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HomeMy WebLinkAboutCity Council Resolution 653 ~-j/2/27/73 RESOLUTION NO. 653 RESOLUTION SETTING FORTH ENVIRONMENTAL IMPACT REPORT CRITERIA AND PROCEDURES FOR PRIVATE lAND PROJECTS IN THE CITY OF SARATOGA The City Council of the City of Saratoga does hereby resolve as follows: S..e.ct~ig~ 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 h~re- inafter 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, 7..~,; interpreted or particularized by the within resolution, the provisions of Chapter 3, Title 14, Division 6 of the California Administrative Code (Section 15000-15166) will be applicable. Section 2: Pursuant to the foregoing, the followin~ processes, procedures and criteria are hereby adopted: (1) Authority to Plannin~ Direc..~gr. The Director of Planning of the City of Saratoga, hereafter to be designated the Director of Planning and 8nvironmental Control, and hereafter in this resolution called the Director, is hereby authorized and directed to make the determination as to whether or not a proposed project will or will not require an Environmental Impact Report (hereinafter called EIR), and when required, to prepare or cause the preparation of such EIR for all private projects within the City of Saratoga. The within delegation of authority does not include the authority to adopt a final EIR, which authority is hereby delegated to the Planning Con~nission of the City of Saratoga. (2) M~ni,ster,ial Exclusions. The provisions of the Environmental Quality Act of 1970 apply only to discretionary projects. Discre- tionary projects include the rezoning of land from one district to another, the imposition of new or different regulations in a zoning district, the granting of zoning variance, a conditional use permit, .,,= ................ design review, approval of tenta- tive subdivision or site approval maps, and may include grading permits~'e~'ediscretionary engineering criteria is additionally necessary. -1- Ministerial land projects, which are not subject to the Environmental Quality Act, include appro~.zal of final subdivision, parcel, and record of survey maps, final site approval, issuance of building permits and issuance of 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 Ell-l) and the Director need not make any separate determination as to the ministeri. al nature of the project. As to any project not specifically listed above as being a ministerial project, the Director shall make a determination as to the discretionary or minis- terial nature of the same, and shall fill.. out an EIA-t form accordingly. (3) Categorial Exemptions. Sections 15101 through 15112. of the California Administrative Code list twelve classes of 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 preparation of an EIR. The to time, and pursuant to Administrative Code Section 15115, list by resolution or order specificil!,..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) ~r~oj ect Application. Each application for approval of a discretionary land project shall be accompanied by a completed questionnai. re (Form EIA-1), together with a filing fee in the su~n of $25.00 ., to enable the Director to determine whether such project is excluded or exempt, and/or whether the same might have a substantial adverse impact effect) on the environ- ment. If the Director determines the proposed project is neither ministerially excluded nor categorically exempt, he may then require additional data and information to be sl~ppl. i.ed by the applicant preparatory to determining whether an EIR will or will not be required. (5) Project Evaluation and Determination. (A) On all discretionary land projects not cate- gorically exempt the Director shall determine whether the project may have a substantial adverse impact on the environment. In making such determination he shal,l follow the eneral guidelines set forth in Sections 15080 through 150~3 of the California Administrat.i~e Code, together with the following specific criteria: -2- (a) Saratoga is a rural residential cor~nunity and the presently existing zoning of its remaining undeveloped residential lands (approximately % of the total area) has been established after years of study, countless public hearings and the input and analysis by many ~professional planners and consultants, and such zoning has only been adopted after this Council has found that residential develop- ment of said lands in accord with such zoning will not have an adverse effect or impact on the environ- ment. Accordingly, the approval of a tentative subdivision map or tentative site approval for development of residential uses in accord with existing residential zoning will not be expected to have any substantial adverse impact on the environ- ment, and will normally be expected to result in a negative declaration. In this regard, existing residential zoning shall be deemed to be a pre-existing approval of the major phase of an on-going project within the meaning of Administrative dode S~ction 15070 as to all permitted, as distinguished from conditional, uses. (b) Commercial and industrial zoning districts, unlike residential districts, generally permit a multitude of different uses and structures housing them within a zone. Accordingly, the fact of pre- 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 residential zoning create any inference that a proposed conditional use (requiring a use permit) will or will not have such substantial adverse impact. (4) Rezoning from one C district classifica- tion to another C district classification, taken alone, will normally not have any substantial adverse impact, because of the similarity and diversification of available uses throughout all C districts. A