HomeMy WebLinkAbout1991-02-20 - AGENDA REPORTS - CEQA AT THE LOCAL LEVEL (2)CITY OF SANTA CLARITA
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor and City Council
FROM: George Caravalho, City Manage
DATE: February 20, 1991
SUBJECT: Draft Resolution to Implement the California Environmental
Quality Act (CEQA) at the Local Level.
The attached draft environmental resolution represents a significant
Community Development work effort aimed at establishing local guidelines
and procedures and lines of responsibility for.CEQA. We have identified
several areas for procedures that use our local discretion to amend CEQA
in response to local conditions. These include:
1. Preparing environmental assessment (i.e., Initial Studies) for a
project that individually would be considered exempt, but
cumulatively (when taken in conjunction with other actions or
projects in the area) may cause environmental impact;
2. Requires all discretionary applications (e.g., variances, etc.) to be
environmentally reviewed;
3. Standardizes public review circulation periods for negative
declarations and EIR's;
4. Disallows EIR's to be prepared by developers/applicants;
5. Clarifies the circumstances under which an applicant may request an
EIR circulation period of less than 45 days.
6. Requires public hearings for projects that an EIR has been prepared
for to include notice of completion of the EIR and concurrent
hearings.
7. Designates Community Development Department as lead City department
for all environmental review on projects; both public and private.
8. Clarifies when State mandated time lines can be declared suspended in
preparation of environmental document action.
Our intent, upon completion of in-house review and comments, is to
schedule this resolution for Council's consideration and adoption no later
than April 9, 1991. If you have any questions or comments regarding this
draft resolution, please contact me or Director Harris.
Attachment (1)
GAC:LMH:DMW:428
Agenda Item:
DRAFT 2
RESOLUTION NO..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ADOPTING GUIDELINES AND PROCEDURES
FOR IMPLEMENTATION OF THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT 1970 AS AMENDED.
WHEREAS, the City Council of the City of Santa Clarita recognizes the need
to preserve, protect, and enhance the natural and human environment; and,
WHEREAS, Public Resources Code Section 21082, part of the California
Environmental Quality Act ("CEQA"), requires that the City adopt guidelines
and procedures for the environmental review and evaluation of projects, and
further requires that these guidelines and procedures lie consistent with CEQA
and the State CEQA Guidelines ("State Guidelines") as adopted and amended by.
the Secretary of the Resources Agency; and,
WHEREAS, these guidelines and procedures are to provide an orderly means
for the City of Santa Clarita to evaluate the environmental impacts of
proposed projects, provide for public participation, and process the required
environmental documents in a conscientious and timely manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Authority. This Resolution is adopted to implement the
California Environmental Quality Act (•CEQA"), Public Resources Code Section
21000 et seq, and the State CEQA Guidelines ("State Guidelines"), 14
California Administrative Code Section 15000 et seq, as amended, and may be
referred to as the "Santa Clarita CEQA Resolution."
SECTION 2. Relationship to State Guidelines. The California
Environmental Quality Act and the CEQA State Guidelines are hereby
incorporated by reference. This Resolution does not replace the State
Guidelines, but implements and refines the general provisions of the State
Guidelines to the specific operations of the City of Santa Clarita. If any
section of this Resolution is in conflict with or contrary to any provision of
the State Guidelines as they now exist or may be amended hereafter, the State
Guidelines shall control.
SECTION 3. Definitions. The term "advisory body" as used in this
resolution shall mean the person, commission or council which has authority by
law or ordinance to comment upon or give an advisory decision on the project
at issue.
The term "applicant" as used in this Resolution shall mean the person,
City department, or agency which has made application to the City for review
or approval of any activity which is deemed a project pursuant to the State
Guidelines or this Resolution.
The term "decision-making body" as used in this Resolution shall mean the
person, commission or council which has authority by law or ordinance to make
a final decision to approve or disapprove the.project at issue.
