HomeMy WebLinkAboutCC RES 74-014RESOLUTION. NO 74-14
A RFSQLUTION OF TH CITY COtiNCIL OF THF
CITY OF PAI.M nI:S RT ESTABLIS?TI"dG PRn!; ' URES
TO IMPLEMEivT '"HE ENVIRQNT?E"dTAL QI'ALI7'Y ACT
OF t970
Ttle City Council of the City of Palm Desert RESOLV S, as
follows:
Section l: This resolution shall be known as the "Fnvironmental
Quality Yrocedure" resol.ution.
Section 2: Definitions. Words used herein that are defined in
the Environmental (!uality Act ot 197 , and in Californ.ia
AdminisYrativE Code, Division 6, 'I'itle 14, biit not specificall.y
defined in this resolution, shall have the same meaning as is
¢iven to C.hem in said T'.nvironmental Quality Act of 1970 and the
Ca].ifornia Administrative Code. Whenever the following words
are used in this resollition, they shall have the meaning ascribed
to them in this section:
(a) "Envir nment" means the physical conditions which Yist
withi i the area which will be aLfected by a nroposed pro-
ject, including land, ai.r, water, r.ti.nerals, flora, fauna,
noise, object of history of aestheti.c si nificance.
(b) "Environmental Impact Peport" shall mean a netailect state-
ment setting forth the matters snecif_ieci in Section l of
this resolution. Tt includes any comments on an enviror-
mental impact report which are obtained pursuant to Section
22 or Section 27, or hich are required to be ohtained
pursuant to this resolution. Additionally, an environmeutal
imnact report is an informational document which, when its
nreparation is required by this resolution, shall b con-
sidered by the Citv of Pa1m I)esert prior to its anproval
or disapproval of a project. The nurpose of an environ-
mental impact report is to provide members of the public,
the City of Palm Desert, city boards and commissions, and
any other public or 1oca1 agency having an interest
in or jurisdiction of a project with detailed information
about the effect a proposed project is likely to have on
the environment; to list ways in which any adverse
effects of such a project migtit be minimized; and to
suggest alternatives to suc}i project.
(c) "Local Agency" means any public agency other than a
state agency, board, or commission. I'or purposes of
this resolution, a"redevelopme.*�t agency" is a local
agency, and not a state agency, board or commission.
(d) "Public �gency" incliides any state agency, board or
commission, any county, any city and county, regional
agency, public district, redevelopr.ient agency, or any
other political subdivision.
(e) (.1) "Approval" in connection wi.th nublic projects means
the decision of the City Gouncil of the Cityo uf Palm
Desert, which commits 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 dul.y autho-
rized or commission oL Said city which becomes final. in
absence of a duly authorized appeal to the City Counci.l,
which so commits said city, pursuant to and in
accordance wi.th this resolution of the City of Pal.m Desert.
(2) "Approval" in connection with nrivate activities
meaiis the earliest commitment by the city or any of its
duly authorized boards or commissions to i.ssue, or the
issuance of a discretionary contract, grant, subsi.dy,
1oan, or other financial assistance, lease permit,
lice_nse, certificate or other entitlement. for use on
this project.
(f) "Discretionary Project" means an activity defined as a
project which requires the exercise of judgment,
deliberation or decision on the part of the City of Palm
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Desert, or its duly authorized boards or commissions
in matters wherein judgments of said boards or commis-
sions become final in absence of an appeal to the City
Council. "Discreti.onary" does not mean a determination
by the City Council or its duly authori.z�d board or
commission whether there has been conformity with
applicable statutes, ordinances or regulations.
(g) "�legative Declaration" means a statement by the City of
Palm Desert, acting on its behalf, or as the "lead
agency" in a joint project, that a project, although not
snecifica]_ly exempted by the provisions herein, would
not have a significant effect on the environment, and
therefore, does not require an e.nvironmental impact
report,
(h) "Notice of Completion" means a brief. report filed with
the Secretary of Resources, State of California, as soon
as the City of Palm Desert has completed a draft of an
environmental impact report, and is prepared to send out
copies for review.
(i) "Notice of Determination" means a brief notice to he
filefl by the City of Palm Dese.rt when 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 absence of an appeal to
the City Council.
(j) "Responsible Agency" means the public agency which
proposes to undertake or approve a project and is
responsible for making a negative declaration or for
the preparation of an environmental impact report.
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(k) "Draft �nvironmental Impact Eeport" means a prel.iminary
environmental impact report contai.ning al1 informati_on re-
quired in Section 21 nrepared for review and comments bv
members of the public, the sponsor or. lead agency of a pro-
ject, whether public or private, any local or publ_ic agency
having juri.sdiction by law of a�roject, or having special
expertise with regard to any environmentzl �imp�ic.•t invotved.
(1) "Final Environmental Impact Report" mears a rePort as
described in Section 27 and defined in Section 2(b).
(m) "Project" means the fol.lowing:
(1) Activities directly undertaken by the City of. Palm
Desert.
(2) Activities undertaken by a person which are supported
in whole or in part through contracts, grants, sub-
sidies, loans, or ot!�er forms of assistance from the
City of Palm Desert.
