Exeter Municipal Code Ch. 18.08 Environmental Quality

Footnotes:

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State Law reference— For statutory provisions on environmental impact reports, see Pub. Res. Code §21000 et seq.

The ordinance codified in this chapter shall comprise and shall be known as the "Environmental Quality Ordinance of the city of Exeter."

(Ord. 294 §2, 1973)

The purpose of this chapter is to set forth principles, objectives, criteria, and rules to be used in the implementation of the State of California Environmental Quality Act of 1970, as amended, so as to ensure the orderly evaluation of projects, the thorough preparation of environmental impact reports, and the preservation and conservation of the environment in the city.

(Ord. 294 §1, 1973)

A. Unless the particular provision or context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 4, Division 6, Title 14 of the California Administrative Code shall also govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it or from which it is a derivative, as the case may be.

B. "Applicant" means the person applying for a lease, permit, approval, authorization, or other entitlement from the city, or the city department proposing to initiate any project.

C. "Commission" means the planning commission of the city.

D. "Decision making authority" means the person or body which is empowered with the authority to approve or disapprove a public or private project (e.g., department head, city manager, planning commission, city council.)

E. "Environmental coordinator" means the city manager of the city, and/or such city employee or agent as may be so designated by the city manager.

(Ord. 294 §3, 1973)

Prior to or concurrently with the application for any contract, grant, subsidy, loan lease, permit, license, certificate, or other entitlement from the city or the initiation of any project by the city, the applicant, or the city department initiating such project, shall prepare and submit to the environmental coordinator of the city, on a form furnished by the city, an environmental assessment of the proposed activity or project. Such assessment shall include the following information:

A. Description of the project;

B. Location of the project;

C. Preliminary plans and drawings, if available;

D. Such additional data as the environmental coordinator deems necessary to properly evaluate the impact of the proposed project on the environment.

(Ord. 294 §4, 1973)

A. The environmental coordinator shall review the environmental assessment, together with any plans or attachments thereto, to determine whether the proposed activity constitutes a discretionary project which may have a significant effect on the environment. In doing so, the environmental coordinator may solicit the advice and recommendations of all city departments or other public agencies that may be affected by the proposed activity, and those of private persons or organizations which have expressed an interest in the environmental impact of the proposed activity. The environmental coordinator shall also be guided by the public policy, legislative intent, and standards set forth in the State of California Environmental Quality Act of 1970, as amended, and by the criteria, purposes and policies set forth in Division 6, Title 14 of the California Administrative Code.

B. The environmental coordinator shall return the environmental assessment to the applicant within ten working days after his receipt thereof, together with one of the following:

1. A stamp or other annotation indicating that no environmental impact report is required because:

a. The proposed activity does not constitute a project,

b. The proposed activity is ministerial,

c. The proposed activity will not have a significant effect on the environment,

d. The proposed activity constitutes an emergency,

e. The proposed activity is within the categorical exemptions contained in Division 6, Title 14 of the California Administrative Code,

f. The proposed activity is part of a phased project or a group of projects for which an EIR has previously been submitted and approved in accordance with this chapter, and there are no substantial changes in the proposed project or the circumstances surrounding such project which involve new environmental impacts not considered in the original EIR, or,

g. The environmental effects of the proposed activity are similar enough to and warrant the same treatment as those addressed in another project for which an EIR has previously been submitted and approved in accordance with this chapter;

2. A written statement indicating that an EIR is required, together with the reasons for such conclusion;

3. A written statement indicating why the assessment is insufficient to enable him to make either of the findings set forth in this section.

(Ord. 294 §5, 1973)

In those cases covered by Section 18.08.050(B)(1)(c) of this chapter, the environmental coordinator shall file, after fifteen days availability and locally published notice of the availability to the general public, a negative declaration and a notice of determination with the county clerk containing the nature and description of the project and indicating that it will have no significant effect on the environment. In all other instances, a notice containing the nature and description of the proposed activity and a copy of the environmental coordinator's findings relative thereto shall be filed with the city clerk, and locally published notice of the findings and availability given to the general public.

(Ord. 294 §6, 1973; Ord. 312 §1, 1974)

A. Within fifteen days after the filing of the environmental coordinator's findings in accordance with Section 18.08.060 of this chapter, any interested person, including the applicant, may appeal to the planning commission by filing with the city clerk a written appeal stating the appellant's address, his interest in or relationship to the proposed activity, the decision or action being appealed from, and specific reasons why such decision or action should not be upheld. Any appeal which does not contain the required information shall be rejected.

B. Upon the filing of an appeal containing the required information, the decision of the environmental coordinator shall be set aside and the matter set for public hearing before the commission. The city clerk shall set the time and place of the hearing, which shall be within thirty days after the filing of the appeal. Notice of such hearing shall be published at least once ten days or more in advance of the date set therefor in a newspaper of general circulation in the city.

