HomeMy WebLinkAboutReso 133-16 Rescinding Reso 20-90 & CEQA guidelines RESOLUTION NO. 133-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCINDING RESOLUTION NO. 20-90 AND ADOPTING THE DUBLIN CEQA
GUIDELINES AND PROCEDURES
WHEREAS, the State of California Environmental Quality Act (CEQA) Guidelines Section
15022, adopted pursuant to the California Environmental Quality Act, require cities to adopt
guidelines consistent with CEQA and the State guidelines; and
WHEREAS, on February 26, 1990, the Dublin City Council adopted Resolution No. 20-90
adopting the City's original Dublin Environmental Guidelines; and
WHEREAS, numerous changes in State Law and have been adopted since that time and the
City's Environmental Guidelines require updating to reflect current law, procedure, and process; and
WHEREAS, a Staff Report was submitted that described the proposed Dublin CEQA
Guidelines and Procedures and recommended City Council adoption of the Guidelines; and
WHEREAS, the document being adopted is the Dublin CEQA Guidelines and Procedures
document itself, exclusive of Appendices A-E. The language contained within these appendices is
expected to be refined and modified over time and as new forms are developed and as information in
the appendices and on the forms is updated. It is intended that refinements to the appendices and
forms will not require review and reconsideration by the City Council; and
WHEREAS, the City Council heard and considered all said reports, recommendations and
testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
rescinds Resolution 20-90 and adopts the Dublin CEQA Guidelines and Procedures attached hereto
as Exhibit A.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2016, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
iLtif
Mayor
ATTEST:
City Clerk
Reso No. 133-16,Adopted 6-19-16, Item 8.4 Page 1 of 1
,44,J2,4 4 .4
iii* , r,,Awq
I
, vii fi-i
, ^ .t
. 4..-;•
--1
CALIFORNIA
Dublin CEQA Guidelines and Procedures
Adopted by City Councii Resolution xx-xx nn xxxxx xx, 2016
Produced in cooperation with Kimley Horn
City of Dublin Dublin CEQA Guidelines and Procedures
Table of Contents I Page i
Table of Contents
1 Introduction 1-1
1.1 Purpose and Applicability 1-1
1.2 Incorporation of State CEQA Guidelines 1-1
1.3 Public Participation and Consultation 1-1
2 Roles and Responsibilities 2-1
3 Dublin CEQA Policies 3-1
3.1 General Policies 3-1
3.2 General Purpose of CEQA 3-1
3.3 Reducing Delay and Paperwork 3-1
3.4 General Responsibilities 3-2
4 Environmental Determinations 4-1
4.1 Preliminary Evaluation 4-1
4.2 Initial Study 4-1
5 Projects Exempt from Environmental Review 5-1
5.1 Actions Subject to CEQA 5-1
5.2 Ministerial Actions 5-1
5.3 Preliminary Exemption Assessment 5-2
5.4 Statutory Exemption 5-2
5.5 Categorical Exemptions 5-2
5.6 Notice of Exemption (NOE) 5-2
5.7 Previous Environmental Document 5-3
6 Negative/Mitigated Negative Declaration 6-1
6.1 Negative Declaration 6-1
6.2 Mitigated Negative Declaration 6-1
6.3 Contents of Negative/Mitigated Negative Declarations 6-1
6.4 Processing of Negative/Mitigated Negative Declarations 6-1
7 Environmental Impact Report 7-1
7.1 Environmental Impact Report Required 7-1
7.2 General Requirements 7-1
July 19,2016..
City of Dublin Dublin CEQA Guidelines and Procedures
Table of Contents I Page ii
7.3 Processing an EIR 7-2
8 Mitigation Monitoring or Reporting Program 8-1
8.1 Mitigation Monitoring Procedures 8-1
9 Other Considerations 9-1
9.1 Inspection of Documents 9-1
9.2 Procedures for the City as a Responsible Agency 9-1
9.3 Amendments 9-1
Appendices
A. Definitions
B. Responsible Agencies Contact List
C. CEQA Filing Procedures
D. Index to Environmental Filing to the OPR
E. Dublin CEQA Forms
1. Notice of Exemption
2. Negative Declaration/Mitigated Negative Declaration
3. Notice of Intent to Adopt a Negative Declaration
4. Notice of Intent to Adopt a Mitigated Negative Declaration
5. Notice of Preparation—Draft Environmental Impact Report
6. Notice of Completion and Environmental Document Transmittal
7. Initial Study
8. Notice of Availability—Draft EIR
9. Notice of Determination
10. CA Department of Fish and Wildlife No Effect Determination Request Form
11. Mitigation Monitoring or Reporting Program
List of Figures
Figure 1: CEQA Process Flow Chart
July 19,20:16
City of Dublin Dublin CEQA Guidelines and Procedures
Introduction Page 14
1 Introduction
1.1 Purpose and Appiicabllity
The purpose of these Dublin CEQA Guidelines and Procedures (Guidelines) is to provide officials
of the City of Dublin and private individuals with the environmental review requirements as set
forth in Sections 21000, et seq., of the Public Resources Code (California Environmental Quality
Act of 1970 (CEQA)), as amended.These Guidelines are adopted pursuant to CEQA section
21082 and State CEQA Guidelines section 15022 to set forth the local objectives, criteria and
procedures for administration of CEQA in the City of Dublin. These Guidelines will also help to
streamline the environmental review process, consistent with State Law.
Various CEQA sample forms are included in Appendix E: Dublin CEQA Forms and are intended
to encourage the thoughtful assessment of the City's actions; however, use of the attached
forms is not mandatory and the City may choose to use any form that meets CEQA's
requirements.
These Guidelines shall apply to all projects, both public and private, where the City of Dublin
(the City) has the authority to regulate, approve or disapprove, except as otherwise provided
herein. For matters not specifically addressed by these guidelines, the State CEQA Statutes and
CEQA Guidelines shall govern. Proper implementation of CEQA is the responsibility of the
department within the City that is managing a project, processing an application, or
implementing a project where the Lead Agency is the City of Dublin.
These Guidelines replace in its entirety the Dublin Environmental Guidelines, adopted by the
Dublin City Council through Resolution 20-90 on February 26, 1990.
1.2 Incorporation of State CEQA Guidelines
The City hereby incorporates by reference the State CEQA Guidelines contained in Title 14
California Code of Regulations, Sections 15000 et seq. The City also incorporates all future
amendments and additions to those guidelines as may from time to time be adopted by the
State. In the event of a conflict between these Guidelines and the State CEQA Statutes and
CEQA Guidelines,the latter shall control.
1.3 Public Participation and Consultation
Public involvement is an essential feature of CEQA.The environmental review process provides
the opportunity for interested citizens to participate in project planning and government
decision-making through scoping, public notice and public review of CEQA documents, and by
requiring agencies to respond to public comments on EIRs. These local procedures are a means
to further facilitate the public participation process within the City as it relates to
environmental review and CEQA compliance.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Introduction I Page :1-22
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Roles and Responsibilities I Page J`1.
2 Roles and Responsibilities
For the purpose of these Guidelines,the following procedural responsibilities shall be followed.
2.1.1 City Council
When the City Council is the final decision-making body on a project,the City Council has the
authority for CEQA compliance, including but not limited to certifying Final EIRs, approving
Mitigated Negative Declarations and Negative Declarations, and Addenda, and making
exemption determinations.
The City Council also acts as the appeal board for Planning Commission decisions on
environmental determinations.
2.1.2 Planning Commission
When the Planning Commission is the final decision-making body on a project,the Planning
Commission has the authority for CEQA compliance, including but not limited to certifying Final
EIRs, approving Mitigated Negative Declarations, Negative Declarations, and Addenda, and
making exemption determinations.
When the Planning Commission acts as a recommending body on a project, the Planning
Commission shall review and consider the environmental determination or document prior to
making its recommendation to the City Council on the project.
The Planning Commission also acts as the appeal board for Community Development Director
decisions on environmental determinations.
2.1.3 Community Development Director
When the Community Development Director is the final decision-maker on a project, the
Director has the authority for CEQA compliance, including exemption determinations. However,
the Community Development Director does not have the authority to certify Final EIRs or
approve Mitigated Negative Declarations, Negative Declarations, or CEQA Addenda.
The Community Development Director shall make all determinations on the level of
environmental review required for all projects.The Community Development Director also
directs the preparation of all environmental documents.
2.1.4 City Departments
The Community Development Department, under the direction of the Community
Development Director, is responsible for maintaining these Guidelines.The Community
Development Department is also responsible for the preparation and processing of all
environmental documents as well as preparing and filing all applicable environmental notices
related to private development applications that have been filed with the City.
July 19,7.01E
City of Dublin Dublin CEQA Guidelines and Procedures
Roles and Responsibilities I Page 2-2
For City-initiated projects such as capital improvement roadway or park projects (or similar),
the department that is initiating or managing the project is responsible for ensuring compliance
with these Guidelines.
The City is responsible for ensuring that all environmental documents are available upon
request. The City shall also ensure that all Draft and Final Environmental Impact Reports and
associated appendices are also made available on the City website.
•
Juiy a.s,201.6
City of Dublin Dublin CEQA Guidelines and Procedures
Local CEQA Policies Page 3-1
3 Dublin CEQA Policies
3.1 General Policies
The City Council finds that:
A. Every person has a responsibility to contribute to the preservation and enhancement of
the environment.
B. It is the intent of the City Council that the City shall regulate activities of private
individuals, corporations, and public agencies, including the City itself, so that major
consideration is given to preventing environmental damage.
C. It is the policy of the City to develop and maintain a high-quality environment now and
in the future, as well as to develop standards and procedures necessary to protect
environmental quality.
3.2 General Purpose of CEQA
The City Council further finds that the basic purposes of CEQA are to:
A. Inform governmental decision-makers and the public about the potential significant
environmental impacts of projects.
