohibit a project proponent from submitting more information than that which is required on the environmental information form.
(Ord. 96-10 § 1, 1996)
A. 
State Exemptions. The proposed project shall be exempt from further environmental review requirements if:
1. 
The proposed project is not a "project" as defined by the State CEQA Guidelines;
2. 
The proposed project is categorically exempt pursuant to Article 19, commencing with Section 15300 of the State CEQA Guidelines;
3. 
The proposed project is a ministerial project or otherwise exempted pursuant to Article 18, commencing with Section 15260 of the State CEQA Guidelines. Ministerially exempt projects include the issuance of building permits, the issuance of business licenses, approval of individual utility service connections and disconnections, and the approval of final subdivision maps.
B. 
Local Exemptions. The State's CEQA Guidelines provide that a City may, in the course of establishing its own procedures, add or omit specific activities to each class of projects considered categorically exempt by the State provided that the City's list of exempt activities must be consistent with the letter and intent expressed by the State for each class. The following are the activities that the City adds to the list of categorically exempt projects maintained by the State within Article 19 of the CEQA Guidelines (with State code section and class shown in parenthesis).
1. 
Adoptions, amendments and improvements to the text of the Plymouth Municipal Code, or the adoption of policy resolutions and procedures that are intended to maintain, protect or enhance the health, safety and welfare of the City and its citizens may be considered categorically exempt consistent with Section 15308 of State CEQA Guidelines (Class 8) provided that they will not cause a direct or indirect effect on the physical environment. Amendments to the City's zoning or General Plan land use map are not included. Changes to land use regulations from a less intensive use to a more intensive use are not included.
2. 
Approval of administrative use permits pursuant to Section 18.20.022 are exempt, provided they will not cause a direct or indirect effect on the physical environment.
C. 
Exemption Procedure. The City Planner shall initially determine whether a project is eligible to be considered exempt, except in the case of administrative use permits where such determination shall be final. If a project other than an administrative use permit is determined to be exempt, the subject permit application or project shall be presented for Planning Commission or City Council consideration no more than 30 days from the date that a permit application was accepted for processing. The City Council or Planning Commission shall consider the finding of exemption within a 30 day period whether or not it is ready to act on the project at the same time. After a project for which an exemption has been approved is acted upon the City Clerk shall promptly file a notice of exemption with the County Recorder. The notice shall include the information required by Section 15062 of CEQA Guidelines. The Clerk may use forms included as an appendix within the State's CEQA Guidelines. The resolution of approval or other official record of the City's action on the project shall be filed with the notice. The Clerk should follow carefully the County Recorder's instructions. In certain cases where State resources or agencies are concerned, notice shall also be filed with the State Office of Planning and Research.
(Ord. 96-10 § 1, 1996; Ord. 2000-09 § 1)
A. 
Purpose. When a project application is determined to be complete, and it is not found to be exempt, the City Planner will complete an initial study. The initial study shall include all information required pursuant to Section 15063(d) of State CEQA Guidelines. The City generally uses the initial study checklist that is included as an appendix to the State's CEQA Guidelines as part of its initial study document. The Planner shall use the initial study checklist to help determine whether a negative declaration or an environmental impact report (EIR) should be recommended.
B. 
Public Meeting. Once an application is accepted for processing the City Clerk shall schedule a public meeting to be held within 30 days of the date that a private project permit application is accepted for processing. The purpose of the meeting shall be to make an environmental determination. The meeting shall be held by the Planning Commission or the City Council depending upon which body is required to act pursuant to Sections 18.03.040 and 18.03.050 of this title. The public meeting may be a public hearing and advertised as such if deemed appropriate due to possible public controversy or due to applicable State or local regulations. The Planner shall submit his or her recommendations regarding the environmental determination at the scheduled meeting. This meeting may also be used to take action on the project itself, if an adequate environmental document is available.
C. 
