Chico Municipal Code § 1.40.010 Purpose and authority; limits of chapter

A. The purpose of these guidelines is to establish a procedural framework for environmental review of projects subject to review under the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and other activities subject to review under these guidelines.

B. This chapter is adopted pursuant to the municipal affairs provisions of the city charter and shall be known as the “City of Chico Environmental Review Guidelines.” Provisions of these guidelines that establish objectives, criteria and procedures for the preparation of environmental impact reports and negative declarations pursuant to CEQA and that are consistent with CEQA and the State Guidelines shall also be deemed to be adopted pursuant to Public Resource Code section 21082.

C. Nothing in this chapter shall be deemed or construed to negate or limit the authority of the city under the Constitution of California, the city charter, state statutes or the common law to limit, condition or prohibit activities that cause or allow, or may cause or allow, significant environmental impacts to occur.

(Ord. 2067, Ord. 2113 §2, Ord. 2312 §4 )

This chapter is not intended to replace the State Guidelines, Title 14 (commencing with Section 15000) of the California Code of Regulations. However, the environmental review guidelines adopted in this chapter, and determinations made under these guidelines, may impose procedural or substantive requirements that exceed the requirements of CEQA or the State Guidelines.

(Ord. 2312 §6)

Any provision of this chapter specifying notification and review procedures, other than those required by CEQA, shall be deemed directory rather than mandatory.

(Ord. 2067, Ord. 2312 §7)

A. Definitions Adopted by Reference. Those definitions set forth in Article 20 (commencing with section 15350) of the State Guidelines are incorporated herein by reference.

B. Supplemental Definitions.

1. “Administrative decision” means a final action by the community development director or other authorized city staff member on the environmental review of a proposed project or modification of an approved project, or enforcement of any mitigation measure or monitoring requirement imposed as a condition of approval or included within a mitigation monitoring program for an approved project. Decisions which require final action by a decision-making body are not administrative decisions for the purposes of this chapter.

2. “Aggrieved person” means a person aggrieved by any decision-making body of the city regarding the administration of this chapter.

3. “Applicant” means a person, agency, organization or other entity that has submitted an application form and an environmental questionnaire to the city or other local, state or federal agency seeking approval of one or more entitlements from these governmental agencies.

4. “Days” means calendar days unless otherwise indicated.

5. “Decision-making body” means either a city officer or employee or a body such as the city council, planning commission, park and playground commission, airport commission, architectural review board or other body responsible for a final determination to approve, conditionally approve or disapprove a project.

6. “Department” means the community development department.

7. “Director” means the community development director or designee.

8. “Draft negative declaration” means a negative declaration or mitigated negative declaration prepared for but not yet adopted by the appropriate decision-making body.

9. “Environmental document” means an environmental impact report or negative declaration of any kind authorized or required to be prepared under CEQA or this chapter and any other study of actual or potential environmental impacts or conditions that is authorized or required to be prepared pursuant to this chapter.

10. “Private project” means the whole of an action which has a potential for resulting in a physical impact on the environment, directly or ultimately, that is any of the following:

a. An activity undertaken by a private person or by a non-governmental entity supported in whole or in part through public agency contracts, grants, subsidies, loans or other forms of assistance from one or more public agencies;

b. An activity involving the issuance of a discretionary or quasi-judicial permit or entitlement to a private person or non-governmental entity;

c. An application by a private person or a non-governmental entity proposing enactment or amendment of zoning or subdivision regulations, amendment of the general plan or elements thereof, enactment or amendment of a specific plan, rezoning, or other legislative acts involving the use or regulation of real property; or

d. A violation of any condition of approval or mitigation measure applicable to any subdivision or any permit or other entitlement the city approved for or issued to a private person or non-governmental entity, regardless of whether the condition is imposed by law, or as a mitigation measure, or as a component of a mitigation monitoring program.

11. “Public project” means a project that is directly undertaken by:

a. A city department or agency and is subject to environmental review under CEQA; or

b. Another public agency and that requires discretionary action by a city decision-making body, a mutual agreement with the city, or issuance of a permit or other entitlement by the city to that agency.

