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HomeMy WebLinkAboutAGENDA REPORT 1992 0715 CC REG ITEM 08JTO: FROM: DATE: SUBJECT: Background MOORPARK ITEM&% J 799 Moorpark Avenue Moorpark, California Ct :52;9 -6864 U:: y Council Mce;,ng of / 5 199 z M E M O R A N D U M ACnON: The Honorable City Council By n ,)�- William Phelps, Director of Community Development 6-e July 9, 1992 (CC Meeting of 7- 15 -92) PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The State CEQA Guidelines require that each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents. Updating the City's CEQA Procedures was a Community Development Department objective for 1991 -1992. The City's current CEQA Procedures were adopted in 1984 as Resolution 84 -122. CEQA has been amended by the State Legislature several times since 1984, and the City's CEQA Procedures need to be updated to reflect those amendments. Discussion Attached is a draft resolution of approval for the City Council to approve the adoption of Procedures for Implementation of CEQA and the State CEQA Guidelines (Attachment 2). The revised CEQA Procedures are attached to the City Council Resolution. The City Attorney reviewed an earlier draft of the revised CEQA Procedures, and staff has incorporated her recommended text revisions into the attached revised CEQA Procedures. The Planning Commission adopted a resolution on July 6, 1992 (Attachment 1) , recommending that the City Council adopt the revised CEQA Procedures. The Planning Commission did request that Sections 7.C.1 and 8.H.1 of the draft Procedures be amended to require a minimum of two types of noticing for Negative Declarations and Environmental Impact Reports (EIR's), instead of one as is currently required by CEQA. Staff does not agree completely with the Planning Commission's recommendation, because providing two types of environmental document noticing for City projects is not always feasible. Staff has attempted to comply with the Planning Commission's request by revising Sections 7.C.1 dst- 06- 02- 92/C:IWP5I1STFRPT�7- 9CEQA.cc PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paner 1 r t The Honorable City Council July 9, 1992 Page 2 and 8.H.1 to require the notice that the decision - making body proposes to adopt either a Negative Declaration or an EIR for a private project 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; and b. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll or county assessor records. Sections 7.C.1 and 8.H.1 have also been revised to require that for City projects, notice shall 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 or county assessor records. There will be no additional staff cost to comply with these revised CEQA notice requirements, since the Community Development Department already requires newspaper notice and direct mailing of notices to residents within 1,000 feet (single - family residential variance requires 300 foot notice) for all private projects. Some flexibility is needed for City projects, however, since there may be no specific project site and the type of project may not justify direct mailing to all property owners in the City (such as a minor Code amendment). For City projects, the standard practice is to publish a one - eighth page newspaper notice and directly mail the notice to adjacent property owners only when there is a specific project site. Citywide mailing is rarely done; however, for the General Plan Update EIR, staff mailed notices to all property owners in the City. To facilitate comparison of the existing (Attachment 3) and revised City CEQA Procedures (Attachment 2), following is a list of the more substantive changes that were made: Section 3 - Revised Definitions subsection. Section 5B - Revised Review for Exemptions subsection. Section 5C - Revised the list of Ministerial Projects. dst- 06- 02- 92/C:IWP5I1STFRPT17- 9CEQA.Cc I , \ 1 3 The Honorable City Council July 9, 1992 Page 3 Section 7A - Revised Decision to Prepare a Negative Declaration subsection to include requirement that any Negative Declaration shall be prepared directly by, or under contract to, the City (AB- 1642). Section 7B - Revised contents of Negative Declaration subsection to require a mitigation reporting or monitoring program for any mitigation measures (AB- 3180). Section 7C - Revised Public Notice subsection for Negative Declarations as follows: requires notice to the public to be provided not less than 21 days prior to adoption of Negative Declaration; requires the notice to specify the comment period, date, time, and place of hearings, a brief description of the proposed project and its location, and other specified information; requires notice to be mailed to persons who have requested notice; provides procedures for requesting notice; requires notices to be posted in the office of the county clerk; and requires the Community Development Department to notify any public agency which comments on a Negative Declaration of the public hearing or hearings (AB -886 and AB- 1642) . Section 7D - Revised Public Review subsection to require Director to make determination that Declaration reflects the independent judgment of the City prior to public circulation (AB -1642) and to require minimum 21 -day review period (AB- 886). Section 7E - Revised Consideration and Approval of Negative Declarations subsection to require the decision - making body to independently review and analyze the Negative Declaration to find that it reflects the independent judgment of the City prior to adoption (AB- 1642). Section 7F - Revised Notice of Determination subsection to • reference Fish and Game Code fee requirement (AB -3158) and to identify requirement for mailing Notice of Determination to any person who has filed a written request for such notice (AB -886). Section 8B - Revised Notice of Preparation subsection to identify requirement for mailing Notice of Preparation to any person who has filed a written request for such notice (AB- 886) . dst- 