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Morgan Hill, California

141

Zucker Systems

11. Once the Initial Study (IS) funds are received, the CEQA Environmental

Consultant begins the IS work, which can take 2-6 months depending on the

issues (e.g., special studies, field work, etc.). A Negative Declaration,

Mitigated Negative Declaration or Environmental Impact Report (EIR’S) is

prepared. EIR’s can take a year or longer to complete. Once the CEQA

documentation is completed the project is deemed complete.

We have studied and worked for various California communities that use

environmental consultants to complete all or part of the required environmental

analyses and documentation pursuant to CEQA. For example, in some

communities, staff is responsible for completing the Initial Study and where

projects are found to have no significant environmental impact, staff completes

the Negative Declaration documentation. Projects that are found to have no

significant impact with mitigation, an Environmental Consultant is often

engaged to further study various impacts and develop appropriate mitigations,

resulting in a Mitigated Negative Declaration determination. Many of the

communities we have worked or studied use environmental consultants to

prepare Environmental Impact Reports and/or Statements, where significant

environmental impacts would result from a project.

We received negative feedback from some focus group members concerning

the City’s use of environmental consultants to perform all environmental

analysis and documentation (e.g., Initial Study and resultant determination and

documentation) pursuant to CEQA (except under special circumstances)

because it is more costly and time consuming. Staff indicated that the City

utilizes environmental consultants to complete all required analysis and

documentation under CEQA primarily due to training and workload

constraints.

151.

Recommendation:

The City should consider requiring project planners to

complete the Initial Study (IS) for all non-exempt CEQA project to determine

whether significant impacts would result.

152.

Recommendation:

If the City requires project planners to complete Initial

Studies for non-exempt CEQA projects, planners should be responsible for

completing Negative Declaration documentation for projects found to have no

significant impact.

153.

Recommendation:

If the City requires project planners to complete Initial

Studies for non-exempt CEQA projects, Planners should be empowered to

determine whether proposed Mitigated Negative Declaration determinations