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HomeMy WebLinkAboutCC RES 78-484 6 8 9 10 11 15 16 17 I8 19 ~0 21 ~4 25 26 ~? RESOLUTION NO. 78- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING RESOLUTION NO. 77-122 AND ADOPTING AMENDED GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Whereas the Secretary for Resources, as required by Section 21083 of the Public Resources Code, has adopted Amendments to Guidelines for Environ- mental Impact Reports, effective March 4, 1978, and public agencies are required to bring their implementing procedures into conformity with t~e amended Guidelines, and Whereas AB884, Chapter 1200 of the Statutes of 1977, effective January 1, 1978, requires local agencies to adopt procedures and time limits for the processing of environmental documents. Now therefore, the City Council of the City of Tustin resolves as follows: A. Appendix A - Environmental Policy Guidelines, Resolution No. 77-122 of the City Council of the City of Tustin, adopted on November 21, 1977, is amended as follows: . 1. Section 5.6.5 is added to read: 5.6.'5 Decision Making Body. Any person or group of people within a public agency permitted by law to approve or disapprove the project at issue. 2. Section 5.15 is amended to read: 5.15 Jurisdiction by Law. a. Jurisdiction by Law means the authority of any public agency to: (1) grant a permit or other entitlement for use- (2) provide ftu~ding for the project in question, or (3) exercise authority over resources which may be affected by the project. b. A city or county will have jurisdiction by law with respect to a project when the city or couDty having primary jurisdiction ' over the area involved is the site of the project, the area in which the major environm.ental effects will occur, and/or the area in which reside those citizens most directly concerned by any such environmental effects. 3. Section 5.16 is amended to read: 5.16 L_ea..d Agency_. Lead Agency means the public agency which has the principle responsibility for carrying out or approving a project. The Lead Agency will prepare the environmental documents for the project either directly or by contract. Criteria for determining which agency will be the Lead Agency for a project are contained in Sect ion 7.9. 8 9 I0 II 15 14 15 16 17 18 19 20 24 26 28 ~0 4. Sect ion 5.24.5 is added to read.. 5.24.5 Notice of Preparation. A brief notice sent by a Lead Agency by certified mail to notify the Responsible Agencies that the Lead Agency plans to prepare an EIR for the project. The purpose of th notice is to solicit guidance from the Responsible Agencies as t~~:'~''' the scope and content of the environmental information to be included in the EIR. A sample form is shown by Exhibit A-7. 5. Section 5.28 is amended to read: 5.28 ResPonsible Agency. Responsible Agency means a public agency which proposes to carry out or approve a project, for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term "responsible agency" includes all public agencies other than the lead agency which have discretionary approval power over the project. 6. Section 6.2 is amended to read: 6.2 Private Persons and Agencies. Individuals and agencies requestin~'.~, permit or approval of a project subject to CEOA are responsible '' the submission of information in the form and content as required by the Community Development Director, and these guidelines for an Initial Study, Negative Declaration, or draft Environmental Impact Report. 7. Section 6.3 is amended to read: 6.3 Community Development Director. The Community Development Direc~.t. of the City of Tustin is responsible for the following functions a. Determination of whether a project is exempt from the require-- men ts of CEQA. b. The conduct of an initial study. c. Determination of the requirements for a full EIR or Focused E! . d. The preparation of a Negative Declaration or EIR. e. The preparation of responses to public continents. f. Coordination with Responsible Agencies. g. Certification that the decision making .body has reviewed and considered an EIR or Negative Declaration. h. Filing of Notices. i. Administration and custody of environmental documents. 8. Section 6.4 is amended to read: 6.4 _Plannin. g~Agency_. The City of Tustin Planning Agency is responsi for: a. The review and consideration of a final EIR or Negative Declar~. tion prior to the approval of a project within its jurisdiction. b. The making of findings as required by Sections 9.57 and 9.58. c. The review and consideration of an EIR or Negative Declaration for any project requiring the Planning Agency's recommendation and report to the City Council. 8 10 11 12' 15 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 29 ~0 ~2 9. Section 6.5 is amended to read: 6.5· Ci~ty council. The City Council of the City of Tustin is the final authority for: a. The review and consideration of a final EIR or Negative Declara- tion prior to approving a project subject to Council approval, for all 'projects on appeal, and for projects initiated by the ~ City. b. The making of findings as required by Sections 9.57 and 9.58. 