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)