17.158.310 - Title, purpose and applicability.

The provisions of this article shall be known as the environmental review process. The purpose of these provisions is to prescribe the procedures for preparing and processing CEQA environmental documents, including initial studies, negative declarations, mitigated negative declarations, and environmental impact reports. This process shall apply to all projects which are determined to require environmental review under CEQA.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1300)

17.158.320 - CEQA environmental review process.

The following description of the environmental review process is illustrated by Figure 2, Environmental Review Process Under CEQA.

A.

Request for Environmental Review. If after review of a request for determination of environmental exemption the Environmental Review Officer finds that a project is not exempt, or it can be clearly seen by a project sponsor that a public or private project is not exempt, a request for environmental review and fee shall be submitted and shall be accompanied by information which, in the judgment of the environmental review officer, is sufficient to permit completion of an initial study. Consistent with Section 15102 of the CEQA Guidelines, the Environmental Review Officer shall determine within thirty (30) days after accepting an application as complete whether the city intends to prepare an EIR or a negative declaration or use a previously prepared EIR or negative declaration. However, failure to determine whether an EIR or negative declaration is needed within the required time frame shall in no way prejudice the city from requiring such documents. This thirty (30) day period may be extended fifteen (15) days upon the mutual consent of the city and the project applicant. Typically, the information needed to prepare an initial study may include but may not be limited to the following:

1.

Project description;

2.

Statement of project objectives;

3.

Site plan and elevations;

4.

Preliminary drainage plan;

5.

Preliminary grading plan;

6.

Preliminary landscaping plan;

7.

Completed environmental checklist form.

B.

Initial Study. Initial study of the environmental effects of the project shall be conducted by the Environmental Review Officer or the Environmental Review Coordinator using a comprehensive checklist form authorized by the Environmental Review Officer. An initial study need not be prepared if the Environmental Review Officer, after preliminary review, determines that the project clearly may have a significant effect on the environment and that an EIR should be prepared (CEQA Guidelines Section 15060(c)). The determination of the Environmental Review Officer that an EIR is required may be appealed by the project sponsor as described in Section 17.158.220B.

C.

Thresholds of Significant Environmental Impact. The Environmental Review Officer may prepare criteria for assessing significant adverse environmental impact thresholds, that the City Planning Commission may adopt to serve as guidelines for determining the levels of significant effects on the environment. As guiding standards, the threshold criteria would be used to provide information in evaluating the environmental effects of a project, and to assist in determining whether a proposed project would be exempt or require additional environmental review.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1310—1313)

17.158.330 - Preparation of negative declarations.

If the Environmental Review Officer determines on the basis of the initial study that the project will not have a significant effect on the environment, a negative declaration shall be prepared.

When a project would require federal funding or federal agency approvals, a joint CEQA/NEPA environmental document may be prepared to satisfy the requirements of both federal and state environmental standards. A notice of finding of no significant impact (FONSI) prepared for the project to meet National Environmental Policy Act (NEPA) requirements may serve as a valid substitute for a negative declaration required under CEQA; provided, that the procedures for the preparation of a negative declaration listed below are satisfied.

1.

The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations. The notice shall advise interested citizens that a negative declaration has been prepared. The notification of responsible and trustee agencies, private individuals, and property owners shall be consistent with notification for discretionary action on other related permits for the project. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

2.

A period of at least twenty-one (21) calendar days following the date the notices are placed at the site or published in the newspaper shall be allowed for response prior to action on the negative declaration by the decision-making body. However, when a negative declaration has been submitted to the State Clearinghouse, the review period shall be at least as long as that of the Clearinghouse (normally thirty (30) days). Negative declarations, as well as draft EIRs are submitted to the State Clearinghouse when one or more state agency would have either permit approval, or trustee status for natural resources affected by the proposed project.

3.

A notice that the city proposes to adopt a negative declaration shall be forwarded to interested persons or parties as specified in the Guidelines Section 15072 et seq. In addition, it shall be forwarded to members of the City Planning Commission; if the project is subject to approval by the Planning Commission, this may be done at the same time the Commission is sent the staff report on the project application. The Environmental Review Officer will notify any public agency and private individual which commented on the negative declaration, of the public hearings on the project for which the negative declaration was prepared.

4.

The negative declaration notice shall invite written challenges to the finding of no significant effect as set forth Section 17.158.220C. If the negative declaration is forwarded to the State Clearinghouse, it shall also be accompanied by a "notice of completion and environmental document transmittal form."

5.

At the conclusion of the public comment and challenge period, the negative declaration shall be signed and dated by the Environmental Review Officer, declaring that the document has been prepared in accordance to CEQA, the CEQA Guidelines, and these environmental review regulations. If challenges were received during the public comment period, and such challenges were rejected by the City Planning Commission, the Planning Commission shall have the Environmental Review Officer attach an explanation for the rejection to the negative declaration.