Informal Consultation. If, in completing the initial study, the Planner determines that the project may affect the services or responsibilities of a City department or agency, he or she shall consult with such agency(ies). If the Planner determines that the project may affect or be a concern to any agency outside of the City, then he or she shall transmit copies of the application package to the agency(ies) together with a request that input be provided at least seven days before the scheduled public meeting. The City Clerk shall maintain a checklist with addresses of all State, local and regional agencies which shall be used to assist in the determination of agencies that may be affected or concerned. The City Clerk shall also maintain a list of all agencies who have requested to be informed of certain types of projects and insure that these agencies are consulted. Responsible agencies and trustee agencies shall be included among the agencies to be informally consulted.
The input received through the informal consultation process will be used by the Planner to determine whether to recommend that a negative declaration or an EIR should be prepared. If the information available to the Planner after informal consultation is adequate to prepare mitigation measures or project design changes that will insure that the project will not have a significant direct or indirect impact on the environment then the Planner may recommend that a negative declaration shall be prepared. If the information available to the Planner after informal consultation is not adequate to prepare mitigation measures or project design changes that will insure that the project will not have a significant impact on the environment then the Planner shall recommend that an EIR should be prepared. The City Planner, the City Council and Planning Commission will also be guided by Sections 15064 and 15065 of the State CEQA Guidelines in making an environmental determination.
D. 
Consultation Meeting. The City Planner may hold an informal consultation meeting to which all outside agencies and City agencies with possible concerns may be invited to discuss the project's impacts and possible mitigation measures as well as whether a negative declaration or EIR should be prepared.
E. 
Environmental Determination. The purpose of the public meeting to be held within 30 days of the date an application is accepted for processing is for the City to make an environmental determination. The environmental determination is a decision as to whether a negative declaration or an EIR shall be prepared. The City Planner shall provide his or her recommendations regarding the environmental determination during this meeting.
If the City Planner recommends a negative declaration, he or she will prepare and present a draft negative declaration at such meeting. If the City Planner determines that an EIR should be prepared, he or she shall use the initial study checklist to draft the focus for an EIR. If the City Planner is undecided he or she will recommend that a focused EIR shall be prepared unless the applicant agrees, in writing, to suspend CEQA time limits and to submit additional information deemed essential for an adequate determination. The Planner may also consult with the applicant regarding project design changes if the initial study suggests that design changes could be an appropriate means to reduce potential significant environmental impacts. The Planner will deliver his or her recommendations in writing to the City Council or Planning Commission at least three days before the scheduled public meeting.
F. 
Applicant Appeal of Planning Commission Determination. If the Planning Commission determines that an EIR should be prepared, the applicant may appeal this determination to the City Council provided the applicant files an appeal in writing specifically addressing those items being appealed and agreeing to a 15 day extension of the statutory time limit within which the City is to make an environmental determination. The City Council shall consider only those matters specified in the written appeal and render an environmental determination within 45 days of the date on which the application was accepted for processing.
(Ord. 96-10 § 1, 1996)
A. 
Decision to Prepare a Negative Declaration. A proposed negative declaration shall be prepared for a project subject to CEQA when either:
1. 
The initial study shows that there is no substantial evidence that the project may have a significant effect on the environment; or
2. 
The initial study identified potential significant effects but revisions in the project plans or proposals made by or agreed to by the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the agency that the project as revised may have a significant effect on the environment.
If the City determines that a negative declaration should be prepared the City Clerk will consult with the City Planner and, if necessary, the State Clearinghouse, to establish a 30 day public review period. The City Clerk will cause a public hearing concerning the project to be scheduled by the Planning Commission within 45 days of the date the decision to prepare a negative declaration is made. The purpose of the public hearing will be to consider the draft negative declaration and public or agency comments concerning the draft negative declaration. The hearing may also be used for the Planning Commission to take action or make a recommendation to the City Council concerning the proposed project if, at that time, the commission determines that the draft negative declaration is adequate. In anticipation of the hearing the City Clerk will issue public notice and coordinate agency review pursuant to subsection C of this section which follows.
