HomeMy WebLinkAboutCC RES 74-083,22.
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RESOLUTION NO. 74-8
A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, ESTABLISHING FEES AND PROCEDURES FOR
PROCESSING ENVIRONMENTAL IMPACT REPORTS AND
RESCINDING REOLUTION NO. 73-22.
~ Ca'~ ifornia,
TI~o City CoUncil of the City of Tus~_n,
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hereby resolves as follows :" '
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Section 1. Purpo~o
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Pursuant to :R~so~ut'~on no, :'~4-.9 establishing
Guidelihes' for Environmental impact Roports~ the
follow~n~ pracedures and fees are established
~ho procos~in~ of applications j.n
ustSn.
Section 2 ~Applicabilit
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a. The requirements set forth in these Guideiifles.'
apply to projects which may have a significant
effect on the environment and which involve
discretionary governmental action Where it
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can be seen with certainty: that the act. ivity
effect on. the environment; the activity .'is
not covered by ~the requirements set. forth in
CEQA; and these Guidelines concerning the
evaluation of projects; the preparation and
review of environmental impact reports do
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b. If the proposed project j.s one which may have
a significant effect on the enviro~',~:ment the
City shall conduct an initial study to
determine 'the impact, if any Of the effects
of the project may have a substantial adw~.rse
impact on the environment, regardless of whether
the overall effect of the project -;s adver, se
or beneficial, or the project is not specifically
exempt from the EIR requirements, u:~en a.f~
environmental impact report must h,e pr...pa~d
prior to the exercise of discretio-~.,..ary gove'rnmen-
tal 'action. '
If the project is 'I:.o be carried ou'!:: by a non-
governmenta.! person~ the City may require
such person to. submit data and information to
enable the City tc make-c~e d. et. erm:~.nation .
of significant effect.
Section 3. Proceduros
1. Preap_~ica, tion Conference. A conference will
be scheduled by the applicant witi', the
Co~munity Develo'[~ment Director~ o':"~.. !"t'~:~.
designated representative~ %o d. ei:e?mi:ae 'L:he
appropriate
' with the Environment:al Quai": i.:~ Ac',' ,..
a draft EIR i~'~. accordar:c:e w";.t~'~. '' .... gilJ. d ~
. L. i ~..~..:.: C:..i.~. i D. C...: $
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ano. requirements aGop~..cu Dy u~,e ~:.;iuy
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a. Time of Submission. The Draft EIR shall
be submitted to tL~'e Community Development
--~-..~,..Department concurrently with a related
· applicat'~.on such as zone change or variance.
Number and Format. Twenty- five (25)
numbered 'COpies shall be furnished the City,
with printed pages 8 1/2" X 11" and folded
map pages at a scale not less than 1" = 100',
fastened with a binder permitting the
· insertion of supplementary pages, bound by
a firm cover and labeled with the name of
the project. In those instances where
approval is required of a S ~.~ate or Federal
agency, an additional twenty-five (25) ~ ·
copies shall be furnished. '~'
c. Preliminary Review. The Community Develop-
~n~-~ep~r~ment---S~h-all give preliminary
review to the Draft EIR for adequacy of the
report and compliance with the guidelines.
d. Preliminary Evaluation. Prior to dissem-
ination Of the'Draft-'EIR for public review;
the Con~nunity Development Director, after
consultation with other department heads;
shall include within the draft EIR a section
containing an independent evaluation and
analysis. ~-
e.. Notice of. jCo_._m_pieti0n (Intent) of Draft EIR.
A-s 'Ls0On as the Draft E'eR ~'~ Comp~ieted~ ..... ~
but before copies are sent out for review,
the Community Development Director shall file
a "Notice of .Completion" with the Secretary
for the Resources Agency.
