HomeMy WebLinkAboutCity Council Resolution 653-5 RESOLUTION NO. 653-5
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, 653-3 AND 653-4
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 21083 of the
State of California and Section 15014 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
15000-15203 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
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 provisions 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 or Community
Development Director
The Director of Planning or the Director o__f
Community Development of the City of Saratoga,
each hereafter to be designated the Director of Planning and Environ-
mental Control or Director of Community Development and Environmental
Control respectively, and each hereafter in this Resolution called
"The Director", are hereby'~'d~horized and directed to make a
determination as to whether or not a proposed project within the
purview of their department will or will not require an environmental
impact report ('hereafter called EIR). The Director 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
determine 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. The Director may delegate his authority to another member of
his department.
(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
project 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, issuance of grading permits where
discretionary engineering criteria is not required, issuance of
business licenses, and individual utility connections and
disconnections.
Application for approval of a land project which
is specifically listed as ministerial need not be accompanied by a
questionnaire (Form EIA-la) 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 Exempt.~.ons
Section 15101 through 15129 of the California
Administrative Code list twenty-nine 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 specific activities listed under
the above referenced classes are he~eb~ incorporated into the..City s
~ist of exempt a"~'ti~vi~es. The City Council shall, from time to
"Time, and pursuant to Administrative Code Section 15100.4 amend this
list by resolution or order specific activities that fall within
each of such classes.
The Director ~.r ~. designated member of his staff
shall determine whether each project applied for falls within a cate-
gorically exempt class, whether the same is specifically listed in
accord with the above or not.
(4) P~oject 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
Amendments to California Administrative Code, and as from time to
time hereafter amended), together with a filing fee in the sum of
$75.00. 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 unless 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 incomplete and shall indicate the manner in which they can be
made complete.
(5) Project Evaluation and Determination
(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
through preparation of an initial study (Form EIA-lb). In making
such determination, he shall follow the general guid'elines set
forth in Sections 15080 through 15804 of the California Administra-
tive 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. Residential
General Plan Designations and i.mple~e...nting
z.o~g have be~n~ad6pted "0hl"~ after the Council
found that residential development of said
lands is in accord with the General Plan and
the Zoning Ordinance and will not have an adverse
~"~fect or lmpaC't""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 declara-
tion. In this regard, existing residential
zoning shall be deemed to be a pre-existing
approval of the major phase of an ongoing
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. 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, not
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
declaration on such rezoning shall not,
however, preclude the Director from requir-
ing 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", "M" or "PA" 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 "PA" district, or rezoning
within an "R" district to an "R" classifi-
cation having a higher density, are types of
projects which ordinarily would be expected
to have a significant effect on the environ-
ment, but still may or may not be entitled to
a negative declaration under and pursuant to
Administrative Code Section 15083.
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(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 develop-
ment 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 conditions defined in Administra-
tive Code Section 15067 are found to exist,
requiring the preparation of a subsequent
EIR. In lieu of a subsequent EIR, a supple-
ment to an existing EIR will be allowed if
the conditions defined in Administ'rative
Code Section 15067.5 exist.
(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 of Ordinance NS-3, Ordinance
S ,
NS-3.47) and sign permits { e~STO~rs'~. 1-10
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, and the regulations concern-
ing them are by their very nature designed
specifically to foster and protect the environ-
ment, 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 Adminis-
trative 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.
(j) Residential projects conforming
to a Specific Plan for which an EIR has been
p~epared shall normally be exempted from
preparation of another EIR or negative
declaration (per AdministratiVe Code Section
15079.7). However, should an event arise as
described in Administrative Code Section
15067 (e.go, significant changes are proposed
in the project creating new impacts not
considered, substantial changes in project
~ircumstances occur, or new information or
substantial information becomes available)
this exemption shall not apply until a
supplemental EIR is prepared for the specific
Plan.
(k) The cancellation of Williamson
Act contracts shall normally require the
preparation of a negative declaration rather
than an EIR if the parcel affected is
designat~"d for ~esi"'dential development in the
General Plan. This exemption is appropriate
because consid~"rable study, analysis, and
public input were utilized in the formulation
and adoption of the General Plan and its
EIR. Through this process mitigation measures
are added to the plan or it is otherwise
modified to reduce potent'ial adverse impacts
to insignificant levels. Therefore, actions
such as cancellation of Williamson Act
contracts, if such cancellation""'is proposed
for a project consistent with the General
Plan, will normally be expected not to
create adverse effects or impacts on the
environment. Use of a negative declaration
for a Williamson Act contract cancellation
does not preclude the City from requiring a
further negative declaration or an EIR for a
speci~"c development proposal on a cancelled
contract parcel.
