Zoneomics Logo
search icon

Redondo Beach City Zoning Code

CHAPTER 3

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

Note: Article 11, entitled "Appeals" and consisting of Ordinance No. 2684 c.s., eff. April 17, 1993 as amended by Ordinance No. 2772 c.s., eff. August 1, 1996 was repealed and renumbered to Article 9 and the previous Article 9, titled "Notices of Determination" and consisting of Ordinance No. 2684 c.s., eff. April 17, 1993, was repealed in its entirety by Ordinance No. 3125 c.s., eff. January 16, 2015.

§ 10-3.101 Purpose of chapter.

The purpose of this chapter is to establish the specific procedures which have been determined necessary to implement the California Environmental Quality Act (CEQA) of 1970 (as amended) insofar as it is applicable to the City, and, in so doing, to establish the responsibilities and procedures to determine the manner in which a "project," as defined in CEQA and this chapter, is subject to comply with the California Environmental Quality Act. In the event an environmental impact report or negative declaration is required, this chapter establishes the responsibilities and procedures for their preparation, dissemination, evaluation, and adoption so that public decision-makers and the public will be informed of the environmental effects of a project before it is carried out or approved in accordance with Section 15002 of the CEQA Guidelines.
These Guidelines are binding on all City agencies in the implementation of the California Environmental Quality Act (as amended). These Guidelines are specifically intended to achieve compliance with the intent and provisions of CEQA. In carrying out this policy, the City shall prepare required environmental documents at the earliest practicable time for a project to ensure that the environmental documents can be used as a tool to enable environmental constraints and opportunities to be considered during project planning.
Nothing in this chapter shall preclude the City from taking such other action in respect to projects as is deemed necessary by the City to obtain full compliance by the City with the provisions of the California Environmental Quality Act of 1970 (as amended). The CEQA Guidelines (California Code of Regulations Title 14, Section 15000 et seq.) are herein incorporated by this reference as if set forth in full, and any subsequent amendments thereto. If there are any inconsistencies between the provisions contained in Title 10, Chapter 3 of this Municipal Code and the State's CEQA Guidelines, the State's CEQA Guidelines shall control.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.102 Application of chapter.

Except as may otherwise be provided for in this chapter, all public activities proposed to be undertaken or carried out within the City and all private activities which require an application to the City or the issuance or approval by the City of any lease, permit, license, certificate, or other entitlement for use shall be subject to the provisions of this chapter as stipulated in Section 15002 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.103 Effect of chapter on past actions by the City.

The adoption of this chapter shall not be construed to invalidate any past governmental action by the City which action did not comply with the provisions of this chapter or of the Environmental Quality Act of 1970 (as amended).
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.104 Commencement of actions against the City.

Any action or proceeding to attach, review, set aside, void, or annul any decision, or governmental action by the City on the grounds of noncompliance with the provisions of this chapter or with the California Environmental Quality Act of 1970 (as amended) shall be commenced as follows:
(a) 
Where the City has filed a notice of determination in compliance with Section 15075 or 15094 of the CEQA Guidelines, 30 days after the posting of the notice by the County Clerk.
(b) 
Where the City has prepared an exemption declaration in compliance with Section 15062 of the CEQA Guidelines, 35 days after the posting of the notice by the County Clerk.
(c) 
The statute of limitation provisions found in the Government Code and CEQA shall apply.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.105 Definitions.