B. Identify ways that environmental damage can be avoided or significantly reduced.
C. Prevent significant, avoidable damage to the environment by requiring changes in
projects through use of alternatives or mitigation measures when the City finds the
changes to be feasible.
D. Disclose to the public the reasons why the City approved the project if significant
environmental impacts are involved.
3.3 Reducing Delay and Paperwork
The City Council further finds that the City shall reduce delay and paperwork in implementing
the guidelines specified in State CEQA Guidelines section 15006, as well as:
• Using electronic files (e.g., pdf's, CD's or similar) for all environmental documents,
whenever feasible, including supporting technical studies associated with a project.
Further, distribution of all environmental documents, including supporting technical
studies, to Trustee and Responsible Agencies, local agencies and interested persons
shall be in electronic format. Limited hard copies shall be available for members of the
public without access to a computer.
• Considering compliance with all existing federal, state and local laws, regulations and
procedures designed to address environmental impacts, so as to avoid identification of
mitigation measures that duplicate existing regulatory requirements,where appropriate.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Local CEQA Policies I Page 3-2
3A General Responsibilities
For the purpose of these Guidelines, the City shall follow the following general responsibilities:
A. It is the responsibility of the City to ensure that all City departments, employees,
contract staff and environmental consultants comply with the provisions of CEQA,the
State CEQA Guidelines, and these Guidelines. Whether the City prepares the
environmental document itself or contracts for its preparation,the City is entirely
responsible for the adequacy and objectivity of the document.
B. The City shall endeavor to carry out its responsibilities for preparing and reviewing
environmental documents within a reasonable period of time so as not to cause undue
delays in processing applications for permits or other entitlements. An unreasonable
delay by an applicant in meeting requests by the City necessary for the preparation of a
Negative Declaration, Mitigated Negative Declaration and/or an EIR shall suspend the
CEQA review process for the period of the unreasonable delay.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations I Page 44
4 Environmental Determinations
Once a project application has been filed with;the City, or once a City-sponsored project has
been initiated, the appropriate City department shall review the application and make an initial
recommendation on the appropriate process to follow. The descriptions below assume that
the project application is on file with the Community Development Department. However, if
the project/action is being initiated or managed by another department,that department is
responsible for ensuring the process is followed.
The recommendation shall generally follow the process outlined in Appendix A (CEQA Process
Flow Chart) of the State CEQA Guidelines, a copy of which is shown in Figure 1: CEQA Process
Flow Chart, below.
4.1 Preliminary Evaluation
The preliminary evaluation consists of determining whether or not the proposal is a project
under CEQA, whether it is a discretionary project, or is exempt from CEQA under a statutory
exemption or categorical exemption, or was adequately reviewed in a previous environmental
document.These steps are sequential and are described below.
4.1.1 No Project, Ministerial, General Exemption, Statutory Exemption
The Community Development Director shall determine whether the proposal is a project under
CEQA, and if so whether the project is a discretionary project, or exempt from CEQA under the
general exemption or a statutory exemption. If it is determined that the project is ministerial or
exempt under a general exemption or statutory exemption, no further environmental review is
required (see Section 5: Projects Exempt from Environmental Review).
4.1.2 Categorical Exemption
If the project is determined to be discretionary and is not covered by the general exemption or
a statutory exemption,the project shall be reviewed to determine if it qualifies for a categorical
exemption, and is not subject to any of the State Guidelines exceptions. If the project still
qualifies for a categorical exemption, a recommendation as such shall be made to the decision-
making body as part of the project consideration proceedings.The decision-making body shall
make the final determination that the project is categorically exempt.
4.2 Initial Study
If a project does not meet any of the requirements contained in Section 4.1: Preliminary
Evaluation,the project shall undergo further environmental review through the Initial Study
process. Alternatively, if an EIR will be clearly required for a project,the City may skip the Initial
Study and begin work directly on the EIR.The City shall prepare the Initial Study, or have it
prepared under its direction. A sample Initial Study is provided in Appendix E: Dublin CEQA
Forms.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations Page 4-2
The Initial Study shall determine whether a Negative Declaration, Mitigated Negative
Declaration, or an EIR is required for the project. The Community Development Director may
request additional environmental information from the applicant to make the environmental
determination. Failure to provide all the additional information may delay processing of the
project.
4.2.1 Significance Determination
If the Initial Study determines, based on substantial evidence in light of the whole record, that a
project may have one or more significant or potentially significant impacts on the environment,
then an EIR shall be prepared. However, if revisions or mitigation measures can be applied to
the project that would clearly reduce all impacts to a level of insignificance, and these revisions
or mitigation measures are agreed to by the applicant,then a Mitigated Negative Declaration
shall be prepared.
July 19,20:1.6
•
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations I Page 4-3
Figure 1: CEQA Process Flow Chart
IPublic Agency determines whether Not a project
the activity is a"project
Project
®Project is ministerial
Public Agency determines if •• No possible significant effect
the project is exempt ®Statutory exemption
—Categorical exemption
Not Exempt .
