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Home My WebLink AboutAGENDA REPORT 2004 0721 CC REG ITEM 09DTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 9.D - CITY OF MOORPARK, CALIFORNIA City Council Meeting 7- a / -ado{ ism. _1I T. G„ Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning ManagerP.13 July 7, 2004 (CC Meeting of 07/21/2004) SUBJECT: Consider the Adoption of Revised Procedures of the City of Moorpark and Moorpark Redevelopment Agency to Implement the California Environmental Quality Act BACKGROUND Section 21082 of the California Public Resources Code and Section 15022 of the California Code of Regulations require each public agency in the State to adopt objectives, criteria, and specific procedures for administering responsibilities under the California Environmental Quality Act (CEQA). The City of Moorpark and Moorpark Redevelopment Agency last amended the local CEQA procedures on July 15, 1992 and August 20, 1992, respectively, by adopting the same procedures through separate resolutions. In order to bring the procedures current with changes made to CEQA since 1992 and provide additional clarity to the procedures, staff has prepared draft revised procedures for Council and Agency consideration. The Moorpark Redevelopment Agency will be considering these procedures at their next meeting. DISCUSSION The main purpose of the local CEQA procedures is to designate responsibility within the local agency and establish a process for project review under the State CEQA Statutes (Section 21000 et seq. of the Public Resources Code) and the State CEQA Guidelines (Section 15000 et seq. of the California Code of Regulations). State law allows the local agencies to either prepare the procedures as a stand -alone document, or incorporate the State CEQA Guidelines by reference, only adding procedures 000087 Honorable City Council July 21, 2004 Page 2 or provisions that are necessary to tailor the State CEQA Guidelines to the specific operations of the local agency. The current procedures (Attachment 1) of the City and Redevelopment Agency were prepared as a stand -alone document, repeating many components of the State's CEQA Guidelines at the time of their preparation. The State CEQA Guidelines, which are adopted and amended by the Secretary of the Resources Agency, have been revised several times since 1992, both by incorporation of case law and by incorporation of new requirements in the CEQA Statutes. The City's current local CEQA procedures have some provisions that conflict with the current State CEQA Guidelines, and some provisions that incompletely reflect current State requirements. In order to avoid future conflicts, the draft revised local CEQA procedures (contained within the draft resolution under Attachment 2) incorporate the State CEQA Guidelines by reference. These procedures act to supplement the State CEQA Guidelines by focusing on the delegation of responsibility and framing the CEQA review process within the established operational structure of the City and Redevelopment Agency. This approach allows the continued use of the procedures without the need for revision whenever the State CEQA Guidelines are amended. Specific direction on some items is provided in the proposed local CEQA procedures, such as noticing and the review of Environmental Impact Reports by advisory bodies. This specific direction provides consistency with existing local practices, whereas the State CEQA Guidelines provide options to meet the needs of all local agencies. The following table identifies main options allowed in the State CEQA Guidelines and the specific direction proposed in the local CEQA procedures. Issue State CEQA Guidelines Provision proposed Local Procedures Relationship of Local Stand -Alone Document or Incorporates State CEQA Guidelines by Procedures to State Incorporates State CEQA Reference CEQA Guidelines Guidelines by Reference Delegation of Unspecified Decisions for Applicability, Exemptions, Responsibility Initial Studies, Preparation and Filing of Documents to be made by Community Development Director S: \Community Development \ADMIN \Environmental \City CEQA Procedures \040721 CC Report.doc 0 00 088 Honorable City Council July 21, 2004 Page 3 Issue (Cont'd) State CEQA Guidelines Proposed Local Procedures Provision Thresholds of May be Formally Established by No Formal Thresholds of Significance Significance Local Agency Proposed at this time Time Limits Must be established by local One year for completion and ordinance or resolution. Not to certification of an Environmental Impact exceed one (1) year for completion Report and one - hundred eighty (180) and certification of an days for completion and adoption of a Environmental Impact Report and Negative Declaration. Reasonable one - hundred eighty (180) days for extensions are permitted with applicant completion and adoption of a consent. Negative Declaration. Reasonable extensions are permitted with applicant consent. Negative Declaration May be Published in a Newspaper Published in Newspaper, Mailed in Public Review or Posting Property or Direct Conjunction with Any Other Required Mailing to Contiguous Property Notice, Minimum 20 -Day Review Period Owners and Occupants for a Determined by Comm. Dev. Director Minimum 20 -Day Comment Period Recommendation on Not Required Required Negative Declaration by Advisory Body Use of EIR May Work for City or Applicant Consultant Must Work for City Unless Consultants Specific Agreement with City Exists. Contact Between Applicant and Consultant Controlled. Hiring of EIR Unspecified Specific Hiring Process Established Consultants Notice of Preparation Required to be Sent to Responsible Comm. Dev. Director May Extend Agencies /Trustee Agencies/ Notification Beyond Minimum State Involved Federal Agencies /OPR Requirements Draft EIR Public May be Published in a Newspaper Published in Newspaper, Mailed to Review or Posting Property or Direct Property Owners within 1,000' of Site, Mailing to Contiguous Property Review Period Determined by Comm. Owners and Occupants for a 30 -60 Dev. Director, Noticed Public Hearing Day Comment Period before Planning Commission to Take Oral Comments Provision of Draft Draft Responses to Commenting Draft Responses to All Commentators Responses to Public Agencies Minimum of 10 (With Legible Mailing Address) Comments Days Prior to Final EIR Certification Minimum of 10 Days Prior to (CEQA Statutes) Consideration of Final EIR Certification Advisory Body Role May Consider Either Draft or Final Shall Consider Proposed Final EIR and EIR Before Making Make a Recommendation on Recommendation Certification Role of City as Unspecified Community Development Director Responsible Agency Responsible for Compliance When City is a Responsible Agency S: \Community Development \ADMIN \Environmental \City CEQA Procedures \040721 CC Report.doc 0 00 089 Honorable City Council July 21, 2004 Page 4 STAFF RECOMMENDATION Adopt Resolution No. 2004- , Adopting Procedures to Implement the California Environmental Quality Act and Rescinding Resolution No. 92 -872. Attachments: 1. Current Local CEQA Procedures. 2. Draft Resolution No. 2004- Adopting Updated Procedures to Implement the California Environmental Quality Act. S: \Community Development \ADMIN\Environmental \City CEQA Procedures \040721 CC Report.doc 000090 RESOLUTION NO. 92 -872 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE STATE CEQA GUIDELINES AND RESCINDING RESOLUTION NO. _ 84 -122 WHEREAS, the State CEQA Guidelines, Title 14, California Administrative Code, Section 15022, provides thptt each public agency shall adopt objectives, criteria, and spe'cific procedures consistent with CEQA and the State CEQA Guidelines for administering its responsibilities under- CEQA, including the orderly evaluation of projects and preparation of environmental documents; and WHEREAS, Resolution No. 84 -122, which previously established the "Procedures of the City of Moorpark to Implement the California Environmental Quality Act ", requires updating to address revisions to CEQA since 1984; and WHEREAS, the Planning Commission reviewed draft revised "Procedures of the City of Moorpark to Implement the California Environmental Quality Act" at its meeting of July 6, 1992, and adopted a resolution at that meeting recommending City Council approval of revised CEQA Procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 84 -122 is hereby rescinded. SECTION 2. The updated "Procedures of the City of Moorpark to Implement the California Environmental Quality Act ", attached hereto and incorporated herein by reference, are adopted as the procedures to be followed by the City of Moorpark in the administration of its responsibilities under CEQA. PASSED AND ADOPTED this 15th day of July, 1992. J Paul W. LAyhrason Jr., Mayor ATTEST: - 6 / I City Clerk--f Attachment: Procedures of the City of Moorpark to Implement the California Environmental Quality Act CC ATTACHMENT 1 000091 PROCEDURES OF THE CITY OF MOORPARK TO IMPLEMI?NT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 1. AUTHORITY These procedures are adopted to implement the California Environmental Quality Act ( "CEQA "), Public Resources Code Section 21000 et seg., and the State CEQA Guidelines ( "State Guidelines "), Title 14 of the California Administrative Code, Section 15000 et seq., as amended, and shall be referred to as "The C,fity of Moorpark CEQA Procedures." ' SECTION 2. RELATIONSHIP TO STATE GUIDELINES The State Guidelines are hereby incorporated by reference. If any section of the City of Moorpark CEQA Procedures are in conflict with or contrary to any provision of the current or subsequently amended State Guidelines, the State Guidelines shall control. SECTION 3. DEFINITIONS The term "City" as used in these procedures shall mean the City of Moorpark. The term "Department" as used in these procedures shall mean the Department of Community Development of the City. The term "Director" as used in these procedures shall mean the Director of Community Development, who is responsible for CEQA compliance for all projects. The term "advisory body" as used in these procedures shall mean the person, committee, or commission which has authority by law or ordinance to comment upon or give an advisory decision on the project at issue. _ The term "decision- making body" as used in these procedures shall mean the person, commission, or council which has authority by law or ordinance to make a final decision to approve or disapprove the project at issue. The term "EIR" as used in these procedures shall mean an Environmental Impact Report. The term "OPR" as used in these procedures shall mean the state Office of Planning and Research. The term "NEPA" as used in these procedures shall mean the National Environmental Policy Act. 1 000092 SECTION 4. DELEGATION OF RESPONSIBILITY A. Responsibilities of the Department The Department shall be responsible for the following CEQA functions for all public and private projects: 1. - Preparation of an Initial Study. 2. Preparation and processing of all environmental documents including Negative Declarations and EIR Is. 3. Preparation of responses to public comments. 4. Filing of applicable notices including Notice of Preparation, Notice of Completion, and Notice of Determination. B. Responsibilities of the Director The Director shall be responsible for the following CEQA functions: 1. Determination of whether a project is exempt. 2. Determination to prepare a Negative Declaration or EIR. 3. Determination that a Negative Declaration or EIR has been completed within applicable time limits. SECTION 5. PRELIMINARY REVIEW A. Review for Completeness The Department shall review an application for completeness and notify the project applicant in writing within thirty (30) days after the application is received whether or not the application is complete. If the application is incomplete, the notice shall specify the reasons why. B. Review for Exemptions The requirements of CEQA do not apply where it can be seen with certainty that a particular activity is exempt from CEQA. Possible exemptions from CEQA include: 1. The activity is not a project as defined in Section 15378 of the State Guidelines. 2. The project has been granted an exemption by statute as set forth in Article 18 of the State Guidelines or by categorical exemption as set forth in Article 19 of the State Guidelines. 2 000093 3. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. C. -- Ministerial Projects Ministerial projects are granted an exemption by statute. The following actions are determined to be ministerial, by the City: 1. Issuance of building permits. 2. Issuance of business licenses or business registration. 3. Issuance of home occupation permits. 4. Approval of final subdivision maps. D. Categorical Exemptions The list of classes of projects set forth in Article 19 of the State Guidelines are hereby determined to be categorically exempt with the following exceptions: _. 1. Location: Classes 3, 4, 5, 6, and 11 of the State Guidelines are qualified by consideration of where the project is to be located. A project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. 2. .Cumulative Impact: All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type, in the same place, over time, is significant. For example, annual additions to an existing building under Class I of the State Guidelines may result in a cumulative adverse impact. 3. Significant Effect: A categorical exemption shall not be used for an activity where it can be fairly argued that the activity will have a significant effect on the environment due to unusual circumstances. 3 000094 E. Specific Projects Subject to Categorical Exemptions The following is a list of specific projects often handled by the City which are hereby determined to be within the categorical exemptions of Article 19 of the State Guidelines, subject to the exceptions previously identified: 1. - Encroachment permits, pursuant to Class 4 or Class 5. 2. Grading permits, pursuant to Class 4. F. Notice of Exemntion If the Director determines that a project is exempt under these Procedures and the State Guidelines, he or she may cause to be filed a Notice of Exemption in the form and manner required by Section 15062 of the State Guidelines, after approval or a determination to proceed with the project. The Notice of Exemption shall be mailed to any person who has filed a written request for such notice with the City Clerk or Director of Community Development. Requests for Notices of Exemption must be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Exemption. This subsection shall not be construed in any manner which results in the invalidation of an action because of the failure of a person to receive a requested notice, provided that there has been substantial compliance with the requirements of this subsection. SECTION 6. PROCEDURES FOR THE CONDUCT OF INITIAL STUDIES A. Determination that Initial Study Should Be Conducted If a project is subject to the requirements of CEQA and not exempted by these Procedures, the Department shall conduct an Initial Study to determine if the project may have a significant effect on the environment. If the Director can determine that an EIR will clearly be required for the project, an Initial Study is not required but may still be desirable. If it is determined that an Initial Study is required for a project, all phases of project planning, implementation, and operation shall be considered. An Initial Study or a similar analysis prepared pursuant to_ the National Environmental Policy Act (NEPA) may be used to meet the requirements of this Section. B. Results of Initial Study The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. 4 000095 If the Director determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the Director shall require that an EIR be prepared. A new EIR need not be prepared if the Director determines that a previously prepared EIR would adequately analyze the project under consideration. If the Director determines that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment, the Director shall 6a7use a Negative Declaration to be prepared. C. Contents of An Initial Study An Initial Study shall contain in brief form: 1. A description of the project including the location of the project. 2. An identification of the environmental setting. 3. An identification of environmental effects by use of a checklist, matrix, or other method. 4. A discussion of ways to mitigate the significant effects identified, if any. 5. An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls. 6. The name of the person or persons who prepared or participated in the Initial Study. D. Submission of Data for Initial Study If the project is to be carried out by a private person or private organization, the Director may require such person or organization to submit data and information which will enable the Department to prepare the Initial Study. Any person may submit any information in any form to assist the Department in preparing an Initial Study. E. Format of Initial Study The Director shall approve the format for an Initial Study consistent with the format requirements specified in Section 15063(f) of the State Guidelines. The Director may determine that a previously prepared EIR is adequate for use as the Initial Study for a later project. 5 000036 F. Consultation As soon as the Director has determined that an Initial Study will be required for a project, the Department shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration shoed be prepared. During or immediately after preparation of an Initial Study for a private project, the Department may consult with the applicant to determine if the applicant is willing to modiflf the project to reduce or avoid the significant effects identified in the Initial Study.._ G. Determining Significant Effect The determination of whether or not a project may have a significant effect on the environment shall be made as required by Section 15064 of the State Guidelines. SECTION 7. PROCEDURES FOR THE PREPARATION OF NEGATIVE DECLARATIONS A. Decision to Prepare a Negative Declaration The Director shall cause a Negative Declaration to be prepared for a project under the following circumstances: 1. The Initial Study shows there is no substantial evidence that the project may have a significant effect on the environment, or 2. The Initial Study identified potentially significant effects but: a. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and b. There is no substantial evidence before the Director that the project as revised may have a significant effect on the environment. Any Negative Declaration shall be prepared directly by, or under contract to, the City. 6 ®00097 B. Contents of a Negative Declaration A Negative Declaration circulated for public review shall include: 1. A brief description of the project, including a commonly used name for the project, if any. 2. _The location of the project and the name of the project Notice that the decision - making body proposes to adopt a Negative Declaration shall be provided to the public not less than twenty -one (21) days prior to adoption of the Negative Declaration by the decision - making body. When a Negative Declaration is submitted to the State Clearinghouse for review by state agencies, the public notice period shall be not less than 30 days, unless a shorter review period is approved by the State Clearinghouse. For private projects, notice shall be mailed to all organizations and individuals who have previously requested such notice, and notice shall also be given by both of the following procedures: a. Publication at least one time in a newspaper of general circulation in the area affected by the proposed project. b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. For City projects, notice shall be mailed to all organizations and individuals who have previously requested such notice, and notice shall also be-given by at least one of the following procedures: 7 000098 proponent. 3. A proposed finding that the project will not have a significant effect on the environment. '' 4. An attached copy of the Initial Study documenting reasons to support the finding. 5. Mitigation measures, if any, included in the project to avoid potentially significant effects. 6. A reporting or monitoring program for any mitigation measures, prepared consistent with Section 21081.6 of CEQA, in a format approved by the Director. C. Public Notice Notice that the decision - making body proposes to adopt a Negative Declaration shall be provided to the public not less than twenty -one (21) days prior to adoption of the Negative Declaration by the decision - making body. When a Negative Declaration is submitted to the State Clearinghouse for review by state agencies, the public notice period shall be not less than 30 days, unless a shorter review period is approved by the State Clearinghouse. For private projects, notice shall be mailed to all organizations and individuals who have previously requested such notice, and notice shall also be given by both of the following procedures: a. Publication at least one time in a newspaper of general circulation in the area affected by the proposed project. b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. For City projects, notice shall be mailed to all organizations and individuals who have previously requested such notice, and notice shall also be-given by at least one of the following procedures: 7 000098 a. Publication at least one time in a newspaper of general circulation in the area affected by the proposed project and posting of notice at City Hall. b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. +A copy of the public notice mailing list shall be maintained as a permanent file record. 