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HomeMy WebLinkAbout2995_CCv0001.pdf RESOLUTION NO. 2995 A RESOLUTION 0£ THE CITY COUNCIL OF f3£ CITY OF REDLA&DS ADOPTING INTERIM ENVIRONMENTAL REVIEW PROCEDURE THE CITY COUNCIL OF 23£ CITY OF REDLANDS does ordain as fol- lows : That the Interim Environmental Review Procedure is hereby adopted as follows : RESOLUTION NO. 2995 INTERIM ENVIRONMENTAL PEVIEW PROCEDURE AS ADOPTED BY THE REDLANDS CITY COUN"CIL OCT. 24, 1972 The California Supreme Court in deciding the case of Friends of Mammoth vs Board of Supervisors of Mono County, has determined that Section 21151 of the California Public Resources Code requires that all private projects for which a 'public permit, right, privilege or other entitlement is necessary are subject to a review by the City as to whether the project may have a significant effect on the environment if the City does not have a Conservation Element to its General Plan (See Sec. 65451 of the Government Code) . The General Plan for the city of Redlands does not presently have a Conservation Element nor is it expected that one will be completed before June 30, 1973 . In addition to this recent court ruling with regard to private projects, any public project requires a review to determine environmental impact. The effect of this court decision has varied throughout the State with most jurisdictions awaiting further guidance from either the courts or the State legislature. In order to proceed with business, it is proposed that the City Council of the city of Redlands adopt the following interim program for the review of environmental impact. These procedures may be modified by the City Council to meet the specific needs of the departments involved and to incorporate subsequent legal rulings. PURPOSE The purpose of these procedures is to assure compliance by the city of Redlands with the California Environmental Quality Act of 1970 (specifically Sec 21151 of the California Public Resources Code) . DEFINITIONS 1. ENVIRONMENTAL IMPACT EVALUATOR Environmental Impact Evaluator is a person in each department who shall determine whether projects the department intends to carry out may have a significant effect on the environment. 2. DEPARTMENT Department is any Department of the city of Redlands. 3. PROJECT Group I. Public Projects Subject to Government Code Sec 65402. a. The acquisition by dedication or otherwise for street, square, park or other public purpose of any real property, or b. The disposition of any real property including the vacation or abandonment of a street, or C. The construction or authorization of any public building, or structure. Group II: Public Projects Other Than Those in Group I a. The construction or authorization of any public facility or improvement other than a building or structure, or b. The demolition or removal of any public building, structure, facility or improvement . Group III: Private Projects a. The granting of a Conditional Use Permit or Commission Review and Approval pursuant to the Zoning Code. b. The approval of any application for which a Public Hearing has been called. c. The approval of a tentative map, pursuant to the Redlands Subdivision Code and the Subdivision Map Act. d. The approval of any type of housing project requiring approval by any duiy appointed city commission. Y e. The adoption of any ordinance pursuant to the California State Planning and Zoning Law. f. The adoption of any other Ordinance relating to the environment. q. The approval of any amendment to the General Plan or element thereof, including any area plan. Group IV: Other Regulated Activities a. The issuance of any permit ahere, in the opinion of the department issuing the permit, based upon policies and guidelines established by the City Council, because of the particular application, an environmental impact review is necessary. Group V. Exempted Activities (NOTE: The Department issuing the permit shall refer to the Environmental Committee for determination of environmental imoact if it is determined by the Environmental Impact Evaluator that the project will have significant effect upon the enviromnent. ) Resolution No. 2995 Page two a. The approval of all building permits, except grading. b. Lot Size Variances and Minor Deviations. c. Any other permits issued by the city and not elsewhere specified. NOTE: In determining whether a project has significant effect on the environment, the Environmental Impact Evaluator and the department will be guided by the factors set forth in the California Environmental Quality Act of 1970 as amended, and such other factors as State Law and the City Council may . prescribe. 4. SIGNIFICANT EFFECT Significant Effect is any non-trivial effect of a project, taking into account both the nature of the project causing the effect and the nature and quality of the particular environment affected. Both adverse and beneficial effects may be significant. The following factors may be considered in determining whether an effect is significant : a. The scope of the project causing the effect relative to other projects of the same nature. b. The scope, quality and uniqueness of the specific environment affected. c. Whether the project causing the effect establishes a precedent or facilitates additional projects which may significantly effect the environment. d. The consequences of any possible expansion or ampli- fication of the project causing the effect, and the degree of probability of such expansion or ampli- fication. 5 . ENVIROWMENT Environment consists of the surrounding conditions, influences and forces that influence or modify: a. The entire range of soil, climate, plant life and animal life. b. The aggregate of social, economic and cultural conditions that influence the life of an individual or community. Resolution No. 2995 Page three c. The factors included on the Environmental Impact Statement checklist, which is marked Exhibit B attached to these procedures, and incorporated herein by reference, shall be used as a guideline for preparing the report. 