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RESOLUTION NO. 97-73
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
REVISING THE CITY CEQA GUIDELINES
WHEREAS, in 1973, the City Council adopted Resolution 73-41 establishing local
guidelines for implementing the California Environmental Quality Act (CEQA); and
WHEREAS, in 1974, the City Council adopted Resolution 74-37 revising the local
CEQA Guidelines to be consistent with the State CEQA Guidelines which had been
recently amended; and
WHEREAS, the City of Ukiah local CEQA Guidelines have not been revised since
1974, and numerous changes have occurred to the State CEQA Guidelines since that
time; and
WHEREAS, the California Environmental Quality Act (Public Resources Code
Section 21082) requires local CEQA Guidelines to be consistent with the State CEQA
Guidelines; and
WHEREAS, the City Council finds that it is appropriate and reasonable to amend
the local CEQA Guidelines to be consistent with the State Guidelines.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah
hereby revises the local CEQA Guidelines, attached as Exhibit "A" so that they are
consistent with the State of California Guidelines.
PASSED AND ADOPTED on May 7, 1997, by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
EXHIBIT "A"
To Resolution No. 97-73
CEQA GUIDELINES
CITY OF UKIAH, CALIFORNIA
Prepared by the
City of Ukiah Planning Department
May, 1997
CEQA GUIDELINES
City of Ukiah, California
Adopted on May 7, 1997
CITY COUNCIL
Sheridan Malone, Mayor
Jim Mastin, Vice Mayor
Kristy Kelly
Philip Ashiku
Guadalupe Chavez
PLANNING COMMISSION
Judy Pruden, Chairman
Eric Larson, Vice Chairman
Jennifer Pusher
Joe Chiles
Mike Correl
CITY ADMINISTRATION
Candace Horsley, City Manager
David Rapport, City Attorney
Robert Sawyer, Planning Director
Charley Stump, Senior Planner
CITY OF UKIAH
Adopted by Resolution No. 73 on May 7, 1997
II.
III.
IV.
PREFACE ....................................................... i
INTRODUCTION
A. Basic Purpose of CEQA .....................................
B. Purpose of City Guidelines ...................................
C. Lead Agency Authority ...................................... 1
OVERVIEW AND SUMMARY OF PROCEDURES
A. CEQA applicability ......................................... 2
B. Exemptions from CEQA ...................................... 2
C. Initial Studies, Negative Declarations, and EIR's .................. 2
D. Responsible Department: Planning ............................ 3
AUTHORITY PROVIDED BY CEQA
A. Mitigation ................................................ 3
B. Denial of Projects .......................................... 4
C. Approve Projects Despite Significant Effects ..................... 4
D. Providing Comments to a Lead Agency ......................... 4
E. Establishing Fees .......................................... 4
APPLICABILITY OF CEQA
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Government Action ......................................... 4
Time of Compliance ........................................ 4
Ministerial Projects ......................................... 5
Discretionary Projects ....................................... 5
E. Definition of Project ........................................ 5
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Compliance Responsibilities .................................. 5
Advisory Role of Departments ................................ 5
Lead, Responsible, and Trustee Agencies ....................... 6
ENVIRONMENTAL REVIEW PROCEDURES
A. Early Project Review and Consultation ..................... 6
B. Review for Project Completeness ......................... 6
C. CEQA Compliance and Exemptions ........................ 7
1. Not Defined as a Project ........................... 7
2. Statutory Exemption .............................. 7
3. Categorical Exemption ............................. 7
4. No Possible Impact Rule ........................... 7
D. Notice of Exemption ................................... 7
E. Initial Study .......................................... 7
1. Purpose ........................................ 7
2. Information Required -Submission of Data ............. 8
3. Environmental Analysis ............................ 8
4. Determining Significant Effect ....................... 8
5. Mandatory Findings ............................... 9
6. Time Limits ..................................... 9
F. Negative Declarations ................................. 10
1. When to Prepare Negative Declarations ............... 10
2. Composing Mitigation Measures .................... 10
3. Contents of Negative Declarations ................... 11
4. Public Notice ................................... 11
5. Time Limits .................................... 11
6. Action on Negative Declarations .................... 11
7. Notice of Determination ........................... 11
G. Environmental Impact Reports ........................... 12
1. Decision to Prepare an EIR ........................ 12
2. Appeal of Determination .......................... 12
3. Communication with Project Applicant ............... 12
4. Funding the Preparation of EIR's .................... 12
5. Notice of Preparation (NOP) ........................ 12
6. Types of EIR's .................................. 13
7. Contents of EIR's ................................ 13
8. Request for Proposals to Prepare an EIR .............. 14
9. Selecting a Consultant ............................ 14
a. Single-Source procurement ................... 14
b. Prequalified consultants ..................... 15
c. Selection through the RFQ Process ............. 15
d. Selection through RFQ and RFP process ......... 16
10. Preparation and Execution of Contract ............... 16
11. Administrative Draft EIR (ADEIR) .................... 17
12. Draft EIR and Notice of Completion .................. 17
H. Public Review of Draft EIR .............................. 18
I. Preparation and Contents of Final EIR ..................... 19
J. Certifying the Final EIR ................................ 19
K. Time Limits ......................................... 20
L. Preparing and Adopting Findings ........................ 21
M. Taking an Action on the Project ......................... 21
N. Statement/Findings of Overriding Consideration ............. 21
O. Filing the Notice of Determination ........................ 21
P. Mitigation Monitoring .................................. 22
1. City responsibility ............................. 22
2. Project applicant responsibility ................... 23
3. Mitigation compliance plan ...................... 23
VI. APPENDICES
Appendix A: Graphics of Environmental Review Process
Appendix B: Resolution No. ~, Establishing Revised CEQA Guidelines
NOTE: The City's CEQA forms (Notice of Exemption, Notice of Determination, Notice of Completion,
State Clearinghouse Transmittal form, Notice of Preparation, Negative Declaration, etc.) are
maintained by the City Planning Department.
