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.
The State CEQA Guidelines [Title 14, Division 6, Chapter 3 of the California Code of Regulations], including all sections thereof and appendices thereto, as amended from time to time, are adopted by reference as the environmental review regulations of the City.
B.
Reference
to this chapter in any City Code, an uncodified ordinance, or resolution
includes reference to the State CEQA Guidelines.
(Ord. 5965, 2020)
A.
The
provisions of this chapter are intended to and will be construed as
consistent with the California Environmental Quality Act ("CEQA")
[Division 13 of the California Public Resources Code commencing with
Section 21000] and the State CEQA Guidelines. If a provision of this
chapter cannot be construed as consistent with CEQA or the State CEQA
Guidelines, the provisions of CEQA or the State CEQA Guidelines will
prevail to the extent of the inconsistency.
B.
Words,
acronyms, and phrases used in this chapter and defined in CEQA or
the CEQA Guidelines have the meaning defined in CEQA or the State
CEQA Guidelines.
C.
As
used in this chapter, reference to this Code means reference to the
Santa Barbara Municipal Code.
D.
As
used in this chapter, the term Designated Department Head means:
1.
The Public Works Director for all activities relating to the construction,
operation, maintenance, repair, replacement, alteration, encroachment,
or expansion of a City building, street, bridge, bikeway, sidewalk,
paseo, plaza, right-of-way, parking lot or structure, or water, sewer,
or drainage facility, structure or operation;
2.
The Airport Director for all activities relating to the construction,
operation, maintenance, repair, replacement, alteration, or use of
the Santa Barbara Airport or airport facilities or property;
3.
The Waterfront Director for all activities relating to the construction,
operation, maintenance, repair, replacement, alteration, or use by
of the Santa Barbara Harbor, harbor facilities, Stearns Wharf, and
tidelands held by the City in trust;
4.
The Parks and Recreation Director for all activities relating to
the construction, operation, maintenance, repair, replacement, alteration,
or use of a City park.
E.
Reference
in this chapter to Community Development Director or Designated Department
Head includes reference to any person to whom the Director or Department
Head has delegated responsibility to implement the provisions of this
chapter.
F.
The
Community Development Director and Designated Department Heads may
delegate responsibility under this chapter to department employees
and other persons under supervision of the Director or Department
Head; provided, however, that ultimate responsibility for performance
of delegated functions remains with the Director or Department Head.
Nothing in this chapter precludes the Community Development Director
from performing responsibilities of a Designated Department Head under
this chapter upon request of the Department Head.
(Ord. 5965, 2020)
A.
This
chapter applies to all projects undertaken by the City or subject
to discretionary approval of the City except:
1.
Any activity that is not a project as defined in CEQA or other State
statute, or that will not result in a direct or reasonably foreseeable
indirect physical change in the environment;
2.
Activities that are statutorily exempted from CEQA by its own terms
or by other State statute;
3.
Projects that meet the criteria of a categorical exemption.
4.
Activities covered by the common sense exemption because it can be
seen with certainty that there is no possibility the activity may
have a significant effect on the environment.
5.
Administrative or operational activities of the City, such as the
adoption or amendment of a budget, appropriation of funds for operations
and maintenance, purchase and use of supplies and equipment, use and
operation of existing facilities, personnel-related actions, general
policy and procedure making, and other activities necessary or convenient
to the routine conduct of City business.
B.
Inclusion
of a project in the Capital Improvement Program Budget for planning
and environmental review purposes shall not be construed as an irrevocable
commitment to the project or its implementation. A project shall be
subject to revision or deletion from the Capital Improvement Program
as necessary to comply with CEQA and this chapter. A project that
is subject to CEQA and identified in the Capital Improvement Program
Budget shall not be deemed approved until after completion of applicable
environmental review. No appropriation in a budget for a capital project
that provides new or expanded service shall be spent for activities
other than exempt planning, feasibility, environmental review, and
other similar purposes until the City certifies or adopts the environmental
review document for the project pursuant to this chapter.
