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HomeMy WebLinkAbout3700RESOLUTION NO 3700 A RESOLUTION QF THE CITY COUNCIL QF THE CITY OF REDLANDS( CALIFORNIA( ADOPTING CRITERIA AND PROCEDURES FOR THE EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR ALL PROJECTS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970( AS AMENDED AND RESCINDING RESOLUTION NO 3438 TABLE OF CONTENTS DEFINITIONS Section I . Page 3 EMERGENCY PROJECTS Section II Page 8 CATEGORICAL EXEMPTIONS Section III . Page 9 TIME LIMITS Section IV . Page 17 CONTENTS & PROCESSING OF A NEGATIVE DECLARATION Section V . Page 20 CONTENTS FOR AN ENVIRONMENTAL IMPACT REPORT Section VI Page 20 EVALUATION OF ENVIRONMENTAL IMPACT REPORTS Section VII Page 20 PROCEDURES FOR PROCESSING AN ENVIRON- MENTAL IMPACT REPORT Section VIII Page 20 APPEAL PROCEDURES Section IX Page 21 ENVIRONMENTAL REVIEW PROCESSING PLOW CHART . Appendix I . Page 22 RESOLUTION NO 3700 A RESOLUTION OF THE CITY COUNCIL OF TUE. CITY OF REDLANDS, CALIFORNIA, ADOPTING CRITERIA AND PROCEDURES FOR THE. EVALUATION OF PROJECT$ AND THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR ALL PROJECTS PURSUANT TO THE CALIFORNIA. ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED AND RESCINDING RESOLUTION NO, 3438, WHEREAS, the California Legislature adopted a statute requiring the adoption of guidelines by all public agencies to establish. criteria and procedures for the. evaluation of projects and the preparation of Environmental Impact Reports pursuant to the California Environmental Quality Act of 1970; NOW, THEREFORE BE IT RESOLVED by the. City Council of the City of Redlands adopts by reference Title 14, Division 6., Chapter 3 Guide- lines for Implementation of the. California Environmental Quality. Act of 1970., as amended SECTION I For the purposes of this resolution, the following words and phrases shall have the meanings respectively ascribed to them; Applicant Applicant means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement to use. or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance, (15020,5) Approval Approval means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any. person The. exact date of approval of any project is a matter determined byeach public agency according to its rules, regulations, and ordinances, Legi- slative action in regard to a project often constitutes approval In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project (15021) CEQA (California Environmental Quality Act), California Environ- mental Quality Act means California Public Resources Code Sections 21000 et seq, (15022) Categorical Exemption Categorical Exemption means an exception from the requirements of CEQA for a class of projects ba,s.e.d on a finding by the Secretary for Resources that the class of projects does not have a, significant effect on the. environment (15023) Cumulative. Impacts Cumulative impacts refer to two or more. in- dividual effects which., when considered together, are considerable or which compound or increase other environmental impacts, (15023r,5) Decision -Making Body "Decision -making body" means any person or group of people within a public agency permitted by 14w to approve or disapprove. the project at issue (1502.3 7). Discretionary Project Discretionary project means an activity defined as a project which requires the. exercise of judgement, de- liberation, or decision on the part of the public agency or body in the process of approving or disapproving a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations A timber harvesting plan submitted to the State Forester for approval under requirements of the Z"berg-Nejedly Forest Practice Act of 1973 (Pub Res Code 4511 et seq ) constitutes a discretionary project within the meaning of the California Environmental Quality Act 5S 21065 (c) (15024) Emergency Emergency means a sudden, unexpected.ocrcu.r.ence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essen- tial public- services Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage (15025) Environment Environment means the physical conditions which. exist within the area which will be affetted by a proposed project in- cluding land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance (15026) Environmental Documents Environmental documents means Draft and Final EIRs, Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination (15026 5) EIR-- ENVIRONMENTAL IMPACT REPORT Environmental Impact Report means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the. California Environmental Quality Act, and may mean either a draft or a final EIR (a) Draft EIR means an EIR containing the information specified in Sections 15141, 15142, and 15143 of these Guidelines Where a Lead Agency consults with Responsible Agencies in the preparation of a draft EIR, the draft EIR shall also contain the information specified in Section 15144 (b) Final EIR means an EIR containing the information contained in the draft EIR( comments either verbatim. or in summary received in the review process, a list of persons commenting, and the. response of the Lead Agency to the comments received The final EIR is discussed in detail in Section 15146 of State. EIR guidelines (15027) EIS - ENVIRONMENTAL IMPACT STATEMENT Environmental Impact State- ment (EIS) means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA), The Federal Govern- ment uses the. term EIS in the.. placa of the term EIR which. is used in CEQA. (15028) Feasible Feasible means capable. of being accomplished in a success- ful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors (15029) Initial Study Initial study means a preliminary analysis prepared by the lead agency pursuant to Section 15080. to determine whether an EIR or a Negative Declaration must be prepared (15029 5) Jurisdiction by Law (a) Jurisdiction by law means the authority of any public agency (1) to grant a permit or other entitlement for use„ (2) toprovide funding for th.e project in question, or (3) to exercise authority over resources which may be affected by the project (b). A city or county will have jurisdiction by law with respect to a project when the city or county having primary jurisdiction over the area involved is the site of the project, the. area in which th.e major environmental effects will occur, and/or the area in which reside those citizens most directlyconcerned by any such environmental effects (c) Where an agency having jurisdiction by law must exercise dis- cretionary authority over a project in order for th.e project to proceed, it is also a Responsible Agency, see Section 15039, or the. Lead Agency, see Section 15030, (15029,6) Lead Agency Lead Agency means the public agency which has the principal resporisibility for carrying out or approving a project The Lead Agency will prepare the environmental documents for the project whetherdirectly or by contact Criteria for determining which agency will be. the Lead Agency for a project are contained in Section 150.65, (15030) Local Agency. Local agency means any public agency other than a state. agency, board or commission Local agency includes, but is not limited to, cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency, (:150311 Ministerial Projects Ministerial projects as a general rule. include those. activities defined as projects which. are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate. of legal authority With these projects, the. officer or agency must act upon the given facts without regard to his own judgement or opinion concerning the. propriety or wisdom of the act although. the. statute, ordinance, or regulation may require, in some degree, a construction of its language. by the officer In summary? a ministerial decision involves only the use of fixed standards or objective measurements without personal judgement (150.32) Mitigation Mitigation includes (a). Avoiding the impact altogether by not taking a certain action or parts of an action (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, (c) Rectifying the impact by repairing, rehabilitating, or re- storing the impacted environment (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the. life of the action (e) Compensating for the impact by replacing or providing sub- stitute resources or environments (15032 5) Notice of Exemption Notice of Exemption means a brief notice which may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project Such a notice may also be filed by an applicant where such a determination has been made by a public agency whichmust approve the project, The contents of this notice. are explained in Sections 15074 (0) and (b) of the State EIR guidelines (15035.5)- Notice of Preparation Notice of Preparation means a brief notice sent by a Lead Agency by certified mail to notify the. Responsible Agencies that the Lead Agency plans to prepare an EIR for the project The purpose of the notice is to solicit guidance from the Respon- sible Agencies as to the scope and content of the environmental information to be included in the EIR (15035 7) Person Person includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State, and any of the agencies' political subdivisions of such entities (15036) Project (a) Project means the whole of an action, which, has a potential for resulting in a physical change. in the new environ- ment, directly or ultimately, that is any of the. following (1) An activity directly undertaken by any public agency including, but not limited to, public works construction and related activities, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 6510.0 - 65700 (2) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans or other forms of assistance from one or more public agencies (3). An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies (b) Project does not include (1). Anything specifically exempted by state law (2) Proposals for legislation to be enacted by the Stage Legisla- ture, (3) Continuing administrative or maintenance activities, such as purchases for supplies, personnel -related actions, emergency re- pairs to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies (4) The submittal of proposals to a vote of the people of the State or of a particular community (c) The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies The term "project" does not mean each separate governmental approval (15037) Public Agency Public agency includes any state agency, board or commission and any local or regional agency, as defined in these Guidelines It does not include the, courts of the State This term does not include agencies of the federal government (150381 Responsible Agency Responsible agency means a public agency. which proposed to carry out or approve a project, for which a Lead Agency has prepared the environmental documents For the purposes of CEQA, the. term "responsible agency" includes all public agencies other than the lead agency which has discretionary approval power over the project,.. (15039) Significant Effect on the Environment Significant effect on the environment means a substantial, or potentially substantial, adverse change n any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (150.40) Tiering "Tiering" refers to the coverage of general matters in broad scope or program EIRs with. subsequent narrower environmental documents (such as sitespecific ETRa), incorporating by reference the general discussions and concentrating solely on the issues specific to the environmental document subsequently prepared (15041) Trustee. Agency "Trustee. agency" means a state agency having jurisdiction y law over natural resources affected by a, project which. are held in trust for the people of the State of California, Trustee agencies. include (a) The California Department of Fish. and Game with, regard to the fish and wildlife of the state, (b) The State Lands Commission with regard to state. owned "sove- reign" lands, (c) The State Department of Parks and Recreation with regard to units of the State Park System (d) The University of California with regard to sites within the. Natural Land and. Water Reserve System NOTE Authority cited Section 21083, Public Resources Code; Reference Sections 21080 3 and 210.80,4, Public Resources Code (15042)_ Urbanized. Area "Urbanized area" means a central city or a group of contiguous cities with a 1970 population of 50.000, or more, to- gether with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. as periodically designated by the. U S Bureau of the Census Maps of the desig- nated urbanized areas can be found in. the California EIR Monitor of February 7 1979 The maps are also for sale by the Superin- tendent of Documents, U S, Government Printing Office, Washington, D.C. 2040.2 The maps are sold in se.ts only as Stock. Number 0301-3466 (15043) SECTION II Emergency Projects A Emergency Project Exemptions - The following emergency projects are exempt from the requirements of CEOA and no EIR is required: 1 Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of Emergency has been proclaimed by the Government pursuant to Chapter 7 (commencing with. Section 8550). Division 1, Title 2 of the Government Code 2 Emergency repairs to public seivice facilities necessary to maintain service 3 Specific action necessary to prevent or mitigate an emergency --8- SECTION III Categorical Exemptions Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which, have been determined not to have a significant effect on th.e environment and which shall, therefore, be exempt from the. provisions of the Environmental Quality Act of 1970. In response. to that mandate/ the Secretary for Resources has found that the following classes of projects listed in this. article do not have a significant effect on th.e environment and they are declared to be categorically exempt from the requirement for the preparation of environmental documents (15100.) Class 1 Existing Facilities Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topo- graphical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (a), Interior or exterior alterations involving such things- as interior partitions. Plumbing, and electrical conveyances; (b) Existing facilities of both investor and publicly owned utilities. used to Provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and similar facilities except where the activity will involve removal of a scenic resource in- cluding but not limited to a stand of trees, a rock. outcropping, or an historic building- (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equip- ment to meet current standards of public health and safety, unless it is determined that the damage. was substantial and resulted from an environmental hazard such as earthquake, landslide. or flood; (.e). Additions to existing structures provided that the addition will not result in an- increase. of more than (1). 50% of the floor area of the structures before the addition or 2,500 sq ft ,whichever is less; or (2) 10,000 sq. ft if (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the. General Plan and (B) The area in which. the project is located is not environ- mentally sensitive (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, o.r topographical features including naviga- tional devices; (g) New copy on existing on -and off -premise signs; (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding th.e use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); (i) Main- tenance of fish screens, fish ladders, wildlife habitat areas; artificial wildlife waterway devices, streamflows, springs and water holes, and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish. stocking by the California Department -9- of Fish. and Came; (k) Division of existing multiple family rental units into condominiums; (1) Demolition and removal of individual small structures listed in this subsection except where the struc- tures are of historical, archaeological or architectural significance (1) Single,f amity residences not in conjunction with the demolition of two or ,more units; (2) Motels, apartments, and duplexes designed for not more. than four dwelling units if not in conjunction with the demolition of two or more such structures; (3) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with. the demolition of two or more such structures; (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences, (m). Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources (n) Conversion of a single family residence to office use (o). The conversion of existing commercial units in one structure from single to condominium type ownership (15101) Class 2 Replacement or Reconstruction Class 2 consists of replace- ment or reconstruction -of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to (a) Re- placement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capa- city more than 50..0; (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity (c) Replacement or reconstruction of existing utility systems and/ or facilities involving negligible or no expansion of capacity (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding NOTE Authority; Section 210.83, Public Resources Code; Reference Sections 21084 and 21085, Public Resources Code (15102) Class 3 New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure The numbers of structures described in this section are the maximum allowable within a two year period Examples of this exemption include but are not limited to (a) Single-family residences not in conjunction with the building of two or more such units In urbanized areas, up to three single- family residences may be constructed under this exemption (h) Apart- ments, duplexes and similar structures, with not more than four dwelling units if not in conjunction with the building of two or more such structures In urbanized areas, the exemption applies to -10-- Single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in con- junction with the building of two or more such structures. (c) Stores motels, offices, restaurants and similar small commercial structures not involving the use of significant amounts of hazardous substances, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures In urbanized areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less, if not constructed in con- junction with the building of 4. or more such structures and if not involving the use of significant amounts of hazardous substances (d.)_ Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction (15102) Class 4 Minor Alterations to Land Class 4 consists of minor public or private alterations in the condition of land, water and/or vegeta- tion which do not involve removal of mature, scenic trees except for forestry and agriculture purposes Examples include but are not limited to (a) Grading on land with a slope of less than 10%, except where it is to be located in a waterway, in any wetland, in an officially designated (by federal, state or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard (b) New gardening or landscaping (c) Filling of earth into previously excavated land with material compatible with the natural features of the. site (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (fl Minor trenching and backfilling where the surface is restored. (g) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal re- gulatory agencies (h) The creation of bicycle lanes on existing rights -of way (15104) Class 5 Minor Alterations in Land Use Limitations Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or den- sity, including but not limited to (a) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel (b) Issuance of minor encroachment permits (c). Revision to acreage in accordance with the Subdivision Map Act (d) alley vacations, (15105) Class 6 Information Collection Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource These may be for strictly information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded (15106) Class 7 Actions by Regulatory Agencies for Protection of Natural Resources Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinace to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the enviroment. Examples include but are not limited to wildlife preservation acti- vities of the. State Department of Fish and Game Construction acti- vities are not included in this exemption (15107) Class 8 Actions by Regulatory Agencies for Protection of the Environment Class 8 consists of actions taken by regulatory agencies, as authorized by state and local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environ- ment Construction activities are not included in this exemption (15108) Class 9 Inspections Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or Quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation or adulteration of products. (15109) Class 10 Loans Class 10 consists of loans made by the Department of. Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such. mortgages by financial institutions Class 10 includes but is not limited to the following examples (a) Loans made by the Department of Veterans Affairs under the VeteranS Farm and Home Purchase. Act of 1943 (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System (15110). Class 11 'Accessory Structures Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, in- cluding but not limited to (a) On premise signs; (b) small parking lots; (.c) Placement of seasonal or temporary use items such as life- guard towers, mobile food units, portable restrooms or similar items in generally the,samelocations from time to time in publicly owned parks, stadiums, or other facilities designed for public use (15111) Class 12 Surplus Government Property Sales Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sale is exempt if (a) The property does not have significant -12- values for wildlife habitat or other environmental purposes, and (b) Any of the following conditions exist (1) The property is of such size or shape that it is incapable of independent development or use; or (2) The property to be sold would qualify for an exemption under any other class ofcategorical exemption in Article 8 of these Guildlines, or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency (15112) Class 13 Acquisition of Lands for Wildlife Conservation Purposes Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation offish and wildlife habitat, establishing ecological reserves under Fish and. Game Code Section 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition (.15113). Class 14 Minor Additions to Schools Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less The addition of portable classrooms is included in this exemption, (15114). Class 15 Minor Land Divisions Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not in- volved in a division of a larger parcel within the previous 2 years, and the parcel does not have a slope greater than 20%, (15115) Class 16 Transfer of Ownership of Land in Order to Create Parks Class 16 consists of the. acquisition or sale of land in order to establish a park where the land is in a natural condition or con- tains historic sites or archaeological sites and either (a). The. management plan for the park has not been prepared (b) The mana- gement plan proposes to keep the area in a natural condition or preserve the historic or archaeological site, CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeo- logical site... (15116) Class 17 Open Space Contracts or Easements Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain theopen space character of the area The cancellation of such preserves, contracts, interests or easements is not included (15117) Class 18: Designation of Wilderness Areas Class 18 consists of the designation of wilderness areas under the California Wilderness System (15118) Class 19 Annexations of Existing Facilities and Lots for Exempt Facilities Class 19 consists of only the following annexations: (a)Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the. current zoning or prezoning of either the gaining or losing governmental agency whichever is more restrictive, pro- vided, however, that the extension of utility services. to the existing facilities would have a capacity to serve only the existing facilities (bi Annexations of individual small parcels of the minimum size for facilities exempted by Section 15103, New Cons- truction of Small Structures. (1511al Class 20 Changes in Organization of Local Agencies Class 20 con- sists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geor- graphical area in which previously existing powers are exercised Examples include but are not limited to (a) Establishment of a subsidiary district (b) Consolidation of two or more districts having identical powers (c) Merger with a city of a district lying entirely within the boundaries of the city (15120) Class 21 Enforcement Actions by Regulatory Agencies (a) Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency or law, general rule, standard, or objective, administered or adopted by the regulatory agency Such actions include, but are not limited to, the following (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General District Attorney, or City Attorney as appropriate, for judicial enforcement (.2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate or entitlement for use or en- forcing the general rule, standard or objective. (b) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption (15121) Class 22 Educational or Training Programs Involving no Physical Changes Class 22 consists of the adoption, alteration or termination of educa- tional or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures Examples include, but are not limited to (a) Development of or changes in curriculum or training methods (b) Changes in the grade structure in a school which do not result in changes in student transportation (15122) -14- Class 23 Normal Operations of Facilities for Public Gatherings Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose Facilities included within this exemption include, but are not limited to racetracks, stadiums, convention centers, audit- oriums, amphitheaters, planetariums, swimming pools and amusement parks. (15123) Class 24 Regulation of Working Conditions Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regu- late any of the following (a) Employee wages, (b) Hours of work, or (c) Working conditions where there will be no demonstrable physi- cal changes outside the place of work (15124) Class 25 Transfers of Ownership of Interests in Land to Preserve Open