The provisions of this article shall be known as the title and scope of the environmental review regulations. The purpose of these provisions is to specify the title, purposes, and applicability of the environmental review regulations and to require conformity to said regulations. These provisions shall apply to the entire environmental review regulations.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1000)

The provisions of this Chapter shall be known as the environmental review regulations.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1001)

The purpose of the environmental review regulations is to facilitate conformance by the city of Oakland with the California Environmental Quality Act, the National Environmental Policy Act, the National Historic Preservation Act, and other relevant and applicable federal, state, and local environmental laws and regulations, and to achieve the purposes set forth in those laws and regulations and in the Oakland Comprehensive Plan.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1002)

A.

City CEQA Procedures. The city CEQA procedures at Section 17.158.140 shall apply to all projects sponsored or assisted by the city or Redevelopment Agency, and to all private projects requiring any discretionary approvals from the city.

B.

City NEPA Procedures. The city NEPA procedures shall apply to all city, Redevelopment Agency, and private projects involving funding or any other form of participation by a federal agency, if the federal agency requires that city or redevelopment agency undertake NEPA environmental review on its behalf.

C.

City Section 106 Procedures. The city Section 106 procedures shall apply to all city, Redevelopment Agency, and private projects involving funding or any other form of participation by a federal agency, if the federal agency requires that the city or redevelopment agency undertake Section 106 historic preservation consultation on its behalf under the requirements of the National Historic Preservation Act.

D.

Other Environmental Review Procedures. The other environmental review procedures shall apply to projects as indicated in those procedures.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1003)

These environmental review regulations shall generally apply to the whole of a project, and not separately to each individual permit that a project may require. A single environmental review shall be performed for each project, and shall apply to every permit required for that project. If a project is determined to be exempt from environmental review, every permit related to the project shall likewise be deemed exempt.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1004)

Where there is or has been amendments or changes to applicable federal, state, or local laws, regulations, or guidelines, including but not limited to CEQA, NEPA, and NHPA, the applicable amendments or changes shall be incorporated herein.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1005)

Where a conflict exists between these environmental review regulations and applicable Federal, or State regulations, or guidelines, including but not limited to CEQA, NEPA, and NHPA, the applicable Federal, or State regulations or guidelines shall prevail.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1006)

The provisions of this article shall be known as the definitions and abbreviations. The purpose of these provisions is to promote consistency and precision in the interpretation of the environmental review regulations and to supplement the definitions that are found in CEQA, NEPA, NHPA, and their implementing regulations and guidelines. The meaning and construction of words and phrases as set forth in these provisions shall apply throughout the environmental review regulations, except where the context of such words or phrases clearly indicate a different meaning or construction.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1020)

"Agency" means the city of Oakland Redevelopment Agency.

Certification of a final EIR. In certifying a final EIR, the final decision-making body must find that the FEIR has been prepared in compliance with CEQA, the CEQA guidelines, and the city CEQA procedures. In addition, the decision-making body also must find that the environmental document reflects the independent judgment, review and analysis of the city. Certification does not imply that the decision-making body endorses the project. Rather, certification indicates that the decision-making body found that the final EIR adequately discusses the potential adverse environmental effects, ways in which such affects might be mitigated, and alternatives to the project which would reduce or avoid the adverse effects.

"CEQA" means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

"City" means the City of Oakland; the body or officer acting for the City of Oakland, or the Redevelopment Agency of the City of Oakland.

"City CEQA Procedures" means the city regulations which delineate the procedures for implementing CEQA, as prescribed at Section 17.158.140.

City Planning Commission. This Commission is responsible for developing policies for and maintaining the city's Comprehensive Plan. In addition, the Commission has major responsibility for adoption and administration of the zoning regulations and subdivision regulations. The Commission also certifies the adequacy of environmental information used in determining whether or not development projects should be approved, and is the final appeal body for all environmental review determinations, except where otherwise stated.

"City project" means a project sponsored or assisted by the city or the Redevelopment Agency of the city.

"Decision" means the first discretionary approval or denial of a project.

"Decision-making body" means any individual, officer, board or commission representing the city permitted to approve or disapprove a project.

"Discretionary action" means an action which requires the exercise of judgment or deliberation when the decision-making body decides to approve or disapprove a particular activity, as distinguished from situations where the decision-making body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. See Section 17.158.190 for discretionary actions typically processed by the city.

"Discretionary project" means a project that requires approval of one or more discretionary actions, including but not limited to those listed at Section 17.158.190, even if the project also requires approval of one or more ministerial actions, including but not limited to those listed at Section 17.158.180.

"EIR" means an environmental impact report.

"Environmental review" means any of procedures or other provisions of the environmental review regulations that may be applicable to a particular project or action.

"Environmental Review Coordinator" means the staff person, as designated by the Environmental Review Officer, who is responsible for coordinating the environmental review process.

"Environmental Review Officer" means the staff person, as designated by the City Manager, who is responsible for the environmental impact review process, or his or her designee.

Findings. Prior to approving a project, the decision-making body is required by CEQA to make findings regarding the feasibility of mitigation measures and alternatives identified in the EIR.

"Guidelines" means the guidelines for implementation of CEQA, known as the State CEQA Guidelines, as prescribed by the Secretary for Resources of the state of California, and as developed by the State Office of Planning and Research.

Historic Property. "Historic property" are those properties that are designated City landmarks; are listed on the National Register of Historic Places, or as a California Registered Historical Landmark, or as a California Point of Historical Interest; are contributory to an S-7 Preservation Combining Zone pursuant to Section 17.84.010 of this Code; or have received an "A" or "B" rating by the Oakland Cultural Heritage Survey.

Ministerial Action. Ministerial describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying the project. The public official merely applies the law but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements. Common examples of ministerial permits include dog licenses, business licenses, and marriage licenses. See Section 17.158.180 for ministerial actions typically processed by the city.

Ministerial Project. A project that requires approval of one or more ministerial actions, including but not limited to those listed at Section 17.158.180, and does not require approval of any discretionary actions, including but not limited to those listed at Section 17.58.190.

Mitigation Monitoring Program. A "mitigation monitoring program" is used to ensure that the significant adverse environmental effects of a proposed project are avoided or reduced to a level of insignificance through the implementation of the mitigation measures recommended in the EIR or the mitigated negative declaration. The program provides a means for the city to verify that measures to mitigate project impacts are in place when the project is implemented.

"NEPA" means the National Environmental Policy Act.

"NHPA" means the National Historic Preservation Act. (See also "Section 106.")

"Notice of availability" means a brief notice that is attached to the released draft EIR. The notice shall invite response to the draft EIR, give final date for receiving such responses, advise to whom the responses shall be directed, and may provide other pertinent information for the environmental documentation of the proposed project.

"Notice of determination" means a brief notice which the city shall cause to be filed with the County Clerk after the city approves a private project or determines to carry out a public project which is subject to the requirements of CEQA.

"Notice of Exemption" means a brief notice which the city may cause to be filed with the County Clerk after the city approves a private project or determines to carry out a public project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA.

"Notice of preparation" means a brief notice sent by the city to notify the responsible agencies, trustee agencies, involved federal agencies, the immediately adjacent property owners and persons showing interest in the proposed project. The purpose of the notice is to solicit guidance from those agencies and individuals as to the scope and content of the environmental information to be included in the EIR.

"Private project" means a project sponsored by a person or entity other than a government agency.

Project. For CEQA purposes, "project" means the whole of an action, which has a potential for resulting in a physical change in the environment, directly or ultimately, as defined in Section 15378 of the State CEQA Guidelines. For the purposes of NEPA, Section 106, and other pertinent environmental laws and regulations, "project" shall have whatever meaning may be defined in those laws and regulations.

"Project sponsor" means the private individual, group or corporation, or independent public agency proposing the project and applying for city approval; in the case of a city project, the department or public officer responsible for the project.

"Public improvement by a private party (P-job)" means a public improvement constructed by a private party such as a sewer or street extension to serve new construction pursuant to Section 12.20.010 of the Oakland Municipal Code.

"Public project" means a project sponsored by a government agency, including but not limited to the city or the Redevelopment Agency of the city.

"Section 106" means Section 106 of the National Historic Preservation Act. (See also "NHPA.")

State CEQA Guidelines. See "Guidelines."

"Statement of overriding considerations" means a finding statement made by the decision-making body if it is determined that the benefits outweigh the unavoidable adverse environmental effects of a project. This statement of overriding consideration must be supported by evidence in the administrative record.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 11766 § 2 (part), 1994: prior planning code §§ 1022—1034)

The provisions of this article inclusive, shall be known as the general regulations. The purpose of these provisions is to set forth certain regulations that shall apply to all provisions of the environmental review regulations.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1060)

The Environmental Review Officer shall function as the official city repository for environmental review records, and as a clearinghouse for the receiving and processing of all environmental documents. The Environmental Review Officer shall maintain a library of all EIRs prepared by the city as lead agency, and all EIRs prepared by other public agencies as lead agency and referred to the city for comment. If and when other city officers, departments, boards, or commissions receive environmental documents from other agencies, they shall advise the Environmental Review Officer and send a copy of the document and any response or comments they have made on the document to the Environmental Review Officer.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1070)

When a public agency other than the city refers a negative declaration, draft EIR, or other environmental document on a project to the city for review and comment, the Environmental Review Officer may comment directly to said public agency, or may choose to refer such comments, in cases when such project may have potentially significant impact on city goals and objectives or planning policies, or if the project is considered to be of a controversial nature, to the City Planning Commission or the City Council for action. The Planning Commission may in some cases choose to refer the matter to the City Council. The City Manager, or other officers and departments, may review and comment directly as well, except in those cases where the City Council has acted on the matter. All comments by city departments and officers shall be consistent with adopted city policies. In cases where a coordinated city response is deemed appropriate, the Environmental Review Officer shall be responsible for such coordination, unless the City Council, City Planning Commission, or City Manager designates another city officer or department to coordinate the response.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1080)

A.

Master Fee Schedule. Fees as shown in the master fee schedule are payable to the city to assist in covering processing costs at the time of filing of a request for each step of the environmental review process. For instance, when a project sponsor requests an exemption determination or environmental review, a fee is collected. If it is determined that an EIR is required, the city collects the EIR fee before beginning work on the EIR. The fee schedule may be revised by the City Council from time to time. Fees are charged for environmental determinations, initial studies, administration of EIR contracts, copies of environmental documents, public notification, challenges or appeals of any environmental determination, and any other environmental review matters as identified in the master fee schedule.

B.

Effect of Nonpayment of Fees. Processing of requests for exemption determinations, initial studies, and EIR preparation may be suspended for nonpayment of the appropriate fees, and any related permit application may be considered incomplete. Challenges and appeals shall not be considered timely if the appropriate fees are not paid prior to the deadline for such challenges or appeals.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1090)

The provisions of this part shall be known as the California Environmental Quality Act procedures, and may be referred to as the city CEQA procedures. The purpose of these provisions is to provide a basis for implementation of the California Environmental Quality Act (CEQA) by the city as directed by Section 15022 et seq. of the State CEQA Guidelines. These provisions shall apply to all projects sponsored by the city or Redevelopment Agency, and to all private projects requiring any discretionary approvals from the city.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1100)

CEQA obliges every public agency and every citizen to take all action necessary to protect, rehabilitate and enhance the environment of California. Major consideration shall be given by the city to prevent environmental damage, both in making decisions on city projects and in regulating the activities of private individuals and corporations. The Oakland Policy Plan, a component of the Oakland Comprehensive Plan, contains three goals that relate to the purpose of these procedures: (1) To protect and improve Oakland's physical environment; (2) To conserve with care the open space and natural resources which will be needed by present and future generations; and (3) To recognize natural environmental hazards in planning for the city's future development. It is the policy of the city that consideration of environmental effects shall be incorporated into project conceptualization, design and planning at the earliest feasible time.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1110)

The Guidelines for implementation of CEQA as described in Section 15000 et seq. of the California Code of Regulations shall be followed by the city and are incorporated by reference into these procedures. Incorporation by reference shall include any revisions or amendments to CEQA or the State CEQA Guidelines. Section 15022 of said Guidelines requires cities to provide additional directions and information and these are provided in these environmental review regulations. Where a conflict between the Guidelines and these environmental review regulations exist, the Guidelines shall prevail.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1120)

Projects requiring only ministerial approvals are not subject to environmental review under CEQA, pursuant to Section 21080(b)(1) of CEQA and Section 15268 of the State CEQA Guidelines. Projects requiring any discretionary approvals may be subject to environmental review under CEQA unless otherwise exempt, pursuant to Section 21080(a) of CEQA, and Section 15002(i) of the State CEQA Guidelines. See also Sections 17.158.180 and 17.158.190 of these environmental review regulations.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1130)

Ministerial actions typically processed by the City include, but are not limited to:

A.

Issuance of building, plumbing, mechanical, and electrical permits;

B.

Issuance of sign and banner permits;

C.

Issuance of sewer permits;

D.

Issuance of sidewalk, driveway, curb, and gutter permits;

E.

Issuance of ministerial demolition permits, as defined in Chapter 15.36 of the Oakland Municipal Code, except where either the demolition or replacement project requires any discretionary approvals, pursuant to Title 17 of the Oakland Planning Code;

F.

Issuance of reroofing permits;

G.

Issuance of pest control permits;

H.

Approval of individual utility service connections or disconnections;

I.

Approval of final subdivision maps;

J.

Approval of parcel map waivers, including lot line adjustments and lot combinations;

K.

Approval of design review exemptions, as defined in Chapter 17.136 of the Oakland Planning Code;

L.

Issuance of business licenses and payment of business taxes;

M.

Granting of permits by the Police and Fire Departments.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11766 § 2 (part), 1994: prior planning code § 1140)

Discretionary actions typically processed by the City include, but are not limited to:

A.

Certain approvals granted under the zoning regulations, including but not limited to:

1.

Conditional Use Permits;

2.

Small Project Design Review, as defined in Chapter 17.136 of the Oakland Planning Code;

3.

Special Project Design Review, as defined in Chapter 17.136 of the Oakland Planning Code;

4.

Regular Design Review, as defined in Chapter 17.136 of the Oakland Planning Code;

5.

Development Agreements;

6.

Planned Unit Developments;

7.

Rezonings;

8.

Variances.

B.

Certain approvals granted under the subdivision regulations, including but not limited to:

1.

Private access easements;

2.

Tentative parcel maps;

3.

Tentative tract maps.

C.

Certain permits issued under other City codes, regulations, and ordinances, including but not limited to:

1.

Discretionary demolition permits, as defined in Chapter 15.36 of the Oakland Municipal Code, and as related to any demolition or removal of structures on a site where the zoning regulations requires design review to alter the exterior appearance of the applicable building facility, regardless of whether the owner intends to create a surface parking lot or a vacant lot pursuant to Section 15.36.080;

2.

Encroachment permits;

3.

Excavation permits;

4.

Grading permits;

5.

House moving permits;

6.

Obstruction permits;

7.

Permits for private construction of public improvements ("P-job" permits);

8.

Special activity permits issued by the City Administrator;

9.

Tree removal permits.

D.

Amendments to the zoning regulations, subdivision regulations, other codes and regulations governing the issuance of discretionary permits, or the Oakland General Plan.

E.

Projects sponsored or assisted by the City or the Redevelopment Agency.

(Ord. No. 13596, § 2(Exh. A), 6-2-2020; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11766 § 2 (part), 1994: prior planning code § 1150)

The City Planning Commission or other appropriate decision-making body shall not approve a project for which the environmental review process is required without following the procedures outlined below.

A.

Exempt Projects. If the project is exempt, some finding to this effect shall be included in the record. If action is by resolution, the resolution will typically contain a clause declaring that the project is exempt from the requirements of CEQA.

B.

Negative Declarations. If a negative declaration has been prepared, the decision-making body shall review this document and approve the negative declaration concurrently in approving the project's discretionary permit application. After making a decision, the decision-making body or its agent shall notify the Environmental Review Officer, to cause a Notice of Determination (NOD) to be filed with the County Clerk. If the project requires discretionary approval from any State agency, the Environmental Review Officer shall also cause the notice of determination to be filed with the State Office of Planning and Research. The filing of the notice of determination is a mandatory requirement under CEQA Guidelines Section 15075.

The NOD shall include the following information:

1.

A project identification including its common name and its location;

2.

A brief description of the project;

3.

The date of project approval;

4.

A statement of determination that the project would not have a significant effect on the environment;

5.

A statement that a negative declaration or an environmental impact report has been prepared pursuant to the provisions of CEQA;

6.

The address and location where a copy of the negative declaration may be examined.

C.

Environmental Impact Report (EIR). If an EIR has been prepared, the decision-making body shall certify the final EIR before approving the discretionary permits for the project. However, no project for which an EIR was completed and certified, and which identifies one or more significant environmental effects shall be approved without making one or more findings for each of the identified significant environmental effects. Such findings shall be supported by substantial evidence in the record. The following possible findings are identified in CEQA Guidelines Section 15091:

1.

Changes or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the identified significant environmental effect as identified in the final EIR;

2.

Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been adopted by such other agency or can and should be adopted by such other agency;

3.

Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.

Should a finding be made that mitigation measures are not feasible, the decision-making body shall adopt a "statement of overriding consideration" as described in CEQA Guidelines Section 15093.

4.

If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the environmental effects may be considered acceptable. The decision-making body shall state in writing the specific reasons to support its action based on the final EIR and/or information in the record. If a statement of overriding consideration is adopted, it should be identified in the notice of determination.

After making a decision, the decision-making body or its agents shall notify the Environmental Review Officer, who shall cause a Notice of Determination (NOD) to be filed with the County Clerk and if required, the State Office of Planning and Research.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 11766 § 2 (part), 1994: prior planning code § 1160)

The Review Officer shall have authority to extend or waive time limits as provided in the Guidelines. Such action is appealable to the City Planning Commission within ten (10) days of the Review Officer's decision. The decision of the City Planning Commission is final. However, failure to adhere to the prescribed time limits, shall not in and of itself, prejudice the city from requiring appropriate environmental review.

A.

Review of Application for Completeness. At the time the city receives an application for a permit or other entitlement that requires discretionary review, the city will have thirty (30) days to review the application for completeness of required information for environmental determination. As noted in Section 15101 of the CEQA Guidelines, if no written determination of the completeness of the application is made within that period, the application will be deemed complete on the thirtieth day. The running of CEQA processing time periods should begin on the same date as the permit processing time limits.

B.

Initial Study. The Environmental Review Officer or his/her representative shall determine within thirty (30) days after receiving an application as complete whether the Environmental Review Officer will direct that a negative declaration or an EIR, or a previously prepared negative declaration or an EIR may serve as environmental documentation for the proposed project. The thirty (30) day time limit may be extended fifteen (15) days upon the consent of the Environmental Review Officer and the project sponsor (CEQA Guidelines Section 15102).

