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HomeMy WebLinkAboutRES CC 1992 872 1992 0715RESOLUTION 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 th,#t each public agency shall adopt objectives, criteria, and specific 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 Comaission 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 Resolution No. 84 -122 is hereby rescinded.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. Paul W. LcWrason Jr., ayor ATTEST: City Clerk Attachment: Procedures of the City of Moorpark to Implement the California Environmental Quality Act PROCEDURES OF THE CITY OF MOORPARK TO IMPLEMENT 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 seq., 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.gity 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. 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's. 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. K 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 ministeriaJJ 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 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 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 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 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 6ause 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 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 should 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 modifli' 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 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 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 1. 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 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 (30) 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. M. 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 Stcite 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 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 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. 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 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 B. 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 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 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 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. 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. 2. 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. 3. Approval of a shortened review period by OPR must be given prior to, and reflected in, the public notice. 14 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 (4 5 ) 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 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 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 O. Statement of Overridina 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 hk'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 unavoidable 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 11 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. 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 Developmene.' 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 squire 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 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 Study 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 the scope 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 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 "st 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 ( 9 0 ) 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 K. Projects 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 Declaratibn- 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. Proiects with Short Time Periods for ADaroval 1. Where a statute or ordinance requires the Ci.ty 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 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 Ektended 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 pay an environmental filing fee for 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 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 MOORPARK 799 Moorpark Avenue MnOrpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) 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 Montgomerv, 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 �illian E. Ke erman City Clerk PAUL W LAWRASON JR JOHN L_ WOINIAK SCOT i MON1G ,'.11 c6 RL L+NARDO 1.1 111 n1 I HOY I_ TAI LE e JR Mayor Mayor Pro Teem Councdm�mr— 'i.unedrn.rrnt;or 1_ )uncwr..:mtr'r