Loading...
R 1511 . i l~-r:~..-;- ..-"~ ~~'-' . . ---' RESOLUTION NO. 1511 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING AND AMENDING RESOLUTION NO. 1032, OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORT GUIDELINES FOR THE CITY OF ARROYO GRANDE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: WHEREAS, the City Council .hereby approves and adopts the procedures set out as the established objectives, criteria and procedures for the evaluation of projects and preparation of Environmental Impact Reports required by the California Environmental Quality Act of 1970, Public Resources Code, Sections 2100, et seq. Implementation of the Act includes the orderly evaluation of projects and the preparation of Environ- mental Impact Reports, and these objectives, criteria and procedures shall supersede all previous environmental rules and regulations enacted by this Counci I, and WHEREAS, the preservation and enhancement of the environment of the City is the responsibility of every citizen; and it is also the intent of the legislation that all agencies which regulate activities of private individuals, corporations and public agencies which may have affect on the quality of the environment shall regulate such projects so that consideration is given to preventing environmental damage, and WHEREAS, the California Legislature has declared that it shall be the policy to develop and maintain a high quality environment now and in the future, and take all action necessary ~o protect, rehabilitate, and enhance such environmental quality of this CIty and State, and take all action necessary to provide the people of this CIty and State with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise, and prevent the eliminiation of fish or wildlife species due to man's activities, insure that fish and wildlife population do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history; and , ensure that the long-term protection of the environment shall be the guiding I criterion In public decisions; create and maintain conditions under which man and nature can exist In productive harmony to fulfill the social and economic requirements of present and future generations; require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality; require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-yerm benefits and costs, In addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment, and WHEREAS. an Environmental Impact Report is an Informational document which, when fully prepared In accordance with the CEQA and these Guidelines, will Inform public decision-makers and the general public of the environmental effects of projects they propose to carry out or approve. The fiR process Is Intended to enable public agencies to evaluate a project to determine whether It may have a significant effect on the environment, examine and Institute methods of reducing adverse Impacts, and consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project. AN ErR may not be used as an instrument to rationalize approval of a project, nor do Indications of adverse impact, as enunciated In an EIR, requlr~. that a project be disapproved -- public agencies retain existing authority to balance environmental objectives with economic and social objectives, and _. -- --_._---~- ---.- . ~.">."'...._-,.,.." A'"~'_ . ,_. . , - . ~*d)/. 15/1 EXHIBIT A CITY OF ARROYO GRANDE ENVIRONMENTAL REVIEW PROCEDURES AND GUIDELINES SECT! ON I. Genera 1 A. City Council Declaration of Policy 1. Declaration. The City Council declares that: a. Each citizen has a responsibility to participate in the preservation and enhancement of the natural and man-made environment of the city. b. It is the intent of the City Council that departments of the city which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment shall regulate such activites so that major consideration is given to preventing environmental damage. 2. Po I i cy . The Ci ty Counci I further declares that i t is the policy of the city to: a. Develop and maintain a natural man-made environment of high quality, now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the ci ty. b. Take all action necessary to provide Arroyo Grande with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. c. Prevent the elimination of fish, wildlife, or plant species due to man's activities, ensure that fish, wildlife, or plant species do not drop below self perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major peri~ds of city history. d. Ensure that the long-term protection of the environment shall be the guiding criterion in public decisions. . I ------ .".w_ -- " , - , e. Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. f. Require the various departments of the city and private developers to consider qualitative factors as well as economic and technical factors and long-term benefits and costs in addition to short- term benefits and costs and to consider alternatives to proposed actions affecting the environment. g. Require the various departments of the city to develop standards and procedures necessary to protect environmental quality. 3. A. Adoption. The City Council hereby adopts this document entitled "Environmental Review Procedures and Guidelines" as the procedural guide for implementing the provisions of Division 6, Title 14, Sections 15000-15166, of the California Administrative Code. The City Council also hereby adopts the State EIR Guidelines by incorporation by reference. B. Purpose. The purpose of these guidelines is to provide the city and anyone intending to carry out a project within the city with objectives, criteria, and procedures to be used in the implementation of the California Environmental Quality Act of 1970, as amended. C. Administration. The Planning Director shall administer and coordinate proceedings undertaken by the city pursuant to these guidelines, the California Environmental Quality Act (CEQA) , and the state environmental report (EIR) guidelines. The Director's duties include the following: 1. Preparing initial environmental studies, notices, and certificates required by these guidelines. 