The California Environmental Quality Act was enacted in 1970 as a system of checks and
balances for land-use development and management decisions in California. Its primary
purposes are to maintain a quality environment for the citizens in California now and in the
future, and to assure public disclosure and participation in the required environmental analysis
of public and private land development projects.
The City of Ukiah guidelines for implementing the California Environmental Quality Act are
intended to provide the same checks and balances, and to maintain the high quality of the
environmental setting in the City. In addition, the Guidelines have been prepared with the intent
of being easily understood and interpreted by the general public. The City of Ukiah recognizes
and supports the State legislative intent to ensure public access and participation in the
environmental review process for land development projects. Citizen involvement in local
government activities should be a virtue and an obligation.
I. INTRODUCTION
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BASIC PURPOSES OF CEQA (CEQA Guidelines [CG] 15002)
The basic purposes of CEQA are to: 1) inform governmental decision-makers
and the public about the environmental effects of proposed land development
activities; 2) involve the public in the decision-making process; 3) identify ways
that impacts to the environment can be avoided or significantly reduced; and 4)
prevent environmental impacts by requiring modifications in the project through
the use of mitigation measures or alternative designs.
PURPOSE OF THE CITY GUIDELINES
Ukiah's Guidelines
for environmental
review establish
detailed and
comprehensive
procedures for
complying with the
California
Environmental
QualityAct (CEQ^).
Their primary
purpose is to protect the local and surrounding natural environment. Protection
and enhancement of the ecological setting of the area promotes a high quality of
life, provides a foundation for economic development, and retains the unique
aesthetic values of the community.
These Guidelines do not replace the State requirements under CEQA, rather they
are intended to conform with and supplement State procedures by providing local
process for the City. The City must follow these procedures in addition to the
State requirements for implementing CEQA. CEQA and the State CEQA
Guidelines, as amended, are incorporated by reference into these City
procedures.
The Guidelines set forth criteria for determining if CEQA applies to a given
project, and establishes a method for conducting environmental review of projects
that are not "exempt." The intent is to meld State laws and court decisions to a
succinct guide for use by City staff, residents, project applicants, City decision
makers, and interested organizations.
LEAD AGENCY AUTHORITY
For development projects located within the municipal limits, the City of Ukiah is
recognized as the lead agency responsible for coordinating CEQ^ review. With
regard to the local implementing procedures, the City, when acting as lead
agency, has approval authority for the following functions:
1. Making findings in support of issuance of a Negative Declaration.
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Making findings as required by
Sections 15091, 15092, and 15093 of
the State Guidelines for Environmental
Impact Reports.
Review and consideration of the
Negative Declaration or the Final
Environmental Impact Report prior to
approving a project.
II. OVERVIEW AND SUMMARY OF PROCEDURES
A. CEQA APPLICABILITY
Once a development proposal is submitted, it is reviewed to determine if it is
considered a CEQA "project" and is therefore subject to further review. CEQA
defines a "project" as any discretionary action that may cause a physical change
to the environment. However, even though it may be defined as a "project", it
may still be exempt from environmental review.
B. EXEMPTIONS FROM CEQA
Basically, there are two types of exemptions from the environmental review
process - categorical and statutory. Categorical exemptions apply to certain
classes of projects that have been determined by the State Secretary of
Resources to not have a significant adverse effect on the environment. These
project can include landscaping, signs, small residential and commercial
structures, minor lot line adjustments, and the replacement/reconstruction of
buildings, and other minor types of projects (see Appendix C).
C. INITIAL STUDIES, NEGATIVE DECLARATIONS, AND EIR'S
If it is determined that a development proposal qualifies as a "project" according
to CEQA, the City will prepare an Initial Study. This work effort determines
whether or not a Negative Declaration or EIR is needed for the project.
Information for the preparation of the Initial Study is gather by staff from a variety
of sources. If the Initial Study identifies significant adverse impacts, staff, in
consultation with the applicant and responsible agencies and organizations will
prepare mitigation measures, and incorporate them into the project. If no
significant adverse impacts are identified, or if the project is revised to include
reasonable and appropriate mitigated measures, the conclusion of the Initial Study
is that there is no significant impacts and a Negative Declaration is appropriate.
III.
If a significant adverse environmental impact is identified that cannot be
successfully mitigated, the Initial Study shall conclude that the project will have
significant effects on the environment and that an EIR is required.
D. RESPONSIBLE DEPARTMENT: PLANNING
The Planning Department
shall be the lead
department for
administering and
implemented these C£QA
Guidelines. The functions
and duties of the Planning
Department related to environmental review and CEQA compliance shall include,
but not be limited to the following:
1. Determining whether a submitted proposal is defined as a "project."
2. Determining whether a project is exempt from CEQA.
3. Conducting the Initial Study.
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Preparation and circulation of a Negative Declaration or Environmental
Impact Report.
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Select and retain consultants for the purposes of preparing Environmental
Impact Reports.
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Recommendation concerning the adequacy of an Environmental Impact
Report.
7. Filing of notices as required by CEQA.
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Review and recommendation of environmental documents prepared by a
lead agency where the City of Ukiah is a responsible and/or interested
agency.
AUTHORITY
The City applies CEQA during the development review process to mitigate or avoid
significant effects on the environment. CEQA provides the City authority for:
A. MITIGATION (C.G. 15041 NOTE: C.G. refers to the applicable State CEQA Guidelines Section):
The City may require redesign or changes in the project to lessen or avoid
significant adverse effects on the environment.
IV.
B. DENIAL OF PROJECTS (C.G. 15042):
The City may deny projects if necessary to avoid significant effects on the
environment that would occur if the project were approved and carried out.
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APPROVAL OF PROJECTS DESPITE SIGNIFICANT EFFECTS
(C.G. 15043):
The City may approve a project, even though it may cause a significant adverse
effect on the environment, if the City makes a fully informed and publicly disclosed
decision that there is no feasible way to lessen or avoid the effect. In doing so,
the City shall identify expected benefits from the project that outweigh the adverse
impacts or the costs of mitigating the impacts of the project (findings/statement
of overriding considerations).