(Ord. 5965, 2020)
A.
Whenever
a person or entity other than the City submits an application for
a discretionary permit, entitlement, or authorization of the City,
the person or entity shall also submit preliminary environmental information
as required by the Community Development Director or Designated Department
Head having responsibility for the matter. After a preliminary review
of the application and preliminary environmental information, the
Community Development Director or Designated Department Head may determine
that the project is subject to a statutory or categorical exemption
or may require the person or entity to submit a completed draft Environmental
Checklist Form (State Guidelines Appendix G) or similar form required
by the Director or Department Head and, if necessary, require additional
information sufficient to make a preliminary determination of the
environmental effects of the project.
B.
The
Community Development Director or the appropriate Designated Department
Head will prepare, or cause the applicant to prepare, an initial study
if a project is not determined to be subject to an exemption based
on the preliminary environmental information. The Community Development
Director or Designated Department Head may determine that the project
is subject to a statutory or categorical exemption based on the initial
study. If a project is not determined to be exempt based on the initial
study, then an application and initial study initially submitted to
the Public Works, Parks and Recreation, Waterfront, or Airport Departments
will be referred to the Community Development Department for further
processing under this chapter.
C.
Based
on an initial study, when a project is not subject to a categorical
or statutory exemption, the Community Development Director will determine:
1.
Whether the project is consistent with the development density established
by existing zoning, community plan, or general plan policies for which
an environmental impact report was certified and does not require
additional environmental review, except as might be necessary to examine
whether there are project-specific significant effects which are peculiar
to the project or its site as provided in State CEQA Guidelines Section
15183; or
2.
To prepare an environmental impact report, a negative declaration,
or mitigated negative declaration, or reaffirm a previously certified
environmental impact report, adopted negative declaration, or adopted
mitigated negative declaration.
F.
The
applicant is responsible for all of the City's cost of the environmental
review for the project. The applicant must pay a fee in the amount
established by City Council resolution when the application for a
project is submitted and prior to processing of environmental documents
as required by the fee resolution. In lieu of payment of a fee, the
City may require the applicant to deposit the estimated cost of preparing
a negative declaration, mitigated negative declaration, draft or final
environmental impact report, or other environmental document. An application
will not be deemed complete until the fee is paid. An applicant may
be required to increase the amount of a deposit as necessary to process
the environmental review of a project. The City may contract for the
preparation of negative declarations, mitigated negative declarations,
draft or final environmental impact reports, or other environmental
documents.
G.
The
City may authorize or require an applicant to submit environmental
information in the form of a draft negative declaration, draft mitigated
negative declaration, draft environmental impact report, or other
environmental document, provided, however, that the City retains full
discretion and authority to approve, conditionally approve, deny,
certify, or refuse to certify any submittal. Approval, conditional
approval, adoption, or certification of any negative declaration,
mitigation negative declaration, environmental impact report, or other
environmental document will be based on the City's independent review
and judgment of any submittal.
(Ord. 5965, 2020)
A.
An
Environmental Information Form (State Guidelines Appendix H) or similar
document will be prepared for City projects. After a preliminary review
of the form, the Community Development Director or the appropriate
Designated Department Head may determine that the project is subject
to a statutory or categorical exemption or may require completion
of an Environmental Checklist Form (State Guidelines Appendix G) or
similar document before making the determination.
B.
The
Community Development Director or the appropriate Designated Department
Head will prepare an initial study if a project is not determined
to be subject to an exemption based on a completed draft environmental
checklist. The Community Development Director or Designated Department
Head may determine that the project is subject to a statutory or categorical
exemption based on the initial study.
C.
