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HomeMy WebLinkAboutCity Council Resolution 653-3 RESOLUTION NO. 653-3 RESOLUTION SETTING FORTH ENVIRONMENTAL IMPACT REPORT CRITERIA AND PROCEDURES FOR PRIVATE L~ND PROJECTS IN THE CITY OF SARATOGA - SUPERSEDING PREVIOUS RESOLUTION NOS. 653 and 653-2 The City Council of the City of Saratoga does hereby resolve as follows: Section 1: This resolution is adopted to implement the Environmental. Quality Act of 1970 insofar as it is applicable to private land projects within the City of Saratoga, and specifically the criteria and procedures hereinafter set forth are adopted pursuant to Public Resources Code Section 21082 of the State of California and Section 15104 of the California Administrative Code. Except as may hereinafter be modified, interpreted or particularized by the within resolution, the provisions of Chapter 3, Title 14, Division 6 of the California Administrative Code (Section 1500-15166) will be applicable. The term "significant effect on the environment"'shall be as presently defined in California Administrative Code Section 15040, or as the same may hereafter from time to time be amended, and wherever in this resolution or any ¢~anendments thereto the tem "substantial adverse impact" is used, the same shall mean significant effect on the environment. In the event that any of the provisions of this resolution Series 653 should now or hereafter at any time be or become in conflict with any of the pro.- visions of the Public Resources Code of the State of California or of the California Administrative Code, the provisions of the latter Codes shall take procedence over any contradictory or conflicting' provisions contained in this Series of resolutions. Section 2: Pursuant to the foregoing, the following processes, procedures and criteria are hereby adopted: (1) Authority to Planning Director The Director of Planning of the City of Saratoga, hereafter to be designated the Director of Planning and Environmental Control, and hereafter in this resolution called "The Director", is hereby authorized and directed to make a deter- mination as to whether or not a proposed project will or will not require an environ- mental impact report (hereafter called EIR). He shall cause the preparation of each proposed negative declaration, and shall cause the preparation of each proposed draft EIR, and shall assemble and present each proposed final EIR to the decision making body. The within delegation of authority includes the authority to ultimately deter- mine whether or not a proposed project comes within a ministerial exclusion or a categorical exemption, but does not include the authority to approve a negative declaration or to certify a final EIR, which authority is vested in the decision- making body in each case. (2) Ministerial Exclusions The provisions of the Environmental Quality Act of 1970 apply only" to discretionary projects. Discretionary projects include the rezoning of land from one district to another, the imposition of new or different regulations in a zoning district, adopting general. and precise plans and amendments thereto, the granting of zoning variance, a conditional use permit, design review, approval of tentative sub- division or site approval maps, and may include grading permits where discretionary engineering criteria is additionaHX necessary. Although discretionary, a project may still be categoricallyi!exempt. See Section 2(3) following. Ministerial land projects, which are not subject to the Environ- mental Quality Act, include approval of final subdivision, parcel, and record of survey maps, final site approval, issuance of building permits and issuance of grad- ing permits where discretionary engineering criteria is not required. Application for approval of a land project which is specifically listed as ministerial need not be accompanied by a questionnaire (Form EIA-1) and the Director need not make any separate determination as to the ministerial nature of the project. As to any project not specifically listed above as being a minis- terial project, the Director shall make a determination as to the discretionary or ministerial nature of the same, and shall fill out an EIA-2 form accordingly. (S) Categorical Exemptions Section 1S101 through 15112 of the California Administrative Code list twenty classes or projects which, although discretionary in nature, have been determined by the State Office of Planning and Research not to have a significant effect on the environment, and are therefore exempt from the requirement of prepara- tion of an EIR. The City Council shall, from time to time, and pursuant to Admi~is- trative Code Sections 1SllS and 15116, list by resolution or order specific activities that fall within each of such classes. The Director shall determine whether each project applied for falls within a categorically exempt class, whether the same is specifically listed in accord with the above or not. (4) Proj oct Application Each application for approval of a discretionary land project shall be accompanied by a completed questionnaire form EIA-1 [form 400A, Appendix H~ ,January 1, 1977 Amendments to California Administrative Code, and as from time to time hereafter amended) together with a filing fee in the sum of $50.00 to enable the director upon the initial study to make initial determinations as to