HomeMy WebLinkAboutOrdinance 2126 - Amending Chapter 18.64 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING PORTIONS OF REDDING MUNICIPAL CODE CHAPTER 18.64
ENTITLED ENVIRONMENTAL REVIEW.
The City Council of the City of Redding does ordain as follows:
Section 1. Chapter 18. 64, Environmental Review, is amended by
amending specific sections thereof to read as follows:
18.64.050 Projects Exempt from State CEQA Guidelines.
C. Notice of Exemption. When the Department of Planning and
Community Development determines that a project is categorically
or statutorily exempt from CEQA, and the City approves or decides
to carry out a project, the Department may file a Notice of
Exemption. Within three ( 3) months after determining that a
project is exempt from CEQA, the City shall act on the permit
application for that project. The Notice of Exemption may be
prepared in accordance with Section 15062 and Supplementary
Document Q of the CEQA Guidelines.
E. Statute of Limitations. Notices of Exemption shall be mailed to
requesting parties, provided that the request is made within the
thirty- ( 30) day posting period of the notice. Mailing of the
notices-.tarts a thirty-five- ( 35) day statute of limitations
period on legal challenges to the City' s decision that the
project is exempt from CEQA. If a Notice of Exemption is not
filed, a 180-day statute of limitations will apply.
18.64.070 Negative Declarations.
A. Upon selection of the appropriate environmental determination,
the Department of Planning and Community Development shall
prepare a draft Negative Declaration for a project when the
Initial Study demonstrates that there is no substantial evidence
that the project will have a significant effect on the
environment.
B. Where the Department of Planning and Community Development
determines that a project may have a significant effect on the
environment, the Department may propose modifications to the
project which would mitigate the potential effects to a level of
"less than significant. " If such mitigation measures are agreed
to by the project proponent and are incorporated into the project
or made a condition of the project, the Department of Planning
and Community Development may prepare a draft mitigated Negative
Declaration.
C. As required by Section 21091 of the Public Resources Code, the
Department of Planning and Community Development shall provide at
least a twenty- ( 20) calendar day public review period for a
draft Negative Declaration or mitigated Negative Declaration from
the date the notices are postmarked. When a Negative Declaration
or a mitigated Negative Declaration is submitted to the State
Clearinghouse for review by state agencies, the review period
shall not be less than thirty ( 30) calendar days from the date
the document is distributed by the Clearinghouse. The proposed
Negative Declaration or a mitigated Negative Declaration shall be
kept on file at the Department of Planning and Community
Development to provide an opportunity for public review.
D. The public notice of availability of a proposed Negative
Declaration or a mitigated Negative Declaration shall be mailed
to all property owners within 300 feet of the exterior property
boundaries of the subject property using the ownership names and
addresses from the latest available Shasta County Tax Assessor
Rolls. The notice shall contain the name of the applicant, the
location of the project, a brief description of the project, the
location where the proposed Negative Declaration or a mitigated
Negative Declaration can be reviewed, and the date ending the
public review period.
E. Prior to approving a project, the City shall consider the
proposed Negative Declaration or a mitigated Negative
Declaration, together with any comments received during the
public review period. The City shall approve the Negative
Declaration or a mitigated Negative Declaration if it finds, on
the basis of the Initial Study and comments received, that there
is not any substantial evidence that the project will have a
significant effect on the environment.
F. With a private project, the Negative Declaration or a mitigated
Negative Declaration must be completed and ready for approval
within 105 calendar days from the date when the City accepted the
application as complete. The City shall act on permit
applications for projects for which a Negative Declaration or
mitigated Negative Declaration has been prepared within three ( 3 )
months after the Negative Declaration is approved.
