HomeMy WebLinkAbout3438_CCv0001.pdf RESOLUTION NO. 3438
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA, ADOPTING CRITERIA JAMN
PROCEDURES FOR TEE EVALUATION OF PROJECTS AND
THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS
FOR ALL PROJECTS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
AND RESCINDING RESOLUTION NO. 3395
RESOLUTION No. 3438
A RESOLUTION OF THE CITY COUNCIL OF 'ME CITY OF
REDLANDS, CALIFORNIA, ADOPTING CRITERIA AND
PROCEDURES FOR THE EVALUATION OF PROJECTS AND
THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS
FOR ALL PROJECTS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
AND RESCINDING RESOLUTION NO. 3395
Table of Contents
Tie Page
Authority. . . . . . . . . . . . . . . . . . . . . . . 1, Section 1,
Definitions. . . . . . . . . . . . . . . . . . . . . . 2, Section 2
Exemptions . . . . . . . . . . . . . . . . . . . . . . 4, Section 3
Ministerial Projects . . . . . . . . . . . . . . . . . 9, Section 3 .1
Time Limits and Procedures . . . . . . . . . . . . . .10, Section 4
Procedure for Processing an Environmental
Impact Report. . . . . . . . . . . . . . . . . . . . .114, Section 5
RESOLUTION NO. 3438
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS, CALIFORNIA, ADOPTING CRITERIA AND
PROCEDURES FOR THE EVALUATION OF PROJECTS AND
THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS
FOR ALL PROJECTS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
AND RESCINDING RESOLUTION NO. 3395
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;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Redlands as follows:
Section 1: Resolution No. 3395 o.4 the City Council of the
City o? Redlands is hereby repealed, and the criteria and guidelines
in the following section are hereby adopted pursuant to the California
Environmental Quality Act of 1970, as amended.
Section 2: For the purposes of this resolution, the following
words and phrases shall have the meanings respectively ascribed to
them:
A. Categorical Exemptions - Those classes of projects determined
by the Secretary for Resources of the State of California to
have no significant effect on the environment and therefore
exempt from the requirements of the California Environmental
Quality Act of 1970 (CEQA) , as amended.
B. Cumulative Impacts - Two or more individual effects which,
when considered together, are considerable or which com-
pound or increase other environmental impacts. The
individual effects may be changes resulting from a single
project or a number of separate projecti:.
C. Emergency - A sudden unexpected occurrence, involving a
clear and imminent danger, demanding immediate action to
prevent or mitigate loss of, or damage to, life, health,
property, or essential 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.
D. Environment -- Consists of the surrounding conditions,
influences and forces that, influence or modify the entire
range of soil,, water, climate, plant and animal life as
well as the aggregate of social economic and cultural
conditions including all factors listed on the Initial
Study Form which is attached as Exhibit I and Il of this
resolution.
E. Environmental. ,Assessment -- An Initial Studd prepared by
the lead agency having jurisdiction over the project or<
the private project sponsor to determine whether a pro-
posed project may have a significant adverse effect on
the environment and the formal evaluation by they Environ-
mental Review Committee to determine if the project may
have significant adverse effect on the environment- con-
cluding that an Environmental Impact Report or a Negative
Declaration must be prepared.
F. Environmental Impact Report (EIR) A detailed report which
identifies and analyses the environmental effects and con-
siderations, bath positive; and negative of a. proposed project
and may mean either a draft or a final ETR`.
1,. Draft E CR - A detailed report containing the information
specified in Sec,, 15140,15141, 1.51.42, 1514.3, 15143.1, and
15143.5 of the state guidelines.
2. Final EIR - An EIR containing the elements contained
in the draft EIR as well as comments, either verbatim
or in summary, received in the pabl. c review process,
and a list of persons Commenting, and the response o
the lead agency to such comments.
G. Lead Agency - The public agency which has the principal
responsibility for carrying out or approving a project which
may have a significant effect on the environment. The Lead
agency will prepare the environmental documents or the project.
H. Feasible - Capable of being accomplished in a. successful manner`
within a reasonable period of time, taking into account
economic, ,social arra technological factors.
I Jurisdiction by Law -- The authority of any public agency:
1. To grant a permit or other entitlements of use,.
2 . To provide funding for the project in question, or
3 . To exercise authority over resources which, may be
affected by the project.
1
Resolution No. 3438
page two
J. Negative Declaration - A written statement made by the
Environmental Review Committee having jurisdiction over
the project, filed with the Clerk of the County of San
Bernardino briefly describing the reasons that the pro-
posed project, although not otherwise exempt, will not
have a significant effect on the environment and there-
fore does not require an EIR.
X. Notice of Completion - A brief written notice filed with
the State Secretary for Resources subsequent to the com-
pletion of a draft EIR for a project and prior to the
distribution of copies of the draft for public review
and/or comment. The notice shall include a brief descrip-
tion of the project, its proposed location, an address
where copies of the draft EIR are available, and the period
during which the comments will he received.
L. Notice of Determination - A brief, written notice filed
with the Clerk of the County of San Bernardino subsequent
to the City Council 's or Planning commission 's decision to
approve or disapprove a project which is subject to the
provision of CEQA. If the project requires discretionary
approval from a state agency, the notice shall also be filed
with the Secretary for Resources. Such notice shall in-
clude identification of the project by its common name
where possible, the decision of the lead agency to approve
or disapprove the project, the determination whether the
project will have significant effect on the environment,
whether an EIR has been prepared in accordance with pro-
visions of C20A and was certified as required by Section
15085 (g) of the state guidelines and a brief statement of
the mitigation measures if any which were adopted by the
lead agency to reduce the impacts of the approved projects.
Mo Notice of Exemption - A brief written notice which may be
filed with the Clerk of the County of San Bernardino sub-
sequent to the City Council 's decision to carry out a
project that is categorically exempt on an emergency project,
N. Notice of Intent - Notice of Intent means a brief notice sent
by a lead agency 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.
0. Person - 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 or departments of such
entities.
Resolution No. 3438
page three
P. Project -- Project 'means the whole of an action, which has a
Potential for resulting in a change in the environment,-
directly or ultimately, which is an activity directly under-
taken by the City of Redlands or any city department or by
any other ;person. The term "project' refers to the activity
which is being approved and which may be subject to several
discretionary approvals by the governmental approval process.
The term project does not refer to each separate governmental
approval.
0. Responsible Agency - Responsible agency means a ;public agency
which proposes to carry out or approve a project, but is
not the lead agency for the; project;. It includes all public
agencies other than the lead agency which haveapproval
poorer over the project:. The Responsible Agency will: normally
act after the lead Agency has completedthe EIR or Negative
Declaration for the project. The Responsible Agency will
consider the BIR or Negative Declaration prepared by the
Lead Agency.
R. Significant Affect A substantial or potentially sub-
stantial, adverse change in any of the physical conditions
within the area affected the activity.
S 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 retard to his own
judgment 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 judgment.
Section 3: EX&MP IONS
A. Emergency Project Exemption's - The following emergency
project are exempt, from the requirements cif' CE A and no
ETR is required-
1 . Projects undertaken, carried out, or approved by a
public agency to maintain, repair, restore, demob i.sh,
or replace property or facilities damaged or destroyed
as a result of a disaster in a disaster stricken area
in white a state of emergency has been proclaimed by
the Governor pursuant to Chapter 7 (commencing with
Section 8550) Division 1., Title 2 oma' the Government
Code.
Resolution No. 3438=
page four
i
2. Emergency_ repairs to public service facilities necessary
to maintain service.
3. Specific action necessary to prevent or mitigate an
emergency.
B. Categorical Exemptions - The following classes of projects or
actions have been 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 environment and, therefore,
exempt from the requirements of CEQA and do not require com-
pletion of an Environmental assessment..
1. operation, repair, maintenance or minor alteration o
existing public structures, facilities, mechanical
equipment, or topographical features, involving negligible
or no expansion of use beyond, that previously existing,
including but not limited to:
(a) Existing public utility facilities.