(3) Activities involving the issuance to a persori of a
lease, permit, license, certificate, or other entitic-
ment for use by the City of Palm Desert or any duly
authorized board, committee, or commission t�lereof.
(n) "Person: includes any person, firm, association, organiza-
tion, partnership, business, trust corporation, company,
district, county, city and county, city, town, the staLe,
and any of the agencies and political subdivisions of such
entities.
(o) "Lead Agency" means the public agency which has the
principal responsibility for carrying out or approving a
project which may have a significant effect upon the
environment.
Section 3. Except as otherwise providec� in this resolution, its
provisions shall apply to discretionary proiects nropos�d to be
carried out by the City of Palm Desert and any of its duLy autho-
rized and constituted boards and commission, including but not
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limited to, the enactment and amendment of zoning ordinances, the
issuance of zoning variances, the issuance of conditional use
permits, and the approval of tentative subdivision maps, except
where su�h project is exempt from the preparation of an c:nviron-
m�ntal impact report by reason of a specific or categorical
exemption as provided in this resolution.
Section 4.: EnvironmeataJ_ Evaluation Required. Except for projects
or activities exe.mpted by the provisions of this resolution, prior to
the approval by the city, or final approval by a duly authorized com-
r.tission of said city, of any projecC or activity, the City Manager
shall make or cause to be made an environmental evaluation of such
project or activity for the purpose of determining whether such
project or activity ri'ay have a signific_ant impact on the environment.
Section 5: Environmental Evaluation - Consideration. In the making
of an environmental evaluation of the project or activity under
consideration, there shall be considered both primary and secondary
consequences. The determination of whether a project r.iay have a
significant effect on the environment shall be based, so far as
oractical, on scientific and factual data. Such consideration
shall include, but not limited to, whether the consequences of a
project are:
(a) In conflict with the environmental plans and goals adopted
in the form of policy, resolution or ordinance by the
City Council of the City of Palm Desert; or
(b) Have a substantial and demonstrable negative aesthetic effect.
(c) Substantially affects a rare or endangered species of
' animal or plant, or habitar_ of such species.
(d) Causes substantial interference with the movement of. any
resident or migratory fish or wildlife species.
(e) Breaches any published national, state, or local standards
relating to solid waste or l.itte-r control.
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(f) Results in a substantial detrimental effect on air or
water quality or on ambient noise levels for adjoining areas.
(g) Involves the possibility of contaminating a publ.ic water
supply system or adversely affecting ground water.
(h) Could cause substantial flooding, erosion or siltation.
(i) Impacts which have the potential to degrade the qt:ality of
environment, curtail the range of the environment.
(j) Impacts which achieve short-term, to the disadvantage of
long-term, environmental goals.
(k) Impacts for a Project which are individually limited, but
cumulatively considerable. A project may impact on two (2)
or more separate resources wttere the.impact on each resource
is relatively small. If the effect of the total of those
impacts on the environment is significant, an environmental
impact report must be prepared. This mandatory finding of
significance cloes not apply to two (2) or more separate
projects where the impact of each is insignificant.
(1) The environmental effects of a project will cause substantial
adverse effects on human beings, either directly or indirectly
Section 6. Mandatory Findings of Significance. In every case where
any of the conditions set out in Section 5, (i), (j), (k), or (1) are
found to exist as a result of a project, the project will be found to
have a significant e£fect on the environment.
Section 7. Negative Declaration. In all cases where a decisian on
an environmental evaluation has bc�come final, and such decision is
that a project will not have a significant effect upon the environment,
a negative declaration shall be prepared or caused to be prepared by
the City Manager and filed in the office of the Countv Clerk in the
county where the project is located within five (5) days' thereafter.
Said filing must be at least five (5) days prior to the appr.oval of
a project by the City of Palm Desert.
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S�ection 8. Contents of Negative Declsration. A negative declaration
shall include:
(a) A d�scription and address of the project as propos�d; and
(b) A finding that the project will not have a significant
effect on the environment.
Section 9. Public Notice - Environmental F.valuation. On Monday, at
8:00 A.M. of each week, there shall be posted for five (5) business
days, including the day of Posting, on the Public Notice Boar� at
City Hal.l an itemized list of all applications on which an
environmental evaluation has been made during the seven (7) days
immediately preceding posting. Said list shall show the following:
(a) Name of applicant or applicants;
(b) Street address of proposed project or action, provided,
however, if there is no street address, a description.
shall be given by the relative geographical location
or a i.egal description thereof.;
(c) A statement that no environmental impact report will
be required on the grounds that an environmental.
evaluation has been made and the project will not have
a significant effect on the environment or, in the
alternative, a statement as required by subsection (d).
(d) A statement that an environmental impact report will
be required on the grounds that the project will have
a significant effect on the environment.
Section 10: Appeal - Environmental �valuation. Any person, or
persons, individually or jointly, may appeal the: decision of the
City Manager in the environmental eval.uation. The decision of
the City Manager, as made in the en.vironmental evaluation, shall
be final eight (8) days from and including the day of posting,
unless prior to the expiration thereof, a written appeal is filed
with the City Council setting forth the grounds of appeal.
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Section 11: Appeal - Costs. A total fee of Twenty Five Dollars
($25.00) shall be paid by appellants prior to any hearing on the
appeal as and for costs to the city of advertising and processing
said public hearing. If more than one appeltant, the sai_d f.ee
shall be apportioned and a pro-rata share collected from �ach
appellant prior to setting such appeal for hearing.
Section 1'L: Hearin�_ Z,iithin twe.nty (20) ,but not lc ss thari ten (10)
da.ys from the filing of a proper appeal from the environmental
evaluation made by the City Manager, the City Council shall
hold one (1) public hearing thereon and notice thereof shall be.
given by posting in accordance with Resolution 73-4 at lea.st ten
(10) days prior to said hearing.
Section 13. Form of Notice. Yublic notices of hearings on
environmental evaluations shall consist of the words, "Notice
of Hearing on Environmental Eval.uation to Determine Whether An
Environmental Impact Renort Shall be Required" and shall set
forth the location of the property, the nature of the pronosed
activity and the time and place for hearing.
Section 14. Withdrawal of Application. At any time prior to final
action on appeal filed pursuant to this resolution, the appellant(s)
by written request filecl with the City r4anager or with the City
Council, if action by the Planning Department has been compl.eted
thereon, may withdraw the appeal and terminate further considera-
tion thereof.
Section 15. Refund of Fees. Where such written request has b�en
filed and the appeal withdrawn, tipon approval of a proper claim
for. refund of any fee paid for the filing of such appeal, thc� C:ity
Council may order the ref.und of each fee less any costs said city
shall determine to have been incurred by the city incidental. to
action or proposed action on the appeal. Application for refund
of fees shall be made on the form prescribed for refunds by the
city.
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Section 16. Decision on A�peal. The City Council shall either grant
or deny the appeal and shall announce its decision within ten (l�)
days following the hearing and shall immediately file said decision
in writing in the office of the City Manager.
Section 17. riotice of Decision on Appeal. The City Manager of
ttie City of Palm Desert shall, on the date following the filing of
the decision by the city, give written notice of said decision to
the appellant or appellants, as the case may be, at the. address
shown on the appeal to the City Council, and shall cause to be
filed with the Secretary of Resources, State of Ca_lifornia, a
negative declaration as described in Section 2(g).
Section 18. Effective Date of Or�er Granting or DenyinQ Appeal.
The decision of the City Council granting or denying the appeal
shall become final and effective on the filing of the notice of
the City Council's decision in the office of the Citv Clerk.
Section 19. Appeal - Effect of. In the event the decision of the
City Tianager becomes final and requires the preparation of an
environmental impact report, or in the event such environmental
impact report is required to be prepared as`a result of an appeal
from a decision of the City Manager to the City Council, a draft
and final environmental impact report shall be prepared in the
same form and manner as if the City Manager had concluded in the
environmental evaluation that an environmental impact report must
be filed.
Section 20. Preparation of Draft of F.nvironmental Impact Report.
The City of Palm Desert shall prepare, or cause to be prepared by
contract, a draft, as well as a final, environmental impact report
and shall certify to the completion of said final report on any
project it intends to carry out or approve �ahich may have a signi-
ficant effect on the environment. i�r7hen a report is required by
Section 65402 of the Government Code, the environmental impact
report may be submitted as a part of that report.
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Section 21: Contents of Draft Environmental Impact Report. A draft
of an environmental impact report required by this resolution shall
contain the information as follou�s:
(a) The precise location and boundaries of the proposed
project shall be shown on a detailed map, A topographic •
map shall be used cahen available. The location of the
project shaZl also appear on a regional nap.
(b) A statement of the objectives sought by the proposed project.
(c} A general description of the projects tecnnical, econoMic,
and environmental characteristics considering the principal
engineering proposals.
(d) A description of the environment in t��e vicinity of the
project, as it exists before commencement of the project,
from both a local and regional perspective.
(e) A description of the direc� and indirect impac�s of the
project on the environment in vie� of both the short-term and
long=term effects.
(f) Specifics of the area including, but' not limited to, th�
resources involved, physical changes, alteration to ecological
systems and changes in3uced in population distribution, popu-
lation concentration, tne human use of land, including com-
mercial and residential development, and such other aspects
of the resource base as water, scenic quality and public
services.
(g) A description of any adverse impacts, i.ncluding but not
limited to those ��hich �an be rzduced to an insignzficant
' level, but not eliriinated.
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(h) A statement of adverse impacts that cannot be alleviated
without imposing an alternative design, as well as a state-
ment of their implications and the reasons for the project
beina proposed, notwithstanding such effects.
(i) A statement or description of any mitigation measures ��rit- '
ten into the project plan to re3uce sigz�ificant, environmental�-,
adverse impacts to insignificant levels and the basis for
considering these levels acceptable.
(j) A description or statement of any known alternatives.to the
projec�, or to the location of the project, which could �
�easibly attain the basic objectives of the project, and
reasons for their rejection in favor of the ultimate choice.
• The specific alternatives of "no project" must be evaluated
along with the impact.
