§ 18.04

This chapter shall be known as "The City of San Marcos Environmental Protection Ordinance."

This chapter is intended to provide for enhancement and protection of the environment within the City by establishing principles, objectives, criteria, definitions and procedures for evaluation of the environmental impact of public and private projects in an orderly manner. This chapter implements the California Environmental Quality Act (hereinafter "CEQA") and the State CEQA guidelines issued pursuant thereto by the Resources Agency. This chapter provides for the preparation and evaluation of environmental documents and establishes the responsibility of the City and other persons for protecting the environment. This chapter is adopted pursuant to California Public Resources Code Section 21082.

18.04.030 - State Guidelines Incorporated by Reference.

(a)

Chapter 3, Division 6, Title 14 of the California Code of Regulations as amended to January 1, 1991, one copy of which is on file in the Office of the City Clerk for public review and inspection, is adopted by reference as the environmental review regulations for the City except for changes, additions, deletions, amendments or supplements contained in this chapter which shall supersede the provisions of said guidelines.

(b)

Article 16 of Chapter 3, Division 6, Title 14 of the California Code of Regulations is not adopted.

(a)

No decision-making body of the City shall approve or carry out a project as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the environmental effects of the project or unless specific economic, social, or other conditions make the project alternatives or mitigation measures infeasible, and specific findings of overriding considerations have been made.

(b)

No permit, license, approval or other entitlement shall be given for any project or for any items listed in Section 18.04.050 nor shall any project be undertaken by the City, until the requirements of this chapter have been fulfilled.

(a)

This chapter shall apply to all projects in the City approval or other entitlements for any of the following, provided that they are not otherwise exempted:

(1)

Zone Change and Zone Code Amendments;

(2)

Variances;

(3)

Specific plans or precise development plans or amendments thereto;

(4)

Common interest developments or conversion of existing projects to common interest developments including but not limited to planned developments; planned unit developments, planned community developments, condominium projects and conversions to condominiums;

(5)

Conditional, special, major, or minor use permits;

(6)

Community redevelopment plans and redevelopment projects the impact of which was not evaluated in the environmental review for the plan;

(7)

Tentative parcel maps;

(8)

Drill sites within any oil or water drilling districts;

(9)

Tentative subdivision maps;

(10)

Grading, excavation, fill and dredging permits;

(11)

Site development plans;

(12)

Adoption or amendment of a general plan or element thereof;

(13)

Any other private activity requiring a City discretionary permit or entitlement, which would have an adverse effect on the environment;

(14)

Any permit or approval, including building permits, where the City or its staff exercises discretionary deliberation or judgment in the approval process;

(15)

Any permit for removal of significant trees on public land or on public rights-of-way;

(16)

Any commercial or industrial project consisting of 5,000 square feet or more requiring a building permit;

(17)

Any alteration or addition to residential, commercial or industrial structures of 2,500 square feet or over 50 percent of the existing development; whichever is less;

(18)

Any permit required by the provisions of the Flood Damage Prevention Overlay Zone.

(b)

This chapter shall not apply to any action excepted or exempted from review under CEQA, the State CEQA guidelines or guidelines adopted by the City Council pursuant to this chapter. This chapter shall not apply to activities where the City determines with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

(a)

City Manager. The City Manager is responsible for the general administration of this chapter including but not limited to:

(1)

Filing any notices, reports or documents permitted or required to be filed pursuant to this chapter;

(2)

Making a determination or doing an act, subject to appeal to the City Council, which this chapter or CEQA requires the City to make or do, and the person or body required to make the determination or do the act is not otherwise specified in this chapter;

(3)

Preparing or directing the preparation of any environmental impact report, negative declaration or other environmental review document required by this chapter;

(4)

Requiring an applicant for a City entitlement for a private project to submit data and information which the City deems necessary to determine whether the proposed project may have a significant environmental impact, or to prepare a draft environmental impact report for submission to the City subject to the ultimate responsibility of the City for the contents of the report;

(5)

Requiring an applicant to pay the cost of special consultants to review or prepare environmental documents, information or data pertaining to a project;

(6)

Entering into contracts with special consultants for the provision of environmental review services including, but not limited to, preparation of environmental impact reports;

(7)

Consulting with other public agencies which have jurisdiction with respect to a project;

(8)

Completing final environmental impact reports either through City staff or through consultants hired by the City the cost of which may be paid by the applicant;

(9)

Conducting a scoping meeting whenever it is determined that an environmental impact report is needed for a project.

a.

