HomeMy WebLinkAboutResolution - 2514 STATE OF CALIFORNIA ) RESOLUTION NO. 2514
�ftw COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, AMENDING THE CITY'S LOCAL GUIDELINES
FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (PUB. RESOURCES CODE § 21000 ET SEQ.)
WHEREAS, on or about May 15, 2003, the City of San Jacinto ("City") City
Council approved Resolution No. 2431 adopting the "Local Guidelines for Implementing
the California Environmental Quality Act ["CEQA"] (2003 Revision)" (hereafter "Local
CEQA Guidelines"); and
WHEREAS, the City's Planning Commission has been authorized to hear,
consider and adopt conditional use permits, subject to ratification by the City Council;
and
WHEREAS, the City Council desires to revise its Local CEQA Guidelines
regarding authority to approve certain environmental review documents, pursuant to the
provisions in the State CEQA Guidelines; and
WHEREAS, it is the intent of this Resolution provide that the Planning
Commission possesses the authority to approve certain environmental review
documents under CEQA, including, without limitation, the authority to adopt negative
declarations and mitigated negative declarations, to certify environmental impact reports
and to make required findings in connection therewith, all subject to appeal of such
decisions to the City Council; and
WHEREAS, by authorizing the Planning Commission to review and approve
environments! review documents under CEQA, the same hearing body that reviews the
underlying project will be able to review the environmental review document associated
with that project; and
WHEREAS, by authorizing the Planning Commission to review and approve
environmental review documents under CEQA, members of the public will be better
able to present issues of concern to the body hearing the underlying project and have
those issues addressed by the City and project proponents, sincP such Issues of
concern will be addressed at an eailier staye of the development process; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
Papc � of 3
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation...._of_ Recitals. The City Council hereby finds and
dctcrmincs that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Approval. In accordance with the definition of "Approval" contained
in State CEQA Guidelines Section 15352, the City Council amends
Section 10.02 of its Local CEQA Guidelines to read as follows:
"10.02'Approval' means a decision by the decision making body or
other authorized body or officer of the City that commits the City to
a definite course of action with regard to a particular project. With
regard to any project to be undertaken directly by the City, approval
shall be deemed to occur on the date when the decision making
body makes its determination to proceed with the project, which in
no event shall be later than the date of adoption of plans and
specifications. As to private projects, approval shall be deemed to
have occurred upon the earliest commitment to provide service or
the issuance by the City of a discretionary contract, subsidy, or
other form of financial assistance, lease, permit (including, without
limitation, the approval by the Planning Commission of any
conditional use permit), license, certificate, or other entitlement for
use of the project. The mere acquisition of land by the City shall
not, in and of itself, be deemed to constitute approval of a project.
When a non-elected authorized body or officer of the City, as the
decision making body, makes a decision to approve a project, that
decision may be appealed to the City's elected decision-making
body (i.e., City Council)."
SECTION 3. Decision-Making Body. In accordance with the definition of
"Decision-Making Body" contained in State CEQA Guidelines
Section 15356, the City Council amends Section 10.09 of its Local
CEQA Guidelines to read as follows:
"10 11 'Decision-Making Body' means the officer (i.e., City Manager
or his or her designee) or body within the City (i.e., City Council or
Planning Commission) with final approval authority over the
particular project. (See Guidelines Section 10.02.) For purposes of
these Guidelines, the Planning Commission shall be deemed to be
the Decision-Making Body for purposes of approving conditional
use permits."
Puec?tl-3
SECTION 4. Appeal/ Ratification. Nothing contained in this Resolution shall be
`,,, deemed to limit the ability of a person to appeal a decision of the
Planning Commission pursuant to any other provision of the San
Jacinto Municipal Code, or as otherwise provide by law.
Furthermore, nothing contained in this Resolution shall be deemed
to limit the ability of the City Council to act pursuant to its authority
to ratify a conditional use permit or set such a matter for public
hearing pursuant to the San Jacinto Development Code.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 19th day of February, 2004, by the following
5/0 vote:
Ayes: Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: None
Abstain: None
City of San Jacinto
Wjim Ayres,klayor
.V
ATTEST.T?)d1/1 jzlk�' / I
Gl�
D othy L. Ch inard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
�:W 47AA^
i y AMrney
Best Best & Krieger LLP
I L 3oj3