Chapter 14.03.024
Environmental Documents, Environmental Impact Reports
Sections:
14.03.024.010 Environmental Impact Report.
14.03.024.030 Notice of Preparation.
14.03.024.040 EIR Preparation.
14.03.024.060 Contents of Draft EIR.
14.03.024.070 Notice of Completion of Draft EIR.
14.03.024.080 Public Notice of Availability of Draft EIR.
14.03.024.090 Public Review Period.
14.03.024.100 EIR Review Concurrent with Other Project Approvals.
14.03.024.110 Public Hearing on Draft EIR.
14.03.024.120 Response to Comments.
14.03.024.130 Preparation of Final EIR.
14.03.024.140 Certification of Final EIR.
14.03.024.150 Disposition of Final EIR.
14.03.024.160 Mitigation Monitoring Program.
14.03.024.170 Findings of Fact.
14.03.024.180 Statement of Overriding Considerations.
14.03.024.190 Notice of Determination.
14.03.024.010 Environmental Impact Report.
An environmental impact report is an informational document which objectively informs public decision-makers, responsible agencies, and the general public of the environmental effects, alternatives, and mitigation measures for projects proposed for approval. The EIR process identifies the likely impacts of a project on the environment, examines and proposes mitigation measures to reduce or avoid adverse impacts, and considers alternatives to the project as proposed. The EIR examines all phases of the project, including planning, construction, operation, and expansion.
14.03.024.020 Types of EIRs.
There are several variations on the types of EIRs that are prepared. Each project should be evaluated to determine which type of EIR is most appropriate.
A. Project EIR. This is the most common type of EIR and examines the impacts of a specific development project.
B. Master EIR. A master EIR evaluates the cumulative impacts, growth inducing impacts, and irreversible significant effects of subsequent projects. The intent of the Master EIR is that project impacts have been reviewed and mitigation measures set forth in the certified master EIR. As a result, the environmental review of subsequent projects is substantially reduced.
C. Focused EIR. A focused EIR is an EIR on a subsequent project which was identified in a master EIR but where additional significant effects or necessary mitigation measures were not identified and analyzed in the master EIR.
D. Subsequent EIR. This is required when one of the following occurs:
1. Subsequent changes are proposed in a project and the impacts of which are not considered in a previous EIR or negative declaration; or
2. Substantial changes occur in the circumstances under which the project will develop; or
3. New information of substantial importance to the project becomes available which was not known at the time the previous EIR was certified or the previous negative declaration was adopted.
E. Supplement to an EIR. The supplement provides only the information necessary to make the previous EIR adequate for the changed condition.
F. Addendum to an EIR. The addendum is designed as a way of making minor corrections in an EIR without recirculating the EIR.
G. EIR as part of a General Plan. This allows the use of the General Plan document as the EIR if the document contains a special section or a cover sheet identifying where each of the points required in an EIR may be found.
H. Staged EIR. The staged EIR deals with the review of a large development project which will require years for planning, engineering, and construction, but which would need some approvals from public agencies before final plans for the project would be completed. The staged EIR covers the projects in a general form. Only the aspect of the project to be considered by the public agency for approval would be discussed in detail. A supplement to the EIR would be prepared for later approvals for the project.
I. Program EIR. A program EIR is used when individual projects or a phased project is to be undertaken which is part of larger project and the total undertaking comprises a project with significant environmental effect. The ultimate project and its cumulative effects are the focus of a program EIR. When individual activities within the program are proposed, the agency would determine whether the effects were fully analyzed in the program EIR. If the activities would have no effects beyond those analyzed in the program EIR, the project is within the scope of the program EIR and the previous environmental document may be reaffirmed.
14.03.024.030 Notice of Preparation.
After determining that an EIR is required for a project, and after the City has received from the applicant the administrative deposit in accordance with Section 14.03.024.040(C) of this division, the Director shall send a notice of preparation to the County Clerk’s office and to each responsible agency and trustee agency stating that an EIR will be prepared. Notice shall be sent by certified mail or some other form of transmittal that provides a record of receipt. When a State agency will be a responsible or a trustee agency, the notice shall also be sent to the State Clearinghouse.
A. The notice of preparation shall provide, at a minimum, the following information:
1. A project description detailed enough for a reviewing agency to determine whether there is the potential for resources within the agency’s jurisdiction to be impacted;
2. The location of the project given by street address or shown on a map, preferably on a United States Geological Survey topographic map;
3. Describe the probable environmental effects of the project. This requirement may be satisfied by attaching a copy of the initial study to the notice.
B. The notice shall be posted with the office of the County Clerk for a period of 30 days.
C. If a response to the notice of preparation is not received from the responsible or trustee agencies within 30 calendar days from the agency’s receipt of the notice, the City may assume these agencies have no comment. A responsible agency may request, and the Director may grant, an extension to the 30 day response period if the request is received prior to the close of the response period.