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The term "Environmental Officer" as used in this Resolution shall mean the
Director of Community Development, who shall.have overall responsibility for
City CEQA functions. As used in this Resolution, CEQA functions include CEQA
review of all City projects and projects submitted to the City for approval or
review pursuant to State and Federal law.
The term "lead department" as used in this Resolution shall mean the
Department of Community Development, which shall serve as clearinghouse for
the purposes of processing and coordinating environmental review for the City.
The term "project" as used in this Resolution shall mean any activity
which creates, or has potential to create, physical change to the City's
environment as guided by Section 15378 of the State Guidelines.
The term "Responsible Officer" as used in this Resolution shall mean the
City Manager or Department Head responsible for carrying out a City project or
for reviewing a project submitted to the City.for processing.
SECTION 4. Delegation of Responsibility to the Director of Community
Development.
A. The Director of Community Development shall have primary
responsibility for all City environmental review mandated by the
provisions of CEQA, the State Guidelines, and this Resolution', and in
this capacity shall be designated as the Environmental Officer. In
furtherance of the Director's responsibility, the Department of
Community Development shall be designated the lead department for
City CEQA functions and shall serve as clearinghouse for the purposes
of coordinating environmental review and processing for the City.
B. Responsibilities of the Environmental Officer
Responsibilities of the Environmental Officer shall include, but not
be limited to, the following activities; environmental review of all
City projects and projects submitted to the City for review and
approval; prepare, process and file all environmental documents and
notices as required; provide City procedures, policies, thresholds,
guidelines and criteria as needed to forward the intent of this
Resolution; and ensure that all CEQA processing time limits are met.
C. Responsibilities of Responsible Officers and Departments
Responsible Officers or departments having responsibility for
carrying out a City project or processing a project submitted to the
City for approval shall determine whether or not the project
qualifies for exemption from environmental review pursuant to Section
5.0 of this Resolution. The Responsible Officer or department shall
submit such determination to the Environmental Officer for review and
approval.
Where a project does not qualify for exemption, the project shall be
submitted for review to the Environmental Officer, who shall be
responsible for conducting environmental review pursuant.to CEQA, the
State Guidelines, and this Resolution.
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Where it cannot readily be determined by the Responsible Officer if a
project qualifies or not for exemption from environmental review, the
Environmental Officer shall be available for consultation. DRAVY
SECTION 5. Preliminary Review.
A. Review for Project Determination Pursuant to CEQA
The Director of Community Development or Responsible Officer shall
review all applications and submittals to determine whether the
activity is defined as a "project" pursuant to Section 15378 of the
State Guidelines. If.the activity is not defined as a "project" per
the Guidelines, no further.action is required under CEQA.
B. Review for Project Completeness
Pursuant to Section 15060 of the State Guidelines, the Director of
Community Development or Responsible Officer shall review for
completeness all applications for permits or other entitlements and
shall give notice of completeness or incompleteness in the manner,
form and time established by State law. While conducting this review
for completeness, the Director or Responsible Officer should be alert
for potential environmental issues raised by the project.
C. Review for Exemption
(1) The Environmental Officer or Responsible Officer shall conduct
the review for exemption.
The Environmental Officer, or Responsible Officers or
departments having responsibility for carrying out a City
project or processing a project submitted to the City for
approval, shall determine whether or not the project qualifies
for a statutory or categorical exemption pursuant to Section
15061 of the State Guidelines, or a ministerial exemption as set
forth in this Resolution. Exemptions include the statutory
exemptions set forth in Article 18 of the State Guidelines,
categorical exemptions set forth in Article 19 of the State
Guidelines as herein amended, and the ministerial exemptions
listed below.. Any project not specifically listed below as
ministerial, or otherwise exempted by law, is subject to the
provisions of CEQA at the determination of the Environmental
Officer.
(2) Ministerial Project Exemptions
The following projects are ministerial:
(a) Building permits for all structures that are not considered
buildings as identified in the Santa Clarita Municipal
Code, such as walls and fences.
(b) Building permits for all:
(i) Single-family residences when not in conjunction
with or more than ten (10) residential units.
