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HomeMy WebLinkAboutResolution - RDA 82-4 i RESOLUTION NO. RDA-82-4 21 A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING AND ADOPTING PROCEDURES FOR THE PREPARATION, 3 PROCESSING AND REVIEW OF ENVIRONMENTAL DOCUMENTS 4 WHEREAS, the City of San Jacinto created the San Jacinto Redevelopment j i 5 Agency on May 4, 1982, by Ordinance No. 725 for the purpose of pursuing re- i 6 development activities in the Community; and I 7 � WHEREAS, certain provisions of the California Environmental Quality Act EI ti E i 8 1 CEDA , Public Response Code Section 2:000 et. seq.) and the State IF t�1 ue� � 9 dines adopted by The Secretar", for Resources of the State Of I 101 14, California Administration Code Section 1E000 et, seq.} apply to activities It of the San Jacinto Redevelopment Agency; and 12 WHEREAS, it is necessary for the San Jacinto Redevelcpment Agency to 13 approve and adopt procedures for the preparation, processing and review of 14 environmental documents in accordance with State law. j 151 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE SAN JACINTO 16 REDEVELOPMENT AGENCY, AS FOLLOWS: 17 Section 1 . The procedures for the preparation, processing and review 12 of Environmental Documents for the San Jacinto Redevelopment Agency attached 19 hereto and incorporated herein by reference is hereby approved and adopted by 20 the San Jacinto Redevelopment Agency. 211 Section 2. The Secretary of the San Jacinto Redevelopment ,Agency is 221 hereby directed to maintain a copy of said procedures for public inspection 23 and review. 24 PASSED, APPROVED and ADOPTED this i5th day,,'of N vember 1982. J / 25 ATTEST: E 26 il u Chairman 27 � � / ���,��_,_„� San Jacinto Redevelopment Agency Secretary 28 San Jacinto Redevelopment Agency 29 APPROVED AS TO FORM: i 30 31 C ty Attorney 32 I PROCEDURES FOR THE PREPARATION, PROCESSING, AND REVIEW OF ENVIRONMENTAL DOCUMENTS SAN ACIN'.O REDEVELOPMENT AGENCY Adopted: Novemenber 16th 1982 - Resolution No. RDA-82-4 Amended: TABLE OF CONTENTS T. [§100] GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® . .. . . .. . 1 A. [§101] Purpose. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ... 1 B. 0102] Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 1 C. [§103] Definitions. . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . l D. 01041 Harmonizing with City Procedures. . . . .. . . . . 2 E. [§105] Amendments.. . . . . . .. ... . . . . . . . . . . . . . . . . . . . .. .. . . . . . .. . 2 i . [§200] DETERM NINE TYPE OF ENVIRONMENTAL ASSESSMENT REQUIRED. . .. . 2 A. [§201] EIR Required. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . L 8. [§202] Evaluation of Projects in Furtherance of a Redevelopment Plan. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . 3 C. [§203] No Environmental Assessment Necessary. . . . . . . . . . . . .. . . 4 Ill . [§300] ENVIRONMENTAL REVIEW PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . .. . 4 A. [§301] Initial Study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 4 B. [§302] Processing a Negative Declaration. . . . . . . ... . . . . . . . . .. 5 C. [§303] Preparing the Draft EIR. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 6 D. [§304] Consultation on Preparation of the Draft EIR. . . . . . . . . 7 E. [§305] Notice of Completion. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. [§306] Consultation, Public Review, and Notice. . . . .. . . . . . . . . 8 G. [§307] Evaluation of Comments by Agency and Preparation of Final EIR. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . ... . 8 H. [§308] hearing and Notice. .. . . . . . . . . . .. . . . . . . . . .. .. . .. . . .... 9 I. [§309] Certification by the Agency; Findings. . . . . . .. . . . . . .. . 9 J. [§310] Submission to the City Council . . . . . . .. . .. . . . . . . . . ... . 10 K. [§311] Notice of Determination. . .. . . . . . . . . . ... . . . . . .. . . ... . . 10 t RA Resolution A-5 (3) TABLE OF CONTENTS (Cont`d. ) IV. E§4001 TIME LIMITS FOR PROCESSING APPLICATIONS FOR DEVELOPMENT PROJECTS< . . . . . . . < . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . II A. Q4011 Determination of Type of Environmental Assessment. . .. ll S. Q402; Environmental Assessment. . . . .. . . . . . . . . . . . . .. .. ll RA Resolution A-5 (4) PROCEDURES FOR THE PREPARATION, PROCESSING, AND REVIEW OF ENVIRONMENTAL DOCUMENTS I. [§1001 GENERAL A. [§1011 Purpose The purpose of these procedures and criteria (hereinafter referred to as the "Agency EIR Procedures") is to implement the requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. sec .) , the California Environmental Quality Act ("CEQA," Public Resources Code Section 21000 et. sere . ) , and the state EIR Guidelines (hereinafter re- ferred to as the "Guidelines") adopted by the Secretary for Resources of the State of California (Title 14, California Administration Code, Section 15000 et sec .) , particularly with respect to redevelopment agencies. B. [§1021 Application These Agency EIR Procedures are intended to govern the procedures pursuant to which the Agency will prepare, process, and review Initial Studies, Negative Declarations, and Environmental Impact Reports (referred to as "EIRs") and make related environmental determinations. CEQA and the Guide- lines will govern such substantive matters as the definition of a "signifi- cant effect on the environment. Where a procedure is not specified herein, the procedure to be followed by the Agency shall be consistent with CEQA and the Guidelines. C. [§1031 Definitions As used herein, the following definitions apply: "Agency" means the San Jacinto Redevelopment Agency "City" means the City of San Jacinto "City Council " means the City Council of the City of San Jacinto "Development project" means any project for the construction, demo- lition, alteration, or rehabilitation of any structure in a redevelopment pro- ject area by a private person in furtherance of a redevelopment plan pursuant to a disposition and development agreement, owner participation agreement, any other agreement with the Agency, or any lease, permit, license, certifi- cate or other entitlement for use which requires the approval of the Agency. "Project applicant" means a person who proposes a development pro- ject to the Agency. Project applicants include developers who are acquiring -I- RA Resolution A-5 (5) property from the agency pursuant to a disposition and development agreement and property owners who enter into an owner particpation agreement with the Agency. "Responsible Agency" means a public agency other than the San Jacinto Redevelopment Agency which has discretionary approval power over the project. "Trustee Agency" means a state agency having jurisdiction by law over natural resources affected by a project which is held in trust for the people of the State of California. D. [§104] Harmonizing with City Procedures To the greatest extent possible, these Agency EIR Procedures shall be interpreted in a manner that makes them consistent with procedures adopted by the City concerning the preparation, processing, and review of environ- mental documents in order that environmental assessment