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Resolution 1985-28 .. . . RESOLUTION NO. 85 - 28 RESOLUTION SETTING FORTH ENVIRONtlliNTAL ItWACT REPORT CRITERIA AND PRO- CEDURES FOR LAND PROJECTS IN THE CITY OF GILROY, CALIFORNIA, SUPERCEDING PREVIOUS RESOLUTION NO. 79-79, 17 1{2' 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 (hereinafter "CEQA") insofar as it is applicable to all projects undertaken by or within the City of Gilroy. The criteria and procedures set forth herein are adopted pursuant to and consistent with Public Resources Code Section 21000 et seq. of the State of California and Title 14, Division 6, Chapter 3 of the Califor- nia Administrative Code (State CEQA Guidelines). Except as may be in- terpreted or particularized by this Resolution, the provisions of Title 1~, Division 6, Chapter 3 of the California Administrative Code will be applicable to projects within the City of Gilroy, and are incorporated herein by this reference. In the event that any of the provisions of this Resolution should become in conflict with any of the provisions of the above cited Public Resources Code of the State of California or of the California Adminis- trative Code, the provisions of the latter Codes shall take precedence over any contradictory provisions contained in this Resolution. The City Council hereby adopts the following procedures and criteria: A. Authority to Approve Projects and Associated Environmental Documents. 1. The Secretary of the Planning Cornmission (hereinafter liThe Secretary") has approval authority for minor devia- tion variances, and architectural and site review except for Planned Unit Develooments, and shall be deemed the decis ion-making body und.er CEQA for these proj ects . 2. The Planning Commission has approval authority for all use permits and variances except for those listed in 1 above and shall be deemed the decision-making body under CEQA for these projects. In addition, the Planning Commission is the decision-making body on appeal of de- cisions regarding the projects listed in 1 above. -1- RESOLUTION NO. 85 - 28 . . In all other instances, the Planning Co~~ission acts as a recommending body to the City Council and in those instances shall be deemed the advisory body under CEQA. 3. The City Council is the decision-making body under CEQA for all projects not listed in 1 or 2 above, and is the decision-making body on appeal of decisions regarding projects listed in 2 above. B. Authority of the Secretary of the Planning Commission. The City Council hereby authorizes and directs the Secre- tary to perform the following functio~s: 1. Determine whether a project is ministerial. 2. Determine whether a project is exempt. 3. Conduct an initial study and decide whether to prepare a draft EIR or negative declaration. 4. Prepare a negative declaration or draft EIR. 5. Determine that a negative declaration has been completed for a private project within a period of 105 days from the date of acceptance of the application as complete. 6. Prepare a final EIR. 7. File notices. C. Ministerial Exclusions. The provisions of CEQA apply only to discretionary projects. }1inisterial projects, which are not subject to CEQA include, but are not limited to the following: approval of final subdivision, parcel, and record of survey maps, final site approval, issuance of building permits, issuance of demoli- tion permits except for historic structures, issuance of business licenses, issuance of home occupation permits, issuance of grading permits where discretionary engineering criteria is not required, approval of individual utility service connections and disconnections. As to any project not specifically listed above as being minis- terial, the Secretary shall make a determination as to its discretion- ary or ministerial nature. "Wnere a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA. D. Categorical Exemptions. The State CEQA Guidelines (hereinafter "Guidelines") list classes of projects which, although discretionary in nature, have been determined by the State Office of Pla.n- ning and Research not to have a significant effect on the " -L- RESOLUTION NO. 85 - 28 . . environment, and are therefore exempt from the provlslons of CEQA. The City Council adopts as listed below, those specific activities that fall within the exempt classes, subject to the qualification that they must be consistent with both the letter and the intent expressed in the classes. 1. All projects listed as categorically exempt in Guide- lines 15301 through 15329. 2. Existing Facilities. a. Issuance of sewer lateral repair permit by Director of Public Works. b. Approval of construction, tow away and no parking signs by City Traffic Engineer. Issuance of permit for curb painting by City Traffic Engineer. c. d. e. 3 . New a. b. Issuance of transDortation wide load permit by City Traffic Engineer.. Conversion of apartments to condominiQms. construction of Conversion of Small Structures. Issuance of sewer lateral permits. 4. Minor Alterations to Land. Issuance of house moving permits. a. Issuance of temporary use permits. b. Issuance of temporary permits for carnivals, amusement rides and petting zoos. Issuance of temporary permits for tract sales offices. c. d. Issuance of temporary permits for temporary storage or construction yards. e. Issuance of temporary permits for subdivision signs. f. Weed abatement programs. g. Projects requiring architectural and site review in areas with an average slope of less than 15% which do not result in any changes in land use or density and fall within the scope as expressed in other exempt classes. The above categorical exemptions are subject to exceptions pur- suant to Guidelines 15300.2 regarding location of the project, cumula- RESOLUTION NO. 85 - 28 -3- . . tive impact, and unusual circumstances. The Secretary shall determine whether each project falls within a categorically exempt class, and whether the project is specifically listed in accord with the above or not. E. Project Application. 