(1) A mitigated negative declaration
shall be prepared instead of an EIR where the
~Fignificant effects of a project identified
in an initial study are clearly mitigated
to a point where no significant environmental
effects would occur. The use of a mitigated
negative declaration shall be subject to the
limitations and required finding of
Administrative Code Section 15080(d)(2).
(m) A focused EIR is an EIR that describes
the specific impacts of a particular project
identified in an initial study and depends
upon a master EIR or an EIR for a similar
project for its more generalized background
information. The purpose of a focused EIR is
to reduce the time and cost of environmental
reviews while assessing those aspects of the
project which would create significant impacts.
The City encourages the use of focused EIR's
whenever possible. Such EIR's should
reference the General Plan EIR and others
for general background information and identify
those significant impacts that are particular
to the proposed project.
(B) A project shall not be deemed as
received or accepted for filing under City ordinances until such
time as the environmental documentation required by this Resolution
and CEQA has been completed in conformance with the conditions
listed under Admin~'strative Code Section 150'54.1. This will allow
the City adeq.~ate time to comply with CEQA for those projects
requirin9 b~.. ordinance, short time periods for action"~J~L.g. 50 day limit for
action on a tentative subdivision). '
(C) Within forty-five (45) days after the
acceptance of the application 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 forty-
five (45) days.
(D) 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
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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
tc 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, it shall constitute an
admission that the proposed project may have a significant effect
on the environment.
(E) 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
and trustee agencies in compliance with Administrative Code Section
'~066(b)',' responsible agencies being all public agencies other than
the City which have discretionary approval power over the project and
trustee agencies being all state a~encies having jurisdiction by
law over natural resources affected by a project whi"ch are held in
trust for the Reople.of ~e State of California.
(B) Before completing a negative declara-
tion (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.
(C) Immediately after determining that an
EIR is required for a project, the Director shall send to each
responsible agency by certified mail (or any other method of trans-
mittal which provides a record that the notice was received) a Notice
of Prepara~i"on (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 respon-
sible agencies to identify their concerns.
(7) Legal Notices ~equired
(A) Negative Declaration (Filed with County
Clerk) In the event that it is' d~'termi~ed"'~nat 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 thenameof the projectsproponent, 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-4 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,
~han notice may be given in any one of the methods as provided by
the above-captioned Code section, at least ten (10) days prior to the
dateof 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 declara-
tion shall be attached to the notice of determination and filed 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)
daye prior to action on the final EIR and action on the application
in question. This notice shall contain the information required by
Administrative Code Section 15085(c).
(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 declaration
or has required an EIR, then upon final action of the particular
project by the decision-makin~ body aRprovinq or conditionally
approving the project~ the Director s~"'all 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, which 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 and (d) the information ~.equired bY
Administrative Code Sections 15083(f) or 15085(h).
(8) Preparation and ~option 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
Section 15085 and in accord with the following:
(a) The aDplicant 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
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 relativeto the given project
and its consistency with State guidelines
relative to 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 analysis, comment 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 $500.00. Public
~Otice 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 presentation
of any proposed final EIR to the decision-
making body for action thereon.
(e) Upon the expiration of forty-five
(45) 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 times 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 apublic 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; other-
wise, 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 it 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 forthe project is received and accepted
as coiaplete 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) Neqative Declaration Review At the time of
hearing on a proposed negat%ve declaration, the decision making body,
either on the motion of the applicant or upon its motion, shall have
the right to refuse to approve the negative declaration for the
proposed project, and shall require 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 herein-
above set forth for the preparation and adoption of an EIR.
(B) Appeal Procedures Inmost instances of private
projects (e.g., rezoning, subdivisionand site approval, conditional usepermits,
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. Whenever a negative declaration has been adopted, or an
EIR has been adopted, by the decision-making body, and there j.s 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. If appropriate, findings under
Administrative Code Section 15080 and 15089 shall be made by the
~isi.o~. making body hearin~ the appeal.
In the event there is no appeal procedure
from the particular action of the decision-making body on the pro-
ject iD 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 Commission decision on the grantingor 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 meeting of the City Council of the City of Saratoga held
on the 2]~t day of LI~lV , 1982 by the following
vote:
AYES: Councilmembers Clevenger, Fanelli, Mallory, Moyles and Mayor Callon
NOES: None
ABSENT: None
Mayor
ATTEST: