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HomeMy WebLinkAboutRes No 214PLANNING COMMISSION RESOLUTION NO. 214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A REVISED RESOLUTION ESTABLISHING PRO- CEDURES FOR THE IMPLEMENTATION OF THE CALIFORNIA EN- VIRONMENTAL QUALITY ACT. WHEREAS, the Planning Commission did on the 25th day of January, 1977, consider a revised resolution filed by the City of Palm Desert, establishing new procedures for the implementation of the California Environmental Quality Act of 1970; and, WHEREAS, at said meeting, upon hearing and considering the testomony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist which make the adoption of the revised resolution necessary governing implementation of CEQA: 1) That the revised resolution does conform to the California Environmental Quality Act of 1970 and the implementation guidelines issued by the Secretary of Resources. 2) That the proposed resolution does insure the protection of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1) that the above recitations are true and correct and constitute the findings of the Commission in this case; and 2) that it does hereby recommend approval to the City Council of the attached reso- lution revising the procedures governing implementation of CEQA, for reasons set out in this resolution. PASSED, APPROVED, and ADOPTED at a special meeting of the Palm Desert Planning Commission, held on this 25th day of January, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, MILLS, READING, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION RESOLUTION NO. 77- 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING PROCEDURES TO IMPLEMENT THE ENVIRON- MENTAL QUALITY ACT OF 1970. follows: The City Council of the City of Palm Desert, California, RESOLVES as SECTION 1: City Council Resolution No. 74-14 is hereby repealed. SECTION 2: This resolution shall be known as the "Environmental Quality Procedure" resolution. TABLE OF CONTENTS Page Definitions Applicability Exempt Projects Lead Agency Criteria Initial Study Negative Declaration Appeal of Initial Study Decision Environmental Impact Report Interpretation - Conflict of Provisions Severability of Provisions Fees SECTION 3: Definitions Words used herein that are defined in the Environmental Quality Act of 1970 and in the California Administrative Code, Division 6, Title 14, but not specifically defined in this resolution, shall have the meaning as is given to them in said statutes. Whenever the following words are used in this resolution, they shall have the meaning ascribed to them in this section. (a) Applicant means a person who proposed 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 assis- tance. (b) (1) Approval in connection with projects means the decision of the City Council of the City of Palrn Desert, California, which com- mits said City to a definite course of action in regard to a project intended to be carried out by any person, and also means any action by a duly authorized board or commission of said City which becomes final in absence of a duly authorized appeal to the City Council, which so commits said City, pursuant to and in ac- cordance with this resolution. (2) Approval in connection with private actions means the earliest commitment by the City or any of its duly authorized boards or commissions to issue, or the issuance of a discretionary con- tract, grant, subsidy, loan, or other financial assistance, lease permit, license, certificate, or other entitlement for use on this project. (c) California Environmental Quality Act (CEQA) means California Public Resources Code Sections 21000 et seq. -1- Resolution No. 77- 7 (d) Categorical Exemption means an exemption from the requirements of CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a signifi- cant effect on the environment. (e) Cumulative Impacts refer to two or more individual effects which, when considered together, are considerable or which compound or in- crease other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate pro- jects. Discretionary Project means an activity defined as a project which re- quires the exercise of judgment, deliberation, or decision on the part of the City of Palm Desert, or its duly authorized boards or commissions in matters wherein judgments of said boards or commissions become final in the absence of an appeal to the City Council. Discretionary does not mean a determination by the City Council or its duly authorized boards or commissions whether there has been conformity with applicable statutes, ordinances, or regulations. Emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding an immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public servised. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such oc- currences as riot, accident, or sabotage. (h) Environment means the physical, economic, and social conditions which exist within the area which will be affected by a proposed project in- cluding but not limited to land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance, land use, economics, and social factors. (f) (9) (i) (j) Environmental Documents means draft and Final Environmental Impact Reports (E.I.R. , Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination. Environmental Impact Report (EIR) means a detailed statement setting forth all the environmental effects and considerations of a project and may mean either a Draft or a final EIR. An FIR is an informa- tional document which, when its preparation is required by this reso- lution, shall be considered by the City of Palm Desert prior to its approval or disapproval of a project. The purpose of an EIR is to provide members of the public, the City of Palm Desert, City boards and commissions, and any other public or local agency having an in- terest in or jurisdiction of a project with detailed information about the effect a proposed project is likely to have on the environ- ment; to list ways in which any adverse impacts of such a project might be minimized; and to suggest alternatives to such project. (1) Draft FIR means an EIR containing the information required in Section 10 and prepared for review and comments by members of the public, the sponsor or lead agency of a project, whether public or private, any local or public agency having jurisdic- tion by law over a project, or having special expertise with regard to any environmental impact involved. Where a Lead Agency consults with Responsible Agencies in the preparation of a Draft EIR, the Draft EIR shall also contain the informa- tion specified in Section 10. (2) Final EIR means an EIR as described in Section 10. (k) Environmental Impact Statement (EIS) means an environmental impact document prepared pursuant to the National Environmental Policy Act (NEPA). -2- Resolution No. 77- 7 (1) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (m) Initial Study means a preliminary analysis prepared by the Lead Agency to determine whether an EIR or a Negative Declara- tion must be prepared. (n) _Jririsdiction by law means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question, or to exercise authority over resources which may be affected by the project. (o) Lead Agency means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a signifi- cant effect on the environment. (p) (q) 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, redevelopment agencies, local agency forma- tion 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. Ministerial Projects 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 judgment or opinion - concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construc- tion of its language by the officer. In summary, a -ministerial decision involves only the use of fixed standards or objective measurements without personal judgment. (r) Negative Declaration means a written statement by the Lead Agency briefly describing the reasons that a proposed project, although not otherwise exempt, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. (s) Notice of Completion means a brief notice filed with the Secretary of Resources by a Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. (t) Notice of Determination means a brief notice to be filed by the _City of Palm Desert after it approves or determines to carry out a project which is subject to the provisions of this resolution or when any duly authorized board or commission approves such project and such approval becomes final in the absence of an appeal to the City Council. (u) 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 and political subdivisions of such entities. (v) (1) Project means the whole of an action, which has a poten- tial for resulting in a physical change in the environ- ment, directly or ultimately, that is any of the follow- ing: -3- Resolution No. 77- 7 i. an activity directly undertaken by any public agency including but not limited to public works construc- tion and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700. ii. 