The City Manager may delegate the responsibilities provided herein to any City department, division, employee or consultant, except that the City Manager shall retain all final decision-making authority vested in the City Manager by this chapter. The City Manager may call for assistance from any City department,

other governmental entity or other person as the Manager determines necessary to execute the duties hereunder. Whenever the term City Manager is used in this chapter with respect to the performance of acts or duties it shall include reference to any person authorized by the Manager to perform all or part of the acts or duties of the City Manager hereunder.

(b)

Planning Division. The Planning Division shall be responsible for the acceptance, review, preparation, storage, handling and other matters relating to environmental documents, studies, reports and other material. All environmental documents, studies, reports and other material shall be submitted to the City Manager through the Planning Division. The Planning Division shall review all projects and environmental documents pursuant to this chapter and make a recommendation thereon to the City Manager.

(c)

Persons Charged with Issuing Permits. All persons having the responsibility for issuance of any permit for a project as defined herein shall comply with this chapter.

(d)

Permit Applicant. Any person seeking the issuance of a permit, license, approval or entitlement for any project as described herein shall first comply with this chapter and procedures set forth in the guidelines and shall thereafter construct and maintain the project in reasonable compliance with such permit, license, approval or entitlement. Further, unless otherwise specifically indicated to the contrary in the permit, license, approval or entitlement for the project, the applicant shall be responsible for implementing or carrying out all mitigation measures specified in the environmental review documents for the project.

(e)

City Council. It is the responsibility of the City Council:

(1)

For every project for which the Planning Commission or other City official is the final decision-making authority, except for the possibility of appeal, to hold a public hearing on environmental impact reports and on every project the environmental review for which is conducted pursuant to State Public Resource Code Section 21083.3 and to complete the final environmental impact report in compliance with CEQA, the state guidelines and this Title when an appropriate appeal is filed;

(2)

For projects for which the City Council is the final decision-making body except for the possibility of appeal, to certify that the environmental impact report is completed pursuant to CEQA, the State guidelines and this title;

(3)

To hear appeals of decisions made by the City Manager as provided in this chapter.

(f)

Planning Commission. It is the responsibility of the Planning Commission:

(1)

To hold a public hearing on every environmental impact report and on every project requiring an environmental review, pursuant to Section 21083.3 of the State Public Resources Code;

(2)

For projects for which it or any City official is the final decision-making body except for the possibility of appeal, to certify that the environmental impact report is completed pursuant to CEQA, the State guidelines and this Title;

(3)

For projects for which the City Council is the final decision-making body, to forward the final environmental impact report to the Council for certification;

(4)

For projects requiring an environmental impact report, to make the finding of whether or not a proposed project will have a significant effect on the environment.

(g)

Decision-Making Body. The decision-making body or administrative official having final approval authority over the project shall certify that such decision-making body or administrative official has reviewed and considered the information in the EIR prior to approving the project or, if no EIR is prepared, that the project was processed in compliance with this Code. The decision-making body shall also approve or disapprove negative declarations prior to consideration of the project.

(h)

Department Heads. All department heads of the City shall cooperate with and assist the City Manager in the performance of the Manager's duties under this chapter. All department heads shall respond promptly to all requests for information or assistance made by the Manager.

(a)

The City Manager shall determine whether a private project, other than a ministerial project, is excepted or exempted from the requirements of this chapter by Section 18.04.050(b).

(b)

For ministerial projects and projects proposed by the City, the department head with the responsibility for approving or carrying out the project shall determine whether the project is excepted or exempted from the

requirements of this chapter, or shall refer the project to the City Manager for a determination.

(c)

The applicant, and any other person who has previously filed a written request for notice regarding a project, shall be notified in writing of the determination made pursuant to subsections (a) or (b). A list (or other document) of the determinations of exemption or exception shall be posted weekly for five business days in a public portion of City Hall.

(d)

Notwithstanding that a project may be within an exemption or exception, the City Manager, or other authorized department head, may determine that the project may have a significant effect on the environment for such reasons as scope or scale of the activity, the cumulative impact of the project with successful projects of the same type and in the same area, proximity to a floodplain, proximity to an environmental resource of hazardous or critical concern, or any other reason which in the judgment of the City Manager or appropriate department head may result in an adverse impact on the environment. If such a determination is made, the determination of exemption shall not be issued and the project shall be processed in accordance with this chapter.

(e)

The determination of exemption under this Section may be in the form of a notice of exemption prepared pursuant to Section 18.04.090 of this Code and Section 15062 of the State CEQA Guidelines, but the notice of exemption shall not filed with the County Clerk until authorized under Section 18.04.090.

18.04.080 - Appeals of Determinations on Exceptions or Exemptions.

(a)

The determinations made according to Section 18.04.070 are final unless appealed to the Planning Commission. Appeals shall be filed in writing with the City Clerk within ten calendar days of the expiration of the period for posting, or if no posting is required, within 15 calendar days from the date of the mailing of the written notice. For the purpose of this Section if written notification is mailed, delivery shall be the date of mailing.

(b)

The Planning Commission shall hear the appeal no later than the second regularly scheduled meeting following the filing of the appeal and may approve or disapprove the decision. The decision of the Planning Commission shall be noticed in the manner provided in Section 18.04.070 as appropriate and shall be mailed to the applicant and the appellant. The time for the Planning Commission to hear the appeal may be extended by the Planning Commission for good cause.

(c)

Notice of the Planning Commission hearing on appeal shall be given as provided for the noticing of negative declarations and by first class mail to the applicant and the appellant.

(d)

The decision of the Planning Commission shall be final.

(a)

When a project qualifies for an exception or exemption and the City approves or determines to carry out the project, the City Manager, or other appropriate department head, may file a notice of exemption with the County Clerk. Such notice shall include a description of the project, the location and the finding that the project is within an exception or exemption and a brief statement of the reasons for the finding. These notices may be filed weekly.

(b)

Whenever the City approves an applicant's project, the applicant may file a notice of exemption. The notice of exemption, filed by the applicant, shall contain the information required in Subsection (a) of this Section, together with a certified document issued by the City stating that it has found the project to be exempt. This may be a certified copy of the determination made according to Section 18.04.070 or of the resolution approving the project.

(c)

The notices of exemption shall contain the information and be in the form required by State Public Resources Code Section 21151(b).

(a)

If the project is not exempt or does not qualify for an exception, the City Manager shall conduct an initial study to determine if the project may have a significant effect on the environment. The responsible City department or private applicant for a City entitlement shall submit to the Planning Division a completed environmental impact assessment form as an aid to the determination. The City Manager may require an expanded initial study when necessary to determine whether the project will have a significant effect on the environment. The expanded initial study shall not be used as a substitute for an environmental impact report. After the initial study, expanded initial study and other documents and information requested by the City Manager have been submitted to the satisfaction of the City Manager, the City Manager, with the assistance from the City staff and departments, as appropriate, shall review each initial study along with all information submitted with the application for the project and determine within 30 days whether the project as proposed may involve a significant effect on the environment. The time period for the determination may be extended by mutual agreement of the City Manager and the applicant for an additional 15 days.

(b)

Except as otherwise provided by law, if it is determined that a project may have a significant impact on the environment, the City Manager shall prepare, or cause to be prepared, an EIR according to the requirements of this chapter.

(c)

If it is determined that the project will have no significant impact on the environment, the Manager shall prepare a negative declaration.

(d)

If significant effects on the environment identified in the initial study can be mitigated so that the project will have no significant effect on the environment, the project applicant may revise or redesign the project to mitigate these effects. If the City Manager finds that the project as revised or redesigned will have no significant impact on the environment, the City Manager may then issue a negative declaration for the project subject to appropriate conditions to assure that no significant impact will result; provided, however, that no step or element of the project, which may have a significant effect on the environment, may be implemented or carried out unless the conditions intended to mitigate that effect have been implemented or carried out. The Manager may require a mitigation monitoring program to be included as part of the redesigned project or negative declaration. The revisions or redesign shall occur prior to public notice of the negative declaration.

