Municipal%20Code%20Amendments:%20Adoption/Certification%20Authority%20of%20California%20Environmental%20Quality%20Act%20Reviews,%20and%20Process%20on%20Appeals

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Municipal Code Amendments Adoption/Certification
Authority ofCalifornia Environmental Quality Act
Reviews, and Process on Appeals

• City CouncilNovember 3, 2014

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Municipal Code Amendments (CEQA)

• Recommended Amendments to the Pasadena Municipal
  Code
• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Memorialize current City procedure
• Review of CEQA documents during appeals.
• Change procedures regarding CEQA documents during
  appeals.
• Planning Commission Recommendation
• Unanimous recommendation to approve both
  amendments.

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Municipal Code Amendments (CEQA)

• Purpose
• Respond to recent CEQA case law.
• Respond to a court decision stemming from a
  Pasadena development project.
• Provide for consistent CEQA review for all
  decision-makers
• Planning Commission, Design Commission, Hearing
  Officer, Nonprofit Corporations (PCAC, PCOC,
  RBOC), City Manager, etc.

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Municipal Code Amendments (CEQA)

• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• California State CEQA Guidelines
• All discretionary decisions made by a
  decision-making body (City Council, City
  Commissions, etc.) must include the adoption of
  an environmental determination
• Categorical Exemption
• Negative Declaration or
• Environmental Impact Report.
• Current city practice
• Applicable approval authority for entitlement
  application (Conditional Use Permit, Design
  Review, etc.) must adopt environmental
  determination at when decision is made on
  entitlement.

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Municipal Code Amendments (CEQA)

• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Recent Case Law
• Non-elected decision making body cannot take
  action on a CEQA document unless they have been
  expressly given that authority by the elected
  body (City Council).
• Affects many cities state-wide, not just
  Pasadena.

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Municipal Code Amendments (CEQA)

• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Amendment would authorize CEQA document
  adoption/certification
• Non-elected bodies
• PMC, Title 2 (Organization and Administration)
• Pasadena Community Access Corporation Board
• Pasadena Center Operating Company Board
• Rose Bowl Operating Company and
• City Manager or designee.

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Municipal Code Amendments (CEQA)

• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Amendment would authorize CEQA document
  adoption/certification
• Non-elected bodies
• PMC, Title 17 (Zoning Code)
• Planning Commission
• Design Commission
• Historic Preservation Commission
• Hearing Officer
• Board of Zoning Appeals
• Director of Planning Community Development or
  designee and
• Zoning Administrator.

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Municipal Code Amendments (CEQA)

• Review of CEQA documents during appeals.
• 17.72.070 (Processing and Action on Appeals or
  Calls for Review)
• B.5 (Failure to Act).
• If the review authority fails to act upon an
  appeal or a call for review, the decision from
  which the appeal or call for review was taken
  shall be deemed affirmed. A failure to act shall
  be considered a decision and may be called for
  review or appealed.

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Municipal Code Amendments (CEQA)

• Review of CEQA documents during appeals.
• Dusit Constance Pasadena Project (Colorado
  Lake/Mentor)
• Hearing Officer approved project and certified
  EIR.
• Board of Zoning Appeals approved project and
  certified EIR.
• City Council did not take an action on project or
  EIR.
• Litigation
• Trial court and appellate court have found
  deemed affirmed procedure to be in violation of
  CEQA
• Appellate body must vote on all CEQA
  determinations.
• Project was taken to City Council (April 2014)
• Project approved project and
• EIR certified.

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Municipal Code Amendments (CEQA)

• Review of CEQA documents during appeals.
• Amendment would require an appeal body take an
  action on CEQA document, even if no action is
  taken on entitlement application(s).

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Municipal Code Amendments (CEQA)

• Planning Commission/Staff Recommendation
• Amendments exempt from environmental review
• Approve General Plan consistency finding
• Approve the proposed Municipal Code Amendments
• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Review of CEQA documents during appeals.
• Conduct first reading of ordinance codifying
  amendments.

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Municipal Code Amendments Adoption/Certification
Authority ofCalifornia Environmental Quality Act
Reviews, and Process on Appeals

• City CouncilNovember 3, 2014

13
Municipal Code Amendments (CEQA)

• Adoption/Certification Authority of California
  Environmental Quality Act (CEQA) Reviews.
• Municipal Code provides for some CEQA review
• Historic Preservation Commission
• Fulfill the city's responsibilities for Federal
  Section 106 reviews and for the California
  Environmental Quality Act.
• Design Commission
• Comment and make recommendations upon all
  environmental impact reports for proposed
  amendments to the zoning ordinance or map,
  subdivisions, general plan amendments,
  redevelopment projects, significant public
  improvements, and such other land use proposals
  or projects that may affect the architectural,
  aesthetic or design quality of Pasadena. The
  planning director shall refer all such matters to
  the commission whether or not an environmental
  impact report is required