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. iii. an activity involving the issuance to a person of a lease, permit, license, certificate, or other entitle- ment for use by one or more public agencies. (2) Project does not include: i. anything specifically exempted by State law. ii. proposals for legislatiui to be enacted by the State Legislature other than requests by State agencies for authorization or funding for projects independently from the Budget Act. iii. continuing administrative or maintenance activities, such as purchases for supplies, personnel -related actions, emergency repairs to public service facil- ities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies. iv. the submittal of proposals to a vote or the people of the State or of a particular community. 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. (w) Public Agency includes any state agency, board, or commission, and any local or regional agency, as defined in this resolu- tion. It does not include the courts of the State or agencies of the federal government. (x) Responsible AcLency means a public aoency which proposed to carry out a•project, but is not the Lead Agency for the project. It includes all public agencies other than the Lead Agency which have approval porter over the project. Significant Effect on the Environment means a substantial, or potentially substantial, adverse change in any of the physical, social, or economic conditions within the area affected by the activity. (y) (3) SECTION 4: Applicability Except as otherwise provided in this resolution, its provisions shall apply to discretionary projects proposed to be carried out by the City of Palm Desert and any of its duly authorized and constituted boards and commissions, except where such project is exempt from the preparation of an EIR by reason of an exemption as provided in this resolution. -4- Resolution No. 77- 7 SECTION 5: Exempt Projects (a) Ministerial Projects. Ministerial projects are exempt from the requirements of CEQA and do notrequire the preparation of en- vironmental documents. The following actions and activities are ministerial: (1) issuance of building permits, pursuant to the Design Review Board process; (2) issuance of business licenses; (3) approval of final subdivision maps; (4) approval of individual utility service connections and dis- connections; (5) grading permits issued for removal of fifty (50) cubic yards, or less; (6) permit for removal of trees in public rights -of -way; (7) franchises; (8) plumbing permits; (9) structural demolition permits; (10) temporary use permits; (11) parade and special• events permits; (12) home occupation permits; (13) issuance of animal licenses; (14) adjustments granted pursuant to the Palm Desert Municipal Code. (b) On -going Projects. (1) A project as defined in Section 3(v)1(i) of this resolution, approved prior to November 23, 1970 shall require an EIR or a Negative Declaration if the project may have a significant effect on the environment, and either of the following exist: 1. A substantial portion of public funds allocated for the project have not been spent and it is still feasible to modify the project to mitigate potentially adverse en- vironmental effects, or to choose feasible alternatives to the project, including the alternative of "no pro- ject" or halting the project; provided that this Section (1) shall not apply to projects which come under the jurisdiction of the National Environmental Policy Act (NEPA) and which, through regulations pro- mulgated under NEPA, were held to be too far advanced at the time of NEPA's effective date to require an EIS in compliance with those regulations. 2. A public agency proposes to modify the project in such a way that the project might have a new significant ef- fect on the environment. (2) A project as defined in Section 3(v) (i) (ii) or (iii) as it relates to contracts, where the permit or other entitlement was issued, or the contract approved, prior to April 5, 1973, shall not require an EIR or Negative Declaration, subject to the following provisions: -5- Resolution No. 77- 7 1. CEQA expressly does not prohibit a public agency from considering environmental factors in connec- tion with the approval or disapproval of a project, or from imposing reasonable fees on the appropriate private person or entity for preparing an environ- mental report. Local agencies may require environ- mental reports for projects covered by this para- graph pursuant to local ordinances during this in- terim period. 2. Where the issuance or approval occurred prior to December 5, 1972, and prior to said date the pro- ject was legally challenged for noncompliance with CEQA, the project shall be bound by special rules set forth in Section 21170 of CEQA. 3. Where a project involving the issuance of a lease, permit, license, certificate, or other entitlement to use has been granted a discretionary governmental approval for part of the project before April 5, 1973, and another or additional discretionary governmental approvals after April 5, 1973, the project shall re- quire an EIR or Negative Declaration only if the ap- proval or approvals after April 5, 1973, involve a greater degree of responsibility or control over the project as a whole than did the approval or approvals prior to that date. (c) Feasibility and Planning Studies. A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an environmental impact report, but does require consideration of environmental factors. (d) Emergency Projects. The following emergency projects are exempt from the re- quirement for an EIR: 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 "Governor" pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code. 2. Emergency repairs to public service facilities neces- sary to maintain service. 3. Specific actions necessary to prevent or mitigate an emergency. (e) Categorical Exemptions. The following classes of projects have been determined not to have a significant effect on the environment and are therefore exempt, unless otherwise provided in this Sec- tion, from the provisions of CEQA: Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechan- ical equipment, or topographical features, involving negli- gible or no expansion of use beyond that previously existing, including but not limited to: (1) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical con- veyances; -6- Resolution No. 77- 7 (2) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (3) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal or a scenic resource including but not limited to a stand of trees, a rock outcropping, or an historic building; (4) 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; (5) Additions to existing structures provided that the ad- dition will not result in an increase of more than fifty percent (50%) of the floor area of the structures before the addition or 2,500 square feet, whichever is less; (6) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices; (7) New copy on existing on and off -premise signs; (8) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricultural Code); Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream chan- nels (clearing of debris) to protect fish and wildlife resources; (9) (10) Fish stocking by the California Department of Fish and Game; (11) Division of existing multiple family rental units into condominiums; (12) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological, or architectural significance: (1) Single family 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, Stores, offices, and restaurants if designed for an occupant load of twenty (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 (13) Minor repairs and alterations to existing dams and ap- purtenant structures under the supervision of the Depart- ment of Water Resources. (3) -7- Resolution No. 77- 7 Class 2: Replacement or Reconstruction. Class 2 consists of replacement 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: (1) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than fifty percent (50%); (2) Replacement of a commercial structure with a new structure of substantially the same size and purpose; Class 3: New Construction of Small Structures. Class 3 consists of construction and location of single, new, small facilities or structures and installation of small new equipment and facilities including but not limited to: (1) Single family residences not in conjunction with the building or two or more such units, (2) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such structures, (3) Stores, offices, and restaurants if designed for an occupant level of twenty (20) persons or less, if not in conjunction with the building of two or more such structures, (4) Water main, sewage, electrical, gas, and other utility ex- tensions of reasonable length to serve such construction, (5) Accessory (appurtenant) structures including garages, car- ports, patios, swimming pools, and fences. Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (1) Grading on land with a slope of less than ten percent (10%), except where it is to be located in a waterway, in any wet- land, in an officially designated (by Federal, State, or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard, (2) New gardening or landscaping, (3) Filling of earth into previously excavated land with material compatible with the natural features of the site, (4) Minor alterations in land, water, and vegetation on existing officially designated wildlife management areas or fish pro- duction facilities which result in improvement of habitat for fish and wildlife resources or greater fish production, Miner temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc., (6) Minor trenching and backfilling where the surface is restored, (7) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (5) -8- Resolution No. 77- 7 Class 5: Alterations in Land Use Limitations. Class 5 con- sists of minor alterations in land use limitations, except zoning, including but not limited to: (1) Minor lot line adjustments, side uard and setback variances not resulting in the creation of any new parcel nor in any change in land use or density; (2) Issuance of minor encroachment permits. 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. Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Class 7 consists of actions taken by regula- tory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Depart- ment of Fish and Game. Construction activities are not included in this exemption. Class 8: Actions by Regulatory Agencies for Protection of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities are not included in this exemption. Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an opera- tion, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Class 10: Loans. Class 10 consists of loans rnade by the Depart- ment 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 pur- chase of such mortgages by financial institutions. Class 10 in- cludes but is not limited to the following examples: (1) Loans made by the Department of Veterans Affairs under the Veterans Farm and Horne Purchase Act of 1943; (2) Purchase of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System; Class 11: Accessory Structures. Class 11 consists of construc- tion, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (1) On -premise signs; (2) Small parking lots. -9- Resolution No. 77- 7 Class 12: Surplus Government Property Sales. Class 12 con- sists of sales of suriTris 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 En- vironmental Goals and Policy Report prepared pursuant to Govern- ment 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: (1) The property does not have significant values for wildlife habitat or other environmental purposes, and (2) 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 of categorical exemption in Arti- cle 8 of those guidelines, or, The use of the property and adjacent property has not changed since the time of purchase by the public agency. 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 of fish 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. (3) 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 twenty-five percent (25%) or five (5) classrooms, which- ever is less. The addition of portable classrooms is included in this exemption. 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: (1) The management plan for the park has not been prepared, or (2) The management 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 archaeological site. 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 main- tain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not in- cluded. Class 18: Designation of Wilderness Areas. Class 18 consists of the designation of wilderness areas under the California Wilderness System. -10- (f) (g) Resolution No. 77- 7 Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Class 19 consists of only the following annexations: (1) Annexations to a city or special district of areas con- taining 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 which- ever is more restrictive, provided, however, that the ex- tension of utility services to the existing facilities would have a capacity to serve only the existing facilities; (2) Annexations of individual small parcels of the minimum size for facilities exempted by Class 3 New Construction of Small Structures. Class 20: Changes in Organization of Local Agencies. Class 20 consists of changes in the organization or' -re -organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exer- cised. Examples include but are not limited to':; (1) Establishment of a subsidiary district; (2) Consolidation of two or more districts having identical powers; (3) Merger with a city of a district lying entirely within the boundaries of the city. Sensitive Location. Any project of any class set out in Section 5(e) which is dis- cretionary with the City of Palm Desert shall not be exempt, and further, provided that categorical exemptions of Section 5(e) are qualified by the consideration of where the project is to be located. A project within any of said classes that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. The exemption of projects within said classes shall apply ex- cept where the project may impact on an environmental resource, or hazard or area of critical concern as may be hereafter de- signated, precisely mapped, and officially adopted pursuant to law. Cumulative Impacts. All exemptions of Section 5(e) are further qualified to the extent that such exemptions are inapplicable where the cumu- lative impact of successive projects of the same type in the same place, over time is significant. By way of example only, an annual addition to an existing building under Class 1 would remove such a project from the Class 1 exemption. (h) Use of Previous EIR's. Under certain circumstances, previous EIR's may be substituted entirely or in part for additional EIR's. (1) Previous EIR on Same Project. Where an EIR has previously been prepared, no additional report need be prepared unless: (i) Substantial changes are proposed in the project which will require major revisions of the environmental im- pact report, due to the involverrent of new environmental impacts not considered in the original environmental im- pact report; -11- Resolution No. 77- 7 (ii) There are substantial changes with respect to the circumstances under which the project is to be under- taken, such as a change in the proposed location of the project, which will require major revisions in' the environmental impact report due to the involve- ment of new environmental impacts not covered in the original environmental impac report. (2) EIR on Similar Project. A single EIR may be employed to describe more than one project, if such projects are es- sentially the same in terms of environmental impact. Further, an earlier EIR prepared in connection with an earlier project may be applied to a later project, if the circumstances of the projects are essentially the same. The City may elect to write EIR's in advance for entire programs or regulations, in order to be pre- pared for project applications to come. Whenever it so chooses to utilize any of these alternatives, however, it must find that the environmental effects of the pro- jects are similar enough to warrant the same treatment and that the EIR will adequately cover the impacts of the project. If these tests are not met, the City shall supple- ment the E1R it prepares for a program to apply it to an individual project. (3) Use of a General Plan EIR with Subsequent Projects. The EIR on a general plan may be used as the founda- tion document for EIR's subsequently prepared for spe- cific projects within the geographic area covered by the general plan. The subsequent EIR's may reference and summarize material in the EIR on the general plan for the description of the general environmental setting and as much of the description of the environmental impacts as applied to the specific project. Detailed information in the EIR on the specific project may be limited to a description of the project, the specific environmental setting and those impacts which are not adequately described for the specific project in the EIR on the general plan. When a subsequent EIR refers to an EIR on the general plan for part of its descrip- tion of the environment and the environmental impacts, copies of the EIR on the general plan shall be made available to the public in a number of locations in the community and to any clearinghouse which will assist in public review of the EIR. The purpose of this section is not to restrict analysis of environmental issues but is to avoid the necessity for repeating detail from a General Plan EIR. (4) Redevelopment Project EIR. All public or private activities or undertakings pursuant to or in furtherance of a redevelop- ment plan constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the legislative body. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the California Health and Safety Code. Projects With No Possible Significant Effects Any project which can be seen to have no possibility of having a significant effect on the environment is exempt from the re- solution. -19- Resolution No. 77- 7 SECTION 6: Lead Agency Principle (a) Responsibility of the Lead Agency. Where a project is to be carried out or approved by more than one public agency, only' one public agency shall be responsible for the preparation of environmental documents, and it shall be done by the Lead Agency. Such environmental documents will be prepared in consultation with all Responsible Agencies. The Lead Agency's environmental documents shall be the environmental documenta- tion for all Responsible Agencies. When designated as a Responsible Agency, the City of Palm Desert shall consider only the significant effects of those activities which it is required by law to carry out or approve which are contained in the Lead Agency EIR or Negative Declaration prior to acting upon or approving the project, and the City shall certify that the decision -making body has reviewed and considered the infor- mation contained therein. The EIR process should be combined with the planning, review, and project approval process being used by each Responsible Agency. The Lead Agency shall include the EIR as a part of regular project report which is used in the existing review and budgetary process. Not more than one EIR shall be prepared in connection with the same underlying activity and that EIR shall be prepared by the Lead Agency. (b) Designation of Lead Agency. Where the City of Palm Desert and any other public agency is involved with a project, the Lead Agency shall be determined by the following: (1) If the project is to be carried out by a public agency, the Lead Agency shall be the public agency which proposes to carry out the project. (2) If the project is to be carried out by a non -governmental person, the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. (i) The Lead Agency will generally be the agency with general governmental powers rather than an agency with a single or limited purpose which is involved by reason of the need to provide a public service or public utility to the project; in such cases, the single or limited purpose agency will, upon re- quest, provide data concerning all aspects of its activities required to furnish service to the pro- ject to the agency drafting the EIR, and no separate EIR will be required in regard to such activities. (ii) Where the City of Palm Desert has prezoned an area, the City will be the appropriate Lead Agency for any subsequent annexation of the area and should prepare the required environmental documents at the time of the prezoning. The City shall consult with the local agency formation commission, and the EIR shall include the comments of the local agency formation commission. (3) Where more than one public agency equally meet the criteria set forth in paragraph (2) above, the agency which is to act first on the project in question shall be the Lead Agen- cy, following the principle that the environmental impact should be assessed as early as possible in governmental planning. (4) Where the provisions of subsections (1), (2), and (3) leave two or more public agencies with a substantial claim to be the Lead Agency, the public agencies may by agreement desig- nate which agency will be the Lead Agency. An agreement may also provide for cooperative efforts by contract, joint exer- cise of powers, or similar devices. -13- (5) Resolution No. 77- 7 Where the City of Palm Desert, as a Responsible Agency, is called on to grant an approval for a project subject to CEQA for which another public agency was the appro- priate Lead Agency, the City shall begin to act as the Lead Agency when the previous Lead Agency did not pre- pare any environmental documents for the project and, when the statute of limitations has expired for a chal- lenge to the action of the appropriate Lead Agency. (6) In the event that the designation of a Lead Agency is in - • dispute among public agencies, the City of Palm Desert may submit the question to the Office of. Planning and Research, which shall designate the Lead Agency based on considerations of the above priorities, along with consi- deration of the capacity of such agency to adequately fulfill the requirements of CEQA. SECTION 7: Initial Study (a) Initial Study Required. Except for projects or activities exempted by the provisions of this resolution, prior to the approval by the City, or final approval by a duly authorized commission or board of said City, of any project or activity, the Director of Environmental Services shall make or cause to be made an Initial Study of such project or activity for the purpose of determining whether such project or activity may have a signigicant impact on the environment. All phases of project planning, implementation, and operation must be con- sidered in the Initial Study. An Initial Study prepared pur- suant to NEPA may be accepted if approved by the Director of Environmental Services. (b) Project Filing Date. In those cases where the City of Palm Desert, under its existing ordinances and regulations, must act upon a proposed project which is found to be subject to the provisions of this resolution within a certain specified period of time from the date of receipt of such application or such project otherwise becomes automatically approved by operation of law, the application shall not be deemed received for filing until such time as any environmental documentation required pursuant to this resolution has been completed. (c) Environmental Information. All Negative Declarations,-EIR's, Notices of Completion, and Notices of Determination shall be prepared directly by or under contract to the City of Palm Desert. However, the City may require the person to supply data and information, both to determine whether the project may have a significant effect on the environment or to assist in the preparation of an EIR or Negative Declaration by the City. This information may be submitted in the form of a Draft EIR if the City so desires. If information is provided in the form of a Draft EIR or Negative Declaration, the City may not use the document as its own without independent evalua- tion and analysis. The Draft EIR or Negative Declaration which is sent out for public review must reflect the independent judg- ment of the City of Paim Desert. To ensure technical accuracy, consultants retained by the project sponsor to provide environ- mental information shall he approved by the Director of Environ- mental Services prior to the initiation of data collection. (d) Contents of Initial Study. An Initial Study shall contain in brief form: (1) a description of the project; (2) an identification of the environmental setting; (3) an identification of the environmental effects; (4) a discussion of ways to mitigate the significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning and general plans; (6) the nave of the person(s) who prepared or participated in the Initial Study. -14- Resolution No. 77- 7 (e) Purpose. The Initial Study shall be used to provide a written determination of whether a Negative Declaration or an EIR shall be prepared for a project. Where a project is revised in re- sponse to an Initial