§ 19.66

This Chapter establishes requirements and criteria for the processing and adoption of environmental documents in compliance with the California Environmental Quality Act (CEQA).

The City adopts the following provisions to implement CEQA and the Guidelines. These regulations and procedures are intended to adopt the CEQA Guidelines by reference and to supplement and define the CEQA review process of the City of Twentynine Palms, thereby clarifying the roles and responsibilities of the decision-making bodies and City departments within that process.

CEQA review is required for all discretionary projects proposed to be carried out or approved by the City, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, the approval of tentative subdivision maps, and any other development entitlements and or publicly funded development and construction projects unless the activity is determined exempt pursuant to CEQA, state regulations, or a locally adopted list of Categorical Exemptions.

The Community Development Director (Director) shall have the authority to administer and implement the provisions of CEQA and/or the State Guidelines for Implementing the California Environmental Quality Act of 1970.

19.66.050 - CEQA Process

A.

CEQA documents will be processed concurrently with the associated discretionary permit. The City will defer to processing requirements of state law for all stand-alone CEQA determinations.

B.

Lead Agency. The lead agency shall be the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The Director shall determine lead agency status, pursuant to CEQA Guidelines Section 15050 et seq. The City shall be the lead agency for all development and construction projects it undertakes for itself. It shall also be the lead agency for all private projects for which the City grants final entitlement approval.

C.

Preliminary Project Review, Notice of Exemption or Initial Study.

1.

The Director, or designee, shall conduct a preliminary project review of the proposed project (activity) and determine if the proposed project is subject to CEQA Guidelines Section 15060. Based upon this review, the Director shall make one or more of the following determinations:

a.

The action is a project, pursuant to CEQA Guidelines Sections 15378 and 15061 et seq.

b.

The action is a project or a portion of a project for which another public agency has already acted as the lead agency, pursuant to CEQA Guidelines Sections 15367 and 15051 et seq.

c.

The project is categorically exempt, pursuant to CEQA Guidelines Section 15354 et seq., or a locally adopted list of Categorical Exemptions.

d.

The project is subject to a statutory exemption, pursuant to CEQA Guidelines Section 15260 et seq.

e.

The project is ministerial, pursuant to CEQA Guidelines Section 15268 et seq.

f.

The project may have a potentially significant effect upon the environment, pursuant to CEQA Guidelines Section 15070 et seq.

g.

The project is subject to the provisions and requirements of CEQA.

2.

If the proposed project is subject to CEQA, the City as lead agency will prepare, or cause to be prepared, a Notice of Exemption or undertake an Initial Study, pursuant to CEQA Guidelines Sections 15061, 15062 and 15063 et seq. If the project is subject to the preparation of an Initial Study, the Director may forgo the Initial Study if it can be determined that an Environmental Impact Report (EIR) is clearly required and begin work directly on the EIR.

The Director's determination will be set forth in writing to the applicant and made available to any members of the public upon request. A copy of said determination shall be affixed to any permit granted or denied.

D.

Requirement for Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report. Based upon the findings of the Initial Study, the Director shall authorize the preparation of one of the following:

1.

Negative Declaration as defined by CEQA and/or the CEQA Guidelines, if the Initial Study shows that there is no substantial evidence that a project may have a significant effect on the environment.

2.

A Mitigated Negative Declaration (MND) as defined by CEQA and/or the CEQA Guidelines if the Initial Study identifies potentially significant effects, but revisions or mitigation measures are included in the proposed project plans to reduce, avoid or mitigate such impacts to a level that is clearly not significant.

3.

An EIR as defined by CEQA and/or the CEQA Guidelines if the Initial Study identifies substantial evidence that a project may have a significant effect on the environment. If an EIR is required, the Director shall determine the type, scope and nature of the EIR pursuant to CEQA and/or the CEQA Guidelines.

E.

Consideration of Negative Declarations, Mitigated Negative Declaration and Environmental Impact Reports. The Negative Declaration, MND or EIR, and any written comments received, shall be transmitted to the Planning Commission prior to the date set for public hearing.

1.

The Planning Commission shall consider the Negative Declaration, MND or EIR and comments, if any, at a properly noticed public hearing. After the termination of the public hearing, the Planning Commission may either certify, return for modifications or reject the Negative Declaration, MND or EIR prior to deciding to approve or disapprove the project.

2.

If the Planning Commission decides to adopt the Negative Declaration, MND or EIR, then the Commission may proceed to approve or disapprove the project.

3.

In the event the Planning Commission's action is a recommendation to the City Council or the Planning Commission's approval is appealed to the City Council, the City Council shall consider the Negative Declaration, MND or EIR in the same manner as done by the Planning Commission.

4.

A Notice of Determination shall be prepared and filed within five days after the adoption of a Negative Declaration, MND or EIR.

The CEQA Guidelines permit local agencies to adopt an expanded list of Categorical Exemptions from the requirements of CEQA. Such a list may identify those specific local activities that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and the activities must be consistent with both the letter and the intent expressed in such classes. The Director shall prepare such a list for consideration by the Planning Commission. The Planning Commission shall make a recommendation to the City Council for adoption, or amendment, of the local list of Categorical Exemptions, and the list shall only be adopted, or amended, by a Resolution of the City Council.

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals). Appeals of the actions of the Director related to CEQA shall be heard by the City's Planning Commission. The Planning Commission may refer action on any appeal directly to the City Council. Appeals of actions of the Planning Commission shall be heard by the City Council.

Article 4: - Site Development Regulations Chapter 19.68 - General Development Standards and Exceptions