The California Environmental Quality Act (CEQA) statutes, Public Resources Code Division 13, Sections 21000—21177, as amended by the State of California January 1, 2000, and the Guidelines for Implementation of the California Environmental Quality Act (CEQA), California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000—15387 and Appendices A—K, as amended by the State of California December 1, 1999, are incorporated by reference as the environmental assessment objectives, criteria and procedural guidelines for the city. Where CEQA provisions, as amended, conflict with those of this chapter or those of the State CEQA Guidelines, as amended, the provisions of CEQA as amended shall take precedence.

(Ord. 1312 § 1 (part), 2000)

The director of development services or his designee shall administer the provisions of CEQA and of this chapter within the city. Provisions of this chapter shall repeal and supersede provisions of Ordinance No. 1002, adopted August 10, 1987.

(Ord. 1312 § 1 (part), 2000)

In making application for any project as defined by CEQA to any city commission, department, division or agency for any permit, right, privilege or other entitlement, the applicant shall provide the director of development services or his designee with the appropriate filing fee(s), a completed environmental information form and other data as required in order for the director of development services to conduct a preliminary environmental review.

(Ord. 1312 § 1 (part), 2000)

Following submittal by the applicant of an environmental information form and other data as required the director of development services or his designee shall determine if the application is complete. Following this determination, the director of development services or his designee shall determine if the application is subject to further provisions of CEQA. If the director of development services or his designee determines that CEQA categorically exempts the application from further environmental review, the director of development services or his designee shall so notify the applicant and, upon approval of the project, may file a notice of exemption with the clerk of the county board of supervisors. If the director of development services or his designee determines that the application is subject to further review under provisions of CEQA, an initial environmental study shall be conducted by the planning division

(Ord. 1312 § 1 (part), 2000)

A.

Notwithstanding any provision of this code designating the director of community development as the authorized body to approve or conditionally approve any planned development design, should the director of community development determine that the application is not subject to a CEQA exemption, the application for the planned development design shall be referred to, and subject to the approval by, the planning commission, which shall be the authorized body to consider any negative declaration, mitigated negative declaration or environmental impact report. The planning commission, on recommendation by the community development director or designee, shall review all initial environmental studies for projects as defined by CEQA, excepting initial studies for activities, programs or development proposals exempted from further environmental analysis by provisions of CEQA.

B.

Should the planning commission determine that the project will not have a significant effect on the environment, it shall issue a CEQA exemption, negative declaration or mitigated negative declaration for the project. Issuance of the mitigated negative declaration will be made concurrently with approval of the project by the planning commission. The mitigated negative declaration shall remain in effect until the expiration date of the city's permit or approval of the project. Following issuance of the mitigated negative declaration and approval of the project by the planning commission, the community development director or designee shall submit a notice of determination to the clerk of the county board of supervisors and/or State Clearinghouse, as appropriate, within the time prescribed by CEQA guidelines.

C.

If upon review of the submitted environmental information form, the community development director finds that the proposed project involves special circumstances such as possible unique environmental issues, potential hazardous technologies, or controversial environmental concerns, the city shall require that the project sponsors fund, in addition to the standard city environmental review fee, the preparation of an initial environmental study (IES) prepared by an environmental consultant selected by the city.

Should the community development director determine that the project may have a significant effect on the environment, he/she shall recommend that an environmental impact report be prepared for the project in accordance with CEQA requirements.

(Ord. No. 1645, § 3, 7-14-20)

A.

The planning commission reviews the possible environmental effects of any project except a precise plan of design application (as provided in Section 18.70.050(F)) or any project exempted by CEQA.

B.

Based on data provided by the applicant, on information developed by the initial environmental study, and on the recommendation of the development review committee, the planning commission shall determine whether the project may have a significant effect on the environment.

C.

The planning commission shall recommend to the city council either that a mitigated negative declaration be issued or that an environmental impact report be prepared for projects involving applications for general plan amendments, zone changes, specific plans, annexations or ordinance amendments.

D.

The planning commission shall make a final environmental determination on applications for tentative tract maps, lot splits, lot line adjustment, variances, conditional development permits (except as provided in Chapters 18.28 and 18.105) and/or recommendation by the development review committee that an environmental impact report be required for a project.

E.

Should the planning commission find that an application listed in Section 18.70.060(D) will not have a significant effect on the environment, the commission shall, prior to or concurrently with approval of the project, issue a mitigated negative declaration and shall direct the director of development services or his designee to file a notice of determination and to take other appropriate steps as required by CEQA and the provisions of this chapter.

F.

Any person aggrieved or affected by any decision of the planning commission regarding its environmental considerations may appeal to the city council within fifteen days after the date on which the planning commission makes its environmental finding. An appeal shall be filed in writing with the director of development services along with concurrent payment to the city of the fee in effect on the date of filing. The city council shall consider the appeal within thirty days after receipt of the written appeal and filing fee, and the city council may affirm, modify or reverse the decision of the planning commission.

(Ord. 1312 § 1 (part), 2000)

A.

Prior to or concurrently with its final consideration of a project, the city council shall review and make the final environmental determination on any project for which an environmental impact report has been prepared and on all applications for general plan amendments, zone changes, specific plans, annexations, ordinances or ordinance amendments, and conditional development permits, as described in chapters of the Rialto Municipal Code. Upon adoption of its final environmental determination, the city council will direct the director of development services or his designee to file a notice of determination and to take other appropriate steps as required by CEQA and the provisions of this chapter.

B.

During a period of not less than fifteen days nor more than thirty days following an environmental determination by the planning commission, the city council, may on its own motion, elect to review the environmental determination and may affirm, reverse or modify the finding.

(Ord. 1312 § 1 (part), 2000)

(Ord. No. 1645, § 3, 7-14-20)