Study so that potential adverse effects are mitigated to a point where no significant environmental • effects would occur, a Negative Declaration shall be pre- pared. If the project would still result in one or more significant effects on the environment after mitigation measures are added, an EIR shall be prepared. In such cases, the EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. Consideration of Significant Effect. In reviewing the Initial Study of a project or activity, there shall be considered both primary and secondary consequences. Primary consequences are immediately related to the project (noise and odor of a sewage treatment plant), while secondary consequences reflect external impacts of the project (additional population growth facilitated by the treatment plant). The determination of whether a project may have a significant effect on the environment shall be based, so far as practical, on scientific and factual data. Such con- sideration shall include, but not be limited to, whether the con- sequences of a project might: (1) Conflict with adopted environmental plans and goals adopted in the form of policy, resolution, or ordinance by the City Council of the City of Palm Desert; (2) Have a substantial, demonstrable negative aesthetic effect; (3) Substantially affect a rare or endangered species of animal or plant or the habitat e` the species; (4) Interfere substantially with the movement of any resident or migratory fish or wildlife species; (5) Breach published national, state, or local standards relating to solid waste or litter control; (6) Substantially degrade water quality; (7) Substantially degrade or deplete ground water resources; (8) Contaminate a public water supply; (9) Interfere substantially with ground water recharge; (10) Disrupt or alter an archaeological site, an historic site, or a paleontological site, except as part of a scientific study of the site; (11) Induce substantial growth or concentration of population; (12) Cause an increase in traffic which is substantial in rela- tion to the existing traffic load and capacity of the street system; (13) Displace a large number of people from an established resi- dential area; •(14) Results in the excessive or wasteful use of non-renewable energy supplies; (15) Exceeds adopted ambient noise level guidelines; (16) Cause substantial flooding, erosion, or siltation; (17) Expose people or structures to geologic hazards; (18) Substantially diminish habitat for fish, wildlife, or plants; (f) -15- (g) Resolution No. 77- 77 (19) Create a public health hazard or a potential public health hazard; (20) Conflict with established recreational, educational, re- ligious, or scientific uses of the area; (21) Violate any ambient air quality standard, contribute sub- stantially to an existing or porjected air quality violation, or expose sensitive receptors or sunstantial pollutant con- centrations; (22) The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a plant or wildlife species, cause a plant or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eli- minate important examples of the major periods of California history or pre -history; (23) The project has the potential to achieve short-term environ- mental goals to the disadvantage of long-term environmental goals; (24) The project has possible environmental effects which are in- dividually limited but cumulatively considerable. Cumulatively considerable means that the incremental effects of an indivi- dual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. (25) The environmental effects of a project will cause substantial adverse effects on human 'eings, either directly or indirect- ly. Mandatory Findings of Significance. In every case where any of the conditions set out in items 22, 23, 24, or 25 of paragraph (f) above are found to exist as a result of a project, the pro- ject will be found to have a significant effect on the environ- ment. If any aspects of a project, either individually or cumu- latively, may cause a significant effect on the environment, re- gardless of whether the overall effect of the project is adverse or beneficial, then an EIR must be prepared. An EIR should be prepared when there is serious public controversy concerning the environmental effect of a project. (h) Decision on Initial Study. The decision on the Initial Study shall" be the responsibility of the Director of Environmental Services. SECTION 8: Negative Declaration (a) Requirement. In all cases where an Initial Study has become final, and such decision is that a project will not have a significant effect on the environment, a Negative Declaration shall be prepared by the Director of Environmental Services. Before completing a Negative Declaration, the Director of Environmental Services shall consult with all Responsible Agencies. (h) Contents. A Negative Declaration shall include: (1) a brief description of the project, including a commonly used name for the project, if any; (2) the location of the project; (3) the name of the project proponent; -16- (4) a finding that the project will effect on the environment; (5) an attached copy of the Initial to support the findings; (6) mitigation measures, if any, included in the project to avoid potentially significant effects. (c) Public Notice. A copy of the Negative Declaration shall be given to the appropriate decision -making body prior to review of the project, to all organizations and individuals who have previously requested such notice and shall also be given by at least one of the following ways; Resolution No. 77- 7 not have a significant Study documenting reasons (1) publication at least once in a newspaper of general circu- lation in Palm Desert; (2) posting notices on and off -site in the area where the pro- ject is to be located; (3) direct mailing to owners of property within three hundred feet (300') of the boundary of the project site. Said notice shall be provided not less than ten (10) days prior to the review of the project by the City. (d) Notice of, Determination. After making a decision to carry out or approve a project for which a Negative' Declaration has been prepared, the Director of Environmental Services shall file a Notice of Determination, with an attached copy of the Negative Declaration, in the office of the County Clerk of Riverside County. Filing of the Notice of Determination starts a thirty (30) day statute of limitations on court challenges to the ap- proval under CEQA. The Notice of Determination shall also in- clude: (1) the decision of the City to approve the project; (2) the determination of the City that the project will not have a significant effect on the environment, and; (3) a statement that no EIR has been prepared pursuant to the provisions of CEQA. SECTION 9: Appeal of Initial Study Decision. (a) Appeals. Any person, or persons, individually or jointly, may appeal the decision of the Director of Environmental Services on the Initial Study. Said decision shall be final eight (8) days from and including the date of public notification of the Negative Declaration or the decision to prepare an EIR, unless prior to the expiration thereof, a written appeal is filed with the Director of Environmental Services setting forth the grounds of appeal. The required fee as specified by City Resolution shall be paid be appellants at the time of filing. If more . than one appellant, the said fee shall be apportioned and a pro rata share collected from each appellant. (b) Appeal Hearin:. Within thirty (30) days, but not less than ten (10)}days from the filing of a proper appeal of the decision on the Initial Study, the City Council shall hold one (1) Public Hearing thereon and notice thereof shall be given by posting in accordance with the adopted City Resolution and by publication at least once in a newspaper of general circulation in the City of Palm Desert, at least ten (10) days prior to said hearing. -17- Resolution No. 77- 7 (c) Form of Appeal Notice. Public notices of hearings for appeals of the decision on an Initial Study shall consist of the words, "Notice of Nearing to Determine Whether an Environmental Impact Report Shall Be Required" and shall set forth the location of the property, the nature of the proposed activity, and the time and place for the hearing. (d) Decision of Apjeal. The City Council shall either grant or deny the appeal and shall announce its decision by resolu- tion within ten (10) days following the closing of the hearing. The Director of. Environmental Services shall give written no- tice of said decision to the appellant(s) as soon as