Whenever the following words or phrases are used in this chapter, they shall have the meaning ascribed to them in this section, unless it is apparent from the context that a different meaning is intended. In addition, "must" or "shall" is mandatory, "should" is advisory, and "may" is permissive. These definitions are intended to clarify and supplement, but not replace or negate, those definitions used in the California Environmental Quality Act. Other terms not specifically identified or defined in this section shall have the same meaning as prescribed to them in Article 20, Section 15350 through 15387 of the CEQA Guidelines.
"Applicant"
shall mean the entity (either private or public) which submits a project or a distinct part of a project for governmental approval.
"Approval"
shall mean the decision by the City, or any department, agency, commission, or administrator thereof, which decision commits the City to a definite course of action in regard to any project proposed to be carried out by any person.
"Categorical exemption"
shall mean an exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment.
"CEQA" or "California Environmental Quality Act" or simply "Environmental Quality Act"
shall mean Division 13 of the Public Resources Code of the State (Sections 21000 et seq.)
"Cumulative impacts"
shall mean two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts.
"Decision-maker" or "decision-making body"
shall mean any agency, official, or employee of the City who is authorized to approve governmental action on a project, including, but not limited to, the City Council and the Planning Commission.
"Discretionary project"
shall mean a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a particular activity, as distinguished from situations where the City must merely determine whether there has been conformity with applicable statutes, ordinances, or regulations.
"DEIR" or "Draft Environmental Impact Report"
shall mean an EIR prepared for circulation and public review which contains the information specified in Article 7 of this chapter, and includes Sections 15122 through 15131 of the CEQA Guidelines.
"Emergency"
shall mean sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. "Emergency" shall include but not be limited to such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as occurrences as riot, accident, or sabotage.
"Environment"
shall mean the physical conditions which exist within an area which will be affected by the proposed project, including land, air, water, minerals, flora, fauna, noise, and objects or places of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions.
"Environmental assessment"
shall mean the environmental review process affecting discretionary projects subject to the California Environmental Quality Act and to this chapter. This review process includes either a decision that the project is exempt, resulting in the preparation of an exemption declaration; or a decision that the project requires preparation of an initial study, resulting in the preparation of a negative declaration, or an environmental impact report.
"Environmental impact report" or "EIR"
shall mean detailed written statement prepared under CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The term "EIR" may mean either a draft, a final draft, or a final EIR, depending on the context.
"Exemption declaration"
shall mean a written statement that a particular project has been found to be exempt from the requirement for preparation of environmental documents.
"Feasible"
shall mean capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors or as otherwise specified by CEQA.
"Final draft environmental impact report" or "FDEIR"
shall mean an EIR prior to certification containing the information presented in the draft EIR, comments (either verbatim or in summary) received during the review process, a list of persons commenting, and the response of the City to the comments received as stipulated in Section 15132 of the CEQA Guidelines.
"Final environmental impact report" or "FEIR"
shall consist of the certified final draft EIR plus the minutes of the meeting at which the document was certified and a resolution certifying the document.
"Guidelines" or "CEQA Guidelines"
shall mean the "Guidelines for Implementation of the California Environmental Quality Act of 1970" (CEQA Guidelines) as adopted by the Secretary of the Resources Agency pursuant to the provisions of Section 21083 of the Public Resources Code as set forth in Chapter 3 of Division 6 of Title 14 of the California Administrative Code (Section 15000 et seq.) and as said Guidelines may be amended or revised in the future.
"Initial study"
shall mean a preliminary analysis to determine whether an environmental impact report or a negative declaration must be prepared. The initial study shall be comprised of the environmental checklist and findings, supported by adequate documentation and analysis.
"Lead department"
shall mean the City department, agency, board, commission, or administrator who has the principal responsibility for initiating, carrying out, or approving a City project which may have a significant effect on the environment. If more than one City department meets the lead department criteria, the lead department shall be the City department that normally acts first on such projects.
"Ministerial project"
shall mean a project which is undertaken or approved by a decision-maker upon a given state of facts and in a prescribed manner as mandated by fixed rules of law. The following City actions are hereby deemed to be ministerial in nature:
(1) 
Issuance of building, construction and demolition permits;
(2) 
Issuance of business license;
(3) 
Approval of final subdivision maps;
(4) 
Approval of individual utility services connections and disconnections;
(5) 
All code compliance and zoning reviews;
(6) 
Landscape plan checking;
(7) 
Corrections to approved tract and parcel maps;
(8) 
Sign permits (excluding sign programs).
"Mitigated negative declaration"
shall mean a written statement briefly describing the reasons that a proposed project, not exempt from CEQA, may result in potential significant impacts on the environment except that mitigation measures incorporated into the project design reduce those impacts to a level of insignificance, and the project therefore does not require the preparation of an EIR.
"Mitigation monitoring"
shall mean a program approved by the decision-making body at the time of project approval, where the project required preparation of an EIR or mitigated negative declaration. The program shall identify a method of monitoring mitigation measures which reduce significant environmental impacts, in order to insure that implementation of the mitigation measures occurs.
"Negative declaration"
shall mean a written statement briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and the project therefore does not require the preparation of an EIR.
"NEPA"
shall refer to the Federal National Environmental Policy Act.
"Notice of completion"
shall mean a brief notice to be filed with the State Clearinghouse as soon as a DEIR is completed and available for distribution and review. A notice of completion may also be used for circulation of a negative declaration when state agency review is required.
"Notice of determination"
shall mean a brief notice to be filed by the City with the County Clerk (and the Governor's Office of Planning and Research if the project requires discretionary approval from a state agency) after the City approves a project for which a negative declaration or an EIR was prepared.
"Notice of preparation"
shall mean a brief notice to be filed with the State Clearinghouse indicating that an EIR is to be prepared for a project for the purpose of soliciting comments from State agencies.
"Person"
shall mean any person, firm, association, organization, partnership, business, trust, corporation, company, district, City, County, the State, and any of the agencies and political or other subdivisions of such entities.
"Project"
shall mean a planned undertaking requiring governmental action on the undertaking as a whole or on any district part of the undertaking which has a potential for resulting in a physical change in the environment, directly or ultimately, which undertaking falls into one or more of the following categories:
(1) 
Any activity directly undertaken by a public agency, including, but not limited to, public works construction and related activities, the clearing or grading of land, improvements to existing public structures, the enactment and amendment of zoning ordinances, and the adoption of local General Plans or elements thereof;
(2) 
An activity undertaken by a person which activity is supported in whole or in part thorough public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; and
(3) 
An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.106 Consistency with National Environmental Policy Act.

In instances where the environmental review documentation for an undertaking is prepared pursuant to the requirements of the National Environmental Policy Act and implementing regulations thereto, all or any part of such documentation may be submitted in lieu of all or any part of the requirements of this chapter; provided, however, any such documentation, or part thereof, shall be consistent with the requirements for such documents contained within CEQA or Article 14 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.107 Determination of requirement for an environmental assessment.

A clearinghouse function relative to all activities proposed to be undertaken within the City shall be performed to determine the need for an Environmental Assessment for each activity, as follows:
(a) 
Is the activity a "project"? If not, no environmental assessment is required.
(b) 
If the activity is found to be a project, is it a discretionary project in contrast to an emergency or ministerial project? If it is an emergency or ministerial project, no environmental assessment is required.
(c) 
If the activity is found to be a discretionary project, it is therefore subject to an environmental assessment.
(d) 
If the activity is subject to an environmental assessment, the applicant shall file an application for an environmental assessment pursuant to the provisions of this chapter.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.108 Application for environmental assessment.

The applicant shall file a verified application, in the form approved by the City, describing the project. The owner of record of the lot or parcel of property which is to be affected by the applicant shall sign an affidavit authorizing the application, in a form approved by the City. The appropriate fee shall accompany the application.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.109 Evaluation of application for environmental assessment.

After the submittal of a complete application and such other information as necessary by the applicant, a determination shall be made on each of the following (a formal written determination/finding is not required to fulfill the requirements of this section):
(a) 
Is the project exempted from preparation of environmental documents pursuant to the provisions of this chapter? If the project is exempted, such finding shall be embodied in an exemption declaration pursuant to Article 3 of this chapter.
(b) 
If the project is not exempted, the City shall follow the procedures for an initial study contained in Section 15063 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.110 Rules for construction of language.

In addition to the general provisions of the Municipal Code, the following rules of construction shall apply to Title 10, Chapter 3:
(a) 
The particular shall control the general.
(b) 
Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(1) 
"And" indicates that all the connected words or provisions shall apply.
(2) 
"Or" indicates that the connected words or provisions may apply singly but not in combination.
(3) 
"Either...or" indicates that the connected words or provisions shall apply singly but not in combination.
(4) 
"And/or" indicates that the connected words may apply either singly or in combination.
(c) 
All references to departments, commissions, bodies, or other public agencies are to those of the City of Redondo Beach, unless otherwise indicated.
(d) 
All references to public officials are to those of the City of Redondo Beach, and include designated deputies of such officials, unless otherwise indicated.
(e) 
All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or City holiday, it shall be extended to the next working day.
(f) 
Article and section headings contained in this chapter shall not be deemed to govern, limit, modify or in any way affect the scope, meaning or intent of any section hereof.
(g) 
The present tense includes the future, and the future the present.
(h) 
The singular number includes the plural, and the plural the singular, unless otherwise indicated.
(i) 
References in the masculine and feminine genders are interchangeable.
(j) 
The word "activities" and "facilities" include any part thereof.
(k) 
All references to sections contained in the CEQA Guidelines or the Public Resources Code shall incorporate any future amendments to those provisions.
(§ 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.111 Authority for non-elected decision-making bodies/makers to act on CEQA documents.

Any non-elected City Body, Official, Agency, Board, Commission, Department Official, Director, or employee (collectively "City Body") who has the authority under the City's Charter, Municipal Code, Ordinance, Resolution, Master Plan, or State law to approve a discretionary action on a project, shall also have the authority to approve, certify, deny approval, or deny certification of any CEQA document related to that discretionary action. Where a project involves multiple discretionary actions which require approval from a non-elected City Body in addition to the approval by an elected official and/or body, City Manager or designee shall have absolute discretion to determine which shall act on the CEQA document. Any City Body shall also have the authority to enter into a Mitigation Agreement pursuant to CEQA Guidelines Section 15070(b)(1), to prepare and release CEQA documents for public review, and to publish notices pursuant to CEQA.
This section shall not be interpreted to limit the powers of any non-elected City Body or elected official, including, but not limited to, the City Council and the Mayor.
For the purposes of this section, "CEQA documents" include, but are not limited to, any documents prepared pursuant to CEQA, or documents which are required to be acted upon concurrently with CEQA, such as: (a) an environmental impact report ("EIR"), (b) a negative declaration ("ND") or mitigated negative declaration ("MND"), (c) determinations that a project is exempt from CEQA pursuant to statutory or categorical exemptions, (d) initial studies, (e) a subsequent or supplemental EIR, ND, or MND, (f) an addendum to a previously prepared CEQA document, (g) master EIRs, (h) focused EIRs, (i) joint CEQA and NEPA documents, (j) water supply assessments prepared pursuant to Water Code Section 10910 et seq., (k) CEQA findings, (l) CEQA statements of overriding considerations, or (m) CEQA mitigation monitoring or reporting programs.
(§ 3, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.201 General.