D. PROVIDING COMMENTS TO A LEAD AGENCY (C.G. 15044):
The City, as a responsible agency, may submit comments to a lead agency
concerning environmental effects. The City shall be proactive as a responsible
agency, and shall provides comments on environmental documents prepared and
circulated be lead agencies.
E. ESTABLISHING FEES (C.G. 15045):
The City, as a lead agency, may charge and collect reasonable fees in order to
recover the estimated costs of preparing environmental documents. These costs
are subject to periodic review and adjustment.
APPLICABILITY OF CEQA
A. GOVERNMENT ACTION
The provisions of CEQA apply to "discretionary" government action. This most
commonly involves private activities that require approval by the local
Government, but also applies to projects undertaken by the City itself.
B. TIME OF COMPLIANCE
The City shall comply with the CEQA procedures in these guidelines whenever
the City proposes to carry out or approve a development activity. CEQA
compliance occurs prior to granting an approval of private projects or
authorization of public projects. The required environmental documentation
should occur early enough in the process to allow environmental considerations
to dictate project program and design, yet late enough to allow the gathering of
adequate information for proper environmental assessment.
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MINISTERIAL PROJECTS:
"Ministerial" describes a government decision involving little or no personal
judgement by City officials as to the manner of carrying out a project. These
projects are not subject to the requirements of CEQA.
DISCRETIONARY PROJECT:
The requirements of CEQA apply in situations where the City uses its judgement
in deciding how, and if, a project is approved. These projects are called
"discretionary", because the City has the discretion or latitude to say yes or no.
A discretionary decision requires the exercise of judgement in deciding whether
to approve or disapprove a particular activity. Discretionary projects may include
rezonings, conditional use permits, General Plan amendments, variances, and site
development permits.
DEFINITION OF PROJECT:
CEQA defines a project as the whole of an action, that might result in a physical
change to the environment, directly or ultimately, and is:
An activity directly undertaken by the City including, but not limited to,
public works projects, clearing or grading of land, improvements to existing
public buildings, enactment or significant amendment of zoning
ordinances, and adoption or amendment of the General Plan:
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An activity undertaken by a person which is supported in whole or in part
through City contracts, grants, subsidies, loans, or other forms of
assistance; or
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An activity involving the discretionary issuance to a person of a lease,
permit, license, certificate, or other entitlement granted by one or more
public agencies.
COMPLIANCE RESPONSIBILITIES:
The Director of Planning shall ensure that these guidelines are followed for private
projects, as well as public projects initiated by the City. These guidelines apply
to all agencies/departments of the City.
G. ADVISORY ROLES OF CITY
DEPARTMENTS:
The Director of Planning, or his designee,
may provide guidance, direction, advice and
consultation to other City departments at
their request with respect to CEQA matters.
The Director of Planning shall coordinate CEQA matters between departments, and shall
maintain an ongoing dialogue between department heads to ensure public project compliance
with the provisions of CEQA.
H. LEAD, RESPONSIBLE AND TRUSTEE AGENCIES:
CEQA defines a "lead agency" as a public agency that has the principal
responsibility for carrying out or approving a project (CG 15051).
A "responsible agency" is defined as any public agency, other than the lead
agency, that has discretionary approval power over the project. For example,
street improvements for a particular project may require Caltrans review and
approval, in which case, Caltrans would be a responsible agency.
A "trustee agency" is a State agency that controls national resources held in trust
for the people of California, and which may be affected by a proposed
development project. For example, the California Department of Fish and Game
is a trustee agency with regard to the State fish and wildlife resources.
V. ENVIRONMENTAL REVIEW PROCEDURES
A. EARLY PROJECT REVIEW AND CONSULTATION:
All public or private projects that require authorization or entitlement from the City
are subject to CEQA review. Every effort should be made to conduct
environmental review according to these Guidelines as early in the project design
and/or entitlement process as possible. This will provide time to address
environmental issues, and will result in cost savings to agencies and project
applicants.
B. REVIEW FOR COMPLETENESS
The City shall determine whether a proposed project is "complete" for processing
within thirty (30) days of its submittal for review (CG 15060). When reviewing the
application for "completeness", the City will be alert for environmental issues that
might require the preparation of an Environmental Impact report or that might
require additional explanation by the applicant. In order for the application to be
deemed "complete", a comprehensive description of the whole and/or ultimate
project proposal must be submitted by the applicant. All phases of project
planning, implementation and operation must be included in the project
description.
C. CEQA COMPLIANCE AND EXEMPTIONS:
All development proposals or activities must be reviewed to determine if one of
the following exemptions is appropriate:
Not a Project Under CEQA: If a proposed activity is not a project, as
defined in these Guidelines, it is exempt from CEQA review.
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Statutory Exemption: Certain activities have been exempted from CEQA
by the State legislature. These exemptions include feasibility or planning
studies, ministerial projects, and emergency actions.
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Categorical Exemptions. Certain classes or "types" of projects have
been determined by the State Secretary of Resources to have an
insignificant effect on the environment, and are know as categorical
exemptions. Currently, the State's CEQA Guidelines recognize 29 classes
of categorical exempt projects, which the City routinely uses.
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No Possible Impact Rule (CG 15061): CEQA applies only to projects
which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no
possibility that the activity or "project" in question may have a significant
effect on the environment, the activity is not subject to CEQA.
However, even though a project may appear to qualify as a statutory or
categorical exemption, it could potentially have an adverse impact upon
the environment. In this case, the project should not be exempted, and
the City should prepare an Initial Study.
D. NOTICE OF EXEMPTION (CG 15062):
If the City concludes that a project is exempt from the requirements of CEQA, a
Notice of Exemption may be filed with the County Clerk. The notice shall include
a project description, the location, and a statement (finding) as to why the project
is exempt including its exemption class (type). The filing of the Notice of
Exemption initiates a 35-day statute of limitations period in which legal challenges
to the City's determination can be made. If the City fails to file the notice, then
the statute of limitations period is 180 days.
E. INITIAL STUDIES
Purposes of an Initial Study: An Initial Study is a preliminary analysis
of the potential environmental impacts resulting from a development
project. It is intended to aid the lead agency in determining whether or not
to prepare an EIR or Negative Declaration. It also enables a project
proponent to modify the design or program of a project, mitigating
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potential impacts and qualifying the proposal for a Negative Declaration.
In addition it serves the following purposes:
a, Focuses the scope of an EIR.
b, Identifies environmental impacts early in the project review
process.
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Provides a factual basis for finding that a Negative Declaration is
appropriate for a given project.
Information Required - Submission of Data: The submittal of the
environmental information form provides planning staff with the basic
information to prepare the Initial Study. However, additional information
may be gathered in order to accurately analyze a project. If certain
information is not readily available to staff, the project proponent may be
asked to furnish the data. If the project proponent does not submit the
requested information within a reasonable time, the time period for
preparing the Initial Study leading to either a Negative Declaration or EIR
shall be suspended (CG 15109).
Environmental Analysis: In almost all cases, the Initial Study is
prepared by City Planning Department staff. It is conceivable that a
consultant could be hired to prepare a detailed Initial Study for a major
project. The document includes a project description, a characterization
of the environmental setting, environmental checklist, discussion and
analyses of impacts, recommended mitigation measures, and a mitigation
monitoring program. The discussion of impacts should explain both yes
and no responses to each category of questions on the checklist. Large
complex projects may require special studies in order to complete the
Initial Study document.
All phases of project planning, implementation, and operation must be
considered in the Initial Study. Planning staff must consult with other City
departments such as engineering, tire, utilities, etc. In addition, it may be
necessary to consult with outside public entities that may be a responsible
or trustee agency for the project, and any individuals or organizations
otherwise concerned.
Determining Significant Effect: CEQA defines a significant effect on the
environment as a "substantial, or potentially substantial, adverse change
in the environment." It is a substantial change in the physical conditions
of a project site and surrounding area. Existing conditions include existing
development, plus any projects that are approved but not yet constructed.
If there is clear factual evidence in the record that a project will have a
significant adverse effect on the environment, and the impact can not be
mitigated or avoided, an EIR must be prepared.
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There is not an absolute definition of what constitutes significant effect
because the significance of an activity can vary dramatically with location.
However, the environmental analysis must consider the following:
a=
Primary or direct impacts such as the construction related impacts
of dust and noise.
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Secondary or indirect impacts such as those associated with
growth resulting from sewer line extensions or collector road
improvements.
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Cumulative impacts such as those resulting from total effect of a
group of proposed projects over time.
Significance shall be judged by the intensity and duration of change, the
size of the area affected, and alterations from existing conditions.
Mandatory Findings of Significance (C.G. 15065): According to CEQA,
the City must prepare an EIR if any of the following conditions occur:
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The project has the potential to substantially degrade the quality of
the environment, substantially reduce wildlife habitat, cause a fish
or wildlife population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal, or
eliminate important examples of California history;
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The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term goals;
The project has environmental effects that are individually limited,
but cumulatively considerable. This means that the incremental
effects of a project are significant when considering past projects,
approved projects, and probable future projects.
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The environmental effects will have substantial adverse impacts on
human beings, either directly or indirectly. For purposes of CEQA,
economic and social effects are not considered environmental
impacts, but may be used to help determine the significance of
physical changes.
Time Limits: For projects initiated by the private sector, the City will
prepare an Initial Study within 30 days of deeming the application
complete. However, City staff shall endeavor to complete the required
Initial Study within 14 days to promote timely processing of applications.
For public initiated projects, these timelines do not apply. Pursuant to
Section E(1) above, the Initial Study will determine if staff recommends
adopting a Negative Declaration or if the proposed project requires the
preparation of an EIR.
F. NEGATIVE DECLARATIONS
When to Prepare Negative Declarations (C.G. 15070): A Negative
Declaration shall be prepared for non-exempt projects if:
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the Initial Study concludes that there is no substantial evidence of
the project having a significant effect on the environment; or
b. the Initial Study identified potentially significant effect but
prior to completion of the Initial Study, the project is revised
to avoid or mitigate the effects to a point where no
significant effects would occur; and
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there is no substantial evidence that the project, as revised,
may have a significant effect on the environment.
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Composing Mitigation Measures (C.G. 15370): If there is a potential
for significant impacts, every effort shall be made to identify and
incorporate mitigation measures into the project design prior to completion
of the Initial Study. If identified impacts can be mitigated to a non-
significant level, the time and expense associated with preparation of an
EIR can be avoided. Every known impact must be reduced in this fashion,
or an EIR is required. Creativity, reasonableness, and practicality should
be used in developing mitigation measures for identified impacts.
Pursuant to CEQA, mitigation includes:
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Avoiding the impact altogether by not taking a certain action, or
parts of an action;
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Minimizing impacts by limiting the degree or magnitude of the
action and its implementation;
c. Repairing, rehabilitating, or restoring an impacted environment;
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Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
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Compensating for the impact by replacing or providing substitute
resources or environments.
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Contents of a Negative Declaration (C.G. 15071): A Negative
Declaration consists of a location map, the completed Negative
Declaration form, a summary of conclusions reached in the Initial Study,
and a finding that the project will not have a significant impact.
Public Notice (C.G. 15072): The City shall notify the public of its
intention to adopt a Negative Declaration, and provide opportunities to
review it and any related documents. The notice shall be posted in the
County Clerk's office 21 days prior to approving the project.
Additional public notice shall be made at least 21 days prior to acting on
the project. These notices shall be sent to all adjacent property owners,
any agency or individual that requested a notice, and by at least one other
means. These include, but are not limited to, publication in a local
newspaper, posting on and off the project site, and direct mailing to
property owners within 300 feet of the project site.
If a Negative Declaration is to be reviewed by a responsible or trustee
agency, a Notice of Completion and 10 copies of the Initial Study and
Negative Declaration must be sent to the State Clearinghouse for a thirty
(30) day review period.
Time Limits: The Negative Declaration must be completed and ready for
approval within 105 days from the date that an application for a private
project is deemed complete. Approval of the Negative Declaration by a
hearing body may occur at a later date. Any unreasonable delays
resulting from failure of the applicant to provide information requested by
the City and necessary to complete the Negative Declaration shall
suspend these time limits.
Action on Negative Declarations: Prior to project approval, the hearing
body shall consider the Negative Declaration and all comments received
during the review period. The Negative Declaration shall be adopted if it
is found that on the basis of the Initial Study, and comments received, no
substantial evidence exists that there will be a significant adverse impact
on the environment.
Notice of Determination (C.G. 15075): Subsequent to the approval of a
project for which a Negative Declaration has been prepared and approved,
the City shall file a Notice of Determination with the City Clerk. This notice
shall be filed and posted within five (5) working days following project
approval. If the project requires a discretionary approval from any State
agency, the notice shall also be filed with the State Office of Planning and
Research. The filing and posting of the Notice of Determination starts a
30-day statute of limitations on court challenges to CEQA approvals.
Failing to file the Notice of Determination within the required time period
extends the statute of limitations to 180 days.
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G. ENVIRONMENTAL IMPACT REPORTS (EIRs)
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Decision to Prepare an EIR: If the Initial Study determines that a project
may have a significant effect on the environment, which cannot be off-set
by changing the project or adding mitigation measures, the City must
initiate the preparation of an Environmental Impact report (EIR). The
Planning Director will determine whether or not an EIR is required within
thirty (30) days of deeming the project application complete.
If the City can determine that an EIR will be clearly required for a project,
the City may skip further initial review of the project and begin work
directly on the EIR process. In the absence of an Initial Study, the City
shall focus the EIR on the significant effects of the project and indicate
briefly its reasons for determining that other effects would not be
significant or potentially significant.
Communication with Project Applicant: Prior to making the decision
to require the preparation of an EIR, the Planning Director or designee
shall contact the project applicant and discuss the findings contained in
the Initial Study. The applicant shall be given an opportunity to withdraw,
redesign, and resubmit the project in an attempt to address identified
environmental concerns and qualify the proposal for a Negative
Declaration.
Funding the Preparation of EIR's: The City shall notify the project
applicant by letter that an EIR is required. The applicant must then
authorize City staff to continue processing the application and begin the
EIR preparation process. After the City selects the consultant to prepare
the EIR, and prior to contract execution, the applicant shall deposit the full
cost of the report plus an administrative fee equal to fifteen (15) percent
of the cost to the City. The City shall manage the consulting team and
direct the effort to prepare the EIR. Communication between the project
applicant and consultant team shall be subject to approval by the City.
Notice of Preparation (NOP): After determining that an EIR is required
and receiving payment of fees from the applicant, the City shall prepare
and distribute a Notice of Preparation of an EIR. The purpose of this
notice is to inform responsible agencies, neighboring jurisdictions, area
residents, and public interest groups that an EIR is being prepared; and,
seek guidance about significant environmental issues and possible
mitigation measures.
The Notice of Preparation shall be sent to adjacent property owners,
individuals or organizations who have previously requested such
notification, and to any affected local, regional, or federal agency. If any
State agency is affected, the Notice shall be sent to the Office of Planning
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and Research for distribution. The response period for the Notice of
Preparation is a minimum of thirty (30) days, but may be extended for
complex or controversial projects.
Types of EIR's (C.G. 15'160): To promote efficiency, CEQA allows for
the preparation of different types of EIR's. The most common type or EIR
is a project EIR which evaluates the environmental impacts of a specific
development proposal. This type of EIR focuses on changes to the
environment that would result from the project, examining all phases of the
project including planning, phasing, construction, and operation.
A subsequent EIR (C.G. 15162) may be appropriate if an EIR has already
been prepared but there have been changes in the project, changes in the
circumstances affecting the project (such as environmental degradation),
or new information of significant importance has been discovered that was
not previously analyzed. If the changes are minor, with respect to either
project characteristics of the environmental circumstances, a Supplemental
EIR, or Addendum to an EIR may be appropriate (C.G. 15163 & 15164).
A Program EIR is an EIR which may be prepared on a series of actions
that can be characterized as one large project are related in one of the
ways articulated in Section 15168 of the CEQA Guidelines. Subsequent
activities in the program must be examined in light of the program EIR to
determine whether an additional environmental document must be
prepared.
Other types of EIR's include program EIR's for multiple or phased projects,
General Plan EIR's, staged EIR's, Master Environmental Assessments,
and Joint Environmental Impact Report/Environmental Impact Statements.
Content of EIR's (C.G.
15'120): The required
contents of EIR's, as
set forth in Article 9 of
the State CEQA
Guidelines, are hereby
incorporated by
reference. Staff shall
refer to the State
CEQA Guidelines to
assure that the content requirements are satisfied.
Request for Proposals to Prepare an EIR: Professional consultants are
often hired by the City to prepare complex environmental documents
because the City staff simply do not have the time accomplish the task.
In addition, the permanent staff may not have the technical expertise in
such disciplines as biology, air quality, and geology to provide an
acceptable and legally adequate analysis. Hiring a professional consulting
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firm that has diverse experience in CEQA related matters can provide the
City with both a professional and objective environmental document.
Generally, it is advisable to defer consultant selection until the review
period for the Notice of Preparation has expired. This assures that all
comments from responsible and trustee agencies is included in the scope
of work.
Pursuant to AB 314, passed in 1994, the City shall contract with a
consultant to prepare an EIR within 45 days from determining that an EIR
is required for a project.
Selecting a Consultant: The first step in selecting a consultant is to
decide which selection procedure is appropriate for the particular project.