2. The public notice of the Negative DeclaratioA'may be provided at the same time and in the same manner as public notice otherwise required by law for the project. 3. Approval of a shortened review period by OPR must be given prior to, and reflected in, the public notice. 4. For any project involving the burning of municipal wastes, hazardous waste, or refuse - derived fuel, including, but not limited to, tires, notice shall be given as specified in Section 21092(b) of CEQA. 5. The notice that the decision - making body proposes to adopt a Negative Declaration shall be posted in the office of the -;. County Clerk of the County of Ventura for a period of thirty ( 3 0 ) days. 6. The Department shall notify any public agency which comments on a Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration was prepared. If notice to the commenting public agency is provided pursuant to Section 7.C.1 of these Procedures, that notice shall satisfy the requirement of this subsection. 7. The public notice shall specify the period during which comments will be received on the Negative Declaration and shall include the date, time, and place of any public meetings or hearings on the proposed project; a brief description of the proposed project and its location; and the address where copies of the Negative Declaration are available for review. The Negative Declaration shall be available for review at City Hall and any other location or locations determined by the Director to be beneficial to allow adequate public review. This subsection shall not be construed in any manner which results in the invalidation of an action because of the alleged inadequacy of the notice content, provided that there has been substantial compliance with the notice content requirements of this subsection. 8 000099 D. Public Review of a Negative Declaration Prior to approving public circulation of a Negative Declaration, the Director shall independently review and analyze the Declaration to ensure that it reflects the independent judgment of the City. After the Director has approved public circulation of a Negative Declaration, a public review period of not less than twenty -one (21) days shall be provided prior to approval of the Negative Declaration by the decision - making body. When a Negative Declaration is submitted to the State Clearinghouse for review by state agencies, the public review period shall be not less than 30 days, unless a shorter period -is- approved by the State Clearinghouse. Any request for a shortened review period shall only be made in writing by the Director to OPR, consistent with the criteria for shorter review periods as set forth in the State Guidelines and the "Shortened Review Guidelines Pursuant to AB 886° prepared by OPR. A shortened review period for a Negative Declaration shall not be less than twenty -one (21) days. A copy of the notice and the proposed Negative Declaration shall be sent to every Responsible Agency and Trustee Agency concerned with the project, and every other public agency with jurisdiction by law over resources affected by the project. Where one or more state agencies will be a Responsible Agency, a Trustee Agency, or will exercise jurisdiction by law over natural resources affected by the project, the Department shall send copies of the Negative Declaration to the State Clearinghouse for distribution to the state agencies. E. Consideration and Approval of Negative Declarations The Department shall notify any public agency which comments on a Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration was prepared. If notice to the commenting public agency is provided pursuant to Section 21092 of the Public Resources Code, the notice shall satisfy the requirement of this subsection. Any advisory body making a recommendation to the decision - making body shall consider the proposed Negative Declaration before making its recommendation. Prior to approving the project, the decision - making body shall consider the proposed Negative Declaration together with any comments received during the public review process. Prior to adoption of the Negative Declaration, the decision - making body shall independently review and analyze the Negative Declaration to 9 0001-116-00 find that it reflects the independent judgment of the City. The decision - making body shall approve the Negative Declaration if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. When adopting a Negative Declaration, the decision - making body shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementatidn"'. F. Notice of Determination 1. After the decision - making body has made a decision to carry out or approve a project for which a Negative Declaration has been prepared, the Department shall file a Notice of Determination. The content requirements of the Notice of Determination shall be as set forth in Section 15075 of the State Guidelines. 2. The Notice of Determination shall be filed with the County Clerk of the County of Ventura. If the project requires a discretionary approval from any state agency, the Notice of Determination also shall be filed with OPR. The Notice of Determination shall be filed within five (5) working days after the approval or determination becomes final. 3. At the same time a Notice of Determination is filed with the County Clerk, Section 711.4 of the Fish and Game Code requires persons or entities to pay an environmental filing fee for projecta subject to CEQA that may have any adverse affect on wildlife resources. Pursuant to Public Resources Code Section 21089(b) and Fish and Game Code Section 711.4(c), a project is not operative, vested or final until the State Department of Fish and Game environmental filing fees are paid. 4. The Notice of Determination shall be mailed to any person who has filed a written request for such notice with the City Clerk or Director of Community Development. Requests for Notices of Determination must be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Determination. This subsection shall not be construed in any manner which results in the invalidation of an action because of the failure of a person to receive a requested Notice of Determination, provided that there has been substantial compliance with the requirements of this subsection. 10 000101 G. Federal Projects For projects where federal involvement might require the preparation of a Finding of No Significant Impact, the provisions of Article 14 of the State Guidelines, "Projects Also Subject to the National Environmental Policy Act (NEPA)" shall be followed in addition to the procedures set forth in this Section. SECTION 8. PROCEDURES FOR THE PREPARATION OF EIR'S A. Decision to Prepare an EIR •' When the Director decides that an EIR will be required for a project, the procedures contained in this Section and the State Guidelines shall be followed. B. Notice of Preparation 1. Immediately after deciding that an Environmental Impact Report is required for a project, the Department shall send to each Responsible Agency a Notice of Preparation stating that an Environmental Impact Report will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project and to each Trustee Agency responsible for natural resources affected by the project. The Notice of Preparation shall be sent by certified mail or any other method of transmittal which provides the Department with a record that the notice was received. When one or more state agencies will be a Responsible Agency or a Trustee Agency, the Department shall send a Notice of Preparation to each state Responsible Agency and Trustee Agency with a copy to the State Clearinghouse. 2. The Notice of Preparation shall be posted in the office of the County Clerk of the County of Ventura for a period of thirty (30) days. 3. The contents of the Notice of Preparation shall be as set forth in Section 15082(a)(1) of the State Guidelines. 4. The agencies which are sent a Notice of Preparation have thirty (30) days after receiving such notice to respond in the form and manner as set forth in Section 15082(b) of the State Guidelines. If an agency fails by the end of the thirty (30)- day period to provide either a response to the notice or a well justified request for additional time, the Director may presume that the Responsible Agency has no response to make. 5. The Department shall not circulate a draft EIR for public review before the time period for responses to the Notice of Preparation has expired. 11 000102 6. The Notice of Preparation shall be mailed to any person who has filed a written request for such notice with the City Clerk or Director of Community Development. Requests for Notices of Preparation must be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Preparation. _ This subsection shall not be construed in any manner which results in the invalidation of an action because of the failure of a person to receive a requested notice, provided that there has been substantial compliance with the requirements of this subsection. C. Early Public Consultation Prior to completing the draft EIR, the Department may consult directly with any person or organization it believes will be concerned with the environmental effects of the project. If a Responsible Agency, Trustee Agency, or the project applicant requests one or more meetings between representatives of the agencies involved to assist the City in determining the scope and content of the environmental information which the agency may require, such meetings shall be convened by the City within thirty - (30) days after a meeting request is received. For projects where federal involvement might require preparation of an Environmental Impact Statement, early consultation (also known as scoping) will be required in order to meet the requirements under NEPA for the federal agency. D. Preparing the Draft EIR 1. The Department may require the project applicant to supply data and information both to determine whether the project may have a significant effect on the environment and to assist the Department in preparing the draft EIR. The requested information should include identification of other public agencies which will have jurisdiction by law over the project. 