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HomeMy WebLinkAboutResolution 1998-032 RESOLUTION NO. 1998-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING REVISED LOCAL GUIDELINES FOR THE IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Section 21082 of the Public Resources Code requires that each agency adopt local objectives, criteria, and procedures for the implementation of the California Environmental Quality Act; and WHEREAS,the Planning Commission of the City of Atascadero, at its regularly scheduled meetings on June 16, 1998 and July 7, 1998, studied, considered, and recommended adoption of revised local Guidelines for the Implementation of the California Environmental Quality Act; and WHEREAS, the City Council has determined that it is in the best interest of the City to enact these amendments to the local CEQA Guidelines to protect the health, safety and welfare of its citizens by ensuring compliance with State goals for environmental reporting and documentation for projects proposed within the City; and m WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rescinds Resolution No. 1-86. BE IT FURTHER RESOLVED that the City Council hereby adopts the attached revised local Guidelines for the Implementation of the California Environmental Quality Act. On motion by Council Member Johnson and seconded by Council Member Clay, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, Johnson, Lerno, Luna and Mayor Carden NOES: None ABSENT: None ADOPTED: July 28, 1998 RESOLUTION NO. 1998-032 PAGE 2 CITY OF ATASCADERO, CA f; G, HAROLD L. C EN III,Vlayorf ATTEST: MARCIA M. TORGERSON, C' Clerk APPROVED AS TO FORM: ROY A r LEY, City Attorne CITY OFATASCADER0 CEQA GUIDELINES Vol: R 191$ 6500 PALMA AVENUE ATASCADERO, CA 93422 July 1998 000080 CITY OF ATASCADERO ENVIRONMENTAL QUALITY ACT GUIDELINES Table of Contents Pape Chapter 1 - Purpose and Authority 1 Chapter 2 - Definitions 2 Chapter 3 - Public Participation 5 Chapter 4 - Activities Exempt From CEQA 5 Chapter 5 - Initial Review 8 Chapter 6 - Negative Declarations 10 Chapter 7 - Expanded Initial Studies 11 Chapter 8 - Environmental Impact Reports 12 Chapter 9 - Noticing 14 Chapter 10 - Appeals 14 Chapter 11 - Mitigation Monitoring 15 Chapter 12 - Interagency Review 15 City of Atascadero CEQA Guidelines 000081 CITY OF ATASCADERO ENVIRONMENTAL QUALITY ACT GUIDELINES CHAPTER 1 PURPOSE AND AUTHORITY Section 1.0 The purpose of these Guidelines is to provide definitions, procedures, criteria and objectives for the implementation of the California Environmental Quality Act(Public Resources Code Section 21000 et. seq., CEQA). Section 1.1 These Guidelines are intended to facilitate City compliance with CEQA and standardize procedures for the evaluation of projects and the preparation of environmental documents when the City of Atascadero is the Lead, Responsible, or Reviewing agency under CEQA. Section 1.2 These Guidelines are adopted by the City Council of the City of Atascadero pursuant to Section 21082 of the Public Resources Code. These Guidelines supplement the State CEQA Guidelines (California Code of Regulations, Title 14. Natural Resources, Sections 15000 et seq.). The State CEQA Guidelines, as they may be amended from time to time, including definitions and appendices, are incorporated by reference herein as'though set forth in full. Where the State CEQA Guidelines are more restrictive, the State Guidelines shall supersede any inconsistent provisions of these City Guidelines. Section 1.3 The City shall comply with all mandatory provisions of the State CEQA Guidelines applicable to local government agencies. Copies of the State CEQA Guidelines and these City Guidelines shall be made available for inspection in the Community Development Department during regular business hours. Section 1.4 The State CEQA Guidelines encourage local governmental agencies to reduce d3'ay and pap::rwork by, among other things: a) Integrating the CEQA process into early planning; b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; c) Using initial studies to identify significant environmental issues and to narrow the scope of EIR's; d) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment; e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; City of Atascadero -1 - CEQA Guidelines 000082 f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; g) Integrating CEQA requirements with other environmental review and consultation requirements; h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; i) Combing environmental documents with other documents, such as general . plans; j) Eliminating repetitive discussions of the same issues by using EIR's on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; k) Preparing analytic.., rather than encyclopedic EIR's; 1) Limiting discussion of insignificant issues to explain why they are not significant; m) Writing EIR's in plain language that is understandable by decision makers and the public; n) Establishing and following a clear format for EIR's; o) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material; p) Summarizing and incorporating publicly available information by reference; and q) Making comments on EIR's prepared by other agencies as specific as possible. CHAPTER 2 DEFINITIONS Section 2.0 The following words and phrases, where not defined in the State CEQA Guidelines, shall have the meaning ascribed to them in these definitions. These definitions are intended to clarify the City process by supplementing definitions used in the State CEQA Guidelines: "Applicant" shall mean the person, entity, or public agency that proposes a project. "Approval" means a decision by the decision making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be`undertaken directly by the City, approval shall be deemed to City of Atascadero -2- CEQA Guidelines 000083 occur on the date when the decision making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. For purposes of these Guidelines, all environmental documents must be, completed as of the time of project approval. "Categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. "CEQA" shall mean the California Environmental Quality Act, found in Public Resources Code Sections 21000 et seq. "City" means the City of Atascadero, California "Decision Making Body" means the body within the City, i.e., City Council or Planning Commission, with final approval authority over the particular project. (See "Approval') "Discretionary Project" means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. "Environmental Coordinator" is the Community Development Director, or his/her designee, to make environmental determinations and recommendations, manage the environmental review process and review environmental documents submitted to the City by federal, state, or local agencies. "Environmental Impact Report" or "EIR" shall mean an Environmental Impact Report as defined in Article 20 of the State CEQA Guidelines, unless otherwise specified, shall also mean an Addendum to an EIR, Supplement to an EIR, a Program EIR, Subsequent EIR, or Master EIR. "Expanded Initial Study shall mean an in-depth analysis of specific environmental issues, conducted by qualified and recognized experts in the fields) of study, for the purpose of determining whether a proposed project qualifies for a Negative Declaration or should be subject to the preparation of an Environmental Impact Report. "Initial Study" means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. City of Atascadero -3- CEQA Guidelines 000084 "Mitigated Negative Declaration" means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. "Negative Declaration means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. The "next available City Council meeting" shall be the first City Council meeting which has available space on the agenda and which allows for sufficient time for the Environmental Coordinator to analyze the issues, prepare the appropriate reports and exhibits, and publish and give the notices required by these Guidelines. "Notice of Completion" means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. "Notice of Determination" means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. "Notice of Exemption" means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible Agencies and Trustee Agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from such agencies as to the scope and content of the environmental information to be included in the EIR. "Project" means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: a) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. City of Atascadero -4- CEQA Guidelines 000085 b) A discretionary activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City. c) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans - or elements thereof, the enactment or amendment of zoning ordinances, the issuance of variances, the issuance of conditional use permits, and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term project refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term project does not mean each separate governmental approval. "Significant effect" generally means a substantial or potentially substantial adverse change in the physical environment. The definition of "significant effect" must remain flexible because the significance of an activity may vary with the physical setting of the project. "State CEQA Guidelines" shall mean California Code of Regulations, Title 14. Natural Resources, Section 15000 et seq. CHAPTER 3 _ PUBLIC PARTICIPATION Section 3.0 The Environmental Coordinator shall take prudent action necessary to ensure that the City environmental review process for all projects is open to public participation. Section 3.1 Upon request, the Environmental Coordinator or designee will meet and confer with any person to discuss the status and progress of the environmental review process for any project. Section 3.2 During the environmental review process, any person may submit information of an environmental nature which is germane to the project under review for consideration by the Environmental Coordinator. CHAPTER 4 ACTIVITIES EXEMPT FROM CEQA Section 4.0 CEQA applies to discretionary projects proposed to be carried out or approved by public agencies. If the proposed activity does not come within the definition of"projectu, it is exempt from CEQA review. City of Atascadero -5- CEQA Guidelines 000086 "Project does not include: a) Anything specifically exempted below or by State law. b) Proposals for legislation to be enacted by the State Legislature. c) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making, feasibility or planning studies. d) The submittal of proposals to a vote of the people. e) The creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. Section 4.1 A ministerial project is exempt from CEQA review. This is a project undertaken or approved by the City upon a given set of facts, in a prescribed manner, and in obedience to statute, ordinance, regulation or other legal mandate. A ministerial project is one in which the City officer or employee has no power to exercise personal judgment or opinion as to the method in which the project will be carried out. CEQA review would