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Resolution 1979- 79 . . " RESOLUTION NO. 79-79 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING ENVIRONMENTAL IMPACT REPORT GUIDELINES. WHEREAS, after study, the Planning Commission and staff has prepared and recommended adoption of the attached Environmental Impact Report Guidelines for the City of Gilroy, and good cause appearing therefor, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy approves the attached criteria and procedure guidelines and adopts the same for processing Environmental Impact Reports in the City of Gilroy. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: AYES: COUNCILMEMBERS : CHILDERS, CUNNINGHAM, HUGHAN, PA.TE, STOUT, and GOODRICH COUNCILMEMBERS : NONE. COUNCILMEMBERS : LINK NOES: ABSENT: APPROVED: 1~~-~ yo ATTEST: -~~~~ / C Clerk RESOLUTION NO. 79-79 ~ . DRAFT FOR DISCUSSION ONLY . 9/12/79 .RESOLUTION /I RESOLUTION SETTING FORTH ENVIRONMENTfL IMPACT REPORT CRITERIA AND PROCEDURES FOR LAND PROJECTS IN THE CITY OF GILROY, SUPER- CEDI~G PREVIOUS RESOLUTIONS #1742 and 1701. The City Council of the City of Gilroy hereby resolves: It is the intent of this resolution to implement the California Environmental Quality Act of 1970 (CEQA) insofar as it is applicable to private land projects within the City of Gilroy. The criteria and procedures set forth here are adopted pursuant to Public Resources Code Section 21083 of the State of California and Title l~Division 6, Chapter 3 of the California Administrative Code (State EIR Guidelines). Except as may be modified, interpreted, or particularized by this resolution, the provisions of Title 14, Division 6, Chapter 3, of the Cali- fornia Administrative Code will be applicable to proiects within the City of . Gilroy. In the event that any of the provisions of this resolution should become in con- flict with any of the provisions of the Public Resources Code of the State of California or of the California Administrative Cod~. the provisions of the latter Codes shall take precedence over any contradictory provisions contained in this resolution. The following procedures and ~riteria are adopted: 't A. Authority of the Secretary of the Planning Commission. The Secretary of the Planning Commission of the City of Gilroy, hereafter in this resolution called "The Secretary", is hereby authorized and directed to make a determination as to whether or not a proposed project will or will not require an environmental impact report (hereafter called EIR). He shall cause the preparation of each proposed negative declaration, and shall cause the preparation of each proposed draft EIR, a'ld shall assembl:e and present each pro- posed final EIR to the decision making body. This delegation of authority includes the authority to ultimately determine whether or not a proposed project comes within a ministerial exclusion or a categorical exemption, but does not in- clude the authority to approve a negative declaration or to certify a final EIR, which authority.is vested in the decision making body in each case. B. Discretionary Projects. The provisions of the California Environmental Quality Act of 1970 apply only to discretionary pro;ects. Discretionary pro;ects include, but are not limited to the following; the rezoning of land from one district to another, the imposi- ,. .-- O. -2- . 9/l2/79 DRAFT FOR DISCUSSION tion of new or different regulations in.a zoning district, tentative map approvals, adopting general and precise plans and amendments thereto, and design review. Al- though discretionary, a project may still be categorically exempt. C. Ministerial Exclusions. Ministerial projects, which are not subject to the California Environmental Quality Act, include; but are not limited to; approval of final subdivision, parcel, and record of survey maps, final site approval, issuance of building permits, issuance of business licenses, issuance of sign permits, issuance of home occupation permits, issuance of grading permits where discretionary engineering criteria is not required, approval of individual utility service connections and disconnections, and the approval of temporary use permits. The Secretary need not make a separate determination as to the ministerial nature . of any project which is specifically listed .as ministerial pursuant to Section 15073 of the California Administrative Code, or to any project which is specifi- cally listed as ministerial under the provisions of this resolution. As to any project not specifically listed above as being ministerial, the Secretary shall make a determination as to its discretionary or ministerial nature. D. Categorical Exemptions. Sections l5l0l through l5l24 ,of the California Administrative Code lists classes .of projects which, although discretionary in nature, have been