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186
Resolution R-2025-36
RESOLUTION NO. R-2025-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF
CEQA GUIDELINES IS NOT A PROJECT UNDER STATE
CEQA GUIDELINES SECTION 15378(B)(5) BECAUSE IT
INVOLVES AN ADMINISTRATIVE ACTIVITY AND WOULD
NOT RESULT IN ANY ENVIRONMENTAL IMPACTS; AND,
ADOPTING GUIDELINES AND PROCEDURES FOR
IMPLEMENTING THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE
§ 21000 ET SEQ.) FOR PROJECTS IN THE CITY OF
PLACENTIA
A. Recitals
WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.), the California Natural Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, § 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and
WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and
WHEREAS, the City of Placentia must adopt local guidelines for implementing CEQA consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines; and
WHEREAS, on June 10, 2025, the Planning Commission of the City of Placentia adopted Resolution No. PC-2025-07 recommending that City Council find that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts; and, recommending that City Council adopt guidelines and procedures for implementing the provisions of the California Environmental Quality Act for projects in the City of Placentia.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct.
187
Resolution R-2025-36
2. The City Council of the City of Placentia finds that adoption of CEQA Guidelines is not a project under State CEQA Guidelines Section 15378(b)(5) because it involves an administrative activity and would not result in any environmental impacts.
3. The City Council of the City of Placentia hereby adopts Guidelines and Procedures For Implementing The Provisions Of The California Environmental Quality Act (Pub. Resources Code § 21000 ET SEQ.) for projects in the City of Placentia as contained in Exhibit A attached hereto.
4. All prior actions of the City enacting earlier guidelines are hereby repealed.
APPROVED and ADOPTED this 1st day of July 2025.
___________________________
Kevin Kirwin, Mayor
ATTEST:
___________________________
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 1st day of July 2025 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______________________________
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
________________________________
Christian L. Bettenhausen, City Attorney
188
Resolution R-2025-36
Exhibit A:
GUIDELINES AND PROCEDURES FOR IMPLEMENTING
THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR PROJECTS IN THE
CITY OF PLACENTIA
189
GUIDELINES AND PROCEDURES FOR
IMPLEMENTING THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR PROJECTS IN THE CITY OF PLACENTIA
SECTION 1 PURPOSE
These Guidelines and Procedures are adopted to implement the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines (“State Guidelines”), California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq., as the same may be amended from time to time, and may be referred to as the Placentia CEQA Procedures or Procedures.
SECTION 2 RELATIONSHIP TO STATE GUIDELINES
The State Guidelines are hereby incorporated by reference. These Procedures are not meant to replace the State Guidelines but to implement, supplement and tailor the general provisions of the State Guidelines to the specific operations of the City of Placentia (“City”). The City Council is the governing board of the City. The City may administer its responsibilities under CEQA in any manner which meets the requirements of CEQA, notwithstanding the specific procedures and provisions set forth in these Procedures; provided, however, that when such procedures and provision are not followed, the City Council, shall, by minute action, find that extraordinary circumstances exist and that such procedures and provisions are waived. The City Council shall be the only CEQA decision- making body as specified in these Procedures with the ability to waive the procedures and provisions contained herein. If any Sections 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 definitions set forth in the Public Resources Code section 21060 et. seq. and the State Guidelines shall govern and are the applicable definitions except as modified and/or supplemented herein.
Advisory Body - 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. For the City the Advisory Body may include but is not limited to the Director and/or the City Planning Commission.
Approval - A decision by the Director, Planning Commission or City Council as appropriate, or other authorized body or officer of the City, which commits the City to a definite course of action with regard to a Project. With regard to any Project to be undertaken directly by the City, approval shall be deemed to occur on the date when the City Council adopts a motion or resolution determining to proceed with the Project which 190
2 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 issuance by the City of a discretionary action or other entitlement for the Project.
CEQA - The California Environmental Act as set forth in California Public Resources Code § 21000 et seq.
CEQA Documents – The CEQA Documents prepared for a particular Project which can include but is not limited to a Notice of Exemption, a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report and any necessary studies.
City - The City of Placentia, a California charter city and municipal corporation.
City Council – The Legislative Body for the City of Placentia and the final Decision- Making Body as set forth in these Procedures.
City Planning Commission – A commission of the City Council created pursuant to § 905 of the City Charter and § 2.11.010 of the Placentia Municipal Code.