(k) A description of the cumulative and long-term effects of the
proposed project which adversely affects the state of the
environment, as well as reasons �ahy the project is believed
by the sponsor to be presently justified, rather than reserv-
ing an option for further alternatives. - �
(1) A descriptio� of the uses of non-renewable resources during
the initial and continued phases of the project, and any re-
sulting irreversible environmental changes which would be iit-
volved in a project in the event such project is implemente��.
(�:�j A discussion of the ways in which the proposed project coul��
foster econonic or population gro�ath, either directly or i�l-
3irectly, in the surrounding environment.
(n) The identity of all�fede'ral, state, or local agencies, other:
organizations and private individualists consulted in pre-
paring the environmental impact report, whether by contract
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or by other authorization, and the identity of the person,
firm, or agency preparing the environmental. impact report.
(o) In all cases involving water quality of a proposed pro,ject,
which quality has b�en certified by the appropriate state
or inter-state organization, as being in substantial
compliance with applicable water quality standards,
reference to such certification must be made.
Section 22: Consultation and Comments: Upon completion of the
d�aft of the environmental impact report, the city or any person
duly auttiorized to prepare said environmental impact report, shall
consult with and obtain comments from, any public agenc_y which has
jurisdicti.on by law with respect to the project, and may consult
with any person who has special expertise with respect to any
environmental impact involved.
Section 23: Review of Draft - Time for Comment. Any draft of an
vironmental impact report prepared by or on behalf of the City of
Palm Desert shall be furnished to any public agency or person with
special expertise, as referred to in Section 22, who is consulted
in connection with such environmental impact report. Except sub-
divisions mentioned in Section 43, in the event no comment or
response from the draft is received by the City of Palm Desert, or
any person duly authorized by said city, to prepare a draft of an
environmental impact report, within twenty (20) days after such
draft of an environmental impact report has been furnished for
review and comment, 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 mad��
from the Uffice of Inter-Governmental �lanagement shall be governed
by Government Code Section 12037.
Section 24: Notice of Completion - Time for Filing. Upon completion
of a draft of an environmental impact report, but prior to fur-
nishing copies thereof to any local or public agency for review, a
notice of completion must be filed with the Secretary of Resources,
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State of California. Said notice shall be in the form prescribed
by the guidelines adopted by the Resources Agency, State of
California, on February 3, 1973. (California Administrative
Code, Division 6, Ti.tle 14.)
Section 25: Public Noti.ce of Report. In any case in which an
environmental impact. report is required, pursuant to the provisions
of this resolution, the city shall, within ten (IO) days after
completi.on of the environmental evaluation, cause to be posted in
three pubiic places in accordance with Resolution No. 73-4, a
noti.ce that such a report is in the process of preparation by the
City of Palm Desert.
Section 26: Contents of Notice. The notice required under Section
25 above shall consist of the words, "Notice of Preparation of
Environmental Impact Report" and shall contain:
(a) A general description of the proposed action or project;
(b) The location thereof as provided for in Section 9(b) above;
(c) A brief statement that written comments on such action
or project from members of the public will be considered
and must be addressed to the City Manager and received
by said City Manager within ten (10) days after
publication.of this notice.
Section 27: Response to Comments. 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 environmental impact report shall he prepared by the city
or a person duly authorized. Such environmental impact report
shall consist of that information required by Section 21, and in
addition, shall include:
(a) The response by or on behalf of the City of Palm Desert
to any comments recei.ved from any public agency, local
agency, member of the general public, or from any person
consulted in connection with the environmental impact report.
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Said response shall describe the disposition of signific.ant
environmental issues raised.
(b) Recommendations and objections raised. in said comments and
a detailed discussion giving reasons why specific comments
and suggestions were not accepted and factors of overri�ing
importanc.e warranting an override of the suggestions.
Section 28. Notice of Comments to Sponsor of Project.
(a) Any sponsor, whether private or public, shall be furnished
within five (5) days after receipt thereof by City of Palm
Desert, or any duly authorized person acting on behalf of
said city, a copy of any comments received from any local
agency, public agency, member of the general public, as
well as from any other person who was consulted in connection
with the project. Within ten (10) days after furnishing
said copy, said project sponsor shall be furnished with
copies of any response by city to such comments.
(b) Comments received through the consultation process shall be
kept on file in the office of the City Clerk and available
forpublic inspection for a period of nin�ty (90) days.
Any comments received independently of the review of the
draft environmental impact report shall also be considered
and kept on file for ninety (90) days and available for
public inspection.
Section 29. Sponsor to Furnish Environmental Information. Any
applicant for any project or activity for which an environmental
impact report is required shall furnish to the City Manager,
a written statement of information, as requested by the City Manager,
covering the proposed action or project to be utilized in making ttie
environmental evaluation and in preparation of any environmental
impact report required by this resolution.
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Section 30: City Manager to Prescribe Information and Form of
Submission. The City Manager shall prescribe the form in which
the factual information required by Section 29 shall be made and
may prepare and provide blank forms for such purpose and may prescribe
the type of information to be submitted in the factual statement.
