Resolution 1985-28
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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.
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RESOLUTION NO. 85 - 28
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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
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RESOLUTION NO. 85 - 28
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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
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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
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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
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(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
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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.
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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
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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)
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