RES-9200 Revising Environmental Review GuidelinesRESOLUTION NO. 9200
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING AND REVISING THE
CITY OF ORANGE ENVIRONMENTAL REVIEW
GUIDELINES TO ADD A HISTORICAL RESOURCES
AND ENVIRONMENTAL REVIEW SECTION AND
MAKE OTHER MINOR REVISIONS.
WHEREAS, on June 13, 1995, the City Council adopted Resolution No. 8484, adopting
Environmental Review Guidelines for the City of Orange, which implemented the rules and
regulations contained in the California Environmental Quality Act ("CEQA"); and
WHEREAS, the Planning Commission has recommended that the City's Environmental
Review Guidelines be amended to add a Historical Resources and Environmental Review section
to provide consistency with new State CEQA Guidelines and provide quantifiable thresholds to
determine if a project involving a historic resource is subject to, or exempt from, CEQA; and
WHEREAS, the City Council, after public hearing thereon, has determined that the
City's Environmental Review Guidelines should be amended to add the provisions recommended
by the Planning Commission and to make other minor revisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
1. The City's Environmental Review Guidelines as established by Resolution No.
8484 are hereby amended as set forth in the attached Exhibit "A".
ADOPTED this 14th day of December, 1999.
ATTEST:
e::rk~
Cassandra J. Ca ,City Clerk of the City of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 14th day of December,
1999, by the following vote:
AYES: COUNCIL MEMBERS: MURPHY, SLATER. COONTZ. SPURGEON. ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Reso. No. 9200 2
CITY OF ORANGE
LOCAL CEQA GUIDELINES
Prepared by the Community Development Department
Adopted by City Council May 23, 1995
Revised December 14, 1999
EX"lBn A
CITY OF ORANGE
ENVIRONMENTAL REVIEW GUIDELINES
TABLE OF CONTENTS
I.Purpose of Guidelines and Regulatory Authority
II.Definitions
III.Environmental Review Process
A. Determining Applicability ofCEQA
B. Initial Study Process
C. Negative Declaration Process
D. Environmental Impact Report Process
IV.Historical Resources and Environmental Review
A. Identification of Historical Resources; Applicability
B. Impacts on Historical Resources; Design Standards;
Exemptions
C. Exemptions
D. Cumulative Impacts on Historical Resources
v.Staff Review Process
A. Community Development Department
B. Staff Review Committee (SRC)
VI.Approval Authority
A. Planning Commission
B. City Council
VII.Appeal Process
VIII.Fees
IX.Document Preparation
x. Appendices
Appendix A - Examples of Activities Not Subject to Environmental
Review Appendix
B - Examples of Activities that may be Subject to Environmental Review
Appendix C -
Process Flow Charts Appendix D - Environmental
Forms Appendix E - Guide to
Determine Significance Appendix F - Supplemental Documents Page
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City of Orange
Environmental Review Guidelines
Pagel
I. Purpose of Guidelines and Regulatory Authority
The purpose of these Local CEQA Guidelines is to provide the City and anyone intending to
carry out a project within the City of Orange with the requirements of the environmental review
process established according to State law, local ordinance, and City practices. These Local
CEQA Guidelines serve to augment those procedures contained in the California Environmental
Quality Act (Public Resources Code [pRC] Section 21000 et seq.), referred to as CEQA or
CEQA Statues, and the State CEQA Guidelines (Title 14, California Code of Regulations [CCR],
Chapter 3, Section 15000 et seq.). The intent of CEQA is to ensure adequate consideration and
analysis of potential environmental impacts anticipated to result from approval of discretionary
actions.
The authority to adopt these Local CEQA Guidelines is granted under Public Resources Code
Section 21082, the California Environmental Quality Act, which requires public agencies to
adopt local environmental review guidelines.
A copy of the CEQA Statues and CEQA Guidelines is on file at the City of Orange Community
Development Depar1ment. The primary responsibility for implementing the provisions of CEQA
and these Local CEQA Guidelines for the City of Orange shall be with the Community
Development Director.
n. Definitions
California Environmental Quality Act (CEQA) means Public Resources Code, Sections 21000 et
seq., as amended.