Public Agency evaluates project '
to determine if there is a possibility No further action
that the project may have a Notice of Exemption
be filed required under
may significant effect on the environment y J CEQA
I Possible Significant Effect
Determination of lead agency
where more than one public
agency is Involved
RESPONSIBLE AGENCY LEAD 9GENCY
ILead agency prepares initial study
Respond to
informal Consullai on
consultation Lead agency decision to prepare
I EIR or Negative Declaration
I EIR Negative Declaration
1...
Respond to Notice of Lead agency sends Notice of
Preparation as to contents Consultation Preparation to responsible agency
of draft EIR
Lead agency prepares draft EIR
1
Lead agency files Notice of Lead agency gives public notice of
Comments on Completion and gives public notice availability of Negative Declaration
adequacy of draft EIR or Consultation of availability of draft EIR
Negative Declaration Public Review Period Public Review Period
ILead agency prepares final EIR
I
Including response to
I
Decision-making body comments on draft EIR
considers final EIR or
Negative Declaration
prepared by lead agency Consideration and approval of final Consideration and approval of
EIR by decision-making body Negative Declaration by
I - decision-making body
Iendings on feasibility of
reducing or avoiding signifi-
- Findings on feasibility of reducing or
cant environmental effect~ avoiding significant environmental
1 elfecls
llDecision on permit Decision on project J A
i
State Agencies Local Agencies State Agencies Local Agencies
File Notice of i e 10 ce o
File Notice of File Notice of
Determination Determination
Determination Determination
with Office of with Office of
Planning& with County Planning& with County Source:California Resources Agency
Research Clerk Research Clerk
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt From Environmental Review I Page 5-1
5 Projects Exempt from Environmental Review
Projects that are exempt under section 4.1 of these Guidelines do not require the preparation
of an EIR, Mitigated Negative Declaration, or Negative Declaration. The City may file a Notice of
Exemption (Appendix E: Dublin CEQA Forms)with the Alameda County Clerk after the project is
approved.
5.1 Actions Subject to CE A
CEQA applies to discretionary projects proposed to be carried out or approved by public
agencies, including the City. If the proposed activity does not come within the definition of
"project" as defined in Appendix A: Definitions, it is not subject to environmental review under
CEQA.
A "project" does not include:
A. Proposals for legislation to be enacted by the State Legislature;
B. Continuing administrative or maintenance activities, such as purchases for supplies,
personnel-related actions, and general policy and procedure making;
C. The submittal of proposals to a vote of the people in response to a petition drive
initiated by voters, or the enactment of a qualified voter-sponsored initiative under
California Constitution Art. II, Section 11(a) and Election Code Section 9214;
D. The creation of government funding mechanisms or other government fiscal activities
that do not involve any commitment to any specific project which may have a
potentially significant physical impact on the environment. Government funding
mechanisms may include, but are not limited to, assessment districts and community
facilities districts;
E. Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment; and
F. Activities that do not result in a direct or reasonably foreseeable indirect physical
change in the environment.
5.2 Ministerial! Actions
Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved
or denied by a decision which a public official or a public agency makes that involves only the
use of fixed standards or objective measurements with little or no personal judgment or
discretion.
When a project involves an approval that contains elements of both a ministerial and
discretionary nature, the project shall be deemed to be discretionary and subject to the
requirements of CEQA.The decision whether a project or activity is ministerial in nature may
involve or require, to some extent, interpretation of the governing regulations, and shall be
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt from Environmental Review I Page 5-2
made on a case-by-case basis.The following is a non-exclusive list of examples of ministerial
activities:
A. Issuance of business licenses;
B. Approval of final maps and parcel maps for subdivisions;
C. Approval of individual utility service connections and disconnections;
D. Issuance of licenses;
E. Issuance of an encroachment permit;
F. Issuance of building permits where the City does not retain significant discretionary
power to modify or shape the project; and
5.3 Preiiminary Exemption Assessment
The City shall review all projects and activities to determine whether an exemption is
appropriate, including a determination as to whether the project or activity is a project as
defined under CEQA. If a proposal or activity is not a project, as defined by CEQA, it is not
subject to CEQA review (State CEQA Guidelines Section 15378). In addition, CEQA applies only
to projects that have the potential for causing a significant effect on the environment. As a
general rule, 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.
(See State CEQA Guidelines Section 15061(b)(3).)
5.4 Statutory Exemption
Certain projects are exempt from CEQA by statute. Those exemptions are listed in Section
15260 et seq. of the State CEQA Guidelines.
5.5 Categorical Exemptions
Section 15300 et seq. of the State CEQA Guidelines lists the projects, as determined by the
State Secretary of Resources,that do not have a significant impact on the environment.These
classes of projects are declared to be categorically exempt from CEQA and do not require the
preparation of an environmental document. However, certain exceptions apply to these
projects, as noted in Section 15300.2 of the State CEQA Guidelines.