de- temined by the State Office of Planning and Research not to have a significant effect on the enviro~ment, and are therefore exempt from the requirement of pre- paration of an EIR. The City Council shall, by these guidelines list additional specific activities that fall within each of such classes. Categorical Exemp- tions above and beyond those specified in the California Environmental Quality Act guidelines include the following: 1. Zoning Variances will be expected to have no adverse impact on the envi- ronment, and therefore will be exempt from the requirements of CEQA. 2. Conditional Use Permits are considered to be limited in nature and will therefore be exempt from the requirem~nts of CEQA. 3. Any development project which would involve the construction of two or fewer stories on less than three acres of land and which conform to the zoning ordinance and the General Plan, but excluding any projects which involve the use of potentially hazardous materials, will be categorically exempt. DRAFT FOR DISCUSSION o. -3- . 9/12/79 ' 4. Issuance of encroachment permits are to be considered minor in terms of environmental impact, and will be therefore exempt from the requirements of CEQA. S. ConversiOns of apartments into condominiums are to be categorically ex- empt aince such development is pre-existing and would have limi ted im- pact on the environment. The Secretary shall determine whether each project categori.cally exempt class, and whether the proj ect accord wi th the above or not. falls within a is specifically listed in E. Project Application. Pursuant .to Section 15054.2 of the California Administrative Code, the Secretary .shall specify criteria by which to determine the completeness of applications. No application for a pro- ject shall be deemed or shall be accepted as comPtete unless and until all data and information both in form and substance which will enable the Secretary to prepare an initial ~tudy is provided to'his satisfaction. In the event that the application is determined not to be complete, ~ written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. At such time of project application submittal, said application shall be accom- panied by the appropriate fees deemed necessary for the processing of said appli- cation. Reasonable application fees shall be set from time to time by resolu- tionof the City Council. F.. Project Evaluation an9 Determination. (1). On all discretionary projects not c~egorically exempt, the Secretary shall determine whether the project may have a substantial impact on the environment through preparation of an initial study. In making such determination, he shall follow the general guidelines set forth in Sections 15080 through 15083 of the California Administrative Code, together with the following specific cri teria: a) Rezoning from One connnercial "c" district classification to another "e" district classification, taken alone, will normally not have any substan- tial adverse impact, because of the similarity of available uses through- out all "c" districts. A negative declaration on such rezoning shall not, DRAFT FO~ DISCUSSION ONL~ -4- . 9/12/79 however, preclude the Secretary from requiring an EIR at a later tentative map or site approval for development of a particular use within such dis- trict. b) Rezonirtg from One residential "R" district to another "R" district of lesser density or rez()ning from a commercial "C", industrial "M", or professional office "PO" district to an '''R'' district, will normally be expected to have no adverse impact and normally be entitled to a negative declaration. c) Rezoning from an "R" district to a "C", "M", or "PO" district, or rezoning within an "R" district to an "R" classification having a higher density, are types of projects which ordinarily would be expected to have a signifi- cant effect on the environment, but mayor may not be entitled to a nega- tive declaration pursuant to Administrative Code Section 15083. d) Where a rezoning has been required to be accompanied by an EIR, and an EIR has been certified, no new EIR shall be required for any subsequent tentative subdivision map or tentative site approval for the development of any per- mitted use or uses within the zone, unless the use intended is not one con- sidered as possible proposed use at ~he time'of the prior EIR and rezoning, or unless conditions defined in Administrative Code Section 15067 are found to exist, requi~ing the preparation of a subsequent EIR. e) Architectural and site design approval is so limited in scope, and the regu- lations concerning design approval are by their nature designed specifically to foster and protect the environment, that any impact from such approval will normally enhance the environment, and will thus normally result in a negative declaration. (2) After