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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. 3 (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 5 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: