Chapter 14.03.020 — ADMINISTRATION AND GENERAL PROVISIONS (§ 14.03.020.010 – §…

This division is known as the Environmental Review Ordinance of the City of Vacaville.

The provisions of this division shall be administered by the Director of Community Development in accordance with the following guidelines and with the provisions of the California Public Resources Code and the California Environmental Quality Act Guidelines.

The California Environmental Quality Act (CEQA) and the CEQA Guidelines mandate an environmental regulatory process to ensure the orderly evaluation of projects, the preparation of environmental documentation, and the opportunity for the public to review and comment on projects. Public agencies are required to implement CEQA by adopting objectives, criteria, and specific procedures consistent with State environmental regulations. To this end, this division is established for the following purposes:

A.

To implement the environmental goals and policies of the General Plan of the City;

B.

To supplement the CEQA Guidelines by specifying environmental review procedures for the City in compliance with CEQA;

C.

To implement project review procedures to achieve and maintain a healthy, balanced social, economic, and natural environment;

D.

To conserve and enhance the resources of the Vacaville planning area, including its air and water quality, urban and agricultural lands, work and recreation areas, watercourses, watersheds, and wetlands, floodplains, hillsides, wildlife habitats, and other areas with scenic, physical features of intrinsic value to the community.

The CEQA Statutes and Guidelines are incorporated by reference into this division.

A.

Where this division establishes more restrictive objectives and procedures that are unique to Vacaville and are consistent with the CEQA Statutes and Guidelines, the more restrictive procedures shall apply. B.

Any revision to the CEQA Statutes or Guidelines shall automatically be incorporated by reference into this division provided that the revisions are not less restrictive than those required by the City.

The words used in this division in reference to environmental actions or policy, unless otherwise defined, shall have the meanings assigned to them in the CEQA Guidelines. Other general terminology shall have

the definitions assigned to them in Division 14.02, Definitions, of this Title. Defined below are the terms used most frequently throughout this division:

"CEQA"

means the California Environmental Quality Act.

"CEQA Guidelines"

means the most recently adopted guidelines for the implementation of the California Environmental Quality Act.

"Decision-maker"

means the person or body with the authority to approve a project. For the purposes of this division, decision-maker shall mean either the Director of Community Development, the Planning Commission, or the City Council.

"EIR"

means environmental impact report, which is a detailed report prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

"Lead Agency"

means the public agency which has the principal responsibility for carrying out or approving a project. The lead agency decides whether an EIR or negative declaration will be required for the project and will prepare or initiate preparation of the document. In almost all instances, the City is the lead agency for projects in the City of Vacaville, with the exception of projects carried out or approved by the county, state, or federal government, and the school districts.

"Project"

means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and includes any of the following:

a.

An activity directly undertaken by the City including, but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, adoption and amendment of zoning ordinances and general plans or elements thereof;

b.

An activity which is supported in whole or in part through City contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies;

c.

An activity involving the issuance of a City permit or other entitlement to a person or agency; d.

An activity which is being approved and which may be subject to several discretionary approvals by governmental agencies; project does not refer to the actual approval process or to each separate governmental approval.

"Reafrmation"

means the reuse of a previous environmental document when a project and its impacts are within the scope of the previous study. The reaffirmation of a previous environmental document removes the need to prepare a new environmental document. A review of the previous initial study, and the preparation of a new initial study, is required to demonstrate that the project impacts are similar and within the scope of the previous environmental document.

"Responsible Agency"

means a public agency other than the lead agency which has discretionary approval power over a project.

"Signifcant efect"

means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. This includes conditions affecting land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment.

"State Clearinghouse"

is a part of the Governor's Office of Planning and Research established to act as the single point of contact to receive and distribute environmental documents prepared in accordance with CEQA. The Clearinghouse coordinates the State level environmental review and comment process. EIRs and other environmental documents are submitted to the Clearinghouse which has the responsibility to distribute them to the appropriate State agencies for review and comment.

"Substantial evidence"

means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion. Whether a fair argument can be made is to be determined by examining the entire record. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by fact. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to physical impacts on the environment, is not substantial evidence.

"Trustee Agency"

means a State agency having jurisdiction by law over natural resources affected by a project, which are held in trust for the people of the State of California. Trustee agencies include, but are not limited to, the California Department of Fish and Game, the State Lands Commission, and the State Department of Parks and Recreation.

The applicant shall pay all applicable fees as set by resolution of the City Council to cover processing costs. In addition, the applicant shall pay all applicable fees pursuant to the environmental review process in accordance with the California Fish and Game Code, as summarized below:

A.

No project shall be operative, vested, or final until the applicable Department of Fish and Game fees are paid. The fee shall be payable at the time of the filing of the notice of determination. B.

No Department of Fish and Game fee is required where a project is found to have a "de minimis" effect, or no potential for adverse impact, on fish and wildlife resources. A certificate of fee exemption shall be filed

along with the notice of determination in accordance with the provisions of Section 14.03.023.070 (B). Any exemption or determination under the provisions of this Title may be appealed within 10 days of the project approval, exemption, or determination to the Planning Commission or the City Council. A.

The appeal shall be on a form prescribed by the Director and shall be accompanied by the applicable filing fee.

B.

The appeal shall state specifically where there was an error in exempting the project from CEQA review or where there was an error in determining the significance of environmental effects. The appeal shall be accompanied by evidence substantiating the claim of error.

C.

Any interested party may appeal an environmental determination that requires that an EIR be prepared. D.

Any interested party may appeal an environmental determination that a project is exempt from CEQA or that a negative declaration is required.