G. After the City decides to carry out or approve a project for
which a Negative Declaration or a mitigated Negative Declaration
has been approved, the Department of Planning and Community
Development shall file a Notice of Determination with the Shasta
County Clerk within five ( 5) working days. The contents of the
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Notice of Determination shall comply with Section 15075 of the
State CEQA Guidelines. Notices of Determination shall be mailed
to requesting parties if such request is made within the thirty-
( 30) day posting period of the notice. Mailing of the notices
starts a thirty- ( 30) calendar-day statute of limitations on
court challenges to the approval under CEQA. If a Notice of
Determination is not filed by the City with the County Clerk, a
180-day statute of limitations will apply.
18.64.080 Environmental Impact Report (EIR) Preparation.
D. Preparation of the Draft EIR. When an EIR is required for a
project, the Department of Planning and Community Development
shall be responsible for preparation of the draft document. The
Draft EIR may be prepared by an environmental consultant in a
format specified by the City. If environmental documentation is
prepared under contract to the City, the contract shall be
executed within forty-five ( 45) days of the determination that
the environmental documentation is required.
18.64.100 Review of Draft EIR.
B. Response to Comments on a Draft EIR. The Department of Planning
and Community Development shall evaluate comments on
environmental issues received during the noticed public review
period and shall prepare written responses. The responses shall
comply with the requirements described in Section 15088 of the
CEQA Guidelines. The response to comments must describe the
disposition of significant environmental issues raised. The
response to comments may take the form of revisions to the Draft
EIR, or may be a separate section of the Final EIR.
All comments received either in writing or as summarized in
minutes of public meetings shall be retained by the Department of
Planning and Community Development for a period of at least
three ( 3 ) years following certification of the Final EIR for the
subject project.
18.64.110 Final EIR.
B. Certification of the Final EIR. Prior to action on the project,
the Final EIR shall be presented to the Planning Commission or
City Council. At least ten days prior to certifying an EIR, the
City shall provide a copy of its written responses to comments to
any public agency that submitted comments during the review
period. The City shall certify 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 pursuant to the findings of Sections 15090 and 15091 of
the State CEQA Guidelines.
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D. Decision on a Project. After considering the Final EIR and in
conjunction with making findings under Section 15091 of CEQA, the
City may decide whether or how to approve or carry out the
project. Permit applications for projects for which an EIR has
been prepared shall be acted upon within six ( 6) months after the
EIR is certified. The City shall not decide to approve or carry
out a project for which an EIR was prepared unless either:
1. The project as approved will not have a significant effect
on the environment, or
2. The City has:
a. Eliminated or substantially lessened all significant
effects on the environment, where feasible, as shown in
findings under Section 15091 of CEQA.
b. Determined that any remaining significant effects on
the environment found to be unavoidable under Section
15091 of CEQA are acceptable due to overriding concerns
as described in Section 15093 of CEQA.
F. Time Limits. With a private project, the City shall complete and
certify the Final EIR within one ( 1) year after the date the
project application was accepted as complete. An unreasonable
delay by an applicant in meeting requests by the City necessary
for the preparation of an EIR shall suspend the running of the
time period for the period of the unreasonable delay.
Alternatively, the City may disapprove a project application
where there is unreasonable delay in meeting requests. The City
may allow a renewed application to start at the same point in the
process where the application was when it was disapproved.
G. Notice of Determination. The City shall file a Notice of
Determination (NOD) with the Shasta County Clerk following
project approval for which an EIR was prepared. The notice shall
be prepared in accordance with Section 15094 of the State CEQA
Guidelines. If a State agency is a Responsible or Trustee
Agency, the NOD shall also be filed with the State Clearinghouse.
H. Statute of Limitations. Notices of Determination shall be mailed
to requesting parties if such request is made within the thirty-
( 30) day posting period of the notice. Mailing of the notices
starts a thirty- ( 30) calendar-day statute of limitations on
court challenges to the approval under CEQA. If a Notice of
Determination is not filed with the County Clerk by the City, a
180-day statute of limitations will apply.
18.64.120 Mitigation Monitoring and Reporting.
C. Draft monitoring programs for projects for which an EIR is
prepared shall be included in the Draft EIR. The monitoring plan
shall be subject to the same public review and comment accorded
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all other portions of the EIR. The final monitoring plan shall
be adopted as a part of the CEQA findings for the subject
project.