(b) Existing hi,g?hways and streets, sidewalks, gutters,
bicycle and ,pedestrian trails,, and similar facili-
ties except where the activity will involve re-
moval of a scenic resource including but not
limited to a stand of trees, a rock outcropping`,
or an historic building.
('c) Restoration or rehabilitation of deteriorated or
damaged publicly awned structures, fa.cil.ities or
mechanical equipment 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 an earthquake,,
landslide or flood.
(d) Additions to existing publicly owned structures
provided, that the addition will not result in an
increase of more than Sty percent of the flour area
of the structures or 2,500 square feet, whichever
is ;le=as
(e) Maintenance of grater supply reservoirs`.
(f) Demolition and removal of individual small: struc-
tures, except where they are of historical,
archaeological or architectural sis nig<icance as
officially designated- by Federal, state, or County`
governmental action or the City's Historic and
Scenic Preservation Commission.
(;g) Minor repairs; and alterations to existing clams and
appurtenant structures wader the supervision of the
Department of Water Resources,.
Resolution No. 3438
page five
2. Replacement or reconstructi oris of existing publicly owned
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 net limited to
the replacement or reconstruction of City buildings and
schools to provide earthquake resistant structures which
dei not increase capacity more than 50 percents.
3-. Construction and location of singly , neer small facilities
or structures and the installation of small new equipment
and facilities including but not limited to
(a) Extension of public utility facilities including
storm drains ,in existing public rights-of-way,
provided that such extension does not exceed
500 feet in overall length.
(b) Installation of railroad protective and traffic
control devices
4. Minor public and city 'alterations in the condition of
band, water and/ter vegetation, including but not limited,
to:
(a) Grading on lard with a natural slope of lees than
ten (.10) .percent. provided that all of the following;
criteria are satisfied:
(l) Such land is not located in a Water Course
(WC) or Flood Plain (-F) Zone;
(`2) Such land is not designated in the open
Space and Conservation Elements of the
General Plan, is a conservation area, a
physical resource;, a natural resource, a
recreationalopenspace, an open space
linkage, a watershed area;, a restricted
open spatia or a historical site.
(3) Such land is not located in an officially
designated (federal, state, or local govern-
ment) scenic area or in an officially mapped
area of severe geologic hazard;
( ) The proposed grading is not to be conducted
on a parcel of land more than one-half acre
in size and the total: quantity of material,
to be moved does not exceed 500 cubic yards
(b) , Landscaping maintenance performed: by the park
Department.
i
Resolution No. 3438
page six
S. Actions taken by regulatory agencies to assure the main-
tenance, restoration, or enhancement of a natural resource.
6. Actions taken by regulatory agencies to assure the mainte-
nance, restoration, enhancement or protection of the environ-
ment where the regulatory process involves procedures for
protection of the environment.
7. Sales of surplus city owned 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 Environroental 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 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 exemptio; under any other categorical
exemption in Section 3 .B. of this resolution,
or
(3) The use of the property and adjacent property,
has not changed since the time of purchase by
the City of Redlands.
Basic data collection, research, experimental manage-
ment and resource evaluation activities which do not
result in a serious or major disturbance to an en-
vironmental resource. These may be for strictly
information gathering purposes, or as part of a study
leading to an action which the City has not yet
approved, adopted or funded.
9. Acquisition of lands for fish and wildlife conservation
purposes, including preservation of fish and wildlife
habitat, establishing ecological reserves, and pre-
serving access to public lands and waters where purpose
of the acquisiti= is to preserve the land in its
natural condition.
10. Acquisition of public right-of-way to accommodate single
new facilities or structures provided that such acquisi-
tion does not exceed (1) 400 feet in length or (2) 6,000
square feet.
Resolution No. 3438
page seven
11. Acquisition or sale of land in order to establish a park
where the land is in a natural condition or contains
historic sites or archaeological sites and either:
(a) The management plan for the park has not been
prepared, or
(b) The management plan proposes to keep the area in a
natural condition or preserve the historic or
archaeological site. CEQA will apply when a manage-
ment plan is proposed that will change the area from
its natural condition or significantly change the
historic or archaeological site.