Decision-Making Body – The person, commission, or council which has the authority by law or ordinance to make a final decision to approve or disapprove a Project at issue. The Decision-Making Body, depending on the CEQA document, is the Director, the City Planning Commission, and/or the City Council.
Department – The department in the City that is carrying out a Project.
Director – The Director of Development Services or his/her designee.
Discretionary Project - A Project for which approval requires the exercise of independent judgment, deliberation or decision making by the City.
Guidelines - The whole of this document is intended to provide the City’s criteria for implementation of CEQA and the State Guidelines.
Lead Agency – The City of Placentia.
Ministerial Project – A Project for which approval does not require the exercise of independent judgement, deliberation, or decision making by the City.
Person - Includes any person, firm, association, organization, partnership, business, trust, corporation, or company.
Private Project – A Project which will be carried out by a Person which will require discretionary approval from the City.
Project – Any action as defined by State Guidelines §15378. 191
3 Public Agency - Any state agency, board, or commission, any County, City, regional agency, public district, or other political subdivision.
Responsible Agency – A Public Agency as defined by State Guidelines § 15381.
Staff - The personnel in the Development Services Department and/or contracted personnel representing the City.
State Guidelines – The regulations as set forth in California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq. for the implementation of CEQA.
Trustee Agency – A state agency as defined by State Guidelines § 15386.
SECTION 4 RESPONSIBILITY OF DEPARTMENTS AND DIRECTOR
A. Private Projects. For all Private Projects the Development Services Department shall be responsible for the handling and processing of all CEQA Documents as follows:
1. Prepare the CEQA Documents or retain, at the applicants expense, outside consultants to prepare the CEQA Documents, including any necessary studies. Applicants expense includes, but is not limited to, peer review of the CEQA Documents and any related studies.
2. Upon completion of the CEQA Documents submit to the appropriate Decision-Making Body for final action.
B. Public Agency Projects. Each Department shall each be responsible for the preparation, review and/or processing of CEQA Documents as follows:
1. The Directors of the Department for which a Project is undertaken shall:
a. Conduct the environmental review process in conjunction with these Procedures and the Development Services Department including the preparation of the CEQA Documents; and, if necessary
b. Retain the services of an outside consultant to perform the environmental review, subject to these Procedures.
2. Upon completion of the CEQA Document, submit to the appropriate Decision-Making Body as set forth in these Procedures.
C. For All Projects. The Director, in consultation with the Director of Public Works, or his/her designee, shall ensure that all Projects are in compliance with the City Council 192
4 adopted Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment, as may be amended from time to time.
SECTION 5 INITIAL PROCESS
A. Purpose. The CEQA process is an informational process involving a series of procedural and substantive steps to determine if CEQA applies to a given activity, and if CEQA applies, to identify potential environmental impacts and methods of mitigating such impacts.
B. Steps.
1. Determine if an activity, proposal, or action meets the definition of a “Project” pursuant to CEQA (Guidelines §15378). If it does not meet the definition of a Project no further action under CEQA is required.
2. If the activity is a Project, determine if the Project is either statutorily or categorically exempt from further CEQA review, or is deemed ministerial and not subject to further CEQA review.
3. If the Project is exempt, no further CEQA review is required and a Notice of Exemption is prepared and filed pursuant to State Guidelines (Guidelines §15062).
4. If a Project is not exempt then an Initial Study shall be prepared to describe and evaluate the potential environmental impacts of the Project.
5. The Initial Study will lead to either the preparation of a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report.
SECTION 6 EXEMPTIONS
A. Exemptions Generally. Projects that are ministerial in nature, meet general rule findings, are statutorily exempt, are categorically exempt, or are denied do not require the preparation of an Initial Study, Negative/Mitigated Negative Declaration, or an Environmental Impact Report.
B. Ministerial Projects. A ministerial Project involves little or no personal judgement by the City and involves only the use of fixed standards or objective measurements and no personal, subjective judgement can be used in deciding if a Project can be carried out (State CEQA Guidelines §15269). Appendix “A” attached hereto an incorporated herein by reference, contains the list of Projects in the City that the City Council has found to be ministerial in nature. However, when a Project involves elements, some of which are ministerial in nature and some of which are discretionary, the overall Project will be deemed discretionary and subject to CEQA review.
193
5 C. General Rule. CEQA does not apply to a Project where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (State Guidelines §15061(b)(3)).