may be completed effi- ciently and without duplication of time and effort. The Agency may delegate any of its functions hereunder to City staff or advisory bodies to accomplish that objective. E. [§105] Amendments These Agency EIR Procedures may be revised from time to time to conform to amendments to CEQA and the Guidelines or for any other reason. II. [§200] DETERMINING TYPE OF ENVIRONMENTAL ASSESSMENT REQUIRED A. [§201] EIR Required The Agency shall prepare, or cause to be prepared, and EIR in connection with the following activities: (1) Adoption by the City Council of a redevelopment plan for a particular redevelopment project pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq. ) ; or (2) Adoption by the City Council of an amendment to a redevelopment plan for a particular redevelopment project pursuant to the provisions of the Community Redevelopment Law where the Agency or the City Council determines, after an Initial Study, that substantial changes are proposed in the project which may cause a significant effect on the environment not considered at the time the redevelopment plan was adopted. -2- RA Resolution A-5 (6) B. [§202] Evaluation of Projects in Furtherance of a Redevelopment Plan CEQA and the Guidelines provide that all public and private activi- ties or undertakings pursuant to, or in futherance of, a redevelopment plan constitute a single project which shall be deemed approved at the time of adoption of the redevelopment plan by the City Council . Thus, only one EIR need be prepared and certified in connection with the adoption of the redevel- opment plan and subsequent developmental activities in the redevelopment project area do not require independent environmental assessment. The Agency may, however, prepare an Initial Study or other environ- mental assessment to assist the Agency and City Council in considering and implementing any redevelopment project activities and development projects. Subsequent EIRs or Negative Declarations should be prepared for such activi- ties and projects in the following situations: (1) The redevelopment activity involves new significant environ- mental impacts not considered in a previous redevelopment plan EIR; or (2) Substantial changes have occurred with respect to the circum- stances under which the redevelopment project is to be under- taken which will require important revisions in the redevelop- ment plan EIR; or (3) New information of substantial importance to the redevelopment project becomes available; and (a) The information was not known and could not have been known at the time the redevelopment plan EIR was certified as complete, and (b) The new information shows any of the following: 1. The redevelopment activity will have one or more significant effects not discussed previously in the redevelopment plan EIR; or 2. Significant effects previously examined will be sub- stantially more severe than shown in the redevelop- ment plan EIR; or 3. Mitigation measures or alternatives previously found infeasible would, in fact, be feasible and would substantially reduce one or more significant effects of the redevelopment activity; or 4. Mitigation measures or alternatives which were not previously considered in the redevelopment plan EIR would substantially lessen one or more significant effects on the environment. -3- RA Resolution A-5 (7) Tha Agency may cnoose to prepare � supplement to an EIR rather than a subsequent EIR if any of the conditlarns described above would require the preparation of a subsequent LIR and only minor additions or changes would be necessary to make a previous redevelopment plan EIR adequately apply to the project in the changed situation. The supplement to the redevelopment plan EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. The supplement shall be given the same kind of notice and public review as is given to a draft EIR under Section 306 of these Agency EIR Procedures, however, it may be circulated by itself without recirculating the previous redevelopment plan EIR. When the Agency decides whether to approve the project, the City Council shall consider the previous EIR as revised by the supplemental EIR and a finding in accordance with Section 309 of these Agency EIR Procedures shall be made for each significant effect shown in the previous EIR as revised. The Agency or staff making such environmental determination under this Section shall maintain the preliminary analysis constituting said envir- onmental determination in the records of the Agency. C. [§203] No Environmental Assessment Necessary All activities of the Agency and the City prerequisite or prepar- atory to the adoption of a redevelopment plan or amendment to a redevelopment plan by the City Council are exempt from CEQA. Included within this category are informational studies and negotiations with developers. The Agency has not determined any list of ministerial projects or categorically exempt activities in addition to those set forth in the Guide- lines. III. [§300] ENVIRONMENTAL REVIEW PROCEDURES A. [§301] Initial Study The Agency shall prepare an Initial Study where it desires a written determination of whether a Negative Declaration or an EIR shall be prepared. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, then an EIR must be prepared unless potential adverse effects are mitigated to a point where no significant effects would occur. Since an EIR must be prepared for a redevelopment plan, no Initial Study is necessary. An Initial Study may be prepared for redevel- opment plan amendments, development projects, or other activities in further- ance of a redevelopment plan. -4- RA Resolution A-5 (8) a: An Initial Study shall contain in brief form: (I) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning and plans; and (6) the name of the person or persons who prepared or parici- pated in the Initial Study. B. [§302] Processing a Negative Declaration With respect to projects or activites for which an Initial Study has been prepared, if the Agency finds, on the basis of the Initial Study, that the project under review will not have a significant effect on the environment, the Agency shall prepare a Negative Declaration. The Negative Declaration shall include: (I) a brief description of the project, including a commonly used name for the project, if any; (2) the location of the project and name of the project proponent; (3) a finding that the project will not have a significant effect on the environment; (4) an attached copy of the Initial Study documenting reasons to support the finding; and (5) mitigation measures, if any, included in the project to avoid potentially significant effects. With respect to projects or activities for which an Initial Study has been prepared, a mitigated Negative Declaration may be prepared instead of an EIR where the significant effects of a project identified in an Initial Study are clearly mitigated to a point where no significant environmental effects would occur. The mitigation under this section shall be limited to changes in the project resulting from either: 1 . Revisions in the project plans made by the applicant; or 2. An enforceable commitment from the applicant