HomeMy WebLinkAboutRES CC 1984 122 1984 0108Y y "lam',
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RESOLUTION NO. 84- 122
A RESOLUTION OF THE CITY COUNCIL OF THE CI`T'Y
OF MOORPARK, CALIFORNIA, ADOPTING PROCEDURES
FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT AND THE STATE CEQA GUIDE-
LINES.
WHEREAS, the State CEQA Guidelines, Title 14, California
Administrative Code, Section 5022, provides that each public
agency must adopt procedures consistent with the California
Environmental Quality Act ( "CEQA ") and the State CEQA Guide-
lines for admini- stering its responsibilities under. CEQA;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The "Procedures of the City of Moorpark to Implement
the California Environmental Quality Act ", attached hereto and
made a part hereof., is hereby adopted as the procedures to be
followed by the City in the administration if its responsibilities
under CEQA.
SECTION 2. The Mayor shall sign and the City Clerk shall attest
to the passage and adoption of this resolution.
PASSED AND ADOPTED this 1st day of Auqust, 1984.
May
ATTEST:
(S
^r'y r
PROCEDURES OF THE CITY OF MOOR;'ARK TO IMPLEMENT
THF; CALIFORNIA ENV I RONM E N1 AL QUALITY ACT
SECTION 1. AUTHORITY
These procedures are adopted to implement the
California Environmental Quality Act ( "CEQA "), Public
Resources Code Section 21000 et seq., and the State CEQA
Guidelines ( "State Guidelines "), 14 California Administra-
tive Code Section 15000 et seq., as amended, and may be
referred to as "The City of Moorprirk C'F;OA Procedures."
SECTION 2. RELATIONSHIP TO STATE GUIDELINES
The State Guidelines ar.F, hereby incorporated by
reference. These implementing procedures are not meant
to replace the State Guidelines hut-. to implement and tailor
the general provisions of the 5t.at c- c;u idol ines to the
specific operations of the City. If any section of these
procedures are in conflict with or _,<,ntrary to any provision
of the State Guidelines as they now t -xist or may be amended
hereafter, the Stato Guidelines sl::rI I control.
SECTION 3. DEFINITIONS
The term "Department" <is ;rscd in these procedures
shall mean the Department of t.()rnmun i t.y Development of the
City.
The term "Director" as used in these procedures
shall mean the Director of C:ommunif} Development, who is
responsible for CEQA functions or) X11 projects.
The term "advisory body" as used in these proce-
dures shall mean the person, committee, or commission which
has authority by law or ordinance ccnnrnent. upon or dive an
advisory decision on the project rit issue.
The tern: "decision -mak i n:I hody" as use(, in these
procedures shall mean the person, -Ornini.s` ion or council
which has authority by law or ordin(rnce to make a final
decision to approve or disapprove the prop ect at. issue.
SECTION 4. DELEGATION UP RESPONSIBILITY
A. Responsibilities of the Department
The Department sha1L be responsible for the
preparation and processing of environmental documents for
all public and private projects.
B. Responsibilities of the Director
The Director shall he responsible for the
following CE:QA functions:
(1) Determination of whether a project is
exempt;
(2) Conduct of an Initial study;
(3) Determination to prepare, and preparation
of, a Negative Declaration or FIR;
(4) Determination that a Negative Declaration
or EIR has been cornpleted within applicable time
limits;
(5) Preparation of responses to public
comments;
(6) Filing of applicable Notices.
SECTIUN 5. PRELIMINARY REVIEW
A. Review for Completeness
The Director shall review an application for
completeness and notify the project applicant in writing
within thirty (30) days after the application is submitted
whether or not the application is complete. If the applica-
tion is incomplete, the notice shell specify the reasons
therefor.
B. Review for Exemptions
Where it can be seen wit_n certainty that there
is no possibility that the activity in question may have a
significant effect on the environment., the requirements of
CEQA do not apply. Such activities include the statutory
exemptions set forth in Article Li? ()f the State Guidelines,
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projects over which the City has only ministerial. authority
and activities which are found to he categorically exempt.
(1) Ministerial Permits
(a) Building permits
(b) Business licenses
(c) Dog licenses
(d) Such other permits, licenses and entitle-
ments that the Director deems ministerial.
