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HomeMy WebLinkAboutCity Council Resolution 18-049 adopting CA CEQA guidelines1 • RESOLUTION NO: 18-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING BY REFERENCE THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND ADOPTING UPDATED LOCAL CEQA GUIDELINES WHEREAS, the California Environmental Quality Act (CEQA) and State CEQA Guidelines provide that each public agency, such as the City of Saratoga (City), shall adopt objectives, criteria, and procedures for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents (Cal. Pub Resources Code § 21082, 14 Cal. Code Regs. § 15022(a)), and WHEREAS, the City's Local CEQA Guidelines were last updated on July 21, 1982, and WHEREAS, the City Community Development Director has proposed updating the City's Local CEQA Guidelines by repealing the 1982 Resolution and all prior City resolutions and policies concerning CEQA procedures, adopting by reference the State CEQA Guidelines, and adopting the new Local CEQA Guidelines as set forth in Attachment A hereto; and WHEREAS, the City has broad police powers to ensure public health, safety, and welfare within its jurisdiction. In exercise of these powers, and pursuant to the authonty granted in CEQA and the State CEQA Guidelines, the City has determined that adopting the State CEQA Guidelines by reference is in the public interest and will ensure the City's CEQA policies remain up-to-date with current CEQA statutory and regulatory provisions The City has further determined it is in the public interest to adopt updated Local CEQA Guidelines that clarify and simplify local administrative procedures; and WHEREAS, the City Council of the City of Saratoga held a duly noticed public meeting regarding the adoption of this Resolution on September 19, 2018, and after considering this proposed Resolution, supporting documents, the Staff Report, and all testimony and other evidence presented, found that the proposed adoption by reference of the State CEQA Guidelines and adoption of Local CEQA Guidelines as described above are in the public interest and properly implement CEQA and the CEQA Guidelines NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga as follows Section 1. Adoption of State CEQA Guidelines by Reference. The City of Saratoga hereby adopts by reference the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 and following), as updated from time to time Section 2. Adoption of Updated Local CEQA Guidelines of the City of Saratoga. 1 The City of Saratoga hereby adopts updated Local CEQA Guidelines of the City of Saratoga in the form set forth in Attachment A hereto, and all prior City Council resolutions, policies, and other directives concerning CEQA procedures including, but not limited to, the 1982 Local CEQA Guidelines (Resolution Nos. 653, 653-2, 653-3, 653-4, and 653-5) are hereby repealed Section 3. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause, and phrase of this Resolution (including the contents of Attachment A hereto) is severable and independent of every other section, sub -section, sentence, clause, and phrase of this Resolution. If any section, sub -section, paragraph, sub -paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this Resolution irrespective of the portion held invalid and further declares its express intent that the remaining portions of this Resolution should remain in effect after the invalid portion has been eliminated Section 4. California Environmental Quality Act This action to update the City's Local CEQA Guidelines and adopt by reference the State CEQA Guidelines is categorically exempt from CEQA pursuant to the CEQA Guidelines as follows. (1) CEQA Guidelines section 15061(b)(3) provides that CEQA applies only to projects which have the potential to cause a significant effect on the environment and where, as here, it can be seen with certainty that there is no reasonable possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, and (2) CEQA Guidelines sections 15307 and 15308 exempt actions taken by regulatory agencies (such as the City), as authorized by state or local ordinance, to assure the maintenance, restoration, and enhancement of natural resources and the environment The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council, held on the 19th day of September 2018 by the following vote AYES Mayor Mary -Lynne Bernald, Vice Mayor E. Manny Cappello, Council Members Howard A Miller, Emily Lo, Rishi Kumar NOES ABSENT ABSTAIN. 