A monitoring program for a mitigated Negative Declaration shall
be attached to the document as a supporting exhibit if the
monitoring program is deemed necessary.
Section 18.64.150 is renumbered 18.64.140, and its subsections are
amended as follows:
18.64.140 Fees and Bonds.
A. An applicant for a private project, which is determined not to be
exempt from the provisions of CEQA, shall pay an environmental
review fee at the time of application as set by City Council
resolution. It is the intent of the City Council that this fee
be interpreted to include costs of all aspects of the CEQA
process with the exception of the cost for Environmental Impact
Report (EIR) processing as set by City Council resolution.
B. If the Board of Administrative Review or the Planning Commission
determines that an EIR must be prepared for a private project,
the applicant proposing the project shall pay the EIR processing
fee as set by City Council resolution. The environmental review
fee shall be credited to the EIR processing fee. The EIR
processing fee shall cover the estimated costs incurred by the
City in reviewing and processing the EIR. The fees shall be
payable prior to review of the first draft EIR by staff of the
Department of Planning and Community Development.
C. Substitute the word "security" for "assurity."
Section 2. The City Council has reviewed and approved the
Negative Declaration, finding that the project has no substantial impact
on the environment and that an environmental impact report is not
necessary.
Section 3. This Ordinance shall take effect 30 days after the
date of its adoption.
Section 4. The City Clerk shall certify to the adoption of
this Ordinance and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance amending portions
of Redding Municipal Code Chapter 18.64, Environmental Review, was
introduced and read by the City Council at a regular meeting on the 2nd
5
day of May 1995 ; and was duly read and adopted at a regular meeting
on the 16th day of May , 1995, by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe
NOES: COUNCIL MEMBERS-. None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
DAVID A. OE, May r
City o Redding
ATTEST:
CONNIE STROHMAYER, t Clerk
FORM APPROVED:
W. LEONARD WINGATE-, City Attorney
In the Superior Court of the State of California
in and for the County of Shasta
CERTIFICATE OF PUBLICATION
ORDINANCE NO.2126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF REDDING AMENDING PORTIONS OF REDDING ! )'
MUNICIPAL CODE CHAPTER 18.64 ENTITLED
No------------------------------------- ENVIRONMENTAL REVIEW. <
The City Council of the City of Redding does ordain as follows: {
Section 1.Chapter 18.64,Environmental Review,is amended by
ordinance No• 2126 amending specific sections thereof to read as follows:
-----------------------------------—----------------------------------------------- 18.64.050 Projects Exempt from State LEGA Guidelines. i
C. Notice of Exemption.When the Department of Planning and i
Community Development determines that a Project is
City of Redding categorically or statutorily exempt from CEQA,and the
--------------------------------------------------------------------------------- City approves or decides to carry out a project,the
Department may file a Notice of Exemption.Within three
(3)months after determining that a Project is exempt
from CEQA,the City shall act on the permit application ;
-..--_--_------------------------------------------------------------------- for that Proiect.The Notice of Exemption may be S
_ prepared in accordance with Section 15062 and ;
Supplementary Document Q of the CEQA Guidelines.
STATE OF CALIFORNIA ) E. Statute of Limitations.Notices of Exemption shall be j
11 S5. mailed t0 requesting Parties,provided that the request
COUNTY OF SHASTA is made 7within the thirty-(30)day pasting Period of t
the notice.Mailing of the notices starts a thirty-five-
(35)day statute of limitations Period on legal -
challenges to the City's decision that the project is
I hereby certify that the Record Searchlight is a exempt from CEQA.If a Notice of Exemption is not filed,
a 180-day statute of limitations will apply.