1. Each project application shall be accompanied by the fees deemed necessary for the environmental processing of said application. Reasonable application fees shall be set from time to time by resolution of the City Council. 2. The City is allowed 30 days to review for completeness applications for permits or other entitlements for use. Accepting an application as complete does not limit the authority of the City to require the applicant to submit additional information needed for environmental evalua- tion of the project. 3. After the project application has been accepted by the Secretary as being complete, the Secretary shall make a determination within 30 days as to whether an EIR or a negative declaration is required for the project, or use of a previously prepared EIR or negative declaration is required for the project, except for those projects sub- ject to Guideline 15111. This 30 day period may be ex- tended by 15 days upon the consent of the Secretary and the project applicant. The Secretary shall post said determination and notify the applicant in writing. 4. If the Secretary determine that a project does not re- quire the preparation of an EIR, within 10 days follow- ing the mailing date of said determination, the appli- cant may require preparation of an EIR by filing a written notice with the Secretary. F. Project EVRluation and Determination. 1. Initial Study. On all discretionary projects not categorically exempt, the Secretary shall determine whether the project may have a significant effect on the environment through preparation of an initial study, unless it can be deter- mined that an ElK will clearly be required. In making such determination, the Secretary shall follow the Guidelines, together with the following specific cri- teria: a. Rezoning from one commercial "c" district classifi- cation to another "C" district classification, taken alone, will normally not have any significant effect on the environment. Rezoning from one residential "R" district to another "R" district of lesser density or rezoning from a commercial "C", industrial "M", or professional office "PO" district to an "R" district, \vill normally not RESOLUTION NO. 85 - 28 -1+- . . have any significant effect on the environment. A negative declaration on such rezonings shall not, however, preclude the Secretary from requiring an EIR at a subsequent approval stage for development of a particular use within such district. b. wnere 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 sub- division map or tentative site approval for the development of any permitted use or uses within the zone, unless the use intended is not one considered as a possible proposed use at the time of the prior EIR and rezoning, or unless conditions defined in Guidelines 15162, 15163 and 15164 are found to exist, requiring the preparation of a subsequent EIR, sup- plement or addendum to the EIR. 2. Negative Declaration: a. IVhere the initial study shows there is no substantial evidence that a project may have a significant effect on the environment, or where a project is revised in response to an initial study so that potential ad- verse effects are mitigated to a point where clearly no significant environment effects would occur and there is no substantial evidence that the revised project may have a significant effect on the environ- ment, a negative declaration shall be prepared. b. Public Notice and Review: Notice shall be given to all organizations and in- dividuals who have previously requested such notice in writing with the Secretary and have provided the Secretary with a self-addressed stamped envelope for said purpose. Notice of the preparation of the nega- tive declaration shall be provided to the public at least (i) ten (10) days prior to consideration by the advisory body making a recommendation on the project to the decision-making body, or if said recommenda- tion is not required, then ten (10) days prior to adoption of such declaration by the decision-making body or (ii) thirty (30) days prior if state review is involved, as follows: (i). If the approval on the proposed project already requires one or more of the types of notices as set forth in Guideline 15072, then the notice for the hearing on the project itself shall also include a notice that the negative declaration shall be heard at that time. (ii). 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 in Guideline 15072. RESOLUTION NO. 85-28 -5- . . (iii). The Secretary shall transmit to the advisory body or directly to the decision-making body as required, all comments filed during the review period. c. Consideration of Negative Declaration. If required to make a recommendation to the decision- making body on the project, the advisory body shall consider the proposed negative declaration before making its recommendation. Prior to approving the project, the decision-making body shall consider the proposed negative declaration together with any com- ments received during the public review process. The decision-making body shall approve the negative dec- laration if it finds on the basis of the initial study and any comments received that there is no substan- tial evidence that the project will have a signifi- cant affect on the environment. If the decision-making body does not approve the nega- tive declaration, it shall direct preparation of an EIR. 3. Preparation and Adoption of EIR. a. If the Secretary determine during preliminary review under Guideline 15060 or at the conclusion of an initial study after applying the standards described in Guideline 15064 that