HomeMy WebLinkAboutOrd 2044 - Amending Title 18, zoning, of the RMC by repealing Ch 18.64, environmental impact reports, and adding a new Ch. 18.64, Environmental Review ORDINANCE NO. o201P�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING TITLE 18, ZONING, OF THE REDDING MUNICIPAL CODE BY
REPEALING CHAPTER 18.64, ENVIRONMENTAL IMPACT REPORTS, AND
ADDING A NEW CHAPTER 18.64, ENVIRONMENTAL REVIEW.
The City Council of the City of Redding does hereby ordain as
follows:
Section 1. Title 18, Zoning, of the Redding Municipal Code is
hereby amended by repealing Chapter 18. 64, and adding a new Chapter
18. 64, Environmental Review, as set forth in Exhibit "A" attached
hereto and incorporated herein by reference.
Section 2. City Council has ratified the Negative Declaration
prepared in connection herewith, finding that no significant effect
on the environment is created hereby.
Section 3. 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 was introduced
and read at a regular meeting of the City Council on the 6th day
of April 1993, and was duly read and adopted on the 20th day of
April 1993 , at a regular meeting of the City Council by the
following vote:
AYES: COUNCIL MEMBERS• Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
ayorXARNESS
City of Redding
ATTEST- 70APPROVED:
CONNIE STRO YER, City Clerk ALL A. 61S, City Attorney 9J
HIBIT
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Sections:
18.64.010 Purpose and Intent
18.64.020 Incorporation of State CEQA Guidelines
18.64.030 Definitions
18.64.040 Application Completeness/Time Limits
18.64.050 Projects Exempt from State CEQA Guidelines
18.64.060 Environmental Determination
18.64.070 Negative Declarations
18.64.080 Environmental Impact Report (EIR) Preparation
18.64.090 Contents of EIR
18.64.100 Review of Draft EIR
18.64.110 Final EIR
18.64.120 Mitigation Monitoring and Reporting
18.64.130 Appeals of Environmental Determinations
18.64.150 Fees and Bonds
18.64.010 Purpose and Intent. the CEQA Guidelines, the Public Resources
Code shall govern.
The purpose of this chapter is to provide the City
of Redding, project applicants and the public 18.64.030 Definitions.
with the procedures to be used in administering
the City's responsibilities under the California A. Specifically incorporated herein are the
Environmental Quality Act (CEQA), codified as definition sections of the Public Resources
Public Resources Code Section 21000, et seq. as Code (Sections 21060 through 21069) and of
amended. The procedures are intended to protect the State CEQA Guidelines contained in
both local and regional natural resources in a Sections 15350 through 15387.
manner that is consistent with the goals and
policies of the Redding General Plan. B. The list of defined terms in Chapter 18.04 of
the City's zoning code under Title 18 of the
18.64.020 Incorporation of State CEQA City of Redding Municipal Code is expanded
Guidelines. by reference to include the definitions
contained in the Public Resources Code and
The full text of the State CEQA Guidelines. as the State CEQA Guidelines.
amended, is hereby incorporated by reference
into this Ordinance as if fully set out herein, and 18.64.040 Application Completeness/Time
shall supersede any inconsistent provisions of Limits.
these City environmental review procedures.
These environmental review procedures A. The Department of Planning and Community
supplement the State CEQA Guidelines adopted Development shall determine whether an
as 14 California Code of' Regulations, Title 14, application for a permit or other entitlement
Section 15000, et seq. In the event there is a for use is complete within thirty (30)
conflict between the Public Resources Code and calendar days from the receipt of the
application. If no written determination of
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the completeness of the application is made Director of Planning and Community
within that period, the application shall be Development, the Planning Commission, or
deemed complete on the 31st day. the City Council.
B. When reviewing the application for 1. Existing Facilities (Section 15301 of
completeness, the Department of Planning CEQA).
and Community Development shall identify
environmental issues that might require a. Administrative use permits as outlined
preparation of a Negative Declaration or an under Chapter 18.51 of the Redding
EIR or may require additional information or Municipal Code.
explanation by the applicant. An application
for a project shall not be accepted as b. Home occupation permits as outlined
complete by the Department of Planning and under Chapter 18.49 of the Redding
Community Development until all of the Municipal Code.
additional information necessary for
environmental review has been submitted. c. Zoning exceptions.
C. Accepting an application as complete does d. Animal permits.
not limit the authority of the City to require
the applicant to submit additional information 2. New construction or conversion of small
needed for environmental evaluation of the structures (Sections 15302 and 15303 of
project. CEQA).
18.64.050 Projects Exempt from State a. Administrative use permits as outlined
CEQA Guidelines. under Chapter 18.51 of the Redding
Municipal Code.
A. Ministerial Projects. Projects which are
determined to be ministerial, as defined in b. Administrative sign permits.
Section 15268 of the State CEQA Guidelines,
are exempt from CEQA. The activities 3. Minor Alterations to Land (Section 15304
which are determined to be ministerial of CEQA):
projects by the City of Redding are adopted
by Resolution of the City Council. a. Grading and clearing permits as
exempted under Section 16.40.080 of
B. Statutory and Categorical Exemptions. the Redding Municipal Code.
Statutory Exemptions deal with projects for
which exemptions from CEQA have been b. Administrative parcel maps.
granted by the State Legislature as described
in Article 18 of the State CEQA Guidelines. 4. Minor Alterations in Land Use
Categorical Exemptions deal with projects Limitations (Section 15303 of CEQA):
which have been determined to have no
potential for significant effect on the a. Variances which do not result in any
environment as described in Article 19 of the potential environmental impacts.
State CEQA Guidelines. In addition to those
activities listed in Article 19, the following is b. Abandonments which do not result in
a list of specific activities which fall within any potential environmental impacts.
the categorical exemption classes and are
considered exempt by the City of Redding. C. Notice of Exemption. When the
This list should not be construed as inclusive Department of Planning and Community
and is subject to interpretation by the Development determines that a project is
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categorically or statutorily exempt from a significant effect on the environment.
CEQA, and the City approves or decides Thresholds of significance shall be determined as
to carry out a project, the Department based on CEQA, the Redding General Plan, and
may file a Notice of Exemption. The other regulatory documents or permit
Notice of Exemption may be prepared in requirements. The extended Initial Study may
accordance with Section 15062 and also discuss methods to mitigate any potentially
Supplementary Document Q of the CEQA significant effects of the proposed project and
Guidelines. provide a discussion regarding consistency with
existing zoning, General Plan and other
D. Filing of Notice of Exemption. The applicable land use regulations.
Department of Planning and Community
Development may file the Notice of Upon completion of an Initial Study or expanded
Exemption with the County Clerk of Shasta Initial Study, the project may be scheduled for a
County. Copies of the notice may also be meeting of the Board of Administrative Review
available for public inspection at the or Planning Commission to make an
Department of Planning and Community environmental determination as to whether a
Development. draft Negative Declaration or Environmental
Impact Report is to be prepared. As an option,
E. Statute of Limitations. The filing of a Notice the environmental determination may be made by
of Exemption and the posting on the list of the Planning Director.
notices starts a 35-day statute of limitations
period on legal challenges to the City's 18.64.070 Negative Declarations.
decision that the project is exempt from
CEQA. If a Notice of Exemption is not A. Upon selection of' the appropriate
filed, a 180-day statute of limitations will environmental determination, the Planning
apply. Director shall prepare a draft Negative
Declaration for a project when the Initial
18.64.060 Environmental Determination. Study demonstrates that there is no
substantial evidence that the project will have
Initial Study. If it is determined that a project is a significant effect on the environment.
not exempt and is subject to CEQA, the
Department of Planning and Community B. Where the Department of Planning and
Development shall conduct an Initial Study to Community Development determines that a
determine whether a Negative Declaration or project may have a significant effect on the
Environmental Impact Report (EIR) is to be environment, the Department may propose
prepared. If the Department detennines that an modifications to the project which would
EIR will clearly be required for a project, an mitigate the potential effects to a level of
expanded Initial Study may be conducted to "less than significant." If such mitigation
better focus the EIR on important environmental measures arc agreed to by the project
issues. proponent and are incorporated into the
project, the Department of Planning and
The Initial Study report shall be a written Community Development may prepare a draft
environmental determination in the form of an Negative Declaration.