06- 02- 92 1c:�WP5I1STFRPT17- 9CEQA.cc The Honorable City Council July 9, 1992 Page 4 Section 8D - Revised Preparing the Draft EIR subsection to add requirement that a draft EIR prepared by another entity other than the City shall reflect the City's independent judgment (AB- 1642). Section 8E - Added Contents of EIR subsection and the requirement that a draft mitigation reporting or monitoring program be included in EIR (AB- 3180). Section 8H - Revised Public Notice subsection for EIR's as follows: requires the notice to specify the comment period, date, time, and place of hearings, a brief description of the proposed project and its location, and other specified information; requires notice to be mailed to persons who have requested notice; provides procedures for requesting notice; and requires notices to be posted in the office of the county clerk (AB -886). Section 8J - Revised Evaluation of and Response to Comments to require that at least 10 days prior to certification of a final EIR, the City shall provide a written response to any public agency from which the City has received comments on the project (AB- 1642). Section 8L - Revised Certification of Final EIR subsection to add requirement that 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 (AB- 1642). Sections 8M, N, and - Added Findings, Statement of Overriding Considerations, and Mitigation Reporting or Monitoring Program subsections. Section 8P - Revised Approval subsection to include a requirement that a reporting or monitoring program be adopted (AB- 3180). Section 8Q - Revised Notice of Determination subsection to reference Fish and Game Code fee requirement (AB -3158) and to identify requirement for mailing Notice of Determination to any person who has filed a written request for such notice (AB- 886).. Section 9 - Corrected Initial Study, Notice of Preparation, and Public Review time limits. Deleted reference that a Negative Declaration for a subdivision map must be completed within a 50 -day period. dst- 06- 02- 92/C:IWP511STFRPT17- 9CEQA.cc The Honorable City Council July 9, 1992 Page 5 Section 10 - Revised Fees section to include reference to Fish and Game Code fee (AB- 3158). Section 11 - Moved Appeals section to end of procedures. Staff did not make any procedural changes pertaining to the public hearing and certification requirements for an EIR. Staff is recommending that the Council review Sections 8.I.6 and 8.L of the revised Procedures to ensure that the EIR public hearing and certification procedures are still acceptable. Section 8.I.6 includes language that a public hearing shall be conducted on the draft EIR by the Planning Commission either in separate proceedings or in conjunction with other proceedings of the Planning Commission. This language allows staff and the Planning Commission the flexibility to either hold a separate public hearing for just the EIR or hold a public hearing for both the EIR and the project at the same time. Section 8.L allows the Planning Commission to certify a final EIR if the Commission is the decision - making body for a project. Recommendation Approve the attached City Council resolution (Attachment 2) which will rescind Resolution No. 84 -122 and adopt updated "Procedures of the City of Moorpark to Implement the California Environmental Quality Act." Attachments: 1. Planning Commission Resolution 2. Draft City Council Resolution and Procedures of the City of Moorpark to Implement CEQA 3. Resolution No. 84 -122 (Current City CEQA Procedures) WP /DST dst- 06- 02- 92/C:IWP5I1STFRPT�7- 9CEQA.cc ATTACHMENT 1 RESOLUTION NO. PC -92 -265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING ADOPTION OF REVISED PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE STATE CEQA GUIDELINES WHEREAS, the State CEQA Guidelines, Title 14, California Administrative Code, Section 15022, require each public agency to 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 City of Moorpark's Procedures for Implementation of CEQA and the State CEQA Guidelines, requires updating to address revisions to CEQA since 1984; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 84 -122 should be rescinded. SECTION 2. Sections 7.C.1 and 8.H.1 of the "Procedures of the City of Moorpark to Implement the California Environmental Quality Act" should require at least two types of public notice. SECTION 3. The updated "Procedures of the City of Moorpark to Implement the California Environmental Quality Act ", as amended by this resolution and attached hereto, should be adopted as the procedures to be followed by the City of Moorpark in the administration of its responsibilities under CEQA. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners May, Miller, Torres, Brodsky, and Chairman Wesner NOES: ABSENT: PASSED, APPROVED, AND ADOPTED this 6th day of July, 1992. Michael H. Wesner, Jr., Chairman , , 1 I Resolution No. PC -92 -265 Page 2 ATTEST: Celia La Fleur Administrative Secretary Attachment: Procedures of the City of Moorpark to Implement the California Environmental Quality Act 7 t i ATTACHMENT 2 RESOLUTION NO. 92- 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 that 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 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 DAY OF , 1992. Paul W. Lawrason Jr., Mayor 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 sec-., and the State CEQA Guidelines ( "State Guidelines ") , Title 14 of the California Administrative Code, Section 15000 et sea., as amended, and shall be referred to as "The City 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. E /0 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. 3 I . 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. 4 ' , - , 1 /2 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. 5 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 cause 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. 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 modify 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. 