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HomeMy WebLinkAbout1991-04-09 - RESOLUTIONS - ADOPTA CEQA 1990 AS AMENDED (2)RESOLUTION NO. 91-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING LOCAL GUIDELINES AND PROCEDURES FOR IMPLEMENTATION OF THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 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 be 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. The term "discretionary" as used in this Resolution shall mean an action or project which requires the exercise of judgement or deliberation when the decision-making body decides to approve or disapprove a particular activity, as distinguished from situations where the decision-making body merely has to determine whether there has been conformance with applicable statutes, ordinances or regulations. 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 "ministerial" as used in this Resolution shall mean an action or project which involves little or no exercise of judgement by the decision-making body or a public official as to the wisdom or manner of carrying out the project, but instead uses the administrative application of law to determine whether there has been conformance with applicable statutes, ordinances, regulations, fixed standards or objective measurements in reaching a decision to approve or disapprove a particular activity. 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 or as further defined in this Resolution. 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, but excepting the environmental review of such projects pursuant to CEQA. SECTION 4. Delegation of Responsibility. A. 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; conducting preliminary review to determine is application is a project under CEQA; review of the project for completeness; determine the level of environmental review of the project in accordance with the State Guidelines, City Council policy and as defined in this Resolution; 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. The Environmental Officer shall be readily available for consultation with Responsible Officers and Departments. B. 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 make a preliminary determination of whether or not the project qualifies for exemption from environmental review pursuant to Section 5 of this Resolution. The Responsible Officer or department shall submit such determination to the Environmental Officer for final 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. The Responsible Officer or Department shall submit in a timely manner all project information needed by the Environmental Officer to conduct such review. SECTION 5. Exemptions From Environmental Review. 0- A. Review For Exemption. 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 in Section 5.B. 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. B. Ministerial Project Exemptions The following projects are typically ministerial: (1) Building permits for all structures that are not considered buildings as identified in the Santa Clarita Municipal Code, such as walls and fences less than six feet in height, playground equipment, flagpoles, and similar appurtenant structures, but excluding parking structures more than one level above grade, and bridges. (2) Building permits for all: .^ (a) Addition(s) to an existing, occupied single-family residence which is in compliance with applicable ordinances, and which will not result in the creation of a second unit. (b) Single-family residences within subdivisions which ^ have previously received environmental review and certification, or those which do not exceed three (3) residential units in a subdivision which has not received environmental review and certification. (c) Multi -family residences approved under application(s) or entitlement(s) which have previously received environmental review and certification, or those which do not exceed more than six (6) units if not constructed in conjunction with two (2) or more buildings under application(s) or entitlement(s) which have not received environmental review and certification. (d) Addition(s) to existing commercial, institutional and industrial buildings which do not exceed 15,000 square feet. (e) New commercial, institutional and industrial buildings which do not exceed a floor area of 15,000 square feet, if not constructed in conjunction with the building of four (4) or more such structures. (3) Certificates of Compliance, issued in accordance with allowed land -use regulations for the zone and conditions of ^ the project. (4) Certificates of Occupancy, issued in accordance with allowed land -use regulations for the zone and conditions of the project. (5) Construction Fencing. (6) Curb, Gutter or Sidewalk Construction or Reconstruction. (7) Demolition permits for removal of structures with no historical, archaeological or historical significance and which are not part of the initial phase of a proposed project. (8) Driveway Construction or Reconstruction. (9) Encroachment Permits (Code Regulated). (10) Electrical Permits. (11) Final Tract Maps (except for those Final Tract Maps filed on Tentative Tract Maps and Vesting Tentative Tract Maps approved by another jurisdiction after December 15, 1987, ^ pursuant to Section 66413 of the Subdivision Map Act). (12) Fire Extinguisher Systems and Alarms. (13) Fire Hydrant Installations. (14) Heating, Air Conditioning, Refrigeration Installations. (15) Heavy Hauling not otherwise connected to a discretionary project or approval. (16) House Movings. (17) Individual Water Service Installations. (18) 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 B(2) above. (19) Plumbing Permits. (20) Sign Permits issued in accordance with the governing regulations for the zone and conditions of the project and not otherwise subject to discretionary approval. (21) Soil Borings. (22) Street Lights. (23) Utility Installations/Disconnections. (24) 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. C. Categorical Exemption Exceptions This Resolution specifically reinforces that the State Guidelines allow for exceptions to the categorical exemptions listed in Article 19, and listed ministerial exemptions. Pursuant to Section 15300.2, and as amended by this Resolution, these exceptions are based on: (1) Location. (2) Cumulative Impact. (3) Significant Effect. (4) Local Conditions. D. Projects Which Are Specifically Not Exempt Projects which are specifically found not to be exempt from environmental review and which do not otherwise qualify for ^ ministerial exemption and for which an Initial Study shall be prepared include, but are not limited to, the following: (1) Amendments to the zoning text of the 'Santa Clarita Municipal Code" not otherwise exempted by Sections 15061(b) and 15260 - 15329 of the State Guidelines or this Resolution. (2) Amendments to the City zoning map. (3) Adoption or amendment of the map or text of the General Plan or any element thereof. (4) Franchises. (5) Conditional Use Permits for projects not otherwise listed as exempt per Section S.B, Development and/or Annexation Agreements, Hillside Development Review Permits for projects not otherwise listed as exempt per Section S.B, Plot Plans for projects not otherwise listed as exempt per Section S.B, 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 5.0 of this Resolution. (6) 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. SECTION 6. Initial Study Procedure. A. Initial Study Purpose The Initial Study shall be used to provide a written determination of whether a project may have a significant effect on the environment and whether a Negative Declaration of environmental impact or an Environmental Impact Report ("EIR") shall be prepared. 