Initial Study checklist on file with the
Department of Planning and Community C. As required by Section 21091 of the Public
Development and in compliance with Section Resources Code, the Department of Planning
15063 of the CEQA Guidelines. If necessary, an and Community Development shall provide
extended Initial Study may be prepared to at least a twenty-one (2 1) calendar day public
document the factual basis for the finding in a review period for a draft Negative
Negative Declaration that a project will not have Declaration from the date the notices are
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postmarked. When a Negative Declaration is Determination shall comply with Section
submitted to the State Clearinghouse for 15075 of the State CEQA Guidelines.
review by state agencies, the review period
shall not be less than thirty (30) calendar 18.64.080 Environmental Impact Report
days from the date the document is (EIR) Preparation.
distributed by the Clearinghouse. The
proposed Negative Declaration shall be kept A. Upon completion of the Initial Study and a
on file at the Department of Planning and determination by the Board of Administrative
Community Development to provide an Review, the Planning Commission, or the
opportunity for public review. Planning Director that an EIR is required, the
Department shall initiate the EIR process as
D. The public notice of availability of a described in this chapter. The EIR process
proposed Negative Declaration shall be should be consolidated,to the extent possible,
mailed to all property owners within 300 feet with the existing planning, review and
of the exterior property boundaries of the approval process.
subject property using the ownership names
and addresses from the latest available Shasta B. Notice of Preparation. Upon a determination
County Tax Assessor Rolls. The notice shall by the City that an EIR is required, the
contain the name of the applicant, the Department of Planning and Community
location of the project, a brief description of Development shall prepare a Notice of
the project, the location where the proposed Preparation (NOP) pursuant to Section 15082
Negative Declaration can be reviewed, and of the State CEQA Guidelines. The
the date ending the public review period. Department may require the project
proponent to provide information necessary
E. Prior to approving a project, the City shall for preparation of the Notice of Preparation.
consider the proposed Negative Declaration
together with any comments received during The Department of Planning and Community
the public review period. The City shall Development shall send the NOP to each
approve the Negative Declaration if it finds, Responsible or Trustee agency. In addition,
on the basis of the Initial Study and the Planning Director may identify other
comments received, that there is not any relevant groups or agencies and distribute the
substantial evidence that the project will have NOP to those groups. The Department shall
a significant effect on the environment. use either certified mail or other method of
transmittal which provides a record that the
F. With a private project, the Negative NOP was received. A period of thirty (30)
Declaration must be completed and ready for calendar days from receipt of the NOP shall
approval within 105 calendar days from the be provided for comment. When one or
date when the City accepted the application more State agencies will be a Responsible
as complete. The Negative Declaration may Agency or a Trustee Agency, the Department
be approved at a later time when the permit shall send an NOP to each State responsible
or other entitlement is approved. agency and trustee agency with a copy sent
to the State Clearinghouse.
G. After the City decides to carry out or approve
a project for which a Negative Declaration C. Issues in an EIR. During or subsequent to
has been approved, the Department of the NOP review period, a meeting may be
Planning and Community Development shall convened by the Department of Planning and
file a Notice of Determination with the Community Development. The meeting shall
Shasta County Clerk within five (5) working involve representatives from pertinent
days. The contents of the Notice of agencies, in order to clarify and focus the
issues to be addressed in the Draft EIR.
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D. Preparation of the Draft EIR.- When an EIR Completion shall be filed with the State
is required for a project, the Department of Clearinghouse pursuant to Section 15085 of
Planning and Community Development shall the CEQA Guidelines.
be responsible for preparation of the draft
document. The Draft EIR may be prepared 18.64.100 Review of Draft EIR.
by an environmental consultant in a format
specified by the City. A. Public review. The Department of Planning
and Community Development shall provide
E. Acceptance of the Draft EIR for Circulation. at least a thirty (30) calendar day public
Upon completion of the Draft EIR, the review period for a Draft EIR. If a state
consultant for the EIR shall submit a agency is a Responsible or Trustee Agency,
specified number of copies of an the public review period shall be no less than
administrative draft for review by the forty-five (45) calendar days unless a shorter
Department of Planning and Community period is approved by the State
Development. The Department shall review Clearinghouse.