(e)

The applicant, and any interested party who has requested notice, shall be given written notice of the Manager's determination under this Section. The notification shall be given either by personal delivery or first class mail. The applicant or other interested party, may appeal the Manager's determination to the City Council within ten calendar days after either the personal delivery or mailing of the notice. The hearing shall be processed according to the procedures established in Section 18.04.080 for appeal hearings on determinations of exceptions. The decision of the City Council shall be final.

Prior to determining whether a negative declaration or EIR is necessary for a project, the Manager shall consult with responsible agencies. This consultation may be quick and informal. This consultation is additional to the consultation required by Sections 18.04.130 and 18.04.180 regarding consultations prior to completing a negative declaration or draft EIR.

In order to insure adequate public participation in the environmental process, early public notice of the preparation of negative declarations and EIR's may be given after completion of the initial study but before the completion of the declaration or draft of the EIR. The City Manager may establish guidelines for determining those projects which may require early public notice of preparation. Early notice of preparation may be given in any manner which the City Manager deems appropriate including but not limited to: publication of notice once in a newspaper of general circulation in the area where the project is located; mailing to all persons who have previously requested such notice; mailing to persons living within 500 feet of the project; mailing to responsible agencies or agencies whose jurisdiction borders the City; posting on the property where the project is proposed. All notices under this subsection shall be posted in a public portion of City Hall. This notice is additional to all other notices required under this chapter. The applicant shall pay the cost of providing the notice under this section.

(a)

The City Manager shall prepare a negative declaration if the project qualifies for a negative declaration under the provisions of this chapter. For private projects the negative declaration shall be completed and ready for approval within 105 days from the date that the application for the permit, license, approval or entitlement for the project is received and accepted as complete by the City. Notwithstanding anything in this Code to the contrary, an application for a permit, license, approval or entitlement for a project subject to this chapter shall not be complete (or deemed complete) until an initial study, expanded initial study, and other documents and materials requested by the City Manager with respect to an application have been submitted to the satisfaction of the City Manager. The time for completion of a negative declaration may be extended by the City Manager for good cause and with the consent of the applicant. A negative declaration may be approved after the 105-day period for completion when consideration of approval of the negative declaration is consolidated with consideration of the project.

(b)

Notice that a negative declaration has been prepared shall be given to the public at least 21 days prior to the final adoption by the decision-making body of the negative declaration and shall also be given to all organizations and individuals who have previously requested such notice. If the negative declaration is submitted to the State Clearinghouse for review, the notice shall be given at least 30 prior days to the final adoption of the negative declaration unless a shorter period for review by the State Clearinghouse has been approved. The notice shall be given in the manner specified in Section 18.04.190. The notice shall contain a brief description of the proposed project and of its location, the address where copies of the negative declaration may be reviewed, a designation of a staff person at the City who may be contacted with respect to the negative declaration, a statement that comments on the negative declaration may be made, the time period during which comments will be received, and the time, place, and date of the public meeting at which the project will be considered if known at the time of the giving of the notice. The notice required by this subsection may be given at the same time and in the same manner as the public notice otherwise required by law for the project provided that the public notice otherwise required by law for the project is given within the time period specified by this section. For projects involving the burning of waste materials, additional notice as specified in Section 21092(b) of CEQA shall be given.

(a)

If the decision-making body has the authority under this Code to finally approve or deny a project, the decision of the decision-making body to approve, conditionally approve or disapprove a negative declaration is final unless:

(1)

Any interested party files an appeal to the City Council of the project as provided by this Code for appeals of projects;

(2)

Any interested party appeals to the City Council the approval of the negative declaration in writing filed with the City Clerk within ten days of the decision-making body's approval of the negative declaration.

