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CITY OF SAN BERCARDINO - REQUEST ()oR COUNCIL ACTION
From: Larry E. Reed, Director
Dept: Planning and Building Services
Subject: Amendment to CEQA Guidelines
Mayor and Common Council Meeting
June 4, 1990, 2:00 p.m.
Date: May 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
On May 10, 1990, the Legislative Review Ccmni.ttee revie\\ed the proposed Local Guidelines
and =ntinued itan to May 24, 1990.
On May 17, 1990, the Environrrental Review Ccmni.ttee revie\\ed the proposed Local Guideline
and changes _re rec:ormended and discussed.
On May 22, 1990, the Planning Ccmni.ssion revie\\ed and reccmrended. approval of the pro-
posed arrendment to the Local CEXJA Guidelines.
On May 24, 1990, the Legislative Review Ccmni.ttee revie\\ed the revised CEXJA Guidelines a
rea:mrend.ed approval to the MayOr and City Council.
Recommended motion:
That the Hayor and Cornton Council adopt the resolution which in=rporates the I1Dst
recent edition of the California Environrrental ~ity Act Guidelines as the City's
Local Guidelines, along with any further arrendments, adopt the Environrrental Review
Procedures as shown in Exhibit "A", and repeal Resolution No. 13157, 13175,
79-43, 79-498 and 81-358.
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Contact person: Larry E. Reed
Supporting data attached: Staff Report
Phone: 3'34.-5357
Ward:
FUNDING REQUIREMENTS:
Amount: N/A
Source: IAcct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No .~
CITY OF SAN BERNARDINO - REQUEST FOA COUNCIL ACTIO.
f
STAFF REPORT
SUBJECT: Amendment to Local CEQA Guidel ines
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
Resolution No. 13175
Resolution No. 79-43
Resolution No. 79-498 -
Resolution No. 81-358 -
February 8, 1978
February 27, 1978
1979
1979
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)
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M&CC:~:rns.
75-02154
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<:)RESOLUTION NO.
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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.
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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,
WHEREAS, these procedures are required to be
consistent with CEQA, and the guidelines adopted by the
Secretary of the Resources Agency (CEQA Guidelines);
and,
WHEREAS, the Mayor and Common Council
adopted Resolution No. 13157 on February 8,
adopt the Environmental Review Procedures in
satisfy this requirement; and,
previously
1978, to
order to
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
have been substantial changes to CEQA and the
Guidelines, including the June 1986 update; and,
there
CEQA
WHEREAS, the procedures contained within
previously adopted Environmental Review Procedures
no longer consistent with the requirements of CEQA;
the
are
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
as fully as though set forth at length and hereby
May 18, 1990
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approved with full authorization to implement all of the
provisions thereof. As state law or state CEQA
Guidelines are changed, the City of San Bernardino
Environmental Review Guidelines shall also be so amended
and such amendments are hereby incorporated.
SECTION 2. Resolution Nos. 13157, 13175, 79-43, 79-
498 and 81-358 are hereby repealed.
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May 18', 1990
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RESOLUTION. .. ADOPTING THE CALIFORNIA ENVIRONMENTAL
2 QUALITY ACT (CEQA) GUIDELINES AND REPEALING
RESOLUTIONS NOS. 13157, 13175, 79-43, 79-498 and 81-358
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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
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the
day of
, 1990, by the
8 following vote, to wit:
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Council Members:
Abstain
Yes
Navs
Estrada
Reilly
Flores
Maudsley
Minor
Pope-Ludlum
Miller
City Clerk
The foregoing
day of
resolution is 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:
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May 18, 1990
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EXHIBIT "A"
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CITY OF SAN BERNARDINO
ENVIRONMENTAL REVIEW GUIDELINES
ADMINISTRATIVE POLICIES AND PROCEDURES
I. PURPOSE
i
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.
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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.
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19 II . APPLI CABI LITY
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The city of San Bernardino, including the
Department of Planning and Building Services
(Department) and city administrative staff, is
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.
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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. The project area involved or
affected shall be the area in which significant
effects would occur either directly or indirectly
as a result of the project. The "environment"
includes both natural and man-made conditions.
IV. ENVIRONMENTAL REVIEW COMMITTEE (ERC)
A. MEMBERSHIP
The ERC members shall consist of representatives of
the following departments or agencies: Planning and
Building Services (a designee from the Planning
Division (Chairperson) and a designee from the
Building Division), Public Works, Fire, police,
Water, Parks and Recreation, Public Services and
the Redevelopment Agency. The representatives
shall be the Director of the Department or their
designee(s).