2 t- • ATT T. e bie Bretschneider, Interim City Clerk APPROVED AS TO FORM• Mary -L e B rnald, Mayor City of Saratoga Richard Taylor, City Attorney • Date• /9 // 7 2-D 18 Date 91? -)k Attachment A Local CEQA Guidelines of the City of Saratoga The following processes, procedures, and criteria are hereby adopted as the City of Saratoga Local California Environmental Quality Act ("CEQA") Guidelines 1. State CEQA Guidelines Adopted by Reference. The City Council of the City of Saratoga has adopted by reference the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations, Title 14, Sections 15000 and following), as updated from time to time These Local Guidelines supplement the State CEQA Guidelines with local administrative procedures to streamline the CEQA process and provide transparency to applicants for City approvals 2. CEQA Process Chart. The City of Saratoga CEQA Process Chart, attached as a part of these Local CEQA Guidelines as Table 1, sets forth the relevant decisionmaker for each major step of the CEQA process and indicates the steps requiring a hearing prior to the decision and that are subject to appeal. 3. Community Development Director Duties. The Community Development Director, or Director's designee (collectively, "Director"), is responsible for administering environmental review of all projects subject to CEQA in the City of Saratoga. In addition to all other duties established in the City Code and CEQA Process Chart, the Director shall be responsible for the following CEQA actions, when applicable A. Contracting with outside consultants, or managing City staff, to prepare and process all CEQA-related documents B. Preparing, publishing, mailing, posting, delivering, and filing all applicable CEQA notices. C. Coordinating with other City departments to respond on behalf of the City as a Responsible Agency, if directed to respond, or if the Director determines, in the Director's discretion, a response is appropriate. D. Noticing any CEQA determination pursuant to a Notice of Determination or Notice of Exemption. 4. Acceptance of Application as Complete. No application for a permit or other City approval shall be deemed complete until the following conditions are met. City of Saratoga Local CEQA Guidelines - Page 1 A. The Director has received all information required to make a determination that the underlying project is either exempt from CEQA or requires the preparation of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report; and B. If environmental review is required, an Environmental Review Agreement has been fully executed and the Environmental Review Deposit established in that agreement has been paid in full 5. Unreasonable Delay. An unreasonable delay by a project applicant in meeting requests by the City necessary for the preparation of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report shall suspend the running of any specified time periods for completing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the period of the unreasonable delay A delay exceeding 30 days is rebuttably presumed to be unreasonable 6. Environmental Review Process. A. The City shall prepare, or contract with outside consultants to prepare environmental documentation in a manner that ensures the environmental review is conducted in an objective manner No person assigned or contracted to conduct environmental review shall have a conflict of interest that would interfere with the objectivity of the consultant's environmental review of the project including, but not limited to, the following: i. A financial interest—as that term is defined in the Political Reform Act (Gov. Code § 87100; 14 Cal. Code Regs. § 18700(c)(6))—in the outcome of the City's review of the project for which the consultant has been contracted to consult. ii. Bias in favor of, or against, the approval of the project. The Director may, in the Director's discretion, determine the existence of actual bias, but only if such determination is based on concrete evidence B. The Director, Planning Commission, or City Council may request that the applicant modify a project to reduce or avoid the environmental impact(s) of the project. If the applicant refuses to modify the project to reduce or avoid environmental impact(s) the City has determined may be significant, the Director may, in the Director's discretion, require the preparation of an Environmental Impact Report to address the impact(s) City of Saratoga Local CEQA Guidelines - Page 2 C. As the Director, Planning Commission, or City Council deem appropriate, the voi Director, Planning Commission, or City Council may require additional studies and information regarding the potential environmental impact(s) of a project. i. The Director, Planning Commission, or City Council may request additional studies or information from the applicant in order to ascertain whether the project may have a significant effect on the environment ii. If any requested study or information is not readily available, the Director may independently obtain such study or information at the applicant's expense, which expense shall be charged to the applicant. iii. If the Director, Planning Commission, or City Council determines it is infeasible to obtain studies or information it determines are necessary, the Director, Planning Commission, or City Council may assume that the project may have a significant effect on the environment and proceed by preparing an Environmental Impact Report. 