Space Class 25 consists of the transfers of ownership of interests in land in order to preserve open space Examples include but are not limited to (a) Acquisition of areas to preserve the existing natural conditions, (b) Acquisition of areas to allow continued agricultural use of the areas, (c) Acquisition to allow restoration of natural conditions (d) Acquisition to prevent encroachment of development into flood plains NOTE Authority Section 21083, Public Resources Code; Reference Sections 21084 and 21085, Public Resources Code (15125) Class 26 Acquisition of Housing for Housing Assistance Programs Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units The housing units may be either in existence or processing all required permits for construction when the agency makes its final decision to acquire the units NOTE Authority cited Section 21083, Public Resources Code; Reference Sections 21084 and 21085, Public Resources Code (15126) Class 27 Leasing New Facilities (a) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately - owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA To be exempt under this section, the proposed use of the facility (1) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared (2) Shall be substan- tially the same as that originally proposed at the time the building permit was issued (3) Shall not result in a traffic increase of greater than 100 of front access road capacity( and (4) $h.al1 include the provision of adequate employee and visitor parking facilities (b) Examples of Class 27 include but are not limited to (1) Leasing of administrative offices in newly constructed office space; (2) Leasing of client service offices in newly constructed retail space; (3) Leasing of administrative and/or client service offices in newly constructed industrial parks (15127) Rates, Tolls, Fares, and Charges (a) CEQA does not apply to the establishment, modification, structuring, restructuring, or ap- proval of rates, tolls, fares or other charges by public agencies which the public agency finds are for the purpose of; (1) Meeting operating expenses, including employee wage rates and fringe bene- fits, (2) Purchasing or leasing supplies, equipment or materials, (3) Meeting financial reserve needs and requirements,, (4) Obtain- ing funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter (6) The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this section is claimed setting forth with specificity the basis for the claim of exemption NOTE Authority Section 21083, Public Resources Code, Reference Section 21080(b)(8), Public Resources Code (.15079 1) Proposition 13 Adjustments CEQA does not apply to actions taken prior to January 1, 1982, by a public agency to implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the California Constitution This exemption is limited to projects directly undertaken by any public agency or projects undertaken by a person which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies where the projects (a) Initiate or increase fees, rates, or charges charged for any existing public service, program, or activity, or (b) Reduce or eliminate the availability of an existing public service program, or activity, or (c) Close publicly owned or operated facilities, or (d) Reduce or eliminate the availability of an existing publicly owned transit service, pro- gram, or activity (15079 2) Section 3.1 Ministerial Projects Ministerial projects include but not limited to (A) House moving permits (B) Commission review and approval permits for signs, CRA for conditional use permits for which an environmental document has been prepared, and certain CRA's as defined by the Department of Planning and Community Development (C) Permits issued by the Building Department for home improvements or repairs. (D) Approval of industrial waste water discharge permits (E) Permit issued by the utility division for individual services (F) Issuance of building permits (G). Issuance of business licenses (H) Appro- val of final subdivisions Section 4 TIME LIMITS I Projects With Short Time Periods For Decisions (a) A few statutes require agencies to make decisions on per- mits within time limits that are so short that review of the project under CEQA would be difficult To enable the Lead Agency to comply with both the permit statute and CEQA, the Lead Agency shall deem an application for a project not received for filing under the per- mit statute until such time as the environmental documentation re- quired by CEQA has been completed This section will apply where all of the following conditions are met (1) The enabling legislation for a program, other than Chapter 4 5 (commencing with Section 65920) of Divi- sion 1 of Title 7 of the Government Code, requires the Lead Agency to take action on an application within a specified period of time that is six months or less, and (2) The enabling legislation provides that the project will become approved by operation of law if the Lead Agency fails to take any action within such specified time period, and (.3) The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use (b) Examples of time periods subject to this section include but are not limited to (1) Action on a Tentative Subdivision Map by a local govern- ment within 50 days pursuant to Article 2 