C.

Negative Declarations. The negative declaration must be completed within one hundred five (105) days from the date that the Environmental Review Officer or his/her representative has determined that the application is complete. CEQA Guidelines Section 15107 states that this statutory requirement applies to private sponsored projects only.

D.

Notice of Preparation. Upon completion of an initial study, and it is determined that an EIR is required, a notice of preparation shall be prepared. All responsible and trustee agencies, interested individuals and organizations shall have thirty (30) days after receipt of the notice to respond and comment on the scope of project environmental effects.

E.

Environmental Impact Report. With respect to private projects, the preparation and certification of the final EIR shall be completed within one-year of the date that an application is accepted as complete. Upon the mutual consent of both the Environmental Review Officer and the project sponsor, this one-year time limit may be extended once for a period of not more than ninety (90) days (CEQA Guidelines Section 15108).

F.

Projects Subject to CEQA and NEPA. If a project is subject to both CEQA and NEPA environmental processing, the one-year time limit for the preparation of an EIR, and the one hundred five (105) day time limit for a negative declaration may be waived under certain conditions as discussed in Section 15110 of the CEQA Guidelines. Specifically, this time limit waiver shall apply when additional time is needed to prepare a combined EIR/EIS or combined negative declaration/FONSI, and if the time to prepare the combined documents would be shorter than the time required to prepare the documents separately.

G.

Statute of Limitations. As stated in Section 15112 of the CEQA Guidelines, the statute of limitations for environmental documents are as follows:

(a)

Notice of exemption: thirty-five (35) days after the filing of the notice with the County Clerk.

(b)

Notice of determination: thirty (30) days after filing of the notice and the posting of the notice by the County Clerk, and/or the State Office of Planning and Research.

(c)

If neither a notice of exemption nor a notice of determination has been filed with the appropriate agency, the statute of limitations shall be for one hundred eighty (180) days after the decision-making body's decision on the proposed project.

The statute of limitations are not waiting periods for the project sponsor. Therefore, the project sponsor may proceed at their own risk of possible legal challenge, to carry out the project as soon as the necessary and required permits for the project have been granted by the appropriate permit-granting agencies.

H.

Suspension of Time Periods. As authorized by Section 15109 of the CEQA Guidelines, the Environmental Review Officer may suspend the running of the time period for the preparation of negative declarations and EIRs, if the Environmental Review Officer or his/her representative determines that the project sponsor has caused an unreasonable delay in meeting requests for information or collection of required fees.

In addition, the Planning Commission may disapprove a project application without prejudice, if there is an unreasonable delay in meeting requests for additional information or other indications of unresponsiveness that would affect the timely and expeditious preparation of the environmental documentation for the project.

The Environmental Review Officer will allow the project sponsor no more than three months to respond before a recommendation may be made to the City Planning Commission to disapprove the project without prejudice. Requests for information to the project sponsor or his/her representatives shall be made in written form, and at least one written notice sent by registered mail to the project sponsor shall be sent a minimum of two weeks before the three-month time limit ends, to allow the project sponsor time to respond. The Environmental Review Officer will allow a renewed application submitted with new fees, to start at the same point where the project was suspended or disapproved without prejudice provided the project description has not been substantially altered and will not increase the adverse environmental effects of the project as compared with the project that was disapproved without prejudice. If after a one-year period after the proposed project application has been denied without prejudice, and the project sponsor has not taken steps to re-initiate processing of the environmental documentation for the proposed project, the environmental review file will be closed permanently. Any subsequent resurrection of the proposed project will be treated as a new project and require submittal of a new application and collection of new fees.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 11766 § 2 (part), 1994: prior planning code § 1170)

The following are administrative appeals or challenges of environmental determinations made by the Environmental Review Officer, or by his or her representative. Legal challenges to the adequacy of environmental determinations are described in Section 17.158.210G. Failure to administratively appeal may limit the issues that one may raise in another administrative level or in a legal challenge in a court of law. The process governing appeals/challenges is illustrated in Figure 1. However, this text takes precedence over the figure.

A.

Any determination of exemption, except those made by a final decision-making body, may be appealed in writing and with the appropriate fee according to the master fee schedule to the City Planning Commission, prior to the close of the public comment period on the underlying permits/decision. The determination of the City Planning Commission shall be final.

B.

Initial Study. The determination of the Environmental Review Officer may be appealed by the project sponsor, in writing and with the appropriate fee as found in the master fee schedule, within twenty-one (21) days from the day the project sponsor has been notified, to the Planning Commission, whose decision shall be final.

C.

Negative Declaration. The negative declaration notice shall invite written challenges to the finding of no significant effect. Such written challenges shall be submitted with the appropriate challenge fee, as shown on the current master fee schedule. The challenge shall run concurrently with the twenty-one (21) or thirty (30) day public review period for the negative declaration notification. The City Planning Commission shall consider any and all such challenges, and may reject them or may direct that an appropriate environmental document be prepared (e.g., environmental exemption, mitigated negative declaration, negative declaration, or environmental impact report). The City Planning Commission's decision shall be final.

D.

Determination of Need For an Environmental Impact Report. The Environmental Review Officer's determination that the preparation of an EIR is necessary may be appealed by the project sponsor, in writing and with the appropriate fee in the master fee schedule, within twenty-one (21) days of the project sponsor's receipt of this environmental determination. The City Planning Commission shall consider such appeal and may reject or direct that an appropriate environmental document be prepared. The City Planning Commission's decision shall be final.

E.

Notwithstanding any provisions to the contrary, although the environmental determination of the City Planning Commission is final, where another decision-making body must approve the project itself, that decision-making body must make an environmental determination prior to taking action on the project.

F.

Certification of an Environmental Impact Report. The certification of the EIR by the City Planning Commission may be appealed in writing and with the appropriate fee as found in the master fee schedule, to the City Council within ten days from the City Planning Commission decision to certify the EIR. The City Council shall retain jurisdiction to determine whether the EIR shall be certified.