(b)

A fee established according to this chapter shall be paid to the City Clerk at the time of filing the appeal. If the project has been approved or conditionally approved filing of an appeal of the approval of the negative declaration shall be deemed to be an appeal of the approval or conditional approval of the project and notice of the hearing on the appeal shall be given as provided in City Ordinance for appeals of the projects. If the approval or conditional approval of the project has not been given then the filing of an appeal regarding the negative declaration shall prevent the approval or conditional approval of the project by the City, or by operation of law, until the appeal is determined. If the appeal is for a project which has not been given approval, the Clerk shall give a notice of hearing on the appeal in the manner specified in Section 18.04.190 not later than ten days prior to the hearing. Such notice shall also be mailed to the applicant and the appellant. The City Council shall hear the appeal and may approve, modify or disapprove the decision of the decision-making body. The decision of the City Council is final. For the purpose of this Section, appeal of the decision on the project shall be deemed an appeal of the decision on the negative declaration as well.

(a)

If the City Manager determines that a project is to be carried out or approved by one or more public agencies in addition to the City, he shall first determine which entity will be the lead agency.

(b)

If the City Manager determines that the City is the lead agency, the project shall be processed in accordance with the terms of this chapter.

(c)

If the City Manager determines that another public agency is the lead agency, the environmental documents prepared by such agency shall be considered by the City prior to acting upon or approving the project and the acting or approving authority shall certify as a part of their decision that the information contained therein was reviewed and considered. A project processed in accordance with Subsection (c) hereof shall be deemed to be in compliance with the requirements of this chapter.

(d)

Whenever the City is a responsible agency, the City Manager shall provide the information and responses to the lead agency which the City Manager deems necessary in order to comply with the statutory responsibilities of a responsible agency.

If the City Manager determines that an EIR or negative declaration has been certified for a project in connection with some previously issued entitlement, then the prior environmental document shall be

sufficient to comply with this chapter unless subsequent or supplemental review is required pursuant to the provisions of CEQA or the State Guidelines.

Environmental Impact Reports shall be prepared by the City Manager for all City projects. The applicant for the City entitlement for any private project may prepare and submit a preliminary EIR to the City Manager. The City Manager may, but is not required to, adopt the applicant's submittal as the document to be circulated for public review or may use all or any part of the applicant's submittal as a basis for an environmental impact report prepared by or for the City. The City Manager shall not adopt the applicant's submittal as the document to be circulated for review unless prior to the submission of the document the City Manager has conducted a scoping meeting and the submittal addresses all of the issues raised at the scoping meeting. The City Manager may require the applicant to submit additional information necessary for a full and complete report. The City Manager may call for assistance from other departments, other governmental entities and the public as he determines necessary for a full and complete report. As provided in the provisions of Chapter 2.30 of this Code relating to Purchasing, the City Manager may at the Manager's discretion enter into contracts with private consultants for the preparation of draft EIR's or for the review of environmental documents submitted by applicants. For environmental review or private projects, the cost for such consultants shall be paid by the applicant. The consultant shall not be an employee or affiliate of the applicant.

The draft EIR shall contain substantially the same information as a final EIR. The City Manager shall consult and obtain comments from other public agencies having jurisdiction by law with respect to the project. The City Manager should also consult with any person having special expertise with respect to any environmental impact involved. The City Manager shall maintain a listing of local, State and federal agencies which have jurisdiction by law with respect to various projects and project locations within the City. A list of local agencies or persons with special expertise or concerns with regard to such projects shall also be maintained. Copies of the draft report may also be submitted for comment to other agencies and persons as the City Manager determines to be necessary to full and complete report. If any public agency or person consulted failed to comment within the time specified by the City for such comment, or within 30 days if no other time is specified, it shall be assumed such agency or person has no comment to make and such fact may be included in the final report. The draft report shall be mailed to the applicant and a copy shall be available to the public at the Planning Division. A copy shall also be furnished to and made available at the City Clerk's office. The public copy shall be available for not less than 30 days after the publication of the notice of completion. The City Manager may, in exceptional cases, extend the period of public availability when such action is necessary for a full and complete report. The City Manager will accept written comments on, or objections to, the draft report during the period of public availability. After the expiration of said period, the City Manager shall prepare, or cause to be prepared, written responses to all comments received during the review period.