the project application has been accepted by the Secretary as being complete, the Secretary shall make a determination as to the'applic~tion's status. !f the Secretary4etermines, the project application requires the pre- paration of an EIR, such determination shall be made in writing to the project applicant. (3) Even though the Secretary might determine that a project application does not require the preparation of a draft EIR, the applicant may request adoption and approval of an EIR, by the decision making body of the City, prior to the City acting Upon the application. The applicant shall exercise his option by written request filed with the Secretary no later than ten (10) days following the Secre- tary's determination. ,. . . DRAFT FOR DISCUSSION ONLY -5- 9/12/79 (4) ~lere a project is revised in response to an initial study so that potential adverse effects are mitigated to a point where no significant environment effects would occurt a negative declaration shall be prepared instead of an EIR. In this event, the negative declaration shall be completed and adopted within not more than 105 days from the date of acceptance of the application as complete. G. Consultation. . 1. Before the decision making body issues a negative declaration,the Secretary shall consult with all responsible agencies pursuant to Administrative Code Sec- tion 15066. This consultation may take place during the public review period. Responsible agencies are all public agencies, other than the City, which have discretionary approval power over the project. 2. Immediately after deter~ining that an EIR is required for a Secretary shall notify each responsible agency that an EIR will notice of preparation shall also be sent to each federal agency approving or funding the project. \ . project, the be prepared. involved in The H. Legal Notices Required. 1. Negative Declaration. In the event that it is determined that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared in accord with the provisions of Section l5083 of the California Administrative Co4e. The Secretary shall prepare a proposed negative declarationt which may be adopted by the decision making body at the time or prior to acting on the project. Notice of the preparation of the negative declaration shall be provided to the public at least ten (10) days prior to final adoption of such declaration as fdllo\Vs: ,a) If an action on the proposed project_ already require. one or acre of the types of notices as set forth in California Administrative Code Section 15083, then the notice on the hearing on the project shall also include a notice that the negative declaration stall also be heard at that time. b) In the event there are no notice procedures for a hearing on the project, then notice may be given in anyone of the methods as provided for by Code at least ten (10) days prior to the date of the action on the negative declaration and the project. In the event that the decision making body approves the project after adoption of a negative declaration, a copy of the negative declaration shall be attached to the notice of determination and filed with the County Clerk. . DRAFT FOR DISCUSSION ONLY' . 9/12/79, -6- 2. Notice of Completion. Whenever the Secretary has deemed a draft EIR necessary for a project application, then upon completion of the draft EIR1 a notice of completion shall be sent to the Sec~etary of Resources~ Such notice shall be filed at least 30 days before the project application is acted upon by the decision making body. 3. Notice of Determination. If the Secretary has determined a discretionary project is not exempt from the guidelines of CEQA and if the decision making body has either issued a negative declaration or has required the preparation of a draft E IR for said project ap- plication, then upon such final action of approval, the Secretary shall file a Notice of Determination with the state and county. . I. Preparation and Adoption of EIR. l. The City shall prepare and maintain a list of at least 5 independent con- sultants to be utilized in the preparation of a draft EIR for projects where an EIR has been deemed necessary by the Secretary. Consultants may be added to the list after they have submitted, for analysis by the Secretary, copies of EIRs they , have prepared. . 