18.64.070 Negative Declarations.
newspaper of general circulation within the provisions A. Upon selection of the appropriate environmental
determination,the Department of Planning and Community
of the Government Code of the State of California, Development shall re a draft Negative Declaration
- for o Project when thhee Innitial Study demonstrates that
there is no substantial evidence that the Project will
printed and published in the City of Redding, County have a significant effect on the environment.
B. Where the Department of Planning and Community
Development determines that a Project may have a
of Shasta, State of California; that I am the principal significant effect on the environment,the Department
may propose modifications to the Project which would _
mitigate the Potential effects to a level of"less than
clerk of the printer of said newspaper; that the notice significant.- If such mitigation measures are agreed to
by the Proiect proponent and are incorporated into the
of which the annexed clipping is true printed co
Project or made a condition of the protect,the
Pp 9 a P PY Department of Planning and Community Development may
Prepare a draft mitigated Negative Declaration.
waser ublished in said newspaper on the following As required by Section 21091 of the Public Resources -
P P P g Code, the Department of Planning and Community Develop-
mcnt
dates,to wit:
shall provide at least o twenty-(20)calendar day
public review Period for a draft Negative Declaration or
24 199-------5------------------------------------------------- mitigated Negative Declaration from the date the notices
May--- ------
- ----- - ------ are Postmarked.When o Negative Declaration or o
--- mitigated Negative Declorction is submitted to the State
Clearinghouse for review by state agencies,the review
period shall not be less than thirty(30)calendar days
from the date the document is distributed by the
Clearinghouse.The Proposed Negative Declaration Of a
mitigated Negative Declaration shall be kept on file at
the Deportment of Planning and Community Development to
I certify under penalty of perjury that the foregoing provide an opportunity for public review.
D. The Public notice of availability of a proposed Negative
Declaration or a mitigated Negative Declaration shall be
mailed to all Property owners within 300 feet of the
is true and correct, at Redding, California on the exterior Property boundaries of the subject Property
using the ownership names and addresses from the latest
available Shasta County Tax Assessor Rolls.The notice
shall contain the name of the applicant,the location of
24th da of May the Project,a brief description of the Project,the
------------------------------- y ------------------ _--------- location where the Proposed Negative Declaration or a
mitigated Negative Declaration can be reviewed,and the
date ending the public review period.
19.95
E. Prior to approving a Proiect,the City shall consider the
proposed Negative Declaration or a mitigated Negative
Declaration,together with any comments received during
the public review Period.The City shall approve the
Negative Declaration or a mitigcted Negative Declaration
if it finds,on the basis of the Initial Study and
9� J comments received,that there is not any substantial
Z / .L-/t--C./C� evidence that the project will have a significant effect
on the environment.
F. With a private project,the Negative Declaration or a
Signature mitigated Negative Declaration must be completed and
ready for approval Within 105 calendar days from the
dote When the City accepted the application as complete. 1
The City shall act on permit applications for projects ,
for which a Negative Declaration or mitigated Negative
Declaration has been prepared within three(3)months. •t�•
after the Negative Declaration is approved. i
G. After the City decides to carry out oraprove a project
p
RECORD SEARCHLIGHT for which a Negative Declaration ora mitigated Negative
Declaration hos been approved,the Department of
t �L o fiPlanning and Community Development shall file a Notice
1101 Twin View Blvd., Redding, C8I1(ar)6i"(%03 Determination with the Shasta County Clerk within
fve(5)working days.The contents of the Notice of
Determination shall comply with Section 15075 of the
State CEQA Guidelines.Notices of Determination shall be
1/ [ �.� $ mailed to requesting parties if such request is made
( within the thirty-(30)day posting period of the
notice.Mailing of the notices starts a thirty-(30)
calendor-day statute of limitations on court challenges
� t.,.y o..yr^r""e to the approval under CEQA.If a Notice of Determination
T]. ;
P' is not filed by the City with the County Clerk,a
180-day statute of limitations will COPY.
18.64.080 Environmental Impact Report(EIR) Preparation.
D. Preparation of the Draft El R.When on•EIR is required for