D. Statutory Exemptions. Those exemptions granted by the State legislature and are listed in State Guidelines §§ 15260 through 15285, as may be amended from time to time.
E. Categorical Exemptions. Those classes of Projects which the State Guidelines have determined typically do not have a significant impact on the environment (State Guidelines §§ 15300-15333). In addition, pursuant to § 15300.4 of the State Guidelines, the City hereby adds the activities and permits listed in Appendix “B” attached hereto and incorporated herein by reference, to the list of Class Numbers 1, 3, 4, and 5 activities that are categorically exempt in the City.
F. Categorical Exemption Limitation. A categorical exemption shall not be used if the conditions in State Guidelines § 15300.2 apply.
G. Notice of Exemption. If a Project is exempt under one of the categories listed above, then a Notice of Exemption may be filed following the procedures and requirements of California Public Resources Code § 21152 and State Guidelines § 15062, and as follows:
1. The Notice shall include a brief description of the Project, the location of the Project, a finding that the Project is exempt citing to the sections or statutes of the exemptions and the justifications for the exemptions, the applicant’s name and the identity of the person undertaking the Project.
2. The Notice shall be filled with the State Clearinghouse and County Clerk, after approval of the Project.
3. The Notice should be filed within five (5) working days after approval of the Project.
4. For Private Projects, the person or entity proposing the carry out the Project shall pay all filing fees.
SECTION 7 INITIAL STUDIES
A. Determination that an Initial Study should be Prepared. If a Project is subject to the requirements of CEQA and not exempt under the State Guidelines, within thirty (30) days of deeming an application complete, the Director shall initiate an Initial Study to determine if the Project may have a significant effect on the environment. The Director may extend the determination by an additional fifteen (15) days upon consent of the applicant. If the Director determines that an Environmental Impact Report 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 194
6 Project planning, implementation, and operation shall be considered. An Initial Study or similar analysis prepared pursuant to NEPA may be used to meet the requirements of this Section.
B. Early Consultation with other Agencies and Native American Tribes. When one or more public agencies will be involved in approving a Project, Staff shall consult with all Responsible and any Trustee Agencies. Pursuant to AB 52 and SB 18, Staff shall follow the procedures in connection the consultation with Native American Tribes. Such consultation shall be undertaken as part of the Initial Study process but need not be completed within the Initial Study time frame.
C. Elements. The elements of an Initial Study shall follow Appendix G of the State Guidelines.
D. Results of Initial Study. The Initial Study shall be used to provide a written determination of whether a Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report shall be prepared for a Project.
SECTION 8 NEGATIVE DECLARATIONS OR MITIGATED NEGATIVE
DECLARATIONS
A. Determination to Prepare a Negative Declaration or Mitigated Negative Declaration. The Director shall direct the preparation of a Negative Declaration or Mitigated Negative Declaration for a Project based on the following circumstances.
1. Negative Declaration. The Initial Study, in light of the whole record, shows there is no substantial evidence that the Project may have a significant effect on the environment.
2. Mitigated Negative Declaration. 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 Mitigated 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 substantial evidence before the Director that the Project as revised may have a significant effect on the environment.
B. Procedures. A Negative Declaration or Mitigated Negative Declaration shall follow the State Guidelines as to required content (State Guidelines §15071).
C. Standards. A Negative Declaration or Mitigated Negative Declaration should be prepared with a sufficient degree of analysis to provide the Decision-Making Body with information which enables them to make a decision which takes account of environmental consequences. The Director shall make the determination as to adequacy of the Negative Declaration or Mitigated Negative Declaration. The evaluation of environmental effects 195
7 need not be exhaustive but must be within the scope of what is reasonably feasible. A good faith effort at completeness is necessary.
D. Time Frame for Completion. For Private Projects a Negative Declaration or Mitigated Negative Declaration shall be completed and a recommendation made by Staff no later than 105 days from the date on which an application is accepted as complete.
Completion of a Negative Declaration or Mitigated Negative Declaration within the 105- day period shall include completion of the Initial Study, public review and the preparation of a document(s) ready for approval and adoption by the Decision-Making Body.
Completion within the 105-day period does not include the approval or adoption of the Negative Declaration or Mitigated Negative Declaration by the Decision-Making Body. In the event that compelling circumstances justify additional time and the Project applicant consents thereto Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration or Mitigated Negative Declaration.
