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)