7 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: 0 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 Declaration 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, the 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. G7 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 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 or 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 10 • 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 implementation. 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. 11 G. Federal Projects l9 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. 12 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 an 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. 13 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. 14 2 P, 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. 15 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 ( 3 0 ) 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. 16 2 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 extensions, 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. K. 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. 17 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. 18 24:;� O. 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 be 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 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 Clerk of the discretionary Determination Determination after the app? Determination shall be filed with the County County of Ventura. If the project requires approval from a state agency, the Notice of shall also be filed with OPR. The Notice of shall be filed within five (5) working days -oval or determination becomes final. 19 21,7 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 require 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. 20 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 or 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. 21 M 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 must 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. 22 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 Declaration - 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 Approval 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 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: 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 23 4 . -31 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 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. 24 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. 25 .. ATTACHMENT 3 RESOLUTION NO. 84- 122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 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 consistant with the California Environmental Quality Act ( "CEQA ") and the State CEQA Guide- lines for administering 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 August, 1984. ATTEST: ,�/Mayorlj 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 seg., and the State CEQA Guidelines ( "State Guidelines"), 14 California Administra- tive Code Section 15000 et seg., as amended, and may be referred to as "The City of Moorpark CEQA Procedures." SECTION 2. RELATIONSHIP TO STATE GUIDELINES The State Guidelines are hereby incorporated by reference. These implementing procedures are not meant to replace the State Guidelines but to implement and tailor the general provisions of the State Guidelines to the specific operations of the City. If any section of these procedures are in conflict with or contrary to any provision of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control. SECTION 3. DEFINITIONS 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 functions on all 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 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. SEC'T'ION 4. DELEGATION OF RESPONSIBILITY A. Responsibilities of the Department The Department shall be responsible for the preparation and processing of environmental documents for all public and private projects. B. Responsibilities of the Director The Director shall be responsible for the following CEQA 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 EIR; (4) Determination that a Negative Declaration or EIR has been completed within applicable time limits; (5) Preparation of responses to public comments; (6) Filing of applicable Notices. SECTION 5. PRELIMINARY REVIEW A. Review for Comolet.•-_�ness 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 shall specify the reasons therefor. B. Review for Exemptions 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 requirements of CEQA do not apply. Such activities include the statutory exemptions set forth in Article 18 of the State Guidelines, -2- projects over which the City has only ministerial authority and activities which are found to be 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 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. There - fore, 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. (b) 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. (c) 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) Specific Projects Subject to Categorical Exemptions Following is a list of specific projects often handled by the City which the City has determined to be within the categorical exemptions of Article 19 of the State Guidelines. -3- 37 (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 Conducted If a project is subject to the requirements of CEOA and not exempted by these Procedures, the Director 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 clearly will be required for the project, an Initial Study is not required but may still be made if determined to 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 similar analyses prepared pursuant to NEPA may tie 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. If the Director determines that there is substan- tial 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 cause an E,IR to 