[1]
Prior legislation: Code 1975 § 1323, Ords. 329 C.S., 76-14, 84-1, 86-3, 89-10, 92-19 and 94-4.
The purpose of this chapter is to provide the City of Carmel-by-the-Sea, project applicants, and the public with the procedures to be used in administering the City's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., as amended. The procedures are intended to protect and assure that citizens of the community contribute to the preservation and the enhancement of the environment.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The full text of the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq. is hereby incorporated by reference into this chapter as if fully set out herein and shall supersede any inconsistent provisions of these City environmental review procedures. Incorporation by reference shall include any revisions or amendments to CEQA or the State CEQA Guidelines and any and all definitions contained in CEQA and the State CEQA Guidelines. Incorporating CEQA and the State CEQA Guidelines by reference shall not limit the City in adopting additional implementing procedures in accordance with Section 15022 of said guidelines, or other ordinances deemed necessary for the protection of the environment.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
It shall be the responsibility of all departments of the City to coordinate with the Department of Community Planning and Building for environmental review of any project that may be subject to the provisions of the California Environmental Quality Act (CEQA). For the purposes of this chapter, the Department of Community Planning and Building shall hereinafter be referred to as the "Department." Coordination shall include early consultation with the Department to assure proper determination of exemptions and procedures.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
The Planning Commission shall be responsible for determining the adequacy of all negative declarations and environmental impact reports for all projects that are approved by the Planning Commission. The Planning Commission shall consider such documents at the same time that the corresponding project is considered.
B. 
For all projects approved by other decision-making bodies, the Planning Commission shall serve as an advisory body on the adequacy of all negative declarations and environmental impact reports. If the Planning Commission also serves as an advisory body for the approval of such projects, the environmental documents shall be considered at the same time that the corresponding project is considered, when feasible.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
If it is determined that a project is not exempt and is subject to CEQA, the Department shall determine within the time limits provided for in Article 8 of the CEQA Guidelines, whether the City intends to prepare an EIR or a negative declaration or use a previously prepared EIR or negative declaration, except as provided in Section 15111 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
All projects found not to be exempt from environmental review shall require an initial study pursuant to Article 5 of the CEQA Guidelines, to determine if the project may have a significant effect on the environment. If the Department can determine that an EIR will clearly be required for the project, an initial study is not required but may still be desirable.
A. 
The initial study report shall be prepared in accordance with Section 15063 of the CEQA Guidelines. Thresholds of significance shall be determined based on CEQA.
B. 
Upon completion of an initial study, an environmental determination shall be made by the Department. Decisions on environmental documents shall be based on the consideration of a completed environmental questionnaire, an environmental checklist and other information generated during the initial study and public review period.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
A negative declaration or a mitigated negative declaration shall be prepared if the Director determines based on the initial study that the conditions of Section 15070 of the CEQA Guidelines are met. A negative declaration circulated for public review shall be prepared in accordance with Section 15071, and circulated pursuant to Section 15072 of the CEQA Guidelines.
B. 
Public review of a draft negative declaration or mitigated negative declaration is required pursuant to Section 21091 of the Public Resources Code. Public review shall be provided pursuant to Section 15073, and within the time limits specified in Article 8 of the CEQA Guidelines.
C. 
Prior to approving a project, the City shall consider the negative declaration or mitigated negative declaration, together with any comments received during the public review period. The City shall approve the negative declaration or mitigated negative declaration if it finds, pursuant to Section 15074 of the CEQA Guidelines, that there is no substantial evidence that the project will have a significant effect on the environment.
D. 
Upon adoption of a negative declaration, a notice of determination shall be filed in accordance with Section 15075 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Process. Upon a determination that an EIR is required, the Department shall initiate the EIR process pursuant to Article 7 of the CEQA Guidelines.
B. 
EIR Contents. EIRs shall contain all the information outlined in Article 9 of the CEQA Guidelines.
C. 
EIR Review. Review and evaluation of EIRs shall be conducted pursuant to Article 13 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
When findings are made pursuant to Section 21081(a) of the Public Resources Code, or when adopting a mitigated negative declaration pursuant to Section 21081(c)(2) of the Public Resources Code, the decision-making body shall adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.
B. 
The monitoring program shall identify the specific actions required to implement each mitigation measure or project change, the person(s) or agency responsible for carrying out the action and the time period for reporting on implementation of the actions.
C. 
The monitoring program shall be administered by the Director based on the advice of qualified staff and/or consultants. Reporting shall be made in writing to the decision-making body.
D. 
If the decision-making body determines that any firm, person or corporation has failed to carry out the project changes or mitigation measures, the firm, person or corporation responsible is guilty of an infraction and subject to the penalties identified in this code.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
Fees for environmental review applications and monitoring programs shall be adopted by resolution of the City Council. Such fees shall be paid at the time an application is made. Copies of environmental documents will be made available to the public and may be obtained for the actual cost of reproduction.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)