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HomeMy WebLinkAboutCC RES 77-007RESOLUTION 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. the City Council of the City of Pala Desert. Callfornta. RESOLYES as follan: SECTION 1: City Councll Resolutlon No. 74-14 ts hereby repealed. SECTIaI 2: Thts resolution sha11 be kna as the "E vironnental QualitY Procedurt" resolutlo . TABLE OF CON7ENT5 Paie Definitions Appltcabillty Exenipt Projects tead Agency Crtteria Initial Study Megative Declaration Appeal of Initlal Study Declsfo Enviromnental Impact Repo t I terpretation - Confllct of Provisions Severability of Provlstons Fees SECTIOM 3: Definitlons Words used herein that are defined in the Envirornaental Qualitr Ik t of 19T0 and in the California Administrative Code. Division 6, Title 14. Dut not specifically defi ed 1n thts resolution. shall have the meaning as is giren to them in said statutes. Mhenever the follo+ ing ►vords are useA in this resolution. ther shall have tlie meaning asc ibed to them in this section. (a) licant means a person who proposed to carry out a project whlch n s a ease, permit. license, ce tificate, or other entitlement to use or financial assistance fran one or nare public agencies rvhen tfiat person applies for the gorern nental approval or assis- tance. (b} (1) A rov al in cor►nection witfi projects neans tF►e decision of the t i y ou cil of the City of Pal n Desert, California, which can- its said City to a definite course of action in rega M to a project intended to be carried out br any person, and also eans any action by a duly authorized board or conmissio of said City ahich becaaes final 1n absence of a duly authoriied appeal to the City Coimcil. which so co nits said City. pursuant to a d in ac- cordance with this resolution. (2) roval in connection Mith private actions rtieans the earliest tommitment br the City o any of its duly authori2ed boa►ds or commissia s to issue. or the issuance of a discretior ary con- tract. grant. subsidy. loan, or other financial assistance, lease pera it. license. certificate. or other entitlement for use 0o this project. (c) Callfornla Envlroronental Quality Act (CEQA) e+eans California Public 1Fesources o ect ons et seq. Raoi uti on No. 77-1 (d) Gte orlcal Eze tlon �eans �n exd�ption fro� the requir�daents of �7 or a c ass o projects base4 on a finding by the Secretary► fo� Resources tA�t the class of projects does not h�ve • signifi- cant effect on the en�lron�ent. {e) Cu�ulative I•cts refer to two or �ore inalvidual effects �hfch, en cons ere gethe�, arr considerable c+r nhlch co�pound or 1n- trease other environnental i�npacts. The individual effects �ay be cMnges resulting fro� a single project or a nunber of separete pro- �acts. (f) Discrettonanr Pro3ect eeans an activity defined as a project ►fiich re- qu res exere se of 3udgment. dellberation, or decislon on the part of the Citr of Pal� Desert. or its duly authorized boards or co�nnissions in �natters wheretn judc�nents of sald boards or comnisslons bccane finat 1n the absence of an appeal to the City Council. Discretionary does not �nean e deteneination by the City Cou�cil or its dulr authorized b—oarEs or con�rtissions uhether there has been confonrtitr with applicable statutes. ordinances. or regulatio�s. (g) Emer nc nieans a sudden. unexpecteA occurrence, involvi�g a clear an mm nent dange�, demanding an innediate action to prevent or mitigate loss of. o� damage to life, health, property, or essential public servlsed. Emergency includes such occurrences as fire, flood, earthquake. or other soil or geolo9lc movements. as �ell es such oc- currences as riot. accfdent, or sabotage. (h) Envlronment �eans the phrsiwl, eco�anic, and social tonditions Mhich ex s�t M�tT�n the area which will be affected by a proposed project 1n- cluding but not limited to la�d, air, rater, a�inerals, flo�a, fauna, ambtent noise, objects of historlc or aesthetic si9nificance, land use. etonomics. and social factors. (1) Environmental Documents means Oraft a�d f1na1 Environnrcntal In�pact eports .. s, � tial Studies. Negative Declaratlons, Nottces of Completton. and Motices of Detenetnation. (j) Environme�tal I act Re ort (EIR) neans a detailed statement setting ort a t e envi►Yinmenta effects and conside�ations of a project and may nean either a Draft or a final EIR. M EIR is an info►ma- tional document which, �fien its preparatio� is required by this reso- lution, shall be considered by the City of Pale� Desert p�ior to 1ts approva) or disapproval of a project. The purpose of an EIR is to proviAe mertibers of the public, the City of Pal�n Desert, City boards and cam�issions, and anr other public or local agencY having an i�- terest in or jurisdiction of a project with detailed i�formation about the effect a proposed project is likely to have on the e�viran- ment; to list ways in which any adverse impacts of such a project might be mini�ized; a�d to suggest alternatives to such project. (1) O�raft E[R weans a� EIR co�tai�i�g the i�fon�+ation required tn ect on 0 and prepared for review and connients by incnbers of the public, the sponsor oc lead a9ency oi a project, Mhethe� public or private. any local or public agency having jurisdic- tton by laM ove+r a pro3�t, or having special expertise �ith re9ard to anr enviro�nental impact involved. Where a Lead Agencr consults with Responsible Agencies i� the preparation of a Draft EIR, the Draft EIR shall also contain the infornw- tlon speciited in Section 10. (2) Final EIR �aea�s an EIR as described i� Section 10. (k) Envirormental I act State�e�t (EIS) �neans a� envirornnental impact ocuaent prepared punuant ta the Natio�al Envlron�nental Policy Act (NEPA). Resolutlon Mo. 77- 7 ;� (1) Fe�s161e wNns upable of being accoepllshed 1n a successful �nne� wtthin � reasonable period ot ti�e, taking into account eco�o�tc. environ�ental. soctal. and technologiwi factors. (�) Jnttlal Stud �eans a pre11w1�ary enalysis pr�pand br the ea gency o detr�tne whether an EIR or a NegatSve Decl�ra- tion wust be PrePat�ed. (n) Jurtsdfctlon b law �ea�s the authority of any public agency gran a pe�n or other entitlement for use. to proride fur►dfng for the project 1n question, o� to exercise authority over resources whlch iaey be affected by the project. (o) �Lead A nc�r aieans the public agency +fiich has the principal responsibiTlty for prepartng envirorm�ental docunents and for carrrin9 out or approvi�g a project which �nay have a signifi- cant effect o� Lh! MY�r'Of1111C11C. (p) Lxal A enc meaes any pubtic agency other than a state agency. ar , or commisston. Local agency includes but is not li�nited to cities. counties. charte� cities and counties. distrlcts, school distrlcts, r�edevelopment agencfes, local aqency forma- tion conn+issions and any board. cortmission, or or9anizatlonal subdivtsion of a local agency when so designated Dy order or resoluti� of the governing legislative bodr of the lxal agency. (q) Mintsterlal Pro ects lnclude those activities defioed as projects w c�a+re un rta en or approved by a governmental decision Mhich a public officer o� public agency �re kes upon a giMen state of facts in a presc�ibed manne� in obedience to the mandate of 1e9a1 authority. With these projects. the office� or agency must act upon the given fatts xithout regard to his oMn judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance. or .egulation may require. in some degree, a construc- tion of its language by the officer. In sunmary. a ministerial decision invol•res only the use of fixed standa Ms or objective measurements without personal judgme�t. (r) Ne ative Declaratio� means a written staten�ent by the LeaA Agency r e y escr ng t e reaso�s that a proposed project, although not othen+ise exempt, will not hav�e a significant effect on the environment and therefore does �ot require the preparation of an EIR. (s) Notice of Completion means a b�ief notice filed with the Secretary o�kesources y a ead A9ency as soon as it has conpleted a Oraft EIR and is prepared to send out copies for rerie++. (t) Notice of Determination �eans a brief notice to be filed by the ty o Pa m Desert after it approves or determines to ca�ry out a project which is subject to the Drovisions of this resolution or vfien any dulr authorized board or commission approves such project and such approval becanes final in the absence of an appeal to the City Council. (u) Perso� includes any person. firyn� association, organizatio�, partnership. buSlness. trust. corporation, toRpany, district, county. city