to include the mitigation measures in the project. Where a mitigated Negative Declaration is approved, the agency shall make a finding that the project as approved will not have a significant effect on the environment. Before completing the Negative Declaration the Agency shall consult with the City and all responsible Agencies. Notice of the preparation of a draft Negative Declaraton shall be provided to the public at least ten days prior to final adoption of the Negative Declaration by the Agency. Notice shall be by publication at least once in a local newspaper or by any other means authorized by CEQA and the Guidelines. Notice shall also be given to all organizations and individuals who have previously requested such notice. The Agency shall transmit the Negative Declaration prepared in connection with an amendment to a redevelopment plan to the Planning Commission of the City and the Project Area Committee, if such an organization is in existence, for their review and consideration. _5_ RA Resolution A-5 (9) Notice that the Agency proposes to adopt a Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the Agency of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: 1 ) Publication at least one time as required by Section 6061 of the Government Code by the Agency in a newspaper of general circulation in the area affected by the proposed project. 2) Posting of notice by the Agency on- and off-site in the area where the project is to be located. 3) Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll . After the decision to carry out or approve the project has been made, the Agency shall file with the County Clerk a Notice of Determination. The Notice of Determination shall include: (1) an identification of the project including its common name, where possible, and its location; (2) a brief description of the project; (3) the date on which the Agency approved the project; (4) the determination of the Agency that the project will not have a significant effect on the environment; (5) a statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA; and (6) the address where a copy of the Negative Declaration may be examined. C. E§3031 Preparing the Draft EIR When an EIR is required, the Agency shall first prepare, or cause to be prepared, a draft EIR. The Agency may require a project applicant to submit necessary information and data to it, including but not limited to, a descrip- tion of the project, a statement describing the intended use of the EIR, a list of the agencies that are expected to use the EIR in their decision-making process, and a list of the approvals for which the EIR will be used. The Agency may compile lists and criteria which specify in detail any and all in- formation required from a project applicant. Determination of whether or not a development project application is complete may be made by Agency staff in compliance with Government Code Section 65920 et. sec . and the Permit Guidelines contained in the State Administrative Manual Section 1070 et. sec . The draft EIR shall contain the information required by the Guide- lines in sufficient detail , as determined by the Agency, to permit adequate evaluation and review of the environmental impact of the proposed project. The draft EIR shall contain a brief summary of the proposed action and its consequences in language sufficiently simple that the issues can be under- stood by the average member of the lay public. The summary shall stress the major conclusions, areas of controversy (including issues raised by -6- RA Resolution A-5 (10) ( agencies and the public) , and the issues to be resolved (including the choice among alternatives and how to mitigate the significant effects). The draft EIR shall contain a table of contents or an index. The project shall be described by containing the precise location and boundaries, a statement of objectives sought, and a general description of the project' s technical , eco- nomic and environmental characteristics. The EIR must also include a descrip- tion of the environment in the vicinity of the project as it exists before commencement of the project from both a local and regional perspective. The EIR shall discuss any inconsistencies between the proposed project and appli- cable general plans and regional plans. In considering the planning, acqui- sition, development and operation of the project, the following subjects shall be included for discussion separately: (I) the significant effects of the proposed actions on the environment, directly and indirectly; (2) any significant environmental effects which cannot be avoided if the proposal is carried out; (3) proposed mitigation measures to minimize the significant effects including those suggested for the conservation of energy; (4) reason- able alternatives to the project as planned; (5) relationship between short- term uses proposed and the long-term, cumulative effects of the project; (6) description of any significant irreversible changes that may be produced by the project; and (7) growth-inducing impacts of the proposed project. Effects dismissed in the Initial Study, if any, as clearly insigni- ficant and unlikely to occur, need not be discussed further in the EIR unless the Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. D. [§304] Consultation on Preparation of the Draft EIR. Before completing the draft EIR, the Agency shall consult with the City and all other public agencies involved in carrying out or approving the project. The Agency shall send to the City and any other responsible Agencies and to any Trustee Agency responsible for resources affected by the project a Notice of Preparation in the form set forth in the Guidelines stating that an EIR will be prepared. In addition, the Agency may hold one or more meetings with the City and/or a project applicant to discuss the scope and content of the environmental assessment. Such meetings shall be convened by the Agency no later than 30 days after the meetings are requested. Prior to completing the draft EIR the Agency may, but is not required to, consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious forms later in the review process. E. [§305] Notice of Completion As soon as the draft EIR is completed the Agency shall cause a Notice of Completion to be filed with the Secretary for the Resources Agency -7- RA Resolution A-5 (11 ) in the form set forth in the Guidelines and containing a brief description of the project, its proposed location, the address where copies of the EIR are available, and the period during which comments will be received. F. [§306] Consultation, Public Review, and Notice After completing the draft EIR the Agency shall circulate for comment copies of the draft EIR to, and shall consult with, all public agencies having jurisdiction by law. The Agency may also consult with any person who has special expertise with respect to any environmental impact involved. To facilitate the consultation process, the Agency may use existing state, regional , or local clearinghouses to distribute EIRs and may compile listings of other agencies which have jurisdiction by law and/or special expertise with respect to redevelopment projects. The