CEQA Guidelines means the "Guidelines for Implementation of the California Environmental
Quality Act", prepared by the State Office of Planning and Research. (Note: This document was
prepared using the June, 1992 CEQA Guidelines.)
SRC means the City of Orange Staff Review Committee. See Section V of these guidelines for a
description of the SRC's purpose, powers & duties in regard to environmental review.
All definitions contained in CEQA and the CEQA Guidelines shall also apply to this document.
m. Environmental Review Process
A. Determining the Applicability of CEQA. The first step in the review process is to
determine whether an activity is subject to environmental review according to CEQA.
1. Activities Not Subject to Environmental Review. There are two types of
activities which are not subject to environmental review as described below and
exemplified in Appendix A.
City of Orange
Environmental Review Guidelines
Page 2
Activities that are not "Projects" as defmed by CEQA Guidelines Section 15378
are not subject to CEQA or these guidelines. A project can generally be
described as an action that requires discretionary approval. Appendix B lists
typical projects that require discretionary approval.
Activities that are "Ministerial Projects" as defined as the CEQA Guidelines are
not subject to CEQA or these local guidelines. Ministerial is a term describing a
decision that involves "little or no personal judgement by the public official as to
the wisdom or manner of carrying out the project." Ministerial decisions involve
only the use of fIxed standards or objective measurements (such as the Uniform
Building Code, Orange Municipal Code, Public Works Manual of Grading, etc.)
and the public official cannot use subjective judgment in deciding whether or
how the project should be carried out.
Exc<:ptions. There may be instances where unusual circumstances cause an
activity that is generally not subject to CEQA to be considered a discretionary
action and thus, subject to CEQA. An example of such an activity might be the
issuance of a building permit (which is generally considered ministerial) that
because of special circumstances is determined to have the potential to cause a
signifIcant effect on the environment such as: a building permit to build a single
family home upon a property with an active geological fault
2. Projects that are Exempt from Environmental Review. There are certain
activities, which are considered discretionary projects, that are exempt from the
environmental review process according to CEQA. Upon approval of an exempt
project, a Notice of Exemption (NOE) form may be completed and submitted to
the Orange County Oerk for public posting at the request of the applicant. A
processing fee is required to submit an NOE, and is the responsibility of the
project proponent. The City's Planning Division will submit the NOE and the
processing fee for the proponent After the required 30 day posting period, the
County Oerk returns the NOE to the City for filing.
a. Statutory Exemptions. Projects that qualify for a statutory exemption
are discussed in CEQA Guidelines Article 18, and do not require further
environmental review. Those projects include items such as feasibility
and planning studies, general plan time extensions, and emergency
projects.
b. Categorical Exemptions. Projects that qualify for a categorical
exemption are discussed in CEQA Guidelines Article 19, and do not
require further environmental review. There are over 30 classifIcations
of categorical exemptions of activities which have been determined not
to have a signifIcant effect on the environment. Categorical exemptions
include such activities as minor additions to exiting commercial
buildings, conversions of small structures from one use to another that
City of Orange
Environmental Review Guidelines
Page 3
require minor exterior building modifications, or changing of land uses
to another permitted use.
Exce.ptions. Pursuant to CEQA Guidelines Section 15300.2, there may
be instances where unusual circumstances cause a project that qualifies
for a categorical exemption to be subject to environmental review. An
example of such a project might be the construction of a small
commercial structure, which is exempt from environmental review
under Categorical Exemption 15303, but because its proposed use as a
drive through operation could potentially generate traffic and air quality
impacts, it would be subject to environmental review.
c. "General Rule" Exemptions. Where it can be seen with certainty that
there is no possibility that an activity may have a significant effect on
the environment, the activity is not subject to CEQA or these guidelines.
This is discussed in CEQA Guidelines Section 15061(b3).
B. Initial Study Process. When a project is subject to CEQA and is not exempt as
described above, an Initial Study shall be prepared according to the requirements
outlined in CEQA Guidelines Section 15063. The initial study is used to determine
whether a project may have a significant effect on the environment, and whether the
potential effects can be reduced to a level of insignificance. This information in turn
determines the type of environmental documentation that is required. The initial study
process is also used to determine the lead agency responsible for preparing the
environmental documentation and for coordinating the environmental review process.