~Ihen the EIR-is to be reviewed through the
state review process, a Notice of Intent
will be filed with the State clearinghouse
and said Notice of Intent shall satisfy
the requirement for a Notice of Completion.
f. Notice of Public Hearing. Public hearings
{~pon ~he' .... 'E'IR ~'~-hal~f~' 'be' advertised concurrently
with any. required hearing for the same
project, with no more than 60 days from the
filing of the application. Public hearings
may be continued to a date certain; not to
exceed 90 days. Notice of hearings shall
be mailed to all governmental agencies
having j.urisdiction within the impacted area~
g. Distribution of Copies. Co~y No. 1 shall
De the official file copy of the City to b~
retaine~ with the related application and
shall include all findi, n:'~s, reports~ opinions,
comments and actions related thereto. Co_~o.~
No. 2 shall be in the possession of the
· ~~-C~!erk and. made available for public
review durin~ the peri<.~d of notice prior ~o
~h~ public hear~n.o ..... ~. .... ,v-No. 3 shall be
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furnished the reference library of the
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~'ustin *'.2. ranch of the 0ra..ng0 county Library
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~'~:-'""£'or public review. .
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Copies shall be furnished the City Council,
Planning .Agencyt City Departments and
other governmental and private agencies
as required by law.
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h..F,.inai R_____ep~_o.._r_t.. Preparation of the Final. EIR
'Report shall be the responsibility of the
Col~nunity Development Department, based
U. P0n the draft report submitted by the appli-
Cant, as amended, supplemented., or endorsed,
on %he basis of comments and evaluations
by Staff and affected public and private
agencies.
Certifying Authority. The City Council shall
5~-~he~ -C~7~-~f~yii~g -a~thority for EIR repor'ts
in those instances where the Council is the
final for a related action,, based upon
a hearing by recommendation of the Planning
Agency. When final jurisdiction, unless
appealed · jests with the Planning .Agency
~"c.rfor:ca~'.~e~ated action, the Plann~..ng' Agency
shall also be the authority for the E~,R
report. The Planning Agency sha].l be
%he .~Uthoritv for the EIR in 'those in,.~:.an.ces.
requiring a p.~lic hearing.
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j. Appeal° The decisions of the Staff and
Planning AgenCy may be appealed to the City
Council .upon the filing and payment of an
appeal ·fee, as any other appeal is filed..
Upon appeal~ the determination of the City
Council shall' be final and conclusive.
k. Statement of Overridin~ Considerations.
It' ~S the obla. gatzon oz the Czty to ba~.ance
enVironmental damage with other public
objectives~ including economic and social
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factors' in determining wl~ether..and how-a
project should be approved. 'iff it is the
decisio~ of the City to approve a project
for' which serious adverse environmental
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consequences have been identified in the
EIR, the City may appendix a statement
~o' the Noticc. of Determination, setting
f°rth the' factors that warrant approval of
the project '
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I. Notice o~ 'Det.a.z'~:~ir~ation., Upon the making of
a dec'.si, on on a ~.:roject b~ the P!a. nning
, Agency or 'City
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Deve'!opmen.t ~i~,.~ci;or sh~,a.i ,fi.!e ~, Not,ce
Of' DeterminatJ. on with the Orange Cowry
Clerk. S31d notice shall inclucle:
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(1) the decision of the City to approve
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or disapprove the project,
(2) the determination of the City whether
. the project will or will not have a
significant effect on the environment,
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and,
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.(3) whether an EIR has been prepared
pursuant to the provisions of CEQA.
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Section 4. Neg..a..tive D_ec~a~a~io_ln.
A Negative Declaration 'may be prepared for a
project which will have no significant effect ·
on the environment, in accordance with the
following procedure:
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1. Request for Exemption. The applicant for a
Negat-ive Declara'ti°n- as an exemption· from the
requirement of an EIR shall complete Form
(EIR-1), describing the project and its
probable impact upon the environment.
2. Evaluati_o_n. The Community Development Director,
a-f~er--thoroug~ evaluation and findings, based
upon consultation with other interested
agencies and city departments, may issue a
Negative Declaration for a proposed project
which will have no significant effect, on the
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ficance are as follows:
a. The physical set~ing.'of the project.