possible at the address shown on the appeal. The decision of the City Council granting or denying the appeal shall be final and ef- fective immediately. In the event an EIR is required to be prepared as a result of an appeal, the draft and final EIR shall conform to all requirements of this resolution. SECTION 10: Environmental Impact Report (a) Public Notice of EIR Preparation. In any ,case where an EIR is to be prepared, either as the result of an Initial Study or the decision on an appeal of an Initial Study, the Director of En- vironmental Services shall give written notice to all organiza- tions and individuals related to the project or who have pre- viously requested such notice and shall cause to be given in one of the methods outlined in Section 8(c) of this resolution, a notice that such a report is in process of preparation. Said notice shall contain the words, "Notice of Preparation of an Environmental Impact Report" and shall provide: (1) a general description of the proposed project; (2) the general location of the project, and; (3) the name, address, and telephone number for a member of the City staff designated to receive comments. (b) Preparation of Draft EIR. The City of Palm Desert shall pre- pare a draft EIR and shall certify to the completeness of a final EIR on any discretionary project it intends to carry out or approve which may have a significant effect on the environment. Before completing a draft EIR, the City shall consult with all Responsible Agencies. In addition, the City shall also consult directly with any person or organi- zation it believes will be concerned with the environmental effects of the project. (c) Sponsor to Furnish Information. Any applicant for any project or activity subject to the provisions of this resolution shall furnish to the Director of Environmental Services a written statement of information, as requested by the Director of En- vironmental Services, covering the proposed action, to be used in making the Initial Study and in preparation of any EIR re- quires by this resolution. Said statement shall include nota- tions for all reference material and statistics used therein, as well as the persons who prepared the statement. The Direc- tor of Environmental Services shall designate from a list of independent. consultants those acceptable for the preparation of such information and shall prescribe the form in which the environmental information shall be submitted. However, if any or all of the information furnished is a "trade secret" as de- fined in Government Code, Section 6254.7, and so specified by the submitting party, it shall not be included in the EIR or otherwise disclosed by the public agency. Nothing herein shall preclude the submittal of the factual statement in the form of a draft EIR. Such submittal shall not relieve the City from reviewing said draft and complying with all other provisions of this resolution. The factual information required to be submitted to the Director of Environmental Services may be required in addition to any information furnished to the City -18- Resolution No. 7777 - of Palrn Desert as required by any other ordinance or resolu- tion of the City. Contents of Draft EIR. In general, the information contained in an EIR shall be sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the public. The EIR shall reference all documents used in its preparation, including where possible, a citation -to the page and section number of any technical reports which were used as the basis for any statements in the EIR. The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to oc- cur need not be discussed further in the EIR unless the Lead Agency subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. Each draft EIR shall also contain the fol- lowing specific information elements: (1) Title Page (if prepared as a separate document); (2) Table of Contents (3) Description of the Project, including: (i) the precise location and boundaries of the proposed project shown on a detailed map, preferable topo- graphic. The location of the project shall also appear on a regional map; '(ii) a statement of the objectives sought by the pro- posed project; (iii) a general description of the project's economic, technical, and environmental characteristics, considering the p"incipal engineering proposals and supporting public service facilities. (4), Effects Not Found to be Significant. Briefly indicate the reasons that various aspects of a project were determined not to be significant and were therefore not discussed in detail in the EIR. Such a statement may be contained in an attached copy of the Initial Study. (5) Description of the Environmental Setting. This section must include a description of natural and man-made environ- ment on the site and in the vicinity of the project, from both a local and regional perspective. Special emphasis should be placed on environmental resources that are rare or unique to the region. Specific reference to related projects, both public and privite, both existent and plan- ned, in the region should also be included, for purposes of examining the possible cumulative impact of the project. (6) Significant Environmental Effects of the Project. Describe the direct and indirect significant effects of the project on, the environment, giving due consideration to both the short-term and long-term effects. This part shall also in- clude relevant specifics of the area, the resources in- volved, physical changes, alterations to ecological sys- tems and changes induced in population distribution, popu- lation concentration, land use, and other aspects of the resources base such as water, scenic quality, and public services. Cumulative effects shall also be discussed when found to he significant. -19- (7) (8) (9) Resolution No. 77.7 Significant Environmental Effects Which Cannot Be Avoided If the Proposal is Implemented. Describe any significant adverse impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. Describe significant impacts on any aesthetically valuable surroundings or on human health. Mitigation Measures Proposed to Minimize Significant Ef- fects. Describe significant, avoidable, adverse impacts, including inefficient and unnecessary consumption of water and energy, and the measures to minimize these impacts. The discussion of mitigation measures shall distinguish between the measures which are proposed by project propo- nents to be included in the project and other measures that are not included, but could reasonabl be expected to reduce adverse impacts. This discussion shall include an identification of the acceptable levels to which such impacts will be reduced and the basis upon which such levels are identified. Where several measures are avail- able to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be i- dentified. Alternatives to the Proposed Action. Describe all reason- able alternatives to the project,,or to the location of the project, which could feasibly attain the. basic objec- tives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also be evaluated, along with the impact. The discussion of alternatives shall include alternatives capable of substantially reducing or eliminating any signi- ficant environmental effects, even if these alternatives substantially impede the attainment of the project objec- tives and are more costly. (10) The Relationship Between Local Short -Term Uses of Man's Environment and the Maintenance and Enhancement of Long - Term Productivity. Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Describe impacts which nar- row the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the rea- sons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. (11) Significant Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should it be Implemented. Uses of non• -renewable resources during the initial and con- tinued phases of the project may be irreversible since a large commitment of such resources makes removal or non-use thereafter unlikely. Primary and secondary impacts (such as a highway improvement which provides access to a non - accessible area) generally commit future generations to similar uses. Also irreversible damage resulting from environmental accidents associated with the project. Ir- retrievable commitments of resources should be evaluated to assure that such current consumption is justified. (12) The discussion of the relationship between local short- term uses and long-term productivity and the discussion of significant environmental changes which would be in- volved if the proposed action were implemented may be deleted from all EIR's except those prepared in connection with the following activities: -20- Resolution No. 77- 7 (1) adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) a project which will be subject to the requirement for preparing an EIS pursuant to the provisions of. NEPA. (13) The Growth -Inducing Impact of the Proposed Action. Discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth. Indi- cate how further population growth would affect existing utility service facilities. Discuss whether the project would encourage other activities that could adversely affect the environment, either individually or cumulatively. It must not be assumed that growth is necessarily beneficial, detrimental, or of little significance to the environment. (14) Organizations and Persons Consulted. The identity of all federal, state, or local agencies,, other organizations, and private individuals consulted in preparing the EIR, and the identity of the persons, firms, or agency assisting in the preparation of the EIR, by contract or other authori- zation must be given. (15) Water Quality Aspects. Describe in the Environmental Setting section, and other sections where applicable, water quality aspects of the proposed project which have been previously certified by the appropriate state or inter- state organization as being in substantial compliance with applicable water quality standards. (16) Notations for all reference material and statistics. (e) Degree of Specificity. The degree of specificity required in an EIR will, correspond to the degree of specificity involved in the underlying activity which is described in the EIR. An EIR on projects such as the adoption and amendment of a zoning ordinance or general plan should focus on the secondary effects that can be expected to follow from the adoption.` The EIR need not be as detailed as an EIR on specific construction projects that might follow. Multiple and Phased Projects. Where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, the Lead Agency must prepare a single EIR for the ul- timate project. Where an individual project is a necessary precedent for action on a larger project, or commits the Lead Agency to a larger project, with significant environmental ef- fect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger under- taking or a larger project, the agency may prepare one EIR for all projects, or one for each project, but shall in either case comment upon the cumulative effect. (f) (g) Staged EIR. (1) Where a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two (2) years before construction will begin, a staged EIR may be pre- pared covering the entire project in a general form. The staged EIR should evaluate the proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of the entire project. The aspect of the project before the public a- gency for approval shall be discussed with a greater de- gree of specificity. -21- Resolution No. 77- 7 (2) When a staged EIR has been prepared, a supplement to the EIR shall be prepared when a later approval is required for the project, and the information avail- able at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. Where a statute such as the Warren-Alquist Energy Resources Conservation and Development Act provides that a specific agency shall be the Lead Agency for a project and requires the Lead Agency to prepare an EIR, a Responsible Agency which must grant an approval for the project before the Lead Agency has completed the EIR may prepare and consider a staged EIR. (h) Incorporation by Reference. An EIR may incorporate by reference all or part of another document which is a matter of public re- cord or is generally available to the public. The incorporated language shall be considered to be set forth in full as part of the text of the EIR. Where part of another document is incorporated by'reference, such other document shall be made available to the public for inspection at a public place or public building. The EIR shall state where the incorporated documents will be avail- able for inspection. At a minimum, the incorporated document shall be made available to the public in an office of the Lead Agency in the county where the project would be carried out or in one or more public buildings such as county offices, or public libraries if the Lead Agency does not have an office in the County. Where an EIR uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized where possible or briefly described if the data or information cannot be summarized. The -elationship between the incorpora- ted part of the referenced document and the EIR shall be des- cribed. (i) (3) Consultation and Comment on Draft EIR. Upon completion of a draft EIR, the City shall consult with and obtain comments from any public agency which has jurisdiction by law with res- pect to the project and may consult with any person who has special expertise with respect to any environmental impact in- volved. To facilitate public comment, the City shall furnish copies of draft EIR's (for which it is the Lead Agency) to local public library systems to ensure that all appropriate agencies and public groups are contacted. The Director of En- vironmental Services shall maintain (and revise from time to -time) a list of public agencies, private and public utilities, concerned public individuals, and organizations, and other such persons of qualified technical knowledge to be used as a guide for the distribution of draft EIR's. All comments received shall be reviewed by the Director of Environmental Services. The conmrents and staff responses shall be incor- porated in the final EIR. Any draft EIR's received by the City, or any of its authorized boards or commissions, for re- view and comment shall he transmitted to the Director of Environ- mental Services who shall cause to be prepared a staff report on the subject document. Said staff report should focus on the sufficiency of the EIR in discussing probable impacts upon the environment, mitigation of adverse effects, and alternatives to the project. Comments returned should provide the name of a contact person who is available for later consultation should this prove necessary. -22- (j ) Resolution No. 77- 7 Review Period for Draft FIR. Any draft EIR prepared by or on behalf of the City of Palm Desert shall be furnished at least forty-five (45) days prior to any Public Hearing held to con- sider said draft EIR. In the event no comment or response con- cerning the draft EIR is received by the City of Palm Desert, it shall be assumed, absent a specific request for an extension, that such public agency or person consulted has no comment to make. The time within which a response may be made by the _office of Intergovernmental Management shall be governed by Government Code Section 12037. (k) Subdivisions - Special Review Provisions. Notwithstanding any- thing to the contrary in this resolution, upon the filing of a tentative subdivision map, as provided in Section 11550 of the California Business and Professions Code, the Planning Commission or City Council may submit the tentative map to the Office of In- tergovernmental Management pursuant to Section 12037 of the Cali- fornia Government Code and request an evaluation of the environ- mental impact of the proposed subdivision. If the subdivision in question is a land project, as defined by Section 11005 of the Business and Professions Code, such submission shall be required prior to the approval of the map. (1) Review of Draft EIR by State Agencies. EIR's and Negative Declara- tions to be reviewed by state agencies shall be 'submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. The following environmental documents shall be submitted to the State Clearinghouse for review: (1) Draft EIR's and Negative Declarations prepared by the City of Palm Desert where a state agency is a Responsible Agency or otherwise has jurisdiction by law with respect to the project; (2) Draft EIS's and Negative Declarations prepared pursuant to NEPA, the Federal Guidelines, or Parts I and I1 of the Office of Management and Budget Circular A-95; (3) EIR's prepared for general plans, elements, and amendments thereto. (m) Filing of Notice of Completion. As soon as the draft EIR is completed, a Notice of Completion must be filed with the Secre- tary for Resources. The notice shall include a brief descrip- tion of the project, its proposed location, an address where copies of the EIR are available, and the period during which comments will be received. Where the EIR will be reviewed through the state review process, handled by the State Clearinghouse, the cover form required by the State Clearinghouse will serve as the Notice of Completion, and no Notice of Completion need be sent to the Resources Agency. The Notice of Completion shall also be sent to all organizations and individuals who have pre- viously requested such notice. (n) Notice of Comments to Sponsor of Project. Project sponsors shall be furnished copies of any comments received from any local agen- cy, public agency, member of the general public, as well as from any other person who was consulted in connection with the project, and copies of any response by the City to such comments. Comments received through the consultation process shall be kept on file in the office of the Department of Environmental Services and available for public inspection for a period of ninety (90) days. Any comments received independently of the draft EIR review pro- cess shall also be considered and kept on file for ninety (90) days and available for public inspection. Said ninety (90) day period shall commence on the date of final action on the EIR by the City. -23- (1) the draft EIR; .