Should the Project applicant unreasonably delay in providing information requested by the Staff, the 105-day time frame may be suspended for the length of the unreasonable delay.
E. Notice of Intent to Adopt. Prior to the adoption of a Negative Declaration or Mitigated Negative Declaration, a Notice of Intent to Adopt shall be filed pursuant to State Guidelines §15072. The Notice shall be mailed to responsible agencies, trustee agencies and to those organizations and individuals who have requested, in writing, to receive such notice and in one of the following manners to allow for public review:
1. Publication at least once in the in the paper of general circulation within the Project area.
2. Posting the notice on and off the site in the area where the Project is located.
3. Direct mailing to the owners and occupants of property contiguous to the Project. The owners are identified by the latest equalized assessment roll.
In addition, the Notice shall be filed with the County Clerk. For a Project of statewide, regional or areawide significance, notice is provided to transportation planning agencies and public agencies which have transportation facilities within the jurisdiction which could be affected by the Project. Public transit agencies with facilities within one-half mile of the Project should also receive notice.
If the City has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and they have provided the City with the military contact office and address, then that military office shall be included in the list of organizations to receive notice (State Guideline §15190.5).
F. Public Review. For Projects that do not require submittal to the State Clearinghouse, there is a minimum of 20-day public review and comment period. If 196
8 submitted to the State Clearinghouse, then there is a minimum of 30-day public review and comment period (State Guidelines § 15073).
G. Adoption of a Negative Declaration or Mitigated Negative Declaration. Prior to approval of a Project, the Decision-Making Body shall consider the Negative Declaration or Mitigated Negative Declaration together with any comments received during the public review process. After review by the Decision- Making Body, the Project and the Negative Declaration or Mitigated Negative Declaration, and any recommendation thereto, may be adopted, approved or disapproved. If the Director or the Planning Commission is the Decision-Making Body, that decision is final unless appealed.
H. Mitigation Monitoring and Reporting Program/Plan. In conjunction with adoption of a Mitigated Negative Declaration, the Decision-Making Body shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15074), and as set forth in Section 10 below.
I. Notice of Determination. Within five (5) working days after the Decision-Making Body has made a decision to carry out or approve a Project, the Director shall cause to be prepared and filed a Notice of Determination pursuant to Public Resources Code § 21152 and State Guidelines § 15075. The Notice of Determination shall be filed with the State Clearinghouse and the County Clerk.
J. Federal Projects - For Projects where federal involvement might require the preparation of a finding of no significant effect, the State Guidelines shall be followed in addition to the procedures set forth in this Section.
K. Costs – For Private Projects, the Person or entity proposing to carry out the Project shall pay all costs incurred by the City for the preparation of the Negative Declaration or Mitigated Negative Declaration, including all publication costs and filing fees.
SECTION 9 ENVIRONMENTAL IMPACT REPORTS
A. Significant Impacts. When the Director determines that a Project may have a significant impact on the environment, the Director shall direct the preparation of an Environmental Impact Report for the Project. The Project applicant shall provide any information requested for the preparation of an Environmental Impact Report. In connection with the preparation of an Environmental Impact Report, the procedures contained in this Section and the State Guidelines shall be followed (§§15120 – 15132).
B. Preparation of an Environmental Impact Report.
1. One of the following methods or a combination of them may be used for preparing an Environmental Impact Report:
a. Contracting with another entity, public or private, to prepare the Environmental Impact Report.
197
9 b. Accepting an Environmental Impact Report prepared by a consultant, and paid by the applicant, or any other person.
c. Using a previously prepared Environmental Impact Report.
2. The Environmental Impact Report shall be reviewed and analyzed by Staff before it is sent out for public review to ensure its accuracy, objectivity and completeness. The Environmental Impact Report shall also reflect the independent judgment of the City.
3. Staff may require the applicant to supply data, technical studies, and information to assist in preparing the Environmental Impact Report. The applicant shall also be required to identify any other public agencies that will have jurisdiction by law over the Project.
4. The applicant shall pay an Environmental Impact Report processing fee established by City Council resolution and shall pay the actual costs of preparing and printing the Environmental Impact Report.
C. Notice of Preparation. A Notice of Preparation (NOP) (State Guidelines § 15082) notifying responsible and interested agencies about the Project and soliciting their comments on the scope and content of the Environmental Impact Report shall be prepared by Staff or a consultant, if one is retained. This notice shall be sent by certified mail to the applicant, all Responsible and Trustee Agencies, and all federal agencies involved in approving or funding the Project. The NOP shall also be sent to the State Clearinghouse and the County Clerk. Those receiving the NOP have 30 days in which to provide comments regarding the Environmental Impact Report preparation for the Project.
