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Home My WebLink AboutCC RES 73-22RESOLUTOIN 73-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ESTABLISHING FEES AND PROCEDURES FOR PROCESSING ENVIRONMENTAL IMPACT REPORTS4 8 9 10 '.11 !2 13 14 15 17 18 19 20 -23 ~5 27 28 29 · 30 A RESOLUTION OF Ti{E CITY COUNCIL OF THE CITY OF TUSTIN, ESTABLIS}IING FEES AND. PROCEDURES FOR PROCESSING ENVIi~ONi~ENTAL IMPACT REPORTS . 13 The City Council of the City of Tustin, California, hereby resolves as follows: Section 1. Purpose Pursuant to Ordinance No. 579 , establishing Guidelines for Environmental Impact Reports, the following pro- cedures and fees are established for the processing of applications in the City of Tustin. Section 2. Procedures 1. Preapplication Conference. A conference will be scheduled ~y'~he applicant with the Community Development Director, or his designated represen- tative,, to determine the appropriate form and pro- cedure for compliance with the Environmental Quality Act. 2. EI.R..- Req.ui_red~. When determined that an EIR is re- .quired, the applicant shall have prepared a draft EIR in accordance with the guidelines and require- ments adoPted by the City Council. - a. Time of Submission. The EIR shall be submitted' to the ~-~m~~-i{Y~D'evelopment Department concur-: ~ent!y with a related application such as zone change or variance. /// III b. Number and Format.- %~enty-Five (25) numbered copies Shall ~e furnished the City, with ' printed pages 8 1/2" X 11" and folded map ' pages at a scale not less than 1"=100' fas- tened with a binder permitting the insertion of supplementary pages, bound by a firm cover and labeled with the name of the project. c. ~Pr~e~im_i_n_ar~_y~R~evi_e_~w~. The Community Development Department shall give preliminary review to the EIR for adequacy of the report and com- pliance with the guidelines. When in the judgement of the Community Development Direc- tor the EIR is incomplete, inadequate, or of questionable validity, he may require supple- mentary information or verification of facts and credibility of opinions. . d. Notice of Completion of Draft EIR. The Com- '. ~unity Development Director shall file an , official notice with the Secretary of the Re- ~ sources Agency stating that a draft EIR has · been filed wi th and accepted by the City of Tustin, prior to the dissemination of copies for review. i ? 9 10 11 12 15 18 16 18 ~0 ~5 ~9 }. ,-. ,2_~,.-~_~:.~:~_..~u.~.]..~.~ ~~:'~.n~. rubli~ l~a~.inq_~ upon the EIR shall be advertised concurrently wi'th any required hearing for the same project, with{ hearings to be scheduled not less than 30 days nor 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 maile~ to all , governmental agencies having jurisdiction wii in the impacted area. f. Distribution of Copi.e.s_. Copy No. 1 shall be ti~--°~-fiCia~---f~le copy of' the Ci-~-f-to be re- tained with the related application and shall include all findings, reports, opinions, com- ments and a'ctions related thereto. C_~o~y Nq.~2 ' shall be in the possession of the Ci.t~, Clerk and made available for public review ~during the period of notice prior to the public hear- ing. Co_py No. 3 shall be furnished t~e refer- ence librarY of the Tustin Branch of the Orangei County Library for public review. Copies shall be furnished the City Council, Planning Commission, City 'Departments. and other governmental and private agencies as re- quired ' by law. : g. ~?i~a! Re_p~Ort~. Preparation of. the Final EIR Report shall be the responsiblity.of the Com- munity Development Department, based upon the draft report submitted by the applicant, as amended, supplemented, or endorsed, on, the basis of comments anti.evaluations by Staff a~._ affected public and private agencies. h. Approving. Auth0r~it.y_. The City CounciI~..shall the approving authority for EIR reports in -those instances where the Council is the final authority for a related action, based upon a hearing by recommendation of the Planning Com- mission. When final jurisdiction, unless appealed, rests with the Planning Commission for a related· action, the Planning Commission shall also be· the approving authority~.' for the EIR report' The Planning Commission shall be the approving authority for an EIR in".those · instances unrelated to any action not'other- wise requiring a public hearing. · i. Appeal. The decisions of the Staff and Plan- ~ _ ning Commission 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. j. Notice of Determination. Upon the maki~g of. d~ciSion, on a project by the Pl~anning~.Conuni's- sio~ or City Council, the Commulnity Dev~alopment Director shall file a Notice of~ .Determination · with the Orange County Clerk. !Sa~d ~'~oclce shall include-. -2- 20 .. 