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HomeMy WebLinkAbout66-Planning CITY OF SAN BER~ARDINO~REQUEST ...-OR COUNCIL ACTION \ From: Larry E. Reed, Director Dept: Planning and Building Services Subject: Amendment to CEQA Guidelines Mayor and Common Council Meeting May 8, 1990, 2:00 p.m. Date: April 25, 1990 Synopsis of Previous Council action: Resolution No. 13157 - February 8, 1978 Resolution No. 13175 - February 27, 1978 Resolution No. 79-43 - 1979 Resolution No. 79-498- 1979 Resolution No. 81-358-1981 Recommended motion: Adopt resolution. /~~F IW -!D~ Larry E. Signat e ;l Contact person: Larry E. Reed Supporting data attached: Staff Report Phone: 384-5357 Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: ~t;, CITY OF SAN BER__ARDINO - REQUEST H)R COUNCIL ACTION STAFF REPORT SUBJECT: Amendment to Local CEQA Guidelines REQUEST: To adopt a resolution which incorporates the most recent edition of the California Environmental Quality Act Guidelines as the City's Local Guidelines, adopt Environmental Review Procedures, and repeal the previous Resolutions concerning Local CEQA review procedures. BACKGROUND The California Environmental Quality Act (CEQA) require local government to adopt procedures for environmental evaluation of projects consistent with the Act and the promulgated CEQA Guidelines. Resolutions concerning these issues were adopted previously by the City as follows: Resolution No. 13157 February 8, 1978 Resolution No. 13175 February 27, 1978 Resolution No. 79-43 1979 Resolution No. 79-498 - 1979 Resolution No. 81-358 - 1981 Since the adoption of these Resolutions there have been substantial changes to CEQA and the CEQA Guidelines, including the June, 1986 update to the Guidelines. These changes have made the earlier resolutions inconsistent with CEQA and the CEQA Guidelines. The Planning and Building Services Department is proposing to adopt a resolution which incorporates the latest Guidelines and any future amendment thereto as the City's Guidelines. This new resolution repeals previous Resolutions and clarifies the appropriate exemptions from CEQA. This is basically a "housekeeping" chore that should have been done in 1986-1987. The proposed Local Guidelines maintain the Environmental Review Committee as the primary focus of making environmental determination recommendations for discretionary projects. RECOMMENDATION That the Mayor and Common Council adopt the Resolution and the Local Guidelines. attached Prepared by: John Montgomery, Principal Planner For Larry E. Reed, Director of Planning and Building Services Attachment: Resolution with Exhibit "A" (Local Guidelines) ke:4/25/90 M&CC :l.CCAICEQArnINS. ...",_n"l::J1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND ANY AMENDMENTS THERETO AS THE CITY OF SAN BERNARDINO ADMINISTRATIVE POLICIES AND PROCEDURES FOR ENVIRONMENTAL REVIEW AND REPEALING RESOLUTION NOS. 13157, 13175, 79- 43, 79-498 AND 81-358. WHEREAS, the Mayor and Common Council of the city of San Bernardino recognize the need to preserve, protect, and enhance the natural and human environment of the City; and, WHEREAS, Public Resources Code section 21082, part of the California Environmental Quality Act (CEQA), requires the city to adopt procedures for the evaluation of projects; and, these procedures are required to be CEQA, and the guidelines adopted by the Resources Agency (CEQA Guidelines); WHEREAS, consistent with Secretary of the and, WHEREAS, the Mayor and Common Council previously adopted Resolution No. 13157 on February 8, 1978, to adopt the Environmental Review Procedures in order to satisfy this requirement; and, WHEREAS, Resolution Nos. 1979, and 1981; Resolution No. 13157 was amended by 13175, 79-43, 79-498 and 81-358 in 1978, and, WHEREAS, since adoption of these resolutions there have been substantial changes to CEQA and the CEQA Guidelines, including the June 1986 update; and, WHEREAS, the procedures contained within the previously adopted Environmental Review Procedures are no longer consistent with the requirements of CEQA; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The most recent edition of the California Environmental Quality Act Guidelines and any amendments thereto are hereby approved as the City of San Bernardino Environmental Review Guidelines, along with the environmental review procedures for the City of San Bernardino entitled "City of San Bernardino Environmental Review Guidelines Administrative Policies and Procedures", which are on file in the offices of the city Clerk and Department of Planning and Building Services, the original of which is attached hereto, marked Exhibit "A" and incorporated herein by reference April 25, 1990 1. 1 as fully as though set forth at length and hereby approved with full authorization to implement all of the 2 provisions thereof. As state law or state CEQA Guidelines are changed, the City of San Bernardino 3 Environmental Review Guidelines shall also be so amended and such amendments are hereby incorporated. 