Agency shall provide public notice of the completion of a draft EIR at the same time it sends a Notice of Completion to the Resources Agency. Public notice shall be given by publication at least once in a local newspaper or by any other means authorized by CEQA and the Guidelines. Notice shall also be given to all individuals and organizations who have previously requested such notice. The period during which the Agency shall receive comments on the Draft EIR shall be no less than 30 or more than 90 days. The Agency shall transmit the draft EIR prepared in connection with the adoption of a redevelopment plan or amendments thereto to the Planning Commission of the City and the Project Area Committee, if such an organization is in existence, for review and consideration. In the event that the proposed project is of statewide, regional or area wide significance as defined in the Guidelines (Section 15161.6) , the draft EIR shall be submitted to the State Clearinghouse and may also be submitted to the metropolitan area council of governments for review and comment. The Agency may furnish copies of the draft EIR to appropriate public libraries to facilitate review by the public. Additionally, the Agency may hold a public hearing for the purpose of obtaining comments from the public, . either in separate proceedings or in conjunction with other proceedings of the Agency. G. [§307] Evaluation of Comments by Agency and Preparation of Final EIR The Agency shall review and evaluate the comments received from persons, entities, and agencies who reviewed the draft EIR. Following the period established by the Agency for receipt of comments on the draft EIR, the Agency shall prepare or cause to be prepared, a final EIR. The final EIR shall consist of: the draft EIR or a revision of Cthe draft EIR; comments and recommendations received on the draft EIR either -8- RA Resolution A-5 (12) ` verbatim or in summary; a list of persons, organizations, and public agencies commenting on the draft EIR; and the responses of the Agency to significant environmental points raised in the review and consultation process. H. [§308] Hearing and Notice Prior to its certification of the final EIR, the Agency shall consider the final EIR at a public hearing. The public hearing may be held at the same time and in conjunction with the public hearing on a redevelopment plan, amendments to a redevelopment plan, a development project, or at any other time. The purpose of the public hearing on the final EIR shall be to consider the adequacy of the final EIR and not matters that should be raised in the review of the draft EIR. Public hearing notice shall be given in the same form and time as notice for any other regularly conducted public hearings before the Agency, provided that in every case notice of review of an EIR shall be published in the local newspaper not less than ten days prior to the public hearing on the EIR. Notice of the public hearing on review of an EIR may be combined with notice of the public hearing on the redevelopment plan, amendments to the redevelopment plan, or development project. I. [§309] Certification by the Agency; Findings In the event that the EIR has been prepared in connection with the adoption of a redevelopment plan or amendments thereto, the Agency shall certify the final EIR prior to the City Council ' s adoption of such redevelop- ment plan or amendments; provided, however, that if the Agency and the City Council hold a joint public hearing as provided in Sections 33355-33359 or Section 33458 of the Health and Safety Code, then the Agency may certify the final EIR following the joint public hearing and before final action by the City Council adopting the redevelopment plan or amendments thereto. In the event that the EIR has been prepared in connection with any project activity or undertaking in furtherance of the redevelopment plan, the Agency shall certify the final EIR prior to the Agency' s approval of said activity or undertaking. The certification of the final EIR shall state that the final EIR has been completed in compliance with CEQA and the State Guidelines and that the decision-making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR prior to the approval of the project. A project for which an EIR has been completed which identifies one or more significant effects of the project shall not be approved unless the -9- RA Resolution A-5 (13) i Agency makes one or more of the following written findings for each of those significant effects accompanied by a statement of the facts supporting each finding: (1) Changes or alterations have been required in, or incorporated into, the projects which mitigate or avoid the significant environmental effects thereof as identified in the final EIR; or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Agency. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or (3) Specific economic, social , or other considerations make infeas- ible the mitigation measures or project alternatives identi- fied in the final EIR. The Agency shall not approve or carry out a project as proposed unless the significant environmental effects have been reduced to any accept- able level , as defined in the Guidelines, except as allowed therein. Where the Agency approves a project which would allow the occurrence of significant effects identified in the final EIR but are not mitigated, the Agency shall make a statement of overriding considerations stating the reasons to support its action. J. E§3101 Submission to the City Council An EIR prepared in connection with a redevelopment plan or amend- ments to a redevelopment plan shall be submitted to the City Council as part of the report required by Section 33352 of the Health and Safety Code prior to the adoption of said redevelopment plan or amendments by the City Council . An EIR prepared in connection with a development project shall be submitted to the City Council for its review and consideration prior to City Council action on said development project, if necessary. K. E§3111 Notice of Determination Where an EIR has been prepared, the Agency shall file, or cause to be filed, a Notice of Determination with the County Clerk following final action on the project. The statement shall include: (1) an identification of the project by its common name, where possible, and its location; (2) a brief description of the project; (3) the date when the Agency approved the project; (4) the determination as to whether the project in its approved form will have a significant effect on the environment; (5) whether mitigation measures were made a condition of the approval of the project; (6) a statement -10- RA Resolution A-5 (14) that the EIR was prepared and certified pursuant to the provisions of CEQA; (7) whether a statement of overriding considerations was adopted for the project; and (8) the address where a copy of the EIR and the record of project approval may be examined. With respect to the adoption of a redevelopment plan or an amendment to a redevelopment plan requiring an EIR, the Notice of Determination shall be filed after final action by the City Council which shall be the adoption of an ordinance