2. Any person, including the applicant, may submit information or comments to the City to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. All information and comments received shall be reviewed by the decision - making body and may be included in the draft EIR in whole or in part. 12 000103 3. One of the following arrangements or a combination of them shall be used for preparing a draft EIR: a. Preparing the draft EIR directly with City staff. b. Contracting with another entity, public or private, to prepare the draft EIR. -c. Executing a third party contract or Memorandum of Understanding with the applicant to govern the preparation of a draft EIR by an independent contractor. d. Using a previously prepared EIR. 4. If a draft EIR is prepared by another entity other than the City, the draft shall be reviewed and analyzed by the Director before it is sent out for public review to ensure its adequacy and objectivity and that the draft EIR reflects the City's independent judgment. E. Contents of Environmental Impact Reports Environmental Impact Reports shall contain the information outlined in Article 9, "Contents of Environmental Impact Reports ", of the State Guidelines. In addition, a draft reporting or monitoring program shall be included in the draft EIR for all mitigation measures proposed in order to mitigate or avoid significant effects on the environment. The Director shall approve the format of a mitigation reporting or monitoring program, consistent with the requirements of Section 21081.6 of CEQA. F. Notice of Completion As soon as the draft EIR is completed, the Department shall file a Notice of Completion with OPR in the format specified in Section 15085 of the State Guidelines. G. Consultation Concerning Draft EIR 1. The Department shall consult with and request comments on the draft EIR from each Responsible Agency; Trustee Agency with resources affected by the project; other state, federal, and local agencies which exercise authority over resources or transportation facilities within the City which may be affected by the project; and any city or county which borders the City of Moorpark. 2. The Department may consult directly with: a. Any person who has special expertise with respect to any environmental impact involved. 13 000:104 b. Persons identified by the applicant, which the applicant believes will be concerned with the environmental effects of the project. C. Members of the public who have made a written request to be consulted on the project. H. Public Notice 1. The Department shall provide public notice of the availability of a draft EIR at the same time as it sends a Notice of Completion to OPR. The minimum notice of the availability of a draft EIR shall be not less than thirty (30) days prior to adoption of the final EIR by the decision - making body. When the draft EIR is submitted to the State Clearinghouse for review, the notice period shall be at least forty -five (45) days unless a shorter review period is approved by the State Clearinghouse. 2. 3. For private projects, notice shall be mailed to all organizations and individuals who have previously requested such notice and notice shall also be given by both of the following procedures: a. Publication at least one time in a newspaper of general circulation in the area affected by the proposed project. b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. For City projects, notice shall be mailed to all organizations and individuals who have previously requested such notice and notice shall also be given by at least one of the following procedures: a. Publication at least one time in a newspaper of general circulation in the area affected by the proposed project and posting of notice at City Hall. b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. A copy of the public notice mailing list shall be maintained as a permanent file record. The public notice of a draft EIR may be provided at the same time and in the same manner as public notice otherwise required by law for the project. Approval of a shortened review period by OPR must be given prior to, and reflected in, the public notice. 14 000105 4. For any project involving the burning of municipal wastes, hazardous waste, or refuse - derived fuel, including, but not limited to, tires, notice shall be given as specified in Section 21092(b) of CEQA. 5. The public notice shall be posted in the office of the County Clerk of the County of Ventura for a period of thirty (30) days. 6. The public notice shall specify the period during which comments will be received on the draft EIR and shall include the date, time, and place of any public meetings or hearings on the proposed project, a brief description of the proposed project and its location, and the address where copies of the -draft EIR are available for review. The draft EIR shall be available for review at City Hall, at the public library serving the area involved, and at any other location or locations determined by the Director to be beneficial to allow adequate public review. This subsection shall not be construed in any manner which results in the invalidation of an action because of the alleged inadequacy of the notice content, provided that there has been substantial compliance with the notice content requirements of this subsection. I. Public Review of a Draft EIR 1. The public review period for a draft EIR shall not be less than thirty (30) days. When the draft EIR is submitted to the State Clearinghouse for review, the review period shall be at least forty -five ( 45 ) days unless a shorter period is approved by the State Clearinghouse. The public review period shall be at least as long as the period of review by the State Clearinghouse. 2. Any request for a shortened review period shall only be made in writing by the Director to OPR, consistent with the criteria for shorter- review periods as set forth in the State Guidelines and the "Shortened Review Guidelines Pursuant to AB 886" prepared by OPR. A shortened review period for a draft EIR shall not be less than thirty (30) days. 3. A copy of the notice and the draft EIR shall be sent to every Responsible Agency and Trustee Agency concerned with -the project and every other public agency with jurisdiction by law over resources affected by the project. 15 000106, 4. Where one or more state agencies will be a Responsible Agency or a Trustee Agency or will exercise jurisdiction by law over natural resources affected by the project, the Department shall send the required number of copies of the draft EIR to the State Clearinghouse for distribution to the state agencies. 5 The Department should submit the Draft EIR to the areawide -clearinghouse for review for any project of regional or areawide environmental significance. 6. A public hearing shall be conducted on the 'draft EIR by the Planning Commission either in a separate proceeding or in conjunction with other proceedings of the Planning Commission. The public notice of the completion of the draft EIR shall include the date and time of the hearing. J. Evaluation of and Response to Comments The Department shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare or cause to be prepared a written response. The Department shall respond to comments received during the noticed comment period, and any extended comment period, and may respond to late comments. At least ten (10) days prior to certification of a final EIR by the decision- making body, the Department shall provide or cause to be provided a written response to any public agency from which the City has received comments on the project pursuant to CEQA. The response to comments shall be consistent with the form and content requirements specified in Section 15088 of the State Guidelines. R. Preparation of Final EIR The Department shall prepare or cause to be prepared a final EIR prior to approval of the project. The contents of a final EIR shall be consistent with the requirements of Section 15132 of the State Guidelines. L. Certification of Final EIR The final EIR shall be presented to the decision - making body for certification that the final EIR has been completed in compliance with CEQA and that the decision - making body has reviewed --and considered the information contained in the final EIR prior to approving the project. Prior to adoption, the decision - making body must independently review and analyze the final EIR and find that the report reflects the independent judgment of the City. 16 000107 M. Findings The decision - making body shall not approve or carry out a project for which an EIR has been completed, which identifies one or more significant environmental effects of the project, unless it makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The required findings shall be supported by substantial evidence in the record. The second finding shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. N. Mitigation Reporting or Monitoring Program When making the findings, the decision - making body shall adopt a reporting or monitoring program for the changes to the project, which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. 17 000108 0. Statement of Overriding Considerations The decision - making body is required to make a statement of overriding considerations where approval of a project would allow the occurrence of significant effects which are not substantially mitigated. This statement may also be necessary if the decision - making body makes a finding under Section 15091(a)(2) or (a)(3) of the State Guidelines. The content of the statement of overriding considerations shall be as specified in Section 15093 of the State Guidelines. The statement of overriding considerations shall hb'included in the record of the project approval and shall be mentioned in the Notice of Determination. P. Approval The decision - making body shall not decide to approve or carry out a project for which an EIR was prepared, unless the project as approved will not have a significant effect on the environment; or the decision - making body has: 1. Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091 of the State Guidelines; 2. Adopted a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment; and 3. Determined that any remaining significant effects on the environment found to be unavoidt-AIle under Section 15091 of the State Guidelines are acceptable due to overriding considerations as described in Section 15093 of the State Guidelines. Q. Notice of Determination 1. The Department shall file a Notice of Determination following each project approval for which an EIR was considered. The content of the Notice of Determination shall be as specified in Section 15094(a) of the State Guidelines. 2. The Notice of Determination shall be filed with the County Clerk of the County of Ventura. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with OPR. The Notice of Determination shall be filed within five (5) working days after the approval or determination becomes final. W 3. At the same time a Notice of Determination is filed with the County Clerk, Section 711.4 of the Fish and Game Code requires persons or entities to pay an environmental filing fee for projects subject to CEQA that may have any adverse affect on wildlife resources. Pursuant to Public Resources Code Section 21089(b) and Fish and Game Code Section 711.4 (c) , a project is not operative, vested or final until the State Department of Fish and Game environmental filing fees are paid. 4. The Notice of Determination shall be mailed to any person who has filed a written request for such notice with the City Clerk or Director of Community Development'.' Requests for Notices of Determination must be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Determination. R. Disposition of Final EIR The Department shall: 1. File a copy of the final EIR with the appropriate planning agency of any city, county, or city and county where significant effects on the environment may occur. ., 2. Include the final EIR as part of the regular project report which is used in the existing project review and budgetary process if such a report is used. 3. Retain one or more copies of the final EIR as public records for a reasonable period of time. 4. Provide or rcquire a project applicant to provide a copy of the certified, final EIR to each Responsible Agency. SECTION 9. TIME LIMITS A. General Preparation and review of environmental documents shall be done within a reasonable period of time. Preparation of an EIR should not cause undue delays in the processing of applications for permits or other entitlements. The time limits specified in this Section are intended to be consistent with Article 8 "Time Limits" of the State Guidelines and any subsequent amendments to CEQA. 19 000110 B. Review of Application for Completeness The Department shall determine whether an application for a permit or other entitlement for use is complete and notify the applicant in writing within thirty (30) days from the receipt of the application, except as provided in Section 15111 of the State Guidelines. If no written determination of the completeness of the application is made within the thirty (30) day period, the application will be deemed complete on the 30th day. C. Initial Studv The Department shall determine within thirty (30) days after accepting an application as complete whether it intends to prepare an EIR, a Negative Declaration, or use a previously prepared EIR or Negative Declaration, except as provided in Section 15111 of the State Guidelines. The thirty (30) day period may be extended an additional 15 days upon the consent of the Director and the project applicant. D. Response to Notice of Preparation Responsible and Trustee Agencies shall provide a response to a Notice of Preparation to the City within thirty (30) days after receipt of the notice. If an agency fails to reply within the thirty (30) days with either a response or a well - justified request for additional time, the Department may assume that the agency has no response to make and may ignore a late response. E. Convening of Meetings The Department shall convene a meeting with Responsible and Trustee Agency representatives to discuss tha ecope and content of the environmental information an agency will need to the EIR as soon as possible, but no later than 30 days after receiving a request for the meeting. The meeting may be requested by City staff, a Responsible Agency, a Trustee Agency, or by the project applicant. F. Public Review 1. The public review period for a draft EIR should be not less than thirty (30) days nor longer than ninety (90) days except in unusual circumstances. 2. The public review period for a Negative Declaration shall be not less than twenty -one (21) days. 3. If a draft EIR or Negative Declaration has been submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. 20 0301111 G. Review by State Agencies When a draft EIR or Negative Declaration is submitted to the State Clearinghouse for review, the normal review period is forty -five (45) days for draft EIR's and thirty (30) days for Negative Declarations. The State Clearinghouse may set shorter review periods when requested in writing by the decision - making body due to exceptional circumstances. H. Completion of Negative Declaration With a private project, the Negative Declaration ibiist be completed and ready for approval within one hundred and five (105) days from the date when the Department accepted the application as complete. The Negative Declaration may be approved at a later time when the permit or other entitlement for use is approved. The Negative Declaration shall be approved within six (6) months from the date on which an application requesting approval of the project has been accepted as being complete, unless the project proponent requests an extension of the time limit. The time limit may be extended once, for a period of not more than ninety (90) days, upon consent of the Director and the applicant. I. Completion and Certification of EIR With a private project, the decision - making body shall complete and _- certify the final EIR within one year after the date when the Department accepted the application as complete, unless the project proponent requests an extension of the time limit. The time limit may be extended once, for a period of not more than ninety (90) days, upon consent of the Director and the applicant. J. Suspension of Time Periods An unreasonable delay by an applicant in meeting requests by the Department necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods, described in Sections 15107 and 15108 of the State Guidelines and Subsections H and -I of Section 9 of these procedures, for the period of the unreasonable 'delay. Alternatively, the decision - making body may disapprove a project application where there is an unreasonable delay by the applicant in meeting requests for information by the Department. The Director may allow a renewed application to start at the same point in the process where the application was when it was disapproved. 21 000112 R. Proiects with Federal Involvement 1. At the request of an applicant, the Director may waive the one -year time limit for completing and certifying a final EIR or the one hundred and five (105) day period for completing a Negative Declaration if: a. The project will be subject to CEQA and to the National Environmental Policy Act; b. Additional time will be required to prepare a combined EIR -EIS or combined Negative Dec laratibn- Finding of No Significant Impact as provided in Section 15221 of the State Guidelines; and C. The time required to prepare the combined document will be shorter than the time required to prepare the documents separately. 2. The time limits for taking final action on a permit for a development project may also be waived where a combined EIR - EIS will be prepared. 3. The time limits for processing permits for development projects under Government Code Sections 65950 -65960 shall not apply if federal statutes or regulations require time schedules which exceed the state time limits. In this event, a final decision on the project must be made within the federal time limits. L. Projects with Short Time Periods for Avoroval 1. Where a statute or ordinance requires the City to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult, the Director shall deem an application for a project "not received for filing ", until such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable the CEQA process to be finished within the short permit time limit. This section will apply where all of the following conditions are met: a. The enabling legislation for a program, other than Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time that is six (6) months or less, and b. The enabling legislation provides that the project will become approved by operation of law if the City fails to take any action within such specified time period, and 22 000113 c. The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use. 2. Examples of time periods subject to this section are given in Section 15111 of the State Guidelines. 3. For any project subject to this section, the environmental document shall be completed or certified and the decision on - the application shall be made within one year from the date on which an application requesting approval of such project has been received and accepted as complete for CEQA processing by the City. This one -year time limit may be extended once for a period not to exceed ninety (90) days upon consent of the Director and the applicant. SECTION 10. FEES If a project is to be carried out by any person or entity, other than the City, the Director may collect a reasonable fee from such person or entity to recover the estimated costs incurred in preparing the EIR or Negative Declaration. The Director may also collect a reasonable fee from any person or entity, other than the City, who files an appeal pursuant to these procedures to recover the estimated costs incurred relative to the appeal. Section 711.4 of the Fish and Game Code requires persons or entities to a an environmental filing fee for pay g projects subject to CEQA that may have an adverse affect on wildlife resources. The California Department of Fish and Game environmental filing fee is due and payable at the time a Notice of Determination is filed with the County Clerk. To ensure compliance with Section 711.4 of the Fish and Game Code, the Department shall require a project applicant to submit a check, payable to the County of Ventura, for the Fish and Game fee and the documentary handling fee within two (2) working days following project approval. The Department shall then forward the project applicant's check with the Notice of Determination to the County Clerk within five (5) working days following project approval. SECTION 11. APPEALS A. Any decision of the Director to require the preparation of an EIR or Negative Declaration may be appealed to the Planning Commission by the project applicant or other interested party. The appeal shall be in writing and shall be filed with the Director within fifteen (15) days after the environmental document determination is made. 23 000114 B. A public hearing on the appeal shall be held not more than thirty (30) days after the appeal is filed. The public hearing for the appeal shall be noticed consistent with the Moorpark Operating Procedures for Legal Notices and Ordinances - Publication, Mailing & Posting. The decision of the Planning Commission may be appealed to, and shall be heard by, the City Council in accordance with the procedures set forth in this section. C. The decision of the Planning Commission or other advisory body with respect to the approval of a Negative Declaration or certification of an EIR may be appealed to the'City Council in the same manner that the decision to approve or disapprove the proposed project may be appealed. 