HomeMy WebLinkAbout13175
....
~SOLUTION NO.
/..3/7S-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO'. 13157 ENTITLED IN PART "RESOLUTION. . . APPROVING
2 THE ENVIRONMENTAL REVIEW PROCEDURES . . . "; AND REQUIRING THE
REVIEW AND ADOPTION OF NEGATIVE DECLARATIONS BY THE DECISION
3 MAKING BODY, COMMISSION, :SOARD OR OFFICER.
4
BE IT RESOLVED BY THE ~1AYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1.
Resolution No. 13157 Section 1 is hereby
7
8
9
10
11
12
amended to read as follows:
/'
"SECTION 1. The environmental review procedures for the
City of San Bernardino entitled 'Environmental Review Procedures
for the City of San Bernardino', which are on file in the Office
of the Planning Director of the City of San Bernardino, a copy
of which is attached hereto, marked Exhibit "I" and incorporated
herein by reference as fully as though set forth at length,
13
14
are
hereby approved with full authorization to implement all of the
provisions thereof."
15
16
17
18
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of
Bernardino at an A1/~~'~IUL ":~j-...'.<.-izt)
on the C:<77-l day of '~(tAA~b' , 1978,
19 r
the City of San
.meeting there6f,held
by the following
20 vote,
21
22
23
24
25
26
27
28
to wit:
NAYS:
/ . A
Councy.men ({~~'~;/~~ /"7;1,& If~ .
/ - . /. ,
X n' '~it..,
\( ""'4~.r; '~i1....jc'H, ..' .h"ILJ
, /
~7l:. t
,_ -)'U /
AYES:_
.,/1&
.~,')~
ABSENT:
. ..
d:;'~v'v,.,~j;ru.:A, ,-,';:Z;i:u U
~~~
", ty Clerk
~/~~~ ~~
d:
i
i
. .. "I
-
1
!,
II
2 !I of
3 'I
4
resolution is hereby approved this
..:?r7'" day
The foregoing
'-ll:kMJJ
, 1978.
5 Approved as to form:
c~12
6 II
7 II
il
8 ]1
:1
il
9 I
d
Ii
10 II
11 I
I
12 I
13 II
14 'I
15 I
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
2
3
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, .,
1
commission, board or officer has reviewed and con-
sidered the information contained in the EIR.
(b) Findings.
4
(1) No decision making body, commission, board or
officer shall approve or carry out a project for
which an environmental impact report has been
completed which identifies one or more significa t
effects of the project unless such body, commis-
sion, board or officer makes one or more of the
following findings:
5
6
7
8
9
a. Changes or alterations have been required in
or incorporated into, the project which
mitigate or avoid the significant environ-
mental effects thereof as identified in the
final EIR.
b. Such changes or alterations are within the
responsibility and jurisdiction of another
public agency and not the City. Such change
have been adopted by such other agency or ca
and should be adopted by such other agency.
c. Specific economic, social, or other con-
siderations make infeasible the mitigation
measures or project alternatives identified
in the final EIR.
(2) The findings required by subsection (1) shall be
supported by substantial evidence in tne record.
(3) The finding in subsection (1) b. shall not be
made if such body, commission, board or officer
finds that the City has concurrent jurisdiction
with another agency to deal with identified
feasible mitigation measures or alternatives.
SECTION 24. NOTICE OF DETERMINATION.
making body, commission, board or officer has
the ERC shall file a Notice of Deter~ination.
include:
After the decision
certified the EIR,
Such notice shall
(a) An identification of the project by its common name
where possible.
(b) The determination of the decision making body,
commission, board or officer to approve or carry out
the project.
(c) The determination of the ERC whether the project in
its approved form will have a significant effect on
the environment.
(d) A brief statement of the mitigation measures which
-13-
:
~
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
son of a lease, permit, license, certificate, or
other entitlement for use by one or more public
agencies, the final Negative Declaration shall
be completed and a Notice of Determination
filed within 105 days from the date an applica-
tion for a project has been received and accepted
as complete by the ERC. All other Negative
Declarations must be completed and a Notice of
Determination filed within one (1) year from the
date the application was received and accepted
as complete by the ERC.
SECTION 29. FINAL NEGATIVE DECLARATION.
(a) If, after evaluating the comments, the ERC deter-
mines that the proposed Negative Declaration is
applicable to the project, it shall prepare a final
Negative Declaration within ten (10) days after
response to comments have been prepared.
(b) In case the activity involves the issuance to a per-
son of a lease, permit, license, certificate, or
other entitlement for use by one or more public
agencies, the final Negative Declaration shall be
completed and a Notice of Determination filed within
105 days from the date on which an application for a
project has been received and accepted as complete by
the ERC. All other Negative Declarations must be
completed and a Notice of Determination filed within
one (1) year from the date the application was re-
ceived and accepted as complete by the ERC.
(c) If the ERC reverses the proposed Negative Declaration
it shall proceed to prepare a draft EIR.
(d) The final Negative Declaration shall include those
items required in the proposed Negative Declaration
as outlined in Section 25 (c).
SECTION 30. NOTICE OF DETERMINATION.
(a) After the decision making body, commission, board or
officer has reviewed the comments and responses and
reviewed and adopted the Negative Declaratibn and has
made a decision to carry out or approve the project
for which the Negative Declaration has been prepared,
the ERC shall file a Notice of Determination with a
copy of the Negative Declaration attached.
(b) The Notice of Determination shall include:
(1) The determination of the decision making body,
commission, board or officer approving or dis-
approving the project.
-17-