HomeMy WebLinkAboutResolution - 1348 I RESOLUTION NO. 1348
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ADOPTING CRITERIA AND
3 PROCEDURES FOR THE EVALUATION OF PROJECTS AND THE
PREPARATION OF ENVIRONMENTAL IMPACT REPORTS FOR
4 PRIVATE PROJECTS PURSUANT TO THE CALIFORNIA EN-
VIRONMENTAL QUALITY ACT OF 1970, AS AMENDED BY
5 STATUTES 1972, CHAPTER 1154.
6 WHEREAS the California Legislature adopted Assembly Bill 889
which was signed by the Governor on December 5, 1972, providing for the
7 adoption of _guidelines by all public agencies to establish criteria and
procedures for the evaluation of projects and the preparation of 'Environ-
8 mental Impact Reports pursuant to the California Environmental Impact
Environmental Quality Act of 1970;
4
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
1p City of San Jacinto, California .
11 SECTION 1 : The following criteria and procedures are hereby
adopted pursuant to the Cal'ifornia Environmental Quality Act of 1970, as
12 amended.
13 SECTION 2: DEFINITIONS For the purposes of this resolution,
the following words and p rases shall have the meanings respectively ascribed
14 to them:
15 A. Categorical Exemptions - Those ,private projects determined
by the City Council to have no significant effect on the environment and
16 therefore exempt from the requirement for the preparation of an Environ-
mental Impact Report.
17
B. Environment - The total conditions existing in an area
1 8 which will be affected by a proposed project including land, air, water,
minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
19 significance and social and economic interaction.
20 C. Environmental Analysis - Information provided by sh the.appli-
_
cant from which e Plannin_g_ Department shall prepare a draft Environmental
21 Impact Report.
22 D. Environmental Assessment - A formal evaluation process to
determine whether a proposed project may have a significant effect on the
23 environment.
a E. Environmental Impact P.eport (EIR) - A report which identifies
2 and analyzes the environmental effects, both positive and negative, of a
25 proposed project.
2 0 1 . Draft EIR - a report prepared by the Planning Department
based on data provided by the applicant and containing the
27 elements described in Section 8 C of this resolution.
2. Final EIR - an EIR containing the elements` described in
28 Section 8 C of this resolution, as wellas any comments
2-9 resulting from the public review of the draft EIR and the
response of the Planning Department to such comments.
30 F. Neoative -Declaration - A written announcement filed with
31 the Clerk of the County of Riverside indicating that a proposed project,
although not categorically exempt, will have no significant effect on the
_3 2 environment if undertaken and therefore does notrequire the preparation
of an_EIR_
1 C. Notice of Completion - A brief written notice filed with
the State Secretary for Resources subsequent to the completion of a draft
2 EIR and ,prior to the distribution of copies of the draft for public review
and/or comment. Such notice shall include a brief description of the pro-
3 ject, its proposed location, and an address where copies of the draft EIR
are available:
. 4
H. Notice of determination - A brief written notice filed
5 with the Clerk of—the—County of Riverside subsequent to the City
Council ' s decision to approve or disapprove a project. Such notice shall
5 include the decision of the City Council to approve or disapprove
the project, the determination of the City Council whether the -
7 . project will have a significant effect on the environment, and whether an
EIR has been prepared in accordance with Sections through 12 of this
8 resolution.
9 I . Person - Any person, firm, association, organization,
partnership, business, trust, corporation or company.
10
J . Project - The whole of any action undertaken by any person,
11 resulting in a total impact on the environment, directly or indirectly.
12 1 . Project includes:
13 (a) An activity directly undertaken by any person in-
cluding but not limited to construction of new
3-4 structures and related activities, clearing of land,
subdivision or improvements to existing priv$te
15 structures .
16 (b) An activity undertaken by a person which is supported
in whole or in part through public agency contracts,
17 grants, subsidies, loans, or other forms of assistance
from one or more public agencies .
18
(c) An activity involving the issuance to a person of a
19 lease, permit, license, certificate, or other en-
titlement for use by one or more City departments. -
20
2. Project does not include anything specifically exempted
21 4 by State law or this resolution.
