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HomeMy WebLinkAbout7744 RESOLUTION NO 7744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS UPDATING GUIDELINES FOR THE USE OF QUALIFIED CONSULTANTS TO PREPARE ENVIRONMENTAL DOCUMENTS AND RELATED TECHNICAL REPORTS IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR PROPOSED PRIVATE DEVELOPMENT PROJECTS WHEREAS, on Septeinbei 3, 2003, the City Council unanimously adopted a policy regarding the control of preparing, administering, and processing of environmental studies and assessments for development projects for the purpose of compliance with the California Environmental Quality Act, consisting of the following I The City shall utilize an approved list of environmental consultants, 2 All projects shall be evaluated to identify what environmental studies are required and the information, analysis, and potential mitigation measures needed based upon the evaluation, 3 All projects that are deemed to require an Environmental Impact Report and all projects located in the Resource Preservation, Resouice Conscivation, or Flood Control/Construction Aggregates Conservation/Habitat Preservation land use designated areas shall have environmental studies contracted through the City and paid for by the applicant, 4 Projects not subject to an Environmental Impact Report and not located in the Resource Preservation, Resource Conservation, or Flood Control/Construction Aggregates Habitat/Habitat Preservation land use designated areas shall have envirorunental studies done by consultants selected from the City's approved list of consultants, and, S Prior to accepting an application as complete, all environmental studies shall be completed to the satisfaction of staff WHEREAS, the technical standards, analytical methods, computer models, and legal requirements foi compliance with the California Environmental Quality Act have continually become more complex since the Council's adoption of the policy on September 3, 2003, and, WHEREAS, qualified environinental consulting firms offer services and staffing that will assist the City with fully complying with the contemporary and changing requirements of the California Enviromnental Quality Act, and, I I lcclerk\Resolutions\Res 7700-779917744 - environmental procedures docx WHEREAS, the contemporary requirements, complexity of analysis, and level of detail needed to prepare a Mitigated Negative Declaration (MND) or Negative Declaration (ND) have reduced the analytical gap between an Envii onmental Impact Report (EIR) and a ND/MND, and, WHEREAS, the updated policy is expected to improve the efficient use of staff resources, and result in overall improvements to the development review and decision-making process, and, WHEREAS, the proposed revisions will be entirely consistent with the required findings for CEQA documents, including that the environmental document ieflects the Iead agency's independent judgement and analysis (CEQA Guidelines Sections 15074(b) and 15090(a)), and, WHEREAS, it is the lecoiminendation of City staff that the City Council update and revise the guidelines for the City's selection and hiring of qualified consultants to prepare environnental documents and related technical reports in accordance with the California Environmental Quality Act, and, WHEREAS, the City Council of the City of Redlands has adopted Ordinance No 2810, which is codified in Chapter 2 16 of the Redlands Municipal Code, to provide a procedure to procure Other Professional Services from qualified consultants including but not limited to envu•onnental document preparation services and other Planning-related services NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows Section 1 The following factors are revised or added regarding the control of preparing, administering, and processing of environmental studies and assessments foi development projects for the purpose of compliance with the California Environriental Quality Act 1 The City shall utilize an approved list of environmental consultants 2 All projects shall be evaluated to identify what environinental studies are required and the information, analysis, and potential mitigation measures needed based upon the evaluation, which may occur after application submittal and review by staff 3 All piojects that aie deemed to iequire an Environmental Impact Report and all projects located m the Resource Preservation, Resource Conservation, or Flood Control/Construction Aggregates Conservation/Habitat Preservation land use designated areas shall have enviroiunental studies contracted through the City and paid for by the applicant The applicant may prepare and submit up to three environmental technical reports, which shall be prepared by consultants fiom the City's approved consultant list, and may be subject to third-party peer review contracted through the City and paid for by the applicant 2 1\ccIerk\Resolutions\Res 7700.779917744-envnomnental procedures docx 4 Majoi projects not subject to an Envnromnental Impact Report and/or not located in the Resource Preservation, Resource Conservation, or Flood Control/Construction Aggregates Habitat/Habitat Preservation land use designated areas shall have environmental studies contracted through the City and paid for by the applicant (e g , Initial Studies for Negative Declarations or Mitigated Negative Declarations) The applicant may prepare and submit up to three envi oiunental technical reports, which shall be prepared by consultants from the City's approved consultant list, and may be subject to third-party peel review contracted through the City and paid for by the applicant 5 All supporting environmental and/oz engineering tecluiical reports prepared by the applicant (if any) shall be completed to the satisfaction of staff Other general guidelines 6 Applicants frequently prepare one or more engineering reports prior to application submittal to the City, as such reports inform and assist the applicant with designing thea project prior to submittal (e g , soils report, preliminary hydrology report, piellminary drainage/grading plan, geotechnical engineering report, slope stability analysis, Phase 1 or 2 ESA reports, etc) Such reports may be considered to be engineering reports, and not as environmental teelmical reports Such reports shall be prepared by Calzfoznia-licensed engineering professionals (when applicable) and need not be consultants from the City's approved list 7 From tinne to time, depending in project site conditions or surroundings, engineering technical reports may zequxre independent peer review (by professionals with equivalent licenses of qualifications) depending on the facts and circumstances of a specific property Examples of studies that may require peer review include a geotechnical report for a project located within or near an Alquist-Priolo Earthquake Fault Zone, a slope stability analysis for hillside properties or potentially unstable slopes, a Phase 1 or 2 envirozunental site assessment or site investigation for any property with possible contamination or hazardous materials In such cases, the Applicant may be required to conduct further work at thein own cost, and revisehesubmit techrucal reports to the satisfaction of City staff S Certain environmental technical studies may be dependent on timing or ainrival seasons to produce a valid study and valid conclusions Examples include biological habitat assessments during the Spring season, wildlife surveys during the peak seasonal activity period of a given species, or traffic studies near schools when in session, or other unique traffic generators Applicants may choose to prepare one or more technical report(s) in the interest of expediting the processing of their project, the City may require a third-party peel 1 eview contracted through 3 I\cclerklResolutions\Res 7700-779917744 - enviroiuuental procedures docx the City and paid for by the applicant Section 2 The City Council hereby finds and determines that the adoption of this resolution is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of this Resolution may have a significant effect on the environment Section 3 Should any part or portion of this Resolution be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Resolution, or of any fee, shall not invalidate the remaining portions hereof, of the remaining fees, and they shall remain in full force and effect ADOPTED, SIGNED AND APPROVED this 24th day of July, 2017 Paul W Foster, Mayor ATTEST ie Donaldson, City Clerk 4 I 1cclerk\Reso1utionslRes 7700-779917744 - environmental procedures docx 1, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregomg Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 24th day of July, 2017, by the following vote AYES Counczlmembers Harrison, Barich, Tejeda, Mayor Foster NOES None ABSTAIN None ABSENT Councilmember Gilbreath J e Donaldson, City Clerk 5 I 1cclerk\Resolutions\Res 7700-779917744-environmental procedures docx