2. If the Secretary has found the results of the i~itial study sufficient to warrant an EIR for the project, he shall cause the same to be prepared in accord with the Administrative Code Section l5085 and in accord with the following: a) The applicant will be required to submit a draft EIR containing all the information specified in Administrative Code l5l40 l5l45, or that in- formation requested by the Secretary for a focused EIR. b) The City shall generate proposals a~d bids on the project. Upon receipt of the proposals and bids. the Secretary shall contact the applicant to sign an agreement for preparation of the EIR. The applicant shall submit an amount equal to the accepted bid pl'.ls any City fees. c) The City shall enter into agreement with the selected consultant for the preparation of the draft EIR. Neither the consultant as selected nor any of his or its officers. agents, employees, or subcontracting consultants shall be engaged or employed by the applicant or any of the applicant's owned or controlled affiliates within the period of preparation of the draft EIR. 3. Upon acceptance of such draft, the Secretary shall, after filing the notice of completion with the Secretary of Resources, send copies of said draft out for review to those public agencies having ju~isdiction with respect to the ., , I -........ ./-/-., DRAFT FOR DIscUssw:; ONLY -7- --......;- 9/12/79 project, for their analysis, com 'nt and reports. Where a project is deemed to be of statewide, regional, or au'wide significance, distribution of said draft shall be in accord with Administrative Code Section l5l61. 5 and l5l61. 6. In addition, the Secretary may, but need not, submit the draft EIR to one or more public independent consultants f r analysis as to accuracy and objectivity. In the event of such independent referral, the applicant shall be required to pay such reasonable costs and expenses . . :. 4. Public notice of the completion of the draft EIR shall be given as provided by California Administrative Code Section 15085 at least thirty (30) days prior to pre- sentation of any proposed final EIR to the decision making body for action thereon. 5. After the review period of the draft EIR to such public agencies, the Sec- retaryshall assemble the comments and reports as have been received by him from agencies and from members of the public, as of that time, and shall present these . comments together with the draft EIR to the decision making body for action. This presentation may be made in the same manner as received by the Secretary, or may be in the form of a proposed final EIR. 6. Where an EIR is required, the decision making body shall certify the final EIR prior to any final approval of the application for the project in question, and in acting on ~uch application, shall review and consider the EIR. J. Timely Compliance. When the City acting as a Lead Agency for a project will grant a lease, license, permit, certificate, or other entitlement for use, the decision making body shall complete and certify an EIR in not more than one year or complete and adopt a negative declaration in not more than 105 days. ,The time limits shall be measured from the date on which an application request- ing approval. for the project is received and accepted as complete by the Secretary. The'time periods specified in this section may be extended for a reasonable period of time in the event compelling circumstances justify additional time and the project applicant consents to such extension. K. Appeal and Review. 1. Negative Declaration Review. At the time of hearing on a proposed negative declaration, the decision making body, either on the motion of the applicant or upon its own motion, shall have the right to refuse to approve the negative declaration for the proposed project, and require that an EIR be prepared, if it should find that the pro- , . DRAFT FOR DISCUSSION 0" -8- . . 9/12/79 ject may have a significant effect on the environment. In such event it shall direct the preparation of a draft EIR and the following of such other procedures as a~e set forth in this resolution for the preparation an <.1 :ldoption of an EIR. 2. Appeal Procedures. Any person aggrieved by a determination of the Secretary may appeal the deter- mination to the Planning Commission. Such appeal must be filed in writing with the Secretary within ten (10) days after the determination and shall give speci- fic reasons for the appeal. The appeal shall be heard by the Planning Commission as soon as possible after receipt of the written appeal, but not later than the second regular meeting after such filing. Notice of such hearing shall be given by mail to the appel- lant and other persons who have filed a written request for such notification. On appeal, the Commission may deny the appeal or make such determination as it deems appropriate. @ L.." e- . . - - ~>.' ()~>- .~ ~~ .~~~ ~\\)~(\\\\) 3 ~ (:i ~ ~ . ~Q~ i c" ~ - ~ ~~ .~~~ . L )- ~ S \ . ~ ~2 (\\ 2- ro fl: ~Q~ ~ l\)m ~ ~ ~~ ~~~~ 2 g~ g~~~ f ~~ Ig~ 22 ~2 ~ ~~@~ ~ ~d . 2 2 2: -l ~ ~~ o~~ - <\' ~ ~c0 ~ t~ffi i ~ , @....@) 6 2 ~() .~ ). ~~ ~ - ~ ~ ~ ~Rm-e5~~ ~2~~ f 2~~~~ 2~ i~~z ~~ 6 )>.ll :t1 ~ D 11 :\1 i llipg t~ m o -2;;0 D~ ~ 2> - '2: ..- -""':: . . . __... ._ eo IN WITNESS t-J1IEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 8th day of October , 19 79 .