Chapter 19.10 — PROCEDURES FOR CONDUCTING INITIAL STUDIES

If a project for which the city is the lead agency has not been identified as exempt from the provisions of CEQA, pursuant to Chapters 19.06 and 19.08 of these provisions, an initial study shall be conducted to determine if the project may have a significant effect on the environment.

Projects for which the city is a responsible agency shall be processed pursuant to the provisions of Chapter 19.50.

(Ord. 722 § 1(part), 1996).

19.10.310 - Contents of initial studies.

(a)

Environmental Questionnaire. The applicant shall provide a completed environmental questionnaire in the form and containing the information determined by the planning director. The applicant may also be required by the planning director to submit additional information, including technical reports prepared by qualified consultants to aid in the preparation of adequate environmental review.

(b)

Initial Study Checklist. Based on the environmental questionnaire and other information available or required of the applicant, the initial study checklist will be prepared in a form and contain the information

determined by the planning director and the state guidelines. The initial study checklist and supporting information, together with the environmental questionnaire, shall comprise the initial study.

(c)

Mitigation Measures. The initial study shall identify feasible mitigation measures that would enable potentially significant impacts identified in the initial study to be avoided or substantially reduced. Whenever feasible, mitigation measures shall be tangible, specific actions that will avoid or substantially lessen significant environmental impacts and shall specify the mitigation objective, specific mitigation actions to be taken, the entity responsible for implementation, and the implementation schedule.

(Ord. 722 § 1(part), 1996).

(a)

City Staff and Trustee Agencies. Upon the determination that an initial study will be required, the planning division may consult informally with city departments and trustee agencies having purview in areas affected by the project to obtain their recommendations on the scope of significant environmental impact issues, mitigation measures and whether an EIR, negative declaration, or mitigated negative declaration should be prepared.

(b)

Interested Parties. The planning division may also consult with interested parties, neighborhood or environmental groups or others who may have knowledge or special expertise with respect to the project or possible significant effects.

(Ord. 722 § 1(part), 1996).

The planning division shall consult with the project applicant to determine if he or she is willing to modify the project to reduce or avoid the significant effects identified in the initial study. The willingness of the project applicant to modify a project shall be demonstrated in the initial study by the project applicant's written agreement to implement mitigation measures as described in the initial study. Mitigation measures may not be imposed by an initial study without the project applicant's consent; without the applicant's written consent, an EIR would be required to assess any significant environmental impacts.

(Ord. 722 § 1(part), 1996).

19.10.340 - Decision to prepare a negative declaration or an EIR.

(a)

Responsible Agency Consultation. Prior to a determination whether an environmental impact report or negative declaration is required, the city shall consult with all other public agencies which have responsibility for carrying out or approving the project.

(b)

Basis of Determination.

(1)

Negative Declaration. Where the initial study demonstrates that a project will not have a significant effect on the environment, the planning director shall prepare a draft negative declaration pursuant to Article 6 of the state guidelines and Chapter 19.30 of this title.

(2)

Mitigated Negative Declaration. Where the initial study demonstrates that, with mitigation agreed to by the project applicant, a project will have an impact of less than significant on the environment, a proposed mitigated negative declaration shall be prepared pursuant to Article 6 of the state guidelines and Chapter 19.30 of this title.

(3)

Environmental Impact Report. Whenever it has been determined by the planning director that there is substantial evidence of a fair argument that a proposed project may have a significant environmental impact, an EIR shall be prepared pursuant to the state guidelines and this title. If any aspects of the project, either individually or cumulatively, may cause a significant adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. The existence of a public controversy alone does not, without substantial evidence of a fair argument of a significant environmental impact, require preparation of an EIR.

(4)

Use of an EIR from a Previous Project. An EIR prepared for a previous project may be used for a later project if the circumstances of both projects are essentially the same. The EIR prepared for the previous project shall be publicly noticed as the draft EIR for the later project and processed pursuant to Chapter 19.30 of this title.

(5)

Withdrawal of Decision. If, prior to approval of a negative declaration or mitigated negative declaration, there is substantial evidence of a fair argument that the proposed project may result in a significant impact, the planning director shall examine this information and determine whether to withdraw the negative declaration from further review and notify the applicant that an EIR is required, notwithstanding sections of this code to the contrary.

(Ord. 722 § 1(part), 1996).

Chapter 19.20 - PROCEDURES FOR PREPARATION OF NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS

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