§ 16.12.415. CEQA regulations.

A.

Determining if CEQA is Applicable. The director of development services or his/her designee shall determine whether or not the activity is a "project" subject to CEQA as defined in this article and Section 15378 of the state CEQA guidelines.

B.

Determining Project Exemption. If the activity is a project under CEQA, the director of development services or his/her designee shall determine if the project is exempt from environmental review. Exemptions shall be determined pursuant to Article 18 and 19 of the state CEQA guidelines. In addition, the following activities or actions shall be exempted from CEQA:

1.

Lot mergers for two or more parcels;

2.

Lot line adjustments not resulting in the creation of any new parcel;

3.

Minor exceptions and variances;

4.

Applications for second dwelling units, educational animal projects, certificates of correction, and certificates of compliance;

5.

Extension requests for approved projects, provided the extension request seeks no increase in previously approved entitlements;

6.

An infill project which is consistent with the general plan and zoning or specific plan and on a project site of no more than five acres which is substantially surrounded by existing development.

7.

Parcel maps involving four or fewer parcels for residential uses, or parcel maps for commercial, and industrial uses provided the parcel map is consistent with the general plan and zoning or specific plan;

8.

Temporary special events involving less than one thousand (1,000) attendees; and the event is consistent with the general plan, and zoning or specific plan.

9.

Discretionary land use approvals that are consistent with an approved specific plan or planned development, for which an environmental finding has already been adopted by the city;

10.

Development code and specific plan amendments which do not propose to increase the density or intensity allowed in the general plan.

C.

Submission of Data by Applicant. The lead agency may require the applicant to submit any data or information which may be necessary for the lead agency to determine whether the project may have a significant effect on the environment and to assist in the preparation of an initial study, negative declaration, mitigated negative declaration, or EIR by the lead agency.

D.

Reviewing Authority.

1.

The reviewing authority authorized by the development code to act on the project shall be responsible for making the environmental determination, except the planning commission or city council shall decide to certify an environmental impact report (EIR). Decisions by the director of development services or his/her designee, the development review committee, or the planning commission may be appealed pursuant to Section 16.12.055.

2.

Prior to approving the project, the reviewing authority shall independently review and analyze the negative declaration and any comments received by the lead agency concerning the negative declaration and adopt or disapprove the negative declaration, mitigated negative declaration or EIR.

E.

Public Notice. Notices shall be published at least one time by the lead agency in a newspaper of general circulation in the area affected by the proposed project. Public notice of the proposed negative declaration may also be given at the same time and in the same manner as the public notice of the project required by Section 16.12.010.

F.

Preparation of required documentation and supported technical studies may be done by the city, consultant hired by the city, or consultant hired by the project proponents. All documentation shall be prepared under direct supervision of the city. All documentation will be reviewed by and completed to the satisfaction of the city, and shall reflect the city's independent judgment and analysis.

(Ord. 2011-04, § 3(Exh. A), 5-3-11)