This chapter implements the City's responsibilities under
Public Resources Code Section 21082 and
California Code of Regulations, Title
14, Section 15022 to adopt objectives, criteria and procedures for evaluation of projects and preparation of environmental impact reports and negative declarations pursuant to the California Environmental Quality Act (CEQA).
(Ord. 5965, 2020)
A determination of exemption by the Community Development Director or a Designated Department Head is final, subject to appeal to the City Council pursuant to Section
1.30.050 of this Code. When a project is subject to discretionary review by the City Council or Planning Commission, a determination of exemption by the Community Development Director or Designated Department Head is not final, but will be considered substantial evidence of the exemption. A record of a determination of exemption, including the reasons therefore, will be kept in the project files. A Designated Department Head will provide a copy of the record of determination of exemption to the Community Development Director within 10 days of the date of the determination.
(Ord. 5965, 2020)
A public hearing on a negative declaration, mitigated negative
declaration, environmental impact report or other environmental document
may be consolidated with any other public hearing held in regard to
the same project. When a hearing is consolidated, the notice required
for hearing on the environmental document will be given in the same
manner and at the same time as public notice otherwise required for
the hearing on the project. When a hearing is consolidated, the Planning
Commission or City Council must take action to approve or certify
the environmental document and must review and consider the information
contained in the environmental document before taking action on the
project.
(Ord. 5965, 2020)
The Community Development Director and Designated Department
Heads may establish supplemental administrative orders, policies,
or procedures to implement the provisions of this chapter applicable
to their respective responsibilities.
(Ord. 5965, 2020)
The Community Development Department is designated as the custodian
of City environmental review records, except for records of actions
within the delegated responsibility of Designated Department Head.
The Community Development Department is responsible for preparing
the record of proceedings of public hearings held pursuant to this
chapter. Designated Department Heads are designated as custodian of
City environmental review records for activities of the department
for which the Designated Department Head has responsibility.
(Ord. 5965, 2020)
The applicant is responsible and must indemnify the city for
any and all costs the city incurs in defending any action alleging
noncompliance with CEQA or this chapter, including all costs, expenses
and attorneys' fees resulting from any information submitted to the
City by the applicant, including, without limitation, any negative
declaration, mitigated negative declaration, draft or final environmental
impact report, or mitigation measure monitoring program.
(Ord. 5965, 2020)