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) Where a state or federal responsible or trustee agency requests that the City prepare an Initial Study for a project not normally requiring environmental review by the City, the Initial Study may be prepared at the Environmental Officer's discretion. B. 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, with or without revision or mitigation, may cause or result in a significant effect on the environment, the Environmental Officer shall cause a Negative 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. C. Determinina Significant Effect Determination of significant effect on the environment shall be made by the Environmental Officer pursuant to Section 15064 of the State Guidelines, and as set forth in Section 6.D of this �^ Resolution. D. Thresholds of Significant Effect (1) Where it is identified that approval of a project would cause one or more minimum thresholds of significant effect to be exceeded, the project shall be determined to have a significant effect on the environment. In such cases, the applicant shall be required to mitigate the significant effect(s) of the project in one or more of the following ways: (a) Project modification or revision; (b) Identification and incorporation of mitigation measures; (c) Additional environmental analysis. (2) Thresholds of significance include, but are not limited to, the following: (a) Traffic increases at any location where the volume -to -capacity (V/C) ratio increases more than two r^ percentage points (0.02) and where the final ratio is less than 89 percent (0.89; Level of Service E). (b) Traffic increases at any location where the V/C ratio increases more than one percentage point (0.01) and where the final ratio is 90 percent (0.90; Level of Service F) or greater. r� (c) Removal of any heritage oak tree, or removal of more than three (3) oak trees, proposed as part of a project. (d) Disturbance of, or encroachment into, any river, river tributary, riparian habitat, stream or similar waterway identified on an United States Geologic Survey map as a "blue -line" watercourse, or any waterway otherwise identified as a significant resource by the City of Santa Clarita. (e) Disturbance of any habitat known or suspected to contain a plant or animal species listed as endangered on such Federal and/or State lists. (f) Movement or grading of earth in an amount of 10,000 cubic yards or more, where such grading may impact because of the amount or character of the grading activity, an area, landform or habitat, identified as a significant resource by the City of Santa Clarita. SECTION 7. Negative Declaration Procedure. A. Neeative Declaration Type ^ (1) A proposed Negative Declaration for a project shall be 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 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. B. Notice of Preparation (1) A Notice of Preparation ("NOP") for a Negative Declaration shall be prepared pursuant to the State Guidelines, and shall include any additional information as may be required by the Environmental Officer. (1) Upon completion, the Negative Declaration shall be ^ forwarded to 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 r. 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 decision-making body 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, or with the filing of a Notice of Determination for the project. SECTION 8. Environmental Impact Report Procedure. A. 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, the Responsible Officer, or the Responsible Department. (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. B. 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 and City staff, at the project applicant's expense. (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, the 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 City procedures or by the Environmental Officer for this purpose. (3) 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. (4) 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. (5) 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. .M. M ., nm a T T.WWM - (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) In addition to noticing requirements of Section 15086 of the State Guidelines, 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. (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. � •: (1) Upon completion of the public review period, the draft EIR shall be forwarded to 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) Upon review and consideration of the draft EIR by the decision-making body at a public hearing, but prior to final action on the project, 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. E. 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 sec., of the State Guidelines, and any other information required by the Environmental Officer. (2) Review of the final EIR by the public and/or by commenting agencies before the project is approved may be provided at the Environmental Officer's discretion. F. Certification of the Final EIR (1) Upon its 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. (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 is certified, such certification shall be in the form of a resolution of the decision-making body. (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 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 Negative Declaration or 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. (1) Pursuant to Section 15109 of the State 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 a decision-making body 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 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. D. Fees If a project is to be carried out by any person or entity other than the City, the Director of Community Development 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. E. Appeals The decision of the Environmental Officer, with respect to the Categorical Exemption, Initial Study determination, approval of a Negative Declaration, or decision to require an EIR or the level of analysis 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 appealed pursuant to the Santa Clarita Municipal Code. The final decision on an appeal ^ relating to the CEQA determination on a project rests with the decision-making body which has final authority for approval or denial of that project . 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 9th DAY OF April , 1991. CARL BOYER, MAYOR ATTEST 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 9th day of April 1991, by the following vote of the Council: AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, Boyer NOES: COUNCILMENBERS: Nate ABSENT: COUNCILMEMBERS: McKeon onna M. Grindey, CITY CLERK