and tounty. city, tawn. the State, a�d any of the agencies and political subdivisions of such entities. (r) (1) Pro ect ueans the rA�ole of an actio�, ahich has a poten- t a o� resulting in a ph�rsical change 1n the e�viron- �ent. directly o� ulti�ately, that is any of the foltar- 1ng: �'.;� Resolutio� No. 77- T 1. an actirlt,�► 4lrettly unde�taken by any puD11c agency lntluding but not li�rited to publit works oonstruc- tlon and related activlties. clea�tng or gradi�g o[ �. land. i�prorewents to exlsting public structures. enict�ent and a�Aaent of zoning o�lnantes. and the •doptton and a�en�ent of local 6eneral Plans t or ele�ents thereof pursuant to 6overn�ent Wde Sectlons 65100-65700. 11. en •ctivity undertaken Dy a penon whlch is suppo�teA 1n whole or 1n part through pubitc agenty cantracts, grants, subsidtes. loans. or other for7ns of asslstance frow one or �nore public agencies. 11i. an activity involving the issuance to a perso� of a lease. peraiit, license, certificate, or other entitle- nient for use by one or �ore public agencies. (2) Pro ect does not lnclude: 1. anything specifically exenpted Dy State ta�r. 11. proposals for legislation to be enacted by the State Legislature other than requests by State agencies for authorization or funding for projects independently from the Bud9et Act. fii. continuing administrative or matntenance activities. such as purchases fo� supQlies. persa►�el-related actio�s, emer9ency repairs to public se�vice facil- ities. general policy and procedure awking (except as they are applied to specific instances covered aDove)� feasibility or planning studies. iv. the submittal of proposals to a vote of the people of the State or of a particular community. (3) Pro ect refers to the activity which is being approved and c may be subject to several discretio�ary approvals by governmental agencies. The te►m "project" does not mean each separate gorernme�tal approval. (w� Public A enc lncludes any state agency, boa►d, or commission, an any eca o� regional agency, as defined in this resolu- tion. It does not incluAe the courts of the State or agencies of the federal gove•rnment. (x) Res onsible A enc n+eans a public agency �fiich proposed to carry out a pro ect. ut is not the Lead Agency for the project. It includes all public agencies other than the Lead A9ency rhich have approval powe� over the project. � (y) Si ifica�t Effect on the Enviro�n�t nieans a substantial, or potent a y s stant a. a verse c nge in any of the physical, social. or economic conditions within the area affected by the activity. SECTION 4: Acalicability '> Except as othe�rlse provtded in this �esolution, its provisioas shall apply to dlscretionary projects proposed to be ca►ried out by the City of Palw Desert and any of its duly authorized and constltuted boa►ds and con�aissions. except nhere such project is exen�pt fran the preparation of an EIR by roason of an exenption as provided in this resolution. �T •�pS � ` RlSO�YL10f1 i�0• %%• % .���, �_ SECTION S: E�vt Pro�ects (a) Mlnisterl�l Pro ects. Minlsterial projects �re exe�t fro� the requ re�en � o E� and do not require the prep�ratio� of en- vt�o��q1 docu�ents. �he follarin9 actlons a��d activities are �inlsterl�l; �` (1) lsswnc� of building perwits, punwnt to the Oesign Review Bard process; (2) lsswnu of business licenses; (3) approwl of final suDdirlston �naps; :� (�) approral of 1nd1r10ua1 utitity service co�nectio�s and dis- co�nectto�s; (S) grading pe�lts lssued for re�oval of flfty (50) cubic yards. o� less: (6) pe►�it for re+raral of trees in publit rights-of-way; (7) franchises; (8) Plu+btng penalts; (9) structu�al deewlitlon pe�lts: (10) tenporary use pe►�its; (11) pa�ade and special erents pern+its; � (12) hone occupation pern�its; (13) issuance uf animal licenses; (la) adjustments qranted pursuant to the Palm Desert Mu�icipal CoAe. (b) On-qoinq Pro�ects. (1) A project as defined in Sectlo� 3(v)1(i) of this resolution. approved prior to Novenbe� 23, 1970 shall reQuire an EIR or a Negative Declaration if the project may have a significant effect on the environn�t, and either of the following exist: 1. A substanttat portioa of public funds allocated for the project