The purpose of this article is to implement the California Environmental Quality Act (CEQA) of the State of California. In particular, this article is intended to meet the requirements for public agency implementing procedures established in Section 15022 of the CEQA Guidelines.
(Ord. 2167 § 2, 2005)
(a) 
This article incorporates by reference and adopts the objectives, criteria and procedures for environmental review contained in the CEQA and the CEQA Guidelines, as they are now and as they may subsequently be amended.
(b) 
This article is intended solely to implement the provisions of CEQA and the CEQA Guidelines. To the extent there is any conflict between this article and CEQA or the CEQA Guidelines, the provisions of CEQA and the CEQA Guidelines shall prevail.
(Ord. 2167 § 2, 2005)
Words used in this article shall have the meaning given them in Section 40.01.020, unless otherwise defined. These definitions are intended to clarify but not replace or negate the definitions used in CEQA, the CEQA Guidelines or other definitions used in the City of Davis Municipal Code.
"CEQA"
means Division 13 of the California Public Resources Code, commencing at Section 21000, as amended from time to time.
"CEQA Guidelines"
means the California Code of Regulations, Title 14, Chapter 3, commencing at Section 15000, as amended from time to time.
(Ord. 2167 § 2, 2005)
The environmental coordinator for the City of Davis shall be the community development and sustainability director. Subject to appeal to the applicable decision-making body, the environmental coordinator shall be responsible for carrying out the following functions in implementing and administering these regulations:
(a) 
Interpretation of these regulations and determination of substantial conformance therewith;
(b) 
Determining whether an application is complete, for environmental purposes;
(c) 
Recommending an environmental determination;
(d) 
Making de minimis determinations;
(e) 
Such other functions as may be reasonably required in order to administer these regulations.
(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)
(a) 
When the city plans to carry out a nonexempt public project, the responsible department will participate in the environmental review process in a manner similar to that for private project applicants. All environmental documentation shall be prepared by the responsible department (or under the direction of that department), in coordination with the environmental coordinator. This coordination is intended to ensure consistency between the processing of private projects and the processing of public projects.
(b) 
Public projects are not generally subject to mandatory time frames for processing.
(Ord. 2167 § 2, 2005)
(a) 
When a private project is subject to discretionary review by the city, the applicant shall complete an environmental information form and any other required information and submit them to the community development and sustainability department.
(b) 
The city encourages early consultation when prudent and feasible. Upon the request of an applicant and prior to filing of an application, the city shall provide for consultation regarding project entitlements, potential alternatives, mitigation measures, and potentially significant effects on the environment. Fees for such early consultation shall be as prescribed by the city council.
(c) 
All costs for the preparation and administration of environmental review for private projects shall be paid by the project applicant.
(Ord. 2167 § 2, 2005)
The City of Davis will follow the provisions in CEQA and the CEQA Guidelines for projects where the city is a responsible agency. As appropriate the environmental coordinator shall prepare comments and may solicit comments from other city departments on projects where the city is a responsible agency. As appropriate, the environmental coordinator may present draft comments to the planning commission or the city council for review and approval.
(Ord. 2167 § 2, 2005)
(a) 
If the environmental coordinator believes that a project may have an adverse or beneficial impact on the city, but the city is not a responsible agency, the environmental coordinator may request notice of the project's environmental review and the environmental documents for the purpose of providing comments and/or concerns related to the project. The environmental coordinator may prepare comments on environmental documents submitted to the city for review and on those projects where the environmental coordinator or a city department has reason to believe that the project may have an impact on the city. The environmental coordinator may refer the documents to other departments, the planning commission, or the city council as appropriate.
(b) 
If a city department believes that a project may have an adverse or beneficial impact on the city and would like to receive the environmental documents and/or participate in the environmental review of the project, the department shall notify the environmental coordinator of its interest or concern about the project, and the environmental coordinator may assist the department in providing comments on the project.
(Ord. 2167 § 2, 2005)
(a) 
In addition to those projects specifically enumerated as statutory or categorical exemptions from CEQA, the following projects are exempt from the other provisions of this article under the procedures enumerated below:
(1) 
Non-projects. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA or the provisions of this article.
