Chapter 10.106

10.106.020: Applicability And CEQA References

10.106.030: Review For Exemption

A. The purpose of this Chapter is to comply with Public Resources Code, Section 21082 that mandates local agencies to establish criteria and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the Community Development Director shall conduct a preliminary assessment of potential environmental issues.

B. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Community Development Director has deemed necessary to make an environmental determination. (Ord. 2024-001, 9-102024)

A. Applicability. The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to development projects as may be determined by the City.

B. CEQA References. Any reference to "CEQA," includes Public Resources Code 21000 et. seq. (Ord. 2024-001, 9-102024)

If the Director determines that the application is subject to review under CEQA, within thirty (30) calendar days (excluding City-recognized holidays) after determining that the application is complete, the Community Development Director shall determine if the project is exempt from environmental review in compliance with to State law, CEQA Guidelines, and all applicable City environmental guidelines adopted in compliance with CEQA.

A. If the Community Development Director has determined that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.

B. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a Notice of Exemption with the Fresno County Clerk. The applicant for a project shall be responsible for any fees required to file such notice. (Ord. 2024-001, 9-10-2024)

If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review. After receiving an environmental review application and required studies, the Community Development Director shall determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA. To make this determination, the Director shall prepare or cause the preparation of an Initial Study at the applicant's expense. (Ord. 2024-001, 9-10-2024)

A. The Initial Study shall be prepared in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

B. Following completion of the Initial Study, the Community Development Director shall notify the applicant in writing of changes to the project deemed necessary to reduce or avoid any significant effects or revise the project to reduce its impacts to less than significant identified in the Initial Study;

C. Within thirty (30) calendar days (excluding City-recognized holidays) following the date of the notification described above, the applicant shall provide written notification to the Director indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared. Alternatively, if the applicant does not respond to letter the application shall be terminated by the City; or

D. If an EIR is being prepared, an Initial Study is not mandatory as outlined by CEQA. (Ord. 2024-001, 9-10-2024)

Based on the Initial Study, the Community Development Director will make one of the following findings and prepare the appropriate environmental documentation in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

A. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;

B. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared;

C. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or

D. The proposed project will have, or may have, significant impact(s) and an EIR will be required. (Ord. 2024-001, 9-102024)

The Review Authority of the entitlement shall also have the authority to adopt the related CEQA finding. For example, should the Director be the Review Authority, the Director shall also have the authority to approve the related CEQA finding. (Ord. 2024-001, 9-10-2024)

Notwithstanding other provisions of this Code, the applicant or any aggrieved person may appeal the following environmental determinations made by non-elected, decision-making bodies of the City directly to City Council, unless the Council is the approving authority for the project:

• A. Determination that a project is or is not subject to environmental review.

• B. Determination that a project is exempt from environmental review.

• C. Approval of a Negative Declaration or Mitigated Negative Declaration.

• D. Approval of a Finding of Conformity with the Master EIR.

• E. Certification of a Final EIR. (Ord. 2024-001, 9-10-2024)