C. At the conclusion of the hearing, the commission may reverse, modify, or affirm the findings of the environmental coordinator. Failure of the commission to take such action at the close of the hearing shall constitute a denial of the appeal unless action on the matter is continued to a later date. A modification of the action or finding appealed from shall constitute a denial of any portion not so modified or specifically affirmed.

D. A notice of the decision of the commission shall be filed with the notice of findings which had been previously filed in accordance with Section 18.08.060, and a copy of the notice of decision shall be mailed to the appellant at the address stated in his appeal.

(Ord. 294 §7, 1973)

Notwithstanding Sections 18.08.010 through 18.08.070 of this chapter, any person or city department intending to carry out a project may determine that his project may have a significant effect on the environment, without submitting an environmental assessment, and proceed as if the environmental coordinator has made such a finding.

(Ord. 294 §8, 1973)

A. Any person or city department proposing to carry out an activity which has been determined pursuant to Sections 18.08.050(B)(2), 18.08.070(C), or 18.08.080 of this chapter to require the preparation of an EIR, shall prepare a draft EIR. The draft EIR for private projects shall be submitted in ten copies to the environmental coordinator with the permit application, subdivision map, or other form of request for a contract, loan, grant, lease, permit, license, certificate, or other entitlement from the city. Upon receipt or completion of a draft EIR, the environmental coordinator shall:

1. Review the draft EIR to determine whether it satisfies the intent, standards and criteria of the State of California Environmental Quality Act of 1970, Division 6, Title 14 of the California Administrative Code, and this chapter. The environmental coordinator may also contact for the procurement of any further testing or data which he deems necessary to make this determination and which the applicant fails or refuses to provide within a specified period of time;

2. Furnish or make available copies of the draft EIR and additional data, if any, to all city departments or other public agencies which have jurisdiction by law to regulate or approve all or any part of the project, together with a request for their comments on the environmental effects of such project. The responsible agency may also make copies of the draft EIR available to and request comments on the environmental effects of such project from any persons or organizations which have expressed an interest in the environmental impact of the project. All such departments, agencies, persons and organizations which fail to respond to such solicitation within thirty days shall be deemed to have no objections to the EIR as submitted;

3. Publish a notice at least once in a newspaper of general circulation in the city to the effect that such draft EIR has been submitted or prepared and is available for examination in the office of the city clerk, and that public comment thereon may be submitted to the responsible agency within ten days of the date of such publication;

4. Schedule and hold a public hearing before the city council in accordance with Section 12-401D whenever the environmental coordinator determines that such hearing would facilitate the purposes of the Environmental Quality Act of 1970. The environmental coordinator shall present the draft EIR at such hearing and record or summarize the public comment presented thereat;

5. File an official notice that a draft EIR has been prepared with the Secretary of the Resources Agency of the state.

B. Within thirty days of the date the draft EIR is filed with the environmental coordinator, the expiration date for comments from other departments or public agencies, or the date of the public hearing, if any, whichever is the latest, the environmental coordinator shall attach all written comments received, together with the record of all testimony given at a public hearing, if any, or a summary thereof, to the draft EIR. The environmental coordinator shall further respond to any negative comments contained in such attachments and shall prepare his own conclusion regarding the environmental effects of the proposed project and his recommendation for or against the proposed project. The draft EIR and comments, conclusions and recommendations attached thereto, shall thereupon be processed with the permit application, subdivision map, or other form of request for approval of the project, in accordance with the procedures prescribed therefor in this chapter and presented to the city council concurrently with such application. The city council shall certify the draft EIR, with the additional data, comments, conclusions and recommendations attached thereto, as a final EIR and shall consider the contents thereof when making a decision to approve or disapprove the project.

C. After making a decision on the project, the city council shall file a notice of determination with the county clerk and the city clerk.

(Ord. 294 §9, 1973; Ord. 312 §§2, 3, 4, 1974)

In order to cover the expense of preparing and processing EIR's negative declarations, environmental assessments, and related documents, the council shall adopt by resolution an appropriate fee schedule. In addition, the cost of procurement of any additional testing or data required because of the insufficiency of a draft EIR submitted by the applicant shall be added to the fees collected from him, and the same shall constitute a debt owing the city. No application for a contract, grant, subsidy, loan, lease, permit, license, certificate, or other entitlement shall be accepted by the city until an EIR has been prepared, where required, and/or until the fees described in this chapter have been paid.

(Ord. 294 §10, 1973)

A. Ministerial projects are exempt from the operation of this chapter.

B. The following permits, approvals, authorizations or entitlements, and all permits, approvals, authorizations, or entitlements heretofore or hereafter prescribed, required or authorized by this code, or any ordinance or resolution of the city and deemed by the environmental coordinator to be similar thereto, are deemed ministerial for the purposes of this section:

1. Building permits, including plumbing, electrical, heating, and air conditioning;

2. Business licenses;

3. Final subdivision maps;

4. Approval of individual utility service connections and disconnections.

5. Emergency repairs to public service facilities necessary to maintain service.

(Ord. 294 §11, 1973)