Chapter 7 — Environmental Review

DC 7.1.1 Purpose

This chapter establishes procedures for compliance with the California Environmental Quality Act (CEQA, Public Resources Code §§ 21000–21189.3) and the State CEQA Guidelines (14 CCR §§ 15000 et seq.) for discretionary projects within the City. The City of McLainberg serves as the Lead Agency for all projects requiring City discretionary approvals, unless a state or federal agency has primary jurisdiction and accepts that role.

DC 7.1.2 Application of CEQA

CEQA applies to all discretionary projects that may have a physical effect on the environment. Ministerial permits are not subject to CEQA. The Planning Director shall make an initial determination of whether CEQA applies to each project at the time of application completeness determination.

DC 7.2.1 Statutory Exemptions

Projects that are exempt from CEQA by statute (e.g., ministerial actions, infill housing projects qualifying under Government Code § 65913.4 SB 35, emergency repairs, feasibility studies) do not require CEQA review. A Notice of Exemption shall be filed with the County Clerk-Recorder within five (5) days of project approval.

DC 7.2.2 Categorical Exemptions

Projects that fall within a class of projects determined by the State Resources Agency to not have a significant effect on the environment may be categorically exempt from CEQA. Commonly applied categorical exemptions in McLainberg include:

1. Class 1 — Existing Facilities: Minor alterations to existing structures, including interior renovations and routine maintenance.
2. Class 3 — New Construction: Single-family residences in urbanized areas and small commercial structures in urbanized areas.
3. Class 4 — Minor Alterations to Land: Minor grading, landscaping, and similar activities.
4. Class 32 — Infill Exemption: Infill development projects meeting specified criteria in urbanized areas.

DC 7.3.1 Initial Study

For projects that are not exempt from CEQA, the Planning Director shall prepare or cause to be prepared an Initial Study to determine whether a project may have a significant effect on the environment. The Initial Study shall use the CEQA Guidelines Appendix G Environmental Checklist and shall evaluate all environmental resource areas, including but not limited to: air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards, hydrology and water quality, land use, noise, transportation, tribal cultural resources, and wildfire.

DC 7.3.2 Negative Declaration (ND) and Mitigated Negative Declaration (MND)

If the Initial Study finds no substantial evidence that the project may have a significant effect on the environment, a Negative Declaration shall be prepared. If the project may have significant effects but all effects can be mitigated to a less-than-significant level through project modifications or conditions, a Mitigated Negative Declaration shall be prepared. Both require a twenty-day public review period. An MND requires adoption of a Mitigation Monitoring and Reporting Program.

DC 7.4.1 When Required

An Environmental Impact Report (EIR) is required when the Initial Study identifies substantial evidence that a project may have one or more significant environmental effects that cannot be mitigated to a less-than-significant level. An EIR must also be prepared for any project that: (a) the City determines is a project of statewide, regional, or areawide significance; or (b) will be on a site that has been placed on a Cortese List pursuant to Government Code § 65962.5.

DC 7.4.2 EIR Content and Process

EIRs shall comply with the content requirements of CEQA Guidelines §§ 15120–15131 and shall include a description of the project, a description of the environmental setting, an analysis of environmental impacts, discussion of alternatives to the project, a cumulative impacts analysis, and proposed mitigation measures. The public review period for a Draft EIR shall be forty-five (45) days unless the State Clearinghouse sets a different period.

DC 7.5.1 MMRP Required

For any project approved with an MND or EIR, the City shall adopt a Mitigation Monitoring and Reporting Program (MMRP) as required by Public Resources Code § 21081.6. The MMRP shall identify each mitigation measure, the responsible party for implementation, the timing of implementation, and the verification method. The MMRP shall be a condition of project approval and shall be enforced through the building permit, inspection, and occupancy processes.