Loading...
Resolution 1742 ~.. .~ .. . I 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) . - 1 - RESOLUTION NO. 1742 " .. " . . . 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: 7f~~ ( Mayor /'.- L"'~ --: ./ . --,.,...., ;2"> &,.1'//#1,(.: Cler - 2 - RESOLUTION NO. 1742 ........ .... ........ \,.,J 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. ...J.- ..... 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 -2- .- .. .....' "'"""" 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). -3- t .. . ......... ... ~ . '__ 0 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 - 1. Environmental Clearance Application $25 2. Environmental Impact Report Processing $200 -4- " . , . . .. 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. l ~-:?5 2vo~ City Clerk of the .. '" ,~