whether or not such project is excluded, or exempt, and/or whether the same may have a signifi- cant effect on the environment. If the director determines that ~he proposed projec~ is neither ministerially excluded nor categorically exempt, he may then require addi- tional data and info~nation to be supplied by the applicant preparatory to initially determining whether an EIR will or will not be required. (S) Project Evaluation and Determination (A) On all discretionary land projects not categorically exemtz~t~ the Director shall determine whether the project may have a substantial adverse impact on the environment. In making such determination, he shall follow the general guidelines set forth in Sections 15080 through 15083 of the California Administrative Code, together with the following specific criteria: (a) Saratoga is a residential community and the present zoning of its undeveloped residential lands has been established after much study, public hearings and the input and analysis by professional planners and consultants. Such zoning has been adopted only after this Council found that residential development of said lands in accord with such zoning will not have an adverse effect or impact on the environment. Accordingly, the approval of a tentative subdivision map or tentative site approval for develop- ment of residential uses in accord with existing residential zoning will not be expected to have any substantial adverse impact on the environment, and will normally be expected to result in a negative declaration. In this regard,. existing residential. zoning shall be deemed to be a pro-existing approval of the major phase of an on- going project within the meaning of Administrative Code Section 15070 as to all permitted, as distinguished from conditional uses. (b) Commercial and industrial zoning districts, unlike residential districts, generally permit. a range of different uses and structures. Accordinly, the fact of pro-existing zoning in a "C'~ or "M'~ district does not create any inference that a particular proposed use will or will not have a substantial. adverse impact, nor does pro-existing residential zoning create any inference that a proposed conditional use (requiring a use permit) will or will not have such substantial adverse impact.. (c) Rezoning from one "C" district classification to another "C" district classification, taken alone, will normally not have any substantial adverse impact, because of the similarit).,' of available uses throughout all "C" districts. A negative dec-- laration on such rezoning shall not, however, preclude the Director from requiring an EIR at a later tentative map or site approval for development of a particular use within such district. (d) Rezoning from one "R" district to another "R" district of lesser density, or rezoning from a. "C", '~' or "P" district to an "R" district, will normally be expected to have no adverse impact and be entitled to a negative declaration. (e) Rezoning from an "R" district to a ~'C", "M" or '~P'~ district, or rezoning within an 'R" district to an "R" classi- fication ]laving a higher density, are t}~es of projects which ordinarily would be expected to have a significant effect on the environment, but still may or may not be entitled to a negative declaration under and pursuant to Administrative Code Section 15083. (f) RPnere a rezoning has been required to be accompanied b>.' an EIR, and has been certified, no new EIR shall be required for any subsequent tentative subdivision map or tentative site approval for the development of any permitted use or uses within the zone~ unless the use intended is not one considered as a possible pro-- posed use at the time of the prior EIR and rezoning. (g) Administrative Code Section 15105(a) categorically' exempts certain zoning variances. Because of the restrictive nature of the zoning variances allowable in this City pursuant to Section 17.2 of Ordinance NS-3, any such allowable varian. ce~ not falling within the exemption will still normally be expected to have no substantial adverse impact, and will be expected to result in a negative declaration. (h) Design review approval fSections 13.]-13.6, Ordinance NS-3) and sign permits (Sections 10.1-10.10, Ordinance NS-3) to the extent that the same may be both discretionary and not other- wise exempt, and therefore within the purview of the Environments.]. Quality Act, are so limited in scope, and the regulations concern..- ing them are by their very nature designed specifically to foster and protect the environment, so that an}' impact at all from such approval will normally be to enhance the environment, and such will thus be expected to result in a negative declaration. (i) Encroachment permits provided for under Article V, Chapter 1$ of the Saratoga City Code and hereby deemed to be minor within the terms and meaning of the Administrative Code Section 15105(b) and therefore categorically exempt. Encroach- ment permits for pipes, drains and conduits under Article IV, Chapter 1.3 of the Saratoga City Code, may or may not be minor, and may or may not have substantial adverse impact, dependent upon the circumstances of each case. (B) Within fifteen (15) days after the filing of the app!ica%ion for project approval, the Director shall make his determina.