14.03.024.040 EIR Preparation.
The applicant shall submit an application for the preparation of an EIR on a form specified by the Director. The EIR shall be prepared directly by or under contract to the City.
A. The Director shall either select and hire a qualified consulting firm to prepare the EIR, or the City Council may initiate the in-house preparation of the EIR. If a consulting firm is to be hired, the City Council shall authorize the Director to enter into a contract with the chosen firm. A three-party contract may also be used for the purpose of preparing an EIR.
B. Preparation of the EIR shall be done at the applicant’s expense. If an EIR is prepared in-house, a fee shall be paid to the City based upon hours expended in preparing and managing the EIR. If the EIR is prepared by a consultant, the applicant shall pay the contract costs plus an administrative fee as set by resolution of the City Council to cover City costs for managing the EIR. The administrative fee shall be adjusted to correspond to any changes in the contract price during the preparation of the EIR.
C. At the point it is determined an EIR is required, the applicant shall deposit a portion of the administrative fee with the City, in an amount determined by the Director to be sufficient to cover the City processing costs related to the project prior to the execution of a contract. The deposit shall be credited toward the total administrative fee.
14.03.024.050 Time Limits.
The City shall not exceed one year for completing and certifying an environmental impact report prepared for private projects. The time limit shall be measured from the date on which an application is accepted as complete and shall be subject to the following exceptions:
1. A 90 day extension may be granted if agreed upon by the applicant and the City;
2. Unreasonable delays caused by the applicant in meeting requests by the City for information necessary for the preparation of the EIR;
3. Projects subject to both CEQA and the National Environmental Policy Act.
14.03.024.060 Contents of Draft EIR.
A draft EIR shall consist of the information required in Article 9 of the CEQA Guidelines.
14.03.024.070 Notice of Completion of Draft EIR.
When the draft EIR is ready for public circulation, as determined by the Director, a notice of completion shall be filed with the State Clearinghouse.
A. If a State agency is a responsible or trustee agency, or the project has statewide, regional, or area wide impacts, 10 copies of the draft EIR shall be submitted along with the notice of completion.
B. The notice shall include a description of the project, the project location, an address where copies of the draft EIR are available, and the comment period.
14.03.024.080 Public Notice of Availability of Draft EIR.
Public notice of the availability of a draft EIR shall be provided at the same time a notice of completion is sent to the State Clearinghouse. Notice shall be given to the owner and occupants of the subject property and shall also be given as follows:
A. Notice shall be provided by at least one of the following methods:
1. Publication at least one time in a newspaper of general circulation of the City; or
2. Posting of notice on and off the site in the area where the project is to be located; or
3. Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.
B. The notice shall contain the following information:
1. Provide a brief description of the project and its location;
2. Indicate where a copy of the draft EIR and documents referenced in the draft are available for review;
3. Specify the date, time, and location of the public hearing, if any, on the proposed draft EIR;
4. Briefly describe the significant effects on the environment, if any, anticipated as a result of the project; and
5. Indicate the time period during which written comments will be received on the draft EIR.
C. Notice of the availability of the draft EIR shall be posted with the County Clerk’s office for no less than 30 calendar days.
D. A copy of the draft EIR and the public notice should be sent to all interested and affected agencies and persons as determined by the Director, and should also be made available in the Public Library and at City Hall.
14.03.024.090 Public Review Period.
The public review period for draft EIRs shall be no less than 30 calendar days following the date of notice of availability. If a State agency is a responsible agency, the review period shall be no less than 45 calendar days. A shortened review period may be available for certain projects which meet the State “Shortened Review Guidelines” criteria, subject to the approval of the State Clearinghouse.
14.03.024.100 EIR Review Concurrent with Other Project Approvals.
The draft and final EIR may be considered concurrent with the approval process for a project.
A. If an EIR is considered concurrent with a project approval or approvals, the review process shall occur as follows:
1. If the Planning Commission is authorized to make a recommendation on the entire project, the Planning Commission shall forward to the City Council, a recommendation on the entire project and a recommendation on certification of the EIR;
2. If the Planning Commission is authorized to approve the entire project, the Commission shall certify the final EIR prior to approving the project;
3. If the Planning Commission is authorized both to approve and make a recommendation on applications that constitute the project, the Commission shall:
a. Forward to the City Council a recommendation on certification of the final EIR and forward to the City Council a recommendation on the part of the project for which the Commission is authorized to make a recommendation; and
b. Take an action, after the EIR has been certified, on the part of the project which the Commission is authorized to approve.