have not been spent and it is still feasible to mnGify the project to mitigate potentially adverse e�- vironmental effects, or to choose feasible alternatives to the project. i�cluding the alternative of "no pro- ject" or fialting tf�e project; prorided that this Section (1) shall not apply to projects ►fitch come under the jurisdictio� of the National Enviror�nental Qolicy Act (HEPA� anQ �fiich, 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 aodify the project in such a way that the project �ight have a new significant ef- fect on the environnent. (2) A project as defined in Section 3(v) (i) (ii) or (i11) as 1t relates to cont�acts, where the penrtit or other entitle+�+►t aas issued. or the cor►tract approved. prior to April 5. 1973. shall not require an EIR or Negative Declarativ�. subject to the following provisions: Resolutlon No. 7�• 1 1• CE4►re�Pr'�ss1y does not prohlDlt a public ay�,�cy tro� cansidering environwental factors /n connec- t�on wlth the approval o� dlsapproval of � project. ;�: or fro� t�posing reasonable tees on the appropriate p�lrate person o� entlty fo� preparing an environ- ' �en41 report. local agenctes �er rtqutr�e enviro�- wental reports to� pro�ects covered by thts para- 9r+D� P�+rsuent to loul ordinances du�ing this in- terl■ peMod. �' 2. 1lhere the issuance o� approval occun�ed prlor to ` Dece�nbe� S. 1972. and prto� to sald date the pro- '� �ect Mas legally thallenged for noncoepliance Mith CEQA. the project shall be bound by special rules set forth 1n Settlon 21170 of CEQA. -� 3. Mhere a project lnvolving the issuance of a lease, permit, 1ltenst. certlficate. or othe� entitleme�t to use has been g�anted a disc►titionary governmental approva) for pa�t of the project before April 5, 1973. and another or additional discretiona►y► governmental approvals after April S, 1913. the projett shall re- qutre an EIR or Negative Declaration only if the ap- proval or approvals after April 5, 1973. involve a 9reater degree of responsibility or control over the project as a whole tha� did the approval or approvals prior to that dete. (c) Feasib111ty and Plan�i�v StuAtes. A project lnvolving only feasibility or planning studles for possible future actio�s whlch the age�cY, board, or commisslo� has not approved, adopted. or funded does not require the prepa�ation of an e�virormiental fnpact report. but dces require consideratton of envirorn�ental factors. (d) Emergency Projects. The following emergency projects are exenpt fro� the re- quiren�ent for an EIR: 1. Projects undertaken, carried out, o� approved by a public agency to rtaintain, repair. restore, demolish, or replace property o� facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in ►fiich a state of emergency has been protlalmed by the "Governo�" pursuant to Chapter 7(ooeniencing with Sectlan 8550) of Division 1, Title 2 of the Government Code. 2. Emergency repairs to p�lic service facilities neces- sary to maintain service. 3. Specific acttons necessary to prevent or �►itigate an energency. (e) Cate9oricai Exemptio�s. The following classes of projects have been detennined not to have a significant effect on the envirornnent a�d are therefore exenpt, unless other�ise provided in this Sec- tion. fron+ the provlsions of CEQA: Class 1: Existla Facilittes. Class 1 co�sists af the oper�on. repa r, ma n� ance, or minor alteration of existing public or prlvate structures. facillties, mechan- ical eGuipnent. or topographical featu►es, involving negli- gible or no e�ansion of use berond that previously existi�g, intluding but not lin�ited to: (1) Inte�lor or exterior alterations involving such things as interlor partitions. plunbing, and electrical con- veyances; -6- Aesolutton No. 77- 7 (2) Exlstin� facilitles of Doth investor and publitly owned uN 11tfes used to provide electric power. natural q�s, sewer�ge. or other publlc utility t!f`1►itls; `" (3) Existing hlghaays and str�eets, side+Nlks, gutters. bltycle �nd pedestrta� troils, and si�ila� fac111ties except rhere tlie activity Mill lnvolve r�aoval o� a scenic resource including but not 1lwited to a stand ot tr�ees. � rock outcroppiny. or an histoM t buitding; (4) Resto�atlon. o� rehabilltation of dete�lo�ated o� da�neged structures, facilities or �nechanical equlp- �nent to �eet turrent standards of public health and safetr. unless it 1s deter�nined that the da�nage Mas substanttal and resulted fran an eeviroranental hazard such as earthquake, lands114e, or flood; (5� Additions to existing stnxtures provided that the ad- Eition Mill not result in an increase of �nore than fifty percent (SOx) of the floor area of the structures before the additla� or 2.500 square feet, rfiichever is less; (6) Addition of safety o� health protection devices fo� use during co�struction of or in co�junction Mith existing structures, facilftles, or mechanical equtpnent, or topo9raphical features including navigational devices; (7) New copy on existing on and off•premise signs; (8) Maintenance of existing landscaping, native gro�rth and water supply rese�voirs (excluding the use of economic poisons, 3s deflned 1� Oirisio� 7, Chapter 2, California Agricultural Code); (9) Maintenance of fish screens, fish ladAe�s. wlldlife habitat areas. artlficial rildlife Mate n+ay devices, streamflows, sp�in9s and waterfioles. and strea�n chan- nels (clea�ing of debris) to protect fish and wildlife resources; (10) Fish stocki�g by the California DepartmMt of Ftsh and Game; (11) Dirision of existing awltiple faerily rental untts into condoa�i n 1 ums ; (12) Denalitio� and rertaval of individual sa�all structures listed in this subsectio� except v�here the structures are of histo�ical, archaeolo9lcal, o� architectural significance: (1) Single fa�nily residences not in conjunction with the deaiolition of two or nore units, (2) Motels, apartments, and d�plexes designed for not aore than four dwelling units if not in conjunction Mith the denalition of t�o or nore such structures, (3) Stores, offices. and restaurants if desig�ed for an occupant load of twenty (20) persons or less, if not in conj unction with the denalitio� of two or uiore such structures. (4) Accessory (appurtenant) structures i�cluding ga�ages, carports, patios, swinnring pools. and fences (13) M1�or repairs and alterations to existin9 dams and ap- purte�ant structurts under the supervision of the Depart- nient of Mater Resources. ��k ; ,�:;3 : �,� P� -7- iEesOlutir` No. �7- 7 " Class 2: _keplace�ent or Reconstnution. Class 2 conslsts ;F o�'-i�ep1'ace+�en o� reaons�'nx��in oi'�stin9 st►vctu►�es and � tatt11t1es MNere the ner strvcture a111 be toc�ted o� the sa�a ttte as the structure replaced �nd will havr substanttatly tA� sa�e purpose and capactty as tAe structure replaced. tncluding , Dut not ltwlted to: (1) It�place�ent or reco�struction of exlsting schools and hospltalt to provtde earthquake resistant structu►�es Mhich do not increase capacitr �ore than fifty percent (50x}; (2) Itepl�ce�ent of i co�erclal structure Nith a new structure at sibstantlally the sa�e slre end purpose; Class 3: Ne+v Co�struction of Sniell Structures. Class 3 conslsts o�construct on an ocat o0 o s ng e, nex. s�nell facilities or structures and lnstallatlo� of sa�nll new equip�ent and facilities Intluding but not 11�1ted to: (1) Single fanitly residences not in conjunctian rrith the building Or two or n�ore such u�1ts. (2) Motels, apertnients, and duplexes desiqned for not ao►�e than four dwellteg units if not in tonjunctlon with the building of tr+o or Nare such structu�es, (3) Stares. offices. and restaurants if Aeslgned fo� a� occupant level of twenty (20) persons or less. if not in conjunction with the bui141ng of two or more such structures. (4) Nater nialn, seMage. electrical, gas. and other utility ex- tensions of reasonable length to serve such constnx tion. �, (5j Accessory (appurtenant) structures including garages, tar- f ports, patios, swimming pools, and fe�ces. Class 4: Minor Alterations to Land. Class 4 co�sists of minor pii6T�c o� pr vate a terat ons �n t e conditio� of land, water, andlor vegetation rfifch do not involve renvval of n+ature, scenic trees except for forestry and aqricultural purposPs. Exartples include but are �ot limited to: (1) Gradin9 on land with a siope of less than ten percent (lOX), except khere it is to be lxated In a waten+ay. tn any wet- land, in an officially desi9nated (by Federal, State, or local governnental action) scenic area, or in officially rt�apped areas of severe