B. 
Contents. The contents of a negative declaration shall include:
1. 
A brief description of the project, including a commonly used name for the project, if any;
2. 
The location of the project, preferably shown on a map, and the name of the project proponent;
3. 
A proposed finding that the project will not have a significant effect on the environment;
4. 
An attached copy of the initial study documenting reasons to support the finding; and
5. 
Mitigation measures and project design changes, if any, that are included in the project to avoid potentially significant effects.
C. 
Public and Agency Review. Notice that the City proposes to adopt a negative declaration shall be provided to the public within a reasonable period of time, but not less than 10 days, prior to adoption by the City of the negative declaration. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the procedures listed below. Where one or more State agencies will be a responsible agency or a trustee agency or will exercise jurisdiction by law over natural resources affected by the project, the City shall send copies of the negative declaration to the State Clearinghouse for distribution to the State agencies. In such instances, the City Clerk shall contact the State Clearinghouse to coordinate State Clearinghouse review requirements.
1. 
Publication at least one time by the City in a newspaper of general circulation in the area affected by the proposed project;
2. 
Posting of notice by the City on and off site in the area where the project is to be located;
3. 
Direct mailing to owners and occupants of property contiguous to the project. Owners of such property shall be identified as shown on the latest equalized assessment roll;
4. 
Additional notice may need to be provided to property owners within 300 feet of the project site if it is required by separate section of State or local regulations;
5. 
A copy of the notice with the proposed negative declaration shall be sent to every responsible agency and trustee agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project;
6. 
The City may provide public notice by other means or to other individuals or agencies in addition to those listed above if deemed appropriate.
D. 
Public Hearings, Adoption and Appeals. Prior to approving the project or recommending approval of the project, the Planning Commission shall consider, in a public hearing, the proposed negative declaration together with any comments received during the public review process. The public hearing should be held no less than 90 days from the date that a subject private project permit application was accepted for processing. The Planning Commission shall approve the negative declaration or recommend that the City Council approve the negative declaration if it finds on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant affect on the environment.
If the Planning Commission is delegated the responsibility by the City Council pursuant to Section 18.03.040 to take action concerning the project and the negative declaration, it shall do so following the public hearing and no later than 90 days after a subject private project permit application was accepted as complete for processing. Any aggrieved party may file an appeal concerning the Planning Commission's decision, or any part of the Planning Commission's decision to the City Council provided it expresses in writing the specific items being appealed and the reasons for the appeal and provided that it is submitted to the City within 10 calendar days of the Planning Commission's decision. The City Council shall consider the matter and may modify or overturn any part of the Planning Commission's action including those parts pertaining to the negative declaration. In the instance where the project includes a private project permit application, the City Council's action concerning any such appeal should be taken within 105 days of the date the application was accepted for processing.
If the City Council has retained the authority to act upon a project pursuant to Section 18.03.050, then the Planning Commission recommendation regarding the project and the negative declaration shall be transmitted to the City Council by a resolution following the Planning Commission's hearing on the matter. In the instance where the project involves a private project permit application, the Planning Commission's hearing and recommendations should be made available to the City Council within 90 days of the date the application was accepted for processing. The Council should then hold its hearing and take action concerning the project and negative declaration within 105 days of the date the application was accepted for processing.
E. 
Suspension of Time Limits. The above referenced time limits may be suspended by the City if there is any unreasonable delay by the applicant in meeting requests of the City for information needed to prepare an adequate negative declaration. An action to suspend time limits shall be conveyed in writing to the applicant. This action shall suspend the required time limits for the period of time it takes the applicant to provide the necessary information. Alternatively, the City may disapprove a project application where there is an unreasonable delay in meeting information requests. The City may allow a renewed application to start at the same point in the process where the application was when it was disapproved.
F. 