14.03.024.110 Public Hearing on Draft EIR.
The Planning Commission or the City Council may hold a public hearing on a draft EIR and on the final EIR to receive comments from the public.
A. If a public hearing is held, notice shall be given in accordance with the provisions of Section 14.09.030.070, Public Notice. Notice shall also be provided to all persons and agencies who submitted comments on the draft EIR.
14.03.024.120 Response to Comments.
Upon the close of the public review period, the Director shall prepare a written response to comments received on the draft EIR as follows:
A. Responses shall address credible comments that raise significant environmental issues.
B. When comments addressing significant environmental issues are in conflict with conclusions in the draft report, the response shall provide substantial evidence to support the final conclusion.
C. Responses may take the form of a revision of the draft report or may be a separate section in the final EIR.
D. At least 10 calendar days prior to certifying the final EIR, a written proposed response shall be provided to public agencies which commented on the draft EIR. Providing a copy of the final EIR within the 10 days prior to certification shall satisfy this requirement.
14.03.024.130 Preparation of Final EIR.
The final EIR should focus on the comments received on the draft EIR.
A. The final EIR shall consist of the following:
1. A revised draft EIR with changes made to the text in response to comments received, or a draft EIR with a section added which specifically addresses the comments received;
2. Copies of the comments that were received on the draft EIR, either verbatim or in summary;
3. The responses to the significant environmental issues raised during the public review period;
4. A list of persons, organizations, and public agencies which commented on the draft EIR.
14.03.024.140 Certification of Final EIR.
The City Council or the Planning Commission shall hold a public hearing to consider the final EIR. The review of a final EIR should focus on the responses to comments on the draft EIR.
A. Notice of the hearing shall be given in accordance with the provisions of Section 14.09.030.070, Public Notice. Notice should also be provided to all persons and agencies who received a copy of the draft EIR, or a copy of the notice of public hearing on the draft EIR, if such a hearing was held.
B. The City Council or the Planning Commission shall certify by resolution that:
1. The final EIR has been completed in compliance with CEQA; and
2. The City Council or the Planning Commission has reviewed and considered the information contained in the EIR prior to approving a project; and
3. The final EIR reflects the independent judgment of the City acting as lead agency for the project.
14.03.024.150 Disposition of Final EIR.
After certification, a copy of the final EIR shall be sent to each responsible agency, to the planning agency of any city or county where significant effects on the environment may occur, and to other interested or affected agencies. The City shall retain copies of the final EIR for a reasonable period of time.
14.03.024.160 Mitigation Monitoring Program.
A mitigation monitoring program shall be adopted at the time of project approval to ensure compliance during project implementation with the mitigation measures identified in the EIR. The mitigation monitoring program shall be prepared in accordance with the provisions of Section 14.03.026.020 of this division.
14.03.024.170 Findings of Fact.
No project for which an EIR has been certified which identified significant environmental effects shall be approved unless written findings for each of the significant effects are adopted.
A. Findings shall address each significant or potentially significant impact and its mitigation measure and explain the rationale for finding that the mitigation measure is adequate to avoid or substantially lessen the significant environmental effect identified in the final EIR.
B. In addition, one or more of the following findings shall be made:
1. Changes or alterations have been incorporated into the project which mitigate or avoid the significant effects on the environment;
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency;
3. That specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the final EIR.
C. The City shall provide substantial evidence in the record to support its findings.
14.03.024.180 Statement of Overriding Considerations.
The City may approve a project even though the final EIR has identified significant environmental effects which cannot be mitigated to a level of less than significant if:
A. The decision-maker finds that the benefits of a proposed project outweigh the unavoidable adverse environmental effects; in such instances, the adverse environmental effects may be considered to be acceptable; and
B. A Statement of Overriding Considerations is adopted at the time of project approval. The statement shall specify in writing the reasons why the significant environmental effects which cannot be mitigated are acceptable to support approval of the project, based upon information in the final EIR or other information in the record.
14.03.024.190 Notice of Determination.
A notice of determination shall be filed for each project approval for which an EIR was considered.
A. The notice shall be filed with the office of the County Clerk within five working days of project approval. If the project requires discretionary approval from a State agency, the notice shall also be filed with the State Clearinghouse. The notice shall include the information described in Section 14.03.023.070 of this division, except that reference to a negative declaration shall be replaced with reference to an EIR. In addition, the notice shall also state:
1. Whether mitigation measures were made as a condition of approval;
2. Whether findings were made;
3. Whether the project in its approved form will have significant effects on the environment;
4. Whether a Statement of Overriding Considerations was adopted as part of the project approval.
B. The State Department of Fish and Game filing fee for environmental impact reports shall also be submitted to the County Clerk concurrent with the notice of determination, in accordance with Section 14.03.020.060(A) of this division. The filing fee shall be paid by the applicant.