The decision whether or not a proposed project will have a significant effect on the environment calls for careful judgment on the part of the City, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 4, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.202 Criteria for significance.

The criteria for determining significant effects are not intended to be specific but are intended to give guidance in making an evaluation whether or not a particular project may have a substantial adverse effect on the environment. Significant effects may be due to primary consequences immediately related to the project or may be due to secondary consequences related more to the primary consequences than the project itself. Consequences that shall be considered significant are those that:
(a) 
Have the potential to degrade the quality of the environment;
(b) 
Achieve short-term to the disadvantage of long-term environmental goals;
(c) 
Are individually limited but cumulatively considerable; and
(d) 
Cause substantial adverse effects on human beings, either directly or indirectly. The significance of an effect of a particular project will generally be related to the following:
(1) 
Its magnitude;
(2) 
Its duration;
(3) 
Its proximity to the project site;
(4) 
The number of individuals directly or indirectly affected by it; and
(5) 
The closeness of its relationship to the physical and biological environment.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993)

§ 10-3.203 Significant effects.

In accordance with the legislative intent stated in the CEQA, a project will normally have a significant effect on the environment if it will:
(a) 
Conflict with adopted environmental plans and goals of the community where it is located;
(b) 
Have a substantial, demonstrable negative aesthetic effect;
(c) 
Substantially affect a rare or endangered species of animal or plant or the habitat of the species;
(d) 
Interfere substantially with the movement of any resident or migratory fish or wildlife species;
(e) 
Breach published national, state, or local standards relating to solid waste or litter control;
(f) 
Substantially degrade water quality;
(g) 
Contaminate a public water supply;
(h) 
Substantially degrade or deplete ground water resources;
(i) 
Interfere substantially with ground water recharge;
(j) 
Disrupt or adversely affect a prehistoric or historic archaeological site or a property of historic or cultural significance to a community or ethnic or social group; or a paleonotological site except as a part of a scientific study;
(k) 
Include substantial growth or concentration of population;
(l) 
Conflict or be inconsistent with CEQA Guidelines Section 15064.3 Subdivision (b) related to a project's increase in vehicle miles traveled;
(m) 
Displace a large number of people;
(n) 
Encourage activities which result in the use of large amounts of fuel, water, or energy;
(o) 
Use fuel, water, or energy in a wasteful manner;
(p) 
Increase substantially the ambient noise levels for adjoining areas;
(q) 
Cause substantial flooding, erosion or siltation;
(r) 
Expose people or structures to major geologic hazards;
(s) 
Extend a sewer trunk line with capacity to serve new development;
(t) 
Substantially diminish habitat for fish, wildlife or plants;
(u) 
Disrupt or divide the physical arrangement of an established community;
(v) 
Create a potential public health hazard or involve the use, production or disposal of materials which pose a hazard to people or animal or plant populations in the area affected;
(w) 
Conflict with established recreational, educational, religious or scientific uses of the area;
(x) 
Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentration;
(y) 
Convert prime agricultural land to non-agricultural use or impair the agricultural productivity or prime agricultural land;
(z) 
Interfere with emergency response plans or emergency evacuation plans.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993; § 3, Ord. 3215 c.s., eff. July 20, 2021)

§ 10-3.301 Criteria for exemptions.

The following criteria shall be used in determining whether a project is exempt from the requirement for preparation of environmental documents:
(a) 
The project is categorically exempt because it falls within the list of classes of projects which have been determined not to have a significant effect on the environment per Article 19 of the CEQA Guidelines.
(b) 
The project is statutorily exempt because it falls within the list of classes of project which have been determined to be exempt by statute per Article 18 of the CEQA Guidelines.
(c) 
The project is exempt by the general rule that 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 in question may have a significant effect on the environment, the activity is not subject to CEQA.
(d) 
Section 15300.2 of the CEQA Guidelines which contains exceptions to several classes of categorical exemptions.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 5, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.302 Preparation and content of an exemption declaration.

When a project is determined to be exempt from CEQA, the City shall comply with the requirements contained in Sections 15061 and 15062 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 5, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.303 Notice of an exemption declaration.

(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 2, Ord. 2738 c.s., eff. January 19, 1995, repealed by § 5, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.304 Finality and time limits of an exemption declaration.

(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 12, Ord. 2772 c.s., eff. August 1, 1996, repealed by § 5, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.401 Preparation of the initial study.

The City shall prepare an initial study which complies with Section 15063 of the CEQA Guidelines. If the City determines that an EIR will clearly be required for the project, an initial study is not required but may still be desirable.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 6, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.402 Notice of public review period and circulation of the initial study.

(§ 1, Ord. 2684 c.s., eff. April 17, 1993, amended by § 13, Ord. 2772 c.s., eff. August 1, 1996, repealed by § 6, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.403 Public review periods.

(§ 1, Ord. 2684 c.s., eff. April 17, 1993, repealed by § 6, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.501 Preparation of a negative declaration.

A negative declaration or mitigated negative declaration shall contain the information as prescribed in Section 15071 of the CEQA Guidelines.
(§ 7, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.502 Notice of intent to adopt a negative declaration.

(a) 
The City shall provide notice of intent to adopt a negative declaration or mitigated negative declaration in compliance with Section 15072 of the CEQA Guidelines. Such notice can be combined with any other notice otherwise required for the project. In addition to the requirements provided by the CEQA Guidelines, notice shall also include at least one of the following:
(1) 
The publication of such notice at least once in a weekly newspaper of general circulation within the South Bay area of Los Angeles County;
(2) 
The posting of such notice in at least one prominent place on or about the project site. In the event the project abuts 200 or more lineal feet of street frontage, or is itself a street project, at least one such notice shall be posted on or about the street line at intervals of not more than 200 lineal feet starting at each end of the project;
(3) 
The mailing of such notice to persons owning property within a 300-foot radius of the project site; and
(4) 
Such notice can be combined with the hearing notice otherwise required for the project, if feasible, and further provided that in the case of amendments to the text provisions of Title 10, not dealing with any specific parcel of land, notification shall be by the method set out in subsection (a)(1) of this section only.
(§ 7, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.503 Public review of a proposed negative declaration.

The City shall provide a public review period for the proposed negative declaration or mitigated negative declaration in compliance with Section 15073 of the CEQA Guidelines.
(§ 7, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.504 Adoption of a negative declaration.

The City shall comply with the requirements contained in Section 15074 of the CEQA Guidelines before adopting a negative declaration or mitigated negative declaration. After adopting a negative declaration or mitigated negative declaration the City shall file a notice of determination as provided by Section 15075 of the CEQA Guidelines.
(§ 7, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.505 Time limits for a negative declaration.

Time limits. A negative declaration or mitigated negative declaration must be completed and ready for certification within 180 days from the date when the City accepts the application as complete. A negative declaration or mitigated negative declaration may be certified at a later time when the permit or other entitlement is approved. The time limits established in this section may be extended for a reasonable period of time in the event compelling circumstances justify additional time in accordance with Section 15109 of the CEQA Guidelines or the project applicant consents to the extension.
(§ 7, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.601 Preparation of the EIR.

(a) 
One-year time limit. The total time for the preparation and certification of an EIR shall not exceed one year. The time shall begin on the date which the application is deemed to be complete. The time limits established in this subsection may be extended for a reasonable period of time in the event compelling circumstances justify additional time or the project applicant consents to the extension, in accordance with Sections 15108 and 15109 of the CEQA Guidelines.
(b) 
Responsibility for preparing the EIR. The EIR shall be prepared by the City by its own efforts or by contract to a consultant.
(c) 
List of qualified consultants. A list of qualified consultants for the preparation of EIRs for the City shall be established. When the decision-making body determines that an EIR is required for a project, the City shall request proposals to prepare the document from the qualified consulting firms. The selected consultant and City shall enter into an agreement to prepare the EIR prior to the consultant commencing work. Prior to commencement of work on the EIR, the project applicant shall deposit funds with the City equal to the amount in the agreement between the City and consultant to cover the cost of preparation of the EIR.
(d) 
Submittal of proposals. Proposals submitted by consultants for the preparation of an EIR shall be thoroughly evaluated and a consultant selected based on the following criteria:
(1) 
Proposal content;
(2) 
Cost;
(3) 
Ability to perform the scope of work;
(4) 
Previous similar experience; and
(5) 
Time schedule.
(§ 8, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.602 Notice of preparation of an EIR.

A notice of preparation (NOP) of an EIR shall be given as follows:
(a) 
Notice to State Clearinghouse. Ten copies of the NOP shall be sent to the State Clearinghouse unless otherwise specified by the State Clearinghouse or the CEQA Guidelines.
(b) 
Notice to agencies. Consistent with Section 15082 of the CEQA Guidelines, the City shall send to the Office of Planning and Research and each responsible agency and trustee agency a notice pursuant to this section.
(c) 
Notice to regional and municipal fixed-route transit operators. Regional and municipal fixed-route transit operators. Local fixed route bus operators who operate a bus route that passes within one mile of the project and express bus and rail transit operators who operate a route that passes within two miles of the project shall be included in the list of agencies sent the NOP pursuant to subsection (b) of this section. Consistent with Public Resources Code Section 21092.4, for a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies that have transportation facilities within their jurisdictions that could be affected by the project.
(d) 
Content of notice of preparation. The notice of preparation shall contain the information as prescribed in Section 15082 of the CEQA Guidelines.
(e) 
Review period. Within 30 days after receiving the notice of preparation, each responsible and trustee agency and the Office of Planning and Research shall provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible or trustee agency's area of statutory responsibility that must be included in the draft EIR.
(§ 8, Ord. 3125 c.s., eff. January 16, 2015; § 4, Ord. 3215 c.s., eff. July 20, 2021)

§ 10-3.603 Notice of completion of a DEIR.

After a DEIR is complete, a notice of completion of a DEIR shall be filed in compliance with Section 15085 of the CEQA Guidelines.
(§ 8, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.604 Notice of availability of a DEIR.

After a DEIR is complete, a notice of availability of a DEIR shall be provided in compliance with Section 15087 of the CEQA Guidelines.
(a) 
Notice to public shall also include at least one of the following.
(1) 
The publication of such notice at least once in a weekly newspaper of general circulation within the South Bay area of Los Angeles County;
(2) 
The posting of such notice in at least one prominent place on or about the project site. In the event the project abuts 200 or more lineal feet of street frontage, or is itself a street project, at least one such notice shall be posted on or about the street line at intervals of not more than 200 lineal feet starting at each end of the project;
(3) 
The mailing of such notice to persons owning property within a 300-foot radius of the project site; and
(4) 
Such notice can be combined with the hearing notice otherwise required for the project, if feasible, and further provided that in the case of amendments to the text provisions of Title 10, not dealing with any specific parcel of land, notification shall be by the method set out in subsection (a)(1) of this section only.
(b) 
Content of notice of availability. The notice of availability shall contain the information as prescribed in Section 15087 of the CEQA Guidelines.
(c) 
Circulation of DEIR to City staff, public information counters, and elected officials. Copies of the DEIR should be transmitted to members of the advisory and decision-making bodies, the City Manager, Directors of appropriate City Departments, City project staff, the applicant, should be made available for review at public library branches within the City, and shall be available at the City Clerk's office or another City office specified in the notice. Any person wishing a personal copy of the EIR shall be charged a fee not to exceed the actual cost of reproduction.
(§ 8, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.605 Procedures associated with certification of an FEIR.

A final environmental impact report shall be certified in compliance with Section 15090 of the CEQA Guidelines, and to the extent applicable the City shall also comply with Section 15091 (Findings), 15093 (Statement of Overriding Considerations), and 15097 (Mitigation Monitoring or Reporting) of the CEQA Guidelines. After certifying an EIR the City shall file a Notice of Determination as provided by Section 15094 of the CEQA Guidelines.
(§ 8, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.701 Contents of draft environmental impact report.

A draft environmental impact report prepared for by the City shall contain information in compliance with Article 9 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 3, Ord. 2698 c.s., eff. August 19, 1993, and § 9, Ord. 3125 c.s., eff. January 16, 2015; § 5, Ord. 3215 c.s., eff. July 20, 2021)

§ 10-3.702 Contents of the final EIR.

The final draft EIR shall comply with the requirements of Section 15132 of the CEQA Guidelines.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 9, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.703 Contents of the final EIR.

(§ 1, Ord. 2684 c.s., eff. April 17, 1993, repealed by § 9, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.801 Environmental assessment.

Upon the filing of an application, the applicant shall pay a fee as set forth by resolution of the City Council.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 11, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.802 California Department of Fish and Game fees (AB 3158).

Section 21089(b) of the Public Resources Code provides that any project approved under the California Environmental Quality Act is not operative, vested or final until the filing fees required under Section 711.4 of the Fish and Game Code are paid by the applicant as follows:
(a) 
Transmittal to County Clerk. At the time of filing the notice of determination with the County Clerk, the "certificate of fee exemption" shall be completed. Two copies of the certificate of fee exemption shall be filed with the County Clerk along with the notice of determination, or with the Office of Planning and Research pertaining to state agencies.
(b) 
Project with an exemption declaration. All projects statutorily exempt from the California Environmental Quality Act shall pay no fee. All projects categorically exempt by regulations of the Secretary of Resources from the requirement to prepare an environmental document shall pay no fee.
(c) 
Project with a negative declaration. All projects for which a negative declaration has been prepared pursuant to Section 21080(c) of the Public Resources Code shall pay a fee unless the project has a de minimis impact pursuant to subsection (e) of this section, in which case no fee shall be paid.
(d) 
Project with an EIR. All projects for which an environmental impact report has been prepared pursuant to Section 21151 of the Public Resources Code shall pay a fee unless the project has a de minimis impact pursuant to subsection (e) of this section, in which case no fee shall be paid.
(e) 
De minimis impact finding. If the City finds that, as a result of its initial study, a project involves no potential for any adverse effect, either individually or cumulatively on wildlife resources, no fee shall be paid.
(1) 
The City shall make the following findings of fact for a de minimis finding:
a. 
A brief description of the project and its location, including county;
b. 
A statement that an initial study has been conducted by the City so as to evaluate the potential for adverse environmental impact; and
c. 
A declaration that there is no evidence before the agency that the proposed project will have any potential for adverse effect on wildlife resources.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 11, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.803 County Clerk filing fees.