5.6 Notice of Exemption (NOE)
When the City determines that a project is exempt from the requirements of CEQA, it may file a
Notice of Exemption (Appendix E: Dublin CEQA Forms) in accordance with Section 15062 of the
State CEQA Guidelines.The filing of the NOE with the Alameda County Clerk starts a 35-day
statute of limitations on legal challenges to the City's decision that the project is exempt from
CEQA.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt from Environmental Review I Page 5-3
5.7 Previous Environmental Document
If the proposal is a discretionary project that does not qualify for a statutory or categorical
exemption,the City shall examine whether the project may have been adequately reviewed in a
previous EIR, Mitigated Negative Declaration, or Negative Declaration. If this determination is
made by the City based on review of the previous environmental document, and taking into
account current site and cumulative conditions (reference State CEQA Guidelines 15162
through 15164), the City may prepare an addendum or supplement to the previous
environmental document, or conclude that no further environmental review is required, and
that any applicable mitigation measures from the previous environmental document shall be
incorporated into the project.
The same criteria shall apply to a project that has been revised after being approved by the City
in order to determine whether additional environmental review is required for the revisions.
July 19,20:1(l.
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration Page 6-1
6 Negative/Mitigated Negative Declaration
6.1 Negative Declaration
A Negative Declaration (ND) shall be prepared if the Initial Study shows that there is no
substantial evidence, in light of the whole record before the City,that the project may have a
significant effect on the environment.The City shall prepare or have prepared the ND for
adoption by the decision-maker.
6.2 Mitigated Negative Declaration
A Mitigated Negative Declaration (MND) shall be prepared if the Initial Study finds:
A. The project may have potentially significant environmental impacts on the environment,
but through revisions to the project or proposed mitigation measures made by or
agreed to by the applicant before the MND and IS are released for public review, such
impacts are mitigated or avoided so that clearly no significant impacts would occur, and
B. There is no substantial evidence, in light of the whole record before the City, that the
project as revised or mitigated may have a significant effect on the environment.
The City shall release the MND for public review and process the document for adoption by the
decision-makers.The decision-makers shall make all feasible mitigation measures conditions of
project approval, or otherwise incorporate the mitigations into any project approval.
Notwithstanding the foregoing, mitigation measures may be altered, deleted, or added after
the MND is released for public review as a result of the public review and approval process.
Mitigation measures may be substituted in accordance with State CEQA Guidelines Section
15074.1.
6.3 Contents of Negative/Mitigated Negative Declarations
An ND or MND shall contain all of the items required in Section 15071 of the State CEQA
Guidelines, including the supporting Initial Study.
Mitigation measures included in an MND shall meet the standards for timing, enforceability,
essential nexus, rough proportionality, and legality as set forth in Section 15126.4 of the State
CEQA Guidelines.
6.4 Processing of Negative/Mitigated Negative Declarations
6.4.1 Public Notice and Review
A Notice of Intent (NOI)to Adopt a ND or MND shall be prepared in accordance with Section
15072 of the State CEQA Guidelines (For a sample NOl see Appendix E: Dublin CEQA Forms).
The City shall implement the following minimum noticing standards in accordance with Section
15072 of the State CEQA Guidelines:
July 19,207.6
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration I Page 6-2
A. The NOI shall be published one time in a local newspaper of general circulation.
B. The NOI shall be submitted to the Alameda County Clerk.
C. The NOI shall be mailed to organizations and individuals who have requested such
notice in writing.
D. The NOI shall be mailed to responsible agencies and trustee agencies.
The ND/MND document shall be made available for public review in the following manner:
A. A hard copy of the ND/MND and associated appendices shall be made available for
review by the City department that initiated or is managing the project.
B. A complete copy of the ND/MND shall be submitted to the State Clearinghouse (1)for
distribution to applicable State Responsible or Trustee Agencies, or, (2) if the project is
considered by the City to be of statewide, regional, or area wide importance.
C. A complete copy of the ND/MND shall be submitted to every other public agency with
jurisdiction by law over resources affected by the project.
D. A complete copy of the ND/MND shall be provided to the Applicant.
E. A complete copy of the ND/MND shall be provided to any interested person(s)
requesting review of the ND/MND, as well as those persons/agencies identified on the
City's local distribution list, as appropriate. Persons requesting a hard copy of the
ND/MND and/or technical appendices shall pay for the City's copying costs.
The public review periods for a ND/MND shall be in accordance with CEQA and the State CEQA
Guidelines.
6.4.2 Adoption of Negative/Mitigated Negative Declarations
Before approving a project, the decision-making body shall consider the draft ND/MND, any
comments received during the public review process and any City responses to public
comments.
If the decision-making body finds, on the basis of the whole record before it (including the
initial study and comments received),that there is no substantial evidence that the project will
have a significant impact on the environment and that the ND/MND reflects the decision-
making body's independent judgment and analysis,the decision-making body may adopt the
ND/MND. When adopting the ND/MND, the decision-making body shall specify the location
and custodian of the documents or other material which constitute the record of proceedings
upon which its decision is based. A Mitigation Monitoring or Reporting Program shall also be
adopted when adopting an MND (see Section 8: Mitigation Monitoring or Reporting Program).