adopting the redevelopment plan or amendment thereof. IV. [§400] TIME LIMITS FOR PROCESSING APPLICATIONS FOR DEVELOPMENT PROJECTS A. [§401] Determination of Type of Environmental Assessment Within 45 days after accepting an application for a development project as complete, the Agency shall make an initial determination of whether said project will need an EIR, a Negative Declaration, or no further environ- mental assessment. The Agency shall be deemed to have accepted an applica- tion for a development project as complete on the date that it approves publication of notice of a public hearing on the application. B. [§402] Environmental Assessment In the event that further environmental assessment is necessary or appropriate for a development project, the Agency shall complete and certify an EIR in not more than one year or complete and adopt a Negative Declaration in not more than 105 days after the Agency has accepted the application for a development project as complete. -11- RA Resolution A-5 (15) TABLE OF CONTENTS (Cont 'd. ) IV. [§400] TIME LIMITS FOR PROCESSING APPLICATIONS FOR DEVELOPMENT PROJECTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 A. [§401] Determination of Type of Environmental Assessment. . . . 11 B. [§402] Environmental Assessment. . . . . . . . . . .. . . . .. . . . . . . . . . . . . 11 PROCEDURES FOR THE PREPARATION, PROCESSING, AND REVIEW OF ENVIRONMENTAL DOCUMENTS SAN JACINTO REDEVELOPMENT AGENCY TABLE OF CONTENTS I. [§100] GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. [§101] Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. [§102] Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 C. [§103] Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 D. [§104] Harmonizing with City Procedures. . . . . . . . . . . . . . . . . . . . . 2 E. [§105] Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. [§200] DETERMINING TYPE OF ENVIRONMENTAL ASSESSMENT REQUIRED. . . . . . . 2 A. [§201] EIR Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. [§202] Evaluation of Projects in Furtherance of a RedevelopmentPlan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. [§203] No Environmental Assessment Necessary. . . . . . . . . . . . . . . . 4 III. [§300] ENVIRONMENTAL REVIEW PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. [§301] Initial Study. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. [§302] Processing a Negative Declaration. . . . . . . . . . . . . . . . . . . . 5 C. [§303] Preparing the Draft EIR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 D. [§304] Consultation on Preparation of the Draft EIR. . . . . . . . . 7 E. [§305] Notice of Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 F. [§306] Consultation, Public Review, and Notice. . . . . . . . . . . . . . 8 G. [§307] Evaluation of Comments by Agency and Preparation of Final EIR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 H. [§308] Hearing and Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 I. [§309] Certification by the Agency; Findings. . . . . . . . . . . . . . . . 9 J. [§310] Submission to the City Council . . . . . . . . . . .. . . . . . . . . . . . 10 K. [§311] Notice of Determination. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 10 PROCEDURES FOR THE PREPARATION, PROCESSING, AND REVIEW OF ENVIRONMENTAL DOCUMENTS I. [§100] GENERAL A. [§101] Purpose The purpose of these procedures and criteria (hereinafter referred to as the "Agency EIR Procedures" ) is to implement the requirements of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq. ) , the California Environmental Quality Act ("CEQA," Public Resources Z7ode--g—ection 21000 et. seq. ) , and the state EIR Guidelines (hereinafter re- ferred to as the "Guidelines" ) adopted by the Secretary for Resources of the State of California (Title 14, California Administration Code, Section 15000 et. seq. ) , particularly with respect to redevelopment agencies. B. [§102] Application These Agency EIR Procedures are intended to govern the procedures pursuant to which the Agency will prepare, process, and review Initial Studies , Negative Declarations, and Environmental Impact Reports (referred to as "EIRs" ) and make related environmental determinations. CEQA and the Guide- lines will govern such substantive matters as the definition of a "signifi - cant effect" on the environment. Where a procedure is not specified herein, the procedure to be followed by the Agency shall be consistent with CEQA and the Guidelines. C. [§103] Definitions As used herein, the following definitions apply: "Agency" means the San Jacinto Redevelopment Agency. "City" means the City of San Jacinto. "City Council " means the City Council of the City of San Jacinto. "Development project" means any project for the construction, demo- lition , alteration, or rehabilitation of any structure in a redevelopment pro- ject area by a private person in furtherance of a redevelopment plan pursuant to a disposition and development agreement, owner participation agreement, any other agreement with the Agency, or any lease, permit, license, certifi - cate or other entitlement for use which requires the approval of the Agency. "Project applicant" means a person who proposes a development pro- ject to the Agency. Project applicants include developers who are acquiring -1- property from the agency pursuant to a disposition and development agreement and property owners who enter into an owner particpation agreement with the Agency. "Responsible Agency" means a public agency other than the San Jacinto Redevelopment Agency which has discretionary approval power over the project. "Trustee Agency" means a state agency having jurisdiction by law over natural resources affected by a project which is held in trust for the people of the State of California. D. [§104] Harmonizing with City Procedures To the greatest extent possible, these Agency EIR Procedures shall be interpreted in a manner that makes them consistent with procedures adopted by the City concerning the preparation, processing, and review of environ- mental documents in order that environmental assessment may be completed effi - ciently and without duplication of time and effort. The Agency may delegate any of its functions hereunder to City staff or advisory bodies to accomplish that objective. E. [§105] Amendments '. These Agency EIR Procedures may be revised from time to time to conform to amendments to CEQA and the Guidelines or for any other reason. II. [§200] DETERMINING TYPE OF ENVIRONMENTAL ASSESSMENT REQUIRED A. [§201] EIR Required The Agency shall prepare, or cause to be prepared, and EIR in connection with the following activities : (1) Adoption by the City Council of a redevelopment plan for a particular redevelopment project pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq. ) ; or (2) Adoption by the City Council of an amendment to a redevelopment plan for a particular redevelopment project pursuant to the provisions of the Community Redevelopment Law where the Agency or the City Council determines , after an Initial Study, that substantial changes are proposed in the project which may cause a significant effect on the environment not considered at the time the redevelopment plan was adopted. -2- B. [§202] Evaluation of Projects in Furtherance of a Redevelopment Plan CEQA and the Guidelines provide that all public and private activi - ties or undertakings pursuant to, or in futherance of, a redevelopment plan constitute a single project which shall be deemed approved at the time of adoption of the redevelopment plan by the City Council . Thus, only one EIR need be prepared and certified in connection with the adoption of the redevel - opment plan and subsequent developmental activities in the redevelopment project area do not require independent environmental assessment. The Agency may, however, prepare an Initial Study or other environ- mental assessment to assist the Agency and City Council in considering and implementing any redevelopment project activities and development projects. Subsequent EIRs or Negative Declarations should be prepared for such activi - ties and projects in the following situations : (1) The redevelopment activity involves new significant environ- mental impacts not considered in a previous redevelopment plan EIR; or (2) Substantial changes have occurred with respect to the circum- stances under which the redevelopment project is to be under- taken which will require important revisions in the redevelop- ment plan EIR; or (3) New information of substantial importance to the redevelopment project becomes available; and (a) The information was not known and could not have been known at the time the redevelopment plan EIR was certified as complete; and (b) The new information shows any of the following: 1. The redevelopment activity will have one or more significant effects not discussed previously in the redevelopment plan EIR; or 2. Significant effects previously examined will be sub- stantially more severe than shown in the redevelop- ment plan EIR; or 3. Mitigation measures or alternatives previously found infeasible would, in fact, be feasible and would substantially reduce one or more significant effects of the redevelopment activity ; or 4. Mitigation measures or alternatives which were not previously considered in the redevelopment plan EIR would substantially lessen one or more significant effects on the environment. -3- The Agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if any of the conditions described above would require the preparation of a subsequent EIR and only minor additions or changes would be necessary to make a previous redevelopment plan EIR adequately apply to the project in the changed situation. The supplement to the redevelopment plan EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. The supplement shall be given the same kind of notice and public review as is given to a draft EIR under Section 306 of these Agency EIR Procedures, however, it may be circulated by itself without recirculating the previous redevelopment plan EIR. When the Agency decides whether to approve the project, the City Council shall consider the previous EIR as revised by the supplemental EIR and a finding in accordance with Section 309 of these Agency EIR Procedures shall be made for each significant effect shown in the previous EIR as revised. The Agency or staff making such environmental determination under this Section shall maintain the preliminary analysis constituting said envir- onmental determination in the records of the Agency. C. [§203] No Environmental Assessment Necessary All activities of the Agency and the City prerequisite or prepar- atory to the adoption of a redevelopment plan or amendment to a redevelopment plan by the City Council are exempt from CEQA. Included within this category are informational studies and negotiations with developers. The Agency has not determined any list of ministerial projects or categorically exempt activities in addition to those set forth in the Guide- lines. III. [§300] ENVIRONMENTAL REVIEW PROCEDURES A. [§301] Initial Study The Agency shall prepare an Initial Study where it desires a written determination of whether a Negative Declaration or an EIR shall be prepared. If any aspects of the project, either individually or cumulatively, may cause a significant effect on the environment, then an EIR must be prepared unless potential adverse effects are mitigated to a point where no significant effects would occur. Since an EIR must be prepared for a redevelopment plan, no Initial Study is necessary. An Initial Study may be prepared for redevel - opment plan amendments, development projects, or other activities in further- ance of a redevelopment plan. -4- An Initial Study shall contain in brief form: (1) a description of the project, including the location of the project ; (2) an identification of the environmental setting ; ( 3) an identification of environmental effects ; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning and plans ; and (6) the name of the person or persons who prepared or parici - pated in the Initial Study. B. [§302] Processing a Negative Declaration With respect to projects or activites for which an Initial Study has been prepared, if the Agency finds, on the basis of the Initial Study, that the project under review will not have a significant effect on the environment, the Agency shall prepare a Negative Declaration. The Negative Declaration shall include: (1) a brief description of the project, including a commonly used name for the project , if any; (2) the location of the project and name of the project proponent ; (3) a finding that the project will not have a significant effect on the environment; (4) an attached copy of the Initial Study documenting reasons to support the finding ; and (5) mitigation measures, if any, included in the project to avoid potentially significant effects. With respect to projects or activities for which an Initial Study has been prepared, a mitigated Negative Declaration may be prepared instead of an EIR where the significant effects of a project identified in an Initial Study are clearly mitigated to a point where no significant environmental effects would occur. The mitigation under this section shall be limited to changes in the project resulting from either: 1. Revisions in the project plans made by the applicant ; or 2. An enforceable commitment from the applicant to include the mitigation measures in the project. Where a mitigated Negative Declaration is approved, the agency shall make a finding that the project as approved will not have a significant effect on the environment. Before completing the Negative Declaration the Agency shall consult with the City and all responsible Agencies. Notice of the preparation of a draft Negative Declaraton shall be provided to the public at least ten days prior to final adoption of the Negative Declaration by the Agency. Notice shall be by publication at least once in a local newspaper or by any other means authorized by CEQA and the Guidelines. Notice shall also be given to all organizations and individuals who have previously requested such notice. The Agency shall transmit the Negative Declaration prepared in connection with an amendment to a redevelopment plan to the Planning Commission of the City and the Project Area Committee, if such an organization is in existence, for their review and consideration. -5- Notice that the Agency proposes to adopt a Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the Agency of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures : 1) Publication at least one time as required by Section 6061 of the Government Code by the Agency in a newspaper of general circulation in the area affected by the proposed project. 