Pursuant to the California Environmental Quality Act (Public
Resources Code, Section 21000 et seq., herein "CEQA") and State EIR
Guidelines (
California Administrative Code Section 15000, et seq.,
referred to in this chapter as the "guidelines"). The City is required
to assess and report on the environmental impact of any project the
City intends to undertake or give discretionary approval to which
may have a significant effect on the environment. This chapter has
been enacted by the City Council to give effect to the act and the
guidelines within the City.
(Prior code § 9400; Ord. 462 § 2, 1979)
The City Council shall, from time to time as necessary, adopt
by resolution, the State EIR Guidelines (California Administrative
Code Section 15000 et seq.). Upon such adoption, the guidelines are
incorporated into this chapter by reference. A copy of the guidelines
as adopted shall be kept on file in the office of the City Clerk.
(Prior code § 9401; Ord. 462 § 2, 1979)
A. No
discretionary permit, license, lease or other authorization or entitlement
to use, occupy, construct, erect, build, substantially alter or modify
shall be issued or approved if the proposed project may have a significant
effect on the environment until an environmental impact report (EIR)
has been prepared and submitted as hereinafter provided or until a
negative declaration (ND) has been made as provided in this chapter.
For the purpose of this section, "discretionary permits" shall include
conditional use permits, zone variances, rezonings and actions on
subdivision tentative maps.
B. No
public project shall be approved or carried out if the project may
have a significant effect on the environment without compliance with
the provisions of this chapter.
(Prior code § 9402; Ord. 462 § 2, 1979)
Those projects which are listed as categorical exemptions in
the guidelines shall be deemed exempt from the provisions of this
chapter.
(Prior code § 9403; Ord. 462 § 2, 1979)
The proponents of all public and private projects shall incorporate
environmental considerations into project conceptualization, design
and planning at the earliest feasible time.
(Prior code § 9404; Ord. 462 § 2, 1979)
A. All
projects, which are not excluded or exempt from the requirements of
this chapter, shall be the subject of an initial study (IS), which
shall be made by the City Planner.
B. The initial study shall include a determination as to whether or not the project may have a significant effect on the environment. In making this determination, the City Planner may require the applicant to provide such information as is deemed reasonably necessary to make a determination of environmental impact. The applicant shall pay a fee established under Chapter
18.76 and a deposit established by resolution of the City Council. An application for initial study shall not be deemed accepted until all required information has been received.
C. If
the City Planner determines that the project would not have a significant
effect on the environment (a negative determination), a negative declaration
shall be prepared and filed. No environmental impact report shall
be required unless the negative declaration is overruled on appeal
to the City Council. In making determinations hereunder, the guidelines
adopted by Council resolution, or any amendments adopted by the State
Resources Agency thereto, shall take precedent in making such determinations.
D. If
review of the initial study indicates that the project will, or may
potentially have a significant effect on the environment, an environmental
impact report shall be prepared and processed.
(Prior code § 9405; Ord. 462 § 2, 1979; Ord. 546 § 1, 1981; Ord. 2002-981 §
1)
A. Notice
of all negative declarations shall be published at least once in a
newspaper of general circulation in the City, with sufficient information
to reasonably identify the location, the nature of the project, and
the date by which appeals must be filed. Copies of environmental documents
shall be made available to the public for the actual cost of reproducing
the copy, pursuant to
California Administrative Code Section 15163.
B. Any
person shall have the right to appeal the negative declaration by
filing with the City Planner within 10 days from the date of publication
of the notice of negative declaration. All appeals shall state in
writing the specific reason therefor and the manner in which the environment
is alleged to be affected. All appeals of negative declarations shall
be considered by the City Council at the next regular meeting, which
is more than seven days from the date of filing the appeal or at such
time as determined by the City Council. The applicant shall be required
to provide a project description of adequate specificity for the City
to prepare or solicit preparation of the environmental impact report.
