Coalinga Municipal Code Art. 8 Environmental Review

(a) This section establishes procedures for conducting environmental review to meet the requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). These provisions are also intended to insure that the City of Coalinga's decision-makers and the public are informed about the potentially significant environmental effects of proposed activities.

(b) CEQA applies to projects that require discretionary approval by a government agency. Projects subject to CEQA are defined as activities initiated by a public agency or private entity, which must receive public agency approval, and which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment. Examples of such private activities include subdivisions, rezonings, and use permits.

(c) Environmental review is integrated with the discretionary review provisions that this chapter establishes, to promote the incorporation of environmental review into the planning and review of projects. These procedures apply to all projects sponsored or assisted by the City and to all private projects requiring any discretionary approvals from the City. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail.

(d) CEQA is an independent technical review of the project for environmental impacts and the applicant shall not apply undue influence or pressure on the CEQA process. Per California Public Resources Code 15020, each Public Agency is responsible for complying with CEQA and these guidelines, and shall not rely on comments from other Public Agencies or private citizens as a substitute for work CEQA requires the lead agency to accomplish.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Filing of forms. applicants shall prepare and file an Initial Environmental Assessment form together with the submittal of project applications.

(b) Preliminary review. Within thirty (30) days after receiving an application, the Community Development Director shall conduct a preliminary environmental review based on the filed Initial Environmental Assessment and other existing information about the subject site. The Community Development Director will identify issues to decide which level of environmental review is appropriate for the project, and may require the applicant to submit additional information.

(c) Levels of environmental review and determination of environmental significance. A determination of the appropriate level of environmental review shall be made by the Community Development Director, in compliance with the most current CEQA regulations and guidelines. These levels include:

(1) Exempt projects. Project types that do not require environmental review, or projects determined to receive a Categorical Exemption. Typical exemptions include the replacement or reconstruction of existing structures, historical resource restoration, and infill development, as defined by the CEQA Guidelines.

(2) Initial study (IS). Projects that have potential impacts that need to be analyzed. An Initial Study that concludes that there are no significant impacts will result in a Negative Declaration (ND). An Initial Study that concludes that there are significant impacts, but can be mitigated to a less-than-significant level, will result in a Mitigated Negative Declaration (MND). When the IS finds that an MND is required, implementation of all mitigation measures found to be necessary in the MND will be required conditions to obtain a permit approval from the City.

(3) Environmental impact report (EIR). Projects that have significant potential impacts will be analyzed through an EIR. A project may not be approved as submitted if feasible project alternatives are found to be able to reduce the significant environmental effects of the proposed project.

(d) Necessary CEQA analysis for project approval. A project/permit application shall not be complete if it does not include the applicable CEQA analysis, and/or does not follow the applicable CEQA process.

(e) Early public consultation, also called "scoping." Per California Public Resources Code 15083, prior to completing a Draft EIR, the lead agency may consult with any person or organization it believes will be concerned with the environmental effects of the project to solve potential problems before they arise in a more serious form later in the review process. Scoping has been found to help agencies identify potential major issues and effects, and avoid costly redundant analysis later on in the process. Scoping has also been found to be an effective way to resolve the concerns of affected agencies and interested persons. Scoping is necessary when preparing an EIR/EIS jointly with a federal agency.

(f) Public notice of environmental determination. The Community Development Director will provide the appropriate public notices of the proposed environmental determination in a newspaper of general circulation, at City Hall, and with the County Clerk. A Negative Declaration or Mitigated Negative Declaration requires a Notice of Intent and Notice of Determination. An EIR requires a Notice of Preparation, Notice of Availability, and Notice of Determination.

(g) Public review period and notification of agencies. CEQA law requires a public review period of the draft environmental review document. Environmental documents subject to State agency review or which are of statewide, regional, or area-wide significance must be distributed through the State Clearinghouse per CEQA Guidelines, to notify State permitting agencies of the review period and giving them the opportunity to respond.

(h) Lead agency/deciding authority. As lead agency, the City will be responsible for deciding of the applicable CEQA process, based on the results of the initial analysis and findings of the Initial Study.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) Program contents. For projects approved with a Mitigated Negative Declaration or in conjunction with certification of a Final EIR, the City shall approve a Mitigation Monitoring and Reporting Program (MMRP).

(b) Enforcement. Failure to comply with the conditions and requirements of an approved MMRP shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement. See Article 12, Enforcement, of this chapter.

(c) Modification of mitigation program not permitted following adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this chapter authorize the City to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired results.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The City may contract with qualified consultants for the preparation of the appropriate environmental documents, including technical studies. The Community Development Director, or his or her designee, shall negotiate and prepare an agreement for the retention of environmental consultants for each environmental study. The applicant shall be responsible for the full cost of the environmental services.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)