(Ord. 11766 § 2 (part), 1994: prior planning code §§ 1180—1186)

The provisions of this article shall be known as the exemption process. The purpose of these provisions is to prescribe the procedure for making, appealing, and processing determinations of exemption from environmental review under CEQA. This process shall apply to all projects which are determined to be exempt from environmental review under CEQA.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1200)

For a public project, any city body or officer may make a finding that an action is not subject to environmental review, consistent with the provisions of these procedures. The Environmental Review Officer or his/her representative, the Environmental Review Coordinator, may be requested to make or to confirm such finding by forwarding to him or her a request for determination of exemption from environmental review on a form prescribed by the City Planning Department. In evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment, the overall consequences of the city's discretionary action shall be considered, including direct and indirect results.

For a private project, the project sponsor shall submit a request for determination of exemption from environmental review on a form prescribed by the Environmental Review Officer and the appropriate fee according to the master fee schedule. In evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment, the overall consequences of the discretionary action shall be considered, including direct and indirect results. Should the project sponsor believe that the proposed project is not an exemptible project, the project sponsor may prepare and submit a request for environmental review. The process for this step is discussed in Section 17.58.320A of these Environmental Review Regulations.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1210)

Any determination of exemption except those made by a final decision-making body, may be appealed to the City Planning Commission as set forth in Section 17.158.220A.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1220)

Following approval of an exempt project, the Environmental Review officer may be responsible for preparing a notice of exemption, and may cause the notice of exemption and any pertinent fees to be filed with the County Clerk.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1230)

A.

Applicability to Overall Project. When determining whether a particular action or permit is exempt from environmental review, the overall project to which the action or permit is related shall be considered, and the exemption criteria shall be applied to the overall project, not the individual action or permit. If the project is determined to be exempt, all actions and permits related to it shall likewise be deemed exempt. If the project is determined not to be exempt, a single environmental review shall be performed covering all actions and permits related to the project, and none of those actions or permits shall be finalized or issued until environmental review is performed. For example, an easement abandonment for the purpose of constructing a small addition to an existing house would probably be exempt, but a similar easement abandonment for the purpose of constructing a ten-unit apartment building probably would not be exempt.

B.

Applicability of Single and Multiple Exemptions. A project may be subject to more than one exemption from CEQA, in which case all applicable exemptions may be cited. If it is determined that a particular exemption does not apply to a project because of the qualifiers pertaining to that exemption, the project may still be exempt under another exemption. For example, a project involving grading and the construction of a new single- family home on a site with a fifteen (15) percent slope would not be exempt under Categorical Exemption Class 4, "Minor Alterations to Land," because of the qualifier that the slope be less than ten percent, but could still be exempt under Categorical Exemption Class 3, "New Construction or Conversion of Small Structures," because that class has no qualifier pertaining to slope. However, the "rule of reason" must be applied when considering possible multiple exemptions. For example, it would not be reasonable to exempt a five hundred (500) unit subdivision on a flat site under Class 4 because the project involved grading on a slope of less than ten percent.

(Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11766 § 2 (part), 1994: prior planning code § 1240)

Section 15022(a)(1)(c) of the State CEQA Guidelines requires cities to list those specific activities that are considered to be within the twenty-nine (29) classes of categorical exemptions listed in Article 19 of the Guidelines, provided that none of the exceptions to categorical exemptions identified in Guidelines Section 15300.2, nor any of the qualifiers listed in the individual exemption classes in Sections 15301 through 15329, inclusive, of the State CEQA Guidelines, apply. These activities include but are not limited to the following:

A.

New Construction or Conversion of Small Structures.

1.

Three or fewer single-family homes (Section 15303(a), Class 3).

2.

Apartments with six or fewer units in a single structure (Section 15303(b), Class 3).

3.

Nonresidential buildings with a legal occupant load of thirty (30) persons or less as determined in accordance with the provisions of the Oakland Building Code (Section 15303(c), Class 3).

4.

Utility extensions to serve such construction (Section 15303(d), Class 3).

5.

Accessory structures including but not limited to garages, carports, patios, swimming pools, and fences (Section 15303(e), Class 3).

B.

Additions and Alterations.

1.

Minor interior or exterior alterations to existing structures (Section 15301(a), Class 1).

2.

Additions of ten thousand (10,000) square feet or less to existing structures (Section 15301(e), Class 1).

3.

Seismic retro-fitting of buildings and structures (Section 15302, Class 2).

4.

Minor addition to schools (Section 15314, Class 14).

C.

Condominium Conversions.

1.

Conversion of existing multiple-family residential rental units into condominiums (Section 15301(k), Class 1).

2.

Conversion of existing commercial units in one structure from single to condominium type ownership (Section 15301(o), Class 1).

D.

Subdivision Matters.

1.

Tentative parcel maps for four or fewer lots (Section 15315, Class 15).

2.

Parcel map waivers (Section 15305(a), Class 5).

3.

Private access easements (Section 15305, Class 5).

E.

Tree Removal Permits.

1.

Nondevelopment related tree removal permits (Section 15301(h), Class 1).

2.

Development related tree removal permits if no single tree to be removed has a diameter at breast height of thirty-six (36) inches or greater, and the cumulative trunk area of all trees to be removed, not including hazardous trees, does not exceed 0.1 percent of the total lot area (Section 15304, Class 4).

F.

Other Development Permits.

1.

Encroachment permits (Section 15305(b), Class 5).

2.

Abandonment of public easements (Section 15305, Class 5).

3.

Grading, excavation, and obstruction permits for new construction projects listed in subsection A of this section (Section 15303, Class 3).

4.

Grading, excavation, and obstruction permits for additions and alterations listed in subsection B of this section (Section 15301, Class 1).

G.

Demolition of Nonhistoric Structures.

1.

Three or fewer single-family homes (Section 15301(I)(1), Class 1).

2.

Apartments with six or fewer units in a single structure (Section 15301(I)(2), Class 1).

3.

Nonresidential buildings with a legal occupant load of thirty (30) persons or less as determined in accordance with the provisions of the Oakland Building Code (Section 15301(I)(3), Class 1).

4.

Accessory structures including but not limited to garages, carports, patios, swimming pools, and fences (Section 15301(I)(4), Class 1).

H.

Land and Housing Acquisition.

1.

Land acquisition for open space (Sections 15315, 15316, 15317, or 15325; Classes 15, 16, 17, or 25 respectively).

2.

Land acquisition for construction of three or fewer single-family homes for low and moderate income households (Section 15303, Class 3).

3.

Sales of surplus public property (Section 15312(a)(b)(1)(2)(3), Class 12).

4.

Annexations of areas containing existing public or private structures developed to densities allowed by the current zoning or pre-zoning; provided, that extension of utility services would have a capacity to serve only the existing facilities (Section 15319(a)(b), Class 19).