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. -4- 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 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 is compatible with existing zoning, plans, and other applicable land use controls; and (6) The name of the person or persons who prepared or participated in the Initial Study. E. Submission of Data 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 Director to prepare the Initial Study. Any person may submit any information in any form to assist the Director in preparing an Initial Study. F. Format Forms for an applicant's project description and a review form for use by the Director shall be provided by the Department. When used together, these forms would meet the -5- . ::�q_wr 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 signifi- cant effects identified in the Initial Study. SECTION 7. PROCEDURES FOR THE PREPARATION OF NEGATIVE DECLARATIONS A. Determination to Prepare Neqative Declaration The Director shall cause a proposed 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 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 or mitigate the effects to a point where clearly no significant effects would occur, and there is no sub- stantial evidence before the Director that the project as revised may have a significant effect on the environment. B. Contents 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. C. Public Notice Notice that the decision - making body proposes to adopt a Negative Declaration shall be provided 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 notice and shall also be given by at least one of the following procedures: (1) Publication at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project; or (2) Posting of notice on and off site in the area where the project is to be located; or (3) Direct mailing to owners of property within 300 feet of the project as such owners are shown on the latest equalized assessment roll. The public notice shall state that the Negative Declaration is available for inspection at City Hall and at any other location or locations determined by the Director to be beneficial to adequate public review. D. Public Review of a Neqative Declaration The Director shall provide a public review period for a proposed Negative Declaration as specified in Section 10(E). -7- A Declaration and Trustee other publi affected by 4) copy of the notice with the proposed Negative shall he sent to every Responsible Agency Agency concerned with the project and every agency with jurisdiction by law over resources 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 the project will have a significant effect on the environment. G. Notice of Determination 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 Director shall file a Notice of Determination. The Notice of Determination shall include: (1) An identification of the project including its common name where possible and its location; (2) A brief description of the project; (3) The date on which the project was approved; (4) A determination that the project will not have a significant effect on the environment; (5) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEpA; and r� (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 Quality 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 Prepare an EIR When a Director decides that an EIR will be required for a project, he or she shall follow the procedures contained in this Section and the 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 certified mail or other method of transmittal which provides it with a notice that the Notice has been received, to each Responsible Agency, Trustee Agency responsible for resources affected by the project and to each federal agency involved in approving or funding the project and consult with those agencies as required by Section 15083 of the State Guidelines. (2) The contents of the Notice of Preparation shall be as set forth in Section 15082(x) of the State Guidelines. (3) The agencies to which a Notice of Prepara- tion is sent shall have 30 days to respond in the form and manner set forth in Section 15082(b) of the State Guidelines. If an agency fails by the end of the 30 day period to respond, or make a well - justified request for additional time to respond, it shall be presumed that the agency has no response to make. -9- (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. I-- D. Preparation of Draft EIR (1) One of the following methods or a combina- tion of them may be used for preparing a draft EIR: (a)- Preparing the draft EIR directly with City staff. (b) Contraeting with another entity, public or private, to prepare the draft EIR. (c) using a previously prepared EIR. (2) If a draft is prepared by a person other than the City staff, the draft shall be reviewed and analyzed by the Department before it is sent out for public review to ensure its adequacy and objectivity. (3 ) The Department may require the project applicant to supply data and information to determine whether the project may have a significant effect on the environment and to assist the Department in preparing the draft EIR. The project applicant shall also be required to identify any other public agencies which will have jurisdic- tion by law over the project. -10- -Ii t (4) The Department shall 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 submitted 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 Concerninq Draft EIR The Department shall consult with and request comments on the draft EIR from Responsible Agencies, Trustee Agencies with resources affected by the project, and other state, federal, and local agencies which exercise authority over resources which may be affected by the project. The Department also may consult directly with any person who has special expertise with 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 same time as he or she sends a Notice of Completion to the Secretary for Resources. Notice shall be 