negative declaration on such rezoning shall not, EIR at a n i r site approval for development of a particular use within such district. (d) Rezoning from ene R district to another R district of lesser density, or rezoning from a C, M 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 classification having a higher density, are types 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 declara- tion under and pursuant to Administrative Code Section 15083. -3- (f) Where a rezoning has been required to be accompanied by an EIR, and has been adopted, 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 wit'hin the zone, unless the use intended is not one considered as a possible proposed 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 variances not falling within the exemption will still normall7 be expected to have no substantial adverse impact, and will be expected to result in a negative declaration. (h) Design review approval (Sections 13.1-13.6, 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 otherwise exempt, and therefore within the .purview of the Environmental Quality Act, are so limited in scope, ~Bnd the regulations concerning them are by their very nature specifically to foster and protect the environment, so that any 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 13 of the Saratoga City Code are hereby deemed to be minor within the terms and meaning of Administrative Code Section 15].05 (b) and therefore categorically exempt. Encroachment permits for pipes, drains and conduits under Article IV, Chapter 13 of the Saratoga City Code, may or may not be minor, and may or may not have a substantial adverse impact, dependent upon the circumstances of each case. (B) Within five (5) days after the filing of the the Director shall indicate the same by executing Form EIA-2, delivering a copy to the applicant and permanently filing a signed copy in the City file. (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 nonetheless shall have the right and option to require the adoption and approval of an -4- EIR by t'he decision making body of the City, prior to the City acting upon the application in chief, filed with the Director no later ~v ays after the Director's determination. In the event of such request by the applicant, the Director shall proceed as if his initial finding had been that an EIR was and is required for the project, and once such an option is exercised by the application, it shall be irrevocable and shall constitute an admission that the proposed project will have a significant effect on the environment. (6) ~0tiqes Required. (A) ative Declaration Filed with County If the Director determines the proposed project will not have a substantial adverse impact on the environment, concurrently with executing Form E'IA-l, he shall 'prepare and file with the County Cle.rk of Santa Clara County a negative declara- tion, not .exceeding one page in length, containing a brief description of the project and his finding, which shall be so filed at least 10 days prior to action by the decision makingSyon the appl. ica- tion in question. Said negative declaration shall be substantially in accord with Form EIA-3. (B) Notice.~::.... of ~omp.le.t..ion (.F.i.1..e.d. ~.ith State). Where an EIR is required, at such time as the draft of such EIR 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 10 days prior to action onthe final EIR and actlondon the application in question. (C) Notice of Determination (Filed with Count~.Cle=r_rk!. Wherever a discretionary project is neither excluded nor exempt, and the Director has either issued a negative declaration or has required an EIR, then upon final action of the particular project by the decision making body of the City, by which action the project is either approved, conditionally approved or disapproved, the Director shall withi~ ' 20 'days after such final action cause a notice of su~~erm~n.a- tion to be filed with the County Clerk of Santa Clara County, which notice (Form EIA-5) shall include (a) the decision of the decision-making agency to approve or the project, and (b) the determination whether the project will or will not have a signifi- cant effect on the environment, and (c) whether a final EIR has been prepared pursuant to the provisions of the Environmental Quality Act. -5- (7) and Ad..~.p.t~on Of_. ~.!R' (A) If the Director has found upon initial study that an EIR is required for the project, he shall cause the same to be prepared in accord with Administrative Code Section 15085, in accord with the following: (a) The a plicant will be required to submit a draft ~IR, containing all the informa- tion specified in Administrative Code Sections 15141, 15142, and 15143; (b) Upon a 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 juris- diction with respect to the proceed, for their analysis, comment and reports. Said distribu- tion shall be to the same agencies as required to review and report on tentative subdivision maps pursuant to Section 2.4-1 of Ordinance NS-5 of this City. In addition the Director may, but need not, submit the draft EIR to one or more independent consultants for analysis as to accuracy and obJectivity. In the event of such independent the applicant shall be required to pay the reasonable costs and expenses of the same, but not to exceed the sum of $100.00 . (c) Upon the expiration of !0 days after the date of dissemination and referral of copies of said draft EIR to such .public 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 presenta- tion 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 application 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 pro- posed 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 adopt the final EIR prior to any