Chapter 19.50 — PROCEDURES FOR THE CITY AS A RESPONSIBLE AGENCY

Section:

When the city has responsibility for carrying out or approving some portion of a project, but does not have primary responsibility for the project, the city complies with CEQA by considering the EIR or negative declaration prepared by the lead agency and by reaching its own conclusions on whether and how to approve the project.

(Ord. 722 § 1(part), 1996).

The city shall respond to consultation by the lead agency and shall comment on notices of preparation, draft EIRs, negative declarations, and mitigated negative declarations as specified in the state guidelines in order to assist the lead agency in preparing adequate environmental documentation for the project.

(Ord. 722 § 1(part), 1996).

19.50.720 - Use of environmental documents prepared by other jurisdictions.

(a)

Adequacy of Documents. If the city determines that an EIR, negative declaration, or mitigated negative declaration is not adequate for the project upon which it is deciding, it must either:

(1)

Challenge the issue in court within thirty days after the lead agency files a notice of determination;

(2)

Be deemed to have waived any objection to the adequacy of the environmental document;

(3)

Prepare a subsequent EIR if permissible pursuant to the state guidelines;

(4)

Assume the lead agency role as provided for in the state guidelines.

(b)

Alternatives and Mitigation Measures.

(1)

When considering alternatives and mitigation measures as a responsible agency, the city has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to carry out, finance or approve.

(2)

When an EIR has been prepared by another entity, a city decision-making body shall not approve the project as proposed if it finds that there are feasible alternatives or mitigation measures within its power that would substantially lessen or avoid any significant environmental impact of the project.

(c)

Findings. Prior to approval of projects for which an EIR was prepared, findings shall be made pursuant to Section 15091 of the state guidelines for each significant effect of the project as necessary.

(Ord. 722 § 1(part), 1996).

A notice of determination should be filed in the same manner specified for negative declarations, mitigated negative declarations, or EIRs prepared by the city as a lead agency. However, the notice does not need to state that the EIR, negative declaration, or mitigated negative declaration was prepared in conformance with CEQA. The notice shall state that the city considered the EIR, negative declaration, or mitigated negative declaration as prepared by the lead agency.

(Ord. 722 § 1(part), 1996).