22 K. Significant Environmental Effects - Those effects associated
with a substantial adverse negative impact on the environment, to include
23 but not limited to those actions which:
24 1 . Involve a large-scale alteration of existing environmental
components: air, water, land configurations, plant or
25 j animal food chains and habitats, and the like.
26 2. Could create substantial alteration of the physical , chemical
or biological properties of the air, water or land in a
manner contrary to the promotion of the health, safety or .
27 i welfare of a substantial number of persons or to the
28 balance of an ecological resource.
29 1 3. Impact to a measurable degree upon rare or endangered plant
or animal species.
30
G. Could cause substantial interference with the movement of
31 any resident or migratory fish or wildlife species.
32 5. Flay be subject to major geologic hazard or create sub-
stantial flooding, erosion or siltation.
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l 6: Involve disruption of existing neighborhoods or communities .
- 7. Could do irrevocable harm to the aesthetic amenities of an
area or resource.
3 _
8. Could substantially change existing uses of an area or
4 resource.
5 9. Disrupt or alter the appearance or surroundings of a
historical ,or archaeological site.
6 10. Are in,conflict with City-adopted environmental plans and
7 goals.
8 SECTION 3: PROJECT EXEMPTIONS
9 A. Ministerial Project Exemptions The following actions are
hereby found to be ministerial in nature and are therefore exempt from the
10 requirements of the California Environmental Quality Act of 1970.
11 1 . _Business licenses
12 2._ Final subdivision naps.
13 3. Sign permits.
14 4• Permits issued by the Police and Fire Departments .
15 B. Categorical Exemption - A project that is ordinarily, in-
significant in its impact; on the environment may, in a particularly sensi-
16 tive environment, be significant Therefore, such items are considered to
be exempt in all instances, EXCEPT where the project may impact on an
17 environmental resource or hazard of critical concern as may be hereafter
designated,_precisely mapped, and officially adopted pursuant to law. . (Ex-
18 cept as otherwise designated, the Planning Department shall be authorized
to make a determination regarding the exemption status of any project
1 9 covered by the provisions of this section. Any: person aggrieved or affected
by any decision of the Planning Department or other , Department regarding
20 the exempt status of a project may appeal to the City Council within fifteen
(15) days after the date upon which the Department announces its decision. An
21 appeal shall be filed in writing with the department and by concurrently pay-
ing to said department a fee established by City Council resolution. < The
22 appeal fee shall be waived in the case of an appeal by a City officer. The
written appeal shall set forth the grounds upon which the appeal is based.
23 I The City Council shall consider the appealwithin fifteen (15) days after re
ceipt- of the written appeal and the filing fee, and the City Council shall
211 affirm, modify or reverse the decision of the department. All exemptions for
these classes are inapplicable when the cumulative impact of successive pro-
2 5 lects of the same type in the same locale, over time, is significant. Upon
determination of the project's favorable location, categorically exemptions
26 shall be available for projects eligible under ARTICLE B, Division 6 of
Title 14' of the State of California Administrative Code (Appendix A).
27 G SECTION 4: ENVIRONMENTAL ASSESSMENTS - DATA - For those
I applications to any City board, comnission, department, division or agency
28 for any, permit, right, privilege or other entitlement not found to be exempt
in Section 3 of this resolution, the applicant shall provide data as re-
2 9 quired by the City of San Jacinto to prepare an environmental assessment.
30 I SECTION 5: PREPARATION OF AN ENVIRDT ENTAL ASSESSMENT
i
31 A. Applicants for all private projects requiring City approval ,
other than projects specifically exempted by Section 3 of this resolution
32 shall complete an environmental information form and; submit the completed
form to the City department having original jurisdiction over the project
I at the time of application:
B. Following submission of a completed environmental informa-
tion form except for planning applications, the department Having original
jurisdiction over the permit shall complete an Environmental
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1 Assessment . The Environmental Assessment for all, projects, except those
submitted for pla'nni.na applications shall be completed by the
2 department as early as possible in order that the City Council may make
its determination no -later than 105 days subsequent to the complete sub-
3 mission of the required environmental information .