of the Govern- ment Code, (2) Action on Commission Review and Approval application sub- mitted to the City of Redlands (3) Action on a Conditional Use Permit application submitted to the City of Redlands (4) Action on a General Plan Amendment Application submitted to the City of Redlands (5) Action on a Specific Plan of Development application submitted to the City of Redlands as defined under Government Code, Article 8, Section 65450 _17_ (c) In any case described in this section, the environmental document shall be completed or certified and the decision on the ap- plication shall be made within one year from the date on which an application requesting approval of such project has been received and accepted as complete for CEQA processing by such agency This one year time limit may be extended once for a period not to exceed 90 days uponconsent of the public agency and the applicant (15054 1) IZ Procedures Step One 1. Th.e intended action is not a project by CEQA definition; there- fore, an Initial Environmental Study is not necessary. Non - project definition includes anything which is specifically ex- empted by state law or this resolution and continuing administra- tive or maintenance activities 2 The project is categorically exempt; therefore, an Initial En- vironmental Study is not necessary These are projects found by the Secretary for Resources of the State of California and those specific activities listed by the City Council to fall within each of the exempted classes to have no significant effect on the en- vironment and do not require completion of an Initial Environmental Study These projects have been defined earlier in this resolution as Categorical Exemptions 3 It is an emergency action and an Initial Environmental Study is not necessary (a) These consist of projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a re- sult of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8Q50) of Division 1, Title 2 of the Government Code; or (b) Emergency repairs to public service facilities necessary to maintain service; or (c) Specific actions necessary to prevent or mitigate an emer- gency 4 The proposed action is one which requires an Initial Environmental Study If a project is subject to the requirements of CEQA and not exempted by this resolution, the lead agency shall prepare an Initial Environmental Study If an Initial Environmental Study is required, it is prepared by the lead agency and submitted to the Environmental Review Committee through th.e Department of Planning and Community Development -18- The purpose of the Initial Environmental Study is to 1. Identify environmental impacts 2 Enable the city departments having jurisdiction or the project sponsor to modify the project by identifying mitigating measures to be incorporated into the project design. 3 Focus an EIR, if one is required, on potentially signifi- cant effects 4. Facilitate environmental assessment early in the design a project 5 Provide documentation of the factual basis for findings in a Negative Declaration that a project will not have a sig- nificant effect on the environment 6 Eliminate unnecessary EIR. Step Two of If a project requires an initial study, then not later than 30 calen- dar days after the Department of Planning and Community Development has received an application for a development project, the department shall determine in writing whether such application is complete and shall immediately transmit suchdetermination to the applicant for the development project. In the event that the application is determined not to be complete, the department's determination shall specify those parts of the ap- plication which are incomplete and shall indicate the manner in which they can be made complete. Resubmittal of an application starts a new period of review The Environmental Review Committee shall consist of representatives, each to be known as an Environmental Impact Evaluator, from the De- partment of Planning and Community Development, Public Works Depart- ment, Department of Building and Safety, Parks Department, and City Manager's Office The head of each department or agency above named shall designate the Environmental Impact Evaluator from such depart- ment The representative of the Department of Planning and Community Development shall be chairman of the Committee. The Committee shall meet weekly or at such time as may be determined necessary by the membership. The Committee may establish additional administrative procedures to effectively perform its duties Step Three Not later than 45 days from the date on which an application for a project has been received and accepted as complete, the ERG shall make one of the following findings 1 More information is needed for the Committee to properly evaluate the project (Resubmission of information starts -19- a new 45 days of review and failure to submit information within sixty (60) days shall terminate further processing of application.) 2 The project will have no significant environmental effects and a Negative Declaration will be prepared The processing of a Negative Declaration shall be pursuant to Title 14, on Section 15083 of the State EIR Guidelines. 3 The project could have a significant environmental effect but mitigation measures have been incorporated into the pro- ject by the project sponsor and a Negative Declaration pre- pared. 