(a)

As soon as a draft of the EIR is completed, the City Manager shall file a notice of completion with the Secretary for the resources agency. At the same time, the notice of completion shall be posted in a public portion of City Hall. In addition, notice of completion shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures:

(1)

Publication once in a newspaper of general circulation in the City;

(2)

Posting on an off-site in the area where the project is located;

(3)

Direct mailing to owners of property as shown on the latest equalized assessment roll within a radius of 500 feet of the proposed project.

The City Manager may require any additional notice which the Manager deems necessary for the project and shall assess the cost of the additional notice to the applicant.

(b)

The notice of completion shall contain the following information:

(1)

The time period during which comments on the draft environmental impact report will be received;

(2)

A brief description of the project and of its location;

(3)

The address of the place or places where copies of the draft environmental impact report are available for review;

(4)

A designation of a staff person of the City who may be contacts regarding the environmental impact report;

(5)

A statement that comments on the environmental impact report will be received.

(c)

The time period during which comments on a draft environmental impact report will be received shall not be less than 30 days, or not less than 45 days if the draft environmental impact report is submitted to the

State Clearinghouse for review unless a shorter time period for review by the State Clearinghouse has not been approved. The time period during which comments will be received shall not be longer than 90 days.

After the expiration of the time period for submission of comments on the draft environmental impact report the City Manager shall prepare or cause the preparation of the final environmental impact report. The final EIR shall include the draft EIR, a section listing the organizations and persons consulted, the comments received either verbatim or in summary, and the response of the City Manager to the significant environmental points raised in the review and consultation process. The response of the City Manager may be in the form of a revision of the draft EIR or an attachment thereto describing the disposition of the significant points raised. The major issues raised when the position of the City Manager is at variance with the comments shall be addressed in detail and the reasons why any specific comments and suggestions were not accepted shall be stated. The City Council may, by resolution, prescribe guidelines in addition to the requirements of this Section for the contents of the final EIR.

18.04.210 - Planning Commission Hearing, Action Appeal From Planning Commission Action.

(a)

The environmental impact report shall be forwarded to the City Manager, who shall set the matter for public hearing by the Planning Commission. Notice of the public hearing shall be given as provided in Section 18.04.220(a) of this Code. If the hearings on the environmental impact report will be consolidated according to this chapter with public hearings on other approvals on the project, the notice required by this Section may be given in the same manner and at the same time as public notice otherwise required for the project. At the hearing, the Commission shall hear staff and public comments on the report, and may refer it back to staff for further investigation, information, analysis, and for the inclusion of additional material if they determine such to be necessary to a full and complete report. The Planning Commission may order that a supplement to the report be prepared if any significant points are raised at the hearing which have not been covered in the report. If a supplement is ordered, the report and the supplement shall be recirculated for public comment as provided in Section 18.04.190. Formal written responses to comments made during the public hearing on an environmental impact report are not required, but, to the extent practicable, oral responses shall be given by the City Staff or by the City's consultants before action by the Planning Commission.

(b)

For projects for which the Planning Commission or any City Official is the final decision-making body, except for the possibility of appeal, the Planning Commission shall be resolution certify the environmental impact report if it finds that the report has been prepared in compliance with all applicable requirements. If the Planning Commission or a City Official is not the final decision-making body for the project, the Planning Commission shall by resolution make a recommendation to the City Council regarding whether the final environmental impact report has been prepared in compliance with all applicable requirements.

(c)

If the Planning Commission or other City Official has the authority under this Code to finally approve or deny a project (except for the possibility of an appeal), the decision of the Planning Commission to certify or not certify a final environmental impact report is final unless:

(1)

An applicant or any other interested person appeals the Planning Commission decision to certify or not certify the environmental impact report to the City Council; or

(2)

An applicant or any other interested person appeals this decision to approve or deny the project to the City Council.

An appeal shall be filled in writing with the City Clerk within ten days after the action of the Planning Commission from which the appeal is being taken. A fee established according to this Chapter shall be paid to the City Clerk at the time the appeal is filed. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing notice of which shall be given according to Section 18.04.220(a). The hearing shall be held within 30 days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the City Council shall render its decision on the appeal. The decision of the City Council is final. If an appeal from the decision on the project is filed the hearing required under this section may be noticed and heard at the same time and in the same manner as the hearing of the appeal on the project. If an appeal is filed for a project which has been approved or conditionally approved regarding the environmental impact report shall be deemed to be an appeal of the approval or conditional approval of the project. If a project has not been approved or conditionally approved, the project shall not be approved or conditionally approved by the City, or by operation of law, until the appeal is determined and the environmental impact report is certified.