12. Establishment of agricultural preserves, the making
and renewing of open space contracts under -'C-he
Williamson Act, or the acceptance of easen4:�nts or
fee interest in order to maintain the open space
character of the area. The cancellation of such
preserves, contracts, interests or easements is
not included.
13. Annexations to the city of areas containing existing
public or private structures developed to the density
allowed by the current zoning or pre-zoning of either
the gaining or losing governmental agency whichever
is more restrictive, provided, however, that the
extension of utility services to the existing facilities
would have a capacity to serve only the existing facil-
ities.
14. Annexations of individual small parcels of the minimum
size for facilities exempted by Section 3 .B. (3) of this
resolution.
15. Changes in rates for services for which there is no legal
alternative. Changes in rates, fares, or charges for
services for which there is no available alternative.
Examples include but are notlimited to:
(a) Sewer service charges within the city's service
area where all buildings must be connected to
the sewer system.
(b) Charges for garbage services where all residents
of the area must use the service.
(c) Planning and Suilding Departments permit and
application fees
(d) Fees relating to Park tax.
Resolution No. 3438
page eight
(e) Fees relating to water acquisition fund
(f) School and library fees
(g) Water servicecharges within the city 's service area
(h) Public Works improvement fees
(i) Changes in water capital improvement charges
16. Cost of living increases in rates . Percentage adjust-
ments in rates or charges for services other than trans-
portation, when the adjustments are equal to increases
in the <cost of living.
17. minor alterations in land use limitations, except zoning
including but not limited to:
Minor lot line adjustments and variances not
resulting in the creation of any new parcel nor
in any change in land use or density.
Categorical exemptions (3) , (4) , (8) , and (17) above are
qualified by consideration of the project's location -- a
project that is ordinarily insignificant in its impact on
the environment may in a particularly sensitive environment
be significant. Therefore, these classes are considered to
apply in all instances, except where the project may impact
on an environmental resource of hazardous or critical concern
where designated, precisely mapped and officially adopted
pursuant to law by federal, state, or local agencies. More-
over, the categorical exemption for each of the projects and
actions listed above is inapplicable when the cumulative
impact of successive projects of the same type, in the same
place, over time is significant. The Environmental Review
Committee shall make the determination regarding the ex-
emption status of the project.
Section 3 .1 : Ministerial Pros cts
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 initial study
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
Resolution No. 3438
page nine
D. Approval of industrial waste water discharge permits
E. Permit issued by the utility division for individual
services.
Section 4: Time Limits and Procedures
A. The Department of Planning and Community Development shall
review the applicant ' s proposal and determine one of the
following findings :
1. The intended action is not a project by CEQA definition;
therefore, an Initial Environmental Studv is not neces-
sary. Non-project definition includes anything which
is specifically exempted by state law or this resolution
and continuing administrative or maintenance activities.
2. The project is categorically exempt; therefore, an
Initial Environmental Study is not necessary. These
are project 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
environment 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 result of a disaster in an
area in which a state of emergency has been pro-
claimed by the Governor pursuant to Chapter 7
(commencing with Section 8550) 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 emergency.
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 resolu-
tion, the lead agency shall prepare an initial Environ-
mental Study.
If an initial Environmental Study is required, it is
prepared by the lead agency and submitted to the Environ-
mental Review Committee through the Department of Planning
and Community Development.
Resolution No. 3438
page ten
The purpose of the initial Environmental Study is to:
Identify environmental impacts
Enable the city departments having jurisdiction or
the project sponsor to modify the project by identify-
ing mitigating measures to be incorporated into the
project design.
Focus an SIR, if one is required, on potentially
significant effects
Facilitate environmental assessment early in the
design of a project
Provide documentation of the factual basis for
findings in a Negative Declaration that a project
will not have a significant effect ont-he environment.