(2) Categorical Exemptions
The City Council of the City of Moorpark hereby
finds those classes of activities set forth in Article 19
of the State Guidelines to be categorically exempt with the
following exceptions:
(a) Location Classes 3, 4, 5, 6 and 11 of
the :Mate Guidelines are qualified by consideration of where
the project is to be. located - a project that is ordinarily
insignificant in its impact on tho environment may in a
particularly sensitive environment :>(, significant. There-
fore, these classes are considered to apply in all instances,
except where the project may impact. )n an environmental
resource of hazardous or critical concern where designated,
precisely mapped, and officially adopted pursuant to law by
federal, state or local agencies,.
(b) Cumulative l All exemptions for
these classes are inapplicable when the cumulative impact
of successive projects of the s<3mc type in the same place,
over time is significant - for example, annual additions to
an existing birildinq under. Class, I of the State Guidelines.
(c) Significant h;ffect 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) Specific Projects Subject to Categorical
Exemptions
Following is a list. of specific projects often
handled by the City which the City has determined to he
within the categorical exemptions, -t Article ly of. the State
Guidelines.
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(a) Projects done by encroachment permit,
pursuant to Class 4 or Class 5.
(b) Projects done by grading permit, pursuant
to Class 4.
(c) Such other projects as the City Council
may deem within the categorical exemptions.
(4) Notice of Exemption
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 after
approval of the project in the form and manner required by
Section 15062 of the State Guidelines.
SECTION 6. PROCEDURES FOR THE CONDUCT OF INITIAL STUDIES
A. Determination That Initial Study Should Be
Cnnrliir - tack —
If a project is subject. to the requirements of
CEnA and not exempted by these Procedures, the Director
shall conduct an Initial Study tO determine if the project:
may have a significant effect on thc, environment. If the
Director can determine that an EIP clearly will he re(,uir.e,d
for the project, an Initial Study is not required but may
still he made if determined to he desirable. If it is
determined that an Initial Study is required for a project,
all phases of project. planning, im,)lf.�mentation and operation
shall he considered. An initial study or similar analyses
prepared pursuant to NFPA may he inert tc) meet the requirements
of this Section.
1i. Results of Initia]_5tuc{Y
The Initial Study shall he used to provide a
written determination of whether a Neclat.ive Declaration or
an KIR shall he prepared for a pr()jc�c•t..
It the Director determi nr,�. that. there is substan-
tial evidence that any aspect of the project, either
individually or cumulatively, may (,.c;use a significant oftect .
on the environment, regardless of •.,�1 ether the overall effect.
of the project i.s adverse or beneficial, the Director Shall
cause an EIR to he prepared. A new F.IR need riot he prepared,
it thr Director deter.mi.nes that ; previo us-l.y prepareri 1?lk
wou 1 d adeq11atE1 l y anra lyzo the prr� ?(�,,t .;nkir,r i<1<�rtit i ran.
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 cause a Negative Declaration to be prepared.
C. 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.
D. Contents
An Initial Study shall cont =ain in brief form:
(1) A description oI- the project including
the location of the pro jec:t ;
(2) An ident i f icat ior: of the environmental
setting;
(3) An identification of environmental
effects by use of a checklist, matrix, or other
method.
(4) A discussion ot. ways to mitigate the
significant effects iclont i f ied, if any;
(5) An examination of whether the project
is compatible with existing zoning, Mans, and
other- applicable ]an(-'. r5 c�c>nt:ro ls; an
(6) The name ()t th(� p( rson or persons who
prepared or participated in the Initial Study.
E. Submission of Data
If the project is to bk.. carried out by a private
person or private organization, the Director may require
such person or organization to : >ubrTri.t data and information
which will enable the Director- t_cr prepare the Initial Study.
Any person may Submit any inf.ormar-. i can in any fora to assist
the Director in preparing an l n i t i -r ! '�tlydy.
F. Format
Forms for an applicant'., prc)ject description and a
review form for us(- by the Dir�,cto�r ;hall 5e provided by the
Department. When rrsed to(Jothor, ' forms woul,i meet the
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requirements for an Initial Study. If an EIR has been
previously prepared which adequately analyzes the project,
it may be used as the Initial Study.
G. Consultation
As soon as a Director has determined that a
project is not exempt and that an Initial Study will
be required to determine whether a Negative Declaration or
an EIR is required, the Director 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 should be prepared.