July 19,20:16
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration i Page 6-3
6.4.3 Notice of Determination
Following any project approval for which a ND/MND has been adopted, the City shall file a
Notice of Determination (NOD)with the Alameda County Clerk in accordance with State CEQA
Guidelines Section 15075. (See sample NOD in Appendix E, Dublin CEQA Forms.)
If the ND/MND is submitted to the State Clearinghouse for review,the NOD shall also be filed
with the State Office of Planning and Research in accordance with the State CEQA Guidelines.
•
•
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report I Page 7-1
7 Environmental Impact Report
7.1 Environmental Vmpact Report Required
An Environmental Impact Report (EIR) shall be prepared if the City determines that the project
may, or will, have a significant impact on the environment.The City shall prepare, or contract
with a consultant to prepare, the EIR. If an EIR will be clearly required for a project,the City may
skip the Initial Study and begin work directly on the EIR.
7.2 General Requirements
The City shall ensure that the following general requirements are followed when processing an
EIR in the City:
A. The EIR shall contain all content in accordance with Sections 15120 et seq. of the State
CEQA Guidelines.
B. The City shall make the determination as to who will prepare the EIR.
C. The City shall ensure that an EIR shall be prepared with a sufficient degree of analysis to
provide the decision-makers with information that enables them to make a decision
that takes into account the environmental consequences of a project. The evaluation of
the environmental impacts of a project need not be exhaustive, but the sufficiency of an
EIR shall be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR shall summarize the main points
of disagreement among the experts.The courts have looked not for perfection, but for
adequacy, completeness, and a good faith effort at full disclosure. (See Section 15151 of
the State CEQA Guidelines.)
D. The EIR shall be written in language sufficiently clear that issues can be understood by
an average member of the public.
E. The information contained in the EIR shall include a summary of technical data, maps,
diagrams, and similar information sufficient to permit full assessment of the
environmental impacts by the decision-makers, reviewing agencies and the general
public. Placement of highly technical and specialized analysis and data in the body of the
EIR shall be avoided through inclusion of these data in technical appendices. Appendices
to an EIR may be prepared in volumes separate from the Draft EIR, but shall be available
for public review and shall be submitted to all clearinghouses which assist in public
review.
F. The EIR shall be prepared using a systematic interdisciplinary approach. The
interdisciplinary analysis shall be conducted by competent individuals, but no single
discipline shall be required to prepare an EIR. Preparation of EIRs is dependent on
information from many sources.These sources shall be cited but not included in the EIR.
The EIR shall cite all documents used in preparation including, where possible, the page
July 19,20:16
City of Dublin Dublin CEQA Guidelines and Procedures
Pnvironmental Impact Report I Page 7-2
number and section number of any technical reports which were used as the basis for
any statements in the EIR.
G. The EIR shall discuss environmental impacts in proportion to their severity and
probability of occurrence. Impacts dismissed in the Initial Study and/or Notice of
Preparation as clearly insignificant and unlikely to occur need not be discussed further in
the EIR unless the City subsequently receives relevant information inconsistent with the
finding in the initial study or NOP. If one has been prepared, a copy of the Initial Study
shall be included as an appendix to the EIR.
H. The EIR shall contain a statement briefly indicating the reasons for determining that
impacts that the initial study identified as potentially significant were found to be
insignificant and are not discussed in detail in the EIR.
I. Preparing an EIR involves some degree of forecasting. While forecasting the
unforeseeable is not possible, an agency must use its best efforts to find out and
disclose all that it reasonably can. If, after thorough investigation, the City finds that a
particular impact is too speculative for evaluation, the City shall note this conclusion and
terminate the discussion of the impact in the EIR.
J. An EIR may incorporate by reference any or all portions of another document which is a
matter of public record or is generally available to the public. Where all or part of
another document is incorporated by reference, the incorporated language shall be
considered to be set forth in full as part of the EIR. Where part of another document is
incorporated by reference, such other document shall be made available to the public
for inspection at City offices.The location where the referenced document may be
viewed shall be cited in the EIR.
K. Mitigation measures included in an EIR shall meet the standards for timing,
enforceability, essential nexus, rough proportionality, and legality as set forth in Section
15126.4 of the State CEQA Guidelines.
73 Processing an EIR
The City shall adhere to the following steps for preparing and processing an EIR within the City;
these steps supplement the EIR process contained in Article 7, Section 15080 et seq. of the
State CEQA Guidelines.
7.3.1 Notice of Preparation
The City shall ensure that a Notice of Preparation (NOP) is prepared and distributed via any
method of transmittal that provides a record of receipt to the State Office of Planning and
Research (OPR), all responsible agencies,to all federal agencies involved with approving or
funding the project,trustee agencies, agencies with jurisdiction by law over resources affected
by the project, and agencies/persons identified on the City's local distribution list.The City shall
ensure that the appropriate number of copies of the NOP and a State Clearinghouse transmittal
form are sent to the OPR State Clearinghouse;for distribution to state agencies. In addition the
July 19,201
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report I Page I-3
City shall determine whether consultation with water agencies is required, based on project
characteristics, during the NOP process (State CEQA Guidelines Section 15155). A sample NOP
is provided in Appendix E: Dublin CEQA Forms.