(a)

If the Planning Commission is not the final decision-making authority for a project, or upon an appeal, then upon completion of the Planning Commission hearings, the City Manager shall cause the EIR to be set for public hearing by the City Council. Notice of the public hearing shall be given as follows:

(1)

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing, to the owner of the subject real property, the owner's duly authorized agent, or to the project applicant. This provision shall apply only to projects for which the City is not the applicant.

(2)

Notice of the hearing shall be mailed or delivered at least ten days prior to each local agency expected to provide water, sewage, streets, schools or other essential facilities or services to the project and whose ability to provide those facilities or services may be significantly affected by the project.

(3)

Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 500 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the County Assessor or Tax Collector which contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 500, in lieu of mailed or delivered notice, the City Manager may permit notice to be given by placing a display advertisement of at least one-eighth a page in a newspaper of general circulation within the City at least ten days prior to the hearing.

(4)

If the notice is mailed or delivered pursuant to subsection (3), the notice shall also either be:

a.

Published pursuant to Government Code Section 6061, in at least one newspaper of general circulation within the City at least ten days prior to the hearing; or

b.

Posted at least ten days prior to the hearing in at least three public places in the City.

(5)

The failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision-making body receives substantial evidence that notice has not been given as required by this chapter, then the decisionmaking body may continue the matter for hearing after proper notice has been given.

(6)

It is the responsibility of the applicant to provide addressed and stamped envelopes for the mailed notice and to pay the cost of all notice given pursuant to this Section.

(7)

If the hearings on the EIR will be consolidated according to this chapter with public hearings on other approvals of the project, the notice required by this Section may be given in the same manner and at the same time as public notice otherwise required for the project.

(b)

At the hearing, the City Council shall hear staff comments on the report, and may refer it back to staff for further investigation, information, analysis, and for the inclusion of additional material if they determine such to be necessary to a full and complete report. The report shall be supplemented to include any significant points raised at the hearing and not covered in the report. If the City Council finds that the report has been completed in compliance with CEQA, the State guidelines and this chapter, it shall, by motion, so certify.

The Planning Commission or City Council may consolidate a hearing on an EIR or consideration of the negative declaration with any other hearing held in regard to the same project. In such case the Planning Commission or City Council shall review and consider the information contained in the report before taking action on other aspects of the project.

In considering whether or not to approve a project for which an EIR is required and has been prepared, the City decision-making body with approval authority for the project shall first review and consider the information contained in the report. The report is an informational document prepared to inform the decision makers and the general public of the environmental effects of the projects they propose to carry out or approve. The process is intended to enable the City to:

(a)

Evaluate a project to determine whether it may have a significant effect on the environment;

(b)

Examine and institute methods of reducing adverse impacts; and

(c)

Consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project.

An EIR may not be used as an instrument to rationalize approval of a project; nor, do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved. While it is the express policy of the City to give major consideration to preventing environmental damage, it is recognized that the City also has obligations to balance other public objectives including economic and social factors in determining whether and how a project should be approved. In that regard, the decision-making body may balance environmental objectives with economic and social objectives in arriving at a decision. In evaluating whether or not to approve the project, or to grant the permit, license or other entitlement applied for in connection with the report, the decision-making body shall weigh any adverse environmental effects against any positive effects and any benefit to the City and the public which could result from the proposed project. The decision-making body may disapprove a project if it finds that the adverse consequences outweigh the positive aspects of the project. The decision-making body may approve a project if it finds the reverse to be true. The decision-making body may also conditionally approve or modify the project in consideration of the information in the report.

(a)

If the EIR for a project identifies one or more significant effects, the project shall not be approved or carried out unless the decision-making body makes one or more of the following written findings or statements for each significant effect. A statement of facts supporting each finding shall also be made.

