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HomeMy WebLinkAboutTC Res 1974-02-11 (4) RESOLUTION NO. 601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON AMENDING PROCEDURES FOR ENVIRONMENTAL IMPACT REVIEW OF PRIVATE DEVELOPMENT PROJECTS WHEREAS, Section 21082 of the Public Resources Code of the State of California requires that all public agencies shall adopt procedures for the evaluation of projects and the preparation of environmental impact reports pursuant to the EnvjLo~mental Quality Act of 1970; and ~mEREAS, pursuant to section 21083 of the Public Resources Code, the Secretary of the Resources Agency of the State of California has adopted guidelines for the implementation of the Environmental Quality Act of 1970; and WHEREAS, pursuant to said guidelines, the City Council adopted Resolution No. 521, adopting procedures for environmental impact review of private development projects; and WHEREAS, the Secretary of the Resources Agency of the State of California, on December 17, 1973, adopted amended guidelines, which re- quire that the City of Tiburon revise the procedures adopted by Resolution No. 521 no later than February 15, 1974; and WHEREAS, the introduction and procedures attached hereto as Exhi- bits A and B are consistent with the provisions of said guidelines as amended by the Secretary of the Resources Agency of the State of Califor- nia on December 17, 1973, and with the Environmental Quality Act of"1970, as amended; NOW THEREFORE, BE IT RESOLVED that the City Council hereby adopts as its procedures for the evaluation of projects and the preparation of environmental impact reports pursuant to the Environmental Quality Act of 1970, as amended, the introduction and procedures attached hereto as Exhibits A and B, respectively. BE IT FURTHER RESOLVED that the procedures adopted herein shall supersede the procedures adopted by Resolution No. 521, except that any project as to which a draft envirClmental impact c.-eport has been filed prior to the date on which this resolution has been adopted, shall be governed by the procedures adopted by Resolution No. 521. PASSED AND ADOPTED at a regular meeting of the City Council of the Ci ty of Tiburon held on February 11th, 1974, by the following vote: AYES: Councilmen: Aramburu, Becker, Fanning, Littman, Sennett NOES: Councilmen: None ABSENT: Councilmen: Mayor Draft date: 1/23/74 Amended 2/11/74 ENVIRONMENTAL IMPACT REVIEW OF PRIVATE DEVELOPMENT PROJECTS Introduction GENERAL. The City Council of the City of Tiburon hereby adopts the procedures set forth below for the enviror~ental evalutation of private projects by city agencies. These procedures augment the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.), and the Regulations of the California RCS0~rces Agency Esteblishing Guidelines for Implementation of the California Environmental Quality Act (CEQA) of 1970 {Div. 6, Title 14, California Administrative Code}. - SCOPE. The aforementioned Regulations and the within procedures apply to all private projects subject to the provisions of CEQA, except projects which have been categorically exempted by Section 15100 et seq. of said Regu- lations. . Pursuant to Section 15073 of the Regulations, the City Council determines that the following projects are ministerial under Tiburon ordinances and applicable laws: a. Issuance of building permits. b. Issuance of business licenses. c. Approval of final subdivision maps. d. Approval of individual utility service connections and disconnecr;~~~ e. Minor sign permits. f. Swimming pool permits. g. Kennel licenses. h. All licenses issued by the CitJ of Tiburon. i. Approval of fin~parcel maps. j. Approval of records of survey. k. Approval of certificates or insp~ction. 1. Execution of subdivision improvement agreements. m. Execution of land division improvement agreements. n. Execution of street improvement agreements. o. Acceptance of orfers of dedication. p. Acceptance of deeds. q. Septic tank permits which do not involve a waiver of nor deviation from regulations. r. Approval of precise plans. Exhibit A - page 1. Procedures for Private Projects A. INITIAL. 1. It is the policy and intent of the City of Tiburon to encourage tbe preparation of an environmental reconnaissance as early in the planning process as possible to enable environmental consi- derations to influence project design. To be useful, the environmental constraints and opportunities should be defined during the pre-applicatio~ stage and before the design is commenced. 