2. Determining when a project is categorically exempt and preparing the notice of exemption as required by these guidelines. 3. Preparing Negative Declarations subject to the review and con- sideration of the decision-making body. 4. Identifying the subjects to be addressed by the EIR. 5. Preparing the ErR or supervising the preparation by city staff or by independent environmental consultants hired by the city. 6. Reviewing draft ErRs to determine: . a. That they are complete ilnd adequately address important environmental issues; b. 'l'hat they have been prepared consistf'nt with city and state EIR guidelines; c. That they are acceptable for distribution to the public and governmental agencies for review i'lnd cnmment.. -- -- . 7. Other duties as specified in other sections of these guidelines, and as from time to time may be assigned by the City Council. D. Decision Making Body. Decision Making Bod~ means any person or group of people within a public agency permitted by law to approve or disapprove the project at issue. The City Council is the decision making body for the following projects: 1. Rezoning. 2. General Plan Amendments. 3. Annexations. The Planning Commission is the decision making body for the following projects: 1. Tentative Subdivision Maps. 2. Parcel Maps. 3. Use Permits. 4. Variances. These lists are not all-inclusive and where the Planning Commission is required to make a recommendation on a project to the City Council, the Planning Commission shall also review and consider the EIR or Negative Declaration. SECTION II. ~roiects Which Are Exempted from Environmental Consideration. A. Emergency Projects. The following emergency projects are exempt from the requirements of CEQA and these guidelines, and environmental documents are not required. l. Projects undertaken, carried out or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. 2. Emergency repairs to public service facilities necessary to maintain service. 3. Projects undertaken as specific action necessary to prevent or mitigate an emergency. . D. Ministerial Projects. Ministerial projects are exempt from the requirements ---_.- of CEQA and these guidelines, and environmental documents are not required. The Planning Director shall determine which projects are ministerial on a case-by-case 'basis. It is ~nticipated that the following actions will, in most cases, be ministerial in nature. ._--~--~,-,- - " -- I. Issuance of building permits for projects which have previously been reviewed as to whether or not an EIR shall be required. z. Issuance of business licenses. 3. Issuance of home occupation permits. LI. Approval of final subdivision maps, provided a determination has been made as to whether or not the preceding tentative map requires an EIR. 5. Approval of individual utility service connections and disconnections. C. Categorical Exemptions. It has been determined by the Secretary for Resources that the classes of projects listed in Section 15100 of the State EIR Guidelines have no significant impact on the environment and therefore are categorically exempt from the requirements of CEQA and these guidelines. SECTION III. Environmental Evaluation Process. The Environmentdl Evaluation Process, as conducted by the City, is shown by a Flow Chart, Appendix , and is explained in the following section. A. Request for Permit or Project Approval. When the city is reques ted to issue a permit, license, approval or other entitlement for a project. the Planning Director shall review the proposed project and determine if any of the folloltJing applies: 1. Emergency or Ministerial Project. If the project is determined to be an emergency project or a ministerial project, further en~ironmental evaluation is not required. 2. Categorically Exempt. If the project is determined to be categorically exempt from the requirements of CEQA as listed in these guidelines, further evaluation is not required. 3. Notice of Exemption!a)When a public agency determines that a project is exempt from the requirements of CEQA and the public agency approves or determines to carry out the project, it may file a notice of exemption. Such a notice shall include: . - ._'--~ ---, '. - --. 1. A brief description of the project, 2. A finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt, and 3. A brief statement of reasons to support the findings. (b) Whenever a pub1ic agency approves an app1icant's project, it or the applicant may fi1e a notice of exemption. The notice of exemption filed by an applicant sha11 contain the information required in subdivision (a) above, together with a certified document issued by the pub1ic agency stating that it has found the project to be exempt. This may be a certified copy of an existing document or record of the pub1ic agency. (c) When a 10ca1 agency files this notice, the notice of exemption wi11 be filed with the county c1erk of the county or counties in which the project wi II be 10cated. Copies of all such notices wi11 be availab1e for public inspection and a list of such notices shall be posted on a weekly basis in the office of the county clerk. Each such list shall remain posted for a period of 30 days. (d) The filing of a Notice of Exemption starts a 35 day statute of limitations period on 1ega1 challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 day statute of limitations wi11 app1y. SECT! ON IV. Procedures for the Conduct of Initia1 Studies. (a) If a project is subject to the requirements of CEQA and not exempted by these Guidelines, the City sha11 conduct an Initial Study to determine if the project may have a significant effect on the environment unless the City can determine that the project will clearly have a significant effect. If any aspects of the project, either individually or cumulative1y, may cause a