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PC Workshop -Materials distributed at Workshopr I I I 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 I t I No possible significant effect Statutory exemption Categorical exemption I I I r i r f Notice of Exemption may be filed Negative Declaration l 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 1 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