California City Municipal Code Art. 3 Role of City as Lead Agency

The City is a lead agency when a project is only approved or carried out by the City or when the City has been designated the lead agency. This Chapter describes the process used by the City when acting as a lead agency.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City Manager shall determine whether an application for a permit or other entitlement for use is complete within thirty (30) days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application will be deemed complete on the 30th day.

(b) The City Manager shall first determine if a project is ministerial or exempt.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City Manager shall first determine whether the activity is exempt from environmental review under CEQA.

(b) Possible exemptions from CEQA include:

(1) The activity is not approved.

(2) The project is ministerial.

(3) The project is an emergency.

(4) The project is exempt.

(5) There is no possibility the activity may have a significant effect on the environment.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The following are presumed ministerial activities:

(1) Leasing of property where the use of the premises is not significantly changed.

(2) A project of less than one mile in length within a public street, highway or other public right-of-way for the installation of a new pipeline or the maintenance, replacement or demolition of an existing pipeline. For the purposes of this subsection, 'pipeline' includes subsurface facilities and manholes, but does not include any surface facility even if related to the operation of the underground facility.

(b) Where a project involves a ministerial action and discretionary action, the project will be subject to the requirements of CEQA.

( Ord. No. 14-725, § 1, 10-21-2014 )

The following are emergency projects:

(a) Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor.

(b) Emergency repairs to public facilities necessary to maintain service.

(c) Specific actions necessary to prevent or mitigate an emergency.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by the City for the purpose of:

(1) Meeting operating expenses, including employee wage rates and fringe benefits;

(2) Purchasing or leasing supplies, equipment, or materials;

(3) Meeting financial reserve needs and requirements; or

(4) Obtaining funds for capital projects, necessary to maintain service within existing service areas.

(b) Rate increases to finance the expansion of a system are subject to CEQA.

(c) The City shall incorporate written findings in the record of proceedings in which an exemption under this section is claimed setting forth the basis for the exemption.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The following categorical exemptions are set forth in the State Guidelines:

(1) Class 1: Operation, repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use.

(2) Class 2: Replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

(3) Class 3: Construction and location of limited numbers of new, small facilities; structures; equipment and facilities; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.

(4) Class 4: Minor alterations in the condition of land, water, and/or vegetation not involving removal of mature, scenic trees except for forestry and agricultural purposes.

(5) Class 5: Minor alterations in land use limitations in areas with an average slope of less than 20%, not resulting in any changes in land use or density.

(6) Class 6: Basic data collection, research, experimental management, and resource evaluation activities not resulting in a serious or major disturbance to an environmental resource.

(7) Class 9: Activities limited entirely to inspection, to check for performance of an operation, or quality, health, or safety of a project.

(8) Class 11 Construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities.

(9) Class 12 Sales of surplus government property except for parcels of land located in an area of statewide, regional, or area wide concern.

(10) Class 13: Acquisition of lands for fish and wildlife conservation purposes and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition.

(11) Class 15: Division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when: the division is in conformance with the General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the parcel was not involved in a division of a larger parcel within the previous two (2) years; and the parcel does not have an average slope greater than 20%.

(12) Class 19: Annexations to the City of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the annexing or detaching governmental agency whichever is more restrictive. However, the extension of utility services to the existing facilities must have a capacity to serve only the existing facilities; or annexations of individual small parcels of the size for facilities exempted by State Guidelines.

(13) Class 20: Changes in the organization or reorganization of local agencies where the changes do not change the geographical area in which previously existing powers are exercised.

(14) Class 23: Normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose.

(15) Class 25: Transfers of ownership of interests in land to preserve open space.

(16) Class 27: Leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the governing authority determines the building was exempt from CEQA.

(b) Classes 3, 4, 5, 6 and 11 set forth are qualified by consideration of where the project is to be located. A project ordinarily insignificant in its impact on the environment may be significant in a sensitive environment. These classes apply except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. These classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

(c) A categorical exemption shall not be used for an activity where there is a reasonable possibility the activity will have a significant effect on the environment due to unusual circumstances.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) When the City Manager decides a project is exempt from CEQA and the City Manager approves or determines to carry out the project, the City Manager or the applicant may file a notice of exemption with the County Clerk.