The decision depends on the complexity of the project and the amount of
time available for the selection process. In all cases, the final decision
concerning the selection of a consultant is made by the City Manager and
Planning Director. The following four general procedures may apply:
am
Single-Source Procurement: This procedure involves the City
contacting only one consultant for a particular project or retaining
the same consultant on an on-going basis. One distinct advantage
of this approach is that it allows the City to develop and maintain
a long-term relationship with a consultant who is familiar with the
environmental setting and dynamics of the community.
Single-source procurement may be used when a previously used
consultant with solid service to the City is available. It is also
accepted to use this procedure when a highly specialized
consultant is needed, there is not adequate time to set up a formal
search procedure, or a significant cost savings can be achieved by
using a consultant who is already familiar with a particular project,
the community, City staff, and their procedures.
VVhen single-source procurement is used, the City should
document its reasons for doing so, to avoid any discriminatory
practice claims by other consultants.
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Selection From a List of Prequalified Candidates: This method
of consultant selection involves reviewing a list of firms whose
qualifications are known to the City. A short list of these firms is
developed, and the principals are contacted to ascertain their
interest and availability. Interested firms are asked to submit a
preliminary proposal describing how they would approach the
project. The preliminary proposals are presented by the firms in
an interview with key City staff. A selection is made based on a
number of factors, including, but not limited to experience,
availability, competence, creativity, familiarity with the community,
and the ability to work effectively with people. The selected firm
is then asked to submit a detailed work program, list of team
members, cost estimate, etc. A contract is then either executed
with the selected firm, or if the detailed proposal is unacceptable
and negotiations are unsuccessful, the next candidate firm is
invited to submit a detailed proposal.
Selection Based Upon Responses to a Request for
Qualifications: For some projects, it may be appropriate for the
City to broaden its list of candidates by soliciting responses to a
Request for Qualifications (RFQ). This procedure involves
publicizing the desire to hire a consultant for a specified project
and the availability of an RFQ for interested consultants. The RFQ
briefly describes the project, desired outcomes, and minimum
qualifications.
Responses to the RFQ are then ranked on the basis of information
submitted. Previous experience with relevant projects is
particularly important.
The City then investigates the references of the top three or more
firms. The record of each firm in meeting deadlines, solving
problems with creativity, using sound planning processes, and
producing quality final reports are particularly important.
The next steps in this procedure follow the same sequence of the
steps in prequalified consultant procedure above beginning with
submittal of a detail proposal from the top ranking firm. The RFQ
procedure is particularly useful when the City is not confident that
its list of prequalified consultants is appropriate for the project.
Selection based on a two-step process that includes a
Request for Qualifications followed by a Request for
Proposals: The procedure is most useful for projects with large
budgets. The RFQ for this procedure is basically the same as the
first three steps of the RFQ procedure outlined in Section "C"
above. The primary difference between the two procedures is that
once three to five firms are identified via the RFQ process, they
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10.
are not called in for informal interviews, but are sent a formal
Request for Proposals (RFP). The RFP is sent only to the
consultants selected through the RFQ process.
RFP's usually contain a proposed scope of work, resumes of all
professional staff involved with the project, a list of relevant
experience, a schedule for report preparation, an indication of who
will attend which meetings and public hearings, a breakdown of all
costs for report preparation, an indication of the number and type
of graphics to be provided, and a statement of information needed
by the consultant prior to initiation of report preparation, including
any maps, reports, files or surveys.
Following distribution of an RFP to three to five consulting firms,
the City may hold a presubmittal conference to assure that all
responding consulting firms have a comprehensive understanding
of the project.
A selection team then evaluates each proposal on the basis of
established criteria. These criteria may include those described in
Section "B" above. The top two or three firms are then invited to
a formal interview where staff looks for evidence of enthusiasm,
strong "chemistry" between the firm members and staff, insight,
and public presence.
Preparation and Execution of Contract: To facilitate and expedite the
contracting process, a standard contract form has been developed for
consultant services. These forms contain standard terms and conditions
that apply to the majority of contracting situations. Copies of the standard
contract are available at the City Planning Department.
The standard contract form used for a particular project often requires
some modification. Should this be the case, the contract must be
reviewed and approved by the City Manager and City Attorney before it is
finalized. It is the responsibility of each department to draft and administer
its contracts.
Upon approval of the contract by the City Council and/or the City Manager,
the City will enter into the agreement only after all necessary insurance
policies and other contract attachments have been received by the City.
The City Attorney's office is responsible for ensuring that all required
attachments are included prior to approving the contract as to form.
No contact between the project applicant and the consultant shall occur
during the consultant selection process o__r.r during the preparation of the
EIR without the consent of the City. Unauthorized contact may result in
City rejection of a proposal and/or cancellation of the contract if awarded.
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11.
Administrative Draft Environmental Impact Report (ADEIR): Upon
completion of an Administrative Draft Environmental Impact Report
(ADEIR) by the consultant, the City Planning Director shall distribute the
ADEIR to appropriate City departments for review and comment. The
review period should be approximately ten (10) working days. At the
discretion of the Planning Director, the ADEIR may be distributed for
review and comment by other responsible agencies. Review of the ADEIR
by the project sponsor, if deemed appropriate by the Planning Director,
shall be limited to review for factual accuracy of the project description,
environmental settings or technical studies provided by the project sponsor
for peer review. Comments from the project sponsor related to the
disposition of impacts, mitigation measures or alternatives shall not be
accepted.
The ADEIR is considered a non-public
document, and therefore is not available for
public review and comment.
The Planning Director shall be responsible for
providing the consultant with a master copy of
proposed revisions to the ADEIR. If the
Planning Director determines that the document is not adequate, a list of
the specific nature of deficiencies in the document shall be sent to the
consultant.
12.
Draft Environmental Impact Report - Notice of Completion: Upon
completion of a Draft Environmental Impact Report by any City
department, the Planning Director, in consultation with the lead City
department, shall determine the adequacy of the Draft for public review.
If it is found to be adequate, the Planning Director shall file a Notice of
Completion with the County Clerk and State Office of Planning and
Research in accordance with State CEQA Guidelines Section 15085. A
copy of the Notice of Completion shall also be posted on a bulletin board
in the City Civic Center.