Eliminate unnecessary SIR
g. The Committee shall consist of representatives, each to
be known as an Environmental Impact Evaluator, from the
Department of Planning and COMMunity Development, Public
Works Department, Department of Building and Sa-,L"ety,
Parks Department, and City Manager's Office. Trhe head of
each department or agency above named shall designate the
Environmental Impact 'Evaluator from such department. The
representative< of the Department of Planning and Community
Development shall be chairman of the Committee. The Com-
mittee shall meet weekly or at such time as may be deter-
mined necessary by the -.1embership. 'rhe Committee, at
its first meeting, shall establish additional adminis-
trative procedures to effectively perform its duties.,
C. If a project requires an initial study then not later than 30
calendar 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
such determination to the applicant for the development pro-
ject. In the event that the application is determined not to
be complete, tha department 's determination shall specify
those parts of the application which are incomplete and shall
indicate the manner in which they can be made complete. Re-
submittal of an application starts a new period of review.
D, Not later than 4 <days from the date on which an application
for a project has been received and accepted as complete, the
ERC shall make one of the following findings:
1. More information is needed for the Committee to properly
evaluate the project. (Resubmission of information starts
a now 45 days of review and failure to submit information with-
in sixty (60) days shall terminate further processing of
application. )
Resolution No. 3438
page eleven
2. The project will have no significant environmental
effects and a Legative Declaration will be prepared`.
3 The project could have a significant environmental
effect but x-Atigation measures have been _incorporated'
into the project by the project sponsor and a Negative
Declaration prepared.
4 There is a significant environmental effect and an
Environmental impact Report is necessary.
When a Negative Declaration .is prepared by the Committee, it
is filed with the County Clerk and the public is notified'
by posting on a public bulletin board at the City Hall and
publication in a local newspaper of common circulation
indicating that all comments must be received within ten (10)
days. After the ten--day public review, the Environmental
Review Committee will make the final decision, that an
Environmental. Impact Report ;is not necessary and this marks
the end of the environmental review process. The final de-
cision will; be ailed as a "Notice of Determination" with
the San Bernardino County Clerk.
if the 'Committee determines that there will be a significant
environmental effect and an Environmental Impact 'Report is
necessary, the Committee will determine who the lead agency
is and a draft Environmental Impact Report will be prepared
by the lead agency. The processing of the proposed action
will be held at this point until: the final environmental
review ;procedure is completed, but in no case shall the
certification of an ERC take longer than one year unless
the project qualifies under Section '15054. 2,.
The decision of the Environmental: Review Committee may be
appealed to the City Council:. The appeal shall be filed
with the city Clerk within ten (10) days from the date the
Public Notice is published-. Reason for an appeal must
relate to issues identified on the initial study of the
project. The appeal shall also contain factual data sup-
porting the basis of the appeal. .;
Section 5 Procedure for Processing an Environmental Impact Report
A. The applicant shall submit to the Community Development De-
partment a draft Environmental Impact Report. The report
shall contain the information specified in the City o
Redlands initial Environmental Study,
This information will be utilized by the Environmental
Review Committee for the preparation of the final Environ-
mental Impact Report. Depending on the complexity of the
project and the quantity of comments 1.4 to 270 days will
be allowed for the preparation of the Environmental impact
,Report
Resolution No. 3438
page twelve
B. The Environmental Review Committee will review the information
provided by the applicant. Fourteen to 45 days will be
allowed for the reviewing, evaluating and revising information
into a draft Environmental Impact Report representing the
views of the Committee. Thirty days will be allowed for the
public review of the Environmental impact Report Notice;
public hearings may be held during this time.
Evaluation is intend--d to assure that all probable negative
and positive environmental effects and considerations have
been addressed in the information. The Environmental Review
Committee may request additional information.
C. If the draft Environmental Impact Report is found to be
adequate, the applicant is notified and a "Notice of '
Completion" is filed with the Secretary of the Resources
Agency,
D. The Environmental Review Committee will place on a public
bulletin board, publish in a local newspaper, notify adja-
cent property owners and notify responsible agencies that
an environmental document has been prepared for a project
and that public comments or ap1p eals 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 will be made within
one day to one month depending on the number of issues and
their complexity. The Environmental Review Committee will
consult with appropriate public agencies with respect to
any environmental effect of the project.