It shall include all proposed or acceptable mitigation or alternatives
to already identified or potentially significant adverse environmental
effects discovered in the initial study. The environmental consequences
will be determined, based on the project as proposed, and in accordance
with the adopted guidelines (Article 7, Evaluating Projects).
C. The
City shall prepare, or cause to be prepared under contract, an EIR
according to such guidelines. The City Planner may require the applicant
to submit part or all of the information necessary to prepare a draft
EIR in a form specified by the City.
D. The
City Council shall, by resolution, adopt a fee schedule for the processing
of projects subject to environmental review and for the processing
of any report or appeal thereafter. In the event staff is unable to
prepare an environmental impact report, the City Council may cause
the same to be prepared and the actual cost shall be collected from
the applicant.
(Prior code § 9406; Ord. 462 § 2, 1979)
A. Within
30 days after the applicant has submitted the project description,
and any other required information in a form satisfactory to the City
Planner, the Director shall cause the preparation of a draft environmental
impact report.
B. Procedures
relative to filing and standards for evaluating the draft environmental
impact report and comments shall prescribe to steps outlined in the
guidelines. Copies of this draft report shall be distributed to all
public agencies and departments which have jurisdiction by law and
made available to those involved with the project. Timely notice shall
be given to all such agencies and to the public by publication of
a notice of availability of the draft EIR. The time interval for review
shall be no less than 30 days unless the report has to be submitted
to the State Clearinghouse, when it shall be no less than 45 days.
For more significant projects, the period of review may be extended
to insure adequate participation by relevant agencies and the public.
(Prior code § 9408; Ord. 462 § 2, 1979)
A. Environmental
impact reports shall contain the information outlined in Article 9
of the guidelines. The processing time, from the acceptance of the
applicant's project description, as well as any other required information
and fees, but exclusive of the actual time to prepare the draft EIR,
to the filing of the final environmental impact report with the City
Planner should not exceed 120 days. For average projects, the preparation
time for draft EIRs range from four to 12 weeks.
B. Notice
of completion: When an environmental impact report is complete, the
City Planner shall file notice of completion with the secretary for
the resources agency. This notice shall contain information pursuant
to Section 15085(C) of the adopted guidelines.
C. For
a period of 15 days following receipt of the final environmental impact
report by the City Planner, any person may file a written appeal on
the basis that the report does not adequately indicate the impact
of the proposed project on the environment and state, in writing,
the specific reasons therefor, and the manner in which the environment
is alleged to be affected.
(Prior code § 9409; Ord. 462 § 2, 1979)
The environmental impact report shall be forwarded along with
any appeals to the secretary of the Planning Commission. The secretary
shall set the matter for the public hearing on the Commission agenda.
Notice will be given in the same form and time as notice for other
regularly conducted public hearings in the City. After hearing staff
comments and testimony from the public, the commission may refer the
report back to staff for further investigation or additional information
necessary for complete report. The Commission shall forward the environmental
impact report to the City Council with their recommendation as to
whether it is in compliance with all applicable requirements.
(Prior code § 9410; Ord. 462 § 2, 1979)
Upon receipt of the Planning Commission's recommendation, the
City Clerk shall set the report for public hearing before the City
Council. Notice shall be given in the same form and time as other
regularly conducted public hearings in the City. At the hearing, the
staff report, Planning Commission recommendation and comments from
the public shall be received. Council may refer the report back to
staff for investigation and for inclusion of additional material as
deemed necessary to a full and complete report. If the Council finds
that the report meets the requirements of the California Environmental
Quality Act, the State Guidelines and this chapter, they shall, by
motion, so certify.
(Prior code § 9411; Ord. 462 § 2, 1979)
It is the intent of the City Council that any particular situation
not covered by this chapter, be governed by the State Guidelines,
issued by the resources agency. Staff shall guide themselves accordingly
in administering this title. Matters concerning the interpretation
of this chapter shall, if possible, be resolved by reference to the
applicable portions of the California Environmental Quality Act and
the State Guidelines, which shall take precedence in any conflicts
which may arise.
(Prior code § 9412; Ord. 462 § 2, 1979)