Resolution 1742
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RESOLUTION NO. 1742
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GUIDELINES FOR THE
ADMINISTRATION OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
BE IT RESOLVED by the City Council of the City of
Gilroy as follows:
WHEREAS, the California Environmental Quality Act of
1970, as amended (Act), requires that public agencies adopt
objectives, criteria and procedures for the evaluation of pro-
jects and the preparation of environmental impact reports
pursuant to, and consistent with the provisions of such Act
(Division 13 of the Public Resources Code of the State of
California); and requires that the adopted objectives, criteria
and procedures shall be consistent with guidelines adopted by
the Secretary of the Resources Agency of the State of California
pursuant to Section 21083 of the Public Resources Code of the
State of California, and
WHEREAS, the Secretary of the California Resources
Agency has on February 3, 1973, duly adopted such guidelines as
its regulations in Division 6, Title 14, California Administrative
Code (Guidelines) and in such authorizes and encourages certain
local implementation.
NOW, THEREFORE, BE IT FURTHER RESOLVED to the extent the
Act applies, as follows:
1. That the City of Gilroy hereby adopts the Guidelines
as from time to time duly supplemented, and to the extent they
are consistent with the Act.
2. That the City of Gilroy adopts the attached (Exhibit
"A") local processing procedures to replace the Interim Guide-
lines adopted by City Council on January 2, 1973 (Resolution No.
1701) .
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RESOLUTION NO. 1742
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3. If any section, subsection, sentence, clause or
phrase of this Resolution or the processing procedures hereby
adopted, are for any reason held by a court of competent juris-
diction to be invalid, such decision shall not effect the
validity of the remaining portions of the Resolution or of such
local processing procedures. The City Council hereby declares
that it would have passed this Resolution and such local processing
procedures, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
PASSED AND ADOPTED this 21st day of May, 1973, by the
following vote:
AYES: COUNCILMEMBERS: DeBELL, DUFFIN, HUGHAN, SILVA,
and GOODRICH
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: PATE and STOUT
APPROVED:
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( Mayor
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RESOLUTION NO. 1742
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Adopted by City Council
May 21, 1973
Resolution No. 1742
EXHI BI T "A"
Guidelines tor Review of Frojects
and Environmental Impact statements
City of Gilroy
A. BA.CKGROOND
The legislative policy of the California Environmental Quality Act is to:
1. Develop and protect the quality of the environment.
2. Give people benefits of quality environment.
3. Preserve Plant and animal communities.
4. Insure that the long term protection of the environment shall be the gu:lding
criterion in public decisions.
5. Create mutually beneficial additions for man and nature.
6. Require environmental standards at all levels of government.
7. Require government to consider qualitative factors, long term costs and al-
ternatives in actions affecting 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 si.gni.ficant effect on the envi- '
ronment.
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 detennine whether the project
is trivial in nature or whether there is some form of environmental 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 repone The Planning Depanment will also
be responsible for coordination and integr;1ting all required Environmental
Impact Reports.
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Classification of ~
During the initial stages of setting uF'-project review procedures, it is re-
conmended that the applicant make a pre-submittal contact with the Planning
Department for a determination of Environmental Impact Statement re~rementS'.
The Planning Department shall claSsify all projects as either minor (not re-
quiring review) t routing (requiring the Secretary of the Planning Conunission
to review the sigirll'icance of the individual case), or mandatory (requiring
an EIS). The formal revievl process of projects requiring full review official-
ly being 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 !'pplicatioo for Enviroo-
mental Clearance will be filed with the Planning Department.
Minor Projects
These projects are small in scope and have insignificant environmental impact.
They should 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 lats, nat issued as part of a developed proposal
* Encroachment. permits nat involving water cources
* All variances
* Waivers of undergrounding of utility lines
Routine Projects
These are actions which are necessary where no significant environmental impact
is expected. The Secretary of the Planning Commission shall be responsible to
determine whether projects would fall under this classification.
A negati"Ve declaration on these projects IIl\i.St 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 O::lllcept relating to environmental impact statement re-
quirements if 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 routing projects of moderate scale which are
expected to have insignificant environmental effects.
A negative decalration 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 (general statement)
* Analysis of impact
* SUpportive items as needed
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Specific examples of projects that should be classified by the Plsnning De-
partment as routine are as follOW's:
Multi-family or commercial' buildings not o-,er 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.
Pro;lects Requiring an Environmental Impact Statement
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 "action significantly
affecting the quality of the environment" or the cause "significant environmental
impact" is to be constroed by the Plann~ 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 applicabl~..
Proposed actions f 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 determined
by the Planning Department.
The following is a list of project types that will require an environmental im-
pact statement to be completed by staff:
* Projects that modify natural ecological or scenic resources of the City.
* IncClBistency 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 water, flooding, erosion or sedimentation..
* Any project funded by Federal or State agencies which require an environ-
mental impact statement.
Pla.nninR 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 woo.ld be reviewed by the Planning Cormnission, the
EIS on that project will be reviewed separately before the Planning Commission.
As for'procedure, the EIS will be placed on the Planning Camnission agenda for
review, public comment and action. (It should be specified here that it is the
intent of State regulations to provide the public and opportunity to comment on
proposed projects and, additionally, that decision on projects that have an en-
vironmental impact be discussed at public hearings).
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Any Commissioner, Planning Department Staff or member of the public may request
that any item be discussed.
_,The Commission may affirm or deny the environmental impact report t or request
an estension' of time for more study. If the Conunission fails to act or to get
an extension. then the Commission may waive H,s legal right to respond. Any
appeal from the decision of the Pla.~JUng Commission will be processed under
Section 82 of the Zoning Ordinance.
C. Envirorunental Consultants
Environmental Impact Reports will be generated by consultants who have nothing
to do with the design of the project. other wOrds, the same group who puts
together the project cannot also submit the Environmental Impact Report. The
Environmental Clearance Application may be submitted by the developer or his
agent. The Planning Department will compile a list of qualified consultants in
which the developer should choose from.
D. The completed Environmental Impact Report/Environmental Clearance must be
submitted 35 days prior to the public hearing. Other public agencies must have
at least 30 days time to respond to Environmental Impact Reports. Al least
15 copies of the E.I.R. vdll need to be submitted to the Planning Department.
E. Fees
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1. Environmental Clearance Application $25
2. Environmental Impact Report Processing $200
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. l742
is an original'
resolution, duly adopted by the Council of the City of Gilroy at a
regular meeting of said Council held on the 21st
day of May
, 19 ~ at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 23rd day of May
, 19 IL.
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City Clerk of the
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