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(ii) Multi -family residences with not more than ten (10)
units per building or when not in conjunction with'—��
five or more buildings.
(iii) New commercial, institutional and industrial
structures if not in conjunction with the building
of four or more such structures and which do not
exceed:
A floor area of 15,000 square feet; or
A parking structure more than one level.above
natural grade not otherwise connected to a
discretionary project or approval.
(iv) Additions to existing structures which do not
exceed 15,000 square feet.
(c) Certificates of Compliance, issued in accordance with
allowed land -use regulations for the zone and conditions of
the project.
(d) Certificates of Occupancy, issued in accordance with
allowed land -use regulations for the zone and conditions of
the project.
(e) Construction Fencing.
(f) Curb, Gutter or Sidewalk Construction or Reconstruction.
(g) Demolition permits for removal of small structures with no
historical, archaeological or historical significance.
(h) Driveway Construction or Reconstruction.
(i) Encroachments (Code Regulated).
(j) Electrical Permits.
(k) Equipment or Materials Street Use Permits.
(1) Excavation, Shoring and Other Street Use Permits.
(m) Final Tract Maps (except for those Final Tract Maps filed
on Tentative Tract Maps and Vesting Tentative Tract Maps
approved byanotherjurisdiction after December 15, 1987,
pursuant to Section 66413.of the Subdivision Map Act).
(n) Fire Extinguisher Systems and Alarms.
(o) Fire Hydrant Installations.
(p) Heating, Air Conditioning, Refrigeration Installations.
(q) Heavy Hauling not otherwise connected to a discretionary
project or approval.
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(r) Mouse Moving. MY
(s) Individual Water Service Installation. D PR
(t) Internal tenant improvements which do not result in or
perpetuate a change in land use or an unmet parking need,
nor exceed the thresholds for exemption stated in Section 5
C(2)(b) above.
(u) Plumbing Permits.
(v) Sign Permits issued in accordance with the governing
regulations for the zone and conditions of the project and
not otherwise subject to discretionary approval.
(w) Soil Borings.
(x) Street Lights.
(y) Utility Installations/Disconnections.
(z) Temporary permits of less than thirty (30) days for the
purpose of tree sales, pumpkin sales, garage sales and
similar temporary uses of a -localized nature.
(3) Categorical Exemption Exceptions
This Resolution specifically reinforces that certain exceptions
exist to the categorical exemptions listed in Article 19,
pursuant to Section 15300.2 of the State Guidelines. These
exceptions are based on:
(a) Location.
(b) Cumulative Impact.
(c) Significant Effect.
(4) Projects Which Are Specifically Not Exempt
Projects which are specifically found not to be exempt and for
which an Initial Study shall be prepared include, but are not
limited to, the following:
(a) Amendments to the zoning text of the "Santa Clarita
Municipal Code".
(b) Amendments to the City zoning map.
(c) Adoption or amendment of the map or text of the General
Plan or any element thereof.
(d) Franchises.
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(e) Conditional Use Permits, Plot Plans, Specific Plans and
amendments thereto,.Subdivisions, Variances, and other
applications, permits and entitlements to use when, upon
review by the Environmental Officer, such projects are not
exempt pursuant to Section 5 of this Resolution.
(f) Any activity or project where, in the determination of the
Environmental Officer, substantial evidence exists that
such activity or project has the potential for significant
adverse effect on -the environment.
(5) Notice of Exemption
If a project is determined to be qualified for an exemption
under this Resolution, a Notice of Exemption may be filed by the
Environmental Officer pursuant to Section 15062'of the
Guidelines.
SECTION 6. Initial Study Procedure.
A. Initial Study Purpose
The Initial Study shall be.used to provide a written determination of
whether a Negative Declaration or an Environmental Impact Report
("EIR") shall be prepared for a project. Where it is clear prior to
preparation of the Initial Study that an EIR will be required for the
project, the Initial Study should be prepared for purposes of scoping
the areas of environmental impact or potential impact to be studied
by the EIR.