be irrelevant for a ministerial project, because the City must act in a preordained way regardless of environmental impacts. The decision whether a proposed project is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. Ministerial projects include, but are not limited to: a) Issuance of business licenses; b) Approval of final subdivision maps and final parcel maps; c) Approval of individual utility service connections and disconnections; d) Issuance of licenses; e) Issuance of a permit to do street work; f) Issuance of building permits where the City does not retain significant discretionary power to modify or shape the project. Where a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be.deemed to be discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. Section 4.2 CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies shall further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, a Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and this Chapter. City of Atascadero -6- CEQA Guidelines 00008'7. Section 4.3 If, in the judgment of Staff, a proposed activity is exempt, Staff should prepare a preliminary Notice of Exemption. The preliminary Notice of Exemption shall be retained at City Hall as a public record. Section 4.4 Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment,the activity is exempt. Section 4.5 The following types of emergency projects are exempt: a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. b) Emergency repairs to public service facilities necessary to maintain service. c) Specific actions necessary to prevent or mitigate an emergency. d) Projects undertaken within one year of damage to maintain, repair, or restore an existing public highway, street or road within the existing right-of- way, except for a highway designated as an official state scenic highway. Section 4.6 A project which involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt. Section 4.7 The State Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been legislatively determined not to have a significant effect on the environment and which, therefore, are exempt. Class 1 Existina Facilities. The operation, repair, maintenance or minor alteration of existing public or private structures, facilities, equipment or other property of every kind, which involves negligible or no expansion of use beyond that previously existing. (State Guidelines Section 15301.) Class 2 Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3 New Construction or Conversion of Small Structures. Construction of limited numbers of small, new facilities or structures 'and installation of small, new equipment or facilities in small structures, and the conversion of existing small structures from one use to another where only City of Atascadero -7- CEQA Guidelines 000088 - minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (The maximum number of structures allowable under this exemption is set forth in State Guidelines Section 15303.) Class 4 Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of mature or scenic trees. (State Guidelines Section 15304.) Class 5 Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6 Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource (State Guidelines Section 15306.) Class 7 Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15307.) Class 8 Actions By Regulatory Agencies for Protection of the Environment. Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15308.) Class 9 Inspection. Inspection activities, including but not limited to inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State Guidelines Section 15309.) CHAPTER 5 INITIAL REVIEW Section 5.0 Any project undertaken or to be approved by the City which may be subject to CEQA shall first be reviewed by the Environmental Coordinator to determine: City of Atascadero -8- CEQA Guidelines 000089 a) Whether or not it is a project; b) Whether or not it is a project statutorily or categorically exempt from CEQA, or: c) Whether or not it is a project where it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. Statutory exemptions are defined in Article 18 of the State CEQA Guidelines. Categorical exemptions are those listed in Article 19 of the State CEQA Guidelines. General Rule Exemptions are defined in section 15061(b)(3) of the State CEQA Guidelines. If it is determined that the activity is exempt, the Environmental Coordinator may prepare and file a Notice of Exemption with the County Clerk. Section 5.1 Any applicant may waive the determination as to whether there is a potentially significant effect on the environment and voluntarily agree to the preparation of an EIR. A written waiver shall accompany a request for preparation of an EIR without an environmental determination. Section 5.If it is determined that the activity is not exempt and the applicant has not waived the right to an environmental determination, the Environmental Coordinator shall request, and the applicant shall supply, data and information sufficient to conduct an Initial Study pursuant to the State CEQA Guidelines. A fee may be charged for the preparation of the Initial Study, the amount of which will be set by ordinance of the City Council. Failure of the applicant to supply sufficient information or fees required is a ground for disapproval of the project. Section 5.3 Based upon the Initial Study, the Environmental Coordinator shall take one of the following actions: a) If there is no substantial evidence that a project, not otherwise exempt, may have a significant effect on the environment, or if revisions in a project have been made by or agreed to by the