The process for conducting an initial study is a follows:
I. A checklist is used to identify the potential environmental impaC'.s of the project.
Yes", "no", or "maybe" must be checked for each environmental impact
category, and written analysis must be provided to suppon the particular
response checked. See Appendix D - Environmental Forms for a copy of the checklist.
2.
The City, through the Staff Review Committee process, makes a determination as
to whether the impacts are significant in accordance with Guidelines Section 15064.
Determination of significance is key to the environmental process, and is made
through careful judgment based upon scientific and factual data as well as City
goals and community standards. In determining the significance of an effect,
both direct and indirect effects and cumulative effects must be considered.
Appendix E contains a guide from the CEQA Guidelines that helps determine
whether impacts are potentially significant 3.
If there is substantial evidence that the project may have a significant impact then
the lead agency prepares or causes the preparation of an EIR
City of Orange
Environmental Review Guidelines
Page 4
4. If there is not substantial evidence that the project may have a significant
environmental impact, or if there are potential impacts that can be mitigated to a
degree that the impacts will not be significant, then the City will prepare or
cause the preparation of a Negative Declaration or Mitigated Negative
Declaration.
C. Negative Declaration Process. The negative declaration process is used when an initial
study indicates that a project will result in minimal environmental impacts. There are
two types of negative declarations; a (non-mitigated) negative declaration and
a mitigated negative declaration. The negative declaration process is the same for
both types of documentation, and requires notification and public review as discussed
in CEQA Guidelines Sections 15072-15073. No action may be taken on a
project until completion of the negative declaration
review process.1. Negative Declaration. When no significant effects are identified
through the initial study process, a negative declaration is prepared in
accordance with CEQA Guidelines Sections 15070-15071. A negative
declaration includes a specific finding that states that the project will not have significant
effects on the environment
or wildlife resources.2. Mitigated Negative Declaration. When significant effects are
identified, but can be reduced or eliminated by requiring compliance to
mitigation measures, a mitigated negative declaration is prepared in accordance
with CEQA Guidelines Sections 15070-15071. In general, a mitigated negative
declaration rather than a full EIR will be prepared when potential impacts
clearly can be mitigated.Mitigation measures shall be written to identify what
is required, when the mitigation measure is required and when compliance is
monitored, and who is responsible for monitoring or coordinating the
monitoring of the mitigation measure. Mitigation measures are required to
be fully enforceable through permit conditions, agreements, or other measures.
See Appendix D -Environmental Forms for the Mitigation Monitoring Sample
Format, and also reference the City of Orange
Mitigation Monitoring Program.3. Within 2 days of the approval of a project for which a
Negative Declaration or Mitigated Negative Declaration is prepared, the applicant shall
deliver to the Planning Division a cashier's check payable to the County Cleric,
in an amount required to fulfill the fee requirements of the Fish and
Game Code Section 711.4(d) (2) and the County administrative fee, in order to enable the
City to file the Notice of Determination as described below. If the
applicant does not deliver the required fees within 2 days, the approval for the
project granted shall be void. If, through project approval, a finding is made that the
project will not have significant effects on the environment or wildlife resources
as defined by Section 711.2 of the California Fish and Game Code, then a
Certificate of Fee Exemption will also be filed
City of Orange
Environmental Review Guidelines
Page 5
4. Within 5 days of the fmal approval of a project for which a Negative Declaration
or Mitigated Negative Declaration is prepared, a Notice of Detennination (NOD)
shall be prepared, in accordance with CEQA Guidelines Section 15904, and filed
with the Orange COIUlty Clerk. A project is deemed to be fmally approved by
the Planning Commission at the close of the appeal period, and by the City
Council upon adoption of the resolution approving the project. When the project
requires discretionary approval from a state agency, the NOD is also filed with
the State Office of Planning and Research.