If the City has received a written notification by the U.S. Department of Defense or any branch of the U.S. Armed forces of the specific boundaries of a low-level flight path, military impact zone, or special use airspace and they have provided the City with the military contact office and address, then that military office shall receive notice the NOP (State Guideline §15190.5).
D. Scoping Meeting. The City may decide to hold a scoping meeting prior to the preparation of an Environment Impact Report. However, for Projects of statewide, regional or areawide significance, or that may affect a highway or other facility under the jurisdiction of the Department of Transportation, at least one scoping meeting shall occur.
Notice for a scoping meeting shall be given as follows:
1. Any county or city that borders the City.
2. Any responsible agency.
3. Any public agency that has jurisdiction by law with respect to the Project. 198
10 4. Any organization or individual who has filed a written request for the notice.
E. Form and Content of an Environmental Impact Report - The required contents of an Environmental Impact Report as set forth in the State Guidelines §§ 15120 - 15132 shall be followed.
F. Standards. An Environmental Impact Report should be prepared with a sufficient degree of analysis to provide the Decision-Making Body with information which enables them to make a decision which takes account of environmental consequences. The Director shall make the determination as to adequacy of the Environmental Impact Report.
The evaluation of environmental effects need not be exhaustive but must be within the scope of what is reasonably feasible. A good faith effort at completeness is necessary.
G. Notice of Completion. As soon as an Environmental Impact Report is completed, the Director shall file a Notice of Completion in printed form or electronically with the Office of Planning and Research. The Notice of Completion shall include all required information and be filed pursuant to State Guidelines § 15085. The Notice of Completion shall include:
1. A brief description of the Project.
2. The location of the Project either by street address and cross street for urban areas, or by attaching a map, as set forth in State Guidelines § 15085.
3. Address where copies of the draft Environmental Impact Report are available.
4. The review period during which comments will be received.
H. Notice of Availability. A Notice of Availability of a completed Environmental Impact Report shall be provided at the same time as the Notice of Completion is sent to the Office of Planning and Research. The Notice of Availability shall be prepared and posted as prescribed in the State Guidelines (§ 15087), shall be mailed to the last known address of all organizations and individuals who had previously requested such notice and shall be provided and in one of the following manners:
1. Publication at least once in the paper of general circulation within the project area.
2. Posting the notice on and off the site in the area where the Project is located.
3. Direct mailing to the owners and occupants of property contiguous to the Project. The owners are identified by the latest equalized assessment roll.
199
11 The Notice of Availability shall include:
1. Brief description of the Project.
2. Starting and ending dates of the review period.
3. The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency.
4. A list of the significant environmental effects anticipated as a result of the Project.
5. The address where copies of the Environmental Impact Report and all documents incorporated by reference will be available for public review.
The location shall be readily accessible during the lead agency’s normal working hours. Copies of the draft Environmental Impact Report should be provided to the Placentia Public Library.
6. The presence of the Project site on any lists enumerated under Government Code §65962.5 (hazardous waste sites).
I. Public Review of an Environmental Impact Report. Upon the filing of a Notice of Completion, the Director shall submit copies of the Draft Environmental Impact Report to each responsible agency, trustee agency and any other public agency having jurisdiction by law with respect to the Project. Copies of the Environmental Impact Report shall also be made available for purchase by members of the general public. Any person obtaining a copy of the Draft Environmental Impact Report shall reimburse the Public Agency for its reproduction pursuant to the fees established by City Council resolution. Copies of the Draft Environmental Impact Report shall be available at the Placentia Library District, 411 East Chapman Avenue and at City Hall, 401 East Chapman Avenue. The Draft Environmental Impact Report shall also be available on the City’s website under Development Services Department.
The public review period for an Environmental Impact Report shall not be less than 30 days nor should it be longer than 60 days except under unusual circumstances. If the Environmental Impact Report is submitted to the State Clearinghouse for review, the review period shall not be less than 45 days.
