Chapter 16.04 — ENVIRONMENTAL QUALITY

A.

The regulations contained in this chapter are prescribed by the Secretary for Resources pursuant to the authority granted in Public Resources Code Section 21083 to be followed by all state agencies, boards and commission, all counties, cities and counties, cities including charter cities, regional agencies, public districts, redevelopment agencies, and all other political subdivisions of the state in the implementation of

the Environmental Quality Act of 1970 (CEQA) dealing with environmental quality, the evaluation of projects, and the preparation and evaluation of environmental impact reports.

B.

In addition, where they are found to apply, the authority of these regulations is additionally prescribed by the National Environmental Quality Act (NEPA) and amendments thereto.

(Ord. 442 § 711.01, 1980)

The purpose of this chapter is to provide the city with principles, objectives, criteria and definitions consistent with CEQA, Public Resources Code Sections 21000 et seq. and NEPA.

(Ord. 442 § 711.02, 1980)

The city council may adopt by resolution and reference those guidelines found in Title 14, Chapter 3 of the California Resources Code, known as the Guidelines for Implementation of the California Environmental Quality Act of 1970 and amendments thereto and additional guidelines as may from time to time be found necessary to protect and enhance the environmental quality of the city.

(Ord. 442 § 712.01, 1980)

The city council may adopt by resolution and reference those implementation and procedural provisions found in the Code of Federal Regulations, Chapter XV, Parts 1500 through 1508, and amendments thereto.

(Ord. 442 § 712.02, 1980)

The city and all public officers and agencies of the city shall comply with the CEQA, according to the Guidelines promulgated by the California Resources Agency, NEPA according to C.F.R., Part 1500 et seq., and this chapter.

(Ord. 442 § 713.01, 1980)

The planning department of the city is responsible for the preparation and development of principles, objectives, criteria and definitions to implement CEQA and NEPA prior to adoption by the city council. The planning department also, as part of guideline development, shall consider proposals for categorical exemptions and make appropriate recommendations to the city council. The planning department shall be responsible for resolving disputes over lead agency designation within the city.

(Ord. 442 § 713.02, 1980)

The planning director or designee is responsible for the enforcement and administration of this chapter and any rules, regulations or provisions contained in this chapter or otherwise adopted pursuant to this chapter.

(Ord. 442 § 713.03, 1980)

A.

The city, in administering and enforcing this chapter, shall charge and collect reasonable fees related to such activity as described in the adopted guidelines for implementation of CEQA and NEPA.

B.

The city shall charge and collect reasonable fees for copies of environmental documents not to exceed the actual cost of reproducing copies.

(Ord. 442 § 713.04, 1980)

16.04.090 - Delegation of responsibilities.

A.

The city may assign specific functions to its staff to assist in administering CEQA and NEPA. The following functions are delegated to the planning department:

1.

Determination whether a project is exempt;

Conduct of an initial study;

3.

Preparation of a negative declaration;

4.

Preparation of responses to public comments;

5.

Certification that the decisionmaking body has reviewed and considered an EIR or negative declaration;

6.

Filing of notices;

7.

Other duties as may from time to time be specified by council resolution.

B.

The decisionmaking body of the city may not delegate the following functions:

1.

Review and consideration of final EIR's or EIS's or negative declarations prior to approving a project;

2.

The making of findings as required by CEQA and NEPA by decisionmaking bodies.

C.

Where an advisory body is required to make a recommendation on a project to a decisionmaking body, the advisory body shall also review and consider the EIR, EIS or negative declaration.

(Ord. 442 § 713.05, 1980)

A.

The city or any city agency, commission, board or officer shall announce its decision in regard to an environmental determination by minute action or other written order. An order which makes a finding or includes as part of the order a finding that a project proposed by an application for a permit either does or does not have a substantial adverse effect on the environment shall be in effect upon its adoption, but shall be subject to the right of appeal to the council as provided in this chapter.

B.

In the event of decisions made by the city council, in the first instance, the decision shall be final.

C.

No person shall obtain any right or privilege pursuant to this chapter unless and until the decision making the determination becomes final. An original decision of the city agency, commission, board or officer shall become final and conclusive at the expiration of ten calendar days after the day of its rendition unless prior to the expiration of such period an appeal in proper from is duly filed. The filing of such appeal shall automatically stay all proceedings in furtherance of the permit and neither the applicant or any enforcing agency shall rely on such finding until the appeal has been resolved.

(Ord. 442 § 713.06, 1980)

A.

Within ten calendar days after the day of filing of notice of action with the county clerk by the city, an appeal to the city council may be taken by the applicant, or any person or group aggrieved, or by any officer, department, board or commission of the city affected by the decision.

B.

An appeal may be commenced only by filing with the city clerk an original and two copies of the notice of appeal which specifies the grounds of appeal and the action which the appellant requests the city council to take, along with the filing fee of fifty dollars.

C.

The appeal shall be scheduled and heard by the city council at a regular meeting within thirty days following the date the appeal is filed with the city clerk. The city council shall announce its decision, by minute action, within thirty days following hearing of the appeal.

(Ord. 442 § 713.07, 1980)

A decision of the city council shall become final and conclusive upon the rendering thereof.

(Ord. 442 § 713.08, 1980)