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HomeMy WebLinkAboutCity Council Resolution 653-4 RESOLUTION NO. 653-4 RESOLUTION SETTING FORTH ENVIRONMENTAL IMPACT REPORT CRITERIA AND PROCEDURES FOR PRIVATE LAND PROJECTS IN THE CITY OF SARATOGA - SUPERSEDING PREVIOUS RESOLUTION NOS. 653~ 653-2 and 653-3 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 insolaf 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 21083 of the State of California and Section 15014 of the California Administrative Code. Except as may heroinafter be modified, 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. 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.£his resolution or any amendments thereto the term "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 d.iscretionary 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 additionally necessary. Although discretionary, a project may still be categorically 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. -1- 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-3 form accordingly. (3) Categorical Exemptions Section 15101 through 15124 of the California Administrative Code list twenty-four 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 Adminis- trative Code Section 15100.4, 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) Project Application Each application for approval of a discretionary land project shall be accompanied by a completed questionnaire from EIA-la (Environmental Information Form, Appendix H, January 1, 1977 A~m~dments to California Administrative Code, and as from time to time hereafter amended), together with a filing fee in the sum of $50.00. Pursuant to Section 15054.2 of the California Administrative Code, the Director shall specify criteria by which to determine the completeness of applications. Within thirty (30) days after receipt of an application requesting approval of the project, the Director shall determine in writing (Form EIA-2) whether such application is complete or incomplete and shall transmit such determination to the applicant. No application for a project shall be deemed or shall be accepted as complete cnless and until all data and information both in form and substance which will enable the Director to prepare an initial study is provided to his satisfaction. In the event that the application is determined not to be complete, the written determination shall specify those parts of the application which are inco~lete and shall indicate the manner in shich they can be made complete. (5) Project Evaluation and Determination (A) On all discretionary land projects not categorically exempt, ;: the. Directo~ shall determine'.whetherlthe.pr0jectmay have a substantial adverse impact on the environment through preparation of an initial study (Form EIA-1). 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 co~f,~nity 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 normaIly 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. -2- (b) ConFnercial 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 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 similarity 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, Dr rezoning within an "R" district to an "R" classi- fication 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 use or 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, or unless con. ditions defined in Administrative Code Section 15067 are found to exist, requiring the preparation of a subsequent EIR. (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 concern- ing them are by their very nature designed 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 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, dependent upon the circumstances of each case. ~3 - (B) Within thirty (30) days after the acceptance of the appli- cation for project approval, the Director shall make his determination and shall indicate the same by executing Form EIA-3 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 the same thirty (30) 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 Dtrector's determination. In the event of such request by the applicant, it shall constitute an admission that the proposed project may have a significant effect on the environment. (D) Where a project is revised in response to an initial study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a negative declaration shall be prepared instead of an EIR. In this event, the negative declaration shall be completed and adopted within not more than 105 days from the date of acceptance of the application as complete. (6) Consultation (A) As soon as the Director has determined that a project is not exempt and that an initial study will be required to determine whether a negative declaration or an EIR is required, the Director shall consult with all responsible agencies in compliance with Administrative Code Section 15066(b), responsible agencies being all public agencies other than the City which have discretionary approval power over the project. (B) Before completing a negative declaration (Form EIA~4), the Director shall consult with all responsible agencies pursuant to Administrative Code Section 15066. This consultation may take place during the public review period. See Section 7(A) following. (C) Irmmediately after determining that an EIR is required for a project, the Director shall send to each responsible agency by certified mail a Notice of Preparation (Form EIA-5) stating that an EIR will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project. The Notice of Preparation shall provide sufficient information on the project to enable the responsible agencies to identify their concerns. (7) Legal. ~ot.ices 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 doct~nenting the reasons to support such finding, and mitigation measures, if any, included in the project to avoid potentially significant effects. Such ~egative declaration shall be substantially in accord with the form EIA- 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 least ten -4- (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 nmkes a decision to carry out or approve 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 determination and filed with the notice of determination with the Santa Clara County Clerk. (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-6) 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) Whereever a discretionary project is neither excluded nor exempt, and the Director has either issued a negative declara- tion or has required an EIR, then upon final action of the particular project by the conditionally approved or disapproved, the Director shall within five (5) days after such final action cause a notice of such determination to be filed with the County Clerk of Santa Clara County, ~hich notice (Form EIA-7) 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, including therein such findings as may be required by law. (8) P.reparation 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 pre- pared in accord with the Administrative Code Section 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 15140-15145; (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 i~mmediately 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 guidlines relative to Public Resources Code Section 21152 and California Administrative Code Section 15150. This review period shall be no greater than ten (10) days. (d) Upon acceptance 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 - 5- analysis, co~f~ent and reports. Where project is deemed to be of statewide, regional or areawide significance, distribution of said draft shall be in accord with Administrative Code Section 15161.5 and 15161.6 Said distribution shall also be to the same agencies as required to review and report on the tentative subdivision maps pursuant to Section 12.5-1 of Ordinance Series No. 60 of this City, but not limited to those agencies. 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 least thirty (30) days prior to presen- tation of any proposed final EIR to the decision making body for actior 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 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 and consider said EIR. (9) Timely Compliance (A) When the City acting as a Lead Agency, pursuant to California Administrative Code Section 15065, for a project will grant a lease, license, permit, certificate, or other entitlement for use, the decision making body shall complete and certify an EIR in not more than one year or complete and adopt a negative declaration in not more than 105 days. (a) The time limits shall be measured from the date on which an application requesting approval for the project is received and accepted as complete by the Director. (b) The time periods specified in this section may be extended for a reasonable period of time in the event compelling circumstances justify additional time and the project applicant consents to such extension. (10) 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- quire an environmental impact report if it should find that the project 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. -6- (B) Appeal Procedures In most instances of private projects (e.g., rezoning, sub- division and site approval, conditional use pern~ts, 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 Commis- 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 exhausted prior to the institution of any action or proceeding referred to Public Resource Code Sections 21167 or 21168. The above and foregoing resolution was passed and adopted at a regular meet- ing of the City Council of the City of Saratoga held on the .......... 7th day of June , 197__8by the following vote: AYES: Councilmen Kraus, Corr, Callon, & Kalb NOES: None ABSENT: Councilman Matteoni A~ -7 -