Planning & Community Development Department Municipal Code Amendments: Adoption/Certification Authority of California Environmental Quality Act Reviews, and Process on Appeals City Council November 3, 2014

Planning & Community Development Department Municipal Code Amendments (CEQA) Recommended Amendments to the Pasadena Municipal Code: 1)Adoption/Certification Authority of California Environmental Quality Act (CEQA) Reviews.  Memorialize current City procedure 2)Review of CEQA documents during appeals.  Change procedures regarding CEQA documents during appeals. Planning Commission Recommendation: Unanimous recommendation to approve both amendments. 2

Planning & Community Development Department 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. 3

Planning & Community Development Department Municipal Code Amendments (CEQA) 1)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. 4

Planning & Community Development Department Municipal Code Amendments (CEQA) 1)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. 5

Planning & Community Development Department Municipal Code Amendments (CEQA) 1)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. 6

Planning & Community Development Department Municipal Code Amendments (CEQA) 1)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. 7

Planning & Community Development Department Municipal Code Amendments (CEQA) 2)Review of CEQA documents during appeals.  (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.” 8

Planning & Community Development Department Municipal Code Amendments (CEQA) 2)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. 9

Planning & Community Development Department Municipal Code Amendments (CEQA) 2)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). 10

Planning & Community Development Department Municipal Code Amendments (CEQA) Planning Commission/Staff Recommendation: 1)Amendments exempt from environmental review; 2)Approve General Plan consistency finding; 3)Approve the proposed Municipal Code Amendments; 1)Adoption/Certification Authority of California Environmental Quality Act (CEQA) Reviews. 2)Review of CEQA documents during appeals. 4)Conduct first reading of ordinance codifying amendments. 11

Planning & Community Development Department Municipal Code Amendments: Adoption/Certification Authority of California Environmental Quality Act Reviews, and Process on Appeals City Council November 3, 2014

Planning & Community Development Department Municipal Code Amendments (CEQA) 1)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;” 13