The purpose of the NOP is to notify the various agencies and interested persons about the
project, solicit their comments on the scope and content of the EIR, and to foster interagency
coordination and cooperation. The agencies and interested persons have 30 days to respond to
the NOP.
The City shall ensure that the NOP is also mailed to any person who has requested in writing to
be notified of the project review.
7.3.2 Scoping Meeting
The scope of the EIR is determined using one or more of the following sources: Initial Studies,
previous environmental documents, responses to the NOP, City review of the project
application, and consultation with other agencies. Further,the City shall conduct at least one
scoping meeting for(1) projects of statewide, regional or areawide significance (State CEQA
Guidelines section 15206), or (2) a project that may affect highways or other facilities under the
jurisdiction of the Department of Transportation if such meeting is requested by that
Department. Otherwise,the Director at his/her discretion may conduct a public scoping
meeting during the 30-day NOP review period to solicit comments from the general public on
the scope of the EIR.
When a scoping meeting occurs,the City shall provide notice of the scoping meeting to all of
the following:
A. Any county or city that borders Dublin, unless the City has a specific agreement
otherwise with that county or city;
B. Any Responsible Agency;
C. Any public agency that has jurisdiction by law over the project; and
D. Any organization or individual who has filed a written request for the notice.
7.3.3 Use of Consultants
The City maintains a list of qualified consultants to prepare EIRs.The City, at its discretion, may
select a consultant from this list, may seek other qualified consultants, or may utilize Staff to
prepare the EIR for a project, and may consult with the applicant in making the selection.The
applicant for a private development project is responsible for the full cost of the preparation of
an EIR for the project (including administrative overhead costs) plus the City staff, contract
staff, consultant and attorney costs of reviewing documents and managing the consultant.
July 19,2.01.6
City of Dublin Dublin CEQA Guidelines and Procedures
Ftnvironmental Impact Report I Page 7-4
7.3.4 Draft EIR
The Draft EIR shall contain the required content pursuant to Article 9, Section 15120 et seq. of
the State CEQA Guidelines, including Appendix F, Energy Conservation, of the State CEQA
Guidelines. If the EIR is prepared by a consultant, the City shall review an Administrative Draft
EIR prior to release of the Public Review Draft EIR.
7.3.5 Public Review of Draft EIR
The City shall ensure that public review of the Draft EIR generally follows the procedures
outlined below:
1. A Notice of Completion (NOC) and Environmental document Transmittal form (see State
CEQA Guidelines Appendix C) shall be prepared and filed with the State Clearinghouse
and shall include the Draft EIR and all applicable technical appendices . OPR's standard
Notice of Completion is provided in Appendix E: Dublin CEQA Forms
2. A Notice of Availability (NOA)form shall be prepared and filed with the Alameda County
Clerk.The NOA shall be prepared in accordance with State CEQA Guidelines Section
15087 and published one time in a local newspaper of general circulation. A sample
NOA is provided in Appendix E: Dublin CEQA Forms
3. A complete hard copy of the Draft EIR (including appendices) shall be made available for
public review at the appropriate City department and the Dublin Library, as well as
other locations as the City deems appropriate.The City shall make hard copies of the
Draft EIR and appendices available, at cost, upon request by the general public.
4. An electronic copy of the Draft EIR and technical appendices shall be made available on
the Community Development Department's web site.
5. A copy of the Draft EIR (with technical appendices) shall be provided to the Applicant.
6. The public review period for a Draft EIR shall be in accordance with CEQA and the State
CEQA Guidelines.
7. The City may conduct a public meeting or other similar opportunity during the public
review period for the purpose of accepting public comments on the draft EIR.
7.3.6 Final EIR
The City shall ensure that the Final EIR includes all content required by State CEQA Guidelines
section 15132, including but not limited to all comment letters received during the public
review period, the City's written responses to all comments received on the Draft EIR during the
public review period, and any revisions to the Draft EIR resulting from the public review.
The City shall provide proposed responses to a public agency on comments made by that public
agency at least 10 days prior to a certification of the Final EIR. The City may provide
commenting agencies with the Final EIR for compliance with this provision.
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report I Page 7-5
7.3.7 Certification of the Final EIR and Project Approval
Certification of the Final EIR and approval of a project shall generally follow the procedures
outlined below:
1. Certification. Prior to approving a project,the decision-making body shall first certify
that the Final EIR was prepared in compliance with CEQA;that the Final EIR was
presented to the decision-making body, which reviewed and considered the Final
EIR before approving the project; and that the Final EIR reflects the City's
independent judgment and analysis.
When the Planning Commission makes a recommendation on a project,the
Commission shall make a recommendation on the EIR in draft or final form prior to
making its recommendation on the project.