(b) The notice shall be filed, if at all, after approval of the project. Such a notice shall include:

(1) A brief description of the project,

(2) A finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt; and

(3) A brief statement of reasons to support the finding.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) Unless an exemption applies or unless the City Manager determines an EIR is required for the project, the City Manager shall conduct an "initial study" to determine whether the project may have a significant effect on the environment.

(b) If any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the City shall either:

(1) Prepare an EIR; or

(2) Use a previously prepared EIR which the City determines would adequately analyze the project.

(c) The initial study shall be used to:

(1) Determine whether a project may have potential environmental impacts;

(2) Enable the lead agency to decide whether to prepare an EIR or negative declaration;

(3) Allow the project proponent to modify a project, mitigating adverse impacts before an EIR is written; and

(4) Assist in the preparation of an EIR.

(d) An initial study shall contain in brief form:

(1) A description of the project including the location of the project;

(2) An identification of the environmental setting;

(3) An identification of environmental effects by use of a checklist, matrix, or other method;

(4) A discussion of ways to mitigate the significant effects identified, if any;

(5) An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls; and

(6) The name of the person or persons who prepared or participated in the initial study.

(e) If the project is carried out by a private person or private organization, the person or organization carrying out the project shall submit information to enable the City Manager to prepare the initial study.

(f) When the City Manager determines an initial study will be required for the project, the City Manager shall consult informally with responsible agencies and trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies whether an EIR or a negative declaration should be prepared.

(g) When the City acts as the lead agency, the City shall determine within forty-five (45) days after accepting an application as complete, whether it intends to prepare an EIR or a negative declaration.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) A proposed negative declaration shall be prepared for a nonexempt project when:

(1) The initial study shows there is no substantial evidence the project may have a significant effect on the environment; or

(2) The initial study identifies potentially significant effects but the project has been revised by changes in project plans or an enforcement commitment to mitigation measures to avoid or mitigate the effects to a point where clearly no significant effects would occur.

(b) Before approving a negative declaration as a lead agency, the City Manager shall consult with responsible agencies and trustee agencies concerned with the project. This consultation may take place during the public review period for the proposed negative declaration.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City Manager shall process the draft negative declaration as set forth in this Section.

(b) The draft negative declaration shall include:

(1) A brief description of the project; including a commonly used name for the project if any;

(2) The location of the project and the name of the project proponent;

(3) A finding the project will not have a significant effect on the environment;

(4) An attached copy of the Initial Study documenting reasons to support the finding; and

(5) Mitigation measures, if any, to avoid potentially significant effects.

(c) Notice of the preparation of a proposed negative declaration shall be provided to the public at least twenty days prior to submission to the Reviewing body. The review period on the notice shall be long enough to provide the public with sufficient time to respond to the proposed finding before the negative declaration is approved. Notice shall be given to organizations and individuals who previously requested such notice. Notice shall be given in one or more of the following ways as determined by the City Manager:

(1) Publication once in a newspaper of general circulation in the area affected by the proposed project.

(2) Posting by the Agency on and off site where the project is to be located.

(3) Direct mail notice to property owners contiguous to the project as shown on the latest equalized assessment roll.

(d) At the time and place stated in the notice and prior to approving the project, the Reviewing body shall consider the negative declaration and comments received during the public review process. The Reviewing body may approve the negative declaration if it finds on the basis of the initial study and comments there is no substantial evidence the project will have a significant effect on the environment.

(e) With a private project, the negative declaration must be completed and ready for approval within one hundred five (105) days from when the lead agency accepted the application as complete.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City Manager shall file a notice of determination after the Reviewing body decides to carry out or approve a project for which a negative declaration has been approved.

(b) The notice of determination shall include:

(1) An identification of the project including its common name where possible and its location.

(2) A brief description of the project.

(3) The date the Reviewing body approved the project.

(4) The determination of the Reviewing body the project will not have a significant effect on the environment.

(5) A statement a negative declaration has been prepared pursuant to CEQA.

(6) The address where a copy of the negative declaration may be examined.

(c) The notice of determination shall be filed with the county clerk of the county or counties where the project is located. If the project requires a discretionary approval from any state agency, the notice of determination also shall be filed with the Secretary for Resources.

( Ord. No. 14-725, § 1, 10-21-2014 )

If the City Manager determines there is substantial evidence the project may have a significant effect on the environment, the City Manager shall prepare or cause an environmental impact report (EIR) to be prepared.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) Immediately after deciding an EIR is required, the City Manager shall send each responsible agency a "notice of preparation" stating an EIR will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project and to each trustee agency responsible for natural resources affected by the project.