significant effect on the environment, regardless of whether the overa11 effect of the project is adverse or beneficial, then an fiR must be prepared. All phases of project planning, implementation, and operation must be , considered in the Initial Study of the project. / "' ------------r-"-~-- --. _. -- (b) Purposes. The purposes of an Initial Study are to: 1. Identify environmental Impacts; 2. Enable an applicant or Lead Agency to modify a project. mitigating adverse impacts before an EIR is written; 3. Focus an EIR, if one is required, on potentially significant environmental effects; 4. Facilitate environmental assessment early in the design of a project; 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; 6. Eliminate unnecessary EIRs. (c;) Contents. An Initial Study shall contain in brief form: 1- A description of the project including the location of the project; 2. An identification of the environmental setting; 3. An identification of environmental effects by use of a checklist, matrix, or other method; 4. A discussion of ways to mitigate the significant effects identified. if any; 5. An examination of whether the project is compatible with existing zoning and plans; 6. The name of the person or persons who prepared or participated in the Initial Study. (d) Uses. - 1. The In it i a I Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. 2. Where a project is revised in response to an Ini t ial Study so that potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Oeclaration sha 11 be prepared instead of an EIR. If the project would still result in one or more significant effects on the environment after mitigation measures are added to the project, an EIR shall be prepared. .. ~ -. 3. The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. (f) Consultation. As soon as the City has determined that a project is not exempt and that an initial study will be required to determine whether a Negative Declaration or an EIR is required, the City shall consult with all responsible agencies and all trustee agencies responsible for resources affected by the project as required by Section 15066(b). SECTI ON V. Provisions for the Preparation of Negative Dectarations. (a) Genera 1. A Negative Declaration shall be prepared for a project which could potentially have a significant effect on the environment, but which the City finds on the basis of an Initial Study wi 11 not have a significant effect on the environment. (b) Consultation. Before completing a Negative Oeclaration, the Ci ty shall consult with all responsible agencies pursuant to Section 15066. This consultation may take place during the public review period required by Subsection (e) of this section. (c) Contents. A Negative Declaration shall include: 1. A brief description of the project; including a commonly used name for the project If any; 2. The location of the project and the name of the project proponent; 3. A finding that the project will not have a significant effect on the environment; 4. An attached copy of the Initial Study documenting reasons to support the finding. 5. Mitigation measures, I f any, included in the project avoid potentially significant effects. , .J .~"-- ~ -., (d) Notice. 1. Notice of the preparation on a Negative Declaration shall be provided to the public within a reasonable period of time prior to final adoption by the public agency of the Negative Declaration. Notice shall be given to all organizations and indJviduals who have previously requested such notice and shall also be given by at least one of the following procedures: A. Publication, no fewer times than required by Section 6061 of the Government Code, by the City in a newspap~r of general circulation in the area affected by the proposed project. B. Posting of notice by the City on and off site in the area where the project is to be located. C. Direct mai 1 ing to owners of property contiguous 'to the project. 2. The alternatives for providing notice specified in subsection (1) shall not preclude a public agency from providing additional notice by other means if such agency so desires. nor shall the requirements of this section preclude a public agency from providing the public notice required herein at the same time and in the same manner as public notice otherwise required by law for such project. 3. The noticed review period shall be long enough to provide members of the public with sufficient time to respond to the proposed finding before the Negative Declarations are contained in Sections 15161.5, 15161.6, 15162 and 15164. (e) Consideration. Prior to approving the project. the decision-making body shall consider the Negative Declaration together with any conm~nts received during,the public review process and approve or disapprove the Negative Declaration. (f) Where an advisory body such as a planning commission is required to make a recommendation on a project to the decision making body, the advisory body shall also review and consider the EIR or Npqative Declaration. , ; --..--------...--..-- . .- ~ . (g) Notice of Determination. 1. After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the City s ha 11 file a Notice of Determination. 2. The Notice of Determination shall include: A. An identification of the project including its common name where possible and its location. B. A brief description of the project. C. The date on which the .City approved the project. D. The determination of the City that the project will not have a significant effect on the environment. E. A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA. F. The address where a copy of the Negative Declaration may be examined. 3. If the Lead Agency is a local agency, the Notice of Determination shall be filed with the county clerk of the county or counties in which the project will be located. If the project requires a discretionary approval from any state agency, the Notice of Determination also shall be filed with the Secretary for Resources. SECT! ON V t. Provisions for the Preparation of EIR~ The following steps shall be followed after the City decides to prepare an EIR. (a) Genera I. When the City decides that an EIR will be required for a project, it shall follow the procedures in this section. ( b) Early Consultation. . 