Hesperia Municipal Code § 16.12.415 CEQA regulations

Footnotes:

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Editor's note— Ord. No. 2011-04, § 3(Exh. A), adopted May 3, 2011, amended Art. XIII in its entirety to read as herein set out. Former Art. XIII, §§ 16.12.410—16.12.435, pertained to similar subject matter. See the Ordinance List and Disposition Table for full derivation.

A. Incorporation of State CEQA Guidelines. The CEQA guidelines set for the procedures which shall be used by the lead agency in the implementation of the California Environmental Quality Act of 1970 (CEQA), as amended. The Public Resources Code Section 21000 et seq. ("CEQA") and the state CEQA guidelines as amended are incorporated herein by reference. These guidelines shall apply to any activity or action considered a project within city boundaries and its sphere of influence for proposed annexations.

B. Intent. The intent of CEQA is to ensure adequate consideration and analysis of potential environmental impacts anticipated to result from approval of discretionary actions, while streamlining the environmental review process to the extent allowed by law.

Local guidelines are intended to give decision makers and the public a general understanding of CEQA requirements. State guidelines are intended to be used in conjunction with local guidelines. If there is any discrepancy between local and state CEQA guidelines, the state guidelines shall rule.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

A. Determining if CEQA is Applicable. The director of development services or his/her designee shall determine whether or not the activity is a "project" subject to CEQA as defined in this article and Section 15378 of the state CEQA guidelines.

B. Determining Project Exemption. If the activity is a project under CEQA, the director of development services or his/her designee shall determine if the project is exempt from environmental review. Exemptions shall be determined pursuant to Article 18 and 19 of the state CEQA guidelines. In addition, the following activities or actions shall be exempted from CEQA:

1. Lot mergers for two or more parcels;

2. Lot line adjustments not resulting in the creation of any new parcel;

3. Minor exceptions and variances;

4. Applications for accessory dwelling units, educational animal projects, certificates of correction, and certificates of compliance;

5. Extension requests for approved projects, provided the extension request seeks no increase in previously approved entitlements;

6. An infill project which is consistent with the general plan and zoning or specific plan and on a project site of no more than five acres which is substantially surrounded by existing development.

7. Parcel maps involving four or fewer parcels for residential uses, or parcel maps for commercial, and industrial uses provided the parcel map is consistent with the general plan and zoning or specific plan;

8. Temporary special events involving less than one thousand (1,000) attendees; and the event is consistent with the general plan, and zoning or specific plan.

9. Discretionary land use approvals that are consistent with an approved specific plan or planned development, for which an environmental finding has already been adopted by the city;

10. Development code and specific plan amendments which do not propose to increase the density or intensity allowed in the general plan.

C. Submission of Data by Applicant. The lead agency may require the applicant to submit any data or information which may be necessary for the lead agency to determine whether the project may have a significant effect on the environment and to assist in the preparation of an initial study, negative declaration, mitigated negative declaration, or EIR by the lead agency.

D. Reviewing Authority.

1. The reviewing authority authorized by the development code to act on the project shall be responsible for making the environmental determination, except the planning commission or city council shall decide to certify an environmental impact report (EIR). Decisions by the director of development services or his/her designee, the development review committee, or the planning commission may be appealed pursuant to Section 16.12.055.

2. Prior to approving the project, the reviewing authority shall independently review and analyze the negative declaration and any comments received by the lead agency concerning the negative declaration and adopt or disapprove the negative declaration, mitigated negative declaration or EIR.

E. Public Notice. Notices shall be published at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. Public notice of the proposed negative declaration may also be given at the same time and in the same manner as the public notice of the project required by Section 16.12.010.

F. Preparation of required documentation and supported technical studies may be done by the city, consultant hired by the city, or consultant hired by the project proponents. All documentation shall be prepared under direct supervision of the city. All documentation will be reviewed by and completed to the satisfaction of the city, and shall reflect the city's independent judgment and analysis.

(Ord. 2011-04, § 3(Exh. A), 5-3-11; Ord. No. 2021-01, 3(Exh. A), 6-1-21)

A. The planning division shall conduct an initial study based on available information and any special analysis or study necessary to fully evaluate impacts. All phases of project planning, implementation, and operation must be considered in the initial study of the project. The initial study will determine if the project may have a significant effect on the environment.

B. If the initial study shows that there is no substantial evidence that the project may have a significant environmental effect, a negative declaration shall be prepared. If the project would cause significant environmental effects, but mitigation measures are available to reduce impacts to a less than significant level, a mitigated negative declaration shall be prepared. If the initial study shows that the project would cause significant environmental effects that cannot be reduced to a less than significant level with mitigation, an environmental impact report ("EIR") shall be prepared.

C. The initial study questions attached to the state CEQA guidelines as an appendix shall be the initial study used by the lead agency.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

The reviewing authority shall determine, based on substantial evidence, if a project may have a significant effect on the environment.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

A proposed negative declaration shall be prepared for a project when the initial study shows that there is not substantial evidence that the project may have a significant effect on the environment.

A proposed mitigated negative declaration shall be prepared for a project when the initial study identifies potentially significant effect, but can be reduced to a less than significant level or eliminated by requiring mitigation measures.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

If the lead agency finds after an initial study, and despite any mitigation measures that, in light of the whole record, there is substantial evidence that the project may have a significant effect on the environment the lead agency shall prepare or cause to be prepared an environmental impact report.

An EIR shall be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. The existence of a public controversy over the environmental effects of a project shall not require preparation of an EIR if there is no substantial evidence, in light of the whole recorded before the lead agency, that the project may have a significant effect on the environment. Arguments, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social and economic impacts which do not contribute to, or are not caused by, physical impact on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

Mitigation or mitigation measures required as part of any adopted mitigated negative declaration or certified EIR shall be enforced by the lead agency as law.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

Tiering refers to using an analysis in an EIR previously certified such as for the general plan or specific plan. Tiering is encouraged in order to focus the analysis of the later EIR or negative declaration solely on the issues specific to the later project. Tiering shall be limited to situations where the project is consistent with the general plan, zoning or specific plan of the city in which the project is located.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)

A notice of determination shall be filed with the county clerk immediately after the approval of the project. The applicant shall be responsible for paying the county clerk and California Department of Fish and Game fees. A notice of determination is not required for categorically or statutory exempt projects.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)