4. There is a significant environmental effect and an Environ- mental Impact Report is necessary Section V Contents and Processing of a Negative Declaration The contents and processing of a Negative Declaration shall be pur- suant to Article 7, Sections 15080 - 15090. When a Negative Declar- ation is prepared by the Committee, it is posted on a public bulletin board at City Hall and published in a local newspaper or common cir- culation indicating that all comments must be received within ten (10) days. After the ten-day public review period, the decision of the Environmental Review Committee will be final, and this marks the end of the environmental review process Section VIContents of Environmental Impact Reports Contents of an EIR shall be pursuant to Article 9, Sections 15140 to 15151 of the State Environmental Impact Report Guidelines as amended Section VII Evaluation of Environmental Impact Reports Evaluation of the EIR shall be pursuant to Article 10, Section 15160 to 15167 of the State Environmental Impact Report Guidelines as amended Section VIII Procedures for Processing an EIR If the Committee determines that there will be a significant environ- mental effect and an Environmental Impact Report is necessary, the draft Environmental Impact Report will be prepared by the lead agency or by a consultant under contract to the lead agency. The processing of the proposed project will be held at this point until the final environmental review procedure is completed, but in no case shall the certification of an EIR take longer than one year un- less the project qualified under Section 15054 2 of the State EIR Guidelines A. The Environmental Review Committee will review the draft EIR provided by the consultant. Fourteen to 45 days will be al- lowed for the evaluating and revising information of the draft Environmental Irnpact Report. Evaluation is intended to assure that all probable negative and positive environ- mental effects and considerations have been addressed in the draft EIR. The Environmental Review Committee may re- quest additional information (This is not a public review period.) B. If the draft Environmental Impact Report is found to be ade- quate, the applicant is notified and a "Notice of Completion` is filed with the Secretary of the Resources Agency. C. The Environmental Review Committee will place on a public bulletin board, publish in a local newspaper, notify adja- cent property owners and responsible agencies that an environmental document has been prepared for a project and that public comments or appeals must be received within a specified period. The reviewing period will extend thirty calendar days from the date of public posting. Response to comments received during public review period will be made within one day to one month, or longer, depending on the number of issues and their complexity. The Environmental Review Committee will consult with appropriate public agen- cies with respect to any environmental effect of the project. D. At the end of the review period, the Environmental Review Committee, based on its own review as well as that of the public and other agencies, will prepare the final Environ- mental Impact Report Included in the EIR will be all com- ments in summary or verbatim from the Environmental Review Committee and all concerned persons or agencies. Section IX: Appeal Procedure Any person or agency aggrieved by the decision of the ERC to grant a Negative Declaration or the requirement to prepare an EIR may appeal this decision to City Council. The appeal shall be filed with the City Clerk within ten (10) days from the date of the decision. Rea- son for an appeal must relate to issues identified in the initial study of the project. The appeal shall also contain factual data supporting the basis of the appeal ADOPTED, SIGNED AND APPROVED this 5th daffy of.August,.:1980. ff ,,- ATTEST• i Deputy City: -Lg'rk -21- 3O APPLICATION SUBMITTED DAYS REVIEWED BY STAFF FOR COMT=LETENESS APPLICATION REJECTED INCOMPLETE APPLICATION APPLICATION ACCEPTED AS COMPLETE INITIAL STUDY PERFORMED 95 DAYS CONSULTATION WITH RESPONSIBLE AGENCIES AND AGENCIES WITH JURISDICTION ERC DETERMINES TO PREPARE EIR OR A N D PREPARED EIR TO BE PREPARED NOTICES OF PREPARATION SENT TO 45 DAYS RESPONSIBLE AGENCIES RESPONSES TO NOP RECEIVED BY LEAD AGENCY NEGATIVE DECLARATION CIRCULATED FOR REVIEW FOR 10 DAYS (STATE REVIEW - 30 DAYS) COMMENTS ON NEGATIVE DECLARATION RECEIVED CHANGES IN NEGATIVE DECLARATION TO REFLECT COMMENTS 105 NEGATIVE DECLARATION COMPLETED DAYS NEGATIVE DECLARATION ADOPTED ENVIRONMENTAL REVIEW PROCESS DRAFT EIR PREPARED DRAFT EIR REJECTED DATA BACK T0'CONSULTANT FOR REVISIONS ERC ACCEPTS OR REJECTS DRAFT EIR COMPLETED NOTICE OF COMPLETION FILED r PROJECT SENT TO PLANNING COMMISSION FOR ACTION OR RECOMMENDATION PUBLIC REVIEW PERIOD CLOSED PUBLIC REVIEW OF DRAFT EIR d 30 DAYS WRITTEN COMMENTS RECEIVED (STATE REVIEW . 45 DAYS) CITY COUNCIL ACTION DECISION ON PROJECT ,NOTICE OF DETERMINATION FINAL EIR PREPARED (INCLUDING RESPONSES TO COMMENTS) FINAL EIR PREPARED PLANNING COMMISSION FOR RECOMMENDATIONS CITY COUNCIL. ACTION 1 CERTIFICATION OF FINAL EIR YEAR DECISION ON PROJECT (FINDINGS) NOTICE OF DETERMINATION FILED ,71 • .1;