No application shall be accePted unless it complies with such require-
ments. Provided, however, that if any or all of the information fur-
nished is a"trade secret" as defined in Government Code Section
6254.7, and so specified by the submitting party, it shall not be
included in the impact report or otherwise disclosed by the public
agency. Nothing herein shall preclude the submittal of a draft of
an environmental impact report by a sponsor of a private project.
Such submittai. shall not relieve the public agency involved from
reviewing said draft and complying with all other provisions of
this resolution.
Section 31: Uther Ordinances - Additional Factual Information.
The factual information required to be submitted to the City
Manager by the provisions of Section 29 above may be required in
addition to any information furnished to the City of Pal.m Desert
as required by any other ordinance or resolution of the City oF
Palm Desert.
Section 32: Hearing on �nvironmental Impact Report Combined With
Other Matters. Except as otherwise provided in this resolution, in
all cases where an environmental impact report is filed with the
Planning Commission or City Council, as part of an applicati.on for
� approval of any project or part thereof by the city, and such
applications by reason of any other resolution or ordinance of the
City of Palm Desert require a public hearing and notice thereof by
the Planning Commission or the City Council, said commission or
council shall give notice of and consider the environmental impact
report as a part of such hearing. In addition to giving the notices
required by such other resolution or ordinance, any public notice
so required may include a statement that a draft or final
environmental imnact report, as the case may be, will be considered
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at the hearing. The dates of hearings and the times of giving
notice and any requests of notifying applicants of recommendations
or deci.sions of the City Council or Planning Commission sha11 be
governed by the provisions of this resolution, or ordinance, under
which the particular application is required, permitted or auttio-
rized.
Section 33. Filing of Final Environmental Impact Renort and Copies.
Upon completion of the final environmental impact report, it shall
be filed as follows:
(a) 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.
(b) 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
consider the project or any part thereof.
(c) A copy of the environmental impact report shall be placed
on file with the City Clerk and available for public
inspection.
Section 34. Cost of Copies. Copies of a draft or copies of a final
environmental impact report may be obtained from the City Clerk upon
payment of ten cents ($.10) per page, or a portion of a page;
provided, however, one copy of the draft environmental impact
report and all comments and responses in connection therewith, and
one copy of the final environmental impact report furnished to a
sponsor are exempt from said charge,
Section 35. Final Environmental Impact Report - Consideration of
By Planning Commission. In all cases where the Planning Commission
considers an environmental impact report, it shall adopt same and
consider the contents of said report when making a decision or
recommendation on a project or any part thereof.
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Section 36. Final Environmental Impact Report - Consideration of
and Filing of Notice of Determination.
(a) In all cases in which the City Council is required to
consider an environmental impact report, said City
Council shall adopt the final report and consider the
contents thereof when it makes a decision on a project.
(b) After a Final decision by the responsible agency of the
City of Palm Desert is made, on a project, it shall
cause to be filed in the office of the County Clerk in
the county where the project is located, a notice. Such
notice shall include:
(1) The decision of the City of Palm Desert to approve
or disapprove the project;
(2) The determination of the agency whether. the project
will or will not have a significant effect on the
environment; and
(3) Whether an environmental impact report has been
prepared pursuant to the provisions of the CaJ_ifornia
Environmental Quality Act.
(c) To the extent possible, the environmental impact report
process should be combined witti the existi�g planning,
review, and project approval process being used by the
responsible agency. The City of Palm Desert, as the
responsible agency, shall include the environmental impact
report as a part of the regular project report where such
a report is used in the existing review and budgetary process.
Section 37. Environmental Impact Report As Part of Project Report.
A final environmental impact report 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 distinguish-
able section, the elements required in Sections 21 and 27, inclusive,
of this resolution.
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Section 38. Subsequent Environmental Impact Report. Where an
environmental impact report has been prepared, no additional
environmental impact report need be prepared unless:
(a) Substantial changes are proposed in the project which
will require major revisions of the environmental impact
report, due to the involvement of new environmental im-
pacts not considered in the original environmental impact
report;
(b) 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 locatinn of
the project, which will require major revisions in the
environmental impact report due to the involvement of
new environmental impacts not covered i.n the original
encironmental impact report.
Section 39. Use of Single F.nvironmental Impact Report. The City
of Palm Desert may employ a single environmental impact report
to describe more than one project, if such projects are essentially
the same in terms of environmental impact. Further, said city
may use an earlier environmental impact report prepared in con-
nection with an earlier project to apply to a later project, if
the circumstances of the projects are essentially the same. The
city may elect to write environmental impact reports in advance
for entire programs or regulations, in order to be prepared 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 projects are similar enough to
warrant the same treatment i.n an environmental impact report and
that the environmental impact report will adequately cover the
impacts of any single project.
If these tests are. not met, the
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city shall amend the environmental impact report it prepares for a
program to apply it to an individual project with unusual
characteristics.
Section 40: Multiple and Phased Projects.
(a) In any case, where the City of Palm Desert is a lead
agency, as defined herein, it shall prepare or cause to
be prepared, the environmental impact report or negativE:
declaration after consultation with all other public
agencies which must approve the project in question or a
part of the project. To insure that the environmental
impact report or negative declaration reflects the concerns
of all the public agencies involved: the City of Palm
Desert, as the lead agency, should consult with public
agencies which will issue approvals for the project.
