Article 1.2 — Definitions and Abbreviations

The provisions of this article shall be known as the definitions and abbreviations. The purpose of these provisions is to promote consistency and precision in the interpretation of the environmental review regulations and to supplement the definitions that are found in CEQA, NEPA, NHPA, and their implementing regulations and guidelines. The meaning and construction of words and phrases as set forth in these provisions shall apply throughout the environmental review regulations, except where the context of such words or phrases clearly indicate a different meaning or construction.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1020)

"Agency" means the city of Oakland Redevelopment Agency.

Certification of a final EIR. In certifying a final EIR, the final decision-making body must find that the FEIR has been prepared in compliance with CEQA, the CEQA guidelines, and the city CEQA procedures. In addition, the decision-making body also must find that the environmental document reflects the independent judgment, review and analysis of the city. Certification does not imply that the decision- making body endorses the project. Rather, certification indicates that the decision-making body found that the final EIR adequately discusses the potential adverse environmental effects, ways in which such affects might be mitigated, and alternatives to the project which would reduce or avoid the adverse effects.

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

"City" means the City of Oakland; the body or officer acting for the City of Oakland, or the Redevelopment Agency of the City of Oakland.

"City CEQA Procedures" means the city regulations which delineate the procedures for implementing CEQA, as prescribed at Section 17.158.140.

City Planning Commission. This Commission is responsible for developing policies for and maintaining the city's Comprehensive Plan. In addition, the Commission has major responsibility for adoption and administration of the zoning regulations and subdivision regulations. The Commission also certifies the adequacy of environmental information used in determining whether or not development projects should be approved, and is the final appeal body for all environmental review determinations, except where otherwise stated.

"City project" means a project sponsored or assisted by the city or the Redevelopment Agency of the city.

"Decision" means the first discretionary approval or denial of a project.

"Decision-making body" means any individual, officer, board or commission representing the city permitted to approve or disapprove a project.

"Discretionary action" means an action which requires the exercise of judgment or deliberation when the decision-making body decides to approve or disapprove a particular activity, as distinguished from situations where the decision-making body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. See Section 17.158.190 for discretionary actions typically processed by the city.

"Discretionary project" means a project that requires approval of one or more discretionary actions, including but not limited to those listed at Section 17.158.190, even if the project also requires approval of one or more ministerial actions, including but not limited to those listed at Section 17.158.180.

"EIR" means an environmental impact report.

"Environmental review" means any of procedures or other provisions of the environmental review regulations that may be applicable to a particular project or action.

"Environmental Review Coordinator" means the staff person, as designated by the Environmental Review Officer, who is responsible for coordinating the environmental review process.

"Environmental Review Officer" means the staff person, as designated by the City Manager, who is responsible for the environmental impact review process, or his or her designee.

Findings. Prior to approving a project, the decision-making body is required by CEQA to make findings regarding the feasibility of mitigation measures and alternatives identified in the EIR.

"Guidelines" means the guidelines for implementation of CEQA, known as the State CEQA Guidelines, as prescribed by the Secretary for Resources of the state of California, and as developed by the State Office of Planning and Research.

Historic Property. "Historic property" are those properties that are designated City landmarks; are listed on the National Register of Historic Places, or as a California Registered Historical Landmark, or as a California Point of Historical Interest; are contributory to an S-7 Preservation Combining Zone pursuant to Section

Ministerial Action. Ministerial describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying the project. The public official merely applies the law but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements. Common examples of ministerial permits include dog licenses, business licenses, and marriage licenses. See Section 17.158.180 for ministerial actions typically processed by the city.

Ministerial Project. A project that requires approval of one or more ministerial actions, including but not limited to those listed at Section 17.158.180, and does not require approval of any discretionary actions, including but not limited to those listed at Section 17.58.190.

Mitigation Monitoring Program. A "mitigation monitoring program" is used to ensure that the significant adverse environmental effects of a proposed project are avoided or reduced to a level of insignificance through the implementation of the mitigation measures recommended in the EIR or the mitigated negative declaration. The program provides a means for the city to verify that measures to mitigate project impacts are in place when the project is implemented.

"NEPA" means the National Environmental Policy Act.

"NHPA" means the National Historic Preservation Act. (See also "Section 106.")

"Notice of availability" means a brief notice that is attached to the released draft EIR. The notice shall invite response to the draft EIR, give final date for receiving such responses, advise to whom the responses shall be directed, and may provide other pertinent information for the environmental documentation of the proposed project.

"Notice of determination" means a brief notice which the city shall cause to be filed with the County Clerk after the city approves a private project or determines to carry out a public project which is subject to the requirements of CEQA.

"Notice of Exemption" means a brief notice which the city may cause to be filed with the County Clerk after the city approves a private project or determines to carry out a public project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA.

"Notice of preparation" means a brief notice sent by the city to notify the responsible agencies, trustee agencies, involved federal agencies, the immediately adjacent property owners and persons showing interest in the proposed project. The purpose of the notice is to solicit guidance from those agencies and individuals as to the scope and content of the environmental information to be included in the EIR.

"Private project" means a project sponsored by a person or entity other than a government agency.

Project. For CEQA purposes, "project" means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, as defined in Section 15378 of the State CEQA Guidelines. For the purposes of NEPA, Section 106, and other pertinent environmental laws and regulations, "project" shall have whatever meaning may be defined in those laws and regulations.

"Project sponsor" means the private individual, group or corporation, or independent public agency proposing the project and applying for city approval; in the case of a city project, the department or public officer responsible for the project.

"Public improvement by a private party (P-job)" means a public improvement constructed by a private party such as a sewer or street extension to serve new construction pursuant to Section 12.20.010 of the Oakland Municipal Code.

"Public project" means a project sponsored by a government agency, including but not limited to the city or the Redevelopment Agency of the city.

"Section 106" means Section 106 of the National Historic Preservation Act. (See also "NHPA.")

State CEQA Guidelines. See "Guidelines."

"Statement of overriding considerations" means a finding statement made by the decision-making body if it is determined that the benefits outweigh the unavoidable adverse environmental effects of a project. This statement of overriding consideration must be supported by evidence in the administrative record.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 11766 § 2 (part), 1994: prior planning code §§ 1022—1034)