10. Section 7.7 is amended to read: b. When an EIR is required by CEQA and a federal EIS has been or will be prepared for the same project,, all or any part of the EIS may be used as all or any part of the EIR if the EIS or part used complies with these Guidelines. In cases where a federal EIS is used, discussion of mitigating measures, growth- inducing impact, and energy conservation will have to be added or supplemented if the EIS does not include an adequate dis-- cussion of these elements. c. When a project requires both an EIR and an EIS, the Lead Agency shall whenever possible, use the EIS as the EIR as provided in subsection (b) . d. If the Lead Agency finds that an EIS for a project would not be prepared by the Federal .Agency by the time when the Lead · Agency will need to consider an EIR, the Lead Agency should try to prepare a combined EIR-EIS. To avoid the need for the federal agency to prepare a separate document for the same project, the Lead Agency must involve the federal agency in the. preparation of the EIR-EIS. This involvement is necessary because federal law generally prohibits a federal agency from using an EIR prepared by a state or local agency unless the federal agency was involved in the preparation of the document. e. When it plans to use an EIS or prepare a joint EIR~.EIS, the Lead Agency shall consult as soon as possible with the agency that would prepare the EIS. f. Where a project will be subject to both CEQA and the National Environmental Policy Act, the one year ~ime limit and the 105 day time limit may be waived pursuant to Section 2, Appendix C, of these guidelines and Section 15054.2 of the CEQA Guidelines. g. Where the federal a~ency circulated the EIS for public review as broadly as state or local law may require and gave notice meeting the standards in Section 15085(d) of the CEQA Guideline. the Lead Agency under CEQA need· not recirculate the EIS for public review. The Lead Agency shall give notice that it will use the EIS in the place of an EIR and that it believes that the EIS meets the requirements of CEQA. a. ~ere ia project is to be ciarried out: or approved by moro than one public agency, one public iagenc¥ shall be responsible for propariation of environmential documents, and it w£11 bo the Lead' Agency. Such environmental documents will be prepiared by the 11. Section 7.8 is amended to read: 7.8 L_e_ad Agency ~rinciple Lead Agency in consultation with all responsible agencies. q l' 8 10 11 15 14 15 16 17 18 19 ~0 ~4 ~5 ~6 ~8 ~9 ~0 b. The Lead Agency's environmental documents shall be the environ- mental documentation for all responsible agencies. Except as provided in Section 15069.5(c)~ CEQA Guidelines, such 'res- ponsible agencies shall consider the Lead Agency's EIR or Neg~.'~"; Declaration prior to acting upon or approving the projects, a~ they shall certify that their decision-making bodies have reviewed and considered the information contained in them. c. The determination of the Lead Agency of whether to prepare an environmental impact report or a negative declaration shall be final and conclusive on all persons, including Responsible Agencies, unless- 1. The decision is challenged as provided in Section 21167 Of the Public Resources Code, or 2. Circumstances change as provided in Section 15067 of the CE~ Guidelines. d. When the Planning Agency has the authority to approve a projec.~ subject to appeal to the City Council, the Planning Agency sh' review and consider the EIR. When an appeal is filed with City Council, the Council shall also review and consider the EIR before deciding an appeal from a decision on the project. 12. Section 7.9 is amended to read: 7.9 Designation of Lead Agency d. Where the provisions of subsection a, b, and c leave two or mor~' public agencies with a substantial claim to be the Lead Agenc¥~ the public agencies may by agreement, designate which agenc.~ will be the Lead Agency. An agreement may also provide for cooperative efforts by two or more agencies, joint exercise ~_ powers, or similar devices. e. (Repealed) 13. Section 7.9.3 is added to read: 7.9.3 Shift in Lead Agency Responsibilities. a. Where a'Responsible Agency is called on to grant an approval ",'.'.~ a project subject to CEQA for which another public agency w~'~' the appropriate Lead Agency, the Responsible Agency shall be~-3 '. to act as the Lead Agency when any of the following conditiol~:. occur: 1. The Lead Agency did not prepare any environmental documents for the project, and the statute of ].imitations has expired for a challenge to the action of the appropriate Lead Agent' 2. The Lead Agency prepared environmental documents for the project, but the following conditions occur: (a) A subsequent EIR is required pursuant to Section 15' of the CEQA Guidelines ........ (b) The Lead Agency has granted a final approval for t project, and (c) The statute of limitations for challenging the Lead Agency's action under CEQA has expired. 3. The Lead Agency prepared inadequate environmental documents without consulting with the Responsible Agency as required by Section 15066 of the CEQA Guidelines and the statute limitations has expir.ed for a challenge to the action of · the appropriate Lead Agency. 4 10 11 15 14 15 16 17 18 19 ~0 ~6 ~? 29 ~0 b. %9]en a Responsible Agency assumes the duties of a Lead Agency under this section, the time limits applicable to a Lead Agency shall apply to the act ions of the agency. 14. Section 7.10 is amended to read: a. (2) If an agreement cannot be reached, any public agency, or in the case of a project described in subdivision (c) of Section 21065 of the Public Resources Code, the applicant for such project may submit the dispute to the OPR for resolution. 15. Section 7.11 is amended to read: 7.11 Consultation with Responsible Agencies. a. When more than one public agency will be involved in under- taking or approving a project and the City of Tustin is the Lead Agency, the Community Development Director shall consult with all Responsible Agencies (i.e., all other agencies carryin(. out or approving the project) before completing a draft EIR or adopting a Negative Declaration. Consultation is designed to insure that the EIR or Negative Declaration will reflect the concerns of all Responsible Agencies which will issue approvals for the project. b. Prior to determining whether a negative declaration or environ-. mental impact report is required for a project, the Community Development Director sha.ll consult with all Responsible Agencie. This first step of consultation may be done quickly and informa' c. Immediately after deciding that an environmental impact report. is required for a project, the Community Development Director shall send to each Responsible Agency by certified mail a Notice of Preparation stating that an environmental impact report will be prepared. This notice shall also be sent to eve federal agency involved in'approving or ftu~ding the project. 1. The Notice of Preparation shall provide the Responsible Agencies with sufficient information describing the project and the environmental effects to enable the Responsible Agencies to make a meaningful response. At a minimum, the information should include: (a) Description of the project, (b) Location of the project, and (c) Probable environmental effects of the project. ... 2. A sample formae for a Notice of Preparation is shown by ' Exhibit A-7. A' Cbpy of the initial study' may be sent with the notice to supply the necessary information. 3. The Lead Agency may begin work on the draft EIR immediately without awaiting responses to the Notice of Preparation. The draft EIR in preparation may need to be revised or expanded to conform to responses to the Notice of Preparatic · d. After receiving the Notice of Preparation under subparagraph (c: each Responsible Agency shall provide the Lead Agency with spec. fic deta. il about the scope and content of the environmental information related to the Responsible Agency's area of statutory responsibility which must be included in the environ-.. mental impact report. · 8 10 11 e. In order to expedite the consultation, the Lead Agency, a Responsible Agency, or a project applicant may request one or more meetings between representatives of the Agencies involve~ to assist the Lead Agency in determining the scope and conten of the environmental information which the Responsible Agency may require. Such meetings shall be convened by the Lead Ac_. .... as soon as possible, but no later than 30 days, after the meetings were requested. f. After completing the draft EIR or Negative Declaration, the Leadl Agency shall also consult with and seek to obtain comments from each Responsible Agency and other public agencies having jurisdiction by law and should consult with persons having special expertise as described in Sections 15083 and 15085. g. When one or more state agencies will be a Responsible Agency, Lead Agency shall send a Notice of Preparation by certified mail to each state Responsible Agency with a copy to the Stat~ Clearinghouse in the Office of Planning and Research. The State Clearinghouse will ensure that the state Responsible Agencies reply to the Lead Agency within the required time. 16. Section 7.12 is amended to read: 7.12 Subsequent EIR. 14 15 16 18 a. Where an EIR or Negative Declaration has been prepared, no additional EIR need be prepared unless: 1. Subsequent changes are proposed in the project which wil~ require major revisions of the EIR, due to the involvem~. of new environmental impacts not considered in a previo%. EIR on the project, or 2. Substantial changes occur with respeCt to the circumstances under which the project is undertaken, such as a substantia~ deterioration in the air quality where the project will be located, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in a previous EIR, or 3. New information of substantial importance to the project becomes available, and 24 ~5 ~6 ~8 29 ~0 (a) The information was not known and could not have bec? known at the time the '2IR.was certified as complete o the Negative Declaration was adopted, and (b) The new information shows any of the following: (1) The project will have one or more significant effects not discussed previously in the EIR, (2) Significant effects previously examined will be more severe than shown in the EIR. (3) Mitigating measures or alternatives previously found not to be feasible would in fact be fea.~'~ and would substantially reduce one or more significant effects of the project, or (4) Mitigating measures or alternatives which wer~ previously considered in the EIR would substan. lessen one or more significant effects of the environment. b. If the EIR or Negative Declaration has been completed but the project has not yet been approved, the Lead Agency shall prep~.~' or cause to be prepared the subsequent EIR before approving the project. 4 6 8 10 14~ 15 ,! :. ~0 :51 c. If the project was approved prior to the occurrence of the .~ conditions described in Subsection (a), the subsequent EIR shall be prepared by the public agency which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project! until the subsequent EIR has been completed. 17. Section 7.17 is added to read: 7.17 Master Environmental Assessment a. General. A Master Environmental Assessment (MEA) may. be prepared by the City of oTustin as an inventory or data base for all or portions of the City. Upon adoption by the City Council, the information contained within the ~4aster Environmental Assessment may be used or referenced in EIRs or Negative Declarations. b. Contents. A Master Environmental Assessment may contain an inventory of the physical and biological characteristics of the, area and such other data as may be useful or necessary to ~ describe the environmental characteristics of the area. i c. Uses. The following are authorized uses of a Master Environ- mental Assessment: 1. Identification of environmental characteristics and con- straints of an area. 2. Basis of determination in initial studies to decide if a project will have significant effects. 3. A reference docuraent of current information for use in preparing individual EIRs and Negative Declarations. 4. Information for reference and summarization in EIRs and Negat.~ ve Declarations. 5. Identification of long range, area wide, and cumulative impacts of individual projects proposed in the Tustin area. 6. A background document for general plan,' elements, or amendments, identifying environmental characteristics and constraints. 7. A reference document for the assistance of Responsible Agencies in reviewing projects within the Tustin area, with copies of the document being furnished to each agency which will review projects within the area. 18. Section 8.8 is added to read: 8.8 Disapproved Projects a. CEQA does not apply to projects which a public agency rejects or disapproves. b. An applicant shall be required to pay the costs for environ- mental assessment of the proposed project prior to the Lead Agency's consideration and disapproval. 19. Sect ion 9.2 e. is added to read: e. Consultation. As soon as the Community Development Director has determined that a project is not exempt and that an initial study will be required to determine whether a Negative Declara- . tion or an EIR is required, the Community Development Director shall consult with all Responsible Agencies. 4 8 10 15 16 17 18 19 ~0 ~6 £8 ~0 20. Section 9.4 a. is amended to read: a. Consultation. Before completing a Negative Declaration, the Community Development Director shall consult with all Responsi? Agencies. This consultation may take place during the public review period prior to the adoption of the Negative Declarat.'.'-~'~ by the decision making body. 21. Section 9.4 d. is amended to read: 1. After approval by the Planning Agency or City Council of a · project for which a Negative Declaration has been prepared, the Community Development Director shall file a Notice of Determination with the Clerk of Orange County. If the project requires discretionary approvals from a State agen'c:~: the notice shall also be filed with the Secretary of Resources. 2. The Notice of Determination shall include: (a) The decision of the agency to approve the project. '(b) The determination of the Agency whether the project will have a significant effect on the environment. (c) A statement that no EIR has been prepared pursuant to the provisions of CEQA. (d) The address where a copy of the Negative Declaration may be examined. 3.. The filing of a Notice of Determination with the County Clerk or Secretary for Resources starts a 30-day statute limitations on court challenges to the approval under CE.O.-~.~ 4. A copy of the form for a Notice of Determination for a project granted a Negative Declaration is provided by Exhibit A-4. 