4 C. An Environmental Assessment for a planning
application shall be completed by the Community Development Department and
5 said•Assessment shall be reviewed by the Planning Commission for recommenda-
tion to the City Council in order to allow the City Council to make>a`
6 determination within 105 days.
7 SECTION 6: ENVIRONMENTAL ' ASSESSMENT `REVIEW BY THE PLANNING
COMMISSION. (EXCEPT CONDITIONAL USE PERMIT, VARIANCE,I
NEW ZONING, RE-ZONING
8 AND SUBDIVISION APPLICATIONS) .
g A. The Planning Commission shall review all private
-planning projects requiring City approval except those projects exempted
10 by Section 3 of this resolution, conditional use permit, variance, new zoning,
rezoning and subdivision applications .
11
B. Based on data provided by the applicant and the completed
12 Environmental Assessment, the Planning Commission shall recommend to the City
Council whether the project may have a significant effect on the environment.
13
SECTION 7: ENVIRONMENTAL ASSESSMENT REVIEW BY THE PLANNING
14 COMMISSION. CONDITIONAL USE PERMIT, VARIANCE, NEW ZONING, CHANGE OF ZONE
AND SUBDIVISION APPLICATIONS)
15
A. The Planning Commission shall review applications for all
16 conditional use permits„ variances, changes of zone, new zonings and sub-
divisions except those exempted by Section 3 of this resolution, for possi-
17 ble environmental effects.
1 8 B. Based on data provided by the applicant and the completed
Environmental Assessment, the Planning Commission shall , at the time of
19 the hearing on the application, determine and recommend to the City Council
whether the project may have a significant effect on the environment. Should
20 the Planning Commission recommend preparation of an -EIR the project
approval shall be carried over until after the EIR has been prepared or a
21 Negative Declaration adopted by the City Council .
22 SECTION 8: ENVIRONMENTAL ASSESSMENT REVIEW BY THE'CITY_ COUNCIL
23 1
24 A. The City Council shall review all private and City projects
f requiring City approval except those projects exempted by Section 3 of this
25 I resolution.
B. Based on the data provided by the applicant and the
26 lannin❑ a olica-
Environmental Assessment and in the case of p _ o
2-7 tions, the Planning Commission recommendation, the City Council shall
determine whether the project may have a significant effect on the environment
28 C. Should the City Council determine that the project will not
29 ' have a significant effect on the environment, a Negative Declaration shall
be prepared by the department having jurisdiction over the project and filed
30 with the Clerk of the County of Riverside not later than five (5) days
following the date upon which the City Council announces its decision. Such
31 declaration shall include a description of the project as proposed and a
finding that the project will not have a significant effect upon the environ-
32 ment. No earlier than fifteen (15) days following the City Council findings ,
the Department may issue the necessary permits for the project providing all
other requirements have been complied with.
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1 D. Should the City Council find that there may be a signi-
ficant effect on the environment upon reviewing an application for any
2 project the City_Council may consider project modifications to mitigate
or eliminate the 'adverse impacts . If mitigation measures are ,not adopted
3 to eliminate the possibility of a significant effect on the environment,
an EIR shall be prepared and processed in accordance with the procedures
'through 12 of this resolution. In determining to
4 outlined in Sections 9
prepare an EIR the Council shall also indicate those areas upon which
the EIR shall focus. The Planning Department shall send a,Notice of ._
Preparation to each Responsible Agency and Trustee Agency responsible for
6 resources affected by the project and consult with those agencies in
accordance with Section 15066 of Title 14 of the Administrative Code of
7 the State of California. - The Planning Department, after receipt of the
completed Environmental Analysis from the applicant, shall prepare and
8 process such report in accordance with theprocedures outlined in Sections
8 through 11 of this resolution .
9 SECTION 9: PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT .
1a
A. A draft Environmental Impact Report is intended to supply
11 pertinent environmental information about a project so that an analysis
of possible environmental effects will become part of the decision-making
1 2 process . -
1 3 B. The Planning Department should consult with any person or
organization which it believes will be concerned with the environmental
14 effects of the project.
1-5
5 C. An Environmental Analysis shall be completed by the
applicant or his representative and submitted to the Planning Department
16 for an initial review. Said review period shall not exceed five (5)
working days and during this period the Planning Department, shall ascertain
17 whether the completed Environmental Analysis contains adequate data from
which a draft Environmental Impact Report may be prepared by the department.
18 If the Planning Department determines that the Environmental Analysis
lacks sufficient data , the Analysis shall be returned to the 'applicant
1 g for further input as required by the Department. When the Planning
Department determines that the submitted Environmental Analysis meets
20 the intent of this section, the applicant shall be notified of said deter
mination and required to pay a fee established by City Council resolution
1 to defray City costs of preparing and processing the draft and the final
Environmental Impact Reports.
22 ' D. The Environmental Analysis and draft Environmental 'Impact
23 Report shall contain at least the following:
24 1 . Topographic Mao - The location and boundaries of the pro-
posed project plotted on an appropriate topographical map.
25 2. Summary - A brief summary of the proposed action and its
126 I consequences in language sufficiently simple that the- issues
can be understood by the average member of the lay public.
The summary shall stress the major conclusions, areas of
27 controversy (including issues raised by agencies and the
28 public) , and the issues to be resolved (including the choice
among alternatives and how to mitigate the significant
29 effects) . The summary should normally not exceed 15 pages.
30 3. The information contained in an EIR shall include summarized ,
technical data , maps plot plans, diagrams and similar relevant
31 information sufficient to permit full assessment of signi-
ficant environmental impacts by reviewing agencies and members
3 2; of the public. Placement of highly technical and specialized
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1 analysis and data in the body of an EIR should be avoided
through inclusion of supporting -information and analyses as
2 appendices to the main body of the EIR Appendices to the EIR
may be prepared in volumes separate from the basic EIR
3 document but shallbe available for public examination and
shall be submitted to all clearinghouses which assist in
4 public review.
5 4. A Detailed Description of the Project - Discuss the reason
for the project, its objectives, the activities associated
6 with its construction and/or operation, and its technical,
economic and environmental characteristics considering the
7 principal engineering proposals.
8 5. A Description of the Environmental Setting of the.Project
Describe the environmental surroundings as they now exist
9 (before the project) . Discussion should include the imme-
diate area of the project and the community-wide aspects of
3-0 the environment which surround the project area. It shall
address itself to natural and man-made;features and to the
11 present uses of the area . Specific reference should be made
to related' projects, both public and private, both existing
i2 and planned in the area so as to examine the possible
cumulative impact of such projects .
13 6. Relationship of the Project to Adopted and Proposed Plans
14 Describe how the project relates to all City and regional
adopted and proposed general and specific plans. .-
1 5 7. The Boundaries of the Area which may be Significantly
16 Affected ,by the Proposed Action
Describe the general area which may be significantly affected
17 by the project and to what degree that area will be affected.
Include specific examples .
1 8 ..:B. The Environmental Im-_act ct of the Proposed Project
The EIR should be prepared using a systematic, inter-
19
disciplinary approach. The interdisciplinary analysis shall
be conducted by competent individuals, but no single disciplin
20
i shall be designated or required to undertake this evaluation.
Preparation of EIRs is dependent upon information from many
21 sources, including the engineering project report and many
scientific documents relating to environmental features. The
2 2 j EIR shall reference all documents used in its preparation
2 3 including where possible, a citation to the; page and section
number of any technical reports which were used as the basis
24
for any statements in the EIR.
C
2 5 The EIR should discuss environmental effects in proportion
to their severity and probability of occurrence. Effects
dismissed in an Initial Study as clearly insignificant and
26 unlikely to occur need not be discussed further in the
27 i EIR unless the City subsequently receives information in-
consistent 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.
29 I 9. Deletion of Topics
An EIR, shall contain a statement briefly indicating the
-3 0 reasons for determining that various effects of a `project tha'
could possibly be consideredsignificant were not found to be
31 significant and consequently were not discussed in detail
in the EIR.
32
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1 10. The Significant Environmental Effects of the Proposed Project.
Describe the direct and indirect significant effects of the
2 project on the environment, giving due consideration to both
the short-term and long-term effects . It should include
3 relevant specifics of the area, the resources involved,
physical changes, alterations to ecological systems and change
4 induced in population distribution, population concentration,
the human use of the land (including commercial and -
resi-t dential development) and other aspects of the;resource base
such as water, scenic quality and public services. Cumula-
6 tive effects shall also be discussed when found to be signi-
ficant.
7 -
11 . Any Significant Environmental Effects WhichCannot be Avoided
if the Proposal 's Implemented.
Describe any significant impacts, including those which can
9 be reduced to an insignificant level but not eliminated'.
Where there are impacts that cannot be alleviated without
10 imposing an alternative design, their implications and the
reasons why the project is being proposed, notwithstanding
11 their effect, should be described. Describe significant
impacts on any aesthetically valuable surroundings, or on
12 human health.
13 12. Mitigation Measures Proposed to Minimize the Significant
Effects.
14 Describe significant, avoidable, adverse impacts, including
inefficient and unnecessary consumption of energy, and 'mea-
1 5 sures to minimize these impacts. The discussion of mitiga-
tion shall distinguish between the measures which are pro-
1 6 posed by project proponents to be included in the project
and other measures that are not included but could reasonably
17 be expected to reduce adverse impacts. This discussion shall
identify the mitigation measures which will eliminate
18 ( such impacts or reduce them to a level of insignificance.
Where several measures are available to migigate an impact,
1 each should be discussed and the basis for selecting a
particular measure should be identified. Energy conserva-
2 ! tion measures, as well as other appropriate mitigation
measures shall be discussed when relevant.
21
13. Alternatives to the'Proposed Project
22 Alternative kinds of projects or locations which have been
considered as possible means of attaining the objectives of
23 I the project and mitigating significant environmental effect
shall be discussed. The alternatives of no project shall
always be evaluated.
24
25
14 . The Relationship Between Local Short-Term Uses of Man's
-_.._ _ .
Environment and the Mii ntenance and Enhancement du o Long
-
Term Term Proctivity_
Discuss the reasons why the proposed action is believed
2 7 by the sponsor to be justified now, rather than reserving
a long-term option for other alternatives. In addition,
28 describe the cumulative and long-term effects of the proposed
project which adversely affect the state of the environ-
2 9 ment giving special attention to impacts which narrow the
range of beneficial uses of the environment or pose long-
30 term risks to public health and safety.
31
32
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1 15. Any Significant Irreversible Environmental Changes Which
Would Occur if the Proposed Project is Implemented
2 Discuss whether the project will enhance or inhibit anti-
cipated future uses of the project area and its surroundings.
3 Any irretrievable and significant commitments of resources
to a:project shall be evaluated to assure that such current
4 consumption is justified.
5 16. The Growth-Inducinq Impact of the Pro osed Project -
Discuss the type s . of new development that would be
6 encouraged as a result of the project either adjacent to
the project site or in other areas of the community, and
7 the effect that such development might have on the community,
in terms of .economic or population, growth, either directly
8 or indirectly.
9 17. Organization and Persons Consulted
List all Federal , State or local agencies and other or-
ganizations3-0 and private individuals consulted in preparing
the draft Environmental Impact Report.
11 D. The Planning Department shall 'prepare the draft
12 Environmental Impact Report, based on the submitted Environmental
Analysis and other pertinent data as required, within twenty-five
13 (25) working days after acceptance of the completed Environmental
Analysis and the required processing fee.
14 SECTION 10: REVIEW OF DRAFT ENVIRONMENTAL I,MPACT. REPORTS
15 A. Following completion of the draft EIR, but prior to copies
being sent out for review, a Notice of Completion stating that the draft
16 -
Environmental Impact Report has been completed shall be filed with the
17 Secretary for the Resources Agency of California.
B. The Planning Department shall also provide public notice
18 of the completion of a draft EIR at the same time by a minimum of at least
19 one of the following procedures:
1 . Publication, no fewer times than required in Section 6061
20 ! of the Government Code, in a newspaper of general circulation
in the area affected by the proposed project.
21
2. Posting of notice by the public agency on and off the site
22 in the area where the project is 'to be located.
23 3. Direct mailing to owners of property contiguous to the
project.
24
C. Subsequent to filing the Notice of Completion, the Planning
25 Department shall 'submit for review copies of the draft EIR to all local
agencies which may be affected by the environmental_effects of the proposed
26 project including the San Jacinto branch of the Riverside City/County Library.
27 D. Reviewers should focus on the sufficiency of the draft EIR
in discussing possible impacts upon the environment, the ways in which"advers(
28 effects might be minimized, and possible alternatives to the project.
29 1 E. All agencies reviewing the draft EIR shall be requested to
return all pertinent comments to the Planning Department within thirty (30)
3 0 days of notification unless a written extension of time is requested and
granted by the Planning Department. Such comments shall be evaluated and a
31 response prepared by the Planning Department within fifteen (15) days
following the formal close of the review period. If State Clearing House
32 Review is requested the review period shall be forty- five (45) days.
F. All draft EIR's shall be reviewed• by the Planning Commission
at a public hearing not less than fifteen (15) days nor more than thirty (30)
days following the close of the draft EIR review period. The Planning
Commission shall evaluate and recommend to the City Council as to the :suffici(
of the draft EIR as outlined in Section 10 C above. - �
4 The City Council shall consider the recommendation within
thirty (30) days of the Planning Commission action and after considering
5 the contents of the final EIR, shall affirm, modify or reverse the recommen-
dation of the Planning Commission.
6 SECTION 11 : PREPARATION OF A FINAL ENVIRONMENTAL IMPACT REPORT
7 A. Following the above public hearing, the Planning Department
8 shall prepare the final EIR.
B. The final EIR shall contain the Draft EIR or a revision of
9 the draft as well as the following sections:
3-0 1 . Comments and recommendations received on the Draft EIR
either verbatim or in summary.
11
2. A list of persons', organizations and public agencies
12 commenting on the Draft EIR.
1-3 3. The responses of the City Council to significant environ-
mental points raised in the review and consultation process.
14
C. The response of the City Council to comments received may
15 take the form of a revision of the Draft EIR or may be an attachment to
the Draft EIR. After an evaluation of all comments, the response of the
1-6 City to the significant environmental issues raised in the review process,
17 especially to those recommendations and objectives which are at variance
with those outlined in the draft EIR. Such issues shall be addressed in
detail giving reasons why specific comments and suggestions were not
1-8 accepted and relating factors of major importance warranting an override
of the suggestion.
19
SECTION 12: REVIEW OF FINAL ENVIRONMENTAL IMPACT REPORTS
20 f --
A. The final EIR shall be forwarded to the Planning Commission f
21 ' recommendation to the City Council for adoption. The City Council may
adopt the final EIR, as presented or order that it be modified in accordance
22 with the ultimate determination of the Council .
23 The Planning Commission, when their approval is necessary, and
the City Council shall make their findings and decisions on the project
24 ' approval based on the final EIR.
25 B. The Planning Department shall prepare a Notice of Determin-
ation and file such with the Clerk of the County of Riverside not later than
26 five (5) working days subsequent to the action taken by the City Council .
27 i SECTION 13: CONDITIONAL PERMITS
. If a lawsuit is filed challenging an EIR or Negative
2� �• A.- Declaration for non-compliance with CEQA, the department having jurisdic-
2 9 tion shall act as if the EIR or Negative Declaration complies with CEQA and
continue to process the application for the project according to the time
30 limits for Responsible Agency action contained in Government Code Section
65952. In this situation, the department having jurisdiction shall have
31 - authority only to grant a conditional approval or disapproval of the project
only when the court action results in- a final determination that the EIR
aration does comply with the provisions of CEQA.
32 ! or Negative Decl
P_
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2 ADOPTED by the City Council , signed by the mayor and
attested by the City Clerk this 7th day of October 1980.
3 �
4 ATTEST:
MARGARET McLEAN, CITY CLERK Mayor
5 r t
6 By
Deputy/
7
8 CERTIFICATE
9 The 'foregoing is certified to be a true copy of a Resolution duly adopted
10 by the City Council of the 'City of San Jacinto on the date set forth therein.
11 MARGARET McLEAN, C Y CLERK
Deputy
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