(1) If a project is not exempt from the provisions of CEQA, an
Initial Study shall be prepared for that project by the
Environmental Officer pursuant to Section 15063 of the State
Guidelines.
(2) The Initial Study may be prepared in consultation with other
Responsible Officers and departments. Project information may
be circulated to Responsible Officers and departments for review
and comment, and written comments or recommendations received
may be used by the Environmental Officer to assist in
determining whether a project may have an adverse effect on the
environment.
(3) If a state or federal responsible or trustee agency requests
that the City prepare an Initial Study for a project not
normally requiring such review, the Initial Study may be
prepared at the Environmental Officer's discretion.
B. Initial Study Form, Content. Information and Preparation
Except as otherwise provided for in this Resolution, the form,
content and preparation of an Initial Study shall be consistent with
Section 15063 of the State Guidelines. The Environmental Officer
shall provide such forms and procedures as are required to prepare
and process the Initial Study, and such shall be made available for
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use by the general public and project applicants.. The Environmental
Officer shall have the authority to require submittal or development,
at the Environmental Officer's discretion, of any information needed
to adequately prepare the Initial Study.
C. Initial Study Determination and Findings
(1) If the Initial Study determines that there is no substantial
evidence that any aspect(s) of a project, individually or
cumulatively, may cause or result in a significant effect on the
environment, the Environmental Officer shall cause a Negative (i
Declaration to be prepared pursuant to Section 7 of this
Resolution.
(2) If the Initial Study determines that there is substantial
evidence that any aspect(s) of a project, individually or
cumulatively, may cause or result in a significant effect on the
environment, the Environmental Officer shall cause an EIR to be
prepared, pursuant to Section 8 of this Resolution.
(3) The Initial Study shall, in making either of the:above
determinations,. make appropriate mandatory findings pursuant to
Section 15065 of the State Guidelines.
D. Determining Significant Effect
Determination of significant effect on the environment shall be made
pursuant to Section 15064 of the State Guidelines,' or as otherwise
determined by this Resolution and the Environmental officer.
SECTION 7. Negative Declaration Procedure.
A. Negative Declaration Form, Content. Preparation and Notice
Except as otherwise provided for in this Resolution, the form,
content, preparation and notice of a Negative Declaration shall be
consistent with Sections 15070 - 15075 of the State Guidelines. The
Environmental Officer shall provide such forms and procedures as are
required to prepare and process the Negative Declaration, and shall
have the authority to require submittal or development, at the
Environmental Officer's discretion, of any information needed to
adequately.process the Negative Declaration.
B. Negative Declaration TYoe
(1) A proposed Negative Declaration for a projectshallbe prepared
pursuant to Section 15070(a) or Section 15070(b) of the State
Guidelines..
(2) Where the Negative Declaration is prepared pursuant to.Section
15070(b), revisions in the project plans made by or agreed to by
the applicant shall be reviewed and approved by the
Environmental Officer. Where measures to mitigate potential
environmental effects have been proposed or agreed to, such
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measures shall be made conditions of project approval, or shall
be made part of a.mitigation monitoring program, or shall
otherwise be implemented to the satisfaction of the
Environmental Officer. DRAFT "
C. Consideration and Approval of the Negative Declaration
(1) Upon completion, the Negative Declaration shall be forwarded to
the advisory body, if any, and the decision-making body, for
consideration and action pursuant to Section 15074 of the State
Guidelines.
(2) If a public hearing is required for a project action other than
the Negative Declaration, said hearing shall be conducted in
accordance with current Santa Clarita Municipal Code procedures
and include mention of the proposed Negative Declaration. The
Negative Declaration shall be considered concurrently with the
project application.
(3) If no public hearing is required for project action other than
the Negative Declaration, the Director of Community Development
shall, after public circulation, consider the Negative
Declaration as part of the overall project approval.
(4) During its consideration of a Negative Declaration,.the Planning
Commission, when reviewing a project in an advisory capacity,
may at its discretion, recommend to the Director of Community
Development that an EIR be prepared for the project.
(5) Where A Negative Declaration is approved, such approval shall be
in the form of a resolution of the decision-making body.
SECTION 8. Environmental Impact Report Procedure.
A. EIR Form, Content, Preparation. Notice and Use
Except as otherwise provided in this Resolution, the form, content,
preparation, notice and use of an Environmental Impact Report shall
be consistent with Sections 15080 - 15228 of the State Guidelines.
The Environmental Officer shall provide such forms and procedures as
are required to prepareandprocess the EIR, and shall have the
authority to require submittal or development, at the Environmental
Officer's discretion, of any information needed to adequately prepare
and process the EIR.
B. Notice of Preparation
(1) A Notice of Preparation ("NOP") for an EIR shall be prepared
pursuant to Section 15082 of the State Guidelines, as amended by
this Resolution, and shall include any additional information as
may be required by the Environmental Officer.
(2) After the determination to prepare an EIR has been made, but.
prior to the circulation of the NOP, the Environmental Officer
shall require submittal by the project proponent of all fees
needed to adequately prepare and administer the EIR.
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C.
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Preparation of the Draft EIR
(1) It shall be the responsibility of the Environmental Officer to
prepare the draft EIR. One or more of following methods shall
be used for preparing the draft EIR, at the discretion of the
Environmental Officer:
(a) Directly, with lead department staff.
(b) Contract with another entity, public or private, to prepare
the draft EIR at the project applicant's expense.
(c) Incorporate a final EIR previously prepared and certified
by the City into the project's environmental review where,
in the determination of the Environmental Officer,
previously certified EIR adequately addresses the effects
of the project.
(2) If the draft EIR is to prepared under contract pursuant to
Section 8.C(1)(b) of this Resolution, such contract shall be the
result of a standardized competitive bid process (Request For
Proposal or Qualifications, for example)_ as established by the
Environmental Officer for this purpose.
(2) The Environmental Officer shall require the project applicant to
submit all funds required to prepare the EIR, pursuant to
Section 10.D of this Resolution. Failure to submit required
funds will result in processing time line suspension until such
funds are submitted, and may be cause for project denial.
(3) The Environmental Officer may require the project applicant to
supply information to assist in the preparation of the draft
EIR. Failure to submit requested information will result in
processing time line suspension until such information is
submitted, and may be cause for project denial.
(4) The Environmental Officer shall consider all information or
comments submitted pursuant to Section 15084 of the State
Guidelines. Information may be submitted in any form and may be
referenced, paraphrased or included in whole or in part -in the
draft EIR.
Notice of Completion and Public Review of the Draft EIR
(1) Upon completion of the draft EIR, the Environmental Officer
shall file a Notice of Completion ("NOC") pursuant to Section
15085 of the State Guidelines.
(2) The Environmental Officer may provide public notice of the
availability of the draft EIR at the same time the NOC is
filed. Notice may be mailed to owners of property within 500
feet of the project area and to all organizations and
individuals who have previously requested such notice. Notice
may also be given in any additional manner at the discretion of
the Environmental Officer.
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E.
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(3) The public review period of the draft EIR shall be pursuant to
Section 15087 and shall generally be for a period of forty-five
(45) days from the date of the NOC.
(4) Where a project applicant can provide sufficient information to
show that a shortened public review period is of benefit to the
City and the project, the Environmental Officer shall have the
discretion to make such request to the State Clearinghouse,
pursuant to Section 15087, for a shortened review period of not
less than thirty'(30) days.
(5) Where a project applicant wishes to provide additional
information bearing on the draft EIR or the project, such
information may be incorporated in the draft EIR during this
public review period, pursuant to Section 8.(C)(4) of this
Resolution.
Consideration of the Draft EIR
(1) Upon completion of the public review period, the draft EIR shall
be forwarded to the advisory body, if required, or the
decision-making body, for review and consideration at a public
hearing.