This consultation shall b� done at an early stage of
the development of the environmental impact report.
(b) The City of Palm Desert, as a lead agency, shall
include in its notice of completion a statement to the
effect that it is a"lead agency".
(c) The environmental impact report prepared by the City
of Palm Desert, as the lead agency, shall be considered
by every public agency prior to its approval or dis-
approval of the project.
Section 41: Projects Approved Prior to April 3, 1973. In any case
where a project involving the issuance of a lease, license, certificate,
or other entitlement to use has been granted a discretionary approval
by the City of Palm Desert, or the City Council, for part of the
project before March 1, 1974, and requires another ur additi.anal
discretionary approva]_ after the effective date of this resolution,
the project shall require the preparation of an environmental impact
report only if the approval, or approvals, after March 1, 1974
involve a greater degree of responsibility and control over the
project as a whole.
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Section 42. Fees
(a) In addition to any fees imposed by any other
resolution or ordinance of the City of Palm Desert,
said city shall collect, at the ti.me of application,
from the sponsor, or sponsors, of a private project
for all environmental evaluations the sum of
Fifteen Dollars ($15.00), and at the time an
affirmative environmental eval.uation becomes fi.nal
the fees as follows:
(1) A sum estimated by the City Manager for the
City of Palm Desert to be sufficient to cover
the actual cost of preparing a draft and final
environmental impact report.
(b) If any deposit, so required in subsection (a) (1)
above is insufficient to pay all the actual costs
of preparing a draft and final environmental impact
report, the sponsor or sponsors of a private project,
upon demand by the City Manager, shall pay to the
city an amount equal to the deficiency. If such
sponsor, or sponsors, fails or refuses to pay such
deficiency, upon demand, the city may recover the
same by an action in any court of competent
jurisdiction.
(c) If the actual costs of preparing the draft and final
environmental impact report are less than the ar.:c;�int
collected under subsection (a) (1) above, the city
shall refund to the sponsor, or sponsors, said excess.
^�r.rion 43. Subdivi.sions - �pecial. Pr.ovisions. *Iotwirh5tanding
anvthing to the contrary in this resolution, unon the filing of a
tentative subdivision map, as provided in Section 11550 of t'�e
California Business and Professions Code, the Planning Commission
or City Council may submit the tentative map to the Office of Inter-
Governraental Management pursuant to Section 12037 of the California
Government Code and request an evaluation of the environmental impact
of the proposed subdivision. If the subdivision in question is a
land project, as defined by Section 110005 of the Business & Pro-
fessions Code, such submission shall be required prior to approval
of the map.
Section 44. Designation of Lead Agenc Flhere the City of Palm
Jesert, and any other public agency, is involved with a project,
which agency shall be the "lead agency" shall be determined by the
following principles:
(a) The "lead agency" shall be the public a�ency which oroposes
to carry out the project.
(b) If tt�e project is to be carried out by a non-governmental
person, the "lead agency" shall be the public agenc_y with
the greatest responsibility for supervising or approving
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the project as a whole.
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The "lead agency" will generally
be the agency with general governmental powers rather than
an agency with a single or limited purpose wiiich 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 ��ill, upon request, provide data concerning
all aspects of its activities required to furnish service
to the project to tne agency drafting.tne environmental
impact report, and no separate environmental impact report
will be required in regard to such activities.
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(c) Where more than one public agency equal�y meet the criteria
set forth in paragraph �b).above, the agency which is to
act first on the project in question shall be the "lead.
agency" (following the principle that the environmental
impact should be assessed as early as possible in govern-
mental planning),
(d) In the event that the designation of a"lead agency" is in
di.spute among public agencies, any public agency may submit
the questiQn to the Office of Planning and Research, which
shall designate the "lead agency" basecl on consideration of
the above priorities, along with consideration of the
capacity of such agency to adequatel.y fulfill the require-'
ments of the California Environmental-Quality Act.
Section 45: Emergency Projects. The following emergencg projects are
exempt from the requirement for an environmental ir.ipact report:
(a) Projects undertakenr carried out, or approved by a public
agency�to maintain, repair� restore, demolish or replace
, property or facilities damaged or destroyed as a result o�
a disaster in a disaster-stricken area in wnich a state of
emergency has been proclaimed by the governor pursuant to
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(b)
(c)
Chapter 7(commencing with Section 8550) of Division 1,
Title 2 of the Government Code.
Emergency repairs to public service facilities necessary
to maintain service.
Projects undertaken as immediate action necessary to pre-
vent or mitigate an emergency,
Section 46: 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 as required by
Section-5 of this resolution.
Section 47: Ministerial Projects. Ministerial projects do not re�
quire the preparation of environmental impact reports. The following
actions and activities are "ministerial": "
(a) Issuance of building permits, except in scenic preservation
averl�y:zone-and subject to the provisions of Sections 48,49 � 5
(b) Issuance of business licenses;
{c) Approval of final subdivision maps;
(d) Approval of individual utility service connections and "
disconnections;
(e} Grading permits issued for removal of 50 cubic yards, or less;
(f)
(g)
(h)
(i)
Permit for removal of trees in public rights o� way;
Franchises;
Plumbing permits;
Structural demolition permits.