2) Posting of notice by the Agency on- and off-site in the area where the project is to be located. 3) Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll . After the decision to carry out or approve the project has been made, the Agency shall file with the County Clerk a Notice of Determination. The Notice of Determination shall include: ( 1) an identification of the project including its common name, where possible, and its location ; (2) a brief description of the project ; (3) the date on which the Agency approved the project ; (4) the determination of the Agency that the project will not have a significant effect on the environment ; (5) a statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA; and (6) the address where a copy of the Negative Declaration may be examined. C. [§303] Preparing the Draft EIR When an EIR is required, the Agency shall first prepare, or cause to be prepared , a draft EIR. The Agency may require a project applicant to submit necessary information and data to it, including but not limited to, a descrip- tion of the project , a statement describing the intended use of the EIR, a list of the agencies that are expected to use the EIR in their decision-making process, and a list of the approvals for which the EIR will be used. The Agency may compile lists and criteria which specify in detail any and all in- formation required from a project applicant. Determination of whether or not a development project application is complete may be made by Agency staff in compliance with Government Code Section 65920 et. seq. and the Permit Guidelines contained in the State Administrative Manual Section 1070 et. seq. The draft EIR shall contain the information required by the Guide- lines in sufficient detail , as determined by the Agency, to permit adequate evaluation and review of the environmental impact of the proposed project. The draft EIR shall contain a brief summary of the proposed action and its consequences in language sufficiently simple that the issues can be under- stood by the average member of the lay public. The summary shall stress the major conclusions, areas of controversy (including issues raised by -6- agencies and the public) , and the issues to be resolved (including the choice among alternatives and how to mitigate the significant effects). The draft EIR shall contain a table of contents or an index. The project shall be described by containing the precise location and boundaries, a statement of objectives sought, and a general description of the project 's technical , eco- nomic and environmental characteristics. The EIR must also include a descrip- tion of the environment in the vicinity of the project as it exists before commencement of the project from both a local and regional perspective. The EIR shall discuss any inconsistencies between the proposed project and appli - cable general plans and regional plans. In considering the planning, acqui - sition, development and operation of the project, the following subjects shall be included for discussion separately: (1) the significant effects of the proposed actions on the environment, directly and indirectly; (2) any significant environmental effects which cannot be avoided if the proposal is carried out; (3) proposed mitigation measures to minimize the significant effects including those suggested for the conservation of energy; (4) reason- able alternatives to the project as planned; (5) relationship between short- term uses proposed and the long-term, cumulative effects of the project; (6) description of any significant irreversible changes that may be produced by the project ; and (7) growth-inducing impacts of the proposed project. Effects dismissed in the Initial Study , if any, as clearly insigni - ficant and unlikely to occur, need not be discussed further in the EIR unless the Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. D. [§304] Consultation on Preparation of the Draft EIR Before completing the draft EIR, the Agency shall consult with the City and all other public agencies involved in carrying out or approving the project. The Agency shall send to the City and any other responsible Agencies and to any Trustee Agency responsible for resources affected by the project a Notice of Preparation in the form set forth in the Guidelines stating that an EIR will be prepared. In addition, the Agency may hold one or more meetings with the City and/or a project applicant to discuss the scope and content of the environmental assessment. Such meetings shall be convened by the Agency no later than 30 days after the meetings are requested. Prior to completing the draft EIR the Agency may, but is not required to, consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consultation solves many potential problems that would arise in more serious forms later in the review process. E. [§305] Notice of Completion As soon as the draft EIR is completed the Agency shall cause a Notice of Completion to be filed with the Secretary for the Resources Agency -7- in the form set forth in the Guidelines and containing a brief description of the project, its proposed location, the address where copies of the EIR are available, and the period during which comments will be received. F. [§306] Consultation, Public Review, and Notice After completing the draft EIR the Agency shall circulate for comment copies of the draft EIR to, and shall consult with, all public agencies having jurisdiction by law. The Agency may also consult with any person who has special expertise with respect to any environmental impact involved. To facilitate the consultation process, the Agency may use existing state, regional , or local clearinghouses to distribute EIRs and may compile listings of other agencies which have jurisdiction by law and/or special expertise with respect to redevelopment projects. The Agency shall provide public notice of the completion of a draft EIR at the same time it sends a Notice of Completion to the Resources Agency. Public notice shall be given by publication at least once in a local newspaper or by any other means authorized by CEQA and the Guidelines. Notice shall also be given to all individuals and organizations who have previously requested such notice. The period during which the Agency shall receive comments on the Draft EIR shall be no less than 30 or more than 90 days. The Agency shall transmit the draft EIR prepared in connection with the adoption of a redevelopment plan or amendments thereto to the Planning Commission of the City and the Project Area Committee, if such an organization is in existence, for review and consideration. In the event that the proposed project is of statewide, regional or area wide significance as defined in the Guidelines (Section 