4 SECTION 2. Resolution Nos. 13157, 13175, 79-43, 79- 5 498 and 81-358 are hereby repealed. 6 IIII 7 IIII 8 9 10 I I I I 11 12 I I I I 13 14 I I I I 15 16 I I I I 17 18 I I I I 19 20 I I I I 21 22 I I I I 23 24 / I I I 25 26 I I I I 27 April 25, 199 28 2. 1 RESOLUTION . . ADOPTING THE CALIFORNIA ENVIRONMENTAL 2 QUALITY ACT (CEQA) GUIDELINES AND REPEALING RESOLUTIONS NOS. 13157, 13175, 79-43, 79-498 and 81-358 3 4 I HEREBY CERTIFY that the foregoing resolution was 5 duly adopted by the Mayor and Common Council of the City 6 of San Bernardino at a regular meeting thereof, held on 7 the , 1990, by the day of 8 following vote, to wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Council Members Abstain Yes Navs Estrada Reilly Flores Maudsley Minor Pope-Ludlum Miller city Clerk The foregoing resolution is day of hereby approved this , 1990. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By:J: 1Pe.-- April ,1990 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" CITY OF SAN BERNARDINO ENVIRONMENTAL REVIEW GUIDELINES ADMINISTRATIVE POLICIES AND PROCEDURES 1. PURPOSE The city of San Bernardino is mandated in Public Resources Code section 21082 by the State of California to adopt objectives, criteria and specific procedures consistent with the California Environmental Quality Act (CEQA -Public Resources Code Section 21000 et.seq.) and the State promulgated CEQA Guidelines (California Code of Regulations, Title 14, section 15000 et. seq.). This policy is intended to be used for the orderly review of projects, including processes for notification, public input and the preparation of environmental documents consistent with CEQA and State CEQA Guidelines. The purpose of the Administrative Policies and Procedures is to provide clarification to the public development industry, City staff and all others of the methods used by the City of San Bernardino to conduct environmental review in compliance with CEQA and State CEQA Guidelines. The policies and procedures expand upon and augment State mandates in order to detail the policy options and procedures that have been selected by the City of San Bernardino. The procedures detail the various process stages, notice requirements, time limits, and public input procedures that allow early consideration of public concerns prior to final consideration by a decision making body. II. APPLICABILITY The Department of Planning and Building Services (Department) and City administrative staff are subject to, and shall comply with CEQA and the State CEQA Guidelines. The following supplemental guidelines are adopted pursuant to section 21082 of the Public Resources Code and the State CEQA Guidelines and shall also be applied to the extent that they are consistent with the aforesaid State law and State CEQA Guidelines. The broader definition of "Environment" as defined in the Policy section of these Guidelines shall apply to projects in the incorporated portions of the City of San Bernardino. April 25, 1990 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I I III These Environmental Review Guidelines are intended to implement the provisions of CEQA as a means to carry out the goals and purposes of CEQA. Environmental factors, as defined in the policies section of these Guidelines shall be a factor in determining whether a public or private project is approved or disapproved, either conditionally or unequivocally. III. POLICY The intent of this policy is to insure that decisions made by the city help develop and maintain a high quality environment now and in the future, and to take all the action necessary to protect, rehabilitate and enhance the environmental quality of the City of San Bernardino and the state of California. "Environment" means the physical conditions which exist in the City of San Bernardino and environs which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. "Environment" also means man's social and economic community that can be affected by a proposed project, such as: economic impacts on public facilities and services: impacts on energy resources: impacts on the supply of jobs and housing: impacts on public safety: impacts on property values: and, impacts on the aesthetic qualities of the community. IV. PROCEDURE A. General The city recognizes that the important goal of protecting the environment also involves a responsibility to minimize delay and paperwork in the process of complying with CEQA. It shall be the responsibility of the staff to make sure that project processing integrates the objectives of State CEQA Guidelines. 