Chapter 19.04 — GENERAL PROVISIONS

The purpose of these environmental review guidelines is to establish a procedural framework for the implementation of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 2100 et seq., and the State CEQA Guidelines ("state guidelines"), 14 California Administrative Code Section 1500 et seq.

(Ord. 722 § 1(part), 1996).

The objectives, criteria, and specific procedures set out in these guidelines implement and tailor the general provisions of the state guidelines to the specific operations of the city of Yreka.

This code chapter is not intended to replace the state guidelines. If any section of these guidelines is in conflict with or contrary to any provision of the state guidelines as they now exist or may be amended hereafter, the state guidelines shall control.

(Ord. 722 § 1(part), 1996).

19.04.030 - Notification and review procedures.

Any provision of this chapter specifying notification and review procedures, save and except where the procedures are required by CEQA or the state guidelines, shall be deemed directory rather than mandatory.

(Ord. 722 § 1(part), 1996).

(a)

Definitions Adopted by Reference. Those definitions set forth in the state guidelines (Article 4, beginning with Section 15350) are incorporated herein by reference.

(b)

Supplemental Definitions. As used in this title:

"Administrative decision" means a final action by the planning director or other authorized city staff member on a discretionary permit. Decisions which require final action by a governing decision-making body are not administrative decisions for the purposes of this chapter.

"Aggrieved person" means a person aggrieved by any decision-making body or officer of the city regarding the administration of this chapter.

"Applicant" means a person, agency, organization or other entity who has submitted an application form and an environmental questionnaire to the city or other local, state or federal agency seeking approval of one or more entitlements from these governmental agencies.

"Days" means calendar days unless otherwise indicated.

"Decision-making body" means either a city officer and employee or a legislative body such as city council, planning commission, or other body responsible for a final determination to approve, condition or disapprove a project.

"Draft negative declaration" means a negative declaration or mitigated negative declaration which has been prepared by the planning division pursuant to the state guidelines, but has not yet been adopted by the appropriate decision-making body.

"Planning director" means the planning director of the city or their designee.

"Private project" means the whole of an action which has a potential for resulting in a physical impact on the environment, directly or ultimately, that is any of the following:

(1)

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

(2)

An activity involving the issuance of a discretionary or quasi-judicial permit or entitlement to a nongovernmental agency;

(3)

An activity wherein a nongovernmental entity requests the enactment or amendment of zoning or subdivision regulations, amendment of the general plan or elements thereof, enactment or amendment of a specific plan, or other legislative acts.

"Provided," for purposes of notification, means either directly delivered to the noticed party or placed in a mail receptacle.

"Public project" means the whole of an action directly undertaken by a city department or agency which has a potential for physical impact on the environment directly or ultimately, including but not limited to public works construction and related activities, grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local

general plans or elements thereof. Public project also means an activity involving discretionary action, approval, or issuance of a mutual agreement, permit or other entitlement to any public agency by the appropriate city department, agency or decision-making body.

"Recommending body" means the city board or commission such as the planning commission, or others that have the responsibility to recommend approval, conditional approval or disapproval of a project to the decision-making body which will take final action on a project.

"Responsible city department" means the city department which has the primary responsibility for administering the project.

"Third party contract" means a written agreement or agreements between the city and qualified consultants selected by the city to perform services in conjunction with a written agreement by the project applicant to reimburse the costs of those services to the city.

(Ord. 722 § 1(part), 1996).

(a)

Planning Director. Except as otherwise indicated herein, the planning director shall be responsible for administration of this chapter. The planning director's duties shall include but not be limited to:

(1)

Determining whether a project is exempt from environmental review;

(2)

Conducting an initial study;

(3)

Determining whether a negative declaration or mitigated negative declaration must be prepared;

(4)

Preparing a negative declaration or mitigated negative declaration or causing them to be prepared;

(5)

Determining whether a draft environmental impact report (EIR) must be prepared;

(6)

Preparing an EIR;

(7)

Filing notices required or authorized by CEQA, the state guidelines, or this chapter;

(8)

Consulting with and obtaining comments from city departments, other public agencies and the public;

(9)

Developing procedures for monitoring and enforcing mitigation conditions;

(10)

Selection of qualified third party consultants to perform environmental work;

(11)

Approval of negative declarations and mitigated negative declarations for which no other approval by a city decision-making body is required.

(b)

City Decision-Making Body. The approval or certification of negative declarations, mitigated negative declarations, and EIRs shall be the responsibility of the city decision-making body responsible for final action on the project for which the environmental work was prepared.

(Ord. 722 § 1(part), 1996).

19.04.060 - Appeal procedures.

Footnotes:

--- ( 1 ) ---

• Editor's Note: This section will be passed as a separate ordinance and codified in a future supplement to this code.

19.04.070 - Public input and notification.

(a)

Submission of Data. Any person may submit factual information to assist the planning director in preparing initial studies, negative declarations, mitigated negative declarations, and EIRs. The data should be submitted for a specific project for which an application has been received. The planning director may include in whole or in part such information if its accuracy can be verified, and it is deemed relevant to the environmental document being prepared.

(b)

Requests for Notification. In addition to notification and review procedures referenced herein, in CEQA or in the state guidelines, requests for notification of environmental documents may be made for a specific project location or project type from the planning director. The city may charge a fee in the amount established by resolution of the city council for such notification.

(Ord. 722 § 1(part), 1996).

The planning director, with the approval of the city manager, may select and enter into third party contracts with qualified environmental professionals to perform environmental studies or prepare environmental documents as deemed appropriate by the planning director.

Project applicants may submit environmental studies or documents from environmental professionals of their own choice; however, such submittal shall not obviate the need for additional study and documentation by independent third party professionals.

(Ord. 722 § 1(part), 1996).

The project applicant shall be assessed fees as established by resolution of the city council for environmental documentation, studies, or mitigation monitoring procedures, or an amount sufficient to cover the full cost of third party environmental work.

(Ord. 722 § 1(part), 1996).

Chapter 19.06 - REQUESTS FOR ENVIRONMENTAL DETERMINATION AND REVIEW

Section: