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.
(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)
