Chico Municipal Code Art. IV Procedures for Conducting Initial Studies

If a project for which the City is the lead agency has not been identified as exempt from the provisions of CEQA, pursuant to Articles II and III of these provisions, an initial study shall be conducted to determine if the project may have a significant effect on the environment.

Projects for which the City is a responsible agency shall be processed pursuant to the provisions of Article VIII.

(Ord. 2067)

A. Environmental Questionnaire. The applicant shall provide a completed environmental questionnaire in the form and containing the information determined by the director. The director may require an applicant to also submit additional information, including technical reports prepared by qualified consultants to aid in the preparation of adequate environmental documents.

B. Determination of Environmental Baseline. The environmental baseline for a project is the description of all of the physical environmental conditions in the vicinity of a project.

1. For purposes of CEQA, the environmental baseline of a project shall be determined pursuant to State Guidelines Section 15125 prior to preparation of an EIR or negative declaration.

2. For purposes of this chapter, the director may also include within a project’s environmental baseline any significant effects on the environment on the project site resulting from past activities or uses on the project site, or in the vicinity of the project site, that were commenced or maintained in violation of (1) any law or regulation prohibiting or restricting such activities or uses, or (2) any condition of approval or mitigation measure for any subdivision, permit or other entitlement previously approved or issued for the project site. As to any significant effect from actual or alleged prior unlawful activity, the director shall consider whether including the effect in the baseline will (1) interfere or conflict with or unfairly amplify any pending enforcement action by any state or federal agency with jurisdiction over that activity, or (2) complement any pending enforcement action by the city as to that activity. As to any significant effect from a violation of a condition or mitigation measure of a prior approval for a project or use on the project site, or on adjacent property owned by the project applicant at the time of the violation, the director shall consider whether the applicant’s project, as proposed, will mitigate, exacerbate or have no impact on that significant effect.

C. Initial Study Checklist. Based on the environmental questionnaire and other information available or required of the applicant, an initial study checklist shall be prepared on a form and contain the information determined by the director and the State Guidelines. The initial study checklist and supporting information, together with the environmental questionnaire, shall comprise the initial study.

D. Mitigation Measures. The initial study shall identify feasible mitigation measures, including but not limited to changes in a project, that would enable significant impacts, as identified in the initial study and measured against the environmental baseline, to be avoided or substantially reduced. Whenever feasible, mitigation measures shall be tangible, specific actions that will avoid or substantially lessen significant environmental impacts and shall specify the mitigation objective, specific changes to be made in the project and mitigation actions to be taken, the entity responsible for implementation, and an implementation schedule.

(Ord. 2067, Ord. 2312 §13, Ord. 2364 §34)

A. City Staff and Trustee Agencies. Upon the determination that an initial study will be required, the department may consult informally with City departments and trustee agencies having purview in areas affected by the project to obtain their recommendations on the scope of significant environmental impact issues, mitigation measures and whether an EIR, negative declaration, or mitigated negative declaration should be prepared.

B. Interested Parties. The department may also consult with interested parties, neighborhood or environmental groups or others who may have knowledge or special expertise with respect to the project or possible significant effects.

(Ord. 2067, Ord. 2364 §35)

The department shall consult with the project applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the initial study. The willingness of the applicant to modify a project shall be demonstrated in a mitigated negative declaration signed by the applicant. Mitigation measures may not be imposed by a mitigated negative declaration without the applicant’s consent; however, without the applicant’s written consent, an EIR will be required to assess any significant environmental impacts of the project.

(Ord. 2067, Ord. 2268, Ord 2264 §36)

A. Responsible Agency Consultation. Prior to a determination whether an environmental impact report or negative declaration is required, the City shall consult with all other public agencies which have responsibility for carrying out or approving the project.

B. Basis of Determination.

1. Negative Declaration. Where the initial study demonstrates that a project will not have a significant effect on the environment, the director shall prepare a draft negative declaration pursuant to Article 6 of the State Guidelines and Article V of this chapter.

2. Mitigated Negative Declaration. Where the initial study demonstrates that, with mitigation agreed to by the project applicant, a project will have an impact of less than significant on the environment, a proposed mitigated negative declaration shall be prepared pursuant to Article 6 of the State Guidelines and Article V of this chapter.

3. Environmental Impact Report. Whenever it has been determined by the director that there is substantial evidence of a fair argument that a proposed project may have a significant environmental impact, an EIR shall be prepared pursuant to the State Guidelines and this chapter. If any aspects of the project, either individually or cumulatively, may cause a significant adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. The existence of a public controversy alone does not, without substantial evidence of a fair argument of a significant environmental impact, require preparation of an EIR.

4. Use of an EIR from a Previous Project. An EIR prepared for a previous project may be used for a later project if the circumstances of both projects are essentially the same. The EIR prepared for the previous project shall be publicly noticed as the draft EIR for the later project and processed pursuant to Article VI of this

5. Withdrawal of Decision. If, prior to approval of a negative declaration or mitigated negative declaration, there is substantial evidence of a fair argument that the proposed project may result in a significant impact, the director shall examine this information and determine whether to withdraw the negative declaration from further review and notify the applicant that an EIR is required, notwithstanding sections of this code to the contrary.

(Ord. 2067, Ord. 2364 §37)