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Section 48:
Projects.
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Categorical Exemptions - List of Classes of Exempt
The classes of projects numbered 1 to 12, inclusive,
contained in subsections (a) to (1), inclusive, have been determined
not to have a significant effect on the environment and are, therefore,
.
exempt unless otherwise provided in Sections 49 and 50" , from the pro-:
visions of the Environmental Quality Act of 1970. The classes of
exempt projects are:
(a) Class l: Existing Facilities. Class l�consists of the
operatian, repair, maintenance or minor alteration of
existing public or private structures, facilities,
mechanical equipment, or topographical features, involv-'
ing negligible or no expansion of use beyond that previ-
ously existing, including but not limited to:
(1) Interior or exterior alterations involving such
things as interior partitions, plumbing, and
electrical conveyances;
(2) Existing facilities of both investor, and publicly
owned utilities used to convey or distribute
electric power, natural gas, sewage, etc.;
" (3) Existing highways and streets (within already estab-
lished rights-of-way) sidewalks, gutters, bicycle and
pedestrian trails, and similar facilities; ."
(4� Restoration; or rehabilitation of deteriorated or
damaged structures, facilities or mechanical equip-
ment to meet current standards.of public health and
safety, t�.nless 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
addition will not result in an increase of more than
50 percent of the floor area of the structure bef.ore
the addition or alteration, or 2500 square feet, whic�:�
ever is less;
(6) Addition of safety or health protection devices for
use during construction of or in conjunction with
existing structures, facilities or mechanical equi.p-
ment, or topographical features (including navigational
devices) where these devices do not have or result in
an adverse en�ironmental impact;
(7) Ne�a copy on existing on and off-premise signs;
(8) Maintenance of existing landscaping, native c�rowth
and water supply reservoirs (excluding the use of�
economic poisons, as defined in.Division 7, Chapter
2, California Agricultural Code);
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(9) Maintenance of fish screens, fish ladders, wildlife
habitat areas, artiiicial wildlife waterway devices,
streamflows, springs and waterholes, and stream
channels (clearing of debris) to protect fish and
wildlife resources;
(10) Fish stocking by the California Department of r^ish
and Game;
(11) Division of existing multiple family rental units into
condominiums;
(12) Demolition and removal of buildings and related
structures except where they are of historical,
archaeological or architectural consequence as offi-
cially designated by Federal, State or local govern-
mental action. �
(b) Class 2: Replacement or Reconstruction Class 2 consists
of replacement or reconstruction of existing structures
and facilities where the new structure will be �.ocated on
the same site as the structure replaced and will have sub-
stantially the same purpose and cabacity as the structure
replaced, including but not limited to:
(1) Replacement or reconstruction of existing schools
and hospitals to provide earthquake xesistant
structures which do not increase capacity more
than 50$.
(2) Replacement of a commercial structure cvith a new
structure of substantially the same size and purpose.
(c) Class 3: New Construction of Smal1 Structures. Class 3
consists o construction and ocation of sing e, new faci-
lities or structures listed in this notice and installation
of new equipment and facilities including but not limited to�
(1) Single family residences not in conjunction with the
building of two or more such units.
(2? Motels, apartntents, and duplexes designed for not
more than four dwelling units if no� in conjunction
with the building of twn or more such structures. �
(3) Stores, offices, and restaurants if designed for an
occupant load of 20 persons or less, if not in con-
junction with the building of two or more such structures.
(4) Water main, sewage, electrical, gas and other utility
extensions of 1,000 feet or less to serve such con-
struction,
(S) Accessory (appurtenant) structures including garages,
carports, patios, swir.uning pools and fences.
(d) Class 4: Minor Alterations to Land. Class 4 consists�of
minor public or private alterations in the candition of land,
- water and/or vegetation, including but not limite3 to;
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(1) Grading on land with a slope of less than 10 percent,
except where it is to be located in a watercaay, in any
wetland, in an officially designated (by Federal, State �
or local governmental action) scenic area, or in offi-
cially mapped areas of severe geologic hazard.
(2)
(3)
PJew gardening or landscaping but not including tree
removal.
Filling of earth into previously excavated land F�ith
material compatible with the natural features of the
site.
(4) Minor alterations in land� �vater and vegetation on
existing officially designated wildlife management
areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources
or greater fish production,
(5) Minor temporary uses of land having negligible or
no permanent effects on the environment, including
carnivals, sales of Christmas trees, etc.
(e) Clas� 5: Alterations in Land Use Limitations. Class 5 con-
sists �f minor alterations in land use linitations, except
- zoning, including but not limited to:
(1) Minor lot
variances
parcel nor
line adjustments, side yard and set-back
not resulting in the creation of any new
in any change in land use or density.
(2) Issuance of minor encraachment permits.
(f} Class 6: Information Collection. Class 6 consists of basic
data collection, research., experimental management and re-
source. 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 ��hich a-public
agency has not yet approved, adopted or funded.
