Resolution 1701
...
RESOLUTION NO. 1701
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ADOPTING POLICY GUIDELINES FOR REVIEW OF PROJECTS
AND ENVIRONMENTAL IMPACT STATEMENTS.
WHEREAS, after study, the Planning Commission and staff has
prepared and recommended adoption of the attached policy guide-
lines for review of projects and environmental impact statements
in the City of Gilroy, and good cause appearing therefore,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Gilroy approves the attached policy guidelines and adopts the
same procedure for the review of projects and environmental impact
statements in the City of Gilroy.
PASSED AND ADOPTED this 2nd day of January, 1973, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, DUFFIN, HUGHAN, PATE,
SILVA and GOODRICH
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
None
STOUT
AP~~
l Mayor
RESOLUTION NO. 1701
"
o
:0
Guid.elines for Review of Projects
and Environmental Impact Statement',s
"
City of Gilroy
Adopted' by' City Coun\-j'~'
January 2, 197:3
Resolution Nc)..,i 70~
;",
'j
I,
'\
'. \
_-A} , BACKGROUND
The legislative policy of the California Envi~pnmental Quality Act is to:
Develop and protect the quality of the environment.
1.
2.
~ ...it 3~
4.
"
Give people benefits of quality environment.
Preserve plant and animal communities.
.,/
Insure that the long term protection of the environme1'Jt shall be the guiding
criterion in public decisions. "
, ? Create mutually beneficial additions for man and'nature.
6. Require environmental standards at all levels of government.
7. Require governnent to consider qualitative factors, long term costs andal-
ternatives in actions affectirtg the environment. ' ,/
Specifically, the law and recent court decisions have directed local government'
to:
1. Develop standards and procedures necessary to protect environmental quality.
. ,
2. Find that projects are in conformance with an adopted conservation element
(an element required to be adopted by June 30, 1973).
3. .Require an environmental impact statement for any public or private project
within a city or county which could have a significant effect on theenviron~
ment .
B "'_ PROCESSING PROCEDURES
Now, all local projects are required to be filed with the Planning Department
as part of the mandatory referral process. Under interpretation of the recent
court case, the City must review each project to determine ,whether the project
is trivial in nature or whether there is some form of envir.onmental impact. '
Where these projects will have a significant effect on the environment, the'City
is required by the Environmental Quality Act to'insure that an environmental
impact statement is filed.
The Planning Department will be responsible for determining whether any project,
requires an environmental impact report. The Planning Department will also ,
'. be responsible for coordinating and integrating all required Environmental IIl),..'
pact Reports.'
"
- 1
'"
'.
".
c
o
~
'Classification of Projects
During the initial stages of setting up project review procedures, it is re....
commended thattne applicant make a pre-submittal contact with the Planning
Department for a determinqtion of Environmental Impact Statement requirements.
The Planning Department shall classify all projects as either minor (not re-
quiring review), routine (requiring the Secretary of the Planning Commission
,to review the significance of the individual case), or mandatory (requiring
an EIS). The formal review process of projects requiring full review official-
ly begins upon the determination of the Planning Department that- an environ-
mental impact statement is required for this specific project. In order to ,,'
assess whether an impact report need be generated an Application for Environ-
mental Clearance will be tiled with the Planning Department.
Minor Projects
, These projects are small in scope and have insignificant environmental impact.
They shou~d be exempt from the preparation of an EIS. Specific examples of
permits now issued by the City which will fall under this'-classification are:
* Swimming pools
* ' Patio covers
* Minor additions to existing, single family dwellings
* New single family dwellings in existing single family developed areas
* Parking lots, not issued as part of a developed proposal
* Encroachment permits not involving water courses
* All variances
* Waivers of undergrounding of utility lines
Routine Projects
These are actions which are necessary where no significant envtronmental impact
is expected. The Secretary of the Planning Commission shall be responsible to
determine whether projects would fall under this classification.
A.negative declaration on these projects must be completed in a manner similar
to that of an environmental impact report. To explain this declaration, the
following information has been included.