final approval of the application for the project in question, and in acting on such application shall review said EIR and -6- (8) Appeal and Review. (A) Ne~.ative Declaration Review. Whenever the Director has made a determination that a particular proposed project is entitled to a negative declaration, at any time within .20 days after the filing of such negative declaration with the County Clerk (EIA-3), the City Council on the motion of the applicant, or any interested party, or upon its own motion, may review the decision of the Planning DirectOr, and in such review take into consideration such data, informa- tion and evidence as it deems advisable or necessary, and shall have a right to reverse the decision of the Planning Director and to require ~n EIR if it should find, from all of the evidence available to it, that notwithstanding the decision of the Director, there is still a substantial likelihood that the project or one or more elements thereof may have a substantial adverse impact on the environment. The City Council must render its decision on any such review no later than 35 days after the filing of the negative declaration with the County Clerk, and any failure to decide the same within said period of time shall automatically constitute a re-affirma- tion of the Planning Director's determination. Review under this section shall be an administrative pre- requisite to any action or proceeding under Public Resources Code Section 21167 (b) alleging that the determination that the proposed project will not have a significant effect on the environment has been improper. (B) EIR Review. In most instances of private projects (e.g. rezoning, subdivision and site approval,~.condi- tional Use ~ermits, zoning variances, etc.) the decision-making body will be the Planning Commission of the City of Saratoga, and there is already available an appeal and review procedure from such decision to the City Council of this City. Whenever an EIR has been required, and there is a regular appeal procedure from the decision of the Planning Coranission which has been made on the project which is the subject matter of said EIR, the right of appeal to the City Council shall include a review of the action of the Planning Commission approving and adopting said EIR, or of their failure to approve or adopt an EIR 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 City Council of the Planning Commission's action on the project in question. -7- In the event there is no appeal or review procedure from the.:particular action of the Planning Commission o~ the project in question, then and in that event there shall be an appeal to the City Council from the actidn of the Commission in approving or adopting an EIR, or failing to approve or adopt one after the same has been required, in the same manner and following the same procedure as on an appeal from a Planning Commission decision on the granting or denial of a Conditional Use Permit. Wherever a right of appeal or review is given as hereinabove set forth, it shall be an administrative prerequisite that such appeal or review rightsbe exhausted prior to the institution of any action or proceeding referred to in Public Resources Code Sections 21167 or 21168. In any instance not covered as above set forth, any appeal or review shall be directly to the courts. 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 4th day of April~ 197~ by the following vote: AYES: Councilmen Smith, Dwyer, Bridges, D]ridon and Kraus NOES: Nene ,BsEN : 1J~YOR TTEST.% CiTy -8- EIA-3 Saratoga DECLARATION THAT ENVIRONMENTAL IMPACT REPORT NOT REQUIRED (Negative Declaration) Environmental Quality Act of 1970 The undersigned, Director of Planning and Environmental Control of the CITY OF SARATOGA, a Municipal corporation, after study and evaluation has determined, and does hereby determine, pursuant to the applicable provisions of the Environmental Quality Act of 1970, Sections 15080 through 15083 of the California Administrative Code, and Resolution of the City of Saratoga, that the following-described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. p.~oject Description File # Name.. and Add.tess O.,[.........Applican~. Executed at Saratoga, California, this day of , 197_ . . STANLEY M. WALKER, Director of Planning and Environmental Control of the City of Saratoga EIA-2 Saratoga EIR EVALUATION FILE Application for Project Name Location Name and Address of Applicant Present and. Pre.pent. Use n initial study and evaluation, it is hereby determined that above-described project is entitled to, or requires, as follows: ( ) Miniaterial exclusion ( ) Categorical ~xemption. ( ) Negative declaration ( ) EIR previously obtained -- exempt. ( ) EIR required. Dated this day of ...... , 197. PLANNING AND ENVIRONMENTAL QUALITY DIRECTOR OF THE CITY OF SARATOGA By NOTICE OF COMPLETION Time Period Provided for Review E~A-5 Saratoga NOTICE OF DETERMINATION Environmental Quality Act of 1970 (Pub. Res. Code Sec. 21152 -- Cal. Adm. Code Sec. 15085(g)) Notice is hereby given that the CITY OF SARATOGA, a Municipal cot oration, through its (Planning Commission) (City Council~ made the following decisions and took the following action on the within-described project: ~ro~.Ct d~.SCriptiO~L: Action Taken: ( ) Project (approved) (conditionally approved) on by granting or issuing ........... . ( ) Project not approved. Determination has been made that there will ( ) will not ( ) be substantial adverse impact (significant effect) on the environment. An Environmental Impact Report has ( ) has not ( ) been prepared pursuant to the California Environmental Quality Act of 1970. Dated this day of , 197 .... . CITY OF SARATOGA, a Municipal corporation CITY OF SARATOGA PLANNING COMMISSION By