24 0100:.15 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK SS. ,V I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 92 -872 was adopted by the City Council of the City of Moorpark at a meeting held on the 15th day of July 1992, and that the same was adopted by the following vote: AYES: Councilmembers Montgomery, Perez, Talley, Wozniak, Mayor Lawrason NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of July 1992. --Lillian E. Kel erman City Clerk PAUL W LAWRASON JR, JOHN E. WOZNIAK SCOTT MONTGG'.1ERN BEPNARDO 1.1 PEREZ Mayor Mayor Pro Tern CouncdmembF• Councilmember 000116 ROY E. TALLEY JR Councdmember RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING LOCAL PROCEDURES FOR THE IMPLEMENTATION OF' THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUTES AND GUIDELINES AND RESCINDING RESOLUTION NO. 92 -872 WHEREAS, Section 21082 of the California Public Resources Code and Section 15022 of the California Code of Regulations require each public agency in the State to adopt objectives, criteria, and specific procedures for administering responsibilities under CEQA; and WHEREAS, Resolution No. 92 -872, which previously established "Procedures of the City of Moorpark to Implement the California Environmental Quality Act ", requires updating to address revisions to the CEQA Statutes and CEQA Guidelines since 1992. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECISION OF CURRENT PROCEDURES: Resolution No. 92 -872 is hereby rescinded. SECTION 2. ADOPTION OF NEW PROCEDURES: The City Council hereby adopts the updated "Procedures of the City of Moorpark and Moorpark Redevelopment Agency to Implement the California Environmental Quality Act ", attached as Exhibit A, to be followed by the City of Moorpark in the administration of its responsibilities under CEQA. SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. CC ATTACHMENT 2 000117 Resolution No. 2004 - Page 2 PASSED AND ADOPTED this 21st day of July, 2004. ATTEST: Patrick Hunter, Mayor ueooran b. 'rrattenstedt, City Clerk Exhibit A - Procedures of the City- of Moorpark and Moorpark Redevelopment Agency to Implement CEQA 000115 EXHIBIT A PROCEDURES OF THE CITY OF MOORPARK AND MOORPARK REDEVELOPMENT AGENCY TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADOPTED , 2004 BY MOORPARK CITY COUNCIL RESOLUTION NO. 2004- ADOPTED , 2004 BY MOORPARK REDEVELOPMENT AGENCY RESOLUTION NO. 2004- SECTION 1: PURPOSE, AUTHORITY, AND SHORT TITLE SECTION 2: RELATIONSHIP TO STATE CEQA GUIDELINES SECTION 3: RESPONSIBILITY SECTION 4: PRELIMINARY REVIEW SECTION 5: INITIAL STUDY SECTION 6: NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS SECTION 7: ENVIRONMENTAL IMPACT REPORTS SECTION 8: TIME LIMITS SECTION 9: REVIEW OF OTHER AGENCY DOCUMENTS SECTION_ 1: PURPOSE, AUTHORITY, AND SHORT TITLE These procedures are adopted to implement the California Environmental Quality Act (CEQA) — Division 13 of the Public Resources Code (Section 21000 et seq.), and the Guidelines for Implementation of the California Environmental Quality Act (State CEQA Guidelines) — Title 14, Chapter 3 of the California Code of Regulations (Section 15000 et seq.), as amended. They may be referred to as the "City CEQA Procedures ". These City CEQA Procedures are intended to satisfy the requirements of Section 21082 of the Public Resources Code and Section 15022 of the California Code of Regulations for both the City of Moorpark and the Moorpark Redevelopment Agency. Any reference to "City" in these guidelines shall be inclusive of both the City of Moorpark and Moorpark Redevelopment Agency unless expressly stated otherwise. SECTION 2: RELATIONSHIP TO STATE CEQA GUIDELINES The State CEQA Guidelines, as amended from time to time, are hereby incorporated by reference as authorized under Section 15022(d) of the State CEQA Guidelines. If any 000119 City CEQA Procedures (712112004) Page 2 section of the City CEQA Procedures is found in conflict with any provision of the State CEQA Guidelines, the State CEQA Guidelines shall control. SECTION 3: RESPONSIBILITY The Community Development Director or staff member designated by the Community Development Director shall be responsible for the application and interpretation of these City.. CEQA Procedures and the following functions pursuant to the State CEQA Guidelines for all public and private projects when the City of Moorpark or Moorpark Redevelopment Agency act as the lead agency: a) Determination of applicability of CEQA; b) Review of projects for exemption from CEQA; c) Review of project applications for completeness; d) Preparation of Initial Studies and determinations of whether Negative Declarations, Mitigated Negative Declarations, or Environmental Impact Reports (EIRs) shall be prepared; e) Preparation and processing of Negative Declarations, Mitigated Negative Declarations and related documents; f) Preparation and processing of EIRs and related documents, including responses to public comments and draft findings; and g) Preparation and filing of applicable notices including Notices of Exemption, Notices of Preparation, Notices of Completion, and Notices of Determination. h) Preparation and updating of all forms and applications needed to carry out these responsibilities. SECTION 4: PRELIMINARY REVIEW a) Determination of Applicability of CEQA to an Activity Each activity that is initiated by the City, is funded in whole or part by the City, or requires authorization or entitlement from the City is subject to an initial project review to determine whether the activity is exempt from CEQA or requires an Initial Study. Eligible exemptions are identified in CEQA and in the State CEQA Guidelines and include ministerial projects, emergency projects, other statutory exemptions, categorical exemptions, and general rule exemptions per State CEQA Guidelines Section 15061(b)(3). The determination of CEQA applicability under the initial project review shall be made by the Community Development Director. Additional information from the applicant may be required to make this determination. b) Ministerial Activities Activities over which the City has only ministerial authority and that are exempt from CEQA under Section 21080(b)(1) of CEQA and Section 15268 of the State CEQA Guidelines include but are not limited to: S: \Community DevelopmentWDMIN \Environmental \City CEQA Procedures \City CEQA Procedures.doc 0G01 r:0 City CEQA Procedures (712912004) Page 3 1. Issuance of a Building Permit where no Discretionary Permit (as listed in Chapter 17.44 of the Moorpark Municipal Code) is required. 2. Issuance of a Zoning Clearance where no 'Discretionary Permit (as listed in Chapter 17.44 of the Moorpark Municipal Code) is required. 3. Issuance of a Business License or Business Registration Permit. 4: Issuance of a Home Occupation Permit. 5. Approval of a Final Subdivision Map per Section 66458 of the Government Code. 6. Approval of a Lot -Line Adjustment per Section 66412(d) of the Government Code. 7. Issuance of a Certificate of Compliance per Section 66499.35(a) of the Government Code. c) Categorically Exempt Projects The List of Categorical Exemptions in Article 19 of the State CEQA Guidelines shall serve as the City of Moorpark's list of specific categorically exempt activities. Categorical exemptions shall only be considered where a project has not been determined to be exempt from CEQA as a ministerial project, an emergency project, or an otherwise statutorily exempt project. Special circumstances may exist as noted in Section 21084 of CEQA and Section 15300.2 of the State CEQA Guidelines that make such projects ineligible for a categorical exemption. The Community Development Director shall determine if a project normally eligible for a categorical exemption is not eligible based on exceptions set forth in Section 21084 of CEQA and Section 15300.2 of the State CEQA Guidelines, including the possibility that the activity may have a significant effect on the environment. The determination of the possibility of a significant effect shall be based on the same criteria used in an Initial Study, although an Initial Study checklist does not need to be completed for this determination. d) Notice of Exemption i. Preparation and Filing of Notice: Except as provided in Section 21152.1(a) of CEQA, the preparation and filing of a Notice of Exemption is not mandatory under CEQA and the State CEQA Guidelines. The decision to prepare and file a Notice of Exemption for a City project shall be determined by the Community Development Director in consultation with the Director of the responsible department. Notices of Exemption for private projects shall be prepared and filed by the Community Development Director only upon request by the project applicant and payment of fees to offset any staff costs, consultant costs, or filing fees. Notices of Exemption shall be prepared and filed in the form and manner required by Section 15062 of the State CEQA Guidelines, after approval or determination to proceed with the project. ii. Request for Notices: A copy of the Notice of Exemption shall be mailed (or e- mailed if requested) to any person who has filed a written request for such notice with the City SACommunity Development \ADMIN \Environmental\City CEQA Procedures \City CEQA Procedures.doc 000121 City CEQA Procedures (712112004) Page 4 Clerk or Director of Community Development. Requests to receive Notices of Exemption shall be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a copy of a Notice of Exemption. SECTION 5: INITIAL STUDY a) Application If a project has been determined to be subject to the preparation of an Initial Study, the project applicant shall submit all information necessary for its preparation in a form as determined by the Community Development Director. Within thirty (30) days of receipt of the application by the City, a determination on completeness shall be made and the applicant shall be notified of all information required to complete the application. b) Fees L Application Fee: The project applicant shall submit a fee as established by City Council Resolution for the preparation of the Initial Study at the time of the filing of the application. ii. Consulting Services: Consulting services may be necessary to assist City staff in whole or in part in the preparation of an Initial Study. In such cases for private projects, within thirty (30) days of receipt of the application, the Community Development Director shall notify the project applicant of the required deposit to cover the cost of consulting services along with City administrative fees. iii. Application Incomplete if Fees Not Paid: The application shall not be considered complete unless all fees, including fees for Initial Study preparation, consulting services, and the processing of any other applications that have been filed for the project, have been paid in full. c) Determining Significance of Project's Environmental Effects i. Use of Initial Study Form: The Community Development Director shall determine, through the preparation of an Initial Study, if a project may cause a significant effect on the environment, and whether a Negative Declaration, Mitigated Negative Declaration, or EIR shall be prepared. The Initial Study shall be prepared on a form approved by the Community Development Director consistent with CEQA and the State CEQA Guidelines. If determined that an EIR will clearly