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Home My WebLink AboutTC Res 1973-04-02 RESOLUTION NO. 521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIBURON ADOPTmC 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 Enuironmental Quality Act of 1970; and WHEREAS, 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, the introduction and procedures attached hereto as Exhibits A and B, respectively, are consistent with the provisions of said guidelines and the Enviropmenta1 Quality Act of 1970; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts as its procedures for the evaluation of projects and the pre- paration of environmental impact reports pursuant to the Environmental Quality Act of 1970, the introduction and procedures attached hereto as Exhibits A and B, respectively. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on April 2nd. 1973, by the following vote: AYES: NOES: Councilmen: Aramburu, Becker, Fanning, Littman, Sennett Councilmen: None _A RSENT: Council~cn: None ATTEST: c/LfiL~ BERT BALMER, C~ty Manager/Clerk Draft date: 3/26/73 ENVmONNENTAL IMPACT REVIEW OF P1UVA TE DEVELOPMENT PROJECTS INTRODUCTION GENEBAL The City Council of the City of Tiburon hereby adopts the procedures set forth below for the environmental evaluation of private projects by city agencies. These procedures augment the California Environmental Quality Act of 1970 (Public Re- sources Code Section 21000 et Seq.) and the Regulations of the California Resources Agency Establishing Guidelines for Implementation of the California En- vironmental Quality Act (CEQA) of 1970 (Div. 6, Title 14, California Administrative Code). scaPi The aforementioned Regulations apply to all private projects subject to the pro- visions of CE~, except projects which have been categorically exempted by Section 15100 et seq. of said Regulations. Pursuant to Section 15073 of the Regulations the City Council deteomines 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 subdvision maps. d. Approval of individual utility service connections and disconnections. e. Minor sign permits. f. SWimming pool permit. g. Kennel licenses. h. All licenses issued by the City of Tiburon. i. Approval of final parcel maps. j. Approval of records of survey. k. Approval of certificates of inspection. 1. Execution of subdivision improvement ag~aements. m. Execution of land division improvement agreements. n. Execution of street improvement agreements. o. Acceptance of offers of dedication. p. Acceptance of deeds. INTENT These regulations shall be interpreted in & ~nne~ which will enhance environmental - 1 - INTENT consideration of private projects. Nothing herein is intended to foreclose or unnecessarily formalize preliminary submission and evaluation of environmental data prior to submission of actual project applications, to allow such data to be considered in the design and formulation of projects. PROCEDURES FOR PRIVATE PROJECTS A . INItIAL 1. When a~ application is filed with a department for a project, which is not categorically exempted, or the subject of ministerial action, an Environmental Review Checklist (Exhibit A) shall be completed within three (3) working days of filing by the individual who processes the application. 2. Copies of the original Environmental Review Checklist will be circu- lated, when necessary, to other deparonents. Departmental comments will be attached to the original which will remain in the application file. 3. After the response from the other departments, the department processing the application will determine whether the project has a significant effect on the environment and hence whether a Negative Declaration or an Environmental Impact Report is appropriate. A Negative Declaration means a statement by the City that a project would not have a signifi- cant effect on the environment and therefore does not require an EIa. B. NEG\ rIVE DECIARA TION 1. Notice of Nega ti ve Declara tion l'lill be forsrarded to the applicant and prominantly posted on a public bulletin.board located outside the City Council Chambers. A copy of the Negative Declaration shall also be filed with the City Clerk. 2. If the application will be heard by the Planning Commission, a public hearing on the Negative Declaration will be held by the Planning Commi- ssion 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 Declaration is posted and filed with the City Clerk. 3. Objections to the Negative Declal~tion may be filed in writing or pre- sented orally at the hearing. 4. The Planning Commission shall render a decision on the Negative Dec- laration prior to its decision on the application. The Planning Commission1s decision may be appealed to the City Council. s. The Director of Community Development shall render a decision at the conclusion of the hearing or may continue the matter for not more than twenty (20) days. The Director of Community Development's 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 tbe decision is rendered. - 2 - 6. If, as a conpe~~ence of the hearing or an appeal, a finding of Negative Impact i[1 not sustained, an Environmental Impact Re- port shall be required. 7. Upon completion of the heqrings on the Negative Declaration a Notice of Deter"l.in8.tion s~':'8.l1 be filed with the County Clerk. c. ENVmONMENTAL I~im.~~PO~T_ (FTP.) REQUIRED 1. If it is determin~d th~~ ~n EIR is required. the applicant shall be informed by mail fort~Jit~ th~t an EIR must be completed before the appli~ation ceu be considsred. 2. If an EIR i8 requir~d, ~~y mandatory time limits for action on the applica tion shall be ex~:ended for the period of time necessary to prepare a s~tisfacto~' E~R. 3. The department whi~h hse received the application will determine the manner in which the dr.::ft EIR ~'Jill be prepared. A draft EIR may be prepared by City staff, independent consultants, the applicant, or any combination of the foregoing. The ~pplicant shall be infol1med of the estimated cost and procedures involved. 4. The applicant must, upon request, deposit with the City the total amount of any reA_sonab~e costs 't17hich the City may incur to procure the report. Separate cost ~ccounts for each application will be kept by the department processing the application. 5. The EIR shall conr.ist of an objective and accurate analysis of the environmental consequences of the project. 6. Upon completion, the Draft EI~ shall be filed with the Director of Community Developncnt ~~o shall file a Notice of Completion with the Secretary of the Rp.so'J.rces Agency and circulate the Em in accordance with Section 15085 of Title 14 of the California Administrative Code. Any comments elicited through this process- shall be appended to the Draft Em. 7. Thereafter, a public h~~ring shall be conducted on the Draft EIR in accordance 1;-1ith the folJ.o-:~:':ng ~ a) if the project does not othert~ise require a public he".ring, the hea.ring on the EIR shall be before the Director of Co=mu!lity n?-_~:7_opment; b) if a hearing is required to be conducted on the project, the Draft EIR shall be conducted contemp- oraneously uith the project hearing by the same agency. 8. Copies of the Draft EI? s~~l! be available for review by members of the public for a re.~ son.....::J.e period of time but not less than fifteen (15) days prior to date of hearing. Any parson may purchase a copy of the Draft EIR f~o~ the Director of Comm~nity Development at repro- duction costs. 9. Notice shall be [:"'-.....:} of ,~11 public hearings on Draft Environmental Impact Repc-.~<:, ~s folIc,,::,']: a) if public notice of the hearing on the - 3 - project is. not otnerwise roquired by laW, a notice of the bo&r1ng on the Draft EIR shall be prominantly posted on a public bulletin 00 board located outside the City Council Chambers for a period of ten (10) days; b) if notice is required by law to be given of a public hearing on the project, notice of the hearing on the Draft EIR shall be included in the notice of the project. 10. At the hearing, members of the public shall he afforded an ample opportunity to express their opinion concerning the contents or adequacy of the Draft EIR orelly or in writing. 11. The assence of statements regarding the Draft EIR shall be recorded in the minutes of the hearing and incorporated as part of the adden- dum to the Draft EIR. At the conclusion of the hearing or any continuance thereof, a final EIR shall be adopted. 12. The final EIR shall consist of: 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. c. Any modifications or additional data the hearing agency deems necessary to provide an adequate environmental review of the pro- ject. 13. The final EIR shall be considered in its decision-making process by the agency or department which has the responsibility of approving, approving with conditions, or denying the project. 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, or the Planning Commi. ssion directly to the City Council. Appeals must be in writing and shall be filed with the City Clerk within ten (10) days following such determination. 