Notice of Determination. After deciding to carry out or approve a project for which a negative declaration has been approved, the City shall file a notice of determination. A notice of determination shall be filed with the County Recorder. If the project requires a discretionary approval from any State agency, the notice of determination shall also be filed with the State Office of Planning and Research. The filing of the notice of determination and the posting on a list of such notices starts a 30 day statute of limitations on court challenges to the approval under CEQA.
The notice of determination shall include:
1. 
An identification of the project including its common name where possible, and its location;
2. 
A brief description of the project;
3. 
The date on which the City approved the project;
4. 
The determination of the City that the project will not have a significant effect on the environment;
5. 
A statement that a negative declaration has been prepared pursuant to the provisions of CEQA;
6. 
The address where a copy of the negative declaration may be examined.
(Ord. 96-10 § 1, 1996)
A. 
Decision to Prepare an EIR. As described in previous Section 18.05.050, the City will use an initial study, informal consultation, and the provisions of Sections 15064 and 15065 of the State CEQA Guidelines to decide whether an EIR or a negative declaration should be prepared. When a project applicant or proponent predicts that an EIR will be required, they may request the City to initiate this EIR process concurrently with the early phases of application processing. In most cases the initial study checklist will be used pursuant to previous Section 18.05.050 to focus the concerns to be addressed in an EIR.
B. 
City Council Responsibility for EIRs. When the Planning Commission or City Council determines that an EIR should be prepared, then the City Council shall automatically take responsibility for the project even in instances where the Planning Commission is normally given that responsibility pursuant to Section 18.03.040.
C. 
One-Year Time Limit. When a project includes a private project permit application and an EIR is required, all other phases of application processing may be halted and no action will be taken by the City on the project application until after a final EIR is certified by the City. The EIR and the action on the project itself must be complete within one year of the date the application was accepted for processing unless the applicant has agreed, in writing, to an extension of required CEQA time limits pursuant to Section 15108 of the State CEQA Guidelines or the City has formally suspended the required time limit due to applicant delay pursuant to Section 15109 of the CEQA Guidelines or Section 18.03.080(K).
D. 
Contents. The contents of draft EIRs shall be as specified in Articles 9 and 10 of the State CEQA Guidelines and Section 18.05.070(E)(9). The content of final EIRs shall be as specified in Section 15132 of State CEQA Guidelines and subsections (E)(11) and (E)(12) of this section.
E. 
EIR Process. The following process is developed consistent with the CEQA Guidelines to guide the preparation and review of EIRs through certification.
1. 
When the City Council or Planning Commission determines that an EIR should be prepared, the City Clerk shall notify the applicant and inform the applicant that EIR processing may commence when the required processing fees are paid and a letter is received from the applicant indicating awareness of the EIR process and agreement to pay the City's consultant costs directly related to the preparation and processing of the draft EIR. Because of state required time limits, the applicant must return the submittals within 15 days.
2. 
After the EIR processing fee has been paid, the City Clerk and City Planner will mail a notice of preparation (NOP) to all concerned public and private agencies or individuals. All responsible agencies, trustee agencies, and any Federal agency involved in approving or funding the project shall receive a copy of the NOP. The NOP shall contain all information required by Section 15082 of State CEQA Guidelines. The NOP shall request all such agencies to provide the City with specific detail about the scope and content of the environmental information related to the agency's area of responsibility which must be included in the draft EIR. All responses to the notice of preparation will be delivered to the City Clerk within 30 days.
3. 
Within the 30 day period during which agencies are preparing responses applicable to the notice of preparation, the City may schedule and hold a scoping session pursuant to Section 15082(c) of State CEQA Guidelines. The purpose of the scoping session will be to bring all City agencies, outside agencies and concerned citizens together to discuss the necessary scope and content of the environmental information to be considered in the draft EIR.
4. 
The City shall convene a scoping meeting with outside agency representatives to discuss the scope and content of the environmental information to be addressed in an EIR upon its own initiative or no later than 30 days after receiving a request for such meeting from the project applicant or a responsible or trustee agency.