D. Environmental Impact Report Process. An Environmental Impact Report (EIR) is
required when it is determined through the initial study process that there is a fair
argument, backed by substantial evidence, that a project may have a significant effect on
the environment. No action may be taken on the project until completion of the EIR
process. The process for preparing an EIR occurs as follows:
1. To begin the EIR process, a Notice of Preparation (NOP) shall be prepared and
distributed to all responsible agencies, trustee agencies involved with approving
or funding the project, adjacent cities, and citizens who have expressed an
interest in being notified of the project review, as discussed in CEQA Guidelines
Section 15082. See Appendix D - Environmental Forms for a sample format of a
NOP.2.
Scoping meetings may be held during the preparation of the draft EIR as described
in CEQA Guidelines Section 15082. Scoping meetings are not required
by CEQA, but may be helpful to the project's public disclosure process.Also,
if held early in the process, scoping meetings can be used to identify and address
issues of public concern.3.
Preparation of the draft EIR should incorporate comments received as responses to
the NOP. The required contents of the draft EIR are described in CEQA Guidelines
Article 9. Further, CEQA Guidelines Article 10 provides helpful guidance
in writing and/or preparing EIRs.4.
After Completion of the draft EIR, a Notice of Completion (NOC) shall be filed with
the State Office of Planning and Research in accordance with CEQA Guidelines
Section 15085. A public notice of the availability of the draft EIR shall
be prepared and distributed at the same time the NOC is sent, in accordance with
CEQA Guidelines Section 15087. Any requests to shorten the required review
period must be made through the City Manager to the State Clearinghouse.
5.
After completion of the draft EIR public review period, a fmal EIR shall be prepared
in accordance with CEQA Guidelines Sections 15089. Required contents
ofa final EIR are specified in Section 15132.
City of Orange
Environmental Review Guidelines
Page 6
6. Within 2 days of the final approval of a project for which an EIR is prepared, the
applicant shall deliver to the Planning Division a cashier's check payable to the
Orange COIDlty Clerk, in an amount required to fulfill the fee requirements of the
Fish and Game Code Section 711.4(d) (2) and the County administrative fee, in
order to enable the City to file the Notice of Determination as described below.
If the applicant does not deliver the required fees within 2 days, the approval for
the project granted shall be void.
7. Within 5 days of the approval of a project for which an EIR is prepared, a Notice
of Determination (NOD) shall be prepared, in accordance with CEQA
Guidelines Section 15904, and filed with the Orange County Clerk. When the
project requires discretionary approval from a state agency, the NOD is also
filed with the State Office of Planning and Research.
IV. Historical Resonrces and Environmental Review
A. Identification of Historical Resources; Applicability. CEQA Statues ~ 21084.1
defines an "historical resource," as "a resource listed in, or determined eligible for listing
in, the California Register of Historical Resources. Historical resources included in a
local register of historical resources, as defined in subdivision (k) of [pRe] Section
5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of [pRe]
Section 5024.1, are presumed to be historically or culturally significant for purposes of
this section, unless the preponderance of the evidence demonstrates that the resource is
not historically or culturally significant." Without limiting the forgoing, historical
resources in the City of Orange have historic district overlay zoning defined in Orange
Municipal Code Chapter 17.17 Historic Districts (~ 17.17 et seq.), hereinafter "local
historic district". Provisions of these Local CEQA Guidelines shall apply only to the
local historic district.
B. Impacts on Historical Resonrces; Design Standards; Exemptions. Local CEQA
Guidelines shall employ a combination of State CEQA Guidelines and local rules and
regulations.
1. Design Standards Authority
Projects shall be judged for consistency with both the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, and the Old Towne Design Standards. The Old Towne Design
Standards incorporate the Secretary of the Interior's Standards for Rehabilitation
and are more specific in nature; therefore, projects which are determined to be
consistent with the Old Towne Design Standards are also deemed to be
consistent with the Secretary of the Interior's Standards for Rehabilitation.
a. CEQA Guidelines ~ 15064.5 Determining the Significance of Impacts to
City of Orange
Environmental Review Guidelines
Page 7
Archeological and Historical Resources contains the following
provision:
b)(3) Generally, a project that follows the Secretary of the Interior's
Standards for Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings or the Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and
Grimmer, shall be considered as mitigated to a level of less than a
significant impact on the historical resource."
b. Historic Preservation Design Standards for Old Towne (the "Old Towne
Design Standards") approved by City Council on June 13, 1995, adopted
by City COImcil Resolution #8488 on July 11, 1995, revised by City
Council Resolution #8996 on August 25, 1998, revised by City Council
Resolution #9201 on December 14, 1999 incorporate the Secretary of
the Interior's Standards for Rehabilitation. Old Towne Design Standards
shall be used in assessing effects a project may have on the environment.