During or immediately after preparation of
an Initial Study for a private project, the Director may
consult with the applicant to determine if the applicant is
willing to modify the project. to reduce or avoid the sic,nifi-
cant effects identified in the Initial Study.
SECTION 7. PROCEDURES FOP THE PREPARATION OF NEGATIVE
DEC I.ARAT IONS - --
A. Determination to Prepare Negative Declaration
The Director shall cause a proposed Negative
Declaration to he 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
( "l) The Initial Study identified potentially
significant eftects but revisions in the project plans or
proposals made by or agreed to by the applicant before the
proposed Negatives Declaration is rc,le<3sed for public review
would avoid or mitigate the effects to a point where clearly
no significant effects would occur, and there is no sub-
stantial. evidence before the Direc:t,or that_ the project:
as revised may have 3 significant on the c�,.nvironment.
R. Contents
A Negative Declaration �-irculated for public
review shall include:
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(1) A brief description -f the project,
including a commonly used name for the project if
any;
(2) The location of the project and the name
of the project 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.
C. Public Notice
Notice that the decision- making body proposes to
adopt a Negative Declaration shall he L)rovided to the public
within a reasonable period of time prior to adoption by the
decision - making body of the Negative Declaration. Mailed
notice shall be given to all organizations and individuals
who have previously requested such not. ice and shall also be
given by at least one of the followincf procedures:
(.1 ) Publication :it least one time by the
lead agency in a newsp,3por of general circulation
in the area affected fey the proposed project; or
(2) Posting of no t. ice on and off_ site in the
area where the project. i�; to !)r. located; or
( 3 ) Direct mailing to owners of property
within 300 feet of the ,project as such owners are
shown on the latest equ(i l ized assessment roll.
The public notice shall t_3t.e that the Negative
Declaration is available for inspect.ion -it City Hall
and at any other location or. loc ct.ions> c ?etermined by the
Director to he .)(-,nef icial to pi:hl.ic review.
D. Public Review of a Nec,.3Live Declaration
The Director shall provioe •3 i>u!)l is review
period for a proposed Negative as specified in
Section 10(F).
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A copy of' the notice with the proposed Negative
Declaration shall he sent to every Responsible Agency
and Trustee Agency -oncerned 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 or a Trustee Agency or will exercise
jurisdiction by law over natural resources affected by the
project, the Director shall send copies of the Negative
Declaration to the State Clearinghouse for distribution to
the state agencies. 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.
E. Consideration
Prior to recommending approval or disapproval
of a project, the advisory body shall consider the proposed
Negative Declaration.
F. Approval
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 tho project will. have 3 significant effect on
the environment.
G. Notice of Determination
After the decision - making body has made a
decision to carry out or approve it project for which a Negative
Declaration has II)eon prepared, they Director shall file a Notice
of Determination. The Notice of Deetermi nation shall include:
( 1 ) An identif_ i.cat ion of the project including
its cnmmon name where possihle and its location;
(2) A brief description of the project;
( :3 ) The data on which the project was approved;
(4) A determinat. ion that the project will not
have a significant effect c)n the environment;
(5) A statement. that a Negative Declaration
has been prepared pursuant t,) the provisions of
CF, )A; and
(6) The address where a copy of the Negative
Declaration may be examined.
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
the Secretary for Resources.
H. Federal Projects
For projects where federal involvement might
require the preparation of a finding of no significant
effect, the provisions of Article 14 "Projects Also Subject
to the National Environmental Oua.lity Act ('NEPA')" of the
State Guidelines 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 Prel)are an EIR
When a Director decides that an FIR will be
required for a project, he or she sh'A11 follow the procedures
contained in this Section and th(? State Guidelines.
B. Notice of Preparation
(1) Immediately after determining that an EIR
will be required for a project, the Director shall send a
Notice of Preparation by cert_ifie(? mail or other method of
transmittal which provides it. with a notice that the Notice
has been received, to each Respon: -,.if)Ie Agency, Trustee
Agency responsible for resources Aft-ucted by the project and
to each federal agency involv._�d ir, ipproving or funding the
project and consult with thos,, ,i0trnc oF; as requ i red by
Section 15083 of the Stater C,uidt'l in('>;.
(2) The content of the Notice of Preparation
shall he as set-. forth in Sect. ion 1 70„2 (a) of the State
Guidelines.