be required for a project, the preparation of an Initial Study may be waived by the Community Development Director. ii. Thresholds of Significance: Thresholds for determining the significance of the environmental effect of a project shall be based on Sections 15064, 15064.5 and 15065 of the State CEQA Guidelines, the City's General Plan, applicable specific plans, the Municipal Code, the Redevelopment Plan, and any additional information as deemed necessary by the Community Development Director. iii. Consultation: Prior to completion of an Initial Study, informal consultation shall be initiated with known responsible and trustee agencies to obtain the recommendation of those agencies as to whether an EIR, Negative Declaration, or Mitigated Negative Declaration should be prepared. SACommunity Development\ADMIN\Environmental \City CEQA Procedures \City CEQA Procedures.doc 000122 City CEQA Procedures (712912004) Page 5 iv. Project Modification: During or immediately after the preparation of the Initial Study, the applicant may be consulted to determine the willingness to modify the project to reduce or avoid potential significant effects. The unwillingness to modify a project to reduce or avoid potential significant effects may require the preparation of an EIR unless other mitigation could be identified. v. Additional Studies: In order to avoid an unnecessary EIR or to focus the analysis of an EIR, additional information or data may be requested from the applicant in order to complete the Initial Study. Should the applicant not agree to provide such information, an Environmental Impact Report may be required unless mitigation or project modification could address the concerns for which the specific information is requested. vi. Appeal of Decision: The decision on whether a Negative Declaration, Mitigated Negative Declaration, or EIR shall be prepared may be appealed by any person, including a member of the Planning Commission or City Council, following the procedures and time limits specified in Chapter 17.44 of the Moorpark Municipal Code. SECTION 6: NEGATIVE DECLARATIONS AND MITIGATED NEGATIVE DECLARATIONS a) Decision to Prepare a Negative Declaration or Mitigated Negative Declaration The Community Development Director shall cause a proposed Negative Declaration or Mitigated Negative Declaration to be prepared for a project when the findings in Section 15070 of the State CEQA Guidelines can be met by the project. b) Public Review Upon preparation of a proposed Negative Declaration or Mitigated Negative Declaration, a Notice of Intent to Adopt the Negative Declaration or Mitigated Negative Declaration shall be prepared, published in a newspaper of general circulation, and distributed for public review in accordance with the requirements of Sections 15072 and 15073 of the State CEQA Guidelines. The time period for public review shall be determined by the Community Development Director consistent with these requirements. The notice may be provided in conjunction with any other required notice for the project, provided that all requirements of the State CEQA Guidelines are met. c) Consideration and Adoption of Negative Declarations and Mitigated Negative Declarations i. Advisory Bodv: The Community Development Director shall present the proposed Negative Declaration or Mitigated Negative Declaration to any advisory body of the decision - making body for consideration before making its recommendation. The advisory body shall make a recommendation on the adoption of the proposed Negative Declaration or Mitigated Negative Declaration at the time of making a recommendation on the project. For the purposes of the section, "advisory bodies" shall include the Planning Commission and the Parks and Recreation Commission when acting in an official advisory capacity to the City Council as set forth in the Moorpark Municipal Code and /or State law and shall not include City Council standing committees or ad -hoc committees. SACommunity Development\ADMIN \Environmental \City CEQA Procedures\City CEQA Procedures.doc 000123 City CEQA Procedures (712112004) Page 6 ii. Decision - Making Body: The proposed Negative Declaration or Mitigated Negative Declaration shall be presented to the decision - making body of the City prior to consideration of the project. The Negative Declaration or Mitigated Negative Declaration may be adopted prior to or concurrent with the approval of the project for which it was prepared in accordance with the requirements of Section 15074 of the State CEQA Guidelines. If the Negative Declaration or Mitigated Negative Declaration is adopted by a non - elected decision - making body, that adoption may be appealed to the City Council by any person, including a member of the Planning Commission or City Council, following the procedures and time limits specified in Chapter 17.44 of the Moorpark Municipal Code. d) Notice of Determination i. Preparation and Filing: After a decision has been made to carry out or approve a project for which a Negative Declaration or Mitigated Negative Declaration has been adopted, the Community Development Director shall cause a Notice of Determination to be prepared and filed in accordance with Section 21152 of CEQA and Section 15075 of the State CEQA Guidelines. Any fees associated with the filing of the Notice of Determination or required under Section 711.4 of the Fish and Game Code shall be paid by the project applicant upon project approval prior to the filing of the Notice. ii. Request for Notices: The Notice of Determination shall be mailed (or e- mailed if requested) to any person who has filed a written request for such notice with the City Clerk or Community Development Director. Requests to receive Notices of Determination shall be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Determination. SECTION 7: ENVIRONMENTAL IMPACT REPORTS a) Use of Consultant to Prepare EIRs for Private Projects i. Requirement for Private Projects: Due to the need for specialized expertise and resources, a consultant specializing in the preparation of EIRs shall be retained by the City under contract to prepare an EIR when required for a private project. A consultant may be used to assist in all stages of EIR preparation including the preparation of the Initial Study, Notice of Preparation, Draft EIR, Notice of Completion, Mitigation Monitoring and Reporting Program, Responses to Comments, Findings, Statement of Overriding Considerations, and Notice of Determination, as well as the presentation of information at meetings and hearings, as determined necessary by the Community Development Director. This requirement may be waived on projects for which an agreement exists between the applicant and the City that specifically provides for a different EIR preparation process. ii. Selection of Consultant: The Community Development Director shall identify and seek proposals from at least three (3) consultants that a) meet the qualifications and restrictions specified in the City's standard professional services agreement, b) have demonstrated experience in the preparation of EIRs for similar projects, and c) have the necessary staff and other resources available to prepare an EIR that meets CEQA SACommunity Development\ADMIN \Environmental \City CEQA Procedures \City CEQA Procedures.doc 000124 City CEQA Procedures (712112004) Page 7 requirements within established time limits. The request for proposals shall only be sent to qualified consultants that have indicated that a proposal will be prepared and submitted. A consultant that does not submit a proposal after committing to submit a proposal may be disqualified from receiving future requests for proposals. After receiving proposals, a review committee established by the Community Development Director shall select the consultant to prepare the EIR based on criteria set forth in the request for proposals. Interviews of the prospective consultants may be held if determined necessary by the Community Development Director. iii. Applicant Payment of Fees and Agreement with City: After selecting a consultant and agreed upon a scope of work, the applicant shall be notified of the cost to prepare the EIR, including both consultant costs and City administrative costs. Before any work on the EIR may be authorized by the City, the applicant shall deposit with the City an amount of money that will cover all costs specified above, and enter into an agreement with the City on terms for the completion of the EIR. iv. Execution of Professional Services Agreement: Prior to executing a professional services agreement for the preparation of an EIR, the consultant selected by the City shall file a statement with the City Clerk to confirm no conflicts of interest per contract requirements, demonstrate possession of liability insurance and statutory workers compensation coverage acceptable to the City, and secure a City business registration. v. Contact between Applicant and Consultant: Only information or data submitted by the applicant that is authorized by the Community Development Director may be used by the consultant in the preparation of the EIR. Such information or data must be independently verified by the consultant. Communication between the applicant and consultant may only occur if preauthorized by the Community Development Director, and may be conditioned to only take place with the Community Development Director present. E- mails, video conferencing or other electronic communication involving both the applicant and consultant shall be coordinated through the Community Development Director. vi. Request for Additional Information: During the course of preparation of the Draft EIR, the Community Development Director may require the project applicant to supply any additional information needed for its preparation. vii. Review of Preliminary Draft Materials: The Community Development Director shall review and approve all reports, notices and any other information related to the EIR prepared by the consultant prior to release for public review. b) Notice of Preparation i. Preparation and Filing: After determining that an EIR is required and receiving full payment of fees for its preparation from the project applicant, the Community Development Director shall cause a Notice of Preparation of an EIR to be prepared, filed, and distributed in accordance with Section 21080.4 of CEQA and Section 15082 of the State CEQA Guidelines. The Community Development Director may extend the notification beyond that required by the State CEQA Guidelines as needed based on the SACommunity Development\ADMIN \Environmental \City CEQA Procedures \City CEQA Procedures.doc 000125 City CEQA Procedures (712112004) Page 8 public interest or potential impact area of the project. The Notice of Preparation and any comments received during the comment period as set forth in the notice shall be included