(2) If a public hearing is required for a project action other than
the EIR, said hearing shall be conducted in accordance with
current Santa Clarita Municipal Code procedures and include
mention of the proposed EIR. The EIR shall be considered
concurrently with the project application.
(3) If no public hearing is required for project action other than
the EIR, the Director of Community Development shall, at the
Director's discretion, place the draft EIR on the agenda for
consideration at a public hearing, or properly list the draft
EIR as a consent agenda item for a regularly scheduled meeting
of the decision-making body.
(4) Upon review and consideration of the draft EIR by the advisory
or decision-making body at a public hearing,. but prior to final
action ontheproject, the draft EIR shall be returned to the
Environmental Officer, with comments resulting from such review
and consideration, if any, for the purpose of preparing the
final EIR.
Preparation of the Final EIR
(1) It shall be the responsibility of the Environmental Officer to
prepare the final EIR pursuant to Section 15089 of the State
Guidelines. The final EIR shall include all information
specified in Section 15132, et sea., of the State Guidelines,
and any other information required by the Environmental Officer.
(2) Review of the final EIR by the public or by commenting agencies
before the project is approved may be provided at the
Environmental Officer's discretion.
III
I.
Certification of the Final EIR
(1) Upon completion, the final EIR shall be presented to the
decision-making body and that body shall certify the final EIR
pursuant to Section 15090 of the State Guidelines.
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(2) Where a project is composed of more than one entitlement, and
the Planning Commission is the decision-making body on one or
more of said entitlements, and the City Council is the
decision-making body on the remaining entitlements, each body
shall be responsible for certifying the final EIR for those
entitlements over which it has final approval authority.
(((OR)))
(2) Where a project is composed of more than one entitlement, and
more than one decision-making body is involved in approving such
entitlements, each body shall be responsible for recommending
certification of the final EIR for those entitlements over which
it has advisory responsibility, if any, and for certifying the
final EIR for those entitlements over which it has final
approval authority.
(3) Where a.final EIR has-been prepared for a project which may be
approved at the discretion.of the Director of Community
Development, a resolution to certify the final EIR shall, at the
discretion of the Director, be placed on the agenda of the
Planning Commission for consideration at a public hearing, or be
properly listed as a.consent agenda item of that body.
(4) Where a Statement of Overriding Consideration ("SOC") is
required pursuant to Section 15093 of the Guidelines, the SOC
shall be made part of the final EIR prior to project approval.
(5) Where a final EIR is certified, such certification shall be in
the form of a resolution of the decision-making body.
Notice of Determination
(1) Upon certification of the final EIR, and approval of the project
for which the EIR was prepared, the Environmental Officer shall
file a Notice of Determination ("NOD") pursuant to Section 15094
of the State Guidelines.
(2) The Environmental officer may provide public notice of the
availability of the final EIR at the same time the NOD is
filed. Notice may be mailed to owners of property within 500
feet of the project area.and to all organizations and
individuals who have previously requested such notice. Notice
may also be given in any additional manner at the discretion of
the Environmental Officer.
SECTION 9. Mitigation Monitoring. Program.
(1) Where a Mitigation Monitoring Program ("MMP") is required by the
Negative Declaration or EIR prepared for a project, the MMP
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may/shall be, at the discretion of the Environmental Officer,
made a part of the certified final EIR or Negative Declaration
prior to project approval, or shall be made part of a binding
agreement which shall be recorded, or shall otherwise be
implemented to the satisfaction of the Environmental Officer.
(2) If the required MMP has not been prepared as part of the
preparation of the EIR, the Environmental Officer shall cause
the MMP to be prepared at the expense of the project applicant,
prior to project approval.
SECTION 10. Administration.
A. Environmental Processing Time Periods
Preparation, review and filing of environmental documents and notices
shall be consistent with the time periods provided by the State
Guidelines, the State Clearinghouse, this Resolution,. and other
applicable statutes.