(b) The notice of preparation shall provide responsible agencies with sufficient information describing the project and the environmental effects to enable the responsible agencies to make a meaningful response. At a minimum, the information shall include:

(1) Description of the project.

(2) Location of the project indicated either on an attached map (preferably a copy of a U.S.G.S. 15' or 7½' topographical map identified by quadrangle name, or by a street address in an urbanized area); and

(3) Potential environmental effects of the project.

(c) The notice of preparation shall be sent by the City Manager by certified mail or any other method of transmittal which provides a record the notice was received.

(d) The City Manager may begin work on the draft EIR immediately without awaiting responses to the notice of preparation. A draft EIR may be revised based on responses to the notice of preparation. A City Manager shall not circulate a draft EIR for public review before the time period for responses to the notice of preparation has expired.

(e) If a responsible agency fails by the end of the 45-day period to provide a response or a well justified request for additional time, the City may presume the responsible agency has no response to make.

(f) To expedite the consultation, the City Manager, a responsible agency, a trustee agency, or a project applicant may request meetings before representatives of the agencies to assist the City Manager in determining the scope and content of the environmental information which the responsible agency may require. Such meetings shall be convened by the City Manager as soon as possible, but no later than thirty (30) days, after the meetings were requested. On request, the Office of Planning and Research will assist in convening meetings with state agencies.

(g) When a state agency is a responsible agency or a trustee agency, the City Manager shall send a notice of preparation to each state responsible agency and each trustee agency with a copy to the State Clearinghouse in the Office of Planning and Research. The State Clearinghouse will ensure the state responsible agencies and trustees reply to the lead agency within the required time.

(h) When the notice of preparation is submitted to the State Clearinghouse, the state identification number issued by the Clearinghouse shall be the identification number for subsequent environmental documents on the project. The identification number should be referenced on subsequent correspondence regarding the project, specifically on the title page of the draft and final EIR and on the notice of determination.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) Prior to completing the draft EIR, the City Manager may consult with any person or organization concerned with the environmental effects of the project. This early consultation is called "scoping." Scoping is mandatory when preparing an EIR/EIS jointly with a federal agency.

(b) The City Manager shall convene a meeting with responsible agency representatives to discuss the scope and content of the environmental information a responsible agency will need in the EIR within thirty (30) days after receiving a request for the meeting.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The draft EIR shall be prepared by or under contract to the City. The required contents of a draft EIR are discussed below.

(b) The City Manager may require the project applicant to supply data and information to determine whether the project may have a significant effect on the environment and to assist in preparing the draft EIR. The requested information should include an identification of other public agencies with jurisdiction by law over the project.

(c) Any person, including the applicant, may submit information or comments to the City Manager to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The City Manager must consider information and comments received. The information or comments may be included in the draft EIR in whole or in part.

(d) The City Manager may choose one of the following arrangements or a combination for preparing a draft EIR.

(1) Preparing the draft EIR directly with staff.

(2) Contracting with another entity, public or private, to prepare the draft EIR.

(3) Accepting a draft prepared by another entity, either the applicant, a consultant retained by the applicant, or other person independent review and analysis.

(4) Using a previously prepared EIR.

(e) A draft EIR sent out for public review must reflect the independent judgment of the City Manager. The City Manager is responsible for the adequacy and objectivity of the draft EIR.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) Each draft EIR shall contain the following:

(1) Table of contents or index;

(2) Summary;

(3) Project description;

(4) Description of environmental setting;

(5) Environmental impact, including: any significant environmental effect of the proposed project; any significant environmental effects which cannot be avoided if the proposal is implemented; mitigation measures proposed to minimize the significant effects; alternatives to the proposed action; the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; any significant irreversible environmental changes which would be involved in the proposed action should it be implemented; and the growth inducing impact of the proposed action;

(6) Effects not found to be significant;

(7) Organizations and persons consulted;

(8) Air and water quality aspects; and

(9) Significant cumulative impacts.

(b) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity and any significant irreversible environmental changes which would be involved in the proposed action should it be implemented need be included only in EIRs prepared in connection with any of the following activities:

(1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency.

(2) The adoption by a local agency formation commission of a resolution making determinations.

(3) A project which will be subject to the requirement for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) When the draft EIR is completed, a notice of completion must be filed with the Secretary for Resources.