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B.
DUTIES
The ERC shall perform the duties and functions
provided for in the City Environmental Review
Guidelines, the California Environmental Quality
Act and the CEQA State Guidelines, as amended.
C.
POWERS
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The ERC shall have authority to make recommended
determinations for negative declarations, mitigated
negative declarations, or the need for preparing an
Environmental Impact Report for discretionary (non-
ministerial) applications. The ERC may recommend
mitigation measures or requirements in making
environmental determinations. Decisions of the ERC
shall be final unless appealed to the Planning
commission, within 15 days following the date of
action for which an appeal is made. The ERC may
impose conditions of approval.
v.
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 City staff and ERC to make
sure that project processing integrates the
objectives of State CEQA Guidelines.
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Procedure
from CEQA
for Identifying Projects that are Exempt
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
involving
judgment.
persumed
exempt:
projects
personal
shall be
therefore
Projects are those
fixed standards without
The following actions
to be "ministerial" and
a) Issuance of building permits and mobile
home setdown permits.
b) Issuance of any business license.
c) Approval of final subdivision maps.
d) Approval of individual utility service
connections and disconnections.
e) Issuance of any sign permits.
f) Traffic signs and signals.
g) Sewer waiver approvals for single-family
homes that are not located within a
liquefaction area or within 100 feet of a
well.
h) Approval of floor plans, elevations and
site location for single-family homes
located within a tract or parcel that has
received prior CEQA review.
i) Other ministerial actions as identified by
the Environmental Review Committee.
2. categorical and statutory Exemptions. The city
hereby adopts exemptions for all activities
which fall within the exempt classes that are
cited in CEQA and the State CEQA Guidelines. In
addition to those cited in CEQA and the State
CEQA Guidelines, the following actions, shall
be considered categorically exempt, unless the
activity will have a significant effect on the
environment due to unusual circumstances,
cumulative impact or environmentally sensitive
location.
a) Vacations of alleys not needed for fire
protection or refuse pick-up.
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b)
vacations
will not
parcels.
of un-paved pUblic streets which
result in land-locking any
c) The formation or annexations thereto of
Landscape Maintenance Districts.
d) The five-year Capital Improvement Plan.
e)
The review and approval of
alcoholic beverages within
building.
the sale of
an existing
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.
C. Initial Studies
A Draft Initial Study shall be prepared by the
Department, based on information supplied by the
application, and consultation with City Departments
and Responsible Agencies. Draft Initial Studies
shall be submitted to the ERC for adequacy review
and recommended environmental determination.
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 ERC finds on the
basis of the Initial Study will not have a
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significant
procedures
Declaration
pursuant to
effect on the environment. The
and preparation of a Negative
shall be done by the Department,
the state CEQA Guidelines.
E. Environmental Impact Report
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F.
If the ERC finds, that a project may have a
significant effect on the environment, the City
will 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 it can be fairly
basis of substantial evidence that a
have a significant effect on the
Preparation of the EIR shall be done at the project
applicant's expense and overseen by the Department,
in accordance with state CEQA Guidelines.
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 and ERC 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 by the Department.
Consultation shall include the applicant or their
representative 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.
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G. Public Review
Administrative policies of the Department and ERC
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 Declara
tion 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
1.
Where the City is the Lead Agency, the Department
shall evaluate any comments received on an Initial
study and recommended 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 environ-
mental evaluation. In addition, the Department and
ERC shall evaluate any comments received to a draft
EIR and include the comments and responses to
comments in the Final EIR.
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
Prior to approval or an
project, the approving
appropriate findings as
Guidelines.
action to carry out
body shall make
required by state
a
the
CEQA
K. Filing Notices
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The Department shall file all the Notices required
for the environment"l process as cited in the state
CEQA Guidelines.
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L. 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 with consultation from
appropriate or affected City Departments or
Agencies, may comment on behalf of the City.
M. Assignment of Responsibility for carrying Out This
Policy
1. The Department shall be responsible for
developing and amending as necessary, the
procedures and forms necessary for
implementation of this policy. Any such
additional 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
and presentation to ERC for review and recom-
mendation of the Draft 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 a Draft Initial
Study, Negative Declaration or EIR, subject to
applicant's right of appeal to the Director of
Planning and Building Services.
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
have authority over adoption of
(DRC) shall
environmental
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determinations when they have jurisdiction,
unless the environmental determination or
subject project are appealed to the Planning
commission or Mayor and Common Council.
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.
N. 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
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