22. Section 9.54 b. (1) is amended to. read- bo _E.a,r ly consultation. 1. After determining that an EIR will be.required for a project, the City shall send a Notice of Preparation to eat'! Responsible Agency and .consult with Responsible Agencies. 2.3. Section 9.54.5 is added to read: .9.54.5 Process for A Responsible Agencyo a. General. A Responsible Agency complies with CEQA by considering documents prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project involved. This section identifies the special duties a public agency will have when acting as a Responsible Agency. bo ReSponse to Consultation. A Responsible Agency shall respond ~ consultation by the Lead Agency in order to assist the Lea~?. Agency in preparing adequate environmental documents for the project. By this means, the Responsible Agency will ensure ~ the documents it will use will comply with CEQA. 1. In response to consultation', a Responsible Agency shall- explain its reasons for recommending whether the Lead Agency'. should prepare an EIR or' Negative Declaration for a project. ' Where the Responsible Agency disagrees with the Lead Agent'." proposal to prepare a Negative Declaration for a project, '''' ",' 4 8 9 I0 16 18 19 ~0 £6 £8 $0 Responsible Agency should identify the significant environ- mental effects which it believes could result from the pro-~ ject and recommend either that an EIR be prepared or that the project be modified to eliminate the significant effect~-- 2. As soon as possible, but not longer than 45 days after receiving a Notice of Preparation from the Lead Agency, the K~sponsible Agency shall send a written reply by certified mail. The reply shall specify the scope and content of the environmental information which would be germane to the Responsible Agency's statutory responsibilities in con- nection with the proposed project. The Lead Agency shall include this information in the 'EIR. c. Meetings. The Responsible Agency shall designate employees, or representatives to attend meetings requested by the Lead Agency to discuss the scope and content of the EIR. d. Comments on Draft EIRs and Negative Declarations. A Responsibl Agency should review and comment on draft EIRs and Negative Declarations for projects which the Responsible Agency would later be asked to approve. Comments should focus on any short-- comings in the EIR, the appropriateness of using a Negative Declaration, or on additional alternatives or mitigation meas- ures which the EIR should include. The comments may deal with any aspect of the project or its environmental effects. e. Decision on Adequacy of EIR or Negative Declaration. If a Responsible Agency believes that the final EIR. or Negative Declaration prepared by the Lead Agency is not adequate for usc by the Responsible Agency, the Responsible Agency must either: 1. Take the.issue to court within 30 days after the Lead Agenc~ files a Notice of Determination, 2. Be deemed to have waived any objection to the adequacy of the EIR or Nec~ative Declaration, or 3. Prepare a subsequent EIR if permissible under Section 1506~ of the CEQA Guidelines. f. Consider the EIR or Negative Declaration. Prior to reaching a decision on the project, the Responsible Agency must consider the environmental effects of the project as shown in the EIR or Negative Declaration. A new or supplemental EIR can be prepare~ only as provided in Section 15067 of the CEQA Guidelines. g. Adoption of Alternativ.es~?r Mitigation~ M. easures. When an EIR has been prepared for a project, the Responsi~bl~"Agency shall no< approve the project as proposed if the agency finds any feasible alternative or feasible mitigation measure within its powers that would substantially lessen any significant effect theproje~! wou].d have on the environment. When considering alternatives and mitigation measures, a Responsible Agency is more limited than a Lead Agency. In deciding whether to carry out, finance r or approve aproject, a Responsible Agency has responsibility for mitigating or avoiding only the environmental effects of those activities which are within the scope of its statutory authori? h. Findings. The Responsible Agency shall make the findings required by Section 15088 for each significant effect of the project and shall make the findings in Section 15089 of the CEQA Guidelines, if necessary. i. Notice of Determination. The Responsible Agency should file Notice of Determination in the same manner aba ~.ead Agency undo! Section 15083(f) or 15085(h) of the CEQA Guidelines. 24. Section 9.58 is amended to read: 2 a. Where the decision of the public agency allows the occurrence significant effects identified in the final EIR without mitiga tion, the agency must state in writing the reasons to support its actions based on the final EIR and. other information in tt~... record. ~. b. If the City makes a statement of overriding consideration,, t: statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. 25. Section 8.4 u. is added to read: 8J u. Class 21: Enforcement Actions by Regulatory Agencies. 