HomeMy WebLinkAboutNB 1 EIR GUIDELINES 08-18-80DATE:
August 18, 1980
NEW BUSINESS
NO. 1
8-18-80
Inter-Corn
TO:
FROH:
SUBJECT:
Honorable Mayor and City Council Members
R.K. Fleagle
Environmental Impact Report Guidelines - Resolution No. 80-84
BACKGROUND
The California Environmental Quality Act requires each public agency fo adopt pro-
cedures for implementation of fha Act and the Guidelines published by the Secretary
of the Resources Agency. Amendments are made fo CEQA durin9 each legislative
session and the Guidelines must be amended to conform fo the changes in law.
The State Guidelines (Sec. 15050) were amended fo read:
(e)
In adopting procedures fo implement CEQA, a public agency may adopt the
State EIR Guidelines by incorporafin9 by reference. The Agency would
then need fo adopt only those specific procedures or provisions des-
cribed in subsection (c) which are necessary fo tailor the general pro-
visions of the Guidelines fo the specific operations of the Agency. A
public agency may also choose to adopt a complete set of procedures
identifying in one publi~ document.all the necessary requirements.
Resolution No. 80-84 has been prepared fo take advantage of the permissive
authority fo adopt the Guidelines by reference.
DISCUSSION
Adoption by reference will assure that the Guidelines are current with existin9
law. If will not require the extensive amendment each year of a 60-page document.
There is little discretion in the implementation of the Act and revisions would be
necessary only for changes in policy pertaining fo administration.
An advantage would be created for developers whereby the EIR requirements would
be standardized and consistent with State law. Adoption of the State Guidelines
would also make it easier for the City fo defend against any litigation of environ-
mental matters.
There is a disadvantage for staff and Council in the necessity to use referenced
documents in the processing of projects rather than identifyin9 all necessary
procedures in one document. The proposed resolution makes no subsfifive changes
in exisfin9 procedures.
RECO/W~ENDED ACTION
It is recommended that Resolufi on No. 80-84 be approved substantially ad drafted.
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RESOLUTION NO. 80-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING GUIDELINES AND PRO-
CEDURES FOR THE IMPLEmeNTATION OF ThE CALIFORNIA
ENVIRONN~ENTAL QUALITY ACT ICEQA)
The City Council of Tusfin, CaliFornia does hereby resolve aS follows:
Section 1:
Policies and procedures for implementation of the California
Environmental Quality Act of 1970 (CEQA) IPublic Resources
Code, Division 13, Chapter 1, et.seQ.) are hereby adopted
pursuant to the requirement of Section 21082.
I. GENERAL
The State Enviornmenfal Impact Report Guidelines (California Ad-
ministrative Code Title 14, Division 6, Section 1500, et, s~o.! and
as hereafter from time fo time amended, are hereby adopted and in-
corporated herein as fully as though set forth in full herein,
together with those specific procedures which are necessary fo
tailor the general, provisions of the State Guidelines to the specific
operations of the City of Tusfin; pursuant fo Section 15050(e).
The specific procedures contained herein are intended to serve as
a working reference guide for the City and not as a substitution
for the State Guidelines. In the event of any inconsistency or
ambiguity, the State Guidelines shall control in all respects.
II. RESPONSIBILITIES
A. Community Development Director
The Communi,y Development Director, hereafter called "Director,"
shall be responsible for performing the administrative and pro-
cedural func, ions required of ,he City in the implemen,afion of
the California Environmental Quality Act (CEQA) and the S,a,e
Guidelines. Delegated functions include but are not limited ,o:
1. Determination of whether a project is exempt.
2. Conduct of an initial study.
3. Preparation of a Negative Declaration or EIR.
4. Determination that a Negative Declaration has been completed
within a period of 105 days.
5. Preparation of responses fo public comments.
6. Certification fhaf the decision-making body has reviewed
and cansidered an EIR or Negative Declaration.
7. Filing of notices.
Coordination and consultation with responsible agencies,
Trustee agencies, and those with expertise in matters of
environmental concern.
B. Planning Agency
The Planning Agency is responsible for:
The review and consideration of a final EIR or Negative
Declaration prior fo the approval of a project within its
approving jurisdiction.
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Resolution No. 80-.84.
page 2.
The making of findings as required by Sections 15088 and
15089 of the Guidelines for those projects within ifs
approving jurisdiction.
The review and consideration of an fIR or Negative Decla-
ration for any project requiring the Planning Agency's
recommendation and report to the City Council.
City Council
The City Council of the City of Tustin is the final authority
for:
The review and consideration of a final EIR or Negative
Declaration prior to approving a project subject fo Council
approval, for all projects on appeal, projects initiated by
the City, and as the Responsible Agency for projects initiated
by other agencies.
The making of findings as required by Sections 15088 and
15089 of the Guidelines for those projects within its ap-
proving jurisdiction,
II. IMPLEmeNTING PROCEDURES
A. Pre-application Determination
Prior to the acceptance of an application for a permit or
discretionary approval of a project by the City of Tusfin, the
Director shall make a determination of the project's environ-
mental status and advise the applicant of the findings.