A fee set by the County Clerk shall be filed with the County Clerk along with any notice filed pursuant to this chapter.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 11, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.804 Administrative fee for EIR preparation.

At least 10% of the total cost for preparation of an environmental impact report shall be charged to the applicant by the City for administrative costs, unless otherwise specified by resolution or ordinance.
(§ 1, Ord. 2684 c.s., eff. April 17, 1993, as amended by § 11, Ord. 3125 c.s., eff. January 16, 2015)

§ 10-3.901 CEQA appeal requirements and procedures.

(a) 
"CEQA appeal" shall mean an appeal to the City Council from a non-elected decision-making body's or a non-elected decision-maker's decision approving, certifying, denying approval, or denying certification of an environmental impact report ("EIR"), a negative declaration ("ND") or mitigated negative declaration ("MND"), a determination that a project is exempt from CEQA pursuant to a statutory or categorical exemption, a subsequent or supplemental EIR, ND, or MND, addenda to a previously prepared CEQA document, master EIRs, focused EIRs, joint CEQA and NEPA documents, CEQA findings, CEQA statements of overriding considerations, or CEQA mitigation monitoring and reporting programs {collectively referenced as "CEQA documents" in this section). The appellants identified in subsections (a)(1) through (a)(3) of this section may file a CEQA appeal:
(1) 
Any person may appeal to the City Council the decision of either a non-elected decision-making body or a non-elected decision-maker approving or certifying ("approving" or "approval") a CEQA document; provided, however, that the appellant or any other person must have objected to the approval or certification of the project's CEQA document orally or in writing prior to the close of the final public hearing on which the CEQA document was acted upon by the non-elected decision-making body or individual. If no public hearing or other opportunity was provided to members of the public to raise objections, either orally or in writing, prior to the approval of the CEQA document, then the "objection" requirement of this subsection shall not apply. Any project applicant may appeal to the City Council the decision of a non-elected decision-making body or a non-elected decision-maker denying the approval or certification ("denying" or "denial") of a CEQA document for their project.
(2) 
The term "person" as used in this section shall mean and include, without limitation, any natural person, association, city, county, joint powers authority, special district or an agency thereof, state agency, federal agency, public corporation, private corporation (nonprofit or for profit), limited liability company, partnership, joint venture, utility, and any other organization.
(3) 
The Mayor or any member of the City Council may appeal on their own behalf any decision of a non-elected decision-making body or a non-elected decision-maker approving or denying certification of a CEQA document without fulfilling the requirements of subsection (a)(1), (a)(2), or (c) of this section; provided, however, that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that he or she has no predisposition against or in favor of the project.
(b) 
Time to file an appeal. Unless otherwise mandated by State law, an appeal of the approval or denial of a CEQA document by a non-elected decision-making body or a non-elected decision-maker shall be filed by the appellant and received by the City by 5:00 p.m. of the thirtieth (30) calendar day following the decision on the CEQA document (or the next working day if the thirtieth (30) calendar day falls on a weekend, holiday, or a day the City's offices are closed). In computing 30 calendar days, the day the non-elected City Body acts on the CEQA document shall be excluded. To appeal a CEQA exemption certification, the appeal shall be filed by the appellant and received by the City by 5:00 p.m. of the tenth (10th) calendar day following the decision on the CEQA document (or the next working day if the tenth (10th) calendar day falls on a weekend, holiday, or a day the City's offices are closed). In computing 10 calendar days, the day the non-elected City Body acts on the CEQA document shall be excluded.
For purposes of determining whether a CEQA appeal has been timely filed, the appeal will be deemed filed on the date upon which the City Clerk has received the individual's or group's appeal by email, letter or other form of written communication.
The City Clerk must notify the appellant upon receipt of any complete and timely appeal, or else what portion of the appeal is incomplete or if the appeal is untimely. If a filed appeal is deemed incomplete. The City Clerk shall notify the appellant of the reasons for the determination of incompleteness. The appellant shall have four calendar days to resubmit after notification. The time to cure the application applies notwithstanding the expiration of the appeal period. An appeal resubmitted within the foregoing cure period shall be deemed timely. The City Council shall have the sole power to resolve disputes over the completeness or validity of an appeal.
(c) 
Filing fee. The appellant shall pay a filing fee as set by resolution or ordinance, if any, to the office of the City Clerk, which shall be paid within five calendar days of the City Clerk notifying the appellant of the completeness and timely filing of the appeal. If the appeal is granted, the appellant(s) is (are) to be refunded their filing fee within 60 days.
(d) 
Place to file. The CEQA appeal and supporting documents must be filed with the office of the City Clerk. Hard copy or electronic submission is acceptable to meet this requirement. Electronic submission must be emailed directly to the City Clerk. Upon receipt of a CEQA appeal electronically, the City Clerk shall acknowledge receipt via response email to the appellant or appellants.
(e) 
Content requirements for a CEQA appeal. All CEQA appeals shall be in writing and shall contain the following information:
(1) 
