PC Workshop -Materials distributed at Workshopr
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CURTIN'S CA LIF ORNIA LA N D USE AND PLANNING LAW
FIGURE B. CEOA FLOW CHART FOR LOCAL AGENCIES
~ Applicabon received
30-day review
Application accepted as complete
Public Agency determines whether the activity is a 'project"
Project
Public Agency determines
rf the project IS exempt
Not Exempt
PubliC agency prepares 1nrtial study to determine if the
project may have a significant effect on environmen t
30days
(optional 15-day extension)
Lead agency completed initial study
'
Project is ministerial
Exempt •
Lead agency decision to prepare EIR or Negative Declaration
EIR
Lead agency sends Notice of Preparation to responsible agency
30-day Review Period
:1 Lead agency prepanes draft EIR
Lead agency files Nobce of Completion and
g1ves public nobce of availability of draft EIR
45-day Public Review Period
(30 days for local projects)
Lead agency prepares final EIR 1ncluding
responses to comments on draft EIR
Consideration and approval of final EIR
by deciston-maktng body
Findings on feasibility of reducing or
avoidmg SIQntficant enVIronmental effects
L-D_e_~_·s_,o_n~on_p_ro_l_ec_t __________________ ~l ·
5deys
File Notice of Determination with County Clerk
146
Not a project ' ..
' I
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I No possible significant effect
Statutory exemption
Categorical exemption I
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i r
f
Notice of Exemption may
be filed
Negative Declaration
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Rep ri nted from Circulatio n and Notice
Under the Californ ia Environmental
Quality Act (January 1998), CE QA
Technical Advice Se ries, Governor's
Office of Planning and Research
Lead Agency g1ves public notice
of avaHability of
draft Negabve Declaration
30-day Public Review Period
(20 days for local projects)
Constderation and approval
of Negative Declaration
by decision-making body
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NOTES
Total time for a Negati ve Declaration, from complete
application to adoption of the Negat1ve Declarat ion
equa ls 180 days (Pub Res Code section 211 51 5,
Guidefines section 15107)
Total time for an EIR , from co mplete app lication
to certification of the EIR equals one year (Pub Res
Code section 21151 5, Guldehnes sedion 15108)
Pub. Res Code section 21151 5 allows a 'reasonable
extension" of these penods when agreeable to both the
lead agency and the project applicant, and when com-
pelling ~rcumstances ex1st Guidelines secbon 15108
defines lhls for EIRs as one 9Q.day extension
Guidelines section 15109 provides that the running
of these tim e per tods may be suspended when there
IS "unreasonable delay" by the applicant 1n providing to
the lead agency material necessary to comple te the
Negative Oeclarabon or EIR
Environmental Impact Reports
What are the purposes of an EIR?
Provide information to t he deciding body and the public regarding
• The significant env ironm enta l impacts of a proposed project
• Ways in which those impacts can be avoided or reduced with mitigation measures
• Alternatives to the p roj ect that reduce or avoid environmenta l impacts
Contents of an El R
• Pr oject Description
• For Each Topic (T r affic, Biology, Hydrology, etc.):
o Environmental Setting/Existing Conditions
o Potentia l Environmenta l Impacts
o Potentia l Mitigat ion Measures
o Conclusion of Level of Impact Sign ificance with Mitigation
• Less than Significant
• Sign ificant
• Sign if icant, Unavoidable
o Cumulative Impacts with Other Approved or Reasonably Foreseeable Pr ojects
• Potential Mitigation Measures
• Conclusion of Level of Impact Significance with Mitigati on
• Alternatives to eliminate or reduce envi ronmental impacts
• Summary of all potential impacts, mitigation measures, and a conclus ion of level of
im pact significance (generally in the front of the document)
• Technical Appendices with detailed reports (e .g., traffic, historic, etc.)
Rev iewing an EIR
• Do the conclusions regarding level of significance flow logically from the analysis
contained in the document?
• Is the document internally consistent between the Summary, main body, and
appendices?
• Is the document understandab le to the general pub lic?
Using an EIR
• An EIR is an informational document
• An EIR that is certified as complete and compliant with State law does not dictate a
recommendation or action on the project itself by the deciding body
• A certified EIR can be used for subsequent approvals related to a project or it can be the
basis for additional envi ronmenta l review
DECIDING BODIES FOR MAJOR PLANNING APPLICATIONS
N:\DEV\PC REPORTS\2015\DECIDING BODIES FOR MAJOR PLANNING APPLICATIONS.docx
APPLICATION TYPE RECOMMENDING BODY DECIDING BODY APPEAL BODY
General Plan Amendment
PC TC -
All Zoning changes, including Planned
Development
PC
TC
-
Conditional Use Permit with Alcoholic
Beverage Service
PC
TC
-
Conditional Use Permit with No Alcoholic
Beverage Service
-
PC
TC
Architecture & Site for Hillside Homes
with Compatibility Concerns or
Exceptions
Architecture & Site for Non-Hillside
Homes with Compatibility Concerns
-
PC
TC
Architecture & Site that Comply with
Guidelines and have No Compatibility
Concerns
-
DRC
PC => TC
Vesting Tentative Map
PC TC -
Tentative Map
- PC TC
Minor Residential
- CDD PC => TC
CDD: Planning Director (Town Code 29.20.700) DRC: Development Review Committee (Town Code 29.20.745)
PC: Planning Commission (Town Code 29.20.750) TC: Town Council (Town Code 29.20.755)
Hillside Development Standards and Guidelines (Pages 66 and 67)
N:\DEV\PC REPORTS\2015\Planning Application Process Chart.pdf Last updated on July 22, 2015
TOWN PROCESS FOR MAJOR PLANNING APPLICATIONS
CONCEPTUAL DEVELOPMENT
ADVISORY COMMITTEE
(optional)
General Plan Amendment
Rezoning
Planned Development Zoning
Conditional Use Permit
Architecture & Site Permit
Subdivision
APPLICATION SUBMITTAL
Meeting with Planner
Community Meetings
Additional Technical Review
Peer Review (Architect, Arborist, etc.)
Additional Analysis by Planner
Public Inquiries
PLAN REVISIONS
ENVIRONMENTAL REVIEW
Staff report synthesizes key issues,
relevant policies, draft conditions,
alternatives, and recommendation
PREPARATION FOR PUBLIC HEARING
PUBLIC HEARING AND APPEALS
Analysis by Town Departments
and outside Agencies
Analysis by Planner
Deficiency/Comment Memo
TECHNICAL EVALUATION
Review of Comment Memo with
applicant and Town Departments
TECHNICAL REVIEW COMMITTEE
HISTORIC
PRESERVATION
COMMITTEE, if needed
GENERAL PLAN
COMMITTEE, if needed