B. Suspension of Time Periods
(1) Pursuant to Section 15109 of the Guidelines, any -delay by a
project applicant in meeting requests by the Environmental
Officer necessary for the preparation of a Notice of Exemption,
Initial Study, Negative Declaration or an EIR shall suspend the
running.of the time periods for project processing for the
period of the delay, at the discretion of the Environmental
Officer. Unreasonable or repeated delays may be cause for
project denial.
(2) Notification that a time period has been suspended may be
provided either verbally or in writing by the Environmental
Officer. If given verbally, a written notice shall also be
provided to the applicant within ten (10) days.
(3) The notification of time period suspension shall contain, at a
minimum, the specific reason(s) for the suspension, the
effective date of the suspension, and the action(s) needed from
the applicant to reinstate the running of the time period.
(4) Time periods shall automatically -be deemed suspended upon
the filing of any appeal of any decision of the Director of
Community Development or the Planning Commission to prepare or
certify, if applicable, a Notice of Exemption, Initial Study,
Negative Declaration or EIR, and shall remain suspended until
the body hearing the appeal renders a decision.
C. Proiects with Short Time Periods for Approval
Where a statute or ordinance requires the City to make decisions on
permits within time limits that are so, short that review of the
project under CEQA would be difficult, the Director of Community
Development shall deem an application for a project not received for
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D.
E.
filing, under the permit statute or ordinance, until such time as
progress toward completing the environmental documentation required
by CEQA is sufficient to enable the City to finish the CEQA process
within the short permit time limit. This Section will apply where
all of the following conditions are met:
(1) The enabling legislation for a program, other than Chapter 4.5
(commencing with Section 65920) of Division 1 of Title 7 of the
Government Code, requires the City to take action on an
application within a specified period of time that is six (6)
months or less;
(2) The enabling legislation provides that the project will become
approved by operation of law if the City fails to take action
within such specified time period; and
(3) The project involves the issuance of a lease, permit, license,
certificate or other entitlement for use.
An example of this would include, but not be limited to, an action
within fifty (50) days on a tentative subdivision map for which an
EIR is being or will be prepared pursuant to Article 2 (commencing
with Section 66452) of Chapter 3, Division 2, Title 2 of the
Government Code, but a Negative Declaration for a subdivision map
must be completed within the fifty (50) day period (see Government
Code Section 66452.1 (c)).
In any case subject to this Section, the environmental document shall
be completed or certified and the decision on the application shall
be made within one (1) year from the date on which an application
requesting approval of such project has been received and accepted as
complete for CEQA processing by the City. This one (1) year time
limit may be extended once for a period not to exceed ninety (90)
days upon consent of the City and the applicant.
Fees
If a project is to be carried out by any person or entity other than
the City, the Environmental Officer shall assess, and such person or
entity shall pay, a reasonable fee to the City to cover the costs of
City CEQA processing. Examples of such fees shall include, but not
be.limited to: administrative costs to review the project pursuant
to CEQA, costs to prepare any document determined by the
Environmental Officer to be necessary for the preparation of the
Initial Study, and costs to prepare a subsequent Negative
Declaration, EIR, Mitigation Monitoring Program or similar document.
Such fees shall be assessed as set forth by resolution of the City
Council and, in the case of preparation of environmental information
under contract by City staff or a third party, by the Director of
Community Development.
Anneals
The decision of the Director of Community Development, with respect
to the Categorical Exemption, Initial Study.determination, approval
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of a Negative Declaration, or certification of an EIR, may be
appealed to the Planning Commission in the same manner that the
decision to approve or disapprove the proposed project may be t
appealed pursuant to current Municipal Code.
SECTION 11. The City Clerk shall certify to the adoption of this
resolution and certify this record to be a full, true, correct copy of the
action taken.
PASSED, APPROVED AND ADOPTED THIS DAY OF 1991.
CARL BOYER, MAYOR
ATTEST:
Donna M. Grindey, CITY CLERK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
City Council of the City of Santa Clarita at a regular meeting thereof, held
on the day of 1991, by the following vote of the
Council:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
Donna M. Grindey, CITY CLERK
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