2. When an application is filed with a department for a project which is not categorically exempted or the subject of ministerial action, an EnviroTh"nental Review Checklist (Exhibit 1 ) shall be completed, after field inspection, within five (5) working days of filing by the individual who processes the application and signs the "Form Completed" line. 3. Copies of the original Environmental Review Checklist will be circulated, when necessary, to other departments. Departmental comments will be attached to the original which will remain in the application file. Copies of the original Checklist and departmental comments shall be forwarded to the Director of Community Development upon completion or receipt. 4. After the response from the other departments, the Director of Community Development will determine whether the project has a significant effect on the environment and, hence, whether a Negative Declaration or an Environmental Impact Report is appro- priate. The Direct'J~ of Community Development will signify his recommendation by signinq the reverse side of the Checklist on the appropriate line. B. NEGATIVE DECLARATION. 1. Notice of Negative Declara~ion will be prepared by the Director of Community Development, forwarded to the applicant, and promi- nently posted on a public bulletin board located outside the City Council chambers. A copy of the Nesative Declaration shall also be filed with the Cuunty Clerk. 2. In cases of Negacive Declaration, any mandatory time limits for action on the application shall be extended for the period of time necessary to render the Notice of Determination. 3. If the a?plication is required to be heard by the Planning Commission, a public hearing on the Negative Declaration will be held by the Commission at the same time as the hearing on the project. Otherwise, a public hearing will be conducted on the Negative Declaration by the Director of Community Development, not less than ten (10) days after the Notice of Negative Decla- ration is posted and filed with the County Clerk. 4. Objections to the Negative Declaration may be filed in writing or presented orally at the hearing. Exhibit A - page 2. 5. For those hearings on Negative Declarations held by the Planning Commission, the Co~nission shall render a decision on the Nega- tive Declaration prior to its decision on the application. The Corr@ission's decision may be appealed to the City council in accordance with the provisions of the Zoning Ordinance relating to appeals. 6. For those hearings held by the Director of Community Develop- ment, a decision shall be rendered at the conclusion of the hearing or the matter may be continued for not more than twenty (20) days. The Directort~ decision may be appealed to the City Council. Appeals shall be written and must be filed with the City Clerk within five (5) working days after the decision is rendered. 7. If, as a consequence of the hearing or an appeal, a finding of negative impact is not sustained, an Environmental Impact Report shall be required. 8. Upon completion of the hearings on the Negative Declaration, following action on the application, a Notice of Determination shall be filed with the County Clerk. 9. No permit, lease, certificate or other entitlement for use shall be issued until the appeal period has expired or, in the event of appeal, until appellate determination is reached. c~ ENVIRONMENTAL IMPACT REPORT (EIR) REQUIRED. 1. If it is determined that an EIR is required, the applicant shall be informed by mail forthwith that an EIR must be completed before the application can be considered. 2. If an EIR is required, any mandatory time limits for action on the application shall be extended for the period of time neces- sary to prepare a satisfactory EIR. 3. The Director of Community Development will determine the manner in which the draft ErR will oe prepared. A draft EIR may be prepared by City staff; independent consultants, the applicant, or any combination of the foregoing. Provided, however, that whoeve prepared the draft EIR shall demonstrate to the Director of Community Development that he or it has sufficient knowledge of the laws and policies of the City and of the field in which he is to ex- press opinions in order to prepare the draft EIR. The applicant shall be in- formed of the estimated cost and procedures involved. If independent con- sultants prepare the EIR, cost estimates shall be obtained after adequate review of the location and parameters of the project. If the draft EIR is submitted by the applicant, the Director of Community Development shall exercise his own independent evaluation and analysis to the facts set forth in the draft EIR. The draft ErR which is transmitted for public review must reflect the independent judgment of the Director of Community Development. 