2. Substantial Adverse Change Defined
CEQA Statues S 21084.1 Effects on Historical Resources contains the following
provision:
A project that may cause a substantial adverse change in the significance of an
historical resource is a project that may have a significant effect on the
enviromnent. rt
3. City Application of Substantial Adverse Change
The following projects may involve substantial adverse change to historical
resources are not considered exempt and shall be subject to CEQA review.
a. The basic threshold for substantial adverse change to an historical
resource under these Local CEQA Guidelines shall be a project which
threatens loss or destruction of the qualities which caused original
formation of the local historic district, listing in and/or determination of
eligibility for listing in the National Register or Califomia Register as
determined by the Community Development Director (emphasis added).
Authority cited, 36 CFR S 60.15 Removing properties from the
National Register).
b. Additional thresholds for substantial adverse change under these Local
CEQA Guidelines shall include any of the following. Findings shall be
made by the Community Development Director.
City of Orange
Environmental Review Guidelines
PageS
1. Demolition of more than 20% of the floor area ofa primary
historical resource.
ii. Any demolition including partial demolition of 20% or less of
the floor area of a primary historical resource which does not
further an approved alteration or addition in conformance with
Old Towne Design Standards.
iii. Alteration to property or parcel of an historical resource
including additions, new buildings, hardscape or landscape
which adversely effects the primary historical resource and/or
secondary historical resource immediately adjacent to a
sidewalk or other public way, adjoining properties, or
immediately surrounding neighborhood. Such alterations shall
be judged primarily when viewed from the street, sidewalk or
other public way and secondarily from adjoining properties or
neighborhood contexts.
IV. Alteration which removes existing exterior historic building
material from a primary historical resource including but not
limited to siding, window and door frames, sash and/or door
leaves and does not replace these elements with in kind
materials (emphasis added).
C. Exemptions
1. State Exemptions
Two categorical exemptions tmder Article 19 of State CEQA Guidelines apply.
a. ~ 15331 Historical Resource RestorationlRehabilitation states, "Class 31
consists of projects limited to maintenance, repair, stabilization,
rehabilitation, restoration, preservation, conservation or reconstruction
of historical resources in a manner consistent with the Secretary of the
Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings (1995), Weeks and Grimmer."
b. ~ 15332 In-Fill Development Projects states, "Class 32 consists
of projects characterized as in-fill development meeting
the conditions described in this section. (a) The project is consistent
with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation
and regulations.b) The proposed development occurs within city limits on a
project site of no more than five acres substantially surrounded by urban
uses. (c)The project site has no value as habitat for endangered,
rare or threatened species. (d) Approval of the project would not result
in any significant effects relating to traffic, noise, air quality, or
City of Orange
Environmental Review Guidelines
Page 9
e) The site can be adequately serviced by all required utilities and
public services."
2. City Exemptions
Project exempt under these Local CEQA Guidelines shall include the following.
Findings shall be made by the COmImmity Development Director.