in the Draft EIR as an appendix. ii. Request for Notices: The Notice of Preparation shall be mailed (or e- mailed if requested) to any person who has filed a written request for such notice with the City Clerk or Community Development Director. Requests to receive Notices of Preparation shall-be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Preparation. ii. Scoping Meeting: If not otherwise required by CEQA or the State CEQA Guidelines, a scoping meeting may be held during the Notice of Preparation comment period -if determined necessary by the Community Development Director to assist in the identification of EIR issues and alternatives. c) Draft EIR . Notice of Completion: As soon as the Draft EIR is completed, the Community Development Director shall cause a Notice of Completion to be prepared and filed with the State Office of Planning and Research as set forth in the State CEQA Guidelines. The time period for review of the Draft EIR shall be determined by the Community Development Director consistent with the requirements of the State CEQA Guidelines. ii. Consultation: The Community Development Director shall identify, consult with, and request comments from all agencies and individuals as required under Section 15086 of the State CEQA Guidelines. iii. Public Review: At the time the Notice of Completion is prepared and filed, the Community Development Director shall also cause a notice of the availability of the draft EIR to be published in a newspaper of general circulation and provided by mail to property owners owning property within one - thousand feet (1,000') of the project site boundaries along with other individuals and organizations that have requested notification. The notice shall comply with all requirements of Section 15087 of the State CEQA Guidelines and may be provided in conjunction with any other required notice for the project, provided that all requirements of the State CEQA Guidelines are met. Copies of the Draft EIR and notice of availability shall be made available for public review at City Hall, the Moorpark Library, and electronically on the City's web site. Electronic copies of the Draft EIR shall be made available for purchase at City Hall, and paper copies shall be made available for purchase through an arrangement with a local copying service. iv. Public Hearing: A public hearing to solicit oral comments on the Draft EIR shall be conducted by the Planning Commission for projects where the City is the lead agency, or by the Moorpark Redevelopment Agency where the Moorpark Redevelopment Agency is the lead agency. The time, date, and location of the public hearing shall be noticed with the notice of availability of the Draft EIR. The public hearing shall be scheduled to take place late enough in the Draft EIR comment period to allow sufficient SACommunity Development\ADMIN \Environmental \City CEQA Procedures\City CEQA Procedures.doc 000126 City CEQA Procedures (712112004) Page 9 time for meaningful public review of the Draft EIR as determined by the Community Development Director. After all individuals and agencies present at the hearing have had an opportunity to provide oral comments, the public hearing on the Draft EIR shall be closed and the Planning Commission shall refer all oral comments to the Community Development Director to be combined with all written comments received during the Draft EIR comment period for the preparation of responses. d) Responses to Comments i. Transmittal of Comments to Consulting Firm: After the review period for the draft EIR closes, all comments submitted in writing (on paper or through e-mail) and minutes summarizing oral comments made at the public hearing shall be transmitted to the consultant for preparation of preliminary draft responses. ii. Preparation of Revised Draft EIR: After reviewing preliminary draft responses to the comments received, the Community Development Director shall determine if there are sufficient changes to the Draft EIR to warrant the preparation of a Revised Draft EIR that incorporates all the changes. At this time, the Community Development Director shall also determine if any significant new information will be added to the EIR warranting recirculation of all or a portion of the EIR pursuant to Section 15088.5 of the State CEQA Guidelines. iii. Transmittal of Draft Responses to Commentators: At least ten (10) days prior to consideration of certification of the Final EIR, the Community Development Director shall cause to be sent to each agency and individual that has commented on the EIR and has provided a legible mailing address in the comment letter the draft responses to that agency or individual's comments. e) Preparation of the Final EIR The Community Development Director shall determine whether the Draft EIR shall be reprinted with revisions incorporated based on responses to comments received. The Final EIR shall include the Draft EIR or a revision of the Draft, comments received in writing and a synopsis of comments made at the public hearing on the Draft EIR, a list of agencies and individuals who made comments, the Responses to Comments, and any additional information determined necessary by the Community Development Director. f) Certification of the Final EIR: A draft of the Final EIR shall be presented by the Community Development Director to any advisory body for the project for a recommendation to the decision - making body on certification of the Final EIR. The decision - making body of the City shall certify the final EIR prior to approval of the project for which the EIR was prepared. If the Final EIR is certified by a non - elected decision - making body, that certification may be appealed to the City Council by any person, including a member of the Planning Commission or City Council, following the procedures and time limits specified in Chapter 17.44 of the Moorpark Municipal Code. SACommunity Development\ADMIN \Environmental \City CEQA Procedures \City CEQA Procedures.doc 000127 City CEQA Procedures (712112004) Page 10 g) Findings for Approval of Project: i) Preparation of Draft Findings: When staff or an advisory body is recommending approval of a project, or as directed by the decision- making body, the Community Development Director shall cause to be prepared draft written Findings consistent with the requirements in Section 15091 of the State CEQA Guidelines for any project for which the EIR identifies one or more significant environmental effects. ii) Consideration of Findings and Project: The decision - making body shall not approve a project unless written findings are made for each of the significant effects, accompanied by a brief explanation of the rationale for each finding. After considering the Final EIR and in conjunction with making findings, the decision - making body may decide whether or how to carry out the project. The project for which the EIR was prepared shall not be approved unless either: 1. the project as approved will not have a significant effect on the environment; or 2. the City has eliminated or substantially lessened all significant effects on the environment where feasible as shown in the Findings and any remaining significant effects on the environment have been determined to be unavoidable under Section 15091 of the State CEQA Guidelines and acceptable due to overriding concerns as described in Section 15093 of the State CEQA Guidelines. iii) Mitigation Reporting or Monitoring Program: When making the findings, the decision - making body shall adopt a reporting or monitoring program for the changes to the project, which it has adopted or made a condition of project approval in order to substantially lessen or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. In preparing the reporting or monitoring program, the City may use the information contained in the draft monitoring or reporting programs that it receives from trustee agencies. iv) Statement of Overriding Considerations: If the benefits of a proposed project outweigh the unavoidable adverse effects, such effects may be considered "acceptable." If the City approves a project that allows the occurrence of significant effects, it shall adopt a Statement of Overriding Considerations that states specific reasons to support its action based on the final EIR and /or other information in the record. h) Notice of Determination: L Preparation and Filing: After a decision has been made to carry out or approve a project for which a Final EIR has been certified, the Community Development Director shall cause a Notice of Determination to be prepared and filed in accordance with Section 15094 of the State CEQA Guidelines. Any fees associated with the filing of the Notice of Determination or required under Section 711.4 of the Fish and Game Code shall be paid by the project applicant upon project approval prior to the tiling of the Notice. SACommunity Development \ADMIN \Environmental\City CEQA Procedures\City CEQA Procedures.doc q 000128 City CEQA Procedures (712112004) Page 11 ii. Request for Notices: The Notice of Determination shall be mailed (or e- mailed of requested) to any person who has filed a written request for such notice with the City Clerk or Community Development Director. Requests to receive Notices of Determination shall be renewed annually and are subject to a fee which is reasonably related to the costs of providing this service. Public agencies shall not be required to pay a fee to receive a Notice of Determination. i) Disposition of Final EIR The Community Development Director shall be responsible for the distribution and filing of the Final EIR consistent with Section 15095 of the State CEQA Guidelines. SECTION 8: TIME LIMITS For projects subject to CEQA involving the issuance of a lease, permit, license, certificate, or other entitlement, where the City of Moorpark is the lead agency, the following time limits apply, consistent with Section 21151.5 of CEQA. These time limits are measured from the date the application is deemed complete. A reasonable extension of time is permitted in the event compelling circumstances justify additional time and the project applicant consents thereto. a) One (1) year for completing and certifying Environmental Impact Reports. b) One hundred eighty (180) days for completing and adopting Negative Declarations. SECTION 9: REVIEW OF OTHER AGENCY DOCUMENTS The Community Development Director shall be the point of contact for the review of CEQA documents prepared for other agencies and shall be responsible for coordinating City review of other agency documents. When the City acts a Responsible Agency for a project, the Community Development Director is responsible for complying with the requirements for a Responsible Agency under Section 15096 of the State CEQA Guidelines. SACommunity Development\ADMIN \Environmental \City CEQA Procedures \City CEQA Procedures.doc O O O J.2 9