4. The applicant must, upon request, deposit with the City the total amount of any estimated costs which the City may incur to procure the report. Separate cost accounts for each application will be kept by the department processing the application. The applicant shall meet with the Director of Community Dev- elopment to confirm the selection or the consultant. Exhibit A page 3. 5. The EIR shall consist of an objective and accurate analysis of the environmental consequences of the project. 6. Upon completion, the dra:t ErR shall be filed with the Director of Community development, who shall file a Notice of Completion with the Secretary of the Resources Agency and circulate the EIR in accordance with Section 15085 of Title 14 of the Cali- fornia Administrative Code. Any comments elicited through this process shall be appended to the draft EIR. 7. Thereafter, a public hearing shall be conducted on the draft EIR in accordance with t 1-.; following: k) if the project does not otherwise require a public hearing be{ore the Planning' Commission, Boare of Adjustments, Board of Design Review, or City Council, the hearing on the ErR shall be conducted by the Director of community Development; (b) if a hearing is required to be conducted on the project before the Planning Commission, Board of Adjustments, Board of Design Review, or City Council, the hearing on the draft EIR shall be conducted contemporan- eously with the project hearing, by the same body. 8. Copies of the draft EIR shall be available for review by members of the public for a reasonable period of time, but not less than thirty (30) days before the public hearing thereon. Any person may p~rchase a copy of the draft ErR from the Director of Community Development at repro- duction cost. 9. Notice shall be given of all public hearings on draft Environ- mental Impact Reports as follows: (a) if public notice of the hearing on the project is not otherwise required by law, a' notice of the hearing on the draft EIR shall be prominently posted on a public bulletin board located outside the City Council chambers for a period of not less than thirty (30) days prior to the hearing: (b) if notice is required by law to be given of a public hearing on the project, notice of the hear- ing on the draft EIR shall be included in all notices of the project hearing1 for a period not less than thirty (30) days prior to the hearing. 10. At the hearing, members of the public shall be afforded an ample opportunity to expl ~ss their opininns concerning the contents or adequacy of the draft ErR orally or in writing. 11. The essence of statements regarding the draft ErR shall be re- corded in the minutes of the hearing and incorporated as part of the addendum to the draft EIR. At the conclusion of the hearing or any continuance thereof, the body conducting the hearing shall certify that the final ErR has been completed in compliance with CEQA and the said Regulations; provided, how- ever, that in cases in which the action taken by the Planning Commission on the project is required by law to be recommenda- tory or advisory to the City Council, the Planning Commission shall recommend to the City Council the action to be taken on the ErR, and the City Council shall make the certification referred to above. 12. The final ErR shall consist of: Exhibit A - page 4. a. The draft EIR, as supplemented by the statements received at the hearing and the comments received from public agencies. b. Where appropriate, evaluation of, or responses to, agency and other public commentary, including evaluation of imme- diate and cumulative environmental impact of required im- provements. c. Any modifications or ldditional data the hearing body deems necessary to provide ,l:1 adequate environmental review of the project. c. A section listing the organizations and persons consulted. 13. The final EIR shall be considered in its decision-making pro- cess by the body or department which has the responsibility of approving, approving with conditions, or denying the project. The Director of Community Development shall serve in an advisory capacity as requested. 14. Thereafter, a Notice of Determination shall be filed with the County Clerk in accordance with law. 15. Any person may appeal any determination made hereunder by the City staff, the Director of community Development, the Board of Adjustments, or the Board of Design Review, directly to the City Council. Appeals must be in writing and shall be filed with the city Clerk within ten (10) working days following such detemination. Appeal from actions of the Planning Commission shall be allowed in accordance with the procedures relating to appeals contained in the Zoning Ordinance. 