10 '14 16 17 1. Class 21 consists of actions by regulatory agencies to · enforce or revoke a lease, permit, license, certificate, ori other entitlement for use issued, adopted or prescribed by the regulatory agency or law, general rule, standard, or objective, administered or adopted by the regulatory agen," Such actions include, but are not limited to the followin..' (a) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a : general rule, standard, or objective to the Attorney .~ General, District Attorney, or City Attorney as appropriate, for judicial enforcement. (b) The adoption of an admin.i, strative decision or order '" enforcing or revoking the lease, permit, license, cer... tificate, or entitlement for use or enforcing the general rule, standard, or objective. 2. Construction activities undertaken by the public agency taking the enforcement or revocation action are not inci~_e' in this exemption. 19 26. Section 8.4 v. is added to read: 2O 21 22 ~4 25 26 ~8 29 ~0 ~2 v. Class 22: Education or Training Programs Involving No Phys~.~.; .... Changes. Class 22 consists of the adoption, alteration, or termination of educational or training programs"which' involve.?; no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited ~... 1. Development of or changes in curriculum or training method'..,:. 2. Changes in the grade structure in a school which do not result in changes in student transportation. 27. Section 8.4 w. is added to read- w. Class 23: Normal Operations of Facilities for Public Gatherinc - ~ _ Class 23 consists of the normal operations of existing faciliti, for public gatherings for which the facilities were designed,. where there is a past history of the facility being used for same kind of purpose. Facilities included within this exem]. ........ include, but are not limited to racetracks, stadiums, conve~ centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. 4 8 10 11 16 18 19 ~0 ~4 ~5 ~8 ~9 ~0 28. Section 8.4 x. is added to read: x. Class 24: Requlat ion of Working Conditions. Class 24 consists Of-acti~ns-~taken' by regulatory agencies, including the Industrial Welfare Co~.unission as authorized by statute, to regulate any of the following: 1. · Employee wages, 2. Hours of work, or 3. Working conditions where there will be no demonstrable physical changes outside the place of work. 29. Section 8.5 c. 2. is amended to read: 2. Where an EIR has been prepared for a general plan, element, or amendment thereto, the Community Development Director shall forward the EIR to the State Clearinghouse for review. 30. Section 9.55 f. is amended by adding to read: f. Copies of a draft EIR or Negative Declaration for projects deemed to be of statewide, regional or areawide significance shall be submitted to the State Clearinghouse and/or the Southern California Association of Governments, as follows- 1. A proposed local general plan, element, or amendment thereof for which an EIR was prepared. 2. 'A project which would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres. 3. A project which would interfere with the attainment of State or national air quality standards including but not limited to: (a) A proposed residential development of more than 500 dwelling units. (b) A proposed shopping center or business establishment employing r..ore than 1,000 persons or encompassing more than 500,000 square feet of floor space. (c) A proposed co~.ercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. (d) A proposed hotel/motel development of more than 500 rooms. (e) A proposed industrial manufacturing or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area. 4. A project located in and substantially impacting on an area of initial environmental sensitivity for which an EiR was prepared. 5. A project which would substantially affect sensitive wild- life habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for rare an endangered species as defined by Fish and Came 903. 6. A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste water management plan. 3 4 8 9 ~0 12 13 15' 16 17 18 19 20. 21 22 24 25~ ~6 27 28 29 30 31. 32 B. Appendix C - Environmental Policy Guidelines, Resolution No. 77--122 of the . City Council of the City of Tustin, adopted on November 21, 1977, is ~ amended to read as follows: , APPENDIX C PROCEDURES AND FEES The procedures as herein outlined shall be applied by the City of Tustir. in the implementation of the California Environmental Quality Act. ,. 1. Pre-Application Determination Prior to the acceptance of an application for a permit or discretionary approval of a project from the City of Tustin, the Community Development Director shall make a determination of the project's environmental status and shall find that the project is: a. Not covered by the requirements set forth in CEQA. b. Categorically exempt on the basis that the project is included 'within a class determined by the Secretary of Resources not to have a signi--. ficant effect upon the environment. c. A ministerial project that is exempt from the requirements of CEQA. d. An Initial Study is required to determine the environmental status of the project. e. The project will clearly have a significant effect upon the environ-- ment and an EIR shall be prepared. 2. Time Limits for Processing Applications a. A determination by the Community Development Director of the environ- mental 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 the development project. In the event that the application is determined not to 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. b. Upon the determination that an application for a project is complete in accordance with the City of Tustin. Handbook for Planning and Deve~.' ment, the Community Development Director shall: 1. Within 45 days after accepting a comFlete application for a project involving issuance of a lease, permit, license, certificate, or other entitlement for use, the Community Development Director shall · make an initial determination of whether the project will need an EIR or a Negative Declaration. c. When a project qualifies for a Negative Declaration, the decision-maki~" body shall adopt a Negative Declaration in not more than 105 days the date'of accepting a complete application. d. When a project reouires an Environmental Impact Report, the EIR sha. be completed and certified by the decision making body in not more one year from the date of accepting' a complete application. When the applicant submits a draft EIR, an application will not be considered as complete until review and acceptance of the draft EIR for compliance with Appendix "B" of these Guidelines. 4 8 10 15 16 17 18 19 ~0 ~4 ~5 ~6 ~8 ~9 ~0 e. The one year time limit for certification of an EIR and the 105 day period for adoption of a Negative Declaration may be waived pursuant' to Sect,.on 15054.2(b) of the CEQA Guidelines with the consent of the applicant, and for projects requiring both an EIR and EIS. f. In the event that a lead agency or a responsible agency fails to act to approve or disapprove a project within the time limits required herein, such failure to act shall be deemed approval of the develop- ment project, pursuant to Section 65956 of the Government Code. 3. Ini~tia! Study Requi~rement..s a. When an Initial Study is required for a private project, the applicant ~ shall furnish the information specified on the Initial Study Form (A-2) b. The Community Development Director shall review the information pre- sented and shall make a determination that the project is subject to the following findings: 1. An Environmental Impact Report shall be required. 2. A Focused EIR shall be required. 3. The project qualifies for a Negative Declaration. 4. A Negative Declaration may be granted upon the agreement to provid(. mitigating measures to eliminate significant impacts upon the envi r onmen t. 4. Consultation a. When more than one public agency will be involved in undertaking or approving a project, the Community Development Director shall take the following actions: . 1. Prior to determining whether an Initial Study, negative declaratio~ or EIR is required for a project, quick and informal consultation shall be made with all Responsible Agencies. 2. Immediately after deciding that an EIR is required for a project, the Community Development Director shall send to each Responsible Agency by certified mail, a Notice of Preparation stating that an EIR will be prepared. The notice shall also be sent to every fed- eral agency involved in approving or funding the project. When on or more state agencies will be a Responsible Agency, a Notice of Preparation shall be sent by certified mail to each state Responsible Agency and to the State Clearinghouse. 3. Prior to completing a draft EIR or adopting a Negative Declaration consultation shall be made with all Responsible Agencies. The City of Tustin, a Responsible Agency, or a Uroject applicant may request one or more meetings between representatives of the involved agencies to assist in determining the scope and content of environmental information required by the Responsible Agency. The Community Development Director shall convene such requested meeting not later than 30 days from the date of the request. b. Prior to completing the draft EIR, the Community Development Director shall consult directly with any person or organization he believes wilp be concerned with the environmental effects of the project. c. Upon completing the draft EIR or Negative Declaration, the Community Development Director shall consult with and seek to obtain comments from each Responsible Agency, agencies having jurisdiction by law, and persons having special expertise in related areas. 5. Public Notices Upon the preparation of a Negative Declaration or Environmental Impact Report, the Community Development Director shall provide notices as required by CEQA and these guidelines. 4 8 10 15 16 17 18 19 ~0 ~5 ~8 ~9 ~0 6. Environmental Impact Reports a. 