Chapter 18.02 — DEFINITIONS

All terms and phrases utilized in this title are intended to be consistent with CEQA and administrative guidelines established by the Resources Agency of the State pursuant to the requirements of CEQA. In all cases, such terms or phrases not specifically defined in this chapter will be subject to such definitions as applicable in CEQA and related provisions within the State Administrative Code or, absent adequate definitions therein, other sections of the Plymouth Municipal Code or policy.

(Ord. 96-10 § 1, 1996)

"Concerned or affected agency, organization or individual" means any agency or department of the City, any outside agency, any responsible and trustee agency and any other person or organization who may be concerned with the environmental effects of a project or who has specifically requested to be kept informed of a project as it goes through the environmental process.

"Construction conditions" means conditions affecting the way construction is carried out and completed such as noise control, drainage, parking, streambed setbacks, inspections, grading, dust abatement, etc.

"Consultation" means the effort to formally or informally contact outside agencies for their input concerning what the potential environmental effects of a project might be and whether a negative declaration or EIR should be prepared.

"Environmental determination" means determination regarding whether a project is exempt or a negative declaration or an environmental impact report should be prepared.

"Environmental documents" means exemption or negative declaration or EIR and resolutions adopting each and the subsequent notices to be filed for each.

"Environmental impact report or EIR" means an informational document which, when its preparation is required by this title, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.

"Initial study" means an initial investigation of the potential environmental impacts that a project may have. It usually includes an initial study check and other information as required by Section 15063(d) of State CEQA Guidelines. "Initial study" is further defined in Sections 15063 through 15065 of the State CEQA Guidelines.

"Lead agency" means the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. "Lead agency" is further defined in Sections 15050 through 15053 of the State CEQA Guidelines.

"Mitigation monitoring coordinator" means City staff person or a consultant designated to monitor enforcement of and compliance with mitigation measures and conditions as specified in this title.

"Monitoring checklist" means a data form used by the mitigation monitoring coordinator to monitor enforcement of and compliance with mitigation measures and/or conditions of an approved project. Information on the form includes each mitigation measure and/or condition, agencies responsible for enforcement, etc.

"Negative declaration" means a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report. "Negative declaration" is further defined in Section 18.05.060 of this title as well as Sections 15070 and 15071 of the State CEQA Guidelines.

"Notice of determination" means a notice that is filed with the County Clerk and/or State Office of Planning and Research indicating the action taken on a given project, stating whether the project will or will not have a significant effect on the environment, and what other environmental documents have been prepared. Specific requirements regarding the content of notice of determination are addressed in Sections 18.05.060 and 18.05.070 of this title. Notices of determination are also addressed in Sections 15075 and 15094 of State CEQA Guidelines.

"Notice of preparation (NOP)" means a notice sent to all affected or concerned public and private agencies or individuals regarding the fact that the City has chosen to prepare an EIR. The NOP shall contain all information required by Section 15082 of State CEQA Guidelines. It is a request that all such agencies or individuals provide the City with specific detail about the scope and content of the environmental information to be addressed in the draft EIR.

"Outside agency" means responsible agency and trustee agency. "Outside agency" also means regional or State agency that may need to be notified pursuant to a project of Statewide, regional or areawide significance pursuant to Section 15206 of State CEQA Guidelines.

"Post-construction conditions" means on-going conditions applicable to the life of a project such as those which control hours of operation, noise, odors, traffic system management, etc.

"Pre-construction conditions" means conditions that must be satisfied prior to project construction, such as protection of archaeological resources, tree protection, plan checks, required calculations, studies, etc.

"Private project permit" means a planning permit such as a use permit, tentative map or development agreement. It also means any activity that involves the issuance to a person or agency of a lease, permit, license, certificate, or other entitlement that may cause direct or indirect physical effect on the environment.

"Project" means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:

1. An activity directly undertaken by any public agency;

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

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

"Proponent, applicant or project proponent" means the owner or owner's representative who is identified as being the person responsible to submit a development application to and be the liaison with City officials during the processing of such development application and to be responsible for project completion if the application is approved.

"Public meeting" means a public hearing if a public hearing is required by State or local requirements in order to carry out the purpose for which a public meeting is specified in this title.

"Responsible agency" means a public agency, other than the lead agency which has responsibility for carrying out or approving a project.

"Trustee agency" means an agency that is responsible for resources that may be affected by a project. For the purposes of the City of Plymouth environmental review procedures, the term "trustee agency" also means responsible agency and visa-versa. (Ord. 96-10 § 1, 1996)