7. Ministerial Actions. A. The Director shall exempt from environmental review any project the Director determines is exclusively ministerial. A project is not exclusively ministerial if it is conducted in conjunction with other discretionary actions, or if the Project includes a mix of both ministerial and discretionary elements, determinations, or approvals B. Absent unusual circumstances, ministerial actions typically include, but are not limited to, the following: i. Building permits for construction of any structure or use that conforms to all applicable City Building Code, General Plan, and Zoning Regulations; ii. Demolition permits, unless issued to demolish, renovate, or relocate a property registered as a property of historical or cultural significance; iii. Final subdivision tract maps, iv. Merger of parcels, pursuant to Article 14-65, City of Saratoga Local CEQA Guidelines - Page 3 1 v. Unconditional certificates of compliance or occupancy; vi. Business and other licenses, including dog and cat licenses issued pursuant to Articles 7-20 and food permits issued pursuant to Article 7-25, and vii. Approval of individual utility service connections and disconnections 8. Cost Recovery and Environmental Review Agreement. A. An applicant for any City permit or other approval shall pay all costs related to the City's preparation and review of all project -related environmental review documents the Director determines, in the Director's discretion, are necessary to adequately process and analyze the project in compliance with CEQA. Related costs include staff time, outside consultants, legal review, publication, providing public notice and outreach, and all other expenses reasonably determined necessary by the City for compliance with CEQA and other state and local laws. B. The applicant shall submit an Environmental Review Agreement in a form to be determined by the Director including, but not limited to, an initial Environmental Review Deposit amount, which shall include, but is not necessarily limited to, the following. i. The estimated cost to prepare and review environmental documentation for the project; ii. The estimated cost to prepare and implement a Mitigation Monitoring and Reporting Plan, if one is required, and iii. Any fees associated with the filing of the Notice of Determination or Notice of Exemption, including any fees required under Fish and Game Code § 711.4. The Environmental Review Agreement shall provide that the City shall suspend the processing of environmental review if the applicant does not replenish the Environmental Review Deposit when, and in the amount, requested by the City C. As an essential term of the Environmental Review Agreement, the applicant shall indemnify the City against all third -party claims, actions, or proceedings to attack, set aside, void, or annul any CEQA-related act or omission regarding the project City of Saratoga Local CEQA Guidelines - Page 4 application, or any of the proceedings, acts, or determinations taken, done, or made prior to said action 9. Appeal Process and Exhaustion of Administrative Remedies. A. Although these Guidelines are not provisions of the Saratoga City Code, any action listed as appealable in the CEQA Process Chart shall be subject to the appeal and hearing provisions of Article 2-05.030 of the City Code as if the action was one involving the exercise of administrative discretion or personal judgment pursuant to the Code B. Only those CEQA decisions listed as appealable in the CEQA Process Chart are subject to the appeal procedures in Article 2-05.030. No other CEQA actions undertaken by the City are subject to Article 2-05 030 C. Any person who wishes to file any challenge in court related to CEQA as to any action or omission by the City shall exhaust all administrative remedies prior to filing such court challenge City of Saratoga Local CEQA Guidelines - Page 5 46 • Table 1 City of Saratoga CEQA Process Chart Action Decisionmaker Appealable Hearing Review of application for completeness Community Development Director ("CDD") No No Determine whether a proposal qualifies as a project CDD No No Determine whether a project is exempt CDD Yes No Determine whether an exception to an exemption applies such that environmental review is required CDD Yes No Determine whether to prepare an Initial Study CDD No No Determine whether to prepare a Negative Declaration ("ND") or Mitigated Negative Declaration ("MND") CDD No No Determine whether to prepare an Environmental Impact Report ("EIR") CDD No No Determine compliance with CEQA requirements CDD No No Determine the public comment period for a CEQA document and whether to extend that period CDD No No Approve NDs, MNDs for projects subject to staff approval CDD Yes No Approve or certify NDs, MNDs, EIRs where Planning Commission has primary permitting authority Planning Commission Yes Yes Approve or certify NDs, MNDs, EIRs, Exemptions where City Council has primary permitting authority or hears an appeal City Council No Yes File NOE/NOD CDD No No 1004346.2 Cary of Saratoga Local CEQA Guidelines - Page 6