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 prepareC by the applicant or shall be prepared at the expense of the applicant by the City of Tustin through contract or staff services. b. Applicants for private projects requiring an EIR shall arrange for t preparer of a draft EIR to confer with the Community Development Director on the content and format of the document. c. The applicant shall cause the required information t© '.be sut~mitted to the Community Development Department for the preparation of an Environ-. mental Impact Report. d. The Community Development Director shall review the information for adequacy, prepare an independent analysis, circulate, and provide notices as required by CEQA and these guidelines. 7. Public Projects The Community Development Director shall prepare or cause to be prepared all documentation and processes required by CEQA for public projects, including annexations and general plan elements. 8. Council and Planning Agency Review a. Project proposals and communications to the Planning Agency or City Council from a department related to a project shall contain a separate paragraph identifying its CEQA status as follows: 1o That the project is categorically exempt from CEQA. 2. That a Negative Declaration was prepared for the project. 3. That a Draft Environmental Impact Report has been prepared and is (is not) recommended for certification. 4. That the City is not the Lead Agency and that the final EIR was certified by the appropriate agency. 5. That an EIR has been prepared in relation to the project to serve multiple or subsequent projects and the draft EIR is (is not) mended for certification. 6.That an EIR has been certified for an earlier underlying project~. 7. That the project will require satisfaction of CEQA prior to appr". by the legislative authority. b. Council, Planning Agency and License and Permit Board agendas shall show for each item on the agenda, one of the following- {] NO potential for physical change of environment Categorically Exempt from CEQA Negative Declaration Environmental Impact Report 9. Recording of Environmental Statu_s_ The Community Development Director shall file a statement with the Coun~..~ Clerk on or about the first of each month, setting forth the CEQA deter- mination made on each agenda item for the preceeding month. 4 6 8 10 11 15 16 18 19 ~0 ~4 ~8 ~0 10. Certification of the EIR Certification of an EIR by the Planning Agency or City Council shall be by Resolution, stating the reasons for. approval of a project where significant effects have been identified in the EIR. 11. Flow Chart and Checklist of Procedures The Community Development Director shall prepare a flow chart and checklist of procedures to assure the timely and complete compliance with the California Environmental Quality Act and the Guidelines for its implemen- tation. 12. Fees Fees for the processing of environmental documents required for private projects shall be as follows: a. Categorical Exemptions - No fee b. Ministerial Projects - No fee c. Exempt Projects d. Initial Study Review and Negative Declaration e. EIR Review - No fee - $100.00 - $250.00 fo Preparation of Draft EIR by City of Tustin - Direct costs with deposit required in in amount of $40.00 per hour for estimate¢ preparation time. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California on the 3rd day of April, 1978. ATTEST: ~"-C ITY CLERK dpj: 3/29/78 NOTICE OF PREPARATION TO: FROM: · . o o · -~ .......... i kddr~ s-S-) SUBJECT: Notice of Preparation of a Draft Environmental Imp. act Report will be the Lead Agency and will prepare an enVironmentai 'impa'c't reporaL for ~he project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the probably environmental effects are contained in the attached materials. A copy of the Initial Study ( ) is, ( ) is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 45 days after receipt of this notice. o Please send your response to at the address shown above. We will need the name for a contact person in your agency. PROJECT TITLE: PROJECT APPLICANT, IF ANY: DATE: Signature Title: Telephone- Reference: California Administrative Code, Title 14, Sections 15035.7, 15054.3, 15066. EXlIIBIT A-7 STATE OF CALIFOP~]IA) COUNTY OF OIL%:'GE )SS CITY OF TUSTIN ) RUTI! C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole.num~ber of the members of the City Council of the City. of Tustin is five; that the above and foregoing Resolution No. 7~-.~ _was duly and regularly introduced, read, passed ~nd 'adop'~ed at a regular meeting of tl~e City Council held on the_ 3rd .... __ day of_ .... A~ril_ ..... 1978, by the following vote- WELSH, SCHUSTER, SALTARELLI, SHARP, KENNEDY AYES: COUNCIIP4EN '~ ........... .-._ ........................... . ............. NONE NOES: COUNCILMEN '~ ......... . ....... . ......· ......._ -. ABSENT: COUNCILMEN ' NONE ~ _ , _ ~ 1, , _ , ~ ~1 ,_ -- _~:_ ._ ........ ~i~y 'cierk~,-~-ity of T"~stin ~--ca'iif0rnla .... -