Merced Municipal Code Ch. 19.08 Definitions

Whenever the following words are used in this title, unless otherwise defined, they shall have the meaning ascribed to them in this chapter. These definitions are intended to clarify, but not to replace or negate the definitions used in California Environmental Quality Act and the Guidelines of the California Environmental Quality Act of 1970.

(Ord. 1136 § 1, 1975: prior code § 2.67).

"Applicant" means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement to use or financial assistance from one or more public agencies when that person applies for governmental approval or assistance.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.1).

"Approval of a project," to be carried out by the city occurs on the date when public expenditures are authorized for acquisition of property. If no property acquisition is to be involved, approval occurs on the first date public funds for the project are authorized. Approval of a city budget designating funds for a project does not constitute approval of a project, within the meaning of this chapter. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.2).

"California Environmental Quality Act (CEQA)" means California Public Resources Code Sections 21000, et seq.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.4).

"Categorical exemption" means an exception from the requirements of CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.3).

"City" means the city of Merced.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.5).

"Cumulative impacts" refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects.

(Ord. 1195 § 6, 1977: prior code § 12.67.29).

"Discretionary project" means a project which requires the exercise of judgment, deliberation or decision on the part of the public agency or body in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency or body has to determine whether there has been conformity with applicable statutes, ordinances or regulations.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.6).

"Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.7).

"Environment" means the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise and objects of historic or aesthetic significance.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.8).

"Environmental documents" means draft and final EIR's, initial studies, negative declarations, notices of completion, notices of determination and environmental clearance reports.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.9).

"Environmental impact report (EIR)" means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in CEQA and may mean either a draft or final EIR. An environmental impact report is an informational document which, when fully prepared in accordance with CEQA and this title, will inform public decision-makers and the general public of the environmental effects of projects they propose to carry out or approve. The information in an EIR constitutes evidence that a public agency shall consider along with any other information which may be presented to the agency. Economic information may be included in the EIR.

(Ord. 1236 § 1, 1978: Ord. 1136 § 2 (part), 1975: prior code § 2.67.10).

"Draft EIR" means an EIR containing the information required by the city council, as set forth in an ordinance or resolution adopted by that body.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.11).

"Final EIR" means the EIR containing the information contained in the draft EIR, comments, either verbatim or in summary, received in the reviewing process, a list of persons commenting, and the response of the lead agency to the comments received.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.12).

"Environmental impact statement (EIS)" means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA). The federal government uses the term "EIS" in the place of the term "EIR," which is used in the CEQA.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.13).

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(Ord. 1195 § 1, 1977: Ord. 1136 § 2 (part), 1975: prior code § 2.67.14).

"Initial study" means a preliminary analysis based on an environmental review checklist by the lead agency pursuant to Section 19.16.010 to determine whether an EIR or a negative declaration must be prepared. The purposes, contents, and uses of an initial study are defined in California Administrative Code, Title 14, Division 6, Chapter 3, Section 15000, et seq., otherwise known as, Guidelines for Implementation of the California Environmental Quality Act of 1970.

(Ord. 1844 § 6, 1993: Ord. 1195 § 2, 1977: Ord. 1136 § 2 (part), 1975: prior code § 2.67.15).

A. "Jurisdiction by law" means the authority of any public agency:

1. To grant a permit for or provide funding for the project in question; or

2. To exercise authority over resources which may be affected by the project.

B. A city or county will have jurisdiction by law with respect to a project when the city or county is the site of the project, the area in which the major environmental effects will occur, and/or the area in which those citizens most directly concerned by any such environmental effects are present.

C. Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.16).

"Lead agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.17).

"Local agency" means any public agency other than a state agency, board or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies and any board, commission, or organizational subdivision of a local agency so designated by ordinance or resolution of the governing legislative body of the local agency.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.18).

"Ministerial projects" means those activities which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. Which projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act, although the statute, ordinance or regulation may require, in some degree, a construction of its language by the officer. The following acts are ministerial in nature:

A. Issuance of building permits;

B. Issuance of business licenses;

C. Approval of final subdivision maps;

D. Approval of individual utility service connections and disconnections, except the following:

1. Sewer service agreements to parcels one acre or greater in size and/or to more than four dwelling units or equivalent,

2. Industrial sewer permit applications, and

3. Water and sewer service to areas not consistent with the general plan maps and policies.

(Ord. 1195 § 3, 1977: Ord. 1136 § 2 (part), 1975: prior code § 2.67.19).

"Negative declaration" means a statement by the lead agency briefly presenting the reasons why the project, although not otherwise exempt, would not have a significant effect on the environment and therefore does not require an EIR.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.20).

"Notice of completion" means a brief notice filed with the Secretary for Resources by a lead agency as soon as it has completed a draft EIR and is prepared to send out copies for review. The form of the notice shall be as designated by ordinance or resolution adopted by the city council.

(Ord. 11136 § 2 (part), 1975: prior code § 2.67.21).

"Notice of determination" means a brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements of CEQA. The form of the notice shall be as designated by ordinance or resolution adopted by the city council.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.22).

"Notice of exemption" means a brief notice which may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project. The notice may also be filed by an applicant where such a determination has been made by a public agency, which must approve the project.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.23).

"Notice of preparation" means a brief notice sent by a lead agency by certified mail, or other means sufficient to give actual notice, to notify the responsible agencies that the lead agency plans to prepare an EIR for the project. The purpose of the notice is to solicit guidance from the responsible agencies as to the scope and content of the environmental information to be included in the EIR.

(Ord. 1236 § 2, 1978: prior code § 2.67.30).

"Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the state and any of the agencies or political subdivisions of such entities.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.24).

A. "Project" means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, that is any of the following:

1. An activity directly undertaken by any public agency including, but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local general plans or elements thereof pursuant to Government Code Sections 65100 through 65700.

2. An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.

3. An activity involving the issuance to a person of a lease, permit, license, certificate or other entitlement for use by one or more public agencies.

B. Project does not include:

1. Anything specifically exempted by state law;

2. Proposals for legislation to be enacted by the State Legislature other than requests by state agencies for authorization or funding for projects independently from the Budget Act;

3. Continuing administrative or maintenance activities, such as purchases for supplies, personnel-rated actions, emergency repairs to public service facilities, general policy and procedure making except as they are applied to specific instances covered above, feasibility or planning studies;

4. The submittal of proposals to a vote of the people of the state or of a particular community.

C. Project refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. Project does not mean each governmental approval.

(Ord. 1195 § 4, 1977: Ord. 1136 § 2 (part), 1975: prior code § 2.67.25).

"Public agency" includes any state agency, board or commission and any local or regional agency, as defined in these guidelines. It does not include the courts of the state, nor does it include agencies of the federal government.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.26).

"Responsible agency" means a public agency which proposes to undertake or approve a project, but is not the lead agency for the project. It includes all public agencies other than the lead agency which have approval power over the project.

(Ord. 1136 § 2 (part), 1975: prior code § 2.67.27).

"Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic interest.

(Ord. 1195 § 5, 1977: Ord. 1136 § 2 (part), 1975: prior code § 2.67.28).