(b) The notice of completion shall include:

(1) A brief description of the project;

(2) The proposed location of the project;

(3) An address where copies of the draft EIR are available; and

(4) The period during which comments will be received on the draft EIR.

(c) If the EIR is reviewed through the review process handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the notice of completion, and no notice of completion need be sent to the Resources Agency.

(d) With a private project, the lead agency shall complete and certify the final EIR within one year after the lead agency accepts the application as complete. An unreasonable delay by an applicant in providing information requested by the lead agency for the preparation of a negative declaration or an EIR shall suspend the running of the time periods for the period of the delay. At the request of an applicant, the lead agency may waive the one year time limit for completing and certifying a final EIR or the 105-day period for completing a negative declaration if:

(1) The project will be subject to CEQA and to the National Environmental Policy Act.

(2) Additional time will be required to prepare a combined EIR-EIS or combined negative declaration-finding of no significant impact as provided herein, and

(3) The time required to prepare the combined document will be shorter than the time required to prepare the documents separately.

(e) The time limits for taking final action on a permit for a development project may also be waived where a combined EIR-EIS will be prepared. The time limits for processing permits for development projects under Government Code Section 65950—65960 shall not apply if federal statutes or regulations requires time schedules which exceed the state time limits.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City shall provide notice of the availability of a draft EIR at the same time as it sends a notice of completion to the Resources Agency. Notice shall be given to organizations and individuals previously requesting notice by at least one of the following procedures:

(1) Publication at least one time in a newspaper of general circulation in the area affected by the proposed project.

(2) Posting of notice on and off the site in the area where the project is to be located.

(3) Direct mailing to owners of property contiguous to the project as those owners are shown on the latest equalized assessment roll.

(b) Review periods for draft EIRs should not be less than 30 days nor longer than 90 days except in unusual situations. The review period for draft EIRs when a state agency is a responsible agency shall be at least 45 days unless a shorter period is approved by the State Clearinghouse.

(c) The City shall use the State Clearinghouse to distribute draft EIRs for review and should use area wide clearinghouses to distribute the documents to regional and local agencies.

(d) The City should furnish copies of draft EIRs to appropriate public library systems and in offices of the City.

(e) The City should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and special expertise with respect to various projects and project locations to be used as a guide in determining which agencies should be consulted with regard to a particular project.

(f) Public hearings may be conducted on the draft EIR, in separate proceedings or in conjunction with other proceedings of the public agency.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The City shall consult with and request comments on the draft EIR from:

(1) Responsible agencies;

(2) Trustee agencies with resources affected by the project; and

(3) Other state, federal, and local agencies which exercise authority over resources which may be affected by the project.

(b) The City may consult directly with any person who has special expertise with respect to any environmental impact involved.

( Ord. No. 14-725, § 1, 10-21-2014 )

(a) The Reviewing body shall evaluate comments on the draft EIR and prepare a written response.

(b) The written response shall describe the disposition of significant environmental issues raised. In particular, the major issues raised when the City's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response. Conclusionary statements unsupported by factual information will not suffice.

(c) The response to comments may take the form of a revision to the draft EIR or may be a separate section in the final EIR.

( Ord. No. 14-725, § 1, 10-21-2014 )

The final EIR shall include:

(a) The draft EIR or a revision of the draft.

(b) Comments and recommendations received on the draft EIR verbatim or in summary.

(c) A list of persons, organizations, and public agencies commenting on the draft EIR.

(d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process.

(e) The Reviewing body shall certify the final EIR is completed in compliance with CEQA and the Reviewing body has reviewed and considered the information contained in the EIR prior to approving the project.

( Ord. No. 14-725, § 1, 10-21-2014 )

The City Manager shall file a notice of determination following each project approval for which an EIR was considered. The notice shall include:

(a) An identification of the project including its common name where possible and its location.

(b) A brief description of the project.

(c) The date when the Reviewing body approved the project.

(d) The determination of the Reviewing body whether the project in its approved form will have a significant effect on the environment.

(e) A statement an EIR was prepared and certified pursuant to the provisions of CEQA.

(f) A description of the mitigation measures and method of monitoring the mitigation measures.

(g) Whether a statement of overriding considerations was adopted for the project.

(h) The address where a copy of the EIR and the record of project approval may be examined.

( Ord. No. 14-725, § 1, 10-21-2014 )