A project, as defined by CEQA, means:

(T)he whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect change in the environment, and that is any of the following:

(1)   An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.

(2)   An activity undertaken by a person which supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.

(3)   An activity involving the issuance to a person of a lease, permit, license, or other entitlement for use by one or more public agencies.

In general, any discretionary action taken by a governmental agency is subject to review under CEQA. Ministerial actions, such as the issuance of building permits, are exempt from CEQA by statute.

CEQA Process

For any discretionary project, there are several possible outcomes under CEQA. Most projects are exempt for CEQA review either by statute or by virtue of falling under a category that has been determined to be exempt from CEQA by the Secretary of Resources. Some examples of exempt projects include accessory structures, parking lots, and normal operations of facilities for public gatherings.

If a project is not exempt from CEQA, the next step in the process is typically to prepare an Initial Study. The intent of the Initial Study process is to determine whether a project may have a significant impact on the environment. The State of California has created a standardized environmental checklist form that can be used by agencies to prepare an Initial Study. The City of Burbank uses an Initial Study format that contains all of the items in the environmental checklist as well as additional areas relating to construction and storm water. The Initial Study must be supported by facts and may utilize technical studies or other substantial evidence to document findings.

If the results of the Initial Study show that there may be significant unmitigated impacts resulting from a project, an environmental impact report will be prepared for the project. If there are no such impacts, a Negative Declaration or mitigated Negative Declaration will be prepared for the project.

Proposed Negative Declaration

Based upon the Initial Study prepared by staff, a Negative Declaration has been prepared for Ordinance No. 3616. The Negative Declaration is based upon the findings of the Initial Study that no significant environmental impacts will occur as a result of the ordinance.

In order to prepare the Initial Study, Planning Division staff contacted representatives of the State Department of Fish and Game for assistance in answering questions related to the potential impacts of the ordinance on biological resources. The primary purpose of a CEQA review with regard to biological resources is whether a project will, in any way, diminish or disturb habitat or resources or conflict with an adopted Habitat Conservation Plan. Staff has found that the proposed ordinance will have no impact on biological resources in the area based upon these criteria.

Comments on Proposed Negative Declaration

The Planning Division, as required by CEQA, posted the Proposed Negative Declaration with the Los Angeles County Clerk. Additionally, the Negative Declaration was sent to the State Clearinghouse, which is responsible for circulating environmental documents to interested State Agencies. The Negative Declaration was also sent to other parties that had previously expressed an interest in reviewing the document.

A public review and comment period for the proposed Negative Declaration began on April 7, 2003 and concluded on May 7, 2003. The City received one (1) letter regarding the proposed Negative Declaration during this period.

The California Department of Fish and Game submitted a letter opposing the ordinance in question. (Exhibit B) Additionally, the Department commented that the Negative Declaration was inadequate because the ordinance would have a significant impact on recreation, specifically hunting, within the City.

The purpose of the CEQA process is to evaluate the potential physical impacts on the environment that could result from a project, policy, or program. Specifically, the findings within the Initial Study that relate to recreation are based upon whether an activity will have a significant physical impact on the environment or result in additional demand for recreation facilities, the construction of which will have a significant physical impact on the environment. CEQA does not consider precluding one type of recreation in favor of another a significant impact unless the chosen form of recreation requires construction or deteriorates existing facilities.

Furthermore, CEQA determinations are based upon a preponderance of the evidence at hand. There is no evidence that, if the proposed ordinance resulted in the de facto prohibition of hunting in the City, there would be physical deterioration in other recreation facilities or a need to construct new recreation facilities that may have a significant physical impact on the environment.

RECOMMENDATION

Staff recommends that the City Council adopt the proposed Negative Declaration and authorize staff to commence enforcement of Ordinance No. 3616.

go to the top