Notice to Mendocino County and State responsible agencies shall be by
certified mail or other method which provides a record of receipt. A Notice
of Completion of the Draft EIR shall be published in a newspaper of
general circulation at the same time that it is sent to the State
Clearinghouse. The notice should also be sent to property owners within
300 feet of the project site property, and any other individuals or
organizations that have previously requested such notice.
H. PUBLIC REVlEWOF EIR
Agency Review: After the Draft EIR is completed and approved for
distribution, the lead City department, in consultation with the Planning
Director, shall distribute copies of the document for review in order to
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obtain comments from all responsible departments and agencies, any
trustee agency responsible for natural resources affected the project,
public agencies having jurisdiction by law with respect to the project,
Mendocino County, and any nearby City affected by the project. Copies
may also be distributed to any other person having special expertise with
respect to any environmental impact involved.
.
Planning Director,
acting as coordinator
for City CEQA matters,
shall provide at least a
thirty (30) calendar day
public review period for a draft EIR. If a State agency is a responsible or
trustee agency, the public review period shall be no less than forty five
(45) calendar days unless a shorter period is approved by the State
Clearinghouse.
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Notice of Public Review Period: The Planning Director, acting as
coordinator for City CEQA matters, shall publish notice of public review for
a draft EIR upon filing the notice of completion of the State Clearinghouse.
Direct notice shall be provided to all organizations or individuals who have
requested such notice. Notice shall be given through publication at least
once in a newspaper of general circulation in the City. Notice of the
formal public review period may also be given by posting the site or direct
mailing as provided in Section 15087 of the State CEQA Guidelines.
w
Distribution of Copies of Draft EIR: The Planning Director shall provide
copies of the draft EIR to all known responsible and trustee agencies for
review and comment. If a State agency is a responsible or trustee
agency, the City shall provide ten (10) copies of the draft EIR to the State
Clearinghouse for distribution. A reasonable number of copies shall be
made available at the City Civic Center and local public library for public
review.
,,
Comments Concerning the Draft EIR: Comments received as a part of
the public review should be in writing and should focus on environmental
issues related to the project. Commenting responsible and trustee
agencies shall make comments related to areas which are within the
agency's field of expertise and statutory authority.
=
Public Hearings on the Draft EIR: The City May conduct a public
hearing for purposes of receiving public comments on the adequacy of the
Draft EIR. However, the Planning Director may decide not to have a
public hearing on the Draft EIR, and determine that a public hearing for
the purpose of certifying the EIR and taking an action on the project is a
18
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reasonable and appropriate process. In the event that the Planning
Director makes the decision not to hold a public hearing on the draft EIR,
it shall be stated in the notice advertising the public review period.
.
Evaluation and Response to Comments: All comments received on the
Draft EIR shall be expeditiously forwarded to the consultant preparing the
Final EIR for an appropriate response pursuant to Section 15088 of the
State CEQA Guidelines.
PREPARATION AND CONTENTS OF FINAL EIR
The Final EIR shall be prepared after the formal public period has ended and all
comments have been received form the public and reviewing agencies. It shall
include all responses to comments received during the public review period of the
Draft EIR and all additional information as specified in Sections 15088, 15089 and
15132 of the State CEQA Guidelines. The Planning Director may direct the
consultant to respond to late comments if enough time is available. A mitigation
monitoring program, revised as necessary by the Final EIR response to
comments, shall be included in the Final EIR Appendix.
CERTIFICATION OF AN EIR
Certification Review: Notice of the availability of and review period for
the Final EIR and the scheduled action by the recommending or certifying
body to certify the Final EIR shall be provided to all those who commented
on the Draft EIR and/or who request a copy of the Final EIR. Notice shall
also be given in a newspaper of general circulation and may be combined
with any notice on action on the merits of the project for approval. The
Planning Director shall also distribute the completed Final EIR to all those
who have commented on the Draft EIR and/or who request a copy of the
Final EIR.
A minimum ten (10) day review period shall be provided for review of the
Final EIR prior to any action to certify it. The review of a Final EIR shall
exclusively focus on the adequacy of response to comments on the Draft
EIR. A separate public hearing to receive testimony on the
recommendation to certify or certification of a Final EIR shall not be
required. Written comments received on the Final EIR response to
comments within the review period deadline shall be considered together
with any written or oral response from staff or the EIR consultant, at the
time action is taken by the certifying body to act on a project and certify
the Final EIR.
.
Certifying Body: In those cases where the Planning Commission is the
decision making body for the project, said Commission shall be the
certifying body for EIRs. In those cases where the City Council is the
decision making body for the project, said Council shall be the certifying
body for the EIR.
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Planning Commission Decision: When the Planning Commission is the
decision making body and is satisfied, after the conduct of a public
hearing, that the Draft EIR plus the contents received and the responses
thereto adequately fulfill the intent and requirements of CEQA, the
Commission shall certify the document and any attachments thereto as the
Final EIR, pursuant to Section 15090 of the State CEQA Guidelines.
If the City Council is the certifying body for the project, the Commission
shall forward a recommendation for certification of the EIR to the Council.
If the Planning Commission is not satisfied that the Final EIR is adequate,
the Commission may return it to the lead department for revision and
resubmittal to the Commission, or forward it to the Council without
recommendation for certification. In forwarding the document under this
scenario, the Commission shall state the reasons for its finding(s) of
inadequacy.
1
City Council Decision: When the City Council is satisfied that the Final
EIR recommended for certification is adequate and in compliance with
CEQA, it shall certify the document and any attachments thereto.
TIME FOR COMPLETION OF ENVIRONMENTAL DOCUMENTS
,,
Environmental Impact Reports: EIR's shall be completed and certified
within one (1) year of the acceptance of the project application as
complete. The one (1) year time limit may be extended once for a period
of not more than ninety (90) days upon consent of the City and the
applicant.
m
Negative Declarations: Negative Declarations shall be completed and
ready for action within one hundred and five (105) days of acceptance of
the project as complete.