J. Responses to Comments. In addition to any and all requirements of the State Guidelines, the Director shall ensure that all comments received regarding the Draft Environmental Impact Report are evaluated and responded to. The Director shall provide a proposed written response to any public agency on comments made by that public agency at least 10 days prior to certifying the Environmental Impact Report (State Guidelines § 15088). Response to Comments on Draft Environmental Impact Report may take the form of a revision of the Draft Environmental Impact Report or may be an attachment to the Draft Environmental Impact Report. The responses of the City must describe the 200
12 disposition of any significant environmental issues raised such as any revisions to the proposed Project designed to mitigate anticipated impacts or objections. In particular any major issues raised when the City’s position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. The responses shall contain recommendations when appropriate to alter the Project as described in the Draft Environmental Impact Report as a result of an analysis of the comments received.
K. City Planning Commission Recommendations on the Draft Environmental Impact Report. At a public hearing, the City Planning Commission shall review the Draft Environmental Impact Report for all Projects (private and public) and shall make recommendations to the City Council regarding the following items:
1. Whether the Draft Environmental Impact Report has been completed in compliance with CEQA, the State Guidelines, and these Procedures.
2. Whether the Environmental Impact Report should be certified.
3. If there is one or more significant environmental effects, written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.
L. Preparation of Final Environmental Impact Report. Prior to the public hearing before the City Council, it shall be the responsibility of the Director to cause to be prepared a Final Environmental Impact Report. The contents of a Final Environmental Impact Report shall consist of:
1. The Draft Environmental Impact Report or a revision of the draft.
2. Comments and recommendations received on the Draft Environmental Impact Report either verbatim or in summary.
3. A list of persons, organizations, and public agencies commenting on the Draft Environmental Impact Report.
4. The responses of the City to significant environmental points raised in the review and consultation process.
5. Responses to comments received on the Draft Environmental Impact Report.
6. Any other information added by the City (State Guidelines § 15132).
M. Certification of a Final Environmental Impact Report. At a public hearing, the City Council shall review the Final Environmental Impact Report. The Final Environmental 201
13 Impact Report shall be presented to the City Council, together with the Draft Environmental Impact Report.
Prior to approving the Project, the City Council shall certify that:
1. The Final Environmental Impact Report is complete and adequate and has been completed in compliance with CEQA, the State Guidelines, and these Procedures.
2. The Final Environmental Impact Report was presented to them, and that they reviewed and considered the information contained in the Final Environmental Impact Report prior to approving the Project.
3. The Final Environmental Impact Report reflects the City’s independent judgment and analysis.
N. Findings. The City Council, in the certification of the Environmental Impact Report, shall identify 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 set forth in the State Guidelines § 15091 include:
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 Environmental Impact Report.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Public 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, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final Environmental Impact Report.
O. Mitigation Monitoring or Reporting Program - In conjunction with adoption of an Environmental Impact Report, the City Council shall adopt a program of monitoring to ensure that the required mitigation measures are implemented (State Guidelines § 15097) as set forth in Section 10 below.
P. Statement of Overriding Considerations. For any impact that cannot be reduced to less than significant, a Statement of Overriding Consideration shall be adopted pursuant to the State Guidelines § 15093. The City Council shall balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project against its unavoidable environmental risks when 202
14 determining whether to approve the Project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable. The findings shall be in writing and set forth the specific reasons to support its action based on the Final Environmental Impact Report and/or other information in the record.
Q. Notice of Determination - When the City has decided to carry out or approve a Project, the Director shall cause to be prepared a Notice of Determination and within five (5) working days, shall file the Notice of Determination with the State Clearinghouse and County Clerk. The Notice of Determination shall include those items specified in the State Guidelines § 15094 as follows:
1. Identification of the Project including any Project title used in the Draft Environmental Impact Report.
2. Location of the Project either by street address and cross street for urban areas, or by attaching a map as set forth in State Guidelines § 15085.
3. The State Clearing Housing identification number.
4. A brief description of the Project.
5. The City as the lead agency.
6. The date on which the City approved the Project.
7. The applicant’s name.
8. The determination of the lead agency whether the Project, as approved, will have a significant effect on the environment.
9. A statement that the Environmental Impact Report was prepared and certified pursuant to the provisions of CEQA.
10. Whether mitigation measures were made a condition of approval and whether a mitigation monitoring program was adopted.
11. Whether findings were made pursuant to State Guidelines §15091.
12. Whether a statement of overriding considerations was adopted.
13. The address where a copy of the Final Environmental Impact Report and record of Project approval may be examined.
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15 14. If different from the applicant, the identity of the person undertaking the Project.
