A. 
Purpose. This chapter establishes procedures the city will use for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other relevant and applicable federal, state, and local environmental laws and regulations for projects subject to the provisions of this zoning code. These provisions are intended to insure that responsible decision-makers and the public are informed about the potentially significant environmental effects of proposed activities and that environmental review is integrated with the discretionary review provisions to promote incorporation of environmental considerations into the design, planning, and review of projects.
B. 
Applicability. The procedures shall apply to all projects sponsored or assisted by the city and all private projects requiring any discretionary approvals from the city including private projects involving funding or any other form of participation by a federal agency, if the federal agency requires the city to conduct environmental review in compliance with NEPA. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail. These provisions are not intended to supersede CEQA Guidelines.
(Ord. 1598)
A. 
Preliminary Review. Within 30 days after receiving an application, the director shall determine if the application is complete in accordance with Section 11.5.10.020: Review of Applications. The director shall identify potential environmental issues and determine whether a project is subject to environmental review. The director may require the applicant to submit additional information. The director may designate a person to serve as environmental review coordinator for projects undertaken by the city that are not subject to this zoning code. An application subject to environmental review pursuant to CEQA shall not be considered complete until all studies that may be required are submitted. If the director determines that an application is not subject to environmental review under CEQA, the director shall proceed to process the application in accordance with this zoning code.
B. 
Review for Exemption. The director shall determine if the project is exempt from environmental review pursuant to CEQA and state and city CEQA Guidelines within 30 days after the application is deemed complete.
1. 
If the director has determined that a project is exempt, the director shall post a notice. The notice shall include a citation to the state guidelines section or statute under which it is found to be exempt.
2. 
Following approval of a project that is exempt from CEQA review, the director or the applicant may file a notice of exemption with the county clerk as provided for in CEQA and applicable CEQA guidelines. The applicant for a private project shall be responsible for any filing fees.
3. 
A determination of exemption by any decision-making authority other than the city council may be appealed to the city council in accordance with Title 1: General Provisions, Chapter 1.20.005: Administrative Review.
C. 
Environmental Review Application. If the proposed project is not exempt from CEQA review, the applicant shall submit an application for environmental review accompanied by a fee specified in the master fee schedule. The director may require the submission of additional information and supporting documentation with the application. After receiving an environmental review application, the director or environmental review coordinator shall determine whether to require preparation of an environmental impact report (EIR). In order to make this determination, the director or environmental review coordinator shall prepare, or cause to be prepared, an initial study.
D. 
Initial Study. 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. An initial study is not required to include the same level of detail as an EIR.
1. 
If the director determines, after preliminary review, that the project, due to its design, size, nature, or location, will clearly have a significant impact on the environment and requires preparation of an EIR, an initial study is not required but may be prepared to assist identification of environmental issues.
2. 
An initial study shall include:
a. 
A brief description of the project including its specific location;
b. 
A brief description of the environmental setting;
c. 
A checklist, matrix, or other listing of the project's environmental effects with discussion and documentation to support the entries;
d. 
Discussion of ways to mitigate any potential significant effects;
e. 
Information on the project's consistency with existing zoning, plans, or other applicable regulations; and
f. 
List of resources cited and consulted.
3. 
Following completion of the initial study, the director or environmental review coordinator 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 director or environmental review coordinator 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 a mitigated negative declaration or an environmental impact report shall be prepared, as determined by the director or environmental review coordinator.
E. 
Determination of Environmental Significance. Based on the initial study, the director or environmental review coordinator shall make one of the following findings:
1. 
There is no substantial evidence that the project will have a significant impact on the environment, and a negative declaration will be prepared;
2. 
The project has been modified to avoid potential environmental impacts or to mitigate such impacts to a level of insignificance and a mitigated negative declaration will be prepared; or
3. 
The proposed project will have, or may have, significant impact(s) on the environment and an environmental impact report will be required.
F. 
Public Notice of Environmental Determination. If the director or environmental review coordinator has determined that the proposed project will not have a significant effect on the environment, he or she 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 director or environmental review coordinator shall prepare a mitigated negative declaration for public review. The director or environmental review coordinator shall provide public notice of the proposed environmental determination at the same time and in the same manner required for the underlying permit in accordance with Chapter 5.10: General Procedures.
The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide comments on the draft negative declaration or mitigated negative declaration and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the draft negative declaration or mitigated negative declaration and accompanying discretionary land use entitlement applications.
G. 
