This chapter is intended to set forth guidelines, principles and procedures for insuring that adequate environmental review is provided for all development proposals in the city of Lemon Grove.
These procedures are intended to be consistent with and to implement the most current edition of the Guidelines for Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, adopted by the State Resources Agency. The state guidelines are incorporated in this chapter, and made a part hereof as if set forth in full. If there is any inconsistency between this chapter and those guidelines, the state guidelines shall rule. Detailed requirements of the state law and guidelines concerning processing, timing, content and other aspects of project environmental review shall apply.
Upon the submission of a project or a proposal for an action, the planning director shall make a determination as to the status of the application, according to the following classifications:
A. 
The proposal is not a project under CEQA.
B. 
The proposal is ministerial by nature and, therefore, is not subject to further environmental review.
C. 
The proposal is categorically exempt and, therefore, is not subject to further review.
D. 
The proposal is not categorically exempt, and might have a significant impact on the environment and is subject to further review.
A. 
A proposed project or action which is classified according to Section 18.32.030(D) shall undergo an initial study, prepared by the planning department in the form as prescribed by the planning director.
B. 
The initial study will evaluate each subject area on which the proposal might have an environmental effect, and will state one of the following determinations concerning the proposed action:
1. 
There will be no significant adverse environmental effect and a negative declaration may be filed; or
2. 
There may be an adverse environmental effect, necessitating preparation of an environmental impact report (EIR).
C. 
In event that a proposed action is classified according to subsection (B)(2) of this section, the initial study may also suggest modifications to the proposal which, if incorporated, may reduce the level of environmental reporting required.
A. 
In the event that a proposed action is classified according to Section 18.32.040(B)(1), then the planning director shall release a statement that, although the proposal under consideration is not otherwise exempt, the initial study has established that the proposed action as designed or applied will not have a significant effect on the environment.
B. 
In cases where project modification as suggested by the initial study would make the identified environmental effect insignificant, then a provisional negative declaration may be issued based upon project modification as required to so reduce the environmental effects.
A. 
If, on the basis of the initial study and other analysis, it is determined that the proposal may result in a significant adverse effect on the environment, or that the proposed action is expected to generate public controversy, then a draft environmental impact report shall be prepared to analyze the significant potential impacts.
B. 
The draft EIR shall be prepared in the form prescribed by the planning director, and shall contain data and analyses in sufficient detail to enable the planning commission and/or city council to evaluate the environmental consequences of project approval.
C. 
All EIRs prepared for projects proposed in the city of Lemon Grove shall be prepared by city staff or environmental consultants under contract to the city. In either case, the planning director shall determine the cost of preparing such a report, and the applicant shall deposit with the city adequate funds prior to any work being commenced thereon.
A. 
Following submission of the draft EIR to the city, a minimum thirty-day public review period shall commence prior to public hearing before the planning commission for consideration of the project.
B. 
Following completion of the public review period, during which time comments may be submitted on the draft EIR by citizens, city officials or other public or private agencies, responses to any comments received shall be prepared, which shall address the concerns expressed regarding the project and the draft EIR, and which may involve additional analysis. The comments and their responses shall be compiled as an addendum to the draft EIR, and together with other required materials, will comprise the final EIR.
C. 
The planning commission or city council may refer a draft EIR back to the planning director for preparation of a supplementary report in any case in which it is deemed to be necessary in order to consider the project. In cases where a proposal has changed substantially since the time of initial review, a supplementary EIR might be required.
Following submission of the final EIR, a public hearing shall be held by the planning commission or city council, whichever has jurisdiction over the proposed project. If all conditions and requirements concerning preparation and consideration of the EIR have been satisfied, then the final EIR shall be certified as complete and adequate. No proposed project for which an EIR has been judged to be necessary shall be approved until that EIR has been certified.
In addition to the costs of preparing an environmental impact report, the city may assess the applicant additional fees for filing and processing activities and for any special studies which might be necessary. Such fees shall be as established by resolution of the city council.
All determinations, rulings, and other actions of the planning director or planning commission may be appealed, in accordance with the provisions of Section 17.28.020.
(Ord. 386 § 3, 2009)