5. 
After responses to the notices of preparation (NOP) are returned to the City Clerk, the City Planner shall compile the comments and either initiate work on the draft EIR or send a request for proposals (RFP) for preparation of a draft EIR by qualified planning consultants.
6. 
Before preparation of the draft EIR can begin, the applicant must submit the entire portion of the fee deemed necessary for the preparation of the draft EIR. The fee may include a deposit for the estimated costs that will be incurred by City staff and the City's contract planner, engineer and attorney as well as any estimate provided by any consultant that is selected to prepare the draft EIR. Following the contract execution, 30% of the draft EIR preparation fee is paid to the consultant as an initial payment.
7. 
The draft EIR shall be prepared according to the State CEQA Guidelines.
8. 
The City Planner will distribute copies of the draft EIR for public review to all affected or concerned local agencies and to the State Clearinghouse with a notice of completion. The notice of completion shall contain all information required by Section 15085 of State CEQA Guidelines. The City Planner will consult with the City Clerk and the State Clearinghouse to establish a 45 day public review period. The City Clerk will issue public notice pursuant to Section 15087 of CEQA Guidelines and schedule a public hearing before the City Council near the end of the public review period. The City Council will hold a public hearing on the draft EIR to solicit comments from the public on the adequacy of the draft EIR near the end of the 45 day public review period. Written or oral comments on the EIR should focus on the sufficiency of the document in discussing possible impacts on the environment, ways in which adverse effects might be minimized and alternatives to the project. Following the hearing and the review period on the draft EIR, the City Planner will compile all the comments for consideration in the final EIR.
9. 
The final EIR consists of a copy of the draft EIR or a revision of the draft, comments and recommendations received on the draft EIR, a list of all agencies, organizations or persons who commented on the draft EIR, and the City's responses to significant environmental points raised in the review of the draft EIR.
10. 
In preparation of the final EIR, the City staff or consultant shall also prepare draft findings and statements of overriding considerations for City Council consideration consistent with Sections 15090 through 15093 of State CEQA Guidelines.
11. 
The Planner shall distribute copies of the final EIR to all persons or agencies who commented on the draft EIR.
12. 
The City will recirculate a draft EIR whenever significant new information is added to the EIR that changes the project or the draft EIR substantially. Recirculation shall take place before the EIR is submitted to the City Council for certification. Recirculation means redistributing the EIR for review by all agencies or interested citizens including the State Clearinghouse pursuant to subsection (E)(8) of this section. Such recirculation of an EIR prior to certification shall also conform to the provisions of Section 15088.5 of State CEQA Guidelines.
13. 
The final EIR will be presented at a regular City Council meeting for certification. The City Council's action to certify an EIR shall include all necessary findings including those specified within Sections 15090 through 15093 of State CEQA Guidelines. The certification action informs the public that the final EIR has been completed in compliance with CEQA and that the City Council has reviewed and considered the information contained in the EIR prior to making a decision on the project. Following certification, the Council may act upon the project itself. The preparation or certification of an EIR does not necessarily mean that a project will be approved by the City Council. The City shall disapprove a project if its approval will be found to have one or more significant environmental effects, unless the City makes specific findings pursuant to Sections 15091 through 15093 of State CEQA Guidelines. If the project is approved, the City Clerk will file a notice of determination pursuant to Section 15094 of the State CEQA Guidelines. The City Clerk shall also distribute and/or retain copies of the final EIR as required by Section 15095 of State CEQA Guidelines.
F. 
Alternative Types of EIRs and Negative Declarations. The City may accept alternative types of EIRs and negative declarations pursuant to Article 11 of the State CEQA Guidelines, including, but not limited to, project EIRs, subsequent EIRs and negative declarations, supplemental EIRs, supplemental negative declarations, staged EIRs, program EIRs, master environmental assessments and joint EIR-EISs.
(Ord. 96-10 § 1, 1996)