27 April 25, 1990 28 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Procedure for Identifying Projects that are Exempt from CEQA All city Departments shall be responsible for reviewing projects initiated by those Departments or for applications filed with those Departments to determine their relation to CEQA, state CEQA Guidelines and city Environmental Review Guidelines and the applicable project exemptions. After determining if a project is exempt, each Department may file a Notice of Exemption with the County Clerk of the Board of Supervisors of San Bernardino. 1. Ministerial Projects are those projects involving fixed standards without personal judgment. The following actions shall be considered "ministerial" and therefore exempt: a) Issuance of building permits and mobile home setdown permits. Issuance of any business license. Approval of final subdivision.maps. Approval of individual utility service connections and disconnections. Issuance of any sign permits. Traffic signs and signals. Sewer waiver approvals for single-family homes that are not located within a liquefaction area or within 100 feet of a well. Approval of floor plans, elevations and site location for single-family homes located within a tract or parcel that has received prior CEQA review. other ministerial actions as identified by the Environmental Review Committee (ERC). b) c) d) e) f) g) h) i) 2. Categorical and statutory Exemptions. The city hereby adopts all activities which fall within the exempt classes that are cited in the State CEQA Guidelines. In addition to those cited in the State CEQA Guidelines, the following actions, shall be considered categorically exempt. a) Vacations of alleys not needed for fire protection or refuse pick-Up. b) Vacations of will not parcels. un-paved public streets which result in land-locking any April 25, 1990 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C. c) The formation or annexations thereto of Landscape Maintenance Districts. d) The five-year capital Improvement Plan. e) The review alcoholic building. sale of existing and approval of beverages within the an f) The formation or annexation Underground Utility Districts streets. thereto of in existing g) The adoption or amendments thereto of ordinances or resolutions adopting development fees, financing plans or assessment districts for the construction of capital improvements necessary .to maintain or provide service within existing service areas. h) Designation, approval and authorized use of on-street bus stops. Initial Studies An Initial study shall be prepared by the Department, based on information supplied by the application, and consultation with City Departments and Responsible Agencies. Evaluation of projects shall be done according to state CEQA Guidelines, the San Bernardino City Codes, the San Bernardino General Plan and Development Code, and any applicable community and/or specific plan. During the initial study there shall be consultation with any known agencies and/or individuals that might be affected by a proposed project in order to identify any significant adverse impacts. D. Negative Declarations Negative Declarations including Mitigated Negative Declarations shall be prepared for those projects which could potentially have a significant effect on the environment, but which the City finds on the basis of the Initial Study will not have a significant effect on the environment. The procedures and preparation of a Negative Declaration shall be done by the Department, pursuant to the State CEQA Guidelines. 27 April 25, 1990 28 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 E. Environmental Impact Report F. 20 21 22 23 I I I I IIII 24 25 I I I I 26 27 28 If the City finds, that a project may have a significant effect on the environment, the City will prepare, cause to be prepared, or require to be prepared by the project applicant an Environmental Impact Report (EIR). An EIR should argued on the project may environment. be prepared whenever basis of substantial have a significant it can be fairly evidence that a effect on the preparation of the EIR by the Department, in Guidelines. shall be done, or overseen accordance with state CEQA Consultation with other Agencies, city Departments and the public, Consultation with other public agencies, city Departments, and the public shall be done for all Initial Studies, Negative Declarations, and EIRs. The Department shall be responsible for assuring that consultation does take place as required by state CEQA Guidelines. Consultation shall be done according to uniform procedures as specified in this administrative policy. In order to assure compliance with the law, documentation of all notices sent and comments received shall be maintained. Consultation shall include the applicant as a means to allow revisions to projects to eliminate possible significant effects on the environment and thereby enabling a project to qualify for a Negative Declaration rather than an EIR. IIII April 25, 1990 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 G. Public Review Administrative policies shall assure compliance with State Guidelines with respect to "public review". Comments received shall be kept as part of the official records, as well as responding comment as required by the State CEQA Guidelines. A Draft EIR or Negative Declaration shall be made available for review through the Department's public information counter during regular business hours as provided by State law. EIR's shall also be made available for public inspection at the local library. H. Evaluation and Response to Comments Received As the Lead Agency, the Department shall evaluate any comments received on an Initial Study and recommend environmental determination of a project. The comments and responses to comments shall be provided to the decision making body for consideration in the project's environmental evaluation. In addition, the Department shall evaluate any comments received to a draft EIR and include the comments and responses to comments in the Final EIR. 1. Incorporation of Environmental Decision Making Process Documents in The Initial study, EIR or other environmental background information shall be attached to the staff reports and considered during the application's review proceedings. Public hearings on environmental documents shall be in conjunction with other proceedings concerning the project. J. Findings K. Prior to approval project, the City findings as required Filing Notices or an action shall make by State CEQA to carry out a the appropriate Guidelines. The Department shall file all the Notices required for the environmental process as cited in the State CEQA Guidelines. 27 April 25, 1990 28 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L. M. Comments to other Lead Agencies Where the City may be classified as a responsible agency and comments are requested or solicited by a Lead Agency, the Department may comment on behalf of the City. Assignment of Responsibility for Carrying Out This Policy 1. The Department shall be responsible for developing and amending as necessary, the administrative policies, procedures and forms necessary for implementation of this policy. Any such additional administrative policies, procedures and forms are hereby incorporated as an integral part of the San Bernardino Environmental Review Guidelines. The Department shall be responsible for the following: the initial determination concerning the status of a project and the preparation of the Initial Study; submission of environmental documents to other agencies and the public for comment; any matter relative to the preparation of Negative Declarations or EIRs; filing all required notices at the conclusion of environmental review proceedings; and, any other related matters or responsibilities as specified in the State CEQA Guidelines. The administrative staff shall have the right to require the necessary data and studies for an Initial Study, Negative Declaration or EIR. 2. The Environmental Review Committee (ERC) may conduct public information meetings to receive public input and to distribute public information regarding a proposed project. The ERC shall be responsible for making recommended environmental determinations on projects not exempt from CEQA, including the right to require an EIR. Determinations by the ERC to require the preparation of an EIR may be appealed to the Planning commission. Determina- tion by the Planning commission to require the preparation of an EIR may be appealed to the Mayor and Common Council. 3." The Development Review Committee (DRC) shall have authority over adoption of environmental determinations when they have jurisdiction, unless the environmental determination or subject project are appealed to the Planning commission or Mayor and Common Council. April 25, 1990 10. ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I I I I N. 4. The Planning commission shall have authority over adoption of environmental determinations when they have jurisdiction, unless the environmental determination or subject project are appealed to the Mayor and Common Council. The Commission shall have the right to require an EIR to be prepared, or to require additional data as part of their evaluation of environmental impacts prior to making their decision or recommendation on a project. 5. The Mayor and Common Council shall have ultimate authority over environmental determinations for projects that are decided by the Mayor and Common Council on appeal from the Planning Commission or in cases where authority for final decision rests with the Mayor and Common council. Time periods for Performing Functions Under CEQA Administration of environmental review in compliance with this policy shall be done within the time frames set forth in the state CEQA Guidelines. Extensions of the CEQA time periods may be granted by the ERC or the approval authority and as provided by CEQA. ke:4/25/90 MISC:ERCRES IIII 21 22 I I I I 23 24 I I I I 25 26 I I I I 27 April 25, 1990 28 11.