As part of the review to determine whether an application for a development project is complete, the Chief Planner shall conduct a preliminary assessment of potential environmental issues. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. The Chief Planner may require the applicant to submit additional information needed to support this determination. An application subject to environmental review pursuant to CEQA shall not be considered complete until the applicant has submitted all studies and other documentation the Chief Planner has deemed necessary to make an environmental determination together with all required fees.
(Ord. 1432 § 2, 2010)
If the Chief Planner determines that the application is subject to review under CEQA, within 30 days after determining that the application is complete, he or she shall determine if the project is exempt from environmental review pursuant to State law, the State CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
A. 
If the Chief Planner has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice. The notice shall include a citation to the State Guidelines section or statute under which it is found to be exempt.
B. 
Following approval of a project that is exempt from CEQA review, the Chief Planner or the applicant may file a Notice of Exemption with the San Mateo County Clerk as provided for in CEQA and the applicable State and City guidelines. The applicant for a private project shall be responsible for any fees required to file such notice.
C. 
A determination of exemption by any decision-making authority other than the City Council may be appealed to the City Council in the same manner provided for other appeals in Chapter 20.570 (“Appeals and Calls for Review”).
(Ord. 1432 § 2, 2010)
If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review accompanied by a fee set by the Master Fee Schedule. The Chief Planner may require the submission of additional information and supporting documentation with the application for environmental review. After receiving an environmental review application, the Chief Planner shall determine whether to require preparation of an Environmental Impact Report (EIR) or Negative Declaration or Mitigated Negative Declaration. In order to make this determination, the Chief Planner shall prepare an Initial Study at the applicant’s expense. If the Chief Planner and project applicant agree that an EIR is necessary, an Initial Study is not required.
(Ord. 1432 § 2, 2010)
The Initial Study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project’s potential impacts. Following completion of the Initial Study, the Chief Planner shall notify the applicant in writing of changes to the project that Staff has deemed necessary to reduce or avoid the significant effects identified in the Initial Study. Within 30 days following the date of the letter, the applicant shall provide written notification to the Chief Planner indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project an EIR shall be prepared.
(Ord. 1432 § 2, 2010)
Based on the Initial Study, the Chief Planner will make one of the following findings:
A. 
The project will have “No Significant Impacts” on the environment, and a Negative Declaration will be prepared;
B. 
The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared; or
C. 
The proposed project will have, or may have, significant impact(s) and an EIR will be required.
(Ord. 1432 § 2, 2010)
If the Chief Planner has determined that the proposed project will not have a significant effect on the environment, the Chief Planner, at the applicant’s expense, shall prepare a Negative Declaration for public review in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. If the applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Chief Planner shall prepare a Mitigated Negative Declaration for public review. The Chief Planner shall provide public notice of the proposed environmental determination for a period of at least 20 days at the same time and in the same manner required for the underlying permit in accordance with Chapter 20.450 (“Common Procedures”).
(Ord. 1432 § 2, 2010)
If it is determined that an EIR is required, the Chief Planner shall prepare, distribute, and post a Notice of Intent to Prepare an EIR in the same manner required for the underlying permit unless otherwise specified in applicable State or federal requirements. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that should be explored. The applicant or any aggrieved party who believes that a Negative Declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within 10 days after the notice has been posted. The City Council’s decision shall be final. The City will prepare the Draft EIR with its own staff or by contract with a consultant chosen by the City in conformance with the requirements of CEQA and applicable State and City environmental review guidelines. The applicant shall pay the cost of preparing an EIR and reasonable costs for administering the work of outside consultants in accord with the adopted fee schedule.
(Ord. 1432 § 2, 2010)
Following completion of a Draft EIR, the Chief Planner shall prepare and post a Notice of Completion initiating a minimum 30-day public review period or 45 days if the project is subject to review by a State Agency. The Chief Planner shall mail a notice of the availability of a Draft EIR to those requesting such notice in writing, to local and regional agencies, and interested federal agencies. The City shall make copies of the Draft EIR available for public review at the Planning Division office during regular office hours and at the South San Francisco Public Library. The City may impose a charge for copies of the Draft EIR in accordance with the adopted fee schedule.
(Ord. 1432 § 2, 2010)
After the public review period has expired, the City or its consultant will prepare a Final EIR for certification by the decision-making bodies responsible for action on the project. The Final EIR will consist of the Draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the Draft EIR, and a response from the City on significant environmental issues raised in the Draft EIR and comments.
(Ord. 1432 § 2, 2010)
Any City official or body responsible for taking action on a project for which a Negative or Mitigated Negative Declaration, or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is approved, the decision-making body shall impose conditions to mitigate any adverse environmental impacts. The highest decision-making entity responsible for action on an application for a development permit shall approve the Negative Declaration or Mitigated Negative Declaration or certify the Final EIR prior to the time the project is considered for approval. The decision-making entity may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the Negative Declaration or Mitigated Negative Declaration or certification of the Final EIR would not comply with the requirements of applicable State and local environmental review requirements. Approval of a Negative Declaration or Mitigated Negative Declaration or certification of a Final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State and local CEQA guidelines and not an approval of a project. Certification of a Final EIR or approval of a Negative Declaration or Mitigated Negative Declaration does not imply that the City endorses the proposed project nor that the City will approve the necessary permit applications.
(Ord. 1432 § 2, 2010)
When a development project is subject to environmental review, all decision-making officials and entities shall take action on all applications for the project that have been submitted and deemed complete in compliance with the following time limits unless State or federal law mandate a shorter deadline. Notwithstanding these deadlines, the applicant may request in writing and the City may approve a single extension for a period not to exceed 90 days unless State law authorizes a longer extension. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Chapter 20.570 (“Appeals and Calls for Review”).
A. 
Within 60 days of the date the City has determined the project exempt from environmental review;
B. 
Within 60 days of the date the Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval;
C. 
Within 180 days from the date the decision-making entity certifies the Final EIR.
(Ord. 1432 § 2, 2010)
The City shall approve a mitigation monitoring and reporting program (MMRP) for all projects that it approves with a Mitigated Negative Declaration or a Final EIR. The purpose of the MMRP is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.
A. 
Submittal and Approval. The MMRP shall be prepared and considered as part of an Mitigated Negative Declaration or EIR. The applicant shall pay fees to the City in an amount not exceeding the reasonable cost for monitoring compliance with the Mitigation Plan.
B. 
Enforcement. Failure to comply with the conditions and requirements of an approved mitigation monitoring and reporting program shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement in accordance with the provisions of this Ordinance.
C. 
Amendment of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this Ordinance authorize the City to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.
(Ord. 1432 § 2, 2010)
Notwithstanding other provisions of this Ordinance, the applicant or any aggrieved person may appeal the following environmental determinations directly to City Council in the manner described in Chapter 20.570 (“Appeals and Calls for Review”):
A. 
Determination that a project is or is not subject to environmental review.
B. 
Determination that a project is exempt from environmental review.
C. 
Approval of a Negative Declaration or Mitigated Negative Declaration.
D. 
Certification of a Final EIR.
(Ord. 1432 § 2, 2010)