(3 ) The agenc Les t_() which a Notice of Prepara-
tion is sent shall have 30 days to respond in the form and
manner set forth in Section 150H2(h) of the State Guidelines.
If an agency fails by the end of the 30 day period to respond,
or make a we .l1- justified request t t)t id(ti t. i onal time to respond,
it shall be presumed that the �onc•y irias: no response to make.
(4) The Director shall not circulate a draft
EIR for public review before the time period for responses
to the Notice of Preparation has expired.
C. Early Public Consultation
Prior to completing the draft EIR, the Director
may consult directly with any person or organization he or
she believes will be concerned with the environmental
effects of the project.
Where the Director, a Responsible Agency, a Trustee
Agency or the project applicant has requested a meeting
between representatives of the agencies involved to assist in
determining the scope and content of a proposed EIR, the
director shall convene such a meeting as soon as possible,
but not later than thirty (30) days after the meeting is
requested.
For projects where federal involvement might
require preparation of a federal EIS, the Director shall
consult with the appropriate federal agencies as provided in
Article 14 of the State Guidelines.
1). Preparation of Draft EIR
( I ) One of the following methods or a corn; >i na-
tion of them may he used for pr_eparinq a draft HIR:
(a) Prepar.inq thc� draft EIR directly
with City staff.
(b) Contracting with another entity,
public or private, to prepare the draft EIR.
(c) Usinq a previously prepared FIR.
(2) If a draft is prepared by a person other
than the City staff, the draft shall he reviewed and analyzed
by the Department before it is sent our for public review to
ensure its adequacy and objeetivit.y.
( 3 ) The Department, may require the project
applicant to suhply data and information to determine
whether the project may have a significant effect on the
environment and to assist the I)epi3rtmc•nt in preparinct the
draft EIR. The project applicant shall also he required to
identify any other public at_Iencif,�, wF ich will have jc.trisdic-
tion by law over the project..
(4) The Department sha1.1 consider information
or comments submitted by any person, whether requested
or not, to assist in the preparation of the draft EIR.
The information or comments may be ,3ubmitted in any form
and may be included in or in part in the draft EIR.
E. Notice of Completion
As soon as the draft EIR is completed, the Director
shall file a Notice of Completion with the Secretary for
Resources in the form specified in Section 15085 of the
State Guidelines.
F. Consultation Concerning Draft EIR
The Department shall consult with and request
comments on the draft EIR from Responsible Agencies, Trustee
Agencies with resources affected by tho project, and other
state, federal, and local agencies which exercise authority
over resources which may be affect -c' by the project.
The Department also may c nsu l.t: directly with
any person who has special expert. i ,t wi th respect: to any
environmental impact involved.
G. Public Review of Draft. EIR
The Director shall provide public notice of the
completion of a draft EIR at the s.ime time as he or she sends
a Notice of Completion to the Sect —tary for Resources.
Notice shall be mailed to owners )l property within 300 feet
of the proposed project, as shown on nc(, latest equalized
assessment roll, and to all oryani.z,itions and individuals who
have previously requested such nc t i co ant'. shall also be given
by publication at least once in i Inc-1-0- newspaper. Said
notice shall state that the draft I, [ : i,-; available for public
inspection at the Department cif f i ct� :'n(t M, the I:)uhl is library.
The review period shall be < -is spo..tf iod in Section 10(F).
The Director shall use t.:lw Clearinghouse
to distribute the documents to and local agencies.
A public hearing hearing sh,tl ! tie conducted on the
draft EIR by the Planning Comm i.ssic,n. The public notice of
the completion of the draft PIP s;l,;;I i include the date and
time of the hearing.
H. Evaluation anti Responses to Comments
The Department shall evaluate and respond to
comments received from persons who received the draft EIR
and make any significant changes resulting from the response
to comments by revising the text in the body of the EIR or
including marginal notes showing that the information is
revised in response to comments.
I. Preparation of Final EIR
It shall be the responsibility of the Director
to prepare (or cause to be prepared) a final EIR. The con-
tents of a final. EIR are specified in Section 15132, et seq.
of the State Guidelines.
An opportunity for review of the final EIR by the
public or by commenting agencies hefore the project is
approved may he provided.
J. Certification of Final EIR
The final. I-.IR shall he presented to the decision -
making body and that body shall certify that the final EIR
has been completed in compliance with CE'QA and the State
Guidelines and that the decision -maki ncj hody has reviewed
and considered the information -ortai ned in the E'IR prior to
the approval of t.ho pro j oct:.