16. The decision of the agency shall be final for all purposes unless jud1cial reviQW is sought within thirty (30) days after such decision becomes final. BB:bjft - 4 - ~, . ,,-~ .,If '\"'~~"1i""': '.~.;P~~ ~':, . "I'r'.:?",.".' ,:-"1\ .Qf = " '-:~;.::... :,;~':;~ " -',;, .' ..""CIEIQ.IIT Apptica~'1 NIDC ... ad*- ... fII ....eet Locadon II: parcel aumber Date reccj~d t ~r.allmpIC' repctrt mUll be ..de .. aD7 acllflty whIch may have any nocurlml effect OP the environment. E{fecD . e'liroDmelHal coa~ of boda prsawyaad secondary nature. . i' '1'be foIlow!ac quesc.(oas .U be .-cd a. SUl.delines to decide whether to make. negatIn declaration or an CDvlronmental impact re~t. (II answer h unknown. . wri~ -unknown" UI yes/no column.) Yes No 1- -I.. CDlIW dtc project slp1licaatly chan. pl'CJent &lies of the project area? ~See Notet.) Does dle pl'c1.cc liplIluDtlf c:onfJ1c:t vUIl applicable seneral pl_DS. specific plans aDd dte Maria CCIQIllJ"fcJe Plan? (lee *-s.) Could the project .lleet Iba use 01. fCClrUlMnal area. or &ru" ollmport&Dt vtluaJ ...lue? WIU aD)' llalura1 II: m&D-mN. CuQll'elID tbeprojcct area whicb are unique. that is, DOt round lD other plfta m dle COWI'l. Stale Clr Natioa.. be. atrectcd? (See NolllS.) WID &be project lnYOlft COlJSlrUCtkla 01 f.aclllttel OP . dope 0/25 percent or greater? WW the project tnvoh'e CODSULCtioa 01 facl11t1ea iD an area" aeolos1c hazards? a. 4. i. .. ,. Could rhe project change existing feature$ a: Involve cOIlsU'uctJon in any flood plain, 1<<gooo. bay. tideland, mlnb or watercourse? · 1I. Is the project, u parr of ,\ larger project. one of a series of cwnwative actions. which although IndlV!du.lly Iman. may as A whole have significant environmental impact? ~ ,8. ~ 8 5 10. JQ 11. ~ 12. ~ ! 13. R: 14. Docs the project area !r the 'project site serve as a habitat, food source, nesting place. source of water. etr. foe rare or endangered wildlife or fish species? Could the project significantly affect fish, wildlife. or plant life? Are there any rare or en,jangc:rcd plant specics in the project area? ""111 the project remove substantial amounts .of vegeta tlon including ground cover? Could the projec t change e"lt: stiog fearures of any of the region's beaches or co:1$ :l!ne? Could the project result in significant change in the hy~ology of the area? (See Notes.) signlffcan tly 15. Could the PCo.jectliffcct the functioning of an established community? (See Notes.) 16. Could the project result in the displacement of community residents ? ~ 1'1. g 18. en Could the project significantl}' affect an hlstocical or a.chaclogical site or its setting? (See Notes.) Could the project serve to encourage development of plf:sently undcvrlopcd areas oc intensify development of already developed areAS? (See No~s.) . Is mere appreciable opposition to the project oc is It likely to be controversial? ---Ji. 20. ~ 2l. ~ :i 22. 1:113. W111 the project create new cc aggravate existing health hazards? W111 the project involve the application. use or dispOSal of potentially huardous ma ter ia Is? (See Notes.) Could the project generate significant amo;mts of dust? Could the project gene.tate si~IficaDt noise? - -.-.. . - ~ ~ 24. ~ ~ ) 26. .. ~ Could the project significantly affect the potential use, extu::tiolJ. or conservation of a natural resource? (See Notes.) Could the project result In ~amage to soil capability or loss of agricultural land? ~. .~ ~ 26. Additional remarks: .t --------------------;--~------------------------ -------------- --_:.. - --------ij. ~. prvj~l Js ~mpt. from EIl~ IfttMt .ttlJllltDS' EO ":'C'r~~~:l1 0 :,~." the City of~r?n, Calirorn1:a . . -u__ 6. 1 ~ .\ I ----:. ---+ -2. :, :1. " - ~ t- .0\, f .-i ',,~ ... GO!l'~ocJ'. . . ~ . '. ~ ~,,-.. .c~-> .t,~" ~ '~"~~~.;~:.~~.~ .:' ~,~,..~.,i:-~.;~r~~{~;;.,.,:,:~~~ .~. . .'~' '~'.~:'~~~~~i#l~.f:":' (daa)'/"" ~'.' '. Da,...._ aeYlc"ltC4! '-Y. . OD ., .i~wed by . on (date) . , De pai1mcfta Reviewed by . on (dale) - .. . Received by -- Rewrned to initiating deparnnent (date) . . Buod on the aoc.ye review, it is fOl,nd that aD .mvironmer.tll Imp.1ct statement 15 requ.ired. ~;-: S~d OJ<- ,.... - cr -Date NEGA T~VE DECLAR.". TION Based on Ule ab0ve revie,.., (and the statement below). it is found that this project does Dot cawe any stgn1ficnat environmental- impaC:L ~: Signed . Date STA n.:!:.1!..~.T OF l'i9_ SIGNIFI~~.~'n ENV1RON1-~ENTAL rpr-ECTS Par any poiras arm"'ered yes or "unknown". t.~e rC4!OOS for a nCE3 tlve declaration are as rol1,~ws: ... 4t' .4 r Dc t 72 ,i