(2) comments and recommendations received on the draft EIR; (3) a list of persons, organizations, and public agencies commenting on the draft EIR; (4) the responses of the Lead Agency to significant environmental points raised in the review and con- sultation process. Hearing on Final EIR. In all cases where a final EIR is filed with the Planning Commission or the City Council as a part of an application for approval of a project, and such application by reason of any other resolution or ordinance requires a Public Hearing and notice thereof by the Planning Commission or City Council, said commission or council shall give notice of and consider the EIR as a part of such hearing. All hearings re- quired to be held before the City Council by the provisions Of this resolution shall be set by the City Clerk, while hearings before the Planning Commission shall be set by the Secretary of the commission. Notice of said hearings shall set forth the location of the project and the nature of the action under consideration, as well as the date, time, and place. Any hearing held by the City Council solely by reason of the provisions of this resolution shall be a hearing de novo and all interested persons may appear and present evidence. If, for any reason, testimony on any matter set for public hearing cannot be completed on the day set for such hearing, the presiding officer at such hearing may, before the adjourn- ment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice shall be required. Notice of the decision of the hearing on any final EIR shall be given, by either the City Clerk or the Secretary of the Planning Commission, at the earliest possi- ble date following the hearing. The action by the City Council on any application or recommendation or other entitlement of use shall be final and conclusive. Filing of Final EIR and Copies. Upon completion of the final EIR, it shall be filed by the Director of Environmental Services as follows: (1) With the Planning Commission in all cases where the Planning Commission has considered or is required or authorized, by State law or local resolution or ordinance, to consider the project or any part thereof. (2) With the City Council in all cases in which the Planning Commission has not or is not required or authorized by state statute or local resolution or ordinance to consi- der the project or any part thereof. A copy of the EIR shall be placed on file with the City Clerk and available for public inspection for a period of at least ninety (90) days after the date of final action on the EIR by the City of Palm Desert. (r) Final EIR- Consideration by Lead Agency. In all cases where The Planning Commission, City Council, or any other duly autho- rized board or conynission considers an FIR, it shall certify that the final EIR has been completed in compliance with CEQA, the state guidelines, and the provisions of this resolution and that the decision -making body having final approval au- thority over the project has reviewed and considered the in- (3) Resolution No. 77- 7 (o) Final EIR. Within thirty (30) days after receipt of comments from all public agencies having jurisdiction by law, or from all persons or agencies which have been consulted, a final EIR shall be prepared by the City for Public Hearing. The final EIR shall consist of: (p) (q) -24- Resolution No. 77- formation contained in the EIR prior to the approval of the project. (s) Cost of Copies. Copies of a draft or final EIR may be obtained from the City Clerk upon payment of a fee not to exceed the ac- tual cost of reproducing that copy; provided, however, one copy of the draft EIR and all comments and responses in connection therewith, and one copy of the final EIR furnished to a project sponsor are exempt from said charge. (t) Notice of Determination. After approving a project for which an EIR has been prepared, the Lead Agency shall file a Notice of Determination. Such notice shall include: (1) an identification of the project by its common name where possible; (2) the decision of the Lead Agency to approve or carry out the project; the determination of the Lead Agency whether the project in its approved form will have a significant effect on the environment; (4) ,a brief statement of the mitigation measures which were adopted by the Lead Agency to reduce the impacts of the approved project; (3) (5) a statement that an EIR was prepared pursuant to the pro- visions of CEQA and was certified as complete and considered prior to the approval of the project. The Notice of Determination shall be filed with the Riverside County Clerk. If the project requires discretionary approval from a state agency, the notice shall also be filed with the Secretary for Resources. (u) EIR as Part of Project Report. A draft or final EIR may be prepared as a separate document or as part of a project report. If prepared as part of a project report, it must still contain in one separate and distinguishable section, the element re- quired by this resolution. (v) Findings: The City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant effects of the project unless the City makes one or more of the following written findings, supported by substantial evidence in the record, for each of those signifi- cant effects, accompanied by a statement of the facts supporting each finding: -(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. (2) Mitigation measures are within the responsibility and juris- diction of another public agency and not the City of Palm Desert. Such changes have been adopted by such other agen- cy or can and should be adopted by such other agency. (This finding shall not be made if the City of Palm Desert has concurrent jurisdiction with the other agency to deal with identified feasible mitigation measures or alterna- tives. (3) Specific economic, social, or other considerations make in- feasible the mitigation measures or project alternatives identified in the final EIR. -25- Resolution No. 77- 7 SECTION 11: Interpretation - Conflict of Provisions. In interpreting and applying the provisions of this resolution, they shall be held to be the minimum requirements for the pro- motion of the public health, safety, comfort, convenience and general welfare. It is intended by this resolution to require that in those matters in which an environmental impact report is filed, and where the Planning Commission and City Council hold Public Hearings, the requirements of all other resolutions and ordinances of the City of Palm Desert governing those actions or projects sub- ject to the provisions of this resolution which are inconsistent herewith, are to that extent superseded. SECTION 12: Severability of Provisions. If any section, subsection, sentence, clause. or phrase of this resolution is, for any reason, held to be invalid or unconstitu- tional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this resolution, it being expressly declared that this reso- lution and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 13: Fees. The Director of Environmental Services is authorized to collect any and all fees established by resolution of the City of Palm Desert which pertain to the implementation of this resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, held on this day of 1977, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: -26- Resolution No. 77-_-/_ NOEL J. ERUSH, MAYOR ATTEST: SHEILA R. GILLIGAN ACTING DRY CLERK CITY OF PALM DESERT, CALIFORNIA _27_