-. tion and shall indicate the same by executing Form EIA-2 and permanently filing a signed copy in the City File. Should the application for project approval require an EIR, the Director shall notify the applicant within fifteen (1S) days. (C) Notwithstanding the fact that the Director might determine a project to be exempted or excluded, or otherwise that an EIR is not considered necessary, the applicant nonetheless shall have the right and option to require the adoption and approval of an EIR by the decision-making body ~3- ofthe. City, prior to the City acting upon the application in chief, and shall exercise his option by written request filed with the Director no later than five ~(S) days after the Director'$ determination. In the event of-such request by the applicant, the Director shall proceed as if his initial findings had been that an EIR ~.as andlis required for the project and once such an option is exercised by the applicant, i~ shall constitute an admission that the proposed project may have a significant effect on the environment. .(6) Notices Required (A) Negative Declaration (Filed with County Clerk) In the event that it is determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared..in accord with the provisions of Section 15083 of the California Administrative Code, which declaration shall include, inter alia, a brief description of the project, its location and the name of the project proponent, a finding that the project will not have a significant effect on the environment having attached thereto a copy of the initial study documenting the reasons to support such finding, and mitigation measures, if any, included in the project to avoid potentially significant effects. Such negative declaration shall be substantially in accord with the form EIA-3 attached hereto. The Director shall prepare a draft of the proposed negative declaration, and the same shall be adopted by the decision making body at or prior to time of acting on the project. Notice of the preparation of the draft negative declaration shall be provided to the public at least ten (10) days prior to final adoption of such declaration by the decision. making body, and said notice shall be as follows: If an action on the proposed project already requires one or more of the types of notices as set forth in California Administrative Code Section 15083(d), then the notice on the hearing on the project shall also include a notice that the negative declaration shall also be heard at that time; in the event there are no notice procedures for a hearing on the project in chief,: then notice may be given in any one of the methods as provided by the above-captioned Code Section, at ]east ten (10) days prior to the date of the action on the negative declaration and the project:.. Once the negative declaration has been adopted by the decision making body, in the event that it then or thereafter makes a decision to carry out or approve the project, a copy of the negative declaration shall be attached to the notice of determi.nat:Lon and filed with the notice of determination with the Santa Clara. County Clerk. (B) Notice of Completion (Filed with Stated Where an ~IR is required, at such time as the draft of such is completed, the Director shall cause a Notice of Completion (Form EIA-4) thereof to be filed with the Secretary of the Resources Agency of'the State of California, such filing to be at least ten (10) days prior to action on the final EIR and action on the application in question. (C) Notice of Determination (Filed with County Clerk) Wherever a discretionary project is neither excluded nor exempt, and the Director has either issued a negative dec.!ar~- tion or has required an EIR, then upon final action of the particular projec~ by the decision-making body of the City, by which action the project is either approved, conditionally approved or disapproved, the Director shall wit~hin five (5) days after such final action cause a notice of such determination t.o be filed with the Count>, Clerk of Santa Clara County, which notice (Form EIA-5) shall include (a) the {tecision of the decision making body agency to approve or disapprove the project, and. (t~) the determination, and (c)whether a final EIR has been prepared pursuant to the provisions of the Environmental Quality Act, including therein such findings as may be required by law. (7) Prepar~tio~ andAdoption of EIR (A) If the Director has found ~on initial study that an EIR required for the project, he shall cause the same to be pre- pared i..n accord with the Administrative Code Section 15085 and in accord with the following: (a) The applicant will be required to submit a draft containing all the information. specified in Administra~iv~ Code Sections 15141, 15142 and 15143; -4- (b) The City shall utilize an independent party (consultant) to prepare the draft on the project, and the cost of the service of the independent party (consultant) shall be borne by the appli- cant. The independent party [consultant) shall be chosen by the City from a select list of professional consultants, which select list shall be prepared by the Director and forwarded annually to the City Council for Certification. Neither the consultant as selected nor any of his or its officers, agents, employees or sub- contracting consultants shall have been engaged or employed by the applicant or any of the applicant's owned or controlled affiliates within the 12-month period immediately proceeding the submission by applicant of the draft EIR to the City. (c) The draft EIR shall not be accepted by the City for general circulation and review until the Director undertakes a preliminary review of the draft's acceptability relative to the given project and its consistency with State guidelines relative to Public Resolution Code Sec. 21152 and California Administrative Code Section 15085(g). This review period shall be no greater than ten (10) days. (d~ 'Upon.