HomeMy WebLinkAboutCity Council Resolution 653-2"'' - " . ...... RESOLUTIO~......~O. 653- 2
RESOLUTION SETTING FORTH ENVIRONMENTAL IMPACT
REPORT CRITERIA AND PROCEDURES FOR PRIVATE
LAND PROJECTS IN THE CITY OF SARATOGA -
SUPERSEDING PREVIOUS RESOLUTION NO. 65}
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.
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 here-
after 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 anEnvironmental Impact Report {heroinafter called EIR), and when
not 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 certify aifinal EIR~.which authority is hereby delegated
to the Planning Commission of the City of Saratoga~ and/or retain by this Council,
depending upon which body is 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 subdivision or site approval maps, and may include grading permits
where discretionary engineering criteria is additionally necessary. Although
discretionary, a pr'oject may still be categorically exempt. See Section 2(3)
following.
Ministerial land projects, which are not subject to the
Environmental Quality Act, include approval of final subdivision, parcel, and
record of survey maps, final site approval, issuance of building permits and
issuance of grading permits where discretionary engineering criteria is not required.
Application for approval of a land project which is specif-
ically 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 ministerial project, the Director shall make a determination as to the discret-
ionary or ministerial nature of the same, and shall fill out an EIA-2 form accordingly.
(3) ~.ategor~cal Exemptions
Section 15101 through 15112 of the California Administrative
Code list twelve 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 require-
ment of preparation of an EIR. The City Council shall,. from time to time, and
pursuant to AdministratiVe Code Sections 15115 and 15116~ list b7 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.
Each application for approval of a discretionary land project
shall be accompanied by a comp. leted questionnaire (Form EIA-1), together with a
filing fee in the sum of $30.00 to enable the Director to determine whether such
a project is excluded or exempt, and/or whether the same might have a substantial
adverse impact (significant effect) on the environment. If the Director determines
the proposed project is neither ministerially excluded nor categorically exempt,
he may then require additional data and information to be supplied by the applicant
preparatory to determining whether an EIR will or will not be required.
(5) Project Evaluation and D~termination
(A) On all discretionary land projects not categorically
exempt, 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 develop-
ment 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 development 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 distin-
guished from conditional. uses.
(b) Commercial and industrial zoning districts, unlike
residential districts, generally permit a range of different
uses and structures. Accordingly, 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 pre-existing residential zoning create
any inference that a proposed conditional use (requiring a use
permit) will or ~11 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 similarity of
available uses throughout all C districts. A negative declaration
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 partic~llar use within such district.
(d) Rezoning from one 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,
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(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 declaration
under and pursuant to Administrative Code Section 15083.
(f) Where a rezoning has been required to be accompanied
by 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 useor uses within
· 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 normally 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 other-
wise exempt, and therefore within the purview of the Environmental
Quality Act, are so limited in scope, and the regulations concerning
them are by their very nature designed specifically to foster and
pro~ect 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 and hereby deemed to be minor within
the terms and meaning of the Administrative Code Section 15105(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
substantial adverse impact, dependen[ upon the circumstances of each
case.
(B) Within five (5) days after the filing of the application for
project approval, the Director shall make his determination and shall indicate the
same by executing Form EIA-2 and permanently filing a signed copyin the City File.
Should the application for p~oJect approval require an EIR, the Director shall notify
the applicant within (5) 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 of the 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 (5) days after the Director's
determination. In the event of such request by the applicant, the Director shall
proceed as if his initial findings 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) Notices Required
(A) NeMative Declaration (Filed with Coun~X Clerk)
if the Director determines the proposed project will not have a
substantial adverse impact on the environment, concurrently with executing Form EIA-2,
he shall prepare and file with the County Clerk of Santa Clara County a negative
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declaration, not exceeding one page in length, containing a brief description
of the project and his fiUd~R. which shall be so filled at least 30 days prior
to action by the decision-makinR body on the application in question. Said
negative declaration shall be substantially in accord with Form EIA-3, setting
forth the reasons therefore.
(B) Notice of Completion (Filed with 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 on the final EIR
and action on the application in question.
(C) N~.~.~Ce ~fDetermi~pation (.~.!led with County Clerk~
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, cond~.tionally approved or
disapproved, the Director shall within ~ days after such final action cause a notice
of such determination 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 body
agency to approve or disapprove the project, and (b) the determination, and (c)
whether a final EIR has been prepared pursuant to the provisions of the Environmental
Quality Act.
7. Preparation and Adoption of EIR
(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
the Administrative Code Sectinn 15085 and in accord with the following:
(a) The applicant will be required to submit a draft EIR
containing all the information specified in Administrative Code
Sections 15141, 15142 and 15143;
~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(consult) shall
be borne by the applicant. 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 applicant's owned
or controlled affiliates within the 12~month period immediately
preceeding 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 Cal. Adm. Code Sec.
15085(g). This review period shall be no greater than i0 days.
(d) 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 Jurisdiction with respect to the project, for
their analysis, comment and reports. Said distribution shall be
to the same agencies as required to review and report on the tent-
ative subdivision maps pursuant to Section 2.4-1 of Ordinance
NS-5 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.
(e) Upon the expiration of 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 present-
ation 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 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
certify 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.
8. Appeal and Review
A. Negative 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 person, or upon its
own motion, may review the decision of the Planning Director, and in such review
take into consideration such data, information and evidence as it deems advisable
and necessary, and shall have a right to reverse the decision of the Planning
Director and to require an EIR if it should find, from all of the evidence avail-
able to it, that notwithstanding the decision of the Director, there is still a
substantial lik~lihood 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 ~ame within said
period of time shall automatically constitute a re-affirmation of the Planning
Director's determination. Review under this section shall be an administrative
prerequisite 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~
M. EIR Review
In most instances of private projects (e.g., rezoning,
subdivision and site approval, conditional use permits, 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 Commission 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.
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In the even~ ~ ~ ~xv ~FF .........
particular action of the Planning Commission on the project i~ question, then and
in event there shall be an appeal to the City Council from the action 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
rights be exhausted prior to the institution of any action or proceeding referred
to in Public Resources 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 21st
day of AuguSt, ~7~ by the following vote:
AYES: Councilmen Smirk Bdgham, Krau% Diddon &
NOES: Non~
ABSENT: 'None
Mayor
ATTEST:
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EIA-2
EIR EVALUATION FILE #
A3plication for
pFoject Name
Name and Address of Applicant
Present Zoning & Present Use
Upon initial study and evaluation, it is hereby determined that the above-
described project is entitled to, or requires, as follows:
( ) Project approved prior to 4/5/73
( ) Ministerial exclusion
( ) Categorical exemption
( ) Negative declaration
( ) EIR previously obtained -- exempt
( ) EIR required
( ) City of Saratoga not lead agency (Sec. 15065,
15066)
Dated this day of , 1974.
PLANNING ~ND ENVIRONMENTAL QUALITY DIRECTOR
OF THE CITY OF SARATOGA
By:
EIA-3
Sara toga
DECLARATION THAT ENVIRON".'HtNTAL
I~IPACT ]:~EPORT NOT REQU!iIED
(Negative Declaration)
Environmental Quality Act of 1970
77he undersigned, Director of Planning and Environmental Control
of the CITY OF SAtb\TOGA, a Municipal corporation, after study and evaluation
has determined, and does hereby determine, pursuant to the applicable provi-
sions of the Environmental Quality Act of 1970, Sections 15080 through 15083
of the California Administrative Code, and Resolution 6_j3______ of the City of
-Saratoga, that the following-described project will have no significant effect
(no substantial adverse impact) on the envirornnent within the terms and meaning
of said Act.
--Project Descri_ption File #
Name and Address of Ap_~?licant
Reason for Ne._}~atSve Declaration
Executed at Saratoga, California~ this day of
Director of Planning and Environmental
Control of the City of Saratoga
BX
Director's Authorized Staff Men~ber
By
EIA-Z.
SARATb~ Appe~....~x C
TO: State of California
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose and Beneficiaries of Project
Lead Agency Division
Address where Copy of E~R is Available
Review Period
Contact Person frea Codej Phone Extension
Dated this day of .... , 1974
Marry Van Duyn, Director,
Planning & Environmental Control
City of Saratoga
EIA - 5'
Saratoga
NOTICE OF DETERMINATION
Environmental Quality Act of 1970
(Pub. Res. Code Sec. 21152 '-
Cat. Adm. Code Sec. 15085 (g))
Notice is hereby given that the CITY OF SARATOGA, a Municipal
corporation, through its (Planning Commission) (City Council) made the following
decisions and took the following action on the within-described project:
~..roject Description:
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: