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HomeMy WebLinkAbout81-195 - ResolutionsRESOLUTION NO. 81-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING CITY ENVIRONMENTAL GUIDELINES AND ADOPTING BY REF- ERENCE THE STATE ENVIRONMENTAL GUIDELINES AS CONTAINED IN SECTION 15000 OF THE CALIFORNIA ADMINISTRATIVE CODE WHEREAS, the State of California has enacted the California Environmental Quality Act (CEQA) to provide decisionmakers with useful information on how government actions affect the environment; and, WHEREAS, the State of California has developed environmental guidelines for the implementation of CEQA; and, WHEREAS, the state guidelines only provide basic criteria and direction which requires local agencies to prepare and adopt additional guidelines for environmental processing within its boundaries. WHEREAS, the City Planning Commission has recommended adoption of City Environmental Guidelines. SECTION 1: Therefore, the City Council hereby finds the following: That additional guidelines are needed to supplement the State EIR Guidelines for proper implementation of CEQA. SECTION 2: The City Council hereby adopts the State Environ- mental Review Guidelines by incorporation by reference as now contained in Section 15000 et. seq. of Title 14 of the California Administrative Code and as hereafter amended. Further, to supplement the State EIR Guidelines for proper implementation of CEQA, the City Council hereby adopts the additional guidelines attached hereto. SECTION 3: The Planning Commission and City Council are hereby designated as the local agency for purposes of implementing the State EIR Guidelines, as supplemented. PASSED, APPROVED, and ADOPTED this 16th day of December, 1981. AYES: Frost, Mikels, Bridge, Schlosser NOES: None ABSENT: Palombo ATTEST: Lauren M. Wasserman, City Clerk ENVIRONMENTAL GUIDELINES O Gx3CAMQ47C;>~O7 1977 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF RANCHO CUCAMONGA ENVIRONMENTAL GUIDELINES CONTENTS California Environmental Quality Act (CEQA) Initial Study/Negative Declaration Process Environmental impact Report Process Page 1 2-3 3-6 APPENDIX Flow Chart Environmental Assessment Notice Negative Declaration Notice of Preparation Notice of Completion Notice of Determination ENVIRONMENTAL REVIEW HANDBOOK The purpose of this handbook is to acquaint the user with the procedures, policies, and administrative tools used to implement the California En- vironmental Quality Act (CEQA) in the City of Rancho Cucamonga. The in- tent of this information is to give the applicant a clear and accurate explanation of the Environmental Review process and its relationship to the State Environmental Law and the City's development review process. CEQA - A BRIEF HISTORY In 1970, the California Environmental Quality Act (CEQA) was passed and signed into law. The Act required that Environmental Impact Reports be prepared for projects in actions which could have a significant impact on the environment. During its first few years, the Act was interpreted as applying only to projects constructed or carried out by governmental agencies. In 1972, the California Supreme Court decided that the term "projects" includes private projects, which are subject to public agency review and regulation. Following this decision, the legislature amended the definition of "project" to include private activities that are sub- ject to governmental review and approval. The State Resources Agency prepared guidelines for the implementation of CEQA by local public agencies. The State Guidelines are binding on all local agencies. However, they are general guidelines and only provide the basic principles, objectives, criteria, and definitions which indi- vidual agencies shall adopt for internal use in implementing CEQA at the local level. The Guidelines allow individual agencies to develop their own review process within the limits of CEQA. The City of Rancho Cucamonga has adopted the State Guidelines by reference and has developed an environmental review procedure within the parameters of CEQA and the State Guidelines. This handbook is designed to be an addendum to the State Guidelines, which will outline Rancho Cucamonga's specific environ- mental review procedures. CEQA divides projects into two categories; discretionary and ministerial. A Discretionary project is an activity, which requires judgement deliber- ation, or decision by the public agency, prior to approval. Ministerial projects require a public agency to issue permits that do not require judgement or deliberation. The City of Rancho Cucamonga has determined that such acti'vities as approval of final subdivision maps, issuance of building permits, issuance of business licenses, issuance of tree removal permits, issuance of encroachment permits, ~nd approval of individual utility con- nections are ministerial projects and do not require environmental review. Certain types of activities, including those that are classified as small scale discretionary projects, have been predetermined not to have a significant effect on the environment, and are designated as a "cate- gorical exemption" from environmental review. These "categorical exemptions" are specifically listed in the State Guidelines. Environ- mental review is not required for categorically exempt activities or for ministerial projects. All discretionary projects require environ- mental review and/or clearance. INITIAL STUDY/NEGATIVE DECLARATION PROCESS Initial Study Questionnaire After it has been determined that a project required environmental review, the next step in the process is the completion of the Initial Study Questionnaire. The Initial Study Questionnaire is divided into two parts. Part I is completed by the applicant, Part II is completed by the Planning Division staff. The purpose of Part I is to gather }eneral information about the proposed project, its environmental set- ting, and the type of impacts the project might be expected to have on the environment. Part II is a checklist containing a list of possible impacts. This checklist is completed by the Planning staff in conjunction with a field investigation and is used to gather and organize information on potential environmental impacts of a proposed project. The Initial Study shall be completed within fqurty-five (45) days from the date of acceptance of a complete application, unless a continuance or waiver is granted by the applicant. Staff Recommendation The completed Initial Study forms the basis for one of the follot.:ing staff findings: The proposed project may have a significant impact on the environ- ment. This finding forms the basis for a staff recommendation that an Environmental Impact Report (E.I.R.) or an expanded Initial Study be prepared for the project. The proposed project will not have a significant impact on the environment. This finding forms the basis for a staff recommend- ation that a Negative Declaration be approved for the project. The proposed project will not have a significant impact, if certain mitigation measures are added to the project. This finding forms the basis for a staff recommendation that a Negative Declaration be approved, provided that specific mitigation measures are incorporated into the project. -2- Planning Commission Review The staff recommendation will be advertised in the newspaper ten (lO} days prior to the Planning Commission meeting, in the form of an Environmental Assessment Notice. The notice shall provide a full description of the project and staff's recommendation. The Staff Report and Part I of the Initial Study are presented to the Planning Commission at a regular meeting. The P1 arming Commission may take one of the following actions: 1. Require the preparation of an E.I.R. 2. Issue a Negative Declaration (finding no significant impact) with or without mitigation measures 3. Require that additional imformation be supplied prior to taking further action. If a Negative Declaration is appr~ved, formal notification is sent to the applicant. A signed, approveo copy of the Negative Declaration including both parts of the Initial Study, is sent to the San Bernardino County Clerk of the Board of Supervisors. After making the decision to carry out or approve the project for which a Negative Declaration has been prepared, a Notice of Determination is sent to the County Clerk. When a Negative Declaration is approved, the Environmental Process is completed, unless the decision is appealed to the City Council. In some cases, a project approval or issuance of a Negative Declaration, must be completed by the City Council, upon recommendation from the Planning Commission. In those cases, the Negative Declaration shall be signed by Council and sent after Council approval. Appeal to City Council Any environmental determination by the Planning Commission may be appealed in writing and filing appropriate fee to City Council, by any affected party within fourteen (14) days from the Commission's decision. After deliberation, the City Council may uphold or reverse the decision of the Planning Commission, or take any of the actions listed under the Planning Commission review section. ENVIRON~ENTAL IMPACT REPORT PROCESS Determination that an E.I.R. is Required After reviewing the Initial Study and the staff recommendation, the Planning Commission may determine that an E.I.R. is required. The -3- determination of the Commission shall be made at a public hearing which has been lawfully advertised. During the public hearing, the ~ommission shall receive any public imput on the scope and content of the E.I.R. The P1 anning Commission, as part of their determination, shall discuss the ~cus of the E.I.R. The concerns voiced by the ~mmission and those received through the Notice of Preparation shall ~rm the basis of the E.I.R. Notice of Preparation Once the decision has been made to require an E.I.R. a"Notice of Prepar- ation" shall be prepared and sent by certified mail, to State, Regional and Local governmental agencies, school districts, and public utilities which may have an interest in the project. The Notice of Preparation contains a description of the project and information on the location and probabl'e environmental effects of the project. This notice requests these agencies to make specific responses regarding the scope and content of the proposed E.I.R. and environmental information related to the agency's jurisdiction, which may be included in the E.I.R. Selection of a Consultant After determination of the scope and content of the E.I.R., staff shall prepare a "Request for Proposal" (RFP) on the project, to be sent to environmental consultants. The applicant may suggest that names be added to the list, however, the consultant is selected by the City and will be under contract directly to the City to prepare the E.I.R. Neither the applicant nor consultants affiliated with ~e applicant may be selected to prepare the report. After the consultant's proposals are received, the most qualified candidates are interviewed and a final consultant selection is made. Contract and Compensation A contract containing the scope of work and a work program for the E.I.R. is prepared and signed by the City and the consultant. The consultant's fee is established by the consultant and is payable by the applicant to the City upon finalization of the contract. In addition to the consul- tant's compensation,a fee equal to 20% of the actual cost of the E.I.R. will be charged by the City to cover the City's costs for consultant selection, contact preparation, analysis of the E.I.R., public hearings, Staff Reports, and legal publications. The fees for the E.I.R. shall be deposited with the City in a Trust Account and shall be paid to the consultant as work is completed. Preparation and Printing It is the consultant's task to prepare a Draft Environmental Impact Report (DEIR) in accordance with the contract with the City and in compliance with CEQA and State Environmental Guidelines. When the draft is completed, a -4- screen check of the text is performed by the Planning Division staff. Upon completion of any revisions required by staff, an appropriate number of copies of the D.E.I.R. are printed for distribution. The number of copies varies W.ith the nature of the project. The consultant shall be responsible for printing and distribution of the D.E.I.R., unless other- wise specified in the contract. Distribution and Review Copies of the D.E.I.R. with a "Notice of Completion" attached, are distributed by the consultant to State, Regional, and Local agencies for comment. If the project has been determined by the State Office of Planning and Research to have Regional and/or State wide significance, a review period of forty-five (45) days will be required. If not~ the review period shall be a minimum of thirty (30) days. The Planning Division will receive the remainder of the copies, which are distributed to other City divisions and public agencies. Copies of the D.E.I.R. should be made available at the County Branch Library for public review. The City Planning Division is the lead agency for review of the D.E.I.R. All comments on the Draft E.I.R. are channelled through the Planning Division and forwarded to the consultant. The consultant will be re- sponsible for responding to these comments. Upon conclusion of the review period and the consultant's response to all comments, the Planning Division shall prepare a Staff Report to the Planning Commission on the adequacy of the report and its findings All comments and responses will become an addendum to the D.E.I.R. Any changes or additions approved by the Planning Commission will be made by the consultant prior to printing the Final E.I.R. Planning Commission Review The Planning Commission shall review the D.E.I.R. at an advertised public hearing. The Commission can take one of the following actions on the adequacy of the environmental impacts identified and its findings: 1. Require additional information or modifications in the text, before accepting the D.E.I.R. as adequate; or, Accept the D.E.I.R. as adequate with a finding of no significant adverse impacts, based upon the implementation of mitigation measures outlined in the report; or, 3. Accept the D.E.I.R. as adequate with a H nding of significant adverse impacts. The last finding (of significant adverse impact) does not necessarily prevent approval of the project. The project could be approved, but the approval body must show over riding considerations in such approval. If the Planning Commission is the approval body for the project, then the Commission shall be the certifying body. If the Council is the final approval body, then the Commission shall forward a recommendation to the -5- City Council on the adequacy of the document. The City Council shall hold a public hearing to consider such recommendation and any other input on the adequacy of the E.I.R. Notice of Determination After approving a project for which an E.I.R. has been prepared and certified, the City shall file a Notice of Determination with the County Clerk of San Bernardino County, Board of Supervisors. If the project requires discretionary approval from a State agency, the notice will also be filed with the State Secretary for Resources. If the City Council approves a project which would allow the occurrence of significant impacts, which are identified in the E.I.R., but are not mitigated, the City must state in writing, the overriding reasons to support its action based on the E.I.R. and/or other information in the record. This statement must be includedinthe Notice of Determination. The filing of the Notice of Determination completes the formal Enviorn- mental Review Process and starts a 30~day statute of limitations on court challenges to the approval under CEQA. Further Questions The foregoing is an overview of the Environmental Review Process as adopted and administered by the City of Rancho Cucamonga. There are more detailed provisions of CEQA and the State Environmental Guidelines which