The negative declaration concept relating to environmental impact statement re-
quirements is found.in the procedural'regulations of various agencies at both
the State and Federal levels. It applies not only to projects of these State
and Federal agencies, but to local projects submitted to these agencies for
approval of funding applications. For this reason it is included here as a spe-
cial kind of environmental impact statement - related review.
"
It is concerned with essentially routine projects of moderate Beale which are
expected to have insignificant environmental effects.
A negative declaration must be completed in a manner similar to that of an en-
vironmental impact statement. The negative declaration will contain:
* A project description
* An environmental inventory
* Analysis of impact
* Supportive items as neetled
(general statement)
"
- 2 -
..
#
.
c
~
~
Specific examples of projects that. shbuld be classified by the Planning De-' "
partment as routine are as' follows:
\
Multi-family or com~ercial buildings not over two stories in height in
previously developed areas, encroachment permits involving water courses,
minor subdivisions, condominium subdivisions of existing apartments,
grading permits not connected with the development proposal, zoning changes
where there are no possible significant use changes.
Projects Requiring an Environmental Impact Statement
I
The following list is an attempt to provide some standards or criteria on which
project require an environmental impact statement. Their major test will con-
tinue to be that projects which have a significant effect on the environment will '
require an environmental impact statement. The cause "actions significantly
affecting ,the quality of the environment" or the cause "significant environmental
impact" is to be construed by the Planning Department with a view of the overall,
cumulative impact of the action proposed (and of further actions contemplated).
Such actions may be localized in their impact, but if there is the potential
that the environment may be significantly affected, this statement is applicable.
Proposed actions, the environmental impact of which is likely to be highly con-
troversial, should be included in all cases. . Significant effect includes both
adverse or beneficial effects. Individual content of any EIS will be determ::j.ned
by the Planning Department.
/
The following ~s a list of project types that will require an environmental im~
pact statement to be completed by staff:
* Projects that modi~ natural ecological or scenic resources of the City.
* Inconsistency with adopted open space and conservation plans.
* Inconsistency with state or national standards relating to the environment.
* Has the possibility of contaminating the public water supply. '
* Has a significant detrimental impact on air or water content.
* Is a portion of a larger project which, at any future stage, could have a
significant effect 'on the environment.
* Displaces substantial numbers of people.
* Disturbs ecological balance or wild life habitats (both on-site and off-site).
* Involves a habitat for rare or endangered species.
* Impacts on areas which have potential or existing usage of a mineral source.
* Affects ground w~ter, flooding, erosion or sedimentation.
* Any project funded by Federal or State agencies which require an environ-
mental impact statement.
Planning Commission Review
/'
The Planning Commission will be responsible for, reviewing and acting on any EIS.
In the case of projects that normally require Planning Commission action, the
EIS will be submitted by staff as a part of the normal application. If the'pro-
ject is not a normal one that would be reviewed by the Planning Commission, the
EIS on that project will be reviewed separately before the Planning Commission.
As for procedure, the EIS will be placed on the Planning Commission agenda for
review, public comment and action. (It should be specified here that it is the
intent of State regulations to provide the public an opportunity to comment on
p~oposed projects and, additionally, that decision on p~ojects that have an en-
vironmental impact be discussed at public hearings).
- 1 -
"
#
.
"
,...,
~,
o
'.
Any Commissioner, Plann,ing Department Staff or membe-r of the public may request
that any ite,m be discussed.
The Commission may affirm or deny the environmental impact report, or request.
an extension of time for more study. If the Commission fatls to act or to
get an extension, then the Commissi.on m'3.Y ':laive its legal right to respond. '
Any appeal from the decision of the Planning' Commission will be processed
under Section 82 of the Zoning Ordinance.
C. FEES
1. Application for Environmental Clearance $25.
2. Environmental Impact Report Processing $50.
,
, "
,
/'
".
"
. "
., ,... "
ELAINE c., CODIGA, Deputy
I, JI4J~MMr/rflJtt(lG{t1't, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 1701 is an original'
resolution, duly adopted by the Council of the City of Gilroy at a
I
regular meeting of said Counci I held on the 2nd
day of January
. 19 ~ at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
~
,~
....,..#.-