If
a project is not subject to a categorical or statutory exemption,
the Community Development Director, in consultation with the Designated
Department Head, will determine whether to prepare an environmental
impact report, a negative declaration, or mitigated negative declaration,
or reaffirm a previously certified environmental impact report or
adopted negative declaration, or adopted mitigated negative declaration.
A proposed negative declaration, proposed mitigated negative declaration,
or draft environmental impact report may be prepared by a Designated
Department Head, or by the Community Development Director upon request
of the Designated Department Head.
D.
The
Community Development Director and Designated Department Heads are
directed to coordinate and cooperate in the performance of their delegated
responsibilities under this chapter.
(Ord. 5965, 2020)
A.
This
section identifies common activities that the City considers not subject
to CEQA because the activity is ministerial or subject to a statutory
or categorical exemption. Nothing in this section precludes a determination,
on a case-by-case basis, that an activity listed as ministerial is
discretionary under the circumstances, that an activity not listed
is exempt from CEQA, or that a listed activity is subject to this
chapter because of application of an exception to a statutory or categorical
exemption.
B.
Ministerial
activities (State CEQA Guidelines Section 15268) include:
1.
Issuance of building permits for projects that have received all
discretionary approvals or for which no discretionary approvals are
required under this Code.
2.
Administration of business license taxes and issuance of business
licenses and other permits pursuant to Title 5 of this Code.
3.
Approval of final subdivision maps and final parcel maps.
4.
Utility service connection and disconnection pursuant to Title 14
of this Code.
5.
Approval of landscape installation or modification consistent with
the City's landscape conservation guidelines, unless discretionary
approval of landscape modifications is expressly required by this
Code.
6.
Approval of replacement of irrigated lawn with artificial turf.
7.
Encroachment permits for installation of gas, electric, telecommunications
facilities or equipment pursuant to a franchise or State statute or
regulation.
8.
Issuance of certificates of compliance or conditional certificates
of compliance pursuant to Title 27 of this Code.
9.
Recordation of a notice of violation pursuant to Title 27 of this
Code.
10.
Issuance of coastal exclusions or exemptions pursuant to Title 28
of this Code.
11.
Administrative approval of design review applications.
12.
Substantial conformance determinations under Section 30.205.130 of this Code.
13.
Performance of brush clearing and weed abatement pursuant to orders
of City, State, or Federal fire officials or regulatory agencies.
14.
Issuance of temporary use permits for parades, rallies, and similar
first amendment activities, including temporary closure of streets
for such activities.
C.
This
subdivision lists common City activities falling within certain classes
of categorical exemptions. Listing of an activity does not limit application
of any exception to an exemption under CEQA or the State CEQA Guidelines
if there is substantial evidence that a particular activity is subject
to an exception. This subsection does not preclude application of
an exemption class not listed or otherwise limit application of an
exemption under CEQA or the State CEQA Guidelines.
1.
Class 1: Existing Facilities (State CEQA Guidelines Section 15301).
a.
Installation or removal of traffic signals, speed humps and bumps,
traffic control signs, lane striping, parking restrictions, and similar
traffic control devices, and establishment of speed limits pursuant
to Title 10 of this Code.
b.
Installation of curbs, gutters, sidewalks within existing right-of-way.
c.
Alteration of existing sidewalks, curbs, gutters, medians, pathways,
and streets for purpose of facilitating access for persons with disabilities.
d.
Airport repair and maintenance projects, including runway or taxiway
overlay, interconnect, or minor extension projects.
e.
Waterfront repair and maintenance projects, including harbor facilities,
Stearns Wharf, and Waterfront parking lots.
f.
Addition of outdoor eating facilities involving minor expansion of
the indoor eating facility occupant load.
g.
Minor changes to zoo exhibits.
h.
Minor interior and exterior repairs and alterations to historic resources
unless there is substantial evidence that the project will cause a
substantial adverse change in the significance of the historical resource.