a. Demolition of less than 20% of the floor area of a primary historical
resource which furthers an approved alteration or addition in
conformance with Old Towne Design Standards. Primary historical
resource includes a principal residence or non-residential building
or structure on a property or
parcel.b. Demolition of a secondary historical resource which furthers
an approved alteration, addition or new construction in conformance
with Old Towne Design Standards. Secondary historical resource includes
an accessory structure, such as a garden shed, less than 120 square feet
or accessory structure, such as garage, exceeding 120 square
feet.Accessory structures located immediately adjacent to a sidewalk or
other public way may be considered primary historical resource at
discretion of Community Development
Director.c. Replacement of severely deteriorated or irreparable exterior
historic building material including but not limited to siding, window and
door frames, sash or door leaves with in kind materials matching
existing materials in species, design, texture and color (emphasis
added).d. Alteration to property or parcel of an historical resource
including additions, new buildings, hardscape or landscape which does
not adversely effect the historical resource, adjoining properties
or immediately surrounding neighborhood. Such alterations shall
be judged primarily when viewed from the street, sidewalk or other
public way and secondarily from adjoining properties or
neighborhood
contexts.D. Cumulative Impacts on Historical
Resources 1. Cumulative Impacts
Defined As provided in CEQA Guidelines ~ 15355, "Cumulative impacts refers to two
or more individual effects which, when considered together, are considerable
or which compound or increase other environmental impacts. (a) The
individual effects may be changes resulting from a single project or a number of
separate projects. (b) The cumulative impact from several projects is the change in
the environment which results from the incremental impact of the project
City afOrange
Environmental Review Guidelines
Page 10
added to other closely related past, present, and reasonably foreseeable probable
future projects. Cumulative impacts can result from individually minor but
collectively significant projects taking place over a period of time."
2. Reduction of Cumulative Impacts
In order to manage potential cumulative impacts on individual historical
resources and historic district(s) as a whole, City shall rigorously enforce these
Local CEQA Guidelines by:
a. Considering historical resources of primary importance and making
every effort to repair rather than replace historic building materials and
use of in kind materials for replacement of severely deteriorated historic
building materials reduces cumulative impacts on historical resources.
Use of in kind materials for alterations and additions to historical
resources shall be encouraged; use of alternate materials on historical
resources, alterations and additions shall be discouraged. Additions
shall be compatible in scale and character, use in kind materials, and be
differentiated from existing by a change in plane, reveal or other
demarcation.
b. Ensuring new infill development within the local historic district is
consistent with the scale and character of the district as a whole and
adjacent historic resources is also important and reduces cumulative
impacts. Use of in kind materials on new infill development shall be
encouraged, but not required; and use of alternate materials may be
allowed.
3. Assessment of Cumulative Impacts
In order to assess cumulative impacts on historical resources over time,
Community Development Director shall periodically report to Planning
Commission summarizing number, location (address and district map showing
location), value (estimated on permit), and relative success of Old Towne Design
Standards and these Local CEQA Guidelines employed in assessing individual
project and cumulative impacts of multiple projects involving historical
resources. In such periodic report the Community Development Director shall
evaluate threats of loss or destruction of the qualities which caused original
formation of the local historic district, listing in and/or determination of
eligibility for listing in the National Register or California Register. If Planning
Commission concurs individual and multiple projects processed during the
reporting period have not exceeded thresholds for substantial adverse change to
historic district as a whole, then cumulative impacts have been effectively
managed.
City of Orange
Environmental Review Guidelines
Page 11
V. Staff Review Process
A. Community Development Department. The primary responsibility for implementingtheprovisionsofCEQAandtheseenvironmentalreviewguidelines, when applicable to
land use development projects, shall be with the Community Development Department.
Projects initiated or authorized by other City departments shall be implemented in
accordance with the provisions of CEQA and these guidelines by the departmentinvolved. The Community Development Director or an appointee shall be responsible to
coordinate the preparation of environmental documentation for individual projects,
including the interdepartmental review function of the Staff Review Committee (SRC).These responsibilities include the following:
1. Review proposed activities and determine the applicability of CEQA and these
guidelines based upon the discussion contained in Section III(A).
2. Place all projects on an agenda for review by the SRC, unless such projects are
clearly exempt from the provisions of CEQA. Distribute and post the SRC's
meeting agenda, and convey the SRC findings to the project proponents and
decision makers.
3. Coordinate the preparation and processing of environmental documentation
through the public hearing process.
4. Coordinate the preparation of required noticing for environmental documents,
including the circulation of documents through the State Office of Planning and
Research or other agencies with reviewing and/or approving authority.
5. File Notices of Determination and Certificates of Fee Exemption.
6. Maintain all environmental records such as Notices of Determination, Notices of
Preparation, Initial Studies, Negative Declarations, Mitigated Negative
Declarations, and Environmental Impact Reports.