6.

The Environmental Review Officer shall forward the negative declaration to the appropriate sponsoring department for public projects, or to the project sponsor for a private project, for the project sponsor to forward to the decision-making body which has jurisdiction for approving or denying the project.

7.

Decision on the project shall take place as outlined in Section 17.158.200

B.

Preparation of a Mitigated Negative Declaration. If the initial study identified potentially significant environmental effects, but revisions to the proposed project plans or proposals made by or agreed to by the project sponsor would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the Environmental Review Officer that the project as revised may have a significant effect on the environment, then the Environmental Review Officer may have prepared a mitigated negative declaration. In addition, a mitigated negative declaration may be prepared in the event a negative declaration is prepared and subsequently challenged, or if the Planning Commission decides prior to a decision on the project to require a mitigated negative declaration. The following procedures would apply.

If there are mitigation measures that can be readily identified by the Environmental Review Officer or his/her representative, that can clearly reduce or avoid the significant adverse environmental effects that were identified in the initial study or through the public comment period, the Environmental Review Officer will recommend that the project sponsor agree to incorporate the mitigation measures into the proposed project. A written letter identifying the mitigation measures will be sent to the project sponsor. The project sponsor will have fourteen (14) days upon receipt of the letter, to respond to the Environmental Review Officer indicating agreement to incorporate the mitigation measures into the proposed project. Upon the mutual agreement between the Environmental Review Officer or his/her representative, and the project sponsor, the project sponsor may be given a reasonable extension of time to consider the incorporation of the identified mitigation measures, provided the project sponsor has requested the time extension with the fourteen (14) day response period. If within the fourteen (14) day period, the project sponsor either refuses to the terms of the letter, or does not respond within the time frame, the Environmental Review Officer will make a determination that an EIR would be required for the project. The procedures for preparing an EIR as outlined in this statement would then apply.

If however, the project sponsor agrees to the mitigation measures necessary to avoid or reduce the identified significant environmental effects to a level of insignificance, the mitigated negative declaration should be processed as outlined by steps 1 through 7 for a negative declaration as described in Section 17.158.330.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1400—1402)

17.158.340 - Preparation of environmental impact reports.

A.

Preparation of Draft EIR. If it is determined that the proposed project may have a significant effect on the environment, an EIR shall be prepared. Such determination may be made by the Environmental Review Officer during the preliminary review of the project, or after the preparation of an initial study. The City Planning Commission or the City Council may also call for the preparation of an EIR. The project sponsor may appeal the determination by the Environmental Review Officer to prepare an EIR to the City Planning Commission as set forth in Section 17.158.220B.

When the Environmental Review Officer has collected the EIR fee from the project sponsor, the Environmental Review Officer shall send via U.S. mail to each responsible agency a notice of preparation (NOP) stating that an EIR will be prepared. The NOP will be sent via U.S. mail to all responsible and trustee agencies, all surrounding communities who share a border with the city, individuals, organizations who have expressed an interest in the project or in projects in their areas of concern and interest, and owners of property which share a boundary with the site of the proposed project. The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

B.

The NOP shall contain sufficient information describing the proposed project and the potential environmental effects identified by the city. At a minimum, the NOP shall include the following information:

1.

Description of the project area;

2.

Location of the project as shown on a map;

3.

Probable environmental effects of the proposed project.

All agencies, organizations and individuals shall have thirty (30) days after receiving the NOP to respond with specific detail about the scope and content of the environmental information to be contained in the draft EIR.

When one or more state agency will be either a responsible or trustee agency, the Environmental Review Officer will have the NOP sent to the State Clearinghouse. The State Clearinghouse will ensure that the state agencies reply to the city within the required time.

If a project would require federal agency funding or approval, the project will also need to comply with the federal NEPA requirements or procedures in addition to CEQA requirements. An environmental impact statement (EIS) prepared for the project to meet NEPA requirements may be substituted for the CEQA-required EIR provided that the EIS, or a combined EIR/EIS must comply with NEPA and CEQA statutory requirements.

C.

The following are the minimum procedures for the preparation of an draft EIR, and may be supplemented as necessary by the Environmental Review Officer:

1.

Pre-Qualification Procedure. The Director of City Planning shall prepare a standardized procedure for the selection of qualified environmental consultants.

2.

Preparation of the Administrative Draft of the Draft EIR. The environmental consultant shall prepare an administrative draft of the draft EIR (ADEIR). The ADEIR is an internal document to be comprehensively reviewed by the city to ensure the adequacy of the environmental document to meet the objectives of CEQA, the CEQA Guidelines, and this statement. When the Environmental Review Officer or his/her representative, is satisfied that the document represents, in his or her judgment, an accurate and complete draft EIR, and that it is ready for public review, he or she shall sign a declaration to this effect which shall constitute the top sheet of the released report. The declaration shall invite responses to the report, give the final date for receipt of such responses, advise to whom responses shall be addressed, and provide other pertinent information. At this time, the draft EIR is released for public review and comment, and the project sponsor may also review and comment on the draft EIR.

D.

Public Review of Draft EIR. A period of no less than thirty (30) days following the release of the draft EIR by the Environmental Review Officer shall be allowed for public review of the draft EIR. If the State Clearinghouse is involved, the review period shall be at least forty-five (45) calendar days. The State Clearinghouse shall be involved if one or more state agency would have jurisdiction by law with respect to the proposed project, or if the environmental effects of the proposed project would have statewide, regional or areawide significance according to the criteria set forth in Section 15206 of the CEQA Guidelines. The review period shall begin when the site has been posted or a notice has been published as specified below.

1.

The Environmental Review Officer shall have notices posted consistent with the notification requirements as prescribed by Sections 17.134.040A and B, 17.136.040, 17.140.030, 17.142.030, 17.144.060 and 17.148.040A and B of the Oakland Zoning Regulations, to advise interested persons that a draft EIR has been prepared and that comments are invited. Notices of Availability shall advise interested citizens that a draft EIR has been prepared. The notification of responsible and trustee agencies, private individuals, and property owners shall be consistent with notification for discretionary action on other related permits for the project. When the project has no identifiable site, such notices shall be substituted by a notice published one time in a newspaper of general circulation. The Environmental Review Officer may use additional means of notification, such as prescribed by Section 17.130.020 of the Oakland Zoning Regulations.

2.

The Environmental Review Officer shall provide a copy of the draft EIR to:

a.

Project sponsor.

b.

Each member of the City Planning Commission.

c.

All persons and organizations who have requested it.

d.

The Oakland Main Library and, if appropriate, the branch library closest to the site of the project.

e.

Other state, regional or local agencies, which have jurisdiction by law and/or special expertise with respect to the environmental characteristics of the project or the project location, as specified in the CEQA Guidelines Section 15087(f).

The city may charge and collect a reasonable fee for each copy of the draft EIR to recover actual costs for reproduction of the document as allowed under CEQA Guidelines Section 15045.

3.

The City Planning Commission may schedule and conduct a public hearing on the draft EIR. CEQA Guidelines Section 15087 states that public hearings are encouraged, but not required as an element of the CEQA public participation process.

E.

Preparation of Final EIR. The final EIR shall consist of the draft EIR, summary or verbatim comments and recommendations received during the public comment period on the draft EIR; a list of persons, organizations and public agencies commenting on the draft EIR; the responses of the lead agency to significant environmental points raised in the review and consultation process (Section 15132 of the CEQA Guidelines).

After a final EIR has been prepared, it shall be forwarded to the City Planning Commission for certification. Such certification shall be deemed to be a finding that the document has been prepared in compliance with CEQA, the CEQA Guidelines, and this statement. In addition, the City Planning Commission shall also certify that the final EIR reflects the independent judgment of the city. Certification of the final EIR does not imply that the City Planning Commission endorses the proposed project, nor that the permit application(s) for the project will be approved. The final EIR shall be prefaced by a signed cover sheet carrying this certification. The cover sheet shall also note that the preparation of the final EIR has been overseen by the Environmental Review Officer or his/her representative, and that the conclusions and recommendations in the document represent the independent conclusions and recommendations of the city.

1.

The Environmental Review Officer shall forward the final EIR to the City Planning Commission, or to the appropriate decision-making body in the city.

2.

Decision on the project shall take place as outlined in Section 17.158.200

F.

Mitigation Monitoring Program. CEQA, as amended by AB 3180 requires local agencies to establish a monitoring program to ensure that the measures to mitigate the environmental impacts of approved projects are implemented. The purpose of the mitigation monitoring program is to ensure that all significant environmental impacts identified in the environmental documentation that can be mitigated, will indeed be mitigated after the project is approved.

For a project for which a mitigated negative declaration or an EIR has been certified, at the time the project is approved, the mitigation measures will be compiled into a checklist form. The checklist will identify the agency responsible for ensuring that the mitigation measure is implemented. The Environmental Review Officer or his representative will provide a mitigation monitoring compliance form to each agency identified on the checklist form. The compliance form will identify the mitigation measure, and allow spaces for compliance date, and inspection or field survey dates. The compliance form shall be returned to the Environmental Review Officer when the mitigation measures have been implemented.

(Ord. 11766 § 2 (part), 1994: prior planning code § 1500—1505, 1510)