The meaning and construction of words and phrases as hereinafter set forth shall apply throughout this title except where the context of such words or phrases clearly indicates a different meaning of construction.
(Ord. 404 (Exh. A), 1987)
The definitions set forth in Chapter 2.5 of CEQA and in Article 20 of CEQA guidelines are adopted. The following definitions are either reproduced from CEQA and its guidelines for convenience or are additional definitions applicable to this title.
means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial assistance from the city or other public agency when that person applies for the governmental approval or assistance.
means a decision by the city acting through any of its officials, commission or the council which commits the city to a definite course of action in regard to a project intended to be carried on by any person.
With private projects, approval occurs upon the earliest commitment to issue or the issuance by the city of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.
With public projects, approval occurs upon the irrevocable commitment by the city or other public agency to carry out a project.
means an exemption from CEQA for a class of projects based on a finding by the secretary for resources that the class of projects does not have a significant effect on the environment.
means the California Environmental Quality Act, California Public Resources Code Sections 21000 et seq.
means a city employee who is designated and charged with the responsibility of administering the provisions of this title.
means the city of Brentwood acting by and through its various officers, departments and commissions.
means the planning commission of the city.
means the city council of the city.
means a project which requires the exercise of judgment or deliberation when the city decides to approve or disapprove a particular activity, as distinguished from situations where the city merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations.
means either or both of the following physical changes:
Direct or primary effects which are caused by the project and occur at the same time and place;
Indirect or secondary effects which are caused by the project and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems.
means the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and manmade conditions.
means initial studies, negative declarations, draft and final EIRs, documents prepared as substitutes for EIRs and negative declarations under a program certified pursuant to Public Resources Code Section 21080.5, and documents prepared under the National Environmental Protection Act (NEPA) and used by a state or local agency in the place of an initial study, negative declaration, or an EIR.
means a detailed statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The term shall include "an administrative draft EIR," "draft EIR" or "final EIR," depending on the context.
means the guidelines for implementation of the California Environmental Quality Act of 1970 as adopted by the California Resources Agency and any amendments thereto.
means a preliminary analysis prepared by the city to determine whether an EIR or a negative declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
means the public agency which has the principal responsibility for carrying out or approving a project. The lead agency will decide whether an EIR or negative declaration will be required for the project and will cause the document to be prepared.
means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
means 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. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out.
means any of the following actions taken relative to an identified impact on the environment.
Avoiding the impact altogether by not taking a certain action or parts of an action;
Minimizing the impact by limiting the degree or magnitude of the action and its implementation;
Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment;
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
means a written statement by the city briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR.
means a brief notice filed with the state Office of Planning and Research (OPR) by the city as soon as it has completed a draft EIR and is prepared to send out copies for review.
means a brief notice to be filed by the city after it approves or determines to carry out a project which is subject to the requirements of CEQA.
means a brief notice which may be filed by the city after it has decided to carry out or approve a project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA.
means a brief notice sent by the city to notify the responsible agencies, trustee agencies, and involved federal agencies that the city plans to prepare an EIR for the project. The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR.
means any person, firm, association, organization, partnership, business, trust, corporation, company, district, city, county, city and county, town, the state, and any of the agencies or political subdivisions of such entities.
means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, and that is any of the following:
An activity directly undertaken by any public agency including, but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of local general plans or elements thereof pursuant to Government Code Sections 65100 through 65700;
An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies;
An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
"Private project" means a project which will be carried out by a person other than a governmental agency and which will need a discretionary approval from one or more governmental agencies for:
means any state agency, board or commission and any local or regional agency as defined in CEQA guidelines.
means a public agency which proposes to carry out or approve a project, for which a lead agency is preparing or had prepared an EIR or negative declaration. For the purposes of CEQA, the term responsible agency includes all public agencies other than the lead agency which have discretionary approval power over the project.
means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered only in determining whether the physical change is significant.
means an applicant for a private project or the city of Brentwood and any other public agency proposing a public project subject to CEQA.
(Ord. 404 (Exh. A), 1987)