12. Provided,” for purposes of notification, means either directly delivered to the noticed party or placed in a mail receptacle.

13. “Recommending body” means the city board, commission or other body that has the responsibility to recommend approval, conditional approval or disapproval of a project to the decision-making body which will take final action on the project.

14. “Responsible city department”means the city department which has the primary responsibility for administering a project.

15. “State Guidelines” means the guidelines for implementation of CEQA published by the California Secretary of Resources in Title 14 (commencing with Section 15000) of the California Code of Regulations.

16. “Third-party contract” means a written agreement or agreements between the city and qualified consultants selected by the city to perform services in conjunction with a written agreement by the project applicant to reimburse the costs of those services to the city.

(Ord. 2067, Ord. 2268, Ord. 2312 §8, Ord. 2364 §24, Ord. 2439 §16)

A. Director. Except as otherwise indicated herein, the director shall administer this chapter. The director's duties include but are not limited to:

1. Determining whether a project is exempt from environmental review;

2. Conducting an initial study;

3. Determining whether a negative declaration or mitigated negative declaration must be prepared;

4. Preparing or causing preparation of a negative declaration or mitigated negative declaration;

5. Determining whether a draft environmental impact report (EIR), subsequent EIR, supplemental EIR, addendum to an EIR, or other environmental document must be prepared;

6. Preparing or causing preparation of an EIR, subsequent EIR, supplemental EIR, addendum to an EIR, or other environmental document;

7. Filing notices required or authorized by CEQA, the State Guidelines, or this chapter;

8. Consulting with and obtaining comments on environmental documents from city departments, other public agencies and the public;

9. Developing procedures for monitoring and enforcing mitigation measures;

10. Selecting qualified third-party consultants to perform environmental work;

B. Decision-Making Body. Adoption of a negative declaration or mitigated negative declaration, certification of an EIR, or approval of any other environmental document prepared pursuant to this chapter, shall be the responsibility of the decision-making body responsible for final action on the project for which the document was prepared.

(Ord. 2067, Ord. 2312 §9, Ord 2364 §25)

A. Filing and Notice. Any person aggrieved by any administrative decision made under this chapter or any decision of a decision-making body (other than the city council) to approve an environmental document may appeal that decision to the city council within ten (10) days of the decision by filing an appeal with the city clerk on a form provided by the clerk. Filing of an appeal is accomplished by physical delivery to the clerk of the original of the appeal form signed by the aggrieved person and payment to the clerk of any appeal fee established by resolution of the council. The clerk shall schedule the appeal for consideration by the council at a regular council meeting and shall mail notice to the applicant and the appellant of the date, time and place of that meeting.

B. Review of Record. Consideration of the appeal by the council shall consist of a review of the grounds for the appeal set forth in the appeal form, any materials filed by the appellant with the form, and the record of the decision appealed, as provided to the council by the director. Consideration of the appeal does not require a public hearing at which evidence is required to be taken, but the appellant, the applicant and other persons may comment on the materials filed by the appellant and the record provided by the director.

(Ord. 2067, Ord. 2312 §10, Ord. 2364 §26)

A. Submission of Information. Any person may submit written factual information about a project to the director for preparation of an initial study or during the public comment period for any draft environmental document prepared for the project. The director may include such information in the document to the extent that the information is found to be accurate and relevant to anticipated or potential environmental impacts of the project.

B. Request for Notice. Any person may request that the director provide notice of the preparation of an environmental document for a specific project location or project type. The city may charge a fee for such notice in an amount established by resolution of the city council.

(Ord. 2312 §12, Ord. 2364 §27)

The director, with the approval of the City Manager, may select and enter into third party contracts with qualified environmental professionals to perform environmental studies or prepare environmental documents as deemed appropriate by the director. Project applicants may submit environmental studies or documents from environmental professionals of their own choice; however, such submittal shall not obviate the need for additional study and documentation by independent third party professionals.

(Ord. 2067, Ord. 2364 §28)

The project applicant shall be assessed fees as established by resolution of the City Council for environmental documentation, studies, or mitigation monitoring procedures, or an amount sufficient to cover the full cost of third party environmental work.

(Ord. 2067)