Preparation of Negative Declaration. The city or its consultant will prepare the draft negative declaration or draft mitigated negative declaration in conformance with the requirements of CEQA and applicable guidelines. The applicant shall execute a reimbursement agreement requiring that applicant pay all costs associated with preparing the negative declaration or mitigated negative declaration, including administrative costs and the fees and expenses of attorneys and consultants.
H. 
Public Notice of Environmental Determination. The director or environmental review coordinator shall provide public notice of the proposed environmental determination for a period of at least 30 days.
I. 
Preparation of a Draft EIR. If it is determined that an environmental impact report (EIR) is required, the director or environmental review coordinator 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 notice shall inform interested parties that an EIR is being prepared and seek guidance as to which significant environmental issues and mitigation measures should be explored. Any person 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 on the appeal shall be final. The city will prepare the draft EIR with its own staff or by contract with a consultant in conformance with the requirements of CEQA and applicable guidelines. The applicant shall execute a reimbursement agreement requiring that applicant pay all costs associated with preparing the EIR, including administrative costs and the fees and expenses of attorneys and consultants.
J. 
Public Review of Draft EIR. Following completion of a draft EIR, the director or environmental review coordinator 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 director or environmental review coordinator 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 department of development services and the office of the city clerk during regular office hours and at each public library within the city. The city may impose a charge for copies of the draft EIR in accordance with the adopted master fee schedule.
The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide board comments on the draft EIR and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the draft EIR and accompanying discretionary land use entitlement applications.
K. 
Final EIR. After the public review period has expired, the city or its consultant will prepare a final EIR for certification by the highest decision-making body 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. Prior to any city official or body responsible for taking action on a project for which an initial study or EIR has been prepared considers such matter, the matter shall be scheduled for consideration and recommendation by the Environmental Quality Control Board as to the adequacy of the subject environmental review document in accordance with the provisions of CEQA and state CEQA guidelines.
L. 
Responsibility for Action on Environmental Document. Any city official or body responsible for taking action on a project for which an initial study or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is accepted, 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 or at the time the project is considered for approval. The decisionmaking entity may decline to approve or certify the environmental document and request further review or analysis if, in its independent 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 CEQA guidelines. The decision-making entity shall also certify that the environmental document reflects the independent judgment of the body. Certification of a final EIR does not imply that the city endorses the proposed project or that the city will approve the necessary permit applications.
M. 
Timing of Environmental Review. 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 Title 1: General Provisions, Section 1.20.005: Administrative Review.
1. 
Within 60 days of the date the city has determined the project exempt from environmental review;
2. 
Within 60 days of the date the negative declaration or mitigated negative declaration has been completed and adopted for project approval;
3. 
Within 180 days from the date the decision-making entity certifies the final EIR.
(Ord. 1598)
A. 
Program Contents. The city shall approve a mitigation monitoring and reporting program for all projects that it approves with a mitigated negative declaration or following certification of a final EIR. The purpose of the mitigation monitoring program is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project. The mitigation monitoring and reporting program shall consist of the following:
1. 
Mitigation Implementation Plan. A plan, prepared by the director or a contracted consultant, for city approval, which outlines in detail the manner in which mitigation measures will be implemented during preconstruction, construction and post-construction phases of the project;
2. 
Compliance Schedule. A schedule, prepared by the director or a contracted consultant, for city approval, indicating the phase of the project (preconstruction, construction or postconstruction) in which mitigation measures will be implemented;
3. 
Compliance Reports. Reports submitted by the applicant or a contracted consultant to the city, specifying how and when each mitigation measure was implemented; and
4. 
Verification Report(s). Report(s) made by the city or a contracted consultant, pursuant to an inspection of the project to determine if the applicant has properly and timely implemented mitigation measures identified in the environmental document for the project as set forth in the mitigation implementation plan and compliance schedule.
B. 
Submittal and Approval. The director, or a contracted consultant, shall prepare and submit a draft mitigation implementation plan in a format specified by the city, which shall be included in the public review draft environmental review document. The director shall review the mitigation implementation plan and compliance schedule for consistency with the approved environmental document and shall identify the city official or agency that will be responsible for ensuring that the mitigation measure is implemented. The applicant shall pay fees to the city in an amount not exceeding the reasonable cost for monitoring compliance with the mitigation plan.
C. 
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 code.
D. 
Modification of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this zoning code 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. 1598)
Notwithstanding other provision of this zoning code, any person may appeal the following environmental determinations to city council by filing a written appeal with the city clerk in accordance with Title 1: General Provisions, Section 1.20.005: Administrative Review within 10 days of the date of action or notice of determination unless said action or notice of determination was taken by the city council.
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 environmental impact report.
(Ord. 1598)