1. After determining that an EIR will be required for a project, the Ci ty shall send a Notice of Preparation to each responsible agency and Trustee Agency responsible for resources affected by the project and consult with those agencies as required by Section 15066. 2. Prior to completing the draft EIR, the City should also consult drrectly with any person or organization it believes will be concerned with the environmental effects of the project. Tho decision making body shall conduct a public hearing prior to the proparation of an ErR to determine the significant issues to be discussed and to allow public input into the p:'Cocess. " ~ - ~ : 3. For projects where federal involvement might require preparation of a federal EIS, the City under the CEQA shall consult with the appropriate federal agencies as provided in Section 15063. (c) Notice of Completion. As soon as the draft EIR is completed. a notice of completion must be filed with the Secretary for the Resources Agency. The notice shall include a brief description of the project, its proposed location, and an address where copies of the EIR are available and the period during which comments will be received. The Notice of Completion will provide the basis for information published by the Secretary for the Resources in an EIR Monitor. Where the EIR will be reviewed through the State review process handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion, and no Notice of Completion need be sent to the Resources Agency. (d) Public Review. 1. After completing a draft EIR, the City shall consult with and obtain comments from public agencies having jurisdiction by law with respect to the project and should consult with persons having special expertise with respect to any environmental impact Involved. The City shali provide the general public with an opportunity to comment on the ErR. 2. The City shall provide public notice of the completion of a draft EIR at the same time as it sends a Notice of Completion to the Resources Agency. Notice shall be given to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following procedures: A. Publication, no fewer times than required by Section 6061 of the Government Code. by the public agency in a newspaper of general circulation in the area affected by the proposed project. . I , , - I B. Posting of notice by the public agency on and off the site in the area where the project is to be located. C . Direct mailing to owners of property contiguous to the project. 4. Public agencies shall use the State Clearinghouse to distribute EIRs and other environmenta' documents to state agencies for review and shou1d use areawide c1earinghouses to distribute the documents to regional and loca1 agencies. $. To make copies of EIRs avai'ab'e to the public, the City shou1d furnish copies of draft EIRs to appropriate pub1ic library systems. 6. The City sho~ld compile 1istings of other agencies, particularly local agenci~s which have jurisdiction by law and/or specia1 expertise with respect to various projects and project locations. Such listings should be a guide in determining which agencies should be consulted with regard to a particular project. 7. Public hearings shall be conducted on the environmental documents, either in separate proceedings or in conjunction with other proceedings of the City. (e) Evaluation by Lead Agency. The Lead Agency sha11 eva1uate comments received from persons who reviewed the draft EIR. (F) Preparation of Final EIR. The City shall prepare a final EIR. The contents of a final EIR are specified in Section 15146 of these Guidel ine~. (g) Certification of Final EIR. The final EIR shall be presented to the decision-making body of the City. The Lead Agency sha'l certify that the fina' EIR has been comp'eted in compliance with CEQA and the state guidelines and that the decision-making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the EIR prior to the approval of the project. (h) Notice of Determination. 1. After approving a project for which an EIR has been prepared, the City shed 1 file a Notice of Determination. Such notice shall , include: ) . , ~, - : '. A. An identification of the project including its common name where possible and its location. B. A brief description of the project. C. The date when the agency approved the project. D. The determination of the City whether the project in its approved form will have a significant effect on the env i ronmen t . E. A statement that an EIR was prepa"red and certified pursuant to the provisions of CEQA. F. Whether mitigation measures were made a condition of the approval of the project: G. Whether a Statement of Overriding Considerations was adopted for the' project. H. The address where a copy of the EIR and the record of project approval may be examined. 2. If the lead Agency is a state agency, the Notice of Determination shall be fi led with the Secretary for Resources. 3. If the Lead Agency is a local agency, the Notice of Determination shall be filed with the county clerk of the county or counties in which the project would be located. If the project requires discretionary approval from a state agency, the Notice shall also be filed with the Secretary for Resources. 