MINISTERIAL PROJECTS
The Director s~il make a ~indin9 that the following are mini-
sterial proJects exempt from the requirements of CEQA and no
environmental documents are required:
1. Issuance of building permits fo include plumbing, electrical,
mechanical, masonry, framing, and roofing.
2. Issuance of gradin9 permits if:
a. Exempt from the permit requirements of the Uniform
Building Code, or
b. Not in excess of 200,000 cubic yards.
5. Issuance of business licenses.
4. Issuance of entertainment permit.
5. Approval of final subdivision maps.
6. Approval of individual utility service connections and
disconnections.
7. The issuance of street permits within the public right-of-way.
8. Minor variances and use permits within the jurisdictional
authority of the Zoning Administrator,
9. The issuance of sign permits in conformance with the Tusfin
Sign Code and not requiring a public hearing.
Resol ut i on No. 80-84
page 3.
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10. The issuance of animal permits.
11. Administrative and Planning Agency site plan and project
review and approvals not requiring a public hearin9.
C. INITIAL STUDY
Submission of Data. If the project is fo be carried out
by a private person or private organization, the City shall
require such person or organization to submit data and in-
formation which will enable the Director fo prepare the
Initial Study.
Fgr~at. Forms for description of an applicant's project
description and the Director's review shall be those con-
rained in appendices H and I of the State Guidelines.
D. NOTICE AND REVIEW PERIOD
Method of Providing Notice. In addition to the require-
ments and alternatives for public notice as listed in
Sections'lSO83(d) and 15085(d)(2) of the State Guidelines,
public notice shall be given by publication in a newspaper
or by direct mailing at the same time and in the same
manner as a public notice is otherwise required by law for
such project.
2. Review Periods
When a project does not require submission of environ-
mental documents fo the State Clearinghouse, the mini-
mum review period shall be 14 days.
When an EIR or Negative Declaration is submitted fo
the State Clearinghouse for review, the minimum period
shall be 45 days for EIRs and 30 days for Negative
Declarations.
E. ENVIRONMENTAL IMPACT REPORTS
1. Preparation
When determined that an Environmental Impact Report
shall be required the Community Development Director
shall indicate the scope of the required EIR and shall
determine whether the draft EIR may be prepared by the
applicant or shall be prepared at the expense of the
applicant by the City of Tusfin through contract or
staff services.
Applicants for private projects requiring an EIR shall
arrange for ~he preparer of a draft EIR to confer with
the Community Development Director on the content and
format of the document.
The applicant shall cause the required information fo
be submitted to the Community Development Department
for the preparation of an Environmental Impact Report.
do
The Community Development Director shall review the
information for adequacy, prepare an independent
analysis, circulate, and provide notices as required
by CEQA and State Guidelines.
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Resolution No. 80-84
page 4.
Time of Submission. The draft EIR shall be submitted to
the Community Development Department concurrently with
related applications such as a zone change or variance.
Number and Format - Twenty-five (25) numbered copies shall
be furnished fo the City, with printed pages 8 1/2 inches
by 11 inches, and folded map pages at a scale of not less
than 1 inch equals 100 feet, fastened with a binder per-
miffing 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 state
or federal agency, an additional ten (10) copies shall be
furnished.
IV. TI A~E LIMITS FOR PROCESSING APPLICATIONS
The following time limits shall apply to the processing of permit
applications for projects except as modified by Sections 15054.1,
15054.2, and 15054.3 of the State Guidelines:
Sect i on 2:
A defermi'nation by the'Community Deve'lopmehf'D~irector
the environmental status and requirements of a project
shall be made within 30 calendar days of receipt of the
application for a development project. The determination
shall be in writing and transmitted to the applicant for
fha development project. In the event fhaf the appli-
cation is determined not fo be complete, the Cor~nunify
Development Director shall specify those parts of the
application which are incomplete and shall indicate the
manner in which they can be made complete.
Within 45 days after accepting an application for a pro-
jecf whic~,,.has been determined to be complete in accordance
with the City of Tustin Handbook for Planning and Develop-
ment, the Director shall make a determination of whether
the project wilt need an EIR or a Negative Declaration.
5. When the City of Tustin is acting as a Lead Agency for a
project for which the agency will grant a lease, license,
permit, certification, or other entitlement for use, the
City shall complete and certify an EIR in not more than
one year or complete a Negative Declaration in not more
than 105 days.
4. In the event the Cit/ of Tustin as Lead Agency or Responsible
Agency fails fo act fo approve or disapprove a project
within, the required time limits pursuant fo Chapter 4.5 of
Division I of Title 7 oF the Government Code, such failure
to'act shall be deemed approval of the development project
one year after acceptance of a complete project application.
Fees for the processing of environmental documents shall be
as set forth n Resolution No.80-28 or as hereafter amended.
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Resolution No. 80-84
page 5.
Section 3:
Three (3) copies of the Environmental Impact Report Guide-
lines (Administrative Code, Title 14, Division 6, Section 1500,
ft. seo.) shall be maintained on file in the oCfice of the
City Clerk.
PASSED AND ADOPTED at a regu ar meeting of the City Council of the City
of Tusfin, held on the day of , 1980.
ATTEST:
Donald J. Salfarelli
Mayor
Mary E. Wynn
City Clerk