~ receipt of such draft the Director shall, after filing the notice of completion with the Secretary of the Resources Agency, send copies of said draft out for review to those public agencies having jurisdiction with respect to the project, for their analysis, comment and reports. Said distribution shall be to the Same ~gen~.ies as required to review and report on the tentative sub- division maps 'p~rsu~nt ~sectio~-'12.s-1 of Ordinance Series No. 60 of this City. In addition, the Director may, but needs not, submit the draft EIR to one or more independent consultants for analysis as to accuracy and objectivity. In the event of such independent referral, the applicant shall be required to pay the reasonable costs and expenses of the same, but not to exceed the sum of $200.00. Public Notice of the completion of the draft EIR shall be given as provided by California Administrative Code Section 15085 (D)(2) at ].east thirty (30) days prior to presentation of any proposed final EIR to the decision making body for action thereon. (e) Upon the expiration of thirty (30) days after the date of dissemination and referral of copies of said draft EIR to such public agencies, the Director shall assimilate the comments and reports as have been received by him from such agencies as of that time, together with any and all other comments from members of' the public, and shall present the same together with the draft EIR to the decision-making body for action thereon, which presentation may be made in the same manner as received by the Director, or may be in the form of a proposed final EIR. In the event the apZplication is for a project approval which requires either a public hearing or a hearing open to the public, the Director shall set the hearing on the proposed final EIR at the same time and place as such hearing; otherwise, the hearing on the proposed final EIR shall be set on such date as the application has its initial or subsequent hearing by the decision-making body or agency. (B) Where an EIR is required, the decision making body shall certi. fy the f~.Ba!.EIR prior to any final approval of the application for the project in ~uestion, and in ac~ing on such application, shall review and consider said EIR. [8) Appeal and Review (A) Negative Declaration Review At the time of hearing on a proposed negative declaration, the decision making body, either on the motion of the appli- cant or upon its motion, shall have the right to refuse to approve the negative declaration for the proposed project, and shall re- 0uire an environmental impact report if it should find that the -5- ~roject may have a significant effect on the environment. In such event it shall direct the preparation of a draft EIR and the following of such other procedures as are hereinabove set forth for the preparation and adoption of an EIR. (B) Appeal Procedures In most instances of private projects (e.g., rezoning, sub~ division and site approval, conditional use permits, zoning, variances, etc.) the decision making body will be the advisory agency of the City of Saratoga, and there is already available an appeal procedure from. the decision of the advisory agency. When- ever a negative declaration has been adopted, or an EIR has been adopted, by the decision making body, and there is a regular appeal procedure on such decision to either the Planning Commission, or the City Council, such right of appeal shall include a review of the action of the decision making body approving the negative declaration or certifying the EIR, or from any failure to approve or certify after the same has been required, such appeal to be at the same time as, and in accord with the same procedure as set forth for the appeal to, or review by, the decision making body's action on the project in question. In the event there is no appeal procedure from the particular action of the decision making body on the project in question and the decision making body is not the City Council, then in that event there shall be an appeal to the City Council from the action of the advisory agency in approving or disapproving a negative declaration, or certifying or failing to certify an EIR, in the same manner and following the same procedures as on appeal from a Planning Comm:ls-- sion decision on the granting or denial of a conditional use permit. Whenever a right of appeal is given as hereinabove set forth, it shall be an administrative prerequisite that such appeal rights be an administrative prerequisite that such appeal rights be ex- hausted prior to the institution of any action or proceeding re- ferred to Public Resource Code Sections 21167 or 21168. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 5 th. day of January , 1977 by the following vote: z _ = z AYES: COUNCILMEN CORR, KRAUS, MATTEONI NOES: NONE ABSENT: COUNCILMEN BRIDGES, BRIGHAM ..,, ATTEST: ":""",i,,, ' -6-