an EIR is required for the project, then an EIR shall be prepared in accordance with CEQA, the Guidelines and this Resolution at the applicant's expense as follows: (i). The City shall generate proposals and bids for the preparation of an EIR. Upon receipt of the proposals and bids, the Secretary shall contact the applicant to sign an agreement with the City for preparation of the EIR. The applicant shall submit an amount equal to the accepted bid plus 10% contingency, plus any fees set forth by resolution of the City Council. (ii). The City shall enter into an agreement with the selected consultant for the preparation of the EIR. Neither the consultant as selected nor any of its officers, agents, employees, or sub-con- tracting 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 EIR. b. Preparing the Draft EIR. Upon delivery to the Secretary of the draft EIR, the Secretary shall review and analyze the draft for ade- quacy and objectivity. In addition, the Secretary may, but need not, submit the draft EIR to one or more public i.ndependent consultants for analysis. In the RESOLUTION NO. 85 - 28 -6- . . event of such independent referral, the applicant shall be required to pay such reasonable costs and expenses. c. Public Notice and Review. (i). Upon completion of the draft EIR, the Secretary shall file copies with the decision-making body, local libraries, and the State Clearinghouse when review is required by State agencies. Pub- lic notice of the availability of a draft EIR shall be given in the manner set forth in Guide- line 15087 and Section 2b of this Paragraph F, except that the time provided for public review and comment shall be at least 30 days from the time of notice, or if the draft EIR is submitted to the State Clearinghouse, then 45 days unless the State Clearinghouse sets a shorter review period upon request of the Secretary due to ex- ceptional circumstances. The Secretary may charge a reasonable fee for a copy of the draft EIR. (ii). If a public hearing is required by law on the project, or if the Secretary determines it would facilitate the purposes and goals of CEQA to do so, said hearing shall be held during the public review period on the draft EIR before the decision-making body or the advisory body if the advisory body must rnake a reco'!Lrnend.ation on the project approval. (iii). Following the public review period, the Secre- tary shall cause to be prepared a final EIR pursuant to Guideline 15132. d. Consideration of Final EIR Tne Secretary shall trans!:'.it copies of the fina1 EIR to the applica.nt and to the c.ecision-making body be- fore the time set for a d.ecision on the project. Prior to approving the project, the decision-making bodv shall revievl and consider the final EIR and make such findings as required by Guidelines 15091 and 15093. e. Certification of Final EIR and Notice of Determina- tion. (i). T::-:e decision-making body shall certify that the final EIR has been comuleted in comnliance with CEQA, that the final ErR. was presented to the decision-making body, and that the decision- making body reviewed and considered the infor- mation contained in the final EIR prior to ap- provi~g the project. (ii). Following each project approval for which an EIR was considered, the Secretary shall file a notice of determination pursuant to Guideline 15094. RESOLUTION NO. 85 - 28 -7- . . , . G. Timely Compliance. 1. "W~en the City is lead agency for a private project, it shall complete and have ready for approval a negative declaration within 105 days, and shall complete and certify a final EIR ~vithin one year, such time limits measured from the date the Secretary accepted the project application as complete. The one year time limit for the final EIR may be extended once for a period. of not more than 90' days upon consent of the City and the applicant. 2. Any unreasonable delay by the project applicant in meeting requests by the Secretary necessary for the preparation of a negative declaration or an EIR shall suspend the required time limits set forth above for the period of unreasonable delay. Alternatively, the decision-making body may disapprove the project '~ith- out prejudice" where there is unreasonable delay by the project applicant in meeting requests. H. Appeals. 1. Any person may appeal to the Planning Commission or the City Council, whichever is the decision-making body for the project, a determination made by the Secretary pur- suant to Paragraph E(3) of this Resolution. Such appeal must be filed in writing with the Secretary within 10 days after the posting of said determination and shall give specific grounds for the appeal. 2. The filing of the appeal shall stay the Secretary's determination until a final decision is rendered by the decision-making body, and said decision shall be ren- dered as soon as possible, but not later than 45 days from such filing. 3. Notice of the appeal hearing shall be given by mail to the appellant and applicant, and to any other person who has filed a written request for such notification. 4. In making its determination, the decision-making body shall be guided by the same criteria as the Secretary must use in making the determination. The City Clerk shall advise the appellant and the applicant in writing of the decision-making body's decision. PASSED AND ADOPTED this 6th day of Hay, 1985, by the following vote: NOES: COUNCIL YEHBERS: ALBERT, KLOECKER, HUSSALLEti, PATE, VALDEZ and GAGE. COUNCIL MEt1BERS: None AYES: ABSENT: COUNC IL }lEHBER: HUGHAN ~b. City C RESOLUTION NO. 85 - 28 -8- . 1 ;;, . . . ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 85-28 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said ~ouncil held on the 6th day of May , 19 85 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 15th day of May , 19 ~. (Seal) .