Any unreasonable
delay by the applicant
in providing necessary
information or funding
of environmental
documents shall
suspend these time
periods.
PREPARINGANDADOPTING
FINDINGS
The City shall not approve or carry out a project for which an EIR identifies one
or more significant environmental effects unless the City makes one or more
written findings for each of the significant effects, accompanied by a brief
explanation of the rationale for each finding. Findings must be supported by
substantial evidence in the record of project review. The possible findings are:
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Changes have been required, or incorporated into, the project that avoids
or substantially lessen the significant environmental effects as identified
in the Final EIR. Necessary changes are generally identified after
preparing the Initial Study.
.
Changes that would avoid or substantially lessen the significant
environmental effects are within the jurisdiction of another public agency
or have been adopted by another agency.
1
Specific economic, social or other considerations make the identified
mitigation measures or project alternatives infeasible.
TAKING AN ACTION ON THE PROJECT
After considering the final EIR, the hearing body shall not approve a project for
which an EIR was prepared unless the project as approved will not have a
significant effect on the environment; or all avoidable significant effects on the
environment have been eliminated or substantially lessened, and any remaining
significant effects on the environment are determined to be unavoidable and
acceptable based on the findings described in Section "N" above.
STATEMENT
OF OVERRIDING
CONSIDERATIONS
If the benefits of a proposed
project substantially outweigh
the unavoidable adverse
effects, such effects may be
considered "acceptable." If the
City approves a project that
allows the occurrence of
significant effects, it shall
adopt a Statement of
Overriding Considerations that details specific reasons to support its action based
on the Final EIR and/or other information in the record.
PREPARING AND FILING A NOTICE OF DETERMINATION
Within five (5) days of project approval, a Notice of Determination shall be
prepared, filed and posted with the Mendocino County Clerk. If a State agency
is a responsible or trustee agency, the Notice of Determination shall also be filed
with the State Office of Planning and Research.
The filing and posting of the Notice of Determination starts a thirty (30) day
statute of limitations on court challenges to approval under CEQA. Failure to
properly file this notice, within the specified time period, increases the statute of
limitations to one hundred eighty (180) days.
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P. MITIGATION MONITORING REQUIREMENTS
State legislation in 1989 (AB 3180) amended CEQA law to require monitoring of imposed
mitigation measures. This law requires lead agencies to require mitigation monitoring
and reporting programs to ensure compliance of mitigation measures throughout project
construction and implementation. Accordingly, the City shall require applicants to submit
monitoring programs for each mitigation measure imposed as a part of the environmental
review process. For complex technical mitigation measures, the City may require that
a qualified consultant be hired at the developer's expense. The applicant shall designate
an individual to work with the City staff in developing monitoring programs. The adopted
environmental document shall include a summary of the imposed mitigation measures
and monitoring program. The mitigation monitoring program, revised as necessary by
the final EIR response to comments, shall be included in the final EIR Appendix.
Monitoring programs shall be detailed enough to adequately report on individual
mitigation measures, and shall generally be consistent with the following format: 1)
procedures to monitor the implementation of mitigation measures prior to, during, and
after construction; 2) a regular schedule for the submittal of progress reports to the City;
3) detailed enforcement procedures; and 4) an on-site mitigation monitoring coordinator
to administer the program and act as a liaison between the City and construction team.
The City can also require mitigation monitoring or reporting programs from outside
agencies that have jurisdiction over the natural resources affected by the project. If
agencies require mitigation measures to be imposed on a project, that agency is required
to prepare and submit a monitoring program related to those mitigation measures.
City's Responsibility: The administration and management of the
mitigation monitoring program shall be the responsibility of the City.
Project applicants shall fund the costs for monitoring in accord with the
terms of the City Planning Department fee schedule. The responsibility of
the City throughout the monitoring effort includes serving as a liaison
between the various City departments, the project applicants, and the
applicants' contractors, and maintaining prompt and regular
communications with on-site environmental monitors and specialists, and
applicants' contractors responsible for performance and permit
compliance.
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Project Sponsor's Responsibility: The project sponsor shall perform
the measures required of them and comply with the verification and
reporting requirements identified in the mitigation monitoring and reporting
program as a condition of approval of the project. The project sponsor's
responsibilities include administering and preparing daily logs, status
reports, compliance reports, and the final construction monitoring report;
monitoring on-site, day-to-day construction activities, including the
direction of environmental monitors and environmental specialists in the
understanding of all permit conditions, site specific project requirements,
construction schedules and environmental quality control effort; ensuring
contractor knowledge of and compliance with all appropriate permit
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conditions; reviewing all construction impact mitigations; and requiring
correction of observed activities that violate project environmental
conditions, or that represent unsafe or dangerous conditions.
Mitigation Compliance Plan: The project sponsor shall submit a detailed
written plan for mitigation compliance to be reviewed and approved by the
City of Ukiah Planning Director at each phase of project development.
The compliance plan will serve a duel purpose of verifying compliance with
the mitigation measures for the proposed project and of generating
information on the effectiveness of the assigned mitigation measures.
This plan shall describe the steps the project sponsor (and project
contractor) will take to assure compliance with project conditions and shall
include a checklist verifying compliance with permit conditions. The plan
shall also include provisions for any mitigation monitoring personnel found
necessary to implement the plan. The monitoring personnel will be
retained by the project sponsor and will have expertise in appropriate
disciplines. City staff and/or hired consultants under contract to the City
will verify mitigation compliance by means of the checklist (Appendix G).
The project applicant shall agree to fund any additional City costs for
monitoring staff or verification by registered professionals. The mitigation
compliance plan shall organize mitigation measures and verification
compliance in the following manner, as applicable: a) mitigations required
prior to tentative map approval; b) mitigations required prior to
improvement plan approval; c) mitigations required prior to grading permit
approval; d) mitigations required prior to the issuance of a building permit;
e) mitigations required prior to final inspection and the grant of occupancy.
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