5.

Leasing of space by the city (Section 15327, Class 27).

6.

Acquisition of housing for housing assistance programs (Section 15326, Class 26).

I.

Minor Projects in Public Rights-of-Way.

1.

Construction of handicap ramps on public rights-of-way (Section 15301(c), Class 1).

2.

Installation of new traffic signalization equipment (Section 15301(c), Class 1).

3.

Easement abandonments (Sections 15301, 15305, or 15312; Classes 1, 5, or 12 respectively).

4.

Street vacations (Sections 15301, 15305, or 15312; Classes 1, 5, or 12 respectively).

J.

Signs and Accessory Structures.

1.

On-premise signs, including those encroaching into the public right of way if permitted by applicable city codes (Section 15311(a), Class 11).

2.

Surface parking lots of no more than sixty thousand (60,000) square feet that are accessory to existing commercial, industrial, or institutional facilities (Section 15311(b), Class 11).

3.

Temporary or moveable facilities such as vending carts, sidewalk tables and chairs, newspaper racks, and portable restrooms (Section 15311(c), Class 11).

K.

Information Collection.

1.

Planning and zoning studies for information gathering purposes only (Section 15306, Class 6).

L.

Public Gatherings.

1.

Public gatherings such as the Festival at the Lake (Section 15323, Class 23).

M.

Energy Plants.

1.

Installation of cogeneration equipment meeting the conditions as described in Section 15329 of the CEQA Guidelines (Section 15329(a)(1)(2), (b)(1), (2), (3), Class 29).

(Ord. 11766 § 2 (part), 1994: prior planning code § 1250)

As described in Section 15260 through Section 15277, inclusive, of the CEQA Guidelines, there are statutory exemptions to CEQA granted by the State Legislature. The purpose of statutory exemptions is to excuse the environmental review process for an entire class of projects. This is in contrast to categorical exemptions where there may be exceptions cited if the proposed project would otherwise have a potentially adverse environmental effect. The list and description of statutory exemptions is not a comprehensive listing as cited in CEQA or the CEQA Guidelines, but rather, it is a list of those that are pertinent to the city. Omission of statutory exemptions that are found in CEQA and the CEQA Guidelines, do not void their appropriate application to specific projects in instances shown below. Therefore, statutory exemptions are described but not limited to those below:

A.

Ongoing Project.

1.

If a public project was approved prior to November 23, 1970, the project shall be exempt from CEQA unless a substantial portion of public funds allocated for the project have not been spent, making it feasible to modify the project or in some other way mitigate potentially adverse environmental effects. An ongoing project may also be subject to CEQA if there are modifications to the project in such a way that there may be new significant effect on the environment (Section 15261(a)(1)(2)).

2.

A private project is exempt from CEQA if the project received an entitlement for use from a public agency prior to April 5, 1973, unless after April 5, 1973, the project received additional discretionary governmental approvals that involve a greater degree of responsibility or control over the project as a whole than did the approvals of entitlements prior to April 5, 1973 (Section 15261(b)(1) (2)(3)).

B.

Feasibility and Planning Studies. Feasibility and planning studies for possible future actions which have not been approved, adopted, or funded are exempt. However, the study should still require environmental consideration. This statutory exemption would not apply to the adoption of a plan that will have a legally binding effect on later activities. For example, the adoption of the Oakland general plan would be subject to CEQA, and an EIR should be prepared (Section 15262).

C.

General Plan Time Extension. The granting of a time extension by the State Office of Planning and Research to the city for the preparation and adoption of one or more elements of the general plan would be statutorily exempt (Section 15266).

D.

Ministerial Projects. Ministerial projects as defined by Section 17.158.090, and described in Section 17.158.180, are exempt from the requirements of CEQA (Section 15268).

E.

Emergency Projects. The following projects are defined as emergency projects and not subject to CEQA:

1.

Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act (Section 15269(a)).

2.

Emergency repairs to public service facilities necessary to maintain service (Section 15269(b)).

3.

Specific actions necessary to prevent or mitigate an emergency (Section 15269(c)).

F.

Projects Which are Disapproved. This statutory exemption allows disapproval on the merits of a project prior to the initiation of the CEQA process, where the city can clearly see that findings for the project cannot be made (Section 15270(a)(b)(c)).

G.

Specified Mass Transit Projects. The institution or increase of passenger or commuter service on rail lines or high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities; facility extensions not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services (Section 15275(a)(b)).

H.

Railroad Grade Separation Projects. Railroad grade projects which eliminate an existing grade crossing or which reconstruct an existing grade separation (Section 21080.13).

I.

Restriping of Streets or Highways. Projects for restriping of streets or highways to relieve traffic congestion (Section 21080.19).

J.

Right-of-Way. Projects of less than one mile in length within a public street or highway, or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline (Section 21080.21).

(Ord. 11766 § 2 (part), 1994: prior planning code § 1260)

As authorized by Section 15061(b)(3) of the CEQA Guidelines, the Environmental Review Officer, or his/her representative may determine that although a project may not be statutorily or categorically exempt from CEQA, a preliminary review can with reasonable certainty show that there is no possibility that a project may have a significant effect on the environment. Therefore, the project would not be subject to CEQA.

The general rule would apply where it can be plainly seen without an initial study that a proposed project would not exceed the critical thresholds for adverse environmental effects. For example, in the case of a zoning change where the new zoning classification is at least as restrictive or more restrictive as the existing zoning classification for an area. Such a condition would occur if an area were downzoned from a multifamily zoning classification to a single-family zoning district.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1270)

The provisions of this article shall be known as the environmental review process. The purpose of these provisions is to prescribe the procedures for preparing and processing CEQA environmental documents, including initial studies, negative declarations, mitigated negative declarations, and environmental impact reports. This process shall apply to all projects which are determined to require environmental review under CEQA.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1300)

The following description of the environmental review process is illustrated by Figure 2, Environmental Review Process Under CEQA.

A.

Request for Environmental Review. If after review of a request for determination of environmental exemption the Environmental Review Officer finds that a project is not exempt, or it can be clearly seen by a project sponsor that a public or private project is not exempt, a request for environmental review and fee shall be submitted and shall be accompanied by information which, in the judgment of the environmental review officer, is sufficient to permit completion of an initial study. Consistent with Section 15102 of the CEQA Guidelines, the Environmental Review Officer shall determine within thirty (30) days after accepting an application as complete whether the city intends to prepare an EIR or a negative declaration or use a previously prepared EIR or negative declaration. However, failure to determine whether an EIR or negative declaration is needed within the required time frame shall in no way prejudice the city from requiring such documents. This thirty (30) day period may be extended fifteen (15) days upon the mutual consent of the city and the project applicant. Typically, the information needed to prepare an initial study may include but may not be limited to the following:

1.

Project description;

2.

Statement of project objectives;

3.

Site plan and elevations;

4.

Preliminary drainage plan;

5.

Preliminary grading plan;

6.

Preliminary landscaping plan;

7.

Completed environmental checklist form.

B.

Initial Study. Initial study of the environmental effects of the project shall be conducted by the Environmental Review Officer or the Environmental Review Coordinator using a comprehensive checklist form authorized by the Environmental Review Officer. An initial study need not be prepared if the Environmental Review Officer, after preliminary review, determines that the project clearly may have a significant effect on the environment and that an EIR should be prepared (CEQA Guidelines Section 15060(c)). The determination of the Environmental Review Officer that an EIR is required may be appealed by the project sponsor as described in Section 17.158.220B.

C.

Thresholds of Significant Environmental Impact. The Environmental Review Officer may prepare criteria for assessing significant adverse environmental impact thresholds, that the City Planning Commission may adopt to serve as guidelines for determining the levels of significant effects on the environment. As guiding standards, the threshold criteria would be used to provide information in evaluating the environmental effects of a project, and to assist in determining whether a proposed project would be exempt or require additional environmental review.

(Ord. 11766 § 2 (part), 1994: prior planning code §§ 1310—1313)

If the Environmental Review Officer determines on the basis of the initial study that the project will not have a significant effect on the environment, a negative declaration shall be prepared.

When a project would require federal funding or federal agency approvals, a joint CEQA/NEPA environmental document may be prepared to satisfy the requirements of both federal and state environmental standards. A notice of finding of no significant impact (FONSI) prepared for the project to meet National Environmental Policy Act (NEPA) requirements may serve as a valid substitute for a negative declaration required under CEQA; provided, that the procedures for the preparation of a negative declaration listed below are satisfied.

1.

The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations. The notice shall advise interested citizens that a negative declaration has been prepared. The notification of responsible and trustee agencies, private individuals, and property owners shall be consistent with notification for discretionary action on other related permits for the project. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

2.

A period of at least twenty-one (21) calendar days following the date the notices are placed at the site or published in the newspaper shall be allowed for response prior to action on the negative declaration by the decision-making body. However, when a negative declaration has been submitted to the State Clearinghouse, the review period shall be at least as long as that of the Clearinghouse (normally thirty (30) days). Negative declarations, as well as draft EIRs are submitted to the State Clearinghouse when one or more state agency would have either permit approval, or trustee status for natural resources affected by the proposed project.

3.

A notice that the city proposes to adopt a negative declaration shall be forwarded to interested persons or parties as specified in the Guidelines Section 15072 et seq. In addition, it shall be forwarded to members of the City Planning Commission; if the project is subject to approval by the Planning Commission, this may be done at the same time the Commission is sent the staff report on the project application. The Environmental Review Officer will notify any public agency and private individual which commented on the negative declaration, of the public hearings on the project for which the negative declaration was prepared.

4.

The negative declaration notice shall invite written challenges to the finding of no significant effect as set forth Section 17.158.220C. If the negative declaration is forwarded to the State Clearinghouse, it shall also be accompanied by a "notice of completion and environmental document transmittal form."

5.

At the conclusion of the public comment and challenge period, the negative declaration shall be signed and dated by the Environmental Review Officer, declaring that the document has been prepared in accordance to CEQA, the CEQA Guidelines, and these environmental review regulations. If challenges were received during the public comment period, and such challenges were rejected by the City Planning Commission, the Planning Commission shall have the Environmental Review Officer attach an explanation for the rejection to the negative declaration.

6.

The Environmental Review Officer shall forward the negative declaration to the appropriate sponsoring department for public projects, or to the project sponsor for a private project, for the project sponsor to forward to the decision-making body which has jurisdiction for approving or denying the project.

7.

Decision on the project shall take place as outlined in Section 17.158.200.

B.

Preparation of a Mitigated Negative Declaration. If the initial study identified potentially significant environmental effects, but revisions to the proposed project plans or proposals made by or agreed to by the project sponsor would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the Environmental Review Officer that the project as revised may have a significant effect on the environment, then the Environmental Review Officer may have prepared a mitigated negative declaration. In addition, a mitigated negative declaration may be prepared in the event a negative declaration is prepared and subsequently challenged, or if the Planning Commission decides prior to a decision on the project to require a mitigated negative declaration. The following procedures would apply.

If there are mitigation measures that can be readily identified by the Environmental Review Officer or his/her representative, that can clearly reduce or avoid the significant adverse environmental effects that were identified in the initial study or through the public comment period, the Environmental Review Officer will recommend that the project sponsor agree to incorporate the mitigation measures into the proposed project. A written letter identifying the mitigation measures will be sent to the project sponsor. The project sponsor will have fourteen (14) days upon receipt of the letter, to respond to the Environmental Review Officer indicating agreement to incorporate the mitigation measures into the proposed project. Upon the mutual agreement between the Environmental Review Officer or his/her representative, and the project sponsor, the project sponsor may be given a reasonable extension of time to consider the incorporation of the identified mitigation measures, provided the project sponsor has requested the time extension with the fourteen (14) day response period. If within the fourteen (14) day period, the project sponsor either refuses to the terms of the letter, or does not respond within the time frame, the Environmental Review Officer will make a determination that an EIR would be required for the project. The procedures for preparing an EIR as outlined in this statement would then apply.

If however, the project sponsor agrees to the mitigation measures necessary to avoid or reduce the identified significant environmental effects to a level of insignificance, the mitigated negative declaration should be processed as outlined by steps 1 through 7 for a negative declaration as described in Section 17.158.330.

(Ord. 11766 § 2 (part), 1994: prior planning code §§ 1400—1402)

A.

Preparation of Draft EIR. If it is determined that the proposed project may have a significant effect on the environment, an EIR shall be prepared. Such determination may be made by the Environmental Review Officer during the preliminary review of the project, or after the preparation of an initial study. The City Planning Commission or the City Council may also call for the preparation of an EIR. The project sponsor may appeal the determination by the Environmental Review Officer to prepare an EIR to the City Planning Commission as set forth in Section 17.158.220B.