25 27 29 ~0 · 15 (1) the decision of the City to approve or disapprove the project, ~ :.,~ (2) the determination of the City whether the project will or will not have a signifi- cant' effect on the envir0nment, and (3) whethe'r an EIR has been prepared pursuant to the provisions of CEQA. Section 3. Negat. ive Declaration. A Negative Declaration may be prepared for a project which will have no significant effect on the environ- ment, in accordance with the following procedure: 1. ReqUest for Exemptiqn. The applicant for a Nega- tive Dec]'a~ation as an exemption from the require- ...... · ment of an EIR shall c°mple~te Form (EIR-1), describ ing the project and its probable impact upon the environment. 2. Evaluation. The Community Development Director, ~-f-~er-{ho~'ough 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 signifi- cant effect on the environment. Factors' f~fr deter- mining significance are as follows: . a. The physical setting of.:the project. b. Primary and secondary consequences. c. Possible adverse consequences as follows: Is in conflict with' environmental' plans and goals that have been adopted by the City of Tustih; 2) Has a substantial and demonstrable nega- tive aesthetic effect; 3) Substantially affects a rare or endan- gered species of animal or plant, or habitat of such a species; 4) Causes substantial ~nterference with the movement of any resident or migra-' tory fish or wildlife species; 5) Breaches any published nationa-1, 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 adj.oining · areas; Involves the possibility of contamin- ating, a public water supply System or adversely affecting ground water; . -3- 16 1 6 8 l0 11 15 14 15 16 17 18 19 ~0 21 -24 25 26 £? 28 29. 30 3]. d · sion or siltation; 9) Is subject to major geologic hazards. · · . Mandater~..~__. _~ .... y__~~.._Findings of Significance. In every caSe--'where any °-~-t]~e f0'li'°Win~-~nditions ar found to exist as a result of a project, the project will be found to have a significant effect on the environment: have the potential to de- 1) Impacts which grade the quality of the environment, curtail the range of the environment. 2) Impacts which achieve short-term, to the disadvantage of long-term, env~ron- mental goals. A short-term impact' on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will e:.ndure well into {he future. 3) .Impacts for, a project which are ind'ivid- ually limited, but cumulatively consid- erable. A project may impact on t~o or more separate resources where th~ impact . on each resource is relatively small. If the effect of the total of those i]npacts on the environment is signi.ficant, 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 insignificant. 4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or in- directly. '. , 3. N_ot_ice..._o_f. N~g_,ati, v_?__De~c!gr, at...i.°~ Fi._n. di_n-gs' a. Notices of public hearings for approval of projects by the Planning Commission or City Council shall so state if a Negative Declara- tion has been issued. · ,, b. A copy of the Negative Declaration shall be filed with the Clerk of Orange County.·not less than 10days prior to the scheduled public . hearing. ~ tti EIR. III The Planning Commission, on its own motion, and.upon a finding of fact, may. reverse the determination of a ...... Ne.q'ative Declaration and continue a public hearing t ~ .... ~i-a-~e .... certain following the submission of a' require. Section 4. A_~al of Meg ative Declaration. - _ _ . ~ . : ..... ~ -_ _~ .... ,,_ -_ .~ ~__-- ~_ _ - 2 3 6 14 15 -16 '17 18 19 2O 21 22 .23 24 25 26 29 · 30 31 32 !Section 5. I ,! 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 · b~ Negative Declaration - Twenty-Five Dollars ($25.00) o. o EIR Rov:i. ew -. Two Hundrod Fifty Dollars '($250.00) Ce Copies of EIR's - Twenty Cents (20¢) per page. PASSED AND ADOPTED At a regular meeting of the City CounciI of the. City of Tustin on the 2nd day of April, 1973. 1973. ATTEST: -5- 18 STATE OF CALIFORNIA)' COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-offici.o Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five ; that the above and foregoing Resolution No. 7-3~? ~ was duly and regularly introduced, read, passed and adopted at a regular'meetin.g~ of the City Council 'held on the 2nd day of April , 1973, by the following vote: ............ - ....... i~. AYES- COUNCILMEN MILLER, SALTARELLI, LANGLEY., WELSH, WOODRUFF · . NOES- COUNCIL~EN_ NONE , ' ... '.'. ABSENT' COUNCILMEN NONE City C 1 e r.~~i~y of Tus tin, CalJ. ""'orni-~-