K. Notice of Determination
After approving a project for which an EIR has
been prepared, the Director shall file a Notice of Determi-
nat ion. Such not_ i co shall include:
( 1 ) An identification of the project
i.ncludiny its common n,irif where possible and its
location;
(2 ) A brief ,iesc r i pt: ion of the project;
(3) The date when tho appropriate decision -
makin<, body approvoi thc- project;
(4) The determination of the appropriate
decision inakincl holy of whether the project in
its 1,11yroved form wi l i h,iw(, i significant effect
on the envi. ronrnent.
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(5) A statement that an Elk was prepared
and certified pursuant to the pr visions of
CEQA.
(6) Whether mitigation measures were
made a condition of the approval of the project.
(7) Whether findings were made pursuant
to Section 15091 of the State Guidelines;
(8) Whether a Statement of Overriding
Considerations was adopted for the project;
and
(9) The address where a copy of the EIR
and the record of project approval may be
examined.
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 shall also be filed with the Secretary for Resources.
SECTION 9. APPEALS
A. Any decision of the Director to require the
preparation of an EIR 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 ten (10) days after the decision is
made. A public hearing shall he conducted by the Planning
Commission not less than ten (1.0) days :after notice of the
hearing is mailed to owners of property within 300 feet of
the proposed project, as shown on the latest equalized
assessment roll, and to all organizations and individuals
who have previously requested such notice. The Bearing
should be held not more than thirty (30) days after the
appeal is filed. The decision of the Planning Commission
may be appealed to, and shall be heard by, the City Council
in accordance with the procedures swt forth in this subsection.
B. The decision of the Mannino Commission or
other decision- making body, except the City Council, with
respect to the approval of a Negative Declaration or certifi-
cation of an EIR may be appealed to thn City Council in the
same manner that the decision to approve or disapprove the
proposed project may be appealed. In the event that the
proposed project is not appealable L" tho City Council, the
decision with respect to the Ne:lat ive Wlaration or Elk
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shall be heard by the City Council in accordance with the
procedures set forth in subsection A.
SECTION 10. TIME LIMITS
A. General
Preparation and review of environmental documents
shall be done within a reasonable period of time. Prepara-
tion of an EIR should not cause undue delays in the proces-
sing of applications for permits or other entitlements
to use. The time limitations specified in this Section
incorporate Article 8 "Time Limits" of the State Guidelines
and any amends thereto.
B. Review of At)Dlication for Completeness
The Director shall determine whether an applica-
tion for a permit or other entitlement for use is complete
and notify the applicant in writincl within thirty (30) days
from the receipt of the application except as provided in
Section 10(L). If the application is incomplete, the notice
shall specify the reasons therefor. If no written determi-
nation of the comp.lcteness ot: t.ht ,application is made within
that period, the application aii 1 1 :,(, deemed complete on the
30t:h day.
C. Initial Stud
The Director shall determine within 45 days after
accepting an application as complete whether it intends to
prepare an FIR or a Negative Declaration or use a previously
prepared F;IR or Negative Declaration except as provided in
Section 10(L).
I). Response to Notice of Preparation
Responsible Agenciesl and 'Irustee Agencies shall
provide a response to a Notice of Preparation to the Director
within forty -five (45) days attet rf,ceipt of the Notice. If
an agency fails to reply within th(, tort.y -five ( 45 ) days
with either . a response or a wc�l 1 ust i t .ied request for
additional time, the Director rn�r }� issurn(. that. the agency
has no response to mako and may i� ;)1 a late response.
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E. Convening of Meetings
The Director shall convene a meeting with agency
representatives to discuss the scope and content of the
environmental information as soon as possible but no later
than thirty (30) days after receiving a request for the
meeting. The meeting may be requested by the Director, 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 fourteen (14) 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 ]on(; as the review period
established by the State Clearinghouse.
G. Review by State Auencies
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 ti;IR's and
thirty (30) days for Negative Declarations. The State
Clearinghouse may set shorter review period when requested
by the lead agency due to exceptional circumstances.
H. Approval of Negative Declaration
With a private project, the Negative Declaration
must be completed and ready for approval within one hundred
and five (105) days from the data when the Director accepted
the application as complete. The Negative Declaration may
be approved at a later time when tho Permit or other entitle-
ment- is approved.
I. Certification of ELH
With a private project, the decision - making body
shall certify the final EIR within ()nf., (1.) year after the
data when the Dir.cct()r accepted th(.• application a.� complete.
The one ( 1. ) year t.inie limit: iTiav ')t• i>x' ori.ied onc f() r i) pE�riod
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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 Director necessary for the preparation of
a Negative Declaration or an EMIR shall suspend the running
of the time periods described in Sections H and I for the
period of the unreasonable delay.
Alternatively, the decision- making body may
disapprove a project application where there is unreasonable
delay in meeting requests. The Director may allow a renewed
application to start at the same paint in the process where
the application was when it was disapproved.
K. Proiects with Federal Involvement
(1) At the request of an applicant, the
Director may waive the one (1) year time limit for completing_
and certifying a final EIR or the one hundred and five (IU5)
day period for completing a Negative, Declaration if:
(a) The project will he subject to CFQA
and to the National Fnvi r- Onmental Policy Act;
(b) Additional time wi.lL he required
to prepare a combined NIR -E:IS or combined negative
declaration - finding of no significant impact
as provided in Section 15222; and
(c) The time required to prepare the
combined document will he shorter than the time
required to prepare th(� documents separately.
(d) The time limi t.s f()r taking final
action on a permit for i development project may
also he waived where -; :,()inhi ned EMIR -EIS will be
prepared.
(e) The time Limits t()r processing
permits for development. projects under Government
Code sections 65950 - 65900 ssha ll. not apply if
federal statutes or requl(it.ions require time
schedules which excood t hk• :;t_ <ite time limits. In
this event., any State? a ;enc if involved shall make
a final decision on t-hk, pi o -(e c -t. within the federal
time limit,.
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L. Projects With.Short Time Periods For Approval
Where a statute or ordinance requires a public
agency 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 under the permit statute or
ordinance 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:
(1) 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;
(2) 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
(3) The project_ involves the issuance of
a lease, permit, license, certificate, or other
entitlement for use.
Examples of time periods subject to this section
includes but is not limited to an action within fifty (50)
days on a tentative subdivision map Cor which an FIR is
being or will be prepared pursuant to Article 2 (commencing
with Section 66452) of Chapter 3, Division 2, Title 2 of the
Government Code but a negative declaration for a subdivision
map must he completed within the t:itty (40) day period (see
Government Codes Section 66452.1 (c) 1 .
In any case subject to this Section, the environ-
mental document shall be completed or certified and the
decision on the application shall bey mdde within one (1 )
year from the date on which an appl icat ion requesting
approval of such project has been received ved anti aceopted as
complete for CEOA processing by such agency. This one (1 )
year time limit may he extended once ter a period not to
exceed ninety (90) days upon consent "t they public agency
and the applicant.
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M. Development Projects
If an EIR is required for a development
project, the project shall be approved or disapproved within
one (1) year from the date on which an application requesting
approval of a project has been received and accepted as
complete by the Director.
If a Negative Declaration is prepared or if
the project is exempt from CEQA, the development project
shall be approved or disapproved within six (6) months from the
date on which an application requesting approval of the
project has been received and accepted as being complete by
the Director.
If there has been an extension of time pursuant
to Section 21100.2 or 21151.5 of the Public Resources Code
to complete and certify an EIR, the project shall be approved
or disapproved within ninety (90) days after certification
of the EIR.
The time limits in r_his section may be extended
once for a period not to exceed ninet.y (90) days upon
consent of the Director and tho :ippl icant.
SECTION 11. FEES
If a project is to he 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 prepar. i nc; the EIR or negative
declaration. The Director may J1s(> collect a reasonable fee
from any person or entity, other than they City, who files an
appeal pursuant to these procedure:; to r(rcover the estimated
costs incurred relative to tht_ .3ppoal.
-I ti -
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPA R K )
I, DORIS D. BANKUS
, City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No 84 -122 was adopted by the City Council of the City of
Moorpark at a regular meeting thereof held on the 1st day of
August , 19 84 , and that the same was adopted by
the following vote, to wit:
AYES: Councilmember-s Straughan, Prieto, Beaulieu
and Mayor Yancy- Sutton;
NOES: None;
ABSENT: Councilmember Harper.
WITNESS my hand and the official seal of said City this ,
day of August