In certain instances the City may be a responsible agency or
an agency that may have concerns regarding a project being considered
by a lead agency that is outside of the City. The provisions of this
chapter outline the responsibilities and procedures whereby the City
will review environmental documents prepared by other lead agencies
and provide input.
(Ord. 96-10 § 1, 1996)
When or if the City is a responsible agency as defined by State
CEQA Guidelines or this title in respect to a project being considered
by a separate agency, the City should be consulted by the separate
agency before preparation of the draft EIR. The City shall carry out
its duties as a responsible agency according to the following process:
A. The
City Council shall, on the basis of its own initiative or based on
a recommendation of the Planning Commission or staff, respond in writing
to any lead agency requesting formal or informal consultation. Any
such response shall include a request that the lead agency provide
the City with continuing opportunity for input, including, but not
limited to, comments on the draft and final EIRs. If the City Council
chooses not to respond within 30 days, it should do so with the understanding
that it may not be given the opportunity to comment on the draft and
final environmental documents and it may reduce its opportunities
for taking issue with the project either administratively or through
the courts based on environmental factors.
B. The
City's response to request for consultation by a lead agency
shall include its reasons for recommending whether the lead agency
should prepare an EIR or negative declaration for the project. If
the City disagrees with the lead agency's proposal to prepare
a negative declaration for a project, the City will identify the significant
environmental affects which it believes would result from the project
and recommend either that an EIR be prepared or that the project be
modified to eliminate the significant effects.
C. The
City shall send the written reply by certified mail or another method
which provides a record showing that the notice was received by the
lead agency as soon as possible but no later than 30 days after receiving
a notice of preparation. The reply shall specify the scope and content
of the environmental information which would be germane to the City's
statutory responsibilities in connection to the proposed project.
D. The
City may request that the lead agency hold a scoping session pursuant
to the provisions of Section 15082(c) of State CEQA Guidelines. The
City Council may appoint representatives including one or two members
of the Planning Commission and the City Planner to attend and participate
in the scoping meeting.
E. The
City shall review and comment on draft EIRs and negative declarations
for projects which it will later be asked to approve. The City may
choose to comment on draft EIRs and negative declarations for projects
which it is not required to approve but which may have affects upon
the City or its citizens. The City's comments should focus on
any shortcomings of a draft EIR, the appropriateness of using a negative
declaration, or additional alternatives or mitigation measures which
the EIR or negative declaration should include. The comments shall
be limited to those project activities which are within the City's
area of expertise or concern. Comments shall be as specific as possible
and supported by either oral or written documentation.
F. If
the City believes that a final EIR or negative declaration prepared
by a separate lead agency is not adequate for use by the City, the
City must either:
1. Take
the issue to court within 30 days after the lead agency files a notice
of determination;
2. Be
deemed to have waived any objection to the adequacy of the EIR or
negative declaration;
3. Prepare
a subsequent EIR if permissible pursuant to Section 15162 of State
CEQA Guidelines; or
4. Assume
the lead agency role as provided in Section 15052(a)(3) of State CEQA
Guidelines.
G. When
the City is a responsible agency that is required to take action on
a project for which a separate agency has been deemed the lead agency,
it must consider the environmental effects of the project as shown
in the EIR or negative declaration prepared by that agency. The City
may prepare its own subsequent or supplemental EIR only as provided
in Section 15162 or 15163 of State CEQA Guidelines. When a negative
declaration or EIR is prepared by a lead agency that is not the City,
the City will have responsibility for mitigating or avoiding only
the direct or indirect environmental effects of those parts of the
project which the City decides to carry out, finance or approve.
H. When
an EIR has been prepared for a project that the City must review as
a responsible agency and the City has the responsibility to approve
part or all of the project, the City shall not approve the project
as proposed if it finds there is any feasible alternative or feasible
mitigation measures within its powers that would substantially lessen
or avoid any significant effect the project would have on the environment.
I. When
an EIR has been prepared for a project that the City must review as
a responsible agency and the City has the responsibility to approve
part or all of the project, the City shall make the findings required
by Section 15091 of State CEQA Guidelines for each significant effect
of the project on the City and shall make the findings of Section
15093 of State CEQA Guidelines if necessary.
J. When
an EIR has been prepared for a project that the City must review as
a responsible agency and the City has the responsibility to approve
part or all of the project, the City should file a notice of determination
in the same manner as would be required if the City were the lead
agency when it takes action on such project.
(Ord. 96-10 § 1, 1996)