15161.6) , the draft EIR shall be submitted to the State Clearinghouse and may also be submitted to the metropolitan area council of governments for review and comment. The Agency may furnish copies of the draft EIR to appropriate public libraries to facilitate review by the public. Additionally, the Agency may hold a public hearing for the purpose of obtaining comments from the public, either in separate proceedings or in conjunction with other proceedings of the Agency. G. [§307] Evaluation of Comments by Agency and Preparation of Final EIR The Agency shall review and evaluate the comments received from persons, entities, and agencies who reviewed the draft EIR. Following the period established by the Agency for receipt of comments on the draft EIR, the Agency shall prepare or cause to be prepared, a final EIR. The final EIR shall consist of: the draft EIR or a revision of the draft EIR; comments and recommendations received on the draft EIR either -8- verbatim or in summary; a list of persons, organizations, and public agencies commenting on the draft EIR; and the responses of the Agency to significant environmental points raised in the review and consultation process. H. [§308] Hearing and Notice Prior to its certification of the final EIR, the Agency shall consider the final EIR at a public hearing. The public hearing may be held at the same time and in conjunction with the public hearing on a redevelopment plan, amendments to a redevelopment plan, a development project, or at any other time. The purpose of the public hearing on the final EIR shall be to consider the adequacy of the final EIR and not matters that should be raised in the review of the draft EIR. Public hearing notice shall be given in the same form and time as notice for any other regularly conducted public hearings before the Agency, provided that in every case notice of review of an EIR shall be published in the local newspaper not less than ten days prior to the public hearing on the EIR. Notice of the public hearing on review of an EIR may be combined with notice of the public hearing on the redevelopment plan, amendments to the redevelopment plan, or development project. I. [§309] Certification by the Agency; Findings In the event that the EIR has been prepared in connection with the adoption of a redevelopment plan or amendments thereto, the Agency shall certify the final EIR prior to the City Council 's adoption of such redevelop- ment plan or amendments ; provided, however, that if the Agency and the City Council hold a joint public hearing as provided in Sections 33355-33359 or Section 33458 of the Health and Safety Code, then the Agency may certify the final EIR following the joint public hearing and before final action by the City Council adopting the redevelopment plan or amendments thereto. In the event that the EIR has been prepared in connection with any project activity or undertaking in furtherance of the redevelopment plan, the Agency shall certify the final EIR prior to the Agency's approval of said activity or undertaking. The certification of the final EIR shall state that the final EIR has been completed in compliance with CEQA and the State Guidelines and that the decision-making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR prior to the approval of the project. A project for which an EIR has been completed which identifies one or more significant effects of the project shall not be approved unless the -9- Agency makes one or more of the following written findings for each of those significant effects accompanied by a statement of the facts supporting each finding: (1) Changes or alterations have been required in, or incorporated into, the projects which mitigate or avoid the significant environmental effects thereof as identified in the final EIR; or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Agency. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or (3) Specific economic, social , or other considerations make infeas- ible the mitigation measures or project alternatives identi - fied in the final EIR. The Agency shall not approve or carry out a project as proposed unless the significant environmental effects have been reduced to any accept- able level , as defined in the Guidelines, except as allowed therein. Where the Agency approves a project which would allow the occurrence of significant effects identified in the final EIR but are not mitigated, the Agency shall make a statement of overriding considerations stating the reasons to support its action. J. [§310] Submission to the City Council An EIR prepared in connection with a redevelopment plan or amend- ments to a redevelopment plan shall be submitted to the City Council as part of the report required by Section 33352 of the Health and Safety Code prior to the adoption of said redevelopment plan or amendments by the City Council . An EIR prepared in connection with a development project shall be submitted to the City Council for its review and consideration prior to City Council action on said development project, if necessary. K. [§311] Notice of Determination Where an EIR has been prepared, the Agency shall file, or cause to be filed, a Notice of Determination with the County Clerk following final action on the project. The statement shall include: (1) an identification of the project by its common name, where possible, and its location ; (2) a brief description of the project ; ( 3) the date when the Agency approved the project ; (4) the determination as to whether the project in its approved form will have a significant effect on the environment ; (5) whether mitigation measures were made a condition of the approval of the project ; (6) a statement -10- that the EIR was prepared and certified pursuant to the provisions of CEQA; (7) whether a statement of overriding considerations was adopted for the project ; and (8) the address where a copy of the EIR and the record of project approval may be examined. With respect to the adoption of a redevelopment plan or an amendment to a redevelopment plan requiring an EIR, the Notice of Determination shall be filed after final action by the City Council which shall be the adoption of an ordinance adopting the redevelopment plan or amendment thereof. IV. [§400] TIME LIMITS FOR PROCESSING APPLICATIONS FOR DEVELOPMENT PROJECTS A. [§401] Determination of Type of Environmental Assessment Within 45 days after accepting an application for a development project as complete, the Agency shall make an initial determination of whether said project will need an EIR, a Negative Declaration, or no further environ- mental assessment. The Agency shall be deemed to have accepted an applica- tion for a development project as complete on the date that it approves publication of notice of a public hearing on the application. B. [§402] Environmental Assessment In the event that further environmental assessment is necessary or appropriate for a development project, the Agency shall complete and certify an EIR in not more than one year or complete and adopt a Negative Declaration in not more than 105 days after the Agency has accepted the application for a development project as complete. -11-