16. No permit, license, lease, certificate or any other entitlement for use shall be issued until the appeal period has expired, or in the event of appeal, until the appellate determination has been reached. 17. Any lawsuit seeking to SFt aside or annul any decision made pursuant to these regulations must, unless otherwise specifically provided by law, be instituted within thirty (30) days after said decision is made. Exhibit A - page 5. ENVIRONH&N'D\L REVIEW CHECKLIST Applicant's name &: address Type of Project Locadon ( Date p.3.rcel lNII!r aeceived An env1.roamental impact report tCUst be made for any activity which may ~ ire any non- trivial effect on the environment. Effe~t:s inc1udo= envirormental c.onsec ~tlCe. of both ~rimary and secondary nature. The following questions shall be used as guidelines to decide whether tc .lte a nalAtlve declaration or an evironmental impact report. (If answer 1s unknown, wri ! 1'uaJmown" in yes/no eoluam.) Ci\ m z m 7J l> r ~ 10. "< t.f'o n ~ 11. ,..,.. tI. ms Could the project signific.antly change present usas of the projE t area 1 ~ (see notes) 110 2. Does the project significantly conflict wi th applleable general lans and specific plans of the City of Tiburon ? (See notes) Does the project significantly conflict with applicable general lans and specific plans of the Marin Countywide Plan? Could the project affect the use of a recreational area_ or aree ,f important visual value? 3. 4. 5- W111 any natural or man..made features in r..he project area which ce unique, that is. not found in other parts Ot the County, State ( Nation. be affected? (see notes.) ~ ,. 6. Will the project involve construction of facilities on a slope c 2S percent or greater? 7. Will the project iavolve construction of facilities in an area e geologic hazards? I 8. Could the project change existing features or involve constructi ~ in any flood plain. lagoon, bay. tideland, marsh or watercourses 9. Is the project, as part of a larger project. one of a series of .-u- lative actions, which although individually small, may a8 a who1 have significant environmental il11pac t 1 Does the project area or the project site serve as a habitat, fc i source, neating place_ source of water, etc. for rare or endange ~ wildlife or fish speCies? ~ .13. X. 12. Are there any rare or endangered plant species in the project &1: L? Could the project significantly affect fish, wildlife, or plant lfe! ~ r o 14- G\ (') > 1S. r- I I Will the project remove substantiul amounts of vegetation includ 18 ground cover? COuld the project change existing features of any of the region I beaehes or coastline? COuld the project result in significant change in the hydrology the area? (see notes.) 16. Could the project significantly affect the functioning of an est )- liabed community?'(see notes.) ~ 17. Could the project result in the displacement of community reside :s? o n 18. )> rI9. Could the project significantly affect an historical or arehaeol ;- leal site or its setting? (see notes.) 12~ Could the project serve to encourage development of presently un developed areas or intensify develo~ant of already developed ar LS? (see notes.) Is there appreciable opposition ~o the project or is it likely t be controversial? ... Ftlt,-hif B- r:Je 1 .J:. iLL. Will the t-.....j.-- _ ,",~lO.<._'_ .:>t:..::.:....-',..~~ ,->.-'...tL:6 I:"lo;al;:.h t"a.;;;Li.rd",":' ~ 1.:,2. W1ll the project involve the application. use or disposal of po- r- ,- tentially hazardous materials? (see notes.) ~ 123. Could the project generate significant amount~ of dust? I 24. Could the project generate signif~c~nt noise? {1'. 125. I n' D1 5126. ~l o 127. Could the project significantly affect the potential U$e, extraction. or conservation of a natural resource? (see notes.) Could the project result in damage to soil capability or loss of agricultursl land? Additional remarks: ------------------------------------------- This,roject is exempt from Emrironmental impact Review according to the City Council of the ~lty of Tiburon. California. 0 ~orm c~pleted by Department (da te) Reviewed by . on (date) Department Reviewed by. , on -(date) Department R.eviewed by on (date) Department Returned to initiating department (da te) Baaed on the above review, it is found that an environmental impact statement 1s required. Received by Signed Ds~ NEGATIVE DECIARA nON Baaed on the above reViet1. (and the statement below). it is found that this project 'oes not cause any significant environmental impact. ~igMd Date STATENENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS For any points answered yes or lIu..kn~n" > the reasons for a negative declaration are as follows: - 2 - Ei.k.6:1 B - P~f# .c.