(g) Class 7: Regulatory Actions for Protectiori of Natural
Resources. Class 7 consists of actions taken by regula-
tory agencies, as authorized by state law or local. ordinance,
to assure the mainter_ance, restoration, or enhancement of a
natural resource, including but not limited to wiZdlife
preservation.
(h) Class 8: Regulatory Actions for the Protection of the
Environment. Class 8 consists of actions taken by regu-
latory agencies, as authorized by state law or local ordi- •
nance, to assure the maintenance, restoration, enhancement,
or protection of the environment.
(i) Class 9: Inspections. Class 9 consists of activiti�s
zm� � e�entirely to znspection, to check for performance
of an operation, or quality, health or safety of a project,
including related activities such as inspection for possi-
� ble mislabeling, misrepresentation or adulteration of products_
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(j) Class 10: Loans. Class 10 consists of loans made by
the Depar[ment of Veterans Affairs under the Veterans
Farm and FIome Purchase Act of 1943.
(k) Class 11: Accessory Structures. Class 11 consists of.
construction, 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.
(1) Class 12: Surplus Government Property Sales. Class 12
consists of sales of surplus government property except for
parcels of land.
Section 4;': Any project of any class set out in Section 48 which
is discretionary with the City of Palm Desert sha11 not be exempt,
and further, provided that the exemption of Classes 3, 4, 5, and 11,
of Section 48 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. Ttie
exemption of projects within said classes shall apply except where
the project may impact on an environmental resource, or hazard or
critical concern as may be hereafter designated, pr.ecisely manped,
and officially adopted pursuant to law.
Section 50: All exemptions of projects in C,lasses 3, 4, 5, and
11 of Section 48 are further qualified to the extent that such
exemptions are inapplicable where the cumulative impact of
successive projects of the same type in the same place, over time
is significant. By way of example only, an annual ad�i.t:ion to an
existing building under Class 1 of Section 48 would remove such
project from the Class 1 exemption.
Section S1: Al1 hearings required to be held before the City
Council by the provisions of this resolution shall be set bv the
City Clerk. The date of the first hearing shall not he less than
ten (10) days nor more than twenty (20) days from the time of the
filing of the recommendations by the Planning Commission with the
City Council.
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Section 52: Hearings Ma� Be Con�n�e�_�_��out Recourse to Public
Notice. If, for any reason, testimony on any matter set for
public hearing cannot be completed on the day set for such hearing,
the commissioner presiding at such public hearing may, before the
adjournment 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.
Section 53. Contents of Public_Notice; Hearing Solelv on
�nvironmental Impact Report and To Establish �oundaries of
Affected Areas. Any public notice of a hearing to be held before
the City Council solely by reason of the provisions of this reso-
lution shall consist of words "Notice of Public Hearing on
Environmental Impact Report." It shall a.lso set forth the location
of the project and the nature of the action under consideration, as
well as the date, time and place of hearing.
Section 54: An environmental impact report must be prepared and
processed by the City of Palm Desert as a part of and in connection
with all actions and projects for whic.h a report is required by
the provisions of Government Code, Section 65402.
Section 55. 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.
Section 56: The action by the City Council on any application or
recommendation or other entitlement of use shall be final and
conclusive.
Section 5,'�. Within ten (10) days following the decision oE the
City Council, the City Clerk of the City of Palm T)esert shall give
writte.n notice of said decision to the applicant or applicants, as
the case may be, at the applicant's address shown on the application
to either the City of Palm Desert or to the Planning Commission.
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Section 58: The time within which the City Council may act on
an application may be extended by the City Council.
Section 59: In the event that any project, activity, application
or other entitlement of use requires more than one (1) environ-
mental impact report by reason of two (2) or more component parts
thereof, any previously filed environmental impact report shall be
incorporated by reference into any environmental impact report later
required to be prepared and filed.
Section 60: This resolution shall not be codified.
Section 61: Interpretation - Conflict of Provisions. In
interpreting and appl.ying the provisions of this resolution, they
shall be held to be the minimum requirements for the promotion 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 imnact 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 subject to the
provisions of this resolution which are inconsistent herewith, are
to that extent superseded.
Section 62: Severability of Provisions. If any section, suh-
section, sentence, clause or phrase of this resolution is, for
any reason, held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or consti-
tutionality of the remaining portions of this resolution, it being
expressly declared that this resolution and each section, sub-
section, 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.
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Section 63: The provisions of this resolution shall becom.e
operative March 1, 1974 and shall remain in full force, except
as from time to time amended, or unless superseded by a resolution
covering the entire siibject matter of this resolution.
Section 64: T_he City Council may from time to time adopt, by
resolution, additional rules and regulations in order to aid in
the implementation of the California l?nvironmental Quality Act
of 1970, and the Guidelines adopted February 3, 1973, by the
Resources Agency, pursuant to said act.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Palm Desert, held on the 28thday of February ,
1974 by the following roll call vote:
AYES: Aston; Benson; Brush; McPherson; Clark
'_`dO�S :
ABSENT:
ATTEST:
None
None
�; � i ;
i,
E. R. Asmus, City Clerk
City of Palm Desert
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