A reference to the specific decision being appealed.
(2) 
The name, mailing address, email address, and telephone number of the person filing the CEQA appeal. The names of individuals or groups who wish to support the appeal may also be included.
(3) 
All grounds and issues for the CEQA appeal, specifying in detail why the appellant contends that the decision on the CEQA document does not comply with CEQA, and any supporting documentation. General environmental concerns without reference to the CEQA document or the non-elected decision-making body's actions shall not fulfill the requirements of this subsection. If new information that could not have reasonably been known to the public is discovered prior to the appeal hearing, the new information may be presented and shall be considered by the City Council in its appeal decision.
(4) 
If appellant has filed a concurrent appeal, then the appeal shall also include the information described in subsection (k).
(f) 
Hearing. Before the City Council acts on the CEQA appeal, a hearing on the matter shall be held in a timely fashion but in no event sooner than 60 days following the decision on the CEQA document. However, such a hearing may be continued from time to time upon consent of the project applicant whose project is subject to the CEQA appeal. City Council shall conduct a de nova review of the decision on the CEQA document. The City Clerk shall set and notice the hearing on appeal.
(g) 
Notice of hearing on a CEQA appeal.
(1) 
The City Clerk shall provide notice of the hearing to the appellant and the project applicant at least 14 calendar days after the filing of the appeal. Notice may be provided using any method reasonably calculated to provide notice to the appellant and the project applicant, including, but not limited to, mailing (posted marked), email, or telephone. Notice may be combined with other notices related to the same project. In the event of a continuance or adjournment, no additional noticing is required pursuant to this subsection. Failure of the City to comply with subsection (g)(1) or (g)(2) shall not constitute grounds for invalidating any action on a CEQA appeal unless the error was prejudicial and the party complaining suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. The City shall also provide notice by any one of the following methods:
a. 
By publication at least once in a newspaper of general circulation in the City not less than 10 calendar days prior to the date of the hearing;
b. 
By mailing a written notice thereof, not less than 10 days prior to the date of such hearing to the applicant, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available;
c. 
By posting such notice not less than 10 days prior to the date of such hearing to the applicant in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line; or
d. 
In the case of amendments to the text provisions of Title 10, and/or projects not dealing with any specific parcel of land, notification shall be by the method set out in subsection (g)(1)(a) of this section only.
(h) 
Appellant's time to file additional documentation. Any additional documents submitted by the appellant, including, but not limited to, presentations, must be transmitted to the City Clerk for inclusion in the public record by 5:00 p.m. on the calendar day immediately prior to the appeal hearing.
City staff presentations and supporting documents offered to the City Council for consideration during the appeal hearing shall be published at the time the agenda is posted for the appeal hearing and on the City website linked to the agenda item for the appeal hearing. The appellant(s) shall be notified of documents.
Appellant's may update appeal at any time to add more supporting documents or grounds and issues for the CEQA appeal until 15 days prior to the appeal hearing.
(i) 
Preemption of other appeal procedures. The appeal procedures of this section preempt all other appeal procedures in this Code for the purposes of a CEQA appeal. This includes, but is not limited to, the appeal procedures contained in Title 1, Chapter 4, and Section 2-9.712 of Title 2, Chapter 9, Article 7.
(j) 
Concurrent appeals. "Concurrent appeal" is defined as an appeal not based upon compliance with CEQA, but related to the same project. Such appeals may include, but are not limited to, the appeal of a Conditional Use Permit, the appeal of Planning Commission Design Review, or the appeal of other land use entitlements. Where the appellant has filed a concurrent appeal, the City Council shall consider the appeals concurrently at the same public hearing. An appeal pursuant to this section challenging a decision approving or denying a CEQA document, shall not constitute an appeal for any other actions taken by the non-elected decision-making body or the non-elected decision-maker unless:
(1) 
The "contents of the CEQA appeal" (described in subsection (e) of this section) specifies: (a) the other section of the Municipal Code or State law authorizing a concurrent appeal; and (b) the other action taken by the non-elected decision-making body or non-elected decision-maker which is contested by the appellant. An attachment of the concurrent appeal shall suffice; and
(2) 
The appellant fulfills all other non-CEQA appeal requirements of the Municipal Code or State law, including, but not limited to, payment of appeal fees for the concurrent appeal, in addition to the requirements contained in this section.
(k) 
Effect of a CEQA appeal. The filing of a CEQA appeal will stay the effect of all of the following until the City Council renders a decision on the CEQA appeal: (1) the CEQA document; (2) any project approval made pursuant to the CEQA document; (3) any notice of determination; and (4) Section 10-3.104 of Title 10, Chapter 3, Article 1. This subsection is only applicable to the party that was specifically named as the appellant in the appeal specified in subsection (e)(2} of this section. This subsection shall not apply to any third party who has not filed their own CEQA appeal.
(§ 12, Ord. 3125 c.s., eff. January 16, 2015, as amended by § 1, Ord. 3217 c.s., eff. November 5, 2021)