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HomeMy WebLinkAboutCC RES 80-0848 9 :LO 15 3.6 18 19 20 25 2& 25 26 27 28 ~9 ~0 51 52 (' ( 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 ENVlRONMIENTAL QUALITY ACT (CEQA) The City Council of Tustin, California does hereby resolve as follows' Section 1' Policies and procedures for implementation of the California Environmental Qualify Act of :[970 (CEQA) (Public Resources Code, Division 13, Chapter :L, f_e~_~.~.) are hereby adopted pursuant to the requirement of Section 21082. I. GENERAL The State Enviornmenfal Impact Report Gui delines (California Ad- ministrative Code Title 14, Division 6, Section 1500, e.f~. seq.) and as hereafter from time to 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 Sfate Guidelines to the specific operations of the ~ify of Tustin; pursuant fo Section 15050le). The specific procedures contained herein are intended fo serve as a working reference guide for the City and not as a substitution for the State Gui delines. In the event of any inconsistency or · ambiguity, the State Guidelines shall control in ali respects. !1. RESPONSIBILITIES A. ~Cjo.m. mu_n i f y_Deve LOpmen t D i r__ec~p~ The Community Development Director, hereafter called "Director," shall be responsible for performing the administrative and pro- cedural functi.ons required of the City in the implementation of the California Environmental Quality Act (CEQA) and the State Guidelines. Delegated functions include but are not limited to' 1. Determination of whether a project is exempt. 2. Conduct of an initial study. _~.z Preparation of a Negative Declaration or EIR. . Determination that a Negative Declaration has been completed within a period of 105 days. . Preparation of responses fo public'comments. .. Certification that the decision-makin9 body has reviewed and' considered an EIR or Negative Declaration. 7. Fi ling o~ notices, . Coordination and consultation with responsible agencies~ Trustee agencies, and those with expertise in matters of envi ronmenfal concern. B. _P_! _anning ._Agency The ,PI anning ;Ag.ency is responsible for' The review and consideration of a final EIR or Negative Declaration prior fo the approval of a project within its approvin9 jurisdiction. 4 8 10 11 12 14 15 16 17 18 19 ~0 21 2~6 ~8 29 ~0 31 Resolution No, 80- 84. page 2. II!. . The making o¢ ¢indings as requ. ired by Sections 15088 and 15089 o¢ the Guidelines ¢or those projects within ifs approving jurisdiction, , The review and consideration of an EIR or Negative Decla- ration Cot any project requiring the Planning Agency's recornmendafion and report fo the City Council. C. ,C_i_t ¥,_.C q.u nci J, The City Council of the City o¢ Tusfin is the ¢inal auf.horify for- The review and consideration of a final EIR or Negative Declaration prior to approving a project subject to 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 ifs ap- proving juri sdicti on, ;! .bT..P..L..E~NTI,NG_ PROCEDURE S A. Pre-app i:i caf i o.n__ De.f.~.rmi.naf_i on Prior fo 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. B. ~!NISTERIAL PROJECTS. The Director' shall make a finding fhaf the roi lowing are mini- sferial pro.jecCs exempt Crom the requiremenCs o¢ CEQA and no environmental documents are required' . Issuance of building permits fo include plumbing, electrical, mechanical, masonry, framing, and roofing, . Issuance of grading permits if' a, Exempt from the permit requirements of the Uniform Bui Idin9 Code, or b. Not in excess of 2OO,OOO cubic yards. . , Issuance of business licenses. Issuance of entertainment permit, 5. Approval oF final subdivision maps. Approval of individual utility service connections and disconnecf ions. . . 9, The issuance of street permits within the public right-of-wa¥. Minor variances and use permits within the jurisdictional authority of the Zonin9 Administrator. The issuance of sign permits in conformance with the 'Tusfin Sign Code and not requirin9 a public hearin9. i .....i ......... ! ..... Il ........... I I 5 6 8 iLO 3_1 : 15 3.6 18 19 20 2~ 2~ 25 26 27 28 51 52 ( Resoluf i on No. 80-84 p age 3. Gl D. e · 10. The issuance of animal permits. 