E. At thc- end of the review period, the Environmental Revier
Committee, based on its own review as well as that of the
public and other agencies, will prepare the final Environ-
mental Impact Report. Tncluded in the EIR will be all
Comments in summary or verbatim from the Environmental
Revicw Commit tee and all concerned persons or agencies .
The, resT)onse to all comments to the significant environ-
mental issues raised in the review process , especially
those recormnen(2atl.ons and objectives which are at -,rariance
with those outlined in the draft Environmental Impact Report,
must also be included. Such issues shall be addressed in
detail: giving reasons why specific co is and suggestions
were not acceptable and relating factors of major importance
warranting an override of the suggestion.
NOTE: No approval will be given to carry out a project
for which an Environmental Impact 'Report- 1v:is been com-
pleted which identi-ftes a significant f-_-Ccif r the
Project unless the Environmental Review�comnit'
tee makes
one or more of the following written .fined ngs for each
of those significant effects, accompanied by a statement
of the facts SuPPOrting each finding and supported by
substantial evidence in the record.
Resolution No. 3438
page thirteen
1.- Changes or alterations have been required in or
incorporated into the project: whic%n mitigate or
avoid the significant environmental effects thereof
as ,identified in the final Environmental, Impact Report.
2. Such alterations or changes are within the responsi-
bility and the jurisdiction of a-nether public agency
and not the agency making the decision. Such changes
have been adapted by such ether agency or can and
should be adapted by such ether agency,. This finding
shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal
with identified feasi.bl.e mitigation measures or
alternatives.
3.;; Specific economic, social or other considerations make
infeasible the mitigation measures or project alterna-
tives identified in the Environmental Impact Report.
E. The Department of Planning and Community Development will
prepare a "Notice of Determination" which will be filed
with the Clerk of the Country of San Bernardino no later
than five (5) working days subsequent to the action taker
by the City Council.
if the project requires discretionary approval from a
state agency, the notice shall also be filed; with the
Secret=ary for Resources.
if the; project requires discretionary approval from a
state agency, they shall be forwarded a copy of the final
ElR and a "Notice of Determination" shall be fired with
the Secretary for Resources ,,
G Any decision of the Environmental Review Committee may be
appealed to the City Council. Appeals shall be filed with
the City Clerk within ten (10), daysafterthe date of the
decision.
Extension of a reasonable time may be made for local pro-
ceedings
ro-ce dings in the event that unforeseen circumstances -justify'
additional time, and the project applicant consents to the:
extension
ADOPTED, SIGNED AND APPROVE this 4th day of � April , 1978.,
Mayor of/the Cit? of Re. anis
C2t k .
Resolution No. 3438
page fourteens E
s
09
MEMO FRaX DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
TO; ERC Members DATE: February 27, 1978
FROM. Michael J. Atencio
SUBJECT.- CEQA Amendments
Attached for your review is Resolution No. 3438 which revises
Resolution No. 3395.
The basic changes are as follows:
1. Time limits in which the ERC must act.
2. Responding within thirty (30) days to applicant 's application in
writing, whether application is complete or incomplete.
3. ERC must decide within jf-orty--five (45) days after an application
is accepted as to whether a ND or EIR is required.
4. If a ND is required, it must be prepared in 105 days.
S. An EIR must be completed within one year.
6. New definition of Responsible Agency.
7. A development project must be approved or denied upon by the lead
agency within 180 days after an application is accepted as complete.
Failure to act shall be deemed approval of the development project.
S. If the provisions of CEQA conflict with any other provision of law,
thea provisions of CE A shall prevail.
9. Provisions of CEQA shall apply to all public agencies, including
charter cities.
10. Agencies may prepare a master environmental assessment for all or a
portion of the area they control.
Also attached for your review are two form letters that will no be used
for all projects and a revised Notice of Appeal form.
MJA.-say
att..
CITY OF REDLANDS
ENVIRONMENTAL REVIEW FLOW CHART`
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