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b. Primary and secondary consequences.
c. Possible adverse consequences as follows:
1) Is in conflict with environmental plans
and goals that have been adopted by
the City of Tustin;
2) Has a substantial and demonstrable
negative aesthetic effect;
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3) Substantially affects a rare or endan-
gered species of animal or plant, or
habitat of such a species;
4) Causes substantial interference with
the movement of any resident or migra-
tory fish or wildlife species;
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5) Breaches any published national, state,
or local standards relating to solid
waste or litter control.;
6) Results in a substantial detrimental
effect on air or water quality, or on
ambient ,noise levels for adjoining
areas;
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· .7) Involves the' possibility of contaminating
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·..'"" .. ,"' ." affecting., grou~d w~ter; ' ~' "~'}' 'i
"' ~) Could cause s~s[a~ial flooding,
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"* ";" erosion or siltation;
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9) ts ,s~ject to major geologic hazards.
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d. ~.ory Findings_ ~f_ siggi_fi~~e_. · In
.every case where any of the following..
conditions are founcl to exist as a result
of a project, the project will be found to
have'a significant effect on the environment:
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1) Impacts which' have the potential to
degrafle the quality of. the environment~
curtail the range of the environment.
2) Impacts which achieve short--term, to the
disadVantage of long-term, environmental
goals. A short-term impact on the envi-
ronment is one which occurs in a relative].'
briery definitive period of time while
long-term impacts will endure well
into. the future.
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3) ImpaCts for a project which are .indi-
vidually limited, but cumulatively
co~.'[d, erabie. A ~ojeck may imps. ct on
two or more separate resources where
the impact on each resource is relatively
small. If the effect of the total of
those impacts e~. the environment" is
significant, an EIR must be prepared.
This mandatory finding of significance
does not apply to two or more separate
projects where the impact of each is
ins igni ii cant. ·
4) The environmental effects °f a project
will. cause st~bstantial adverse effects
on human beings, either directlY, or
indirectly. '
Section 5. Content of DeclaratiOn
A Negative Declaration, normally limited 'to page
in length, Shall ..... contain the followinq information:.
1. Description of the proposed projec.t.
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2 ~. fin. d±,~g +bat the projects will. not have a
s_i. gnif~ t'effect on the environment
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3. Reasons supporting the findings
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4. Signature of person preparing the statement.
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5, Location of.a file copy for public review.
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~.~tic-n ~ '~"~'~" .~f ~~"~""^ ~~ .... ~'~o~ Findings.
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Notices of p'~ublic hearings for approval
of projects by tl~e Planning Agency or City
Council shall so state if-~ Negative Decla-
ration has been issued. :,
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A copy of the Negative Declaration shall be
filed with the Clerk of Orange County n..ot
less than t0 days prior to the scheduled
public hearing.
Section 7. App~e_~l...o'._f Negative De_____~c~..1..ara.,tio_n..
The Planning Agency or City Council, on its own
motion and upon a finding of fact, may reverse
the determination of a Ne_gati~__ve_.Declaration. and
continue a public hearing to a dat'e--'-cer~ain
following the submission of a required EIR.
Section 8. Fees
The following fees are established for the
purpose of recovering the costs incurred
by the City in reviewing~ assessing, preparing,
and distributing EIR's and Negative Declarations:
a. Negative Decla~ation - T%~enty-five Dollars
($25.0O)
b. EIR Review- Two Hundred Fifty Dollars
($250.00)
c. Copies of EIR's - Twenty Cents (20¢) per
page.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Tustin on the' 4th day of February 1974.
,.MAYOR
ATTEST:
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUST~N ) '
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole nuatber of the men~bers of the City ..
Council of the CJ. ty of' Tustin is five; that the above and
foregoing Resolution No. _7_4.~~8 ___ was duly and regularly
introduced, read~ passed and adopted a~ a regular meeting
of the City Cou~cil held on the 4th day of'February. ,
1974, by the following vote: .
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AYES: COUNCILMEN SALTARELLI, WELSH, WOODRUFF ~ SHAP~P i
NOES: COUNCILMEN .NONE ................ .~
ABSENT: COUNCILMEN LANGLEY .............
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