applicant to a point where clearly no significant effects on the environment would occur and there is no substantial evidence that the project as revised may have a significant effect on the environment, a draft Negative Declaration shall be issued. b) If the Initial Study indicates that additional in-depth or more detailed information is necessary to clarify a project's potential environmental impacts, or if additional analysis would, in the opinion of the Environmental Coordinator, result in the development of feasible mitigation measures for potentially significant impacts posed by the project, an Expanded Initial Study shall be prepared. c) If the Initial Study reveals substantial evidence.that any aspect of a project, either individually or cumulatively, may cause a significant effect on the environment, an Environmental.Impact Report shall be prepared. Section 5.4 When an applicant fails to provide the information required pursuant to the State CEQA Guidelines and these Guidelines, the Environmental Coordinator may return the project to the applicant without an environmental determination. City of Atascadero -9- CEQA Guidelines 000090 Written notice of this action by the Environmental Coordinator shall be given to the applicant and any person who requested notice concerning the project. CHAPTER 6 NEGATIVE DECLARATIONS Section 6.0 When a proposed Negative Declaration is to be prepared, the following procedures and those procedures which are mandatory in CEQA and Article 6 of the State CEQA Guidelines shall be followed. Section 6.1 A proposed Negative Declaration shall be prepared by the Environmental Coordinator, or by a consultant under contract to the City. Section 6.2 Where the identification of mitigation measures enables an applicant to modify a project during the Initial Study to mitigate all potentially significant impacts, a Negative Declaration incorporating those mitigation measures into the project description shall be prepared. Section 6.3 All mitigation measures forming the basis of a finding of no significant impact must be accepted by the applicant and incorporated into the project description before a draft Negative Declaration is found adequate. Section 6.4 Upon completion of the draft Negative Declaration, the document shall be posted for public review and the project shall be processed on the basis of the draft Negative Declaration. No final action shall be taken on a project until completion of the public review period required by CEQA. Section 6.5 Upon request, each member of the Planning Commission and/or City Council and any other person or agency shall be sent a copy of the draft Negative Declaration. The Environmental Coordinator may charge a fee which is reasonably related to the costs of providing this service, the amount of which will be set by ordinance of the City Council. Section 6.6 Any person may submit comments, either orally or in writing, in response to a draft Negative Declaration. All comments on a project which raise environmental issues shall be forwarded to the Environmental Coordinator for review and response. The Environmental Coordinator shall respond to all written comments provided that: a) The comments raise environmental issues; and, b) Sufficient time to prepare adequate responses and include them in the project staff report(s) is available prior to the scheduled public hearing or date of approval of the permit or project. c) Comments that do not raise environmental issues will be acknowledged but not necessarily responded to in the Final Negative Declaration. When no public hearing is required for the project, the Environmental Coordinator's written responses shall be forwarded to the person submitting the comments, the applicant, and the project decision maker(s). City of Atascadero -10- CEQA Guidelines 000091 Section 6.7 If the Environmental Coordinator determines that the facts or basis of written or oral comments raise important environmental issues which have not been appropriately addressed in the proposed Negative Declaration, the Environmental Coordinator shall do any or all of the following, as necessary: a) Identify feasible mitigation measures or project changes that would mitigate any new significant environmental impacts identified in the comments. b) Revise the proposed Negative Declaration to respond to the comments. c) Withdraw the draft Negative Declaration pending further analysis. d) Recommend the preparation of an EIR. Section 6.8 Prior to making a recommendation to the City Council on a project for which a Negative Declaration has been prepared, an advisory body, including the Planning Commission, shall consider the draft Negative Declaration, together with any comments received during the public comment period. Section 6.9 Prior to making a decision to cant' out or approve a project for which a.draft Negative Declaration has been prepared, the decision maker(s) shall consider the. draft Negative Declaration together with any comments received during the public review process. The decision maker's) shall find the Negative Declaration to be.adequate if it is found, on the basis of the Initial Study and all comments received during the public comment period, that there is no substantial evidence that the project will have a significant effect on the environment. CHAPTER 7 EXPANDED INITIAL STUDIES Section 7.0 Whenever the Environmental Coordinator determines that the preparation of an Expanded Initial Study is required, the Environmental Coordinator shall notify the project applicant and request that the applicant agree to processing of the Expanded