4. The filing of the Notice of Determination starts a 30 day statute of limitations on court challenges to the approval under CEQA. (Public Resources Code Section 21167(c)). (i) Responsibility for Preparation of the EIR. I. The fiR shall be prepared by the Planning Department or by an independent environmental consultant hired by the City. The applicant is responsible for all cost incurred in developing the E I R. Refer to Appendix for procedure for consultant preparation of an fiR. , ~"""''''"''''- , ,- ,. '. ..... , SECTION VII. CEQA Time Limits. (a) When the City is acting as a Lead Agency for a project for which the City will grant a lease, license, permit, certificate, or other entitlement for use, the agency shall complete and certify an EIR in not more than one year or complete a Negative Declaration in not more than 105 days. 1. Completion of a Negative Declaration within a 105 day period sha 11 include the conduct of an initial study, public review, and the preparation of a document ready for approval by the decision-making body of the public agency. Completion within the 105 day period need not include the approval of the Negative Declaration by the decision-making body. Prior to approving a project, the decision-making body shall consider and approve the Negative Declaration. 2. Different time limits may be established for different types of projects subject to the 105 day and one year maximum time limits. 3. The time limits shall be measured from the date on which an application requesting approval for the project is received and accepted as complete by the agency. State agencies are required to adopt lists and criteria by which to determine the completeness of an application. (Government Code Sections 65940 and 65941.) Local agencies may adopt lists and criteria by which to determine the completeness of applications. Different lists and criteria may be developed for different kinds of projects. I.. The procedures may provide for a reasonable extension of the CEQA time periods under this subsection in the event that compelling circumstances justify additional time and the project applicant agrees to the extension. S. The City may waive the one year time period or the 105 day period if all the following conditions occur: A. The project wi II require both an EIR or a Negative Declaration under CEQA and an EIS or a Finding of No Significant Impact . under the National Environmental Policy Act, , , ..... . '. B. Additiona1 time will be required to prepare a combined EIR-EIS or a combined Negative Declaration under both laws, C. The time required to prepare such a combined document wou ld be less than the time required to prepare each document deparately. and D. The applicant has requested or consented to the w8lver. If the Lead Agency waives the time periods as provided in Subsection 5, the lead Agency must approve or disapprove the project within 60 days after the combined document under CEQA and NEPA has been completed. (Government Code Section 65951). 6. Within 45 days after accepting an application as complete for a project involving issuance of a lease, permit, license, certificate, or other entitlement for use, a lead Agency shall make an initial determination of whether the project will need an EIR or a Negative Declaration. 7. A Lead Agency shall convene a meeting with one or more Responsible Agencies to discuss the scope and content of a proposed fiR as soon as possible but not later than 30 days after the meeting is requested as provided in Section l5066(e). . -.-------.-.-- ~' --.- . - .~ " ~ . . . , APPENDIX A CEQA PROCESS FLOW CHART Public agency determines whether the activity is a - Not a project _ _ _ _ _ _ _, "project" . 1 Project " . Public agency determines if - Statuto,'Y exemption - - - ____, . the project is exempt - Categorical exemption - - _/- - Not exempt Public agency evaluates project to determine if there is a possibility _ No po~sible significant _ _ __ that the project may have a sig- effect nificant effect on environment No further action Possible significant effect required under Determination of lead agency where CEQA more than 1 public agency is involved Responsible agency .. . - . , L '. Consultation . . ....:; .: '~ Negative Declaration Lead agency sends Notice of Respond to Notice of Pre- preparation to responsible agency paration as to contents of Consultation draft EIR Lead agency prepares draft EIR Lead agency files Notice of Com- Lead agency gives public pletion and gives public notice of notice of availability Comments on adequacy of availability of draft EIR of Negative Declaration draft EIR or Negative Declaration Public review period Public J'.W pe"cd Lead agency prepares final EIR . including responses to comments on draft EIR Decision making body considers Consideration and approval of Consideration and approval final EIR or Negative Declaration final fIR by decision making of Negative Declaration prepared by lead agency body by decision making body Findings on feasibility of reducing Findings on feasibJity of reducing or avoiding significant environ- or avoiding significant environ- mental effects mental effects State agencies Local agencies State agencies Local agencies File Notice of Pile Notice of File Notice of File Notice of Determination with Determination with Determination with Determination with Secretary for Resources County Clerk Secretary for Resources County Clerk NOTE: This flow chart is intended merely to illustrate the EIR process contemplated by these Guidelines. The language contained in the Guidelines controls in case of discrepancies. --~- ~--"'---'----- , .. 073 , ~'* ,~ 1'UJ -{SII WHEREAS, the early preparation of an EIR is a useful planning tool to enable environmental constraints and opportunities to be considered before project plans are finalized. EIRs should be prepared as early in the planning process as possible to enable environmental considerations to influence project program or design. NOW, THEREFORE, BE IT RESOLVED that the City Council does adopt objectives, criteria and procedures as outlined in Exhibit A. On motion of Council Member Vandeveer, seconded by Council ~. Member Smith, and on the following roll call vote, to wit: AYES: Council Members Smith, Hogan, Millis,. Vandeveer, Mayor Pope NOES: None ABSENT: None - the foregoing Resolution was passed and adopted this 24th day of November, 1981. ATTEST: &t~az) , DEPUT Y CLERK i ! -'