the administrative draft and make changes as
necessary to reflect the independent judgment The Department of Planning and Community
of the Department and to ensure that the Development shall provide notice of the
document adequately and objectively public review for the Draft EIR upon filing
discloses any potential environmental effects of the Notice of Completion with the State
of the proposed project. Clearinghouse per Section 15087 of the State
CEQA Guidelines. Direct notice shall be
This review should be conducted within given to all organizations or individuals who
fourteen (14) calendar days of the date of have previously requested such notice. If a
submittal of the Draft EIR. Where State agency is a Responsible or Trustee
corrections or changes are found necessary Agency, ten (10) copies of the Draft EIR
by the Department, a revised administrative shall be provided to the State Clearinghouse.
draft shall then be prepared. As soon as the
revised Draft EIR is prepared and accepted Comments received as a part of the public
by the Department of Planning and review should be in writing and should focus
Community Development as adequate under on environmental issues related to the project
CEQA, a specified number of copies of the and the adequacy of the EIR.
circulation Draft EIR together with one
original copy shall be filed with the The Department of Planning and Community
Department. Development may schedule a public hearing
before the Planning Commission during or
18.64.090 Contents of EIR. upon completion of the public review period
for the purposes of receiving public
A. Any Draft EIR accepted by the Department comments on the Draft EIR. The public
of Planning and Community Development hearings may be held at the regular time and
shall comply with the content requirements of place of Planning Commission meetings, or
Sections 15120 through 15131 of the CEQA they may be held at another established place
Guidelines. The Draft EIR shall also include and time convenient to that portion of the
a Mitigation Monitoring and Reporting general public most interested in the project
Program as required by Chapter 21081.6 of for which the public hearing is being
the Public Resources Code. conducted.
B. Notice of Completion. Upon acceptance of B. Response to Comments on a Draft EIR. The
the Draft EIR by the Department of Planning Department of Planning and Community
and Community Development, a Notice of Development shall evaluate comments on
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environmental issues received during the D. Decision on a Project. After considering the
noticed public review period and shall Final EIR and in conjunction with making
prepare written responses. The responses findings under Section 15091 of CEQA, the
shall comply with the requirements described City may decide whether or how to approve
in Section 15088 of the CEQA Guidelines. or carry out the project. The City shall not
The response to comments shall take the decide to approve or carry out a project for
form of revisions to the Draft EIR, or may be which an EIR was prepared unless either:
a separate section of the Final EIR.
1. The project as approved will not have a
All comments received either in writing or as significant effect on the environment, or
summarized in minutes of public meetings
shall be retained by the Department of 2. The City has:
Planning and Community Development for a
period of at least three (3) years following a. Eliminated or substantially lessened
certification of the Final EIR for the subject all significant effects on the
project. environment, where feasible, as
shown in findings under Section
18.64.110 Final EIR. 15091 of CEQA.
A. Preparation. The Department of Planning b. Determined that any remaining
and Community Development shall prepare significant effects on the environment
the Final EIR in accordance with Section found to be unavoidable under
15132 of the State CEQA Guidelines. Section 15091 of CEQA are
acceptable due to overriding concerns
B. Certification of the Final EIR. Prior to as described in Section 15093 of
action on the project, the Final EIR shall be CEQA.
presented to the Planning Commission. At
least ten days prior to certifying an EIR, the E. Statement of Overriding Considerations. If
City shall provide a copy of its written the City detennines that the benefits of a
responses to comments to any public agency proposed project substantially outweigh the
that submitted comments during the review unavoidable adverse environmental effect(s),
period. The Planning Commission shall the City shall make a statement of overriding
certify that the Final EIR has been completed considerations in approving the project. The
in compliance with CEQA, and that the City shall state specific reasons to support its
decision-making body has reviewed and action based on the certified Final EIR and
considered the information contained in the additional evidence, if presented for the
Final EIR, pursuant to the findings of record.
Sections 15090 and 15091 of the State
CEQA Guidelines. F. Time Limits. With a private project, the City
shall complete and certify the Final EIR
C. Adoption of Findings. The City shall not within one (1) year after the date the
approve or carry out a project for which an application was accepted as complete. An
EIR has been prepared which identifies one unreasonable delay by an applicant in
or more significant environmental effect(s), meeting requests by the City necessary for
unless one or more written findings is made the preparation of an EIR shall suspend the
for each of those significant effect(s). running of the time period for the period of
Possible findings are described in Section the unreasonable delay. Alternatively, the
15091 of the State CEQA Guidelines. City may disapprove a project application
where there is unreasonable delay in meeting
requests. The City may allow a renewed
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application to start at the same point in the monitored, the agency and/or person
process where the application was when it responsible for monitoring, and dates for the
was disapproved. commencement and completion of the
mitigation.