7. For City land use development or related projects, prepare a project's scope of
work, schedule and budget; and administer consultant contracts.
8. Assume the responsibility of the Mitigation Monitoring Manager for land use
development or related projects as described in the City's Mitigation Monitoring
Program handbook.
9. Coordinate the review and comment upon environmental documentation
circulated by other cities and agencies.
B. Staff Review Committee. The Staff Review Committee (SRC) shall be composed of
the Current Planning Manager (who shall be the chairperson), Chief Building Official,
Economic Development Director, Public Works Director/City Engineer, Community
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Environmental Review Guidelines
Page 12
Services Director, Fire Chief, Police Chief, and/or their designated technical
representatives.
1. Purpose. The SRC is established to assist in the implementation of CEQA and
these environmental review guidelines.
2. Powers & Duties. The SRC shall have the authority to review all environmental
documentation and shall:
a. Determine whether additional information is required to evaluate and
determine a proposed activity's potential environmental effects.
b. Determine whether there is substantial evidence that a project will result
in significant environmental effects.
c. Determine if consultant assistance is required, due to the significance of
the activity or the teclmical knowledge needed, in the preparation of
environmental documentation or in the review of environmental
documentation prepared for other cities/agencies.
d. Recommend upon project modifications and mitigation measures that
will reduce or eliminate significant environmental effects.
e. Recommend upon environmental documentation to the Planning
Commission and/or City Council for final determination.
3. Meetings. The SRC shall meet weekly as needed. Agendas shall be posted prior
to the meeting at City HalL The SRC shall adopt rules and regulations to govem
the procedures at the meetings and to establish a time for such meetings.
VI. Approval Authority
A. Planning Commission. The Planning Commission is established through the provisions
of Title 2, Chapter 2.64 of the Orange Municipal Code. In addition, the Planning
Commission shall have the authority to approve or deny negative declarations, mitigated
negative declarations and any other forms of environmental documentation under the
following circumstances:
1. If prepared in conjunction with a project requiring discretionary review by the
Planning Commission, when the Planning Commission has the final authority to
approve or deny the associated project; or,
2. If prepared for a project that is found to have the potential to impact the
environment, when no discretionary application is required; or,
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Environmental Review Guidelines
Page 13
3. If prepared for a City Public Works project for which funding has been
previously approved by the City Council and which is consistent with the
General Plan; or,
4. If prepared for a City Water Department project for which funding has been
previously approved by the City Council and which fulfills a demand created by
development consistent with the General Plan.
When a project requires circulation through the State Office of Planning and Research,
the review period shall be completed prior to the Planning Commission public hearing
regardless of whether the Planning Commission decision is a recommendation to the
City Councilor a final action. The hearing shall be scheduled to provide a reasonable
time frame in which to prepare a response to comments for the Planning Commission's
reVIew.
B. City Council. The City Council has the final approval authority over all environmental
documentation, as follows:
1. When a recommendation is made by the Planning Commission;
2. When a project decision is appealed; and,
3. When an EIR is prepared, even if the project itself would otherwise require
discretionary action by the Planning Commission only.
VII. Appeal Process. Any action taken by the Community Development Department or Staff
Review Committee in the administration of these environmental guidelines may be appealed by
any person aggrieved, or by an officer, commission or department in the City, in accordance with
the appeal procedure described in Orange Municipal Code Chapter 17.08. Such appeals can be
made to the Planning Commission. Any action taken by the Planning Commission may be
appealed to the City Council.
VIII. Fees. A filing fee, as determined by City Council resolution, shall accompany environmental
review applications for any action taken under the provisions of these guidelines. Any
applications made by the City or any of its representatives shall be exempted from this
requirement.
IX. Document Preparation. Preparation of required documentation may be done by the City,
consultants hired by the City, or consultants hired by the project proponents. If hired by the
project proponent, all documentation shall be prepared under direct supervision of the City, and
according to the requirements of the City. All documentation will be reviewed by and completed
to the satisfaction of the City.
CITY OF ORANGE
LOCAL CEQA GUIDELINES
APPENDICES