(2) 
Ministerial projects. The following activities are determined to be ministerial projects exempt from the provisions of CEQA and this article:
(A) 
Building permits issued in accordance with Chapter 8 of this Code;
(B) 
Demolition permits issued in accordance with Chapter 8 of this Code, but not for any structure that has been designated an historical resource in accordance with Article 40.23 of Chapter 40;
(C) 
Grading permits issued in accordance with Article 8.18 of Chapter 8 of this Code;
(D) 
Final maps approved in accordance with Chapter 36 of this Code;
(E) 
Certificates of compliance issued in accordance with Chapter 36 of this Code;
(F) 
Second units on residential properties approved in accordance with Article 40.26 of this Code;
(G) 
Resale permits issued in accordance with Chapter 8 of this Code;
(H) 
Business licenses in accordance with Chapter 19 of this Code;
(I) 
Approval of individual utility services connections and disconnections.
(Ord. 2167 § 2, 2005)
(a) 
Preliminary determination of whether a project is exempt shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties. This preliminary determination does not constitute a determination in accordance with the Permit Streamlining Act, Section 65950(a)(4) of the Government Code.
(b) 
Final determination of whether a project is exempt shall be made by the community development and sustainability director, planning commission, city council, or other body taking action on the project. The final determination shall start the timeline for final action on the project in accordance with Government Code Section 65950 (Article 5 of the Permit Streamlining Act).
(c) 
A determination that a project is exempt may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.
(d) 
The environmental coordinator shall determine whether to file a notice of exemption for a project that is approved. Any costs of filing shall be paid by the applicant for a private project.
(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)
(a) 
Preliminary determination of whether a negative declaration shall be issued for a project shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties.
(b) 
Final determination of whether a negative declaration shall be issued for a project shall be made by the community development and sustainability director, planning commission, city council, or other body taking action on the project. The final determination shall start the timeline for final action on the project in accordance with Government Code Section 65950 (Article 5 of the Permit Streamlining Act).
(c) 
Notice of a proposed negative declaration shall be provided in accordance with the provisions of CEQA. Notice of a proposed negative declaration may be combined with notice of a public hearing on the project.
(d) 
A determination on a negative declaration may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.
(e) 
The failure of any person or entity to receive notice shall not constitute grounds to invalidate the action on a negative declaration.
(f) 
The environmental coordinator shall file a notice of determination and any de minimus filing for a project that is approved with a negative declaration. Any costs of filing shall be paid by the applicant for a private project.
(Ord. 2167 § 2, 2005; Ord. 2390 § 2, 2012)
(a) 
Preliminary determination of whether an environmental impact report is required for a project shall be made by the environmental coordinator, based upon the environmental information form and any other information provided by the applicant or other parties.
(b) 
Early consultation and public review during the scoping process for an EIR are encouraged, particularly for projects which generate a great deal of public interest.
(c) 
Notice of a proposed environmental impact report (EIR) shall be provided in accordance with the provisions of CEQA. Notice of a proposed environmental impact report may be combined with notice of a public hearing on the project.
(d) 
The environmental coordinator shall determine whether a proposed project is of statewide, regional, or area wide significance.
(e) 
Prior to the issuance of any document as a draft or final EIR, administrative review shall occur at the staff level. The city staff shall review the document for approach, substance, accuracy, objectivity, contract compliance, errors or omissions, conformity to regulatory requirements, and to ensure that the draft document ultimately circulated for public and agency review reflects the independent judgment of the city as required by PRC Section 21082. Administrative draft documents are to be retained by the city for the limited time necessary to accomplish the review described above. At the end of that period, the administrative copies are to be returned to the consultant for final editing, or discarded. No administrative draft documents are to be kept in the project files. Administrative draft documents are not a part of the record of proceedings, and are not considered a "public document" for the purposes of the Public Records Act or CEQA.
(f) 
A determination on an environmental impact report may be appealed in accordance with the provisions of Article 40.35 of this Code. An appeal on an action to approve or disapprove a project shall be an appeal of the environmental determination.
(g) 
The failure of any person or entity to receive notice shall not constitute grounds to invalidate the action on an environmental impact report.
(h) 
The environmental coordinator shall file a notice of determination for a project that is approved with an environmental impact report. Any costs of filing shall be paid by the applicant for a private project.
(Ord. 2167 § 2, 2005)
In addition to the notices and public review copies that may be required under CEQA and the CEQA Guidelines, the environmental coordinator may provide copies of notices and environmental documents to the public libraries in the city, and the UC Davis library. In addition, a public review copy of notices and environmental documents may be made available at the city community development and sustainability department. The environmental coordinator may provide additional notices or public review copies as the coordinator determines appropriate for any particular project.
(Ord. 2167 § 2, 2005)