G. Notice of Determination. The City shall file
a Notice of Determination (NOD) with the C. Draft monitoring programs for projects for
Shasta County Clerk following project which an EIR is prepared shall be included in
approval for which an EIR was prepared. the Draft EIR. The monitoring plan shall be
The notice shall be prepared in accordance subject to the same public review and
with Section 15094 of the State CEQA comment accorded all other portions of the
Guidelines. If a State agency is a EIR. The final monitoring plan shall be
Responsible or Trustee Agency, the NOD adopted as a part of the CEQA findings for
shall also be filed with the State the subject project.
Clearinghouse.
A monitoring program for a Negative
The filing and posting of the NOD starts a Declaration shall be attached to the document
thirty (30) calendar day statute of limitations as a supporting exhibit if the monitoring
on court challenges to the approval under program is deemed necessary.
CEQA.
D. Where the City's monitoring or reporting
G. Final EIR Distribution. Within fifteen (15) activities demonstrate that mitigation
calendar days after certification of a Final measures are not being implemented, the
EIR, a copy of the Final EIR shall be Director shall notify the project applicant of
available for review or sale at the Department the specific areas of noncompliance and
of Planning and Community Development for request immediate correction. Where good
a reasonable amount of time. The City shall faith negotiation with the applicant does not
provide a copy of the certified, Final EIR to result in compliance with the mitigation
each Responsible Agency. measures, the City shall take appropriate
enforcement action, including issuance of
18.64.120 Mitigation Monitoring and stop-work orders.
Reporting.
18.64.130 Appeals of Environmental
A. As required under Section 21081.6 of the Determinations.
Public Resources Code, the City of Redding
shall establish monitoring or reporting Any determination or decision made by the
procedures for mitigation measures adopted Planning Director or Board of Administrative
as a condition of project approval in order to Review pursuant to these environmental review
mitigate or avoid significant effects on the procedures may be appealed to the Planning
environment. A Mitigation Monitoring/ Commission by any person aggrieved or affected
Permit Compliance Program shall be on file by such determination or decision. Such an
with the Department of Planning and appeal shall be taken by filing a written appeal
Community Development as adopted by City with the Planning Department within ten (10)
Council resolution. calendar days after the decision or determination.
The written appeal shall set forth the grounds
B. The Mitigation Monitoring/Permit upon which the appeal is based. The Planning
Compliance Program shall describe the Commission shall act on the appeal within 30
purpose, policy and procedure that the City days of the date of the filing of written appeal.
follows for a discretionary project. A
checklist shall be included which shall Where an appeal is made on the decision of a
reference the mitigation measure to be project, the Board of Administrative Review,
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Planning Commission or City Council may also Program, any unused portion of the assurity
review the environmental document prepared for would be returned to the project proponent.
the project; however, the environmental
document need not be recertified if the appeal is D. The Department of Planning and Community
not based on issues of the environment (for Development shall establish the costs to
definition of "environment" refer to Section purchase each Environmental Impact Report.
15360 of the CEQA Guidelines). The cost shall cover reproduction, storage,
mailing, and handling costs.
18.64.150 Fees and Bonds.
E. Copies of the State CEQA Guidelines may be
A. An applicant for a private project, which is reviewed at the Department of Planning and
determined not to be exempt from the Community Development or the County
provisions of CEQA, shall pay an Library. Copies may also be ordered from
environmental review fee as set by City the State Department of General Services,
Council resolution. It is the intent of the Publications Section.■
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
preparing and processing the EIR. The fees
shall by payable prior to distribution of the
Notice of Preparation for the EIR.
C. To guarantee that the City has the resources
to carry out the Mitigation Monitoring and
Reporting Program, The Planning
Commission or City Council may require the
project proponent to post a cash bond or
other specific assurity acceptable to the City
Attorney, at the time the project is approved
or is to be carried out. The assurity would
be used to cover the cost of staff time in
meeting the requirements of a Mitigation
Monitoring and Reporting Program. The
assurity would be posted with the City
Treasurer and all accrued interest would be
used to cover administrative handling by the
City. Upon completion of the Monitoring
PROJ\Z,ON\CH 18-64
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