are not covered in this handbook. Questions regarding these documents or this review process should be directed to the City Planning Division. -6- CF, QA PROCESS FLOW CHART IPublic aBenc1, determines ~ whether the activity is a -- ~ "project" I Project m Not elxempt Public agency evaluates project to determine if there is a possibility that the project may have a sig* nificant effect on environment I Possible significant effect Determination of lead agency / Responsible agency Respond to informal F_consultation consultation draft EIR Nottce of Pre ~ Re,pond to to tontent, o~' paration as IComments on adequacy of draft FIR or Negative Declaration Not a project Statutory exemption Categorical exemption __ __ No possible significant etfect Lead agencyx~,x~ study / \ EIR Negative ~cJaration Lead agen~ sends Notice o~ pre~ration to responsible agency I Lead agency preNr~ draft I Lea~ agency ~Hes Notice o~. Com- Lead agency gives public ol Negative ~laration L ~blic rev~ ~ri~ ~iic ~view ~riod earl a~en~ pre~r~ ~i~I Findings on feasibility of reducing ificant'"vir°n' l ~Decision on project) / 5tare a~encies LocaJ ' IFile Notice of )termination with Secretary for Resources Consideration and approval of final FIR by decision making body ) Findings on feasiblity of reducing " "% Tdj?f ' n'fican'envir°n' IDecision on Projectt /. State ag}ncies L al a,~es Appendix A CITY OF RANCHO CUCAMONGA ENVIRONMENTAL ASSESSMENT NOTICE Complete environmental assessments have been prepared for the following projects. The Planning Conunission will be considering these assessments, staff's recommendation, and public input, at their meeting of prior to making a final environmental determination. Following is a brief description and location of project and Staff's recommendation on the projects to be considered: A copy of the Environmental Assessment can be reviewed at the City of Rancho Cucamonga Planning Division offices located at 9340 Base Line Road, Suite "B", Rancho Cuca/nonga, CA 91730. Written comments should be addreased to the Planning Division at the above address or phoned at (714) 989-1851. In addition, concerns can be addressed to the Planning Commission publicly at the meeting time previously mentioned. The meeting will begin at 7 p.m. and shall take place at the Lion's Park Com- munity Center, 9161 Base Line Road, Rancho Cucamonga. Appendix B CITY OF RANCHO CUCAMONGA NEGATIVE DECLARATION 1. Brief Uescription of Project: 2. Name and Address of Applicant: Pursuant to the provisions of the California Environmental Quality Act of 1970, the City of Rancho Cucamonga has determined that the above project will not have a significant effect upon the environment. An Environmental Impact Report will not be required. Minutes of such decision and the Initial Study prepared by the City of Rancho Cucamonga are on ~ile in the Planning Division of the City of Rancho Cucamonga. This decision may be appealed to the City Council of the City of Rancho Cucamonga. A written appeal and filing fee must be received by the Planning Division no later than 5:00 p.m. This Negative Declaration is subject to the implementation of mitigating measures (if any) as listed on the attachments. DATED Title Appendix C TO: CITY OF RANCHO CUCAMONGA NOTICE OF PREPARATION FROM: (Responsible Agency) (Address) (Lead Agency) (Address) SUBJECT: Notice of Preparation of a Draft Environmental Impact Report will be th~ Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, Iocation~ and the probable environmental effects are contained in the attached materials. A copy of the Initial Study .. is, is not, attached. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than ~,5 days after receipt of this notice. Please send your response to at the address shown above. We will need the name for a contact person in your agency. Project Title: Project Applicant, if any: DATE Signature Title Telephone Appendix D CITY OF RANCHO CUCAMONGA NOTICE OF COMPLETION FORM Project Title Project Location-Specific Project Location-City Project Location-County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Address Where Copy of EIR is Available Division Review Period Contact Person Area Code Phone Extension Appendix E CITY OF RANCHO CUCAMONGA NOTICE OF DETERMINATION TO: __ Secretary for Resources PROM: 1½16 Ninth Street, Room 1311 Sacramento, California 9581½ or SUB3ECT: County Clerk County of San Bernardino City of Rancho Cucamonga Planning Division P. O. Box 807 Rancho Cucamonga, CA 91730 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the PubUc Resources Code. Project Title State Clearinghouse Number (If submitted to Clearinghouse) Contact Person Telephone Number Project Location Project Description This is to advise that the (Lead Agency or Responsible Agency) has approved the above described project and has made the following determinations regarding the above described project: 1. The project __ will, __ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant ' to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the ' provisions of CEQA. The EIR or Negative Declaration and record of project approval may be examined at: Date: Mitigation measures __ were, __ were not, made a condition of the approval of the project. A statement of Overriding Considerations __ was, __ was not, adopted for this project. Signature Title Appendix F