R. Time Frame for Certification. For Private Projects, the Final Environmental Impact Report shall be completed and certified by the City Council no later than one year from the date on which an application is accepted as complete by the City. The certification of the Final Environmental Impact Report may be extended by not more than ninety (90) days upon the consent of the Project applicant. Should the Project applicant unreasonably delay in providing information requested by the Staff, the time frame stated herein may be suspended for the length of the unreasonable delay.
SECTION 10 MITIGATION MONITORING AND REPORTING PROGRAM
A. Goals of Monitoring. The Mitigation Monitoring and Reporting Program shall provide the City with truthful information for the development and implementation of mitigation measures.
B. Projects Requiring Monitoring. A Mitigation Monitoring and Reporting Program is required for City approved projects, public and private, that include mitigation measures for changes in the Project required in order to mitigate or to avoid significant impacts on the environment. The Decision-Making Body shall, in the process of adopting a Mitigated Negative Declaration or Environmental Impact Report, adopt a Mitigation Monitoring and Reporting Program.
C. General Requirement. The Mitigation Monitoring and Reporting Program shall be specifically designed for each Project that falls under this requirement. The program shall be developed simultaneously with the Project.
D. Specific Requirements. The Mitigation Monitoring and Reporting Program shall contain:
1. A comprehensive listing of all mitigation measures contained in the Mitigated Negative Declaration or the Environmental Impact Report, which shall be clearly worded, detailed and specific.
2. The expected time frame for implementation of mitigation measures.
3. The frequency of monitoring, if required.
4. Individuals, departments or organizations assigned to do the monitoring and reporting.
5. Methods for verification, especially if complex issues are involved.
6. Penalties for non-compliance (withhold permits or certificates of occupancy).
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16 7. A written record for reporting purposes.
E. Enforcement. Failure to comply with the monitoring program’s requirements shall result in sanctions which may include but are not limited to, stop work orders, fines, restitutions, withholding of permit issuance and refusal to issue certificates of use and occupancy.
SECTION 11 APPEALS
A. Appeals. - Any decision by the Director or City Planning Commission on a Negative Declaration, or Mitigated Negative Declaration, may be appealed as set forth in Title 23 of the Placentia Municipal Code. All actions of the City Council shall be final.
SECTION 12 AMENDMENTS TO THESE PROCEDURES
These Procedures may be administratively amended by the City Attorney’s Office of the City of Placentia without any further approval by the City Council, so as to conform to any changes in CEQA and/or the State Guidelines.
APPENDICES
Appendix A – Ministerially Exempt Projects
Appendix B – Additional Categorical Exempt Projects
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17 APPENDIX A
MINISTERIALLY EXEMPT PROJECTS
IN THE CITY OF PLACENTIA
Pursuant to Sections 15022 and 15268 of the State Guidelines issuance/approval of the following permits in the City shall be conclusively presumed to be ministerially exempt from the requirements of the CEQA and thus preparation of an environmental document is not required. However, where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed discretionary and will be subject to the requirements of the CEQA.
Building and Related Permits:
1. Building and related permits, including driveways up to 300 feet (e.g., demolition, plumbing, electrical, solar panels, swimming pool).
2. Any permits for improvements to or rehabilitation of historic structures, as defined by the Secretary of Interior, are exempt only if the Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings are met.
3. Any permits for a single-family residence, accessory dwelling unit, accessory structures, wall/fences or similar uses under the Placentia Municipal Code.
Grading and Related Earth Disturbing Permits:
4. A grading permit that meets the following criteria:
(a) Is not located in an environmentally sensitive area; (b) Involves grading for construction of a single-family residence; and, (c) Does not result in a new driveway over 300 feet in length.
5. A stockpiling/grading permit up to four feet in height.
6. Structural Erosion Control measures and Best Management Plan (BMPs) processed in accordance with the requirements of the National Pollution Discharge Elimination System (NPDES) program and the Placentia Municipal Code.
7. Revegetation plans.
Planning Permits:
8. Zone clearance application.
9. Short term rentals.
10. Home occupation permit.
11. Sign permit (including directional, identification, temporary off-site and /or agricultural signs, and comprehensive sign plans).
12. Telecommunication facility minor modification application.
13. Time Extension
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18 Land Divisions:
14. Final subdivision maps.
15. A parcel map created pursuant to an Urban Lot Split.
16. Minor modifications and amendments to tentative tract and parcel maps.
17. Recorded map technical corrections.
18. Lot line adjustments involving four or fewer parcels, except when processed concurrently with a related application that is discretionary (e.g. variance, use permit).
19. Unconditional certificate of compliance.
20. Voluntary merger of parcels.
21. Record of survey map recording.
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19 APPENDIX B
ADDITIONAL CATEGORICALLY EXEMPT PROJECTS
IN THE CITY OF PLACENTIA
In addition to the exemptions contained in the State Guidelines, pursuant to Sections 15022(a)(1)(C) and 15300.4 of the State Guidelines the City has found that the following types of projects typically do not have a significant effect on the environment and therefore qualify for a categorical exemption under the class of categorical exemptions listed below:
Class 1: Existing Facilities [State Guidelines §15301]
1. Existing roads, streets, highways, bicycle and pedestrian paths, and appurtenant facilities. Repair, maintenance, reconstruction, replacement and minor expansion including, but not limited to:
(a) Reconstructing, resurfacing and/or seal coating of the pavement; (b) Paving existing unpaved shoulders;
(c) Widening the paved roadway by less than 10 feet or adding up to 4-foot- wide unpaved shoulders;
(d) Adding short auxiliary lanes when required for localized purposes such as weaving, turning, lane changing or accelerating or decelerating; (e) Adding non-motorized trails and walkways parallel to the existing roadway to separate such non-motorized uses from motorized traffic; (f) Installing landscaping within road rights-of-way that involves minimal earth disturbing activities;
(g) Working on clear-span bridge structures, reconstructing existing stream crossings and making minor operational improvements to drainage facilities, provided that the construction of temporary stream bypasses is not involved;
(h) Modifying to improve existing roadside safety features such as curbs, pikes, headwalls, slopes and ditches within the right of way, adding or replacing devices such as fencing, guardrails, safety barriers, guideposts, and markers, or installing, removing, or modifying regulatory, warning, or informational signs;
(i) Adding, removing and/or replacing distinctive roadway, runway, or taxiway markings such as painted stripes, raised pavement markers thermoplastic, tape or raised bars; OR
(j) Abandoning dead-end roads when provisions for ongoing, long-term maintenance have been made or the road right-of-way has been returned to a natural state from a hydrologic standpoint.
2. Existing telecommunication facilities: Modification and renewal of the permits thereof.
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20 3. Minor modifications to approved plans that do not require Planning Commission review.
4. Existing erosion control plans: Modification thereof when:
(a) The footprint of the area disturbed is not expanded; (b) The amount of sediment delivered from the site as calculated by a qualified professional is not increased; AND
(c) Groundwater use is not increased.
5. Tentative map revisions: Revisions to approved maps, including minor adjustments to access roads, that do not affect existing buildings.
6. Existing wells: Temporary cessation thereof or the lawful abandonment.
Class 3: New Construction or Conversion of Small Structures [State Guidelines §15303]
7. Construction and operation of small public/emergency service facilities, including public safety communication towers and power generators and buildings of less than 5,000 feet on less than 30% slopes involving less than 2,000 cubic yards of grading/excavation.
8. Wells: Installation and/or operation thereof pursuant to a groundwater permit when the amount of groundwater proposed to be used in total on the parcel is less than or equal to the amount of groundwater historically used (i.e., during the last 3 years).
Class 4: Minor Alterations to Land [State Guidelines §15304]
9. Park Facilities: Installation and operation of new or modification to existing park facilities that would disturb less than 5½ acres of land and have an average slope of 15% or less.
10. New access roads and driveways (longer than 300 feet and resulting in less than 2,000 cubic yards of grading) that would:
(a) Not disturb more than 2 acres of land;
(b) Not traverse slopes that are steeper than 29.9%; AND (c) Not discharge concentrated runoff within a stream setback area.
Class 5: Minor Alterations in Land Use Limitations [State Guidelines §15305]
11. Zone Changes and General Plan Amendments: Implementation of Zone Changes and General Plan Amendments that do not increase the maximum intensity of land use allowed.
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21 12. Parcel mergers: Implementation of parcel mergers pursuant to the Subdivision Map Act.
13. Temporary public road closures: Closures for authorized temporary uses and special events.
14. Variances to standards for projects that are allowed by right under zoning.
15. Lot line adjustments involving four or fewer parcels, except when processed with a concurrent discretionary action.
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