Initial Study pursuant to these guidelines. If the applicant does not agree to process an Expanded Initial Study for the project, the Environmental Coordinator may deem the application incomplete and return it to the applicant. When an Expanded Initial Study is required, the procedures in this article shall be followed. Section 7.1 The Environmental Coordinator shall require, and the applicant shall provide, information sufficient to describe the project, the project's purpose and objectives, and the project location. Failure of the applicant to supply sufficient information to process the Expanded Initial Study may result in disapproval of the proposed project. In addition to information required from the applicant by the Environmental Coordinator, an applicant may submit additional information in any format to aid in the preparation of the Expanded Initial Study. The Environmental Coordinator shall determine how and to what extent the applicant's information should be used. The Environmental Coordinator shall not endorse any information prepared by or under contract to the applicant without first conducting sufficient independent analysis to determine that the information is complete, accurate, and City of Atascadero - 11 - CEQA Guidelines 000092 can be presented to the public without.question as to any actual or perceived conflict of interest on the part of the author of the information. Section 7.2 At the Environmental Coordinator's discretion, an Expanded Initial Study shall be prepared by an outside consultant under contract to the City or directly by the City. The applicant shall be liable for all consultant costs related to the preparation of the Expanded Initial Study. Section 7.3 When the Expanded Initial Study is to be prepared by a consultant, an estimate for the cost of the preparation of the Expanded Initial Study will be secured by the Environmental Coordinator from consultants determined by the Environmental Coordinator to be qualified. Expanded Initial Study consultant contracts shall not be awarded to consultants that have any other involvement in the same project. The Environmental Coordinator shall be satisfied that any consultant preparing an Expanded Initial Study can provide an independent, objective and unbiased document. Section 7.4 Costs estimated for the Environmental Coordinator's processing of the Expanded Initial Study shall be included in the fees required of the applicant, the amount of which shall be set by an Ordinance of the City Council. Additional fees shall be required if additional information is determined to be necessary by the Environmental Coordinator. Section 7.5 On all projects undertaken by the City for which an Expanded Initial Study is required, the Environmental Coordinator will determine who should prepare the Expanded Initial Study, after conferring with the Director of the City Department carrying out the project. Section 7.6 The Environmental Coordinator shall negotiate any contracts or purchase requisitions for the preparation of an Expanded Initial Study. Unless otherwise authorized by purchase requisition, all such contracts shall be approved by the City Council. Section 7.7 Based upon the results of the Expanded Initial Study, the Environmental Coordinator shall take one of the following actions: a) Prepare and issue a proposed Negative Declaration; or, b) Prepare and issue a draft Mitigated Negative Declaration; or, c) Recommend the preparation of an Environmental Impact Report. CHAPTER 8 ENVIRONMENTAL IMPACT REPORTS Section 8.0 Whenever. the Environmental Coordinator determines that there is substantial evidence that any aspect of a 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 Environmental Coordinator shall notify the project applicant and request that the applicant agree to processing an EIR pursuant to these Guidelines. If the applicant does not agree to process an City of Atascadero - 12- CEQA Guidelines 000093 EIR for the project, the Environmental Coordinator shall recommend to the Planning Commission and/or City Council that the project be disapproved. Section 8.1 When an EIR is required, the procedures in this Article and those procedures which are mandatory in Article 7 of the State CEQA Guidelines shall be followed. Section 8.2 The Environmental Coordinator shall require, and the applicant shall provide, information sufficient to describe the project, the project's purpose and objectives, and the project location. In addition to information required 'from the applicant by the Environmental Coordinator, an applicant may submit additional information in any format to aid in the preparation of the draft EIR. The Environmental Coordinator shall determine how and to what extent the applicant's information should be used. The Environmental Coordinator shall not endorse any information prepared by or under contract to the applicant without first conducting sufficient independent analysis to determine that the information is complete, accurate, and can be presented to the public without question as to any actual or perceived conflict of interest on the part of the author of the information. Section 8.3 At the Environmental Coordinator's discretion, an EIR, EIR Addendum, Supplement or similar document shall be prepared by an outside consultant under contract to the City or directly by the City. The applicant shall be liable for all consultant costs related to the preparation of the EIR. Section 8.4 An estimate for the cost of the preparation of the EIR will be secured . by the Environmental Coordinator from consultants determined by the Environmental Coordinator to be qualified. EIR consultant contracts shall not be awarded to consultants that have any other involvement in the same project. The Environmental Coordinator shall be satisfied that any consultant preparing an EIR can provide an independent, objective and unbiased document. Section 8.5 Costs estimated for the Environmental Coordinator's processing of the EIR shall be included in the fees required of the applicant, the amount of which shall be set by ordinance of the City Council. Additional fees shall be required if additional information is determined to be necessary by the Environmental Coordinator. Failure of the applicant to supply sufficient information to process the EIR or fees required are grounds for disapproval of the project. Section 8.6 On all projects undertaken by the City for which an EIR is required, the Environmental Coordinator will determine who should prepare the EIR, after conferring with the Director of the City Department carrying out the project. Section 8.7 The Environmental Coordinator shall negotiate any contracts or purchase requisitions for the preparation of an EIR. Unless otherwise authorized by purchase requisition, all such contracts shall be approved by the City Council. Section 8.8 The content of an EIR shall be governed by the requirements of the State CEQA Guidelines. Section 8.9 The final EIR shall bepresented to the decision-maker(s) at a public hearing. Prior to final approval of the project, the decision-maker(s) shall certify that City of Atascadero - 13- CEQA Guidelines 000094 the final EIR has been completed in compliance with CEQA and the State CEQA Guidelines and that the decision-maker(s) have reviewed and considered .the information contained in the final EIR prior to approval of the project. Section 8.10 The Environmental Coordinator shall provide the decision-maker(s) with recommended Findings pursuant to CEQA and the State CEQA Guidelines. Prior to approval of the project, the decision maker(s) shall adopt Findings required by CEQA and the State CEQA Guidelines. CHAPTER 9 NOTICING Section 9.0 The Environmental Coordinator shall cause public notice of all proposed actions requiring such notice to be given as required by CEQA and the State CEQA Guidelines. Section 9.1 After a decision to certify as adequate a Negative Declaration for a project has been made, the Environmental Coordinator shall file a Notice of Determination on behalf of the lead agency pursuant to the State CEQA Guidelines. Section 9.2 After a decision to certify a final EIR has been made, the Environmental Coordinator shall file a Notice of Determination with the County Clerk which shall contain the information required in State CEQA Guidelines. CHAPTER10 APPEALS Section 10.0 Any person may appeal the determination of the Environmental Coordinator that a project is exempt or non-exempt from the provision of CEQA, the State Guidelines, and these Guidelines. Appeals shall be made to the decision- making body which has final authority for approval or disapproval of the specific type of project. Appeals shall be filed, in writing, with the Environmental Coordinator, no later than thirty-five (35) days following the date upon which the Notice of Exemption is filed. Immediately upon receipt of such an appeal, the Environmental Coordinator shall notify the applicant and the appellant of the date at which the decision-making body will consider the appeal. Section 10.1 Any person may appeal the determination of the Environmental Coordinator that a project will not have a significant affect on the environment and that a Negative Declaration will be prepared, or that a project may have a significant affect on the environment and that an Environmental Impact Report will be required. Appeals shall be made to the decision-making body which has final authority for approval or disapproval of the specific type of project. Appeals shall be filed, in writing, with the Environmental Coordinator no later than twenty-one (21) days following: a) The date of posting of the Negative Declaration. b) Mailing of written notice to the applicant that an EIR is required. City of Atascadero - 14 CEQA Guidelines 000095 Immediately upon receipt of such an appeal, the Environmental Coordinator shall notify the applicant and the appellant of the date at which the decision-making body will consider the appeal. No final decision to approve or disapprove a project shall be made prior to a final decision on the appeal. CHAPTER 11 MITIGATION MONITORING Section 11.0 The Environmental Coordinator shall conduct mitigation monitoring and reporting pursuant to CEQA and the State CEQA Guidelines. Section 11.1 Costs incurred by Environmental Coordinator for mitigation monitoring shall be included in the fees required of the applicant, the amount of which shall be set by ordinance of the City Council. Additional fees beyond the original amount shall be required if additional monitoring is determined to be necessary by the Environmental Coordinator. CHAPTER 12 INTERAGENCY REVIEW Section 12.0 From time to time, other agencies may send copies of proposed Negative Declarations or draft EIR's to the City for review and comment. Any agency or City Department subject to these Guidelines shall forward copies of such documents to the Environmental Coordinator immediately upon receipt. The Environmental Coordinator shall determine whether the City is a Responsible or Reviewing agency for the project in question, and shall coordinate the appropriate City response to the draft Negative Declaration or draft EIR. City of Atascadero - 15- CEQA Guidelines 000096