11. Admi. nistrafive and Planning Agency site plan and project review and approvals not requiring a public hearing. J N! TIAL $.TUDY . .S_u.,bmiss_i.qQ _gl_ Data. I ¢ the project i s to be carried out by a private person or private organizafion~ the City shall require such per son or or ganization fo submit data and in- formation which will enable the Director fo prepare the Initial Study. For__Q~/Ii~.t. Forms f or descr i p t i on o¢ an app I i cant ' s project description and the Director's review shall be those con- rained in appendices H and I o¢ the State Guidelines. .N_OTIC. E. ,AND. ,REV IE,W,, PER I__.OD__ ~e.,thOdlO_~ .Provi..d~g _Not_ice. In addition to the require- menfs and alternatives for public notice as listed in Sections 15083(d) and 15085(d)(2) of the State Guidelines, public notice shall be given by publication in a newspaper or by direct mailing af the same time and in the same manner as a public notice is otherwise required by law for such project. · 2. _.R...e_v i ew Per=i od~ ae When a project does not require submission o¢ environ- mental documents to the State Clearinghouse, the mini- mum review period shall be :14 days. b . 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 Dec l araf ions. ENV.I_RO_,_N.ME_NTAL~ ! .M_BAC_T .... REP__0RTS ae 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 ma,,/ be prepared by the applicant or shall be prepared at the expense ot: the · applicant b¥,.fhe City of Tusfin through contract or sfaCf services. b · Ci Applicants for private projects requiring an EIR shall arrange for the preparer of a draft EIR fo confer with the Community Development Director on the content and t:ormaf ot: the document. The applicant shall cause the required information to be submitted fo the Community Development Department for the preparation of an Environmental Impact Report. al The Cornmunify Development Director shall review the information for adequacy, prepare an independent analysis, circulate, and provide notices as required by CEQA and State Guidelines. t 4 5 ! 6 ~ 8 9 10 3.9 ~0 ~5 24 25 26 '28 2,9 50 5_'1 Resolution No. 80-84 p age 4. 2~ .T.i~me:o~Submissi__o_n.. The draft EIR shall be submitted fo the Community Development Department concurrently with related applications such as a zone change or variance. Number_ and .Fgrm_af~ - Twenty-five (25) number ed copies shall be furnished fo the City~ with printed pages 8 1/2 inches by :L1 inches, and fol.ded map pages at a scale of not less than I inch equals lO0 feet, fastened with a binder per- miffing the insertion o~ supplementary pages, bound by a firm cover and labeled with the name o/: the project. In those instances where approval is required of a state or federal agency~ an additional ten 110) copies shal ! be furni shed. IV. T_IA~_ LI~I?S?OR::PB:O_.CESSI_N.,,G_, A?._P,..Li¢_A__T_I.O.,NS~ The following time limits shall apply to the processing of permit applications for projects except as modified by Sections ~L5054.1¢ 15054.2, and':L5054.3 of the State Guidelines' i A defer.~ninafion' by the'Community Devel.opmehf 'D:irecfor Of the environmental status and requirements o¢ 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 the d.evelopment project. In the event that the appli- cation is determined not fo be complete, the Community Development Director shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. 1 Within 45 days after accepting an application For a pro- jecf which~has been. determined fo be Complete in accordance wi fh the City o¢ Tust in Handbook for Planning and Develop- merit, the Director shall make a determination of whether the project will need an EIR or a Negative Declarafi.on. When the City of Tustin is acting as a Lead Agency for a project for which the agency wi il grant a lease, license, permi f, cerfificafion, or other enfiflemenf 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. Sect i on 2' e In the event the City of Tusfin 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 ~L of Title 7 o~: the Government Code, such failure fo act shall be deemed approval of the development project one year after acceptance of a complete project application. Fees for- the processing o,~ environmen~a'! documents shall be as set forth in Resolution No.80-28 or as hereafter amended. 1 5 '6 8 lO 11 l& 15 16 Resolution No. 80- 84 page 5. Section 3: Three (3) copies of the Environmental Impact Report Guide- lines (Administrative Code, Title :[4, Division 6, Section 1500, :et ..... seQ.) shall be maintained on file in the o¢¢ice o¢ the C i fy CIerk. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tusfin, held on the 18th day of August, 1980. , RICHARD B, 'EDG~P. ' ,7" MAYOR PRO TEM ATTEST: Ci fy CIerk ' 18 19 20 21 22 25 26 27 28 ~0 51 52 STATE OF CALIFORKIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole nun~er of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. · 80-84 was duly and regularly introduced, passed and adopted at a regular meeting"~f the City Council held on the 18th_ ~day of August , 1980 by the following vote: AYES : COUNCI L.~0~ E.D~GAR, HOEST.ERE. Y, SHARP, · ~KEN..N. EDY ....... . ..... NOES : COUNCtI2.:EN · NONE ABSENT- COUNCI L..'-~E r..~ · SALTARELLI MARY E. ~'UYNN', C~.ty Clerk~ City of Tustin, California'