Changes to existing sidewalks, curbs, medians, and streets to facilitate
access for persons with disabilities in accordance with standards
established by State or Federal statute, regulation, or guideline
generally will not be considered changes in the significance of an
historical resource.
i.
Restoration of historic resources subject to acceptance of a Phase
2 Historic Resources Study by the Community Development Director or
Historic Landmarks Commission, as appropriate under this Code, and
incorporation of the study recommendations into the project description.
j.
Leases, subleases, and lease renewals for existing facilities where
no change in use is proposed, including the continuance of a nonconforming
use in conformance with this Code.
k.
Driveways, retaining walls, trellises, and trash enclosures on land
with a slope of 20% or less.
l.
Installation of additional recreation equipment or features within
existing playgrounds or active recreation areas of existing parks
or recreational facilities.
m.
Operation, repair and maintenance of the existing pipelines, pumps,
tanks, reservoirs, vents, valves, vaults, rights-of-way, channels,
and appurtenant facilities comprising the City's water, sewer, and
storm water drainage systems, includes, without limitation, clearing,
trimming, or removing vegetation to maintain system function.
n.
Draining pipelines or other structures at existing vent or drain
locations for purposes of inspection, repair or maintenance, provided
the drainage is regulated in a manner reasonably calculated to avoid
damage to adjoining property and discharge into a watercourse complies
with the Clean Water Act or other applicable law governing water quality.
o.
Implementation of programs and installation of devices, equipment,
fences, or gates for the security of City buildings, facilities, and
land.
p.
Issuance of permits for maintenance, pruning, trimming, or replacing
of existing street trees or the performance of maintenance, pruning,
trimming or replacement work by the City.
q.
Installation of electrical storage batteries within an existing building.
2.
Class 2: Replacement or Reconstruction (State CEQA Guidelines Section
15302).
a.
Replacement or reconstruction of existing private and public buildings
with a new building of substantially the same design, size, purpose,
capacity, and location.
b.
Replacement or reconstruction of historic resources damaged or destroyed
by a fire, earthquake or other calamity with a new structure of substantially
the same design, size, purpose, materials, and construction, provided
that the Community Development Director or Historic Landmarks Commission,
as appropriate under this Code, has determined that the replacement
or reconstruction will preserve the historical significance of the
historical resource.
3.
Class 3: Construction, Installation or Conversion of Small Structures,
Equipment or Facilities (State CEQA Guidelines Section 15303).
a.
Issuance of minor encroachment permits or joint use agreements for
activity that qualifies as construction, installation or conversion
of small structures, equipment or facilities.
b.
Accessory Dwelling Units and Additional Residential Units.
c.
Installation and alterations of facilities necessary to comply with
State or Federal accessibility laws as determined by a Certified Access
Specialist.
d.
New construction or conversion of small structures consisting of
3,000 square feet or less and not involving the use of significant
amounts of hazardous substances.
e.
New leases, subleases, and lease renewals for existing facilities
consisting of 3,000 square feet or less where a change of use is proposed
and the new use is in substantial conformance with all applicable
provisions of this Code.
f.
Emergency generator equipment and associated facilities in small
structures to serve existing uses on a parcel.
g.
Driveways, retaining walls, trellises, and trash enclosures on land
with a slope less than 20%.
h.
Conversion of existing nonresidential space to residential dwelling
space in connection with any commercial use if the total number of
dwelling units does not exceed six.
i.
Installation or removal of permanent or temporary public and marina
restroom facilities.
j.
Installation or removal of bicycle racks, benches, waste receptacles,
kiosks, and similar facilities or equipment within existing sidewalks,
streets, or other public places.
4.
Class 4: Minor Alterations to Land (State CEQA Guidelines Section
15304).
a.
Minor temporary use of property zoned for commercial or industrial
use having negligible or no permanent effects on the environment,
including seasonal sales and Certified Farmers' Markets.
b.
Harbor maintenance dredging activities where the spoil is deposited
in a spoil area authorized by applicable State and Federal regulatory
agencies.
c.
Minor alterations or expansion of breakwaters, seawalls, sidewalks,
or other harbor protection facilities of less than 500 square feet
and above mean low water line.
d.
Construction of trails and paths that follow the existing topography,
do not require substantial amounts of grading, and do not involve
removal of biologically sensitive plant or mature, scenic trees.
e.
Minor grading to establish access roads over land with a slope of
less than 10%, except in waterways, wetlands or designated scenic
or geologic hazard areas.
f.
Approval of encroachment permits, use agreements, licenses, easements,
or other permissions for activity that qualifies as minor alteration
to land.
g.
Temporary use of land for discharge of potable or raw water from
pipelines and facilities provided erosion is controlled and the discharge
into a watercourse complies with the Clean Water Act or other applicable
laws governing water quality.
h.
New gardening or landscaping, including the replacement of existing
conventional landscaping with water efficient landscaping.
i.
Closure or use of City streets, parking lots, paseos, plazas and
other publicly owned areas for temporary or periodic events such as
certified, farmers' markets, Old Spanish Days Fiesta, and similar
civic activities.
j.
Issuance of permits to shared mobility operators, including permits
for the location and operation of docking facilities on public streets
or parking lots.
5.
Class 5: Minor Alterations in Land Use Limitations (State CEQA Guidelines
Section 15305).
a.
Vacation of roads or public service easements pursuant to the California
Streets and Highways Code.
b.
Minor lot line adjustments where the developable area of each resulting
lot has an average slope of 20% or less.
c.
Adoption or amendment of land use or development ordinances, regulations,
standards, or guidelines that substantially maintain existing land
use intensity or density.
d.
Minor general plan, coastal land use plan, or zoning map amendments
that do not significantly change planned uses in an area.
f.
Phasing of existing approved projects into separate development phases.
g.
Extension of time limits on approved projects where circumstances
have not changed.
6.
Class 6: Information Collection (State CEQA Guidelines Section 15306).
a.
Geologic sampling, boring, surveying and other similar exploratory
or testing activities for purposes of feasibility, planning or design
studies where the property is restored to its preexisting condition
as near as reasonably feasible under the circumstances.
b.
Materials testing, sediment and water quality sampling, monitoring,
and similar information gathering activities for planning or compliance
purposes.
c.
Issuance of permits for access to the Goleta Slough or other Airport
property for scientific, educational, or cultural purposes.
7.
Class 7: Actions by the City for Protection of Natural Resources
(State CEQA Guidelines Section 15307).
a.
Adoption or amendment of ordinances or regulations to assure the
maintenance, restoration, preservation, or enhancement of creeks and
natural open space.
b.
Implementation of maintenance, restoration, preservation, or enhancement
programs that do not involve new construction, but may involve removal
of rocks, debris, vegetation, or other materials to reduce risk of
floods, erosion, or fire, or improve habitat value.
8.
Class 8: Actions by the City for the Protection of the Environment
(State CEQA Guidelines Section 15308).
a.
Adoption or amendment of ordinances, regulations, guidelines, or
standards to prevent or reduce the degradation of air resources, water
resources, land resources, mineral resources, biotic (flora and fauna)
resources, cultural resources, aesthetic resources, and ambient noise.
b.
Designation of historic resources including structures, sites, and
objects pursuant to existing ordinance and regulations.
9.
Class 11: Accessory Structures (State CEQA Guidelines Section 15311).
a.
Trash enclosures, fences, walls, driveways, and trellises accessory
to existing commercial, industrial, or institutional uses on a parcel
with an average slope of 20% or less.
b.
Installation of facilities and structures for generation of solar
energy on existing buildings or parking areas provided the installation
does not result in elimination of required parking spaces.
c.
Installation of airport lighting, fencing and security facilities,
noise and environmental monitoring systems including weather systems
and facilities, mechanical and electrical equipment and other facilities
which are accessory to the use of existing or approved airport structures,
facilities, operations, or uses.
(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.
Projects
subject to design review under this Code, but not subject to some
other form of discretionary land use approval, are generally exempt
from this chapter pursuant to one or more of the categorical exemptions
or are subject to State CEQA Guidelines Section 15183.
B.
When
a project requires a discretionary land use approval in addition to
design review under this Code, the concept review by the Community
Development Director, Historic Landmark Commission or Architectural
Board of Review, or other design review body are considered part of
the initial study, unless an initial study is not required because
the project qualifies for a statutory or categorical exemption.
(Ord. 5965, 2020)
A.
The
Master Environmental Assessment, as updated, applies to determinations
made under this chapter unless there is substantial evidence that
application of the Master Environmental Assessment in a particular
circumstance would result in a violation of CEQA or could have a reasonably
foreseeable adverse environmental impact with respect to a particular
project due to a material change in circumstances.
B.
The
Guidelines for Archaeological Resources and Historic Structures and
Sites, as updated, apply to determinations made under this chapter
unless application of the guidelines would result in a violation of
CEQA with respect to a particular determination or project.
(Ord. 5965, 2020)
A.
The
Community Development Director may schedule a public hearing by the
Planning Commission as part of the public review process for proposed
negative declarations and mitigated negative declarations. The Planning
Commission will conduct the public hearing during the period for public
review required by Section 15073 of the State CEQA Guidelines. When
a project is within the responsibility of a Designated Department
Head, the Community Development Director will consult with the appropriate
Designated Department Head before scheduling the public hearing.
B.
Notice
of the public hearing will be given not less than 10 days before the
date of the hearing as follows:
1.
Mailing to the last known address of organizations and individuals
who have previously requested such notice in writing. Organizations
and individuals may request notice by filing a request with the Community
Development Director. Requests will be valid for a period of two years.
2.
Publication at least one time in a newspaper of general circulation
in the City.
3.
Mailing by first class mail, postage prepaid, to the owners and occupants
of property within 300 feet of the proposed project, or as specified
by Title 27, 28, 29, or 30 for mailing of public hearing notices for
the discretionary permit or approval applicable to the project. Ownership
will be determined using the latest equalized assessment roll.
C.
Published
notice is complete on the date of publication. Mailed notice is complete
on the date of mailing.
D.
In
addition, the Community Development Director is directed to make a
copy of the proposed negative declaration or mitigated negative declaration
available in electronic format through the City's Internet website
during the public review period.
(Ord. 5965, 2020)
A.
If
final approval authority for a project, except for possibility of
appeal, has been delegated to the Planning Commission, Community Development
Director, or a Designated Department Head, then after the public review
period and public hearing, the Planning Commission, Community Development
Director, or Designated Department Head exercising the delegated authority
may:
1.
Adopt the proposed negative declaration or mitigated negative declaration
as presented;
2.
Conditionally adopt the proposed negative declaration including additional
or substitute mitigation measures:
3.
Order substantial revision and recirculation of the proposed negative
declaration or mitigated negative declaration; or
4.
Order preparation of an environmental impact report upon a determination
that the project may have a significant effect on the environment.
B.
Appeal
of a final decision regarding a project will be deemed to include
appeal of the determination regarding the negative declaration or
mitigated negative declaration for the project.
C.
When
final approval authority for a project is vested in the City Council,
or upon consideration of an appeal, the City Council may:
1.
Adopt the proposed negative declaration or mitigated negative declaration
as presented;
2.
Conditionally adopt the proposed negative declaration including additional
or substitute mitigation measures;
3.
Order substantial revision and recirculation of the proposed negative
declaration or mitigated negative declaration; or
4.
Order preparation of an environmental impact report upon a determination
that the project may have a significant effect on the environment.
(Ord. 5965, 2020)
A.
The
Planning Commission will hold a public hearing as part of the public
review process for all draft environmental impact reports. The public
hearing will be held during the period for public review required
by Section 15105 of the State CEQA Guidelines.
B.
Notice
of the public hearing will be given not less than 10 days before the
date of the hearing as follows:
1.
Mailing to the last known address of organizations and individuals
who have previously requested such notice in writing. Organizations
and individuals may request notice by filing a request with the Community
Development Director. Requests will be valid for a period of two years.
2.
Publication at least one time in a newspaper of general circulation
in the City.
3.
Mailing by first class mail, postage prepaid, to the owners and occupants
of property within 300 feet of the proposed project, or as specified
by Title 27, 28, 29, or 30 for mailing of public hearing notices for
the discretionary permit or approval applicable to the project. Ownership
will be determined using the latest equalized assessment roll.
C.
Published
notice is complete on the date of publication. Mailed notice is complete
on the date of mailing.
D.
In
addition, the Community Development Director is directed to make a
copy of the draft environmental impact report available in electronic
format through the City's Internet website during the public review
period.
(Ord. 5965, 2020)
A.
If
final approval authority for a project, except for possibility of
appeal, has been delegated to the Planning Commission, Community Development
Director, or a Designated Department Head, then after the public review
period, the Planning Commission may certify that a final environmental
impact report for prepared for a project has been completed in compliance
with CEQA and this chapter, make the determinations required by Sections
15091, 15092, and 15093 of the State CEQA Guidelines, and adopt mitigation
monitoring and reporting programs as required by Section 15097 of
the State CEQA Guidelines before taking final action to approve a
project.
B.
Appeal
of a final decision regarding a project will be deemed to include
appeal of the determination regarding the environmental impact report
for the project.
C.
When
final approval authority for a project is vested in the City Council,
or upon consideration of an appeal, then after the public review period,
the City Council may certify that a final environmental impact report
for prepared for a project has been completed in compliance with CEQA
and this chapter, make the determinations required by Sections 15091,
15092, and 15093 of the State CEQA Guidelines, and adopt mitigation
monitoring and reporting programs as required by Section 15097 of
the State CEQA Guidelines before taking final action to approve a
project. An additional public hearing is not required.
(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)
A.
The
Community Development Director has primary responsibility to administer
this chapter and exercise any power of the City necessary to implement
CEQA or this chapter that is not otherwise reserved to the City Council,
or delegated to the Planning Commission or a Designated Department
Head. The Community Development Director has responsibility to:
1.
Administer this chapter and perform such administrative, technical
and other work necessary for compliance with CEQA and this chapter,
including preparation and adoption of forms, checklists, and other
standard documents consistent with this chapter.
2.
Perform all preliminary reviews and initial studies, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
3.
Determine whether a project is exempt from the requirements of CEQA, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
4.
Adopt final negative declarations and final mitigated negative declarations
for projects for which the Community Development Director is the final
decision-making authority, except for the possibility of appeal.
5.
Conduct scoping meetings.
6.
Prepare, circulate, and schedule for hearing as appropriate proposed
negative declarations, proposed mitigated negative declarations, draft
environmental impact reports, and other documents necessary to comply
with CEQA or this chapter.
7.
Prepare final environmental documents, including preparation of proposed
findings regarding determinations under subsections D.1, 2, and 3
of this section.
8.
File notices of preparation, determination, exemption, or other notices
required or authorized by CEQA or this chapter.
9.
Schedule and notice public hearings when required by CEQA or this
chapter.
10.
Approve addenda to previously certified environmental impact reports, or adopted negative declarations or mitigated negative declarations, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
11.
Determine whether a previously certified or adopted environmental impact report, negative declaration, or mitigated negative declaration is sufficient to cover changes or modifications to a project or whether additional environmental review is required, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
12.
Execute agreements with public agencies determining the lead agency
for a project.
13.
Coordinate with lead agencies where the City will be a responsible
agency.
14.
Contract with qualified persons or entities for the conduct of investigations,
studies, tests, evaluations or other technical or scientific work
and for the preparation and processing of documents, including, without
limitation, initial studies, negative declarations, mitigated negative
declarations and environmental impact reports where the cost of the
contract will be paid by a project applicant other than the City or
from City funds subject to contract approval authority delegated to
the City Administrator.
B.
A
Designated Department Head has responsibility to:
1.
Perform preliminary reviews and initial studies regarding City activities
undertaken by the department or within the approval authority of the
Designated Department Head.
2.
Determine whether an activity of the department or within the approval
authority of the Designated Department Head is a project and if so
whether the project is exempt from the requirements of CEQA.
3.
Conduct scoping meetings when an environmental impact report for
a project will be undertaken by the department for which the Designated
Department Head has responsibility.
4.
At the request of the Community Development Director, prepare and
submit to the Community Development Department proposed negative declarations,
proposed mitigated negative declarations, draft environmental impact
reports, and other documents necessary to comply with CEQA or this
chapter for projects of the department for which the Designated Department
Head has responsibility.
5.
Adopt final negative declarations and final mitigated negative declarations
for projects for which the Designated Department Head is the final
decision-making authority, except for the possibility of appeal.
6.
Approve addenda to previously certified environmental impact reports,
or adopted negative declarations or mitigated negative declarations
for a project undertaken by the department for which the Designated
Department Head has responsibility.
7.
Contract with qualified persons or entities for the conduct of investigations,
studies, tests, evaluations or other technical or scientific work
and for the preparation and processing of documents, including, without
limitation, initial studies, negative declarations, mitigated negative
declarations and environmental impact reports subject to contract
approval authority delegated to the City Administrator.
8.
File notices of preparation, determination, exemption, or other notices
required or authorized by CEQA or this chapter for projects for which
the Designated Department Head has responsibility.
9.
Execute agreements with public agencies determining the lead agency
for a project undertaken by the department for which the Designated
Department Head has responsibility.
C.
The
Planning Commission has responsibility to:
1.
Exercise the responsibilities stated in subsections D.1, 2, 3, and
4 of this section for projects for which the Planning Commission is
the final decision-making authority under this Code, except for the
possibility of appeal.
2.
Make a recommendation to the city council regarding the matters stated
in subsections D.1, 2, and 3 for projects for which the Planning Commission
is an advisory body.
3.
Conduct public hearings during the public review period for proposed
negative declarations and mitigated negative declarations, and draft
environmental impact reports.
D.
Unless
final decision-making authority for a project has been delegated,
except for the possibility of appeal, pursuant to this Code or otherwise
by the City Council, the City Council has responsibility to:
1.
Certify that a final environmental impact report prepared for a project
has been completed in compliance with CEQA and this chapter and make
the determinations required by Sections 15091, 15092, and 15093 of
the State CEQA Guidelines before taking final action to approve a
project subject to this chapter.
2.
Adopt final negative declarations and final mitigated negative declarations
before taking action to approve a project for which an environmental
impact report is not required unless the project is otherwise exempt
from the requirements of CEQA and this chapter.
3.
Adopt mitigation monitoring and reporting programs as required by
Section 15097 of the State CEQA Guidelines.
4.
Approve a determination of exemption made by the Community Development
Director or a Designated Department Head before taking final action
to approve a project.
5.
Consider appeals of determinations of the Planning Commission, Community
Development Director, or a Designated Department Head.
(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)
A.
The
Community Development Director and Designated Department Heads are
directed to perform the responsibilities under this chapter in a timely
manner to prevent delay and within the time limits established by
CEQA or the State CEQA Guidelines.
B.
The
Community Development Director and Designated Department Heads may
agree on behalf of the City to extend time periods as provided in
CEQA and the State CEQA Guidelines within the scope of 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)