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 and shall also be given by publication at least once in a local newspaper. Said notice shall state that the draft EIR is available for public inspection at the Department office and at the public library. The review period shall be as specified in Section 10(F). The Director shall use the,State Clearinghouse to distribute the documents to regional and local agencies. A public hearing hearing shall be conducted on the draft EIR by the Planning Commission. The public notice of the completion of the draft EIR shall include the date and time of the hearing. -11- H. Evaluation and 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 before the project is approved may be provided. J. Certification of Final EIR The final EIR shall be presented to the decision - making body and that body shall certify that the final EIR has been completed in compliance with CEQA and the State Guidelines and that the decision - making body has reviewed and considered the information contained in the EIR prior to the approval of the project. K. Notice of Determination After approving a project for which an EIR has been prepared, the Director shall file a Notice of Determi- nation. Stich notice shall incrude: (1) An identification of the project including its common name where possible and its location; (2) A brief description of the project; (3) The date when the appropriate decision - making body approved the project; (4) The determination of the appropriate decision making body of whether the project in its approved form will have a significant effect on the environment. -12- )/ (�01 (5) A statement that an EIR was prepared and certified pursuant to the previsions 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 be conducted by the Planning Commission not less than ten (10) 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 hearing 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 set forth in this subsection. B. The decision of the Planning 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 the 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 to the City Council, the decision with respect to the Negative Declaration or EIR -13- 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 Application 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 writing 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 completeness of the application is made within that period, the application will be deemed complete on the 30th day. C. Initial Stud The Director shall determine within 45 days after accepting an application as complete whether it intends to prepare an EIR or a Negative Declaration or use a previously prepared EIR or Negative Declaration except as provided in Section 10(L). D. Response to Notice of Preparation Responsible Agencies and Trustee Agencies shall provide a response to a Notice of Preparation to the Director within forty -five (45) days after receipt of the Notice. If an agency fails to reply within the forty -five (45) days with either a response or a well justified request for additional time, the Director may assume that the agency has no response to make and may ignore a late response. -14- V . , _01/ i 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 r (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 long as the review period established by the State Clearinghouse. 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 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 date when the Director accepted the application as complete. The Negative Declaration may be approved at a later time when the permit or other entitle- ment is approved. I. Certification of EIR With a private project, the decision- making body shall certify the final EIR within one (1) year after the date when the Director accepted the application as complete. The one (1) year time limit may be extended once for a period -15- H� 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 EIR 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 point in the process where the application was when it was disapproved. K. Projects 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 (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 declaration - finding of no significant impact as provided in Section 15222; and (c) The time required to prepare the combined document will be shorter than the time required to prepare the documents separately. (d) 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. (e) 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, any state agencies involved shall make a final decision on the project within the federal time limits. -16- . , 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 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 for which an EIR 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 be completed within the fifty (50) day period (see Government Code Section 66452.1(c)), In any case subject to this Section, the environ- mental document shall be completed or certified and the decision on the application shall be made within one (1) year from the date on which an application requesting approval of such project has been received and accepted as complete for CEQA processing by such agency. This one (1) year time limit may be extended once for a period not to exceed ninety (90) days upon consent of the public agency and the applicant. -17- J . C { I 51 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 this section may be extended once for a period not to exceed ninety (90) days upon consent of the Director and the applicant. SECTION 11. 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. -18- 5z STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOOR PA 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: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy- Sutton; NOES: None; ABSENT: Councilmember Harper. WITNESS my hand and the official seal of said City this 1 } day of August f 19 84