6. PRELIMINARY ENVIRONMENTAL DESCRIPTION PED is a written description of a project which is sufficiently detailed to enable the Environmental Review Committee to determine if the project may have a significant effect on the environment. 7. EXEMPTION DECLARATION Exemption Declaration is a written determination by the Environmental Review Committee that a project cannot or will not have a significant effect on the environment or that even though the project may have a significant effect on the environment, the project is a lesser included part of another project for which an Environmental Impact Statement or Preliminary Environmental Description has been previously submitted, provided the statement submitted was approved and covers the specific environmental impacts of the lesser project. B. ENVIRONMENTAL IMPACT REPORT Environmental Impact Report is a report prepared by the individual requesting a department to carry out a Group III, IV, or V (when applicable) project. 9. ENVIRONI,IENTAL IMPACT STATEMENT Environmental Impact Statement is a detailed statement setting forth the following: a. A description of the project. b. Description of the existing environmental conditions. C. The environmental impact of the proposed action. d. Any adverse environmental effects which cannot be avoided if the proposal is implemented. e. Mitigation measures proposed to minimi2:e the impact, f. Alternatives to the proposed action. Resolution No. 2995 Pane four g. The relationship between local short-term uses of man' s environment and the maintenance and enhancement of long- term productivity. h. Any irreversible environmient-al changes -which would be involved in the proposed action should it be implemented. in addition it is recommended that an Environmental Impact Statement include; i. Statement detailing how the project fits in with the adopted policies, standards and general plans of the city. j . Statement detailing how the project will achieve a balancing of environmental, economic, social and technical considerations considering the total public interest, including the effect on the economy. NOTE: For the purpose of these procedures the terms Environmental Impact Statement and Environmental Impact Report are deemed svnonomous . An Environmental Impact means an Environmental Impact Report. Resolution No. 2995 Page five PROCEDURES 1. ENVIRONMENT REVIEW COM-NMITTEE a. There shall be an Environmental Review Committee to analyze and evaluate the need for and the review of Environmental Impact Statements as submitted by various member departments. b. The Committee shall consist of a group of representatives, each to be known as an Environmental Impact Evaluator, from the Planning Department, Public Works Department, Department of Building and Safety, Park Department and City Manager ' s office. The head of each department or agency above named shall designate the Environmental Impact Evaluator from such department. The representative of the Planning Department shall be the chairman of the Committee. c. The Committee shall meet weekly or at such times as may be determined necessary by the membership. d. The analysis of environmental impact will begin upon receipt of a Preliminary Environmental Description Form (Exhibit A) , Environmental Impact Statement, or request for Determination of Need for EIS by member departments. e. Within ten (10) working days from date of submittal of such documents or other request, the Committee shall determine and notify, in writing, the individual or entity of its analysis and evaluation. f. The Committee, at its first meeting, shall establish additional administrative procedures to effectively perform its duties. 2. OBLIGATIONS OF THE APPLICANT OR INITIATING AGENCY a. General Requirements (1) A Preliminary Envircnmental Description Form shall be completed by the applicant or sponsoring agency for all projects as defined herein, and submitted to the Committee' s representative for processing. (2) Group V project:- Fhall be exempt from the requirements of sub-section 2 . a. (1) unless, in the opinion of the Evaluator, the subject project may cause "significant environmental impacttj , in which case, the matter shall be referred to the Committee for determination. (3) If it is determined by the Committee that an EIS is necessary, the applicant or sponsoring agency shall prepare and submit a Report using the Environmental Impact Statement checklist (Exhibit B) . Resolution No. 2995 Page six b. Public Projects (Groups I & II) Any department intending to carry out a publicly funded project, or recommend that the City Council carry out such a funded project, shall submit a Preliminary Environmental Description Form on such a project to the Committee. C. Private Projects (Groups III, IV and V when requested) Any project for which an individual requests city approval shall complete and submit a Preliminary Environmental Description Form to the appropriate city department for review and determination by the Committee. Resolution No. 2995 Page seven Adopted, Signed and Approved this 24th day of October, 1972 ATTEST: / ����7�� �Mayvor, City of edlands -Z4 C t r Cit rof \# '12ar i d s Resolution No, 2995 Page eight For City Use Only Received Department File No. Date Initials (Exhibit A) CITY OF REDLANDS PRELIMINARY ENVIRONMENTAL DESCRIPTION FORM Project Title Applicant ' s Name Date Mailing Address Cit Telephone No. Not all projects in Groups III or IV will require the preparation of an Environmental Impact Statement (EIS) . In order to make a determination, this form must be completed and submitted to the Environmental Review Committee through the department where the project application is made. tJpon review of this questionnaire, the Committee may require additional information, or the preparation of an EIS. This action will be taken within ten (10) working days from the submission date of a completed questionnaire. ALL QUESTIONS must be answered to the best of your ability. Any omissions may cause delays in processing. Please give brief explanations of all questions answered "yes" or "significant effect" in the space provided at the end of the questionnaire. GENERAL: 1 . Describe the site and surrounding area as to natural features, man- made forms, and environmental conditions. (topography, plant and animal life, water courses, existing development, climate, etc. ) Resolution No. 2995 2 . Describe the proposed project as to type of use, number of units, acreage, location, method of providing public services, access and any special character your project will have. Include maps and photographs that will assist in understanding your proposal. LAND RESOURCES: 3 . How would the project affect the established No effect community? (Could it disrupt or divide an Minimal effect established community?) _Significant effect 4. Is the project consistent with the adopted Yes city General Plan and its goals and policies? No 5 . How would the project affect the natural, No effect ecological, cultural or scenic resources Minimal effect of National, State or local concern? _Significant effect 6. How could the project affect the development No effect of presently undeveloped areas or intensify Minimal effect development of existing developed areas? —Significant effect (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate additional development. ) 7 . Is it detrimental to areas characterized by Yes unique physical features (such as hillsides, No flood plains, etc. ) ? S. Would the project affect any areas of unique —Yes interest or scenic beauty? No 9. Are there any natural or man-made features Yes which may cause a hazard to the proposed No project (landslides, earthquakes, drainage, etc. ) ? 10. What effect would the project have on the No effect appearance or the surroundings of any —Minimal effect historical or archaeolcqical site? —Siqnificant effect 11. Will the project affect the potential use, No effect extraction or conservation of a scarce —Minimal effect natural resource? —significant effect Resolution No. 29T�' 12 . How could the project affect the continued No effect use of a recreational area or an area of Minimal effect important aesthetic value? —Siqnificant effect WATER RESOURCES: 13. What effect would the project have on the No effect quality and quantity of the existing —Minimal effect water supply., either surface or subsurface? Significant effect AIR RESOURCES: 14. Does the project substantially increase the No effect air pollution levels in the area? Minimal effect (Particulate and chemical pollution should _Significant effect be considered) . NOISE: 15 . How would the project substantially affect No effect existing noise levels? Minimal effect Significant effect 16. How would noise from the project affect No effect recreational or wildlife areas? Minimal effect Significant effect 17. Could any unique characteristics be No effect introduced into the atmosphere of the Minimal effect area (such as sonic booms, radiation, —Significant effect annoying electronic transmissions, vibrations, etc. ) ? BIOLOGICAL RESOURCES: 18. How would the project affect any wildlife No effect or unique vegetative communities (such as —Minimal effect habitat, food source, nesting place, source Significant effect of water, etc. for animals, fish or plants) ? Explanation of "yes" or "significant effect" answers : (List by question number. ) Resolution No. 2995 (EXHIBIT B) CITY OF RE ELANDS ENVIRONMENTAL IMPACT STATEMENT CHECKLIST The following factors shall be considered in the preparation of an Environmental Impact Statement: LAND RESOURSES 1. Landform or unique ?physical features (mountains, hillsides, plains, slopes, divers, sandy beaches, dunes, and other edaphic characteristics) . 2. Open spaces. 3 . Riparian areas (immediate and surrounding territory) . 4. Percolation function of the soil/acquifers. 5 . Geologic resources (construction materials, fossil fuels, mineral ores, etc. ) (pollution and continued availability thereof) . 6. Soil Characteristics (affects thereof on the project) a. Stability. b. Types. C. Earthquake faults. 7 . Cultural/Scientific Resources a. Archeological sites. b. Paleontological sites . C. Historical sites . d. Aesthetics. WATER RESOURCES 1 . Municipal/Potable Supply a. Quality (physical, chemical, bacteria, temperature, aesthetic qualities, etc. ) b. Quantity and accessibility. Resolution No. 2995 2 . Underground Basins a. Quality. b. Quantity and accessibility. 3 . Surface Supply (streams, creeks, lakes, reservoirs, etc. ) a. Quality. b. Quantity and accessibility. c. Drainage/runoff conditions. AIR RESOURCES 1. Quality a. Gasses and or chemicals. b. Particulates/dust. c. Clarity/aesthetic. d. Odor. 2. Meteorology a. Temperature. b. Moisture. c. Wind. d. Precipitation. 3 . other a. Vibrations. b. Radiation. C. Sonic booms. d. Objectional electronic transmissions. Resolution No. 2995 NOISE 1. Influences upon residential areas, schools, hospitals, rest homes, and their residents, employees and users. 2. Influence upon co=.ercial areas, industrial areas, recreational areas, and agricultural areas . 3 . Influence upon wildland areas and their users and resident wildlife. BIOLOGICAL RESOURCES 1. Plant Life a. Indigenous vegetative communities. b. Exotic (non-indigenous) vegetative communities. C. Riparian areas. d. Crops and commercial vegetation. e. Microflora. f. Acquatic vegetation. g. Specifically rare or endangered vegetation. h. Natural plant propagation. 2. Animal Life a. Birds. b. Land animals, including reptiles. C. Fish and shellfish. d. Benthic organisms. e. Insects. f. Microfauna. Cf. Rare or Endangered Species . h. Habitat and migration areas and natural animal propagation. i. Economic species (cattle, etc. ) Resolution No. 2995