When the Environmental Review Officer has collected the EIR fee from the project sponsor, the Environmental Review Officer shall send via U.S. mail to each responsible agency a notice of preparation (NOP) stating that an EIR will be prepared. The NOP will be sent via U.S. mail to all responsible and trustee agencies, all surrounding communities who share a border with the city, individuals, organizations who have expressed an interest in the project or in projects in their areas of concern and interest, and owners of property which share a boundary with the site of the proposed project. The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

B.

The NOP shall contain sufficient information describing the proposed project and the potential environmental effects identified by the city. At a minimum, the NOP shall include the following information:

1.

Description of the project area;

2.

Location of the project as shown on a map;

3.

Probable environmental effects of the proposed project.

All agencies, organizations and individuals shall have thirty (30) days after receiving the NOP to respond with specific detail about the scope and content of the environmental information to be contained in the draft EIR.

When one or more state agency will be either a responsible or trustee agency, the Environmental Review Officer will have the NOP sent to the State Clearinghouse. The State Clearinghouse will ensure that the state agencies reply to the city within the required time.

If a project would require federal agency funding or approval, the project will also need to comply with the federal NEPA requirements or procedures in addition to CEQA requirements. An environmental impact statement (EIS) prepared for the project to meet NEPA requirements may be substituted for the CEQA-required EIR provided that the EIS, or a combined EIR/EIS must comply with NEPA and CEQA statutory requirements.

C.

The following are the minimum procedures for the preparation of an draft EIR, and may be supplemented as necessary by the Environmental Review Officer:

1.

Pre-Qualification Procedure. The Director of City Planning shall prepare a standardized procedure for the selection of qualified environmental consultants.

2.

Preparation of the Administrative Draft of the Draft EIR. The environmental consultant shall prepare an administrative draft of the draft EIR (ADEIR). The ADEIR is an internal document to be comprehensively reviewed by the city to ensure the adequacy of the environmental document to meet the objectives of CEQA, the CEQA Guidelines, and this statement. When the Environmental Review Officer or his/her representative, is satisfied that the document represents, in his or her judgment, an accurate and complete draft EIR, and that it is ready for public review, he or she shall sign a declaration to this effect which shall constitute the top sheet of the released report. The declaration shall invite responses to the report, give the final date for receipt of such responses, advise to whom responses shall be addressed, and provide other pertinent information. At this time, the draft EIR is released for public review and comment, and the project sponsor may also review and comment on the draft EIR.

D.

Public Review of Draft EIR. A period of no less than thirty (30) days following the release of the draft EIR by the Environmental Review Officer shall be allowed for public review of the draft EIR. If the State Clearinghouse is involved, the review period shall be at least forty-five (45) calendar days. The State Clearinghouse shall be involved if one or more state agency would have jurisdiction by law with respect to the proposed project, or if the environmental effects of the proposed project would have statewide, regional or areawide significance according to the criteria set forth in Section 15206 of the CEQA Guidelines. The review period shall begin when the site has been posted or a notice has been published as specified below.

1.

The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations, to advise interested persons that a draft EIR has been prepared and that comments are invited. Notices of Availability shall advise interested citizens that a draft EIR has been prepared. The notification of responsible and trustee agencies, private individuals, and property owners shall be consistent with notification for discretionary action on other related permits for the project. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

2.

The Environmental Review Officer shall provide a copy of the draft EIR to:

a.

Project sponsor.

b.

Each member of the City Planning Commission.

c.

All persons and organizations who have requested it.

d.

The Oakland Main Library and, if appropriate, the branch library closest to the site of the project.

e.

Other state, regional or local agencies, which have jurisdiction by law and/or special expertise with respect to the environmental characteristics of the project or the project location, as specified in the CEQA Guidelines Section 15087(f).

The city may charge and collect a reasonable fee for each copy of the draft EIR to recover actual costs for reproduction of the document as allowed under CEQA Guidelines Section 15045.

3.

The City Planning Commission may schedule and conduct a public hearing on the draft EIR. CEQA Guidelines Section 15087 states that public hearings are encouraged, but not required as an element of the CEQA public participation process.

E.

Preparation of Final EIR. The final EIR shall consist of the draft EIR, summary or verbatim comments and recommendations received during the public comment period on the draft EIR; a list of persons, organizations and public agencies commenting on the draft EIR; the responses of the lead agency to significant environmental points raised in the review and consultation process (Section 15132 of the CEQA Guidelines).

After a final EIR has been prepared, it shall be forwarded to the City Planning Commission for certification. Such certification shall be deemed to be a finding that the document has been prepared in compliance with CEQA, the CEQA Guidelines, and this statement. In addition, the City Planning Commission shall also certify that the final EIR reflects the independent judgment of the city. Certification of the final EIR does not imply that the City Planning Commission endorses the proposed project, nor that the permit application(s) for the project will be approved. The final EIR shall be prefaced by a signed cover sheet carrying this certification. The cover sheet shall also note that the preparation of the final EIR has been overseen by the Environmental Review Officer or his/her representative, and that the conclusions and recommendations in the document represent the independent conclusions and recommendations of the city.

1.

The Environmental Review Officer shall forward the final EIR to the City Planning Commission, or to the appropriate decision-making body in the city.

2.

Decision on the project shall take place as outlined in Section 17.158.200.

F.

Mitigation Monitoring Program. CEQA, as amended by AB 3180 requires local agencies to establish a monitoring program to ensure that the measures to mitigate the environmental impacts of approved projects are implemented. The purpose of the mitigation monitoring program is to ensure that all significant environmental impacts identified in the environmental documentation that can be mitigated, will indeed be mitigated after the project is approved.

For a project for which a mitigated negative declaration or an EIR has been certified, at the time the project is approved, the mitigation measures will be compiled into a checklist form. The checklist will identify the agency responsible for ensuring that the mitigation measure is implemented. The Environmental Review Officer or his representative will provide a mitigation monitoring compliance form to each agency identified on the checklist form. The compliance form will identify the mitigation measure, and allow spaces for compliance date, and inspection or field survey dates. The compliance form shall be returned to the Environmental Review Officer when the mitigation measures have been implemented.

(Ord. 11766 § 2 (part), 1994: prior planning code §§ 1500—1505, 1510)