(A)
At the time a project application is filed with the City, each applicant
shall submit such information to the Department of Community Development
as is required by the Department regarding the possible environmental
effects of the project.
(B)
Thereafter, the applicant shall submit such additional information
as the Environmental Coordinator deems necessary in order for the
Coordinator to conduct and complete an initial study of the project.
(Ord. 2629 § 1, 1987)
Ministerial projects are exempt from environmental review. "Ministerial"
describes a governmental decision involving little or no personal
judgment by the Public Official as to the wisdom or manner of carrying
out the project. The Public Official merely applies the law to the
facts as presented, but uses no special discretion or judgment in
reaching a decision. Examples include automobile parking permits and
City business licenses.
(Ord. 2629 § 1, 1987)
(A)
Some projects are categorically exempt from CEQA in accordance with
the State CEQA Guidelines, starting with Section 15301. Examples of
categorically exempt projects include:
(B)
The City Council, by resolution, may in accordance with CEQA and
the State CEQA Guidelines, identify and list additional activities
and projects that shall be categorically exempt from CEQA.
(Ord. 2629 § 1, 1987)
The applicant may request that the Environmental Coordinator
provide the applicant with the results of the initial study prior
to its release for public review as required by the State CEQA Guidelines.
Following review of the initial study, the applicant may notify the
Environmental Coordinator in writing of the applicant's intention
to withdraw the project and to resubmit a revised project which would
avoid or clearly mitigate to a point of insignificance all potentially
significant environmental effects identified in the initial study.
Upon receiving such notice, the Environmental Coordinator shall withhold
the findings and determinations required by the State CEQA Guidelines
and suspend all review of the project until the revised project has
been filed.
(Ord. 2629 § 1, 1987)
The Environmental Coordinator shall provide notice that a negative
declaration has been prepared and is proposed to be approved. Such
notice shall be given not less than 10 days prior to adoption of the
negative declaration, and in the manner set forth in Section 15072
of the State Guidelines.
(Ord. 2629 § 1, 1987)
If the final decision on a project is to be made by an Administrative
Official of the City, the Environmental Coordinator shall have the
authority to approve and adopt the negative declaration for such project.
For all other projects, the decision-making body vested with responsibility
for making the final decision on the project shall review the findings
of the Environmental Coordinator and make the findings and determination
required by law. For those projects which require review by the Planning
Commission and approval by the City Council, a public hearing shall
be held on the negative declaration by the Planning Commission. The
City Council will not hold another public hearing on the negative
declaration when the Council considers approval and adoption of the
negative declaration.
(Ord. 2629 § 1, 1987)
If the Environmental Coordinator determines that an EIR shall
be prepared, the Environmental Coordinator shall prepare, or cause
to be prepared, a Draft EIR. Information submitted by the applicant
and information from any previous EIR or other public report may be
incorporated, in whole or part, into the Draft EIR. Regardless of
whether the City or an agent of the City prepares the Draft EIR, the
Environmental Coordinator shall be responsible for causing the report
to comply fully with CEQA and the State Guidelines, including but
not limited to the completeness and objectivity of the Draft EIR.
(Ord. 2629 § 1, 1987)
Upon commencing preparation of the Draft EIR, the Environmental
Coordinator shall give notice that the City, as Lead Agency for the
project, will prepare, or cause to be prepared, an EIR. Such notice
shall be directed to the applicant, to each responsible agency, and
to any person, agency or organization which the Environmental Coordinator
determines may be necessary to comply with CEQA.
(Ord. 2629 § 1, 1987)
In addition to distribution required by the State CEQA Guidelines,
a Draft EIR shall be placed in the Office of the City Clerk and may
be placed at such other locations within the City and vicinity as
the Environmental Coordinator shall determine appropriate to provide
members of the public with access to the Draft EIR.
(Ord. 2629 § 1, 1987)
(A)
Review periods for Draft EIRs shall not be less than 30 days nor
longer than 90 days from the date of the notice of preparation. The
Environmental Coordinator shall determine the actual period of review
within the foregoing limits.
(B)
When a Draft EIR is submitted to the State Clearinghouse, the public
review period shall be at least 45 days, unless a shorter period is
approved by the State Clearinghouse.
(Ord. 2629 § 1, 1987)
(A)
The decision-making body may conduct a public hearing to review the
adequacy of the Draft EIR, which may be held during or after the public
review period. For those projects which require review by the Planning
Commission and approval by the City Council, a public hearing may
be held on the Draft EIR by the Planning Commission, and the City
Council shall not hold another public hearing on the EIR when the
Council considers EIR certification.
(B)
If it is able, based upon the evidence presented, to make the findings
required by the State CEQA Guidelines, the decision-making body shall
certify the Final EIR.
(Ord. 2629 § 1, 1987)
(B)
Prior to certification of the Final EIR by the decision-making body,
the Final EIR shall be placed in the office of the City Clerk and
at such other locations as the Environmental Coordinator deems appropriate
to provide members of the public with reasonable opportunity to review
the Final EIR. Following certification of the Final EIR, the applicant
shall provide a copy of the Final EIR to each responsible agency following
approval of the project.
(Ord. 2629 § 1, 1987)
If the final decision of a project is to be made by an Administrative
Official of the City, the Environmental Coordinator shall have authority
to adopt the previously certified EIR for the project. For all other
projects, the decision-making body vested with responsibility for
making the final decision on the project shall review the finding
of the Environmental Coordinator made in accordance with the State
CEQA Guidelines and take either of the following actions:
(A)
Confirm the finding of the Environmental Coordinator made pursuant
to the State CEQA Guidelines and adopt the proposed EIR for use in
reviewing the project; or
(B)
Reject the finding of the Environmental Coordinator made pursuant
to the State CEQA Guidelines and determine that an EIR shall be prepared
for the project.
(Ord. 2629 § 1, 1987)