(1)

Changes or alterations have been required on, or incorporated into, the project and which mitigate or avoid the significant environmental effects as identified on the EIR;

(2)

The mitigation measures are within the responsibility or jurisdiction of another public agency;

(3)

Specific economic, social or other consideration make infeasible mitigation measures or project alternatives.

(b)

If the project will be approved or carried out and a significant environmental effect will not be reduced to an acceptable level, the decision-making body shall make a statement of overriding considerations which shall be mentioned in the notice of determination and shall include the following written findings or statements:

(1)

The reason which support its action based on the final EIR or other information on the record or a combination of both;

(2)

Any findings or statements required under Subsection (a) of this Section.

In considering whether or not to approve a project for which a negative declaration has been processed, a determination of exemption, exception or prior compliance made, or any other environmental document issued which results in an endorsement of compliance pursuant to this chapter, the decision-making authority shall first review and consider such document and all the information contained therein. The standard of review prescribed in Section 18.04.240 for evaluation of EIRs shall be applied.

(a)

Within five working days after the City approves or determines to carry out a project or grants a requested entitlement for which a negative declaration or EIR has been prepared, the City Manager shall file a notice of determination with the County Clerk.

(b)

When a Notice of Determination is returned by the County Clerk after the required posting period, the City Manager may make the notice a part of the project file or may forward the notice to the appropriate custodian of the project file for placement in the file.

(c)

The notice of determination shall contain the information and be substantially in the form required by State Public Resources Code Section 21152(a).

Whenever a project is approved subject to mitigation measures, including measures incorporated into the project design or imposed as a condition of approval, the decision-making body shall establish a program to monitor the implementation of the mitigation measures. The cost of the monitoring program is hereby to be imposed as a condition of the approval on the project applicant or on such other person or entity as may be established by conditions of approval of the project. Where the monitoring program requires that monitoring be accomplished by the City, the decision-making body may impose, as a condition of approval of the project, a fee in the amount of the reasonably anticipated costs of the monitoring.

When a lead agency submits an EIR to the City for comment, it shall be referred to the City Manager. The City Manager is responsible for reviewing the report, preparing appropriate comments and forwarding any such comments to the lead agency within the indicated time limits. The City Manager may consult with and obtain input from any person with knowledge or expertise regarding the matter. As part of the review, the

City Manager shall focus on the sufficiency of the EIR in discussing possible impacts upon the environment, ways in which adverse effects might be mitigated, and alternatives to the project, in light of the intent of CEQA to provide decision-makers with useful information about such factors.

The City Manager shall make EIRs or other environmental documents available for reasonable public inspection. A charge no greater than the actual cost of reproduction and reasonable retrieval time shall be paid by any person requesting copies.

Comments received from other agencies or individuals in the course of the consultation process while preparing an EIR or negative declaration and not otherwise included in a final environmental impact report shall be kept for a reasonable time in the Planning Division file for a project. Comments shall be made available to the public, subject to the same terms as other environment documents. Comments regarding environmental aspects of any project received independently of the environmental review process shall also be considered and kept on file.

The City Council may, by resolution, adopt a fee schedule for the processing of projects subject to this chapter and for the processing of any report or appeal under this chapter. The cost of all environmental review, notices, reports, consultants and other actions required by this chapter shall be borne by the applicant.

The City Clerk shall mail, on a continuing basis, copies of all notices of appeal, notices of hearings and other notices resulting from this chapter to any individual or group who files a written request therefore. Such requests shall be made annually. A fee in an amount established by City Council resolution shall accompany each such request.

Except as provided in Sections 18.04.210 and 18.04.220, notice of any other public hearing required by this chapter shall be given by publication once in a newspaper of general circulation at least ten days before the hearing.

The City Council may adopt, by resolution, additional guidelines to aid in the implementation of this title. These guidelines may include, but are not limited to, guidelines for preparation of draft and final EIRs, a form which will solicit sufficient information to allow the City Manager to determine if a project may have a significant effect on the environment, and guidelines for mandatory finds of significant effect.

(Ord. No. 91-890, 3-26-91)

TITLE 19 - SUBDIVISIONS CHAPTER 19.04 - GENERAL REGULATIONS