2. Findings. In accordance with Section 15091 of the CEQA Guidelines,the City shall
not approve, or carry out a project,for which an EIR was prepared and certified
which has one or more significant impacts unless the City makes one or more of the
following findings:
a) Changes or alterations have been required in, or incorporated into,the project
which avoid or substantially lessen the significant environmental impacts as
identified in the Final EIR;
b) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the City. Such changes have been adopted by such
other agency or can and should be adopted by other such agency; and/or
c) Specific economic, legal, social,technological or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
If finding c) is made,the findings shall address infeasibility of alternatives as well as
mitigation measures.
If finding c) is made, a Statement of Overriding Considerations shall be adopted in
addition to the finding.
When making these findings, the City shall also specify the location and custodian of
the documents or other materials that constitute the record of the proceedings
upon which its decision is based.
3. Statement of Overriding Considerations. In accordance with Section 15093 of the State
CEQA Guidelines, if the City approves a project with unavoidable significant
environmental impacts, it shall approve a written Statement of Overriding
Considerations prior to approval of the project. The Statement of Overriding
July 19,20:36
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report Page 7-6
Considerations shall set forth substantial evidence of the specific economic, legal,social,
technological or other benefits supporting the City's decision to approve the project. If
the economic, legal, social, technological or other benefits outweigh the unavoidable
adverse environmental effects,those unavoidable effects may be considered
acceptable.
4. lithe decision-making body cannot find that the Final EIR was prepared in accordance
with CEQA and the State CEQA Guidelines and these Guidelines,the decision-maker may
decline to certify the EIR,or may refer it back to the appropriate department for
revisions to the document to bring it into conformance.This may require recirculation of
a revised Draft EIR.
5. The Final EIR shall be certified prior to the decision-making body approving a project.
6. When making the findings required in paragraph 2 above,the decision-maker shall also
adopt a Mitigation Monitoring or Reporting Program (MMRP) consistent with Section 8
of these Guidelines.
7.3.8 Notice of Determination
Following any project approval,the City shall file a Notice of Determination (NOD) with the
State Office of Planning and Research (State Clearinghouse) and the Alameda County Clerk,
accompanied by the County's Administration fee and applicable CA Department of Fish and
Wildlife fee. See Appendix E: Dublin CEQA Forms for a sample NOD.
July 19,201.(
City of Dublin Dublin CEQA Guidelines and Procedures
Mitigation Monitoring or Reporting Program I Page 8-1
8 Mitigation Monitoring or Reporting Program
Pursuant to Section 21081.6 of the CEQA Statute and consistent with State CEQA Guidelines
Section 15097,the City shall monitor or report on compliance with and implementation of
adopted mitigation measures through a Mitigation Monitoring or Reporting Program (MMRP).
As indicated in State CEQA Guidelines Section 15097(c),there is often no clear distinction
between reporting and monitoring. Reporting generally consists of written compliance review
presented to a decision making body or authorized staff person, and monitoring is generally
ongoing or periodic project oversight. The program best suited to ensure compliance with
identified mitigation measures will usually involve elements of both.
3.1 Mitigation Monitoring or Reporting Procedures
The City shall ensure that the following mitigation monitoring or reporting procedures are
followed for all projects that require mitigation monitoring or reporting, and compliance.
8.1.1 Sample MMRP
Appendix E: Dublin CEQA Forms provides a sample MMRP format. Each mitigation measure
shall be clearly identified based on the EIR or Mitigated Negative Declaration, with spaces for
reporting on compliance with and/or monitoring the progress of each mitigation measure as it
is implemented. Other formats may be used so long as they comply with the intent of CEQA
section 21081.6 and State CEQA Guidelines section 15097 to ensure implementation of
adopted mitigation measures.
8.1.2 Monitoring and Reporting Program
Reporting and/or monitoring compliance with adopted mitigation measures shall be the
responsibility of the City, in accordance with the timing specified in the measure. In some cases
mitigation monitoring or reporting will require technical expertise, requiring the City to retain
an outside consultant to monitor or confirm compliance.
•
July 19,2016
City of Dublin Dublin CEQA Guidelines and Procedures
CEO.A Filing Procedures I Page 9-1
9 Other Considerations
9.1 inspection of °Documents
The City shall make all non-exempt environmental documents and supporting materials
available for public inspection following a request pursuant to the California Public Records Act
and other applicable provisions of state law.
9.2 Procedures for the City as a Responsible Agency
In the event the City is required to act as a Responsible Agency, it shall adhere to Section 15096
of the State CEQA Guidelines.
9.3 Amendments
The Community Development Director may administratively revise these Guidelines when
he/she determines that such revisions are necessitated by amendments to CEQA and the State
CEQA Guidelines, or when the revisions are essentially technical in their nature and conform to
CEQA and the State CEQA Guidelines. Substantive revisions,such as changes to accommodate
the goals and objectives of the City,shall be reviewed and approved by a resolution of the City
Council.
July 19,20:16