geologic hazard, (2) 1lerr gardening or landscapi�g, (3) Fi111ng of earth into previously excavated land with neterial conpatible Mith the natural features of the site, (�� Minor alte�atio�s ie la�d, aater, and vegetation on existin9 officially designated wildlife nana9eapnt areas or fish pro- ductlo� facilities which result in improve�nent of habitat for fish and Mildlife resources o� greate� fish production. {5) kinor te�orary uses of land having negligible or �o pernanent effects on the environnient. including carnivals, sales of Chri st,�as trees. etc. , (6) Minor trenching and backfilling Mhere the surface is restored. (7) Meintenance dredging where the spoil is deposited in a spoil srea authorized bY all applicable state and federal regulatory agencies. -8- Reso' �on No. 77- 7 l�s S: Alterotions 1n L�nd Use ll�itatt s. Class 5 con- s sts ot nor • terat ons � an use tatlo�s. except ronlny, including but not 11�1Led to: (1) Mino� lot ltne aAjustiaents, side wrd and setDack variances not resulting 1n the creatlon of any new p�rtel nor in anr chan9e tn tand use or denslty; (2) Issu�nce of �ino� encroachment perwtts. Cl�ss 6: Inforwetlon Collection. Cl�ss 6 consists of basic ats co lec on, researc . experi�nental �anegd�ent and resource evaluetion actirtttes whlch do not result tn a serious o� aejor disturbence to an environmental resource. these mey be for strictly lnforn�etion gathering purposes, or as part of a study leaAing to a� actio� rrhich a public agency has not yet approved, adopted. or funded. Class 7: Actions b Re ulato A cles for Protectlon of AafuraT Resources. ass cons sts o act ons ta en y regula- tory agenc es as authorized by state laM or local ordinance to assure the maintenance, restoration, or enhancenie�t of a natural resource where the regulatory process i�volves procedu►rs for protection of the environment. Examples include but are not 1lmited to Mildlife p►eservation actirities of tAe State Depart- ment of Fish and Game. Construction activities are not included in thls exemption. Class 8: Actions b Re ulato A cies for Protection of the n�v�ironment. ass cv�s�sts o act o�s ta en y regu atory agen— c�es�. as authorized by state or local ordinance. to assure the malntenance, restoratio�, enhancement. or protectio� of the environment xfiere the regulato�y process i�volves procedures for protection of the environment. Construction activities are �ot included in this exemption. C1ass 9: Ins ctions. Class 9 consists of actirities limiteG ent�reTy to inspect o�, to check for perfonrence of an opera- tio�. or 4uality� health, o� safety of a project, incluAing releted activities such as inspection for possible �nislabeling, misrepresentati�. or adulteratio� of products. Class 10• Lonns. Class 10 consists of loans �ade by the Depart- men— t�lleterans Affairs u�der the Yeterans Farm and Hone Purchase Act of 1943. mortgayes for the purchase of existing structures Mhe n the loan will not be used fo� newr construction and the pur- chase of such mortgages by finantial institutions. Class 10 in- cludes but ts not limited ta the follo++ing exanples: (1) Loans made by the pepartment of Yeterans Affairs under the Veterans Fa na a�d None Purchase Act of 1943; (2) Purchase of aq rtgages fron� banks anE aiortgage conpanies by the Public Enployees Rettreaent S�rstea+ and by the State Teachers Retirement System; Class 11: Accesso Structures. Class 11 consists of constrvc- �on, or placement o �n nor structures accessory� to (appu�tenant ta) existing commercial. industrial, or institutional facllities, including but not li�nited to: (1) On-pre+�tse signs; (2) S�all parking lots. -9- Resolutfon 77- 7 Cl�s : S lu 6ore t P rt Sales. Class 12 co�- s s s o sa es o su�p us �vernaen prope y except for par�els - ot l�nd laated 1� ao arca ot st�tewide lnterest or pote�+tlat area o� crttlal co�cetn as ldentifted �n the 6ovenro�'s En- ntra�en41 6oils and Po11tr fieport prepar+ed punwnt to 6overn- ,, wient Code Sections 650a1 et seq. HvMeve�, if the surplus property '' ta b� sotd is lou ted 1n tlwse areas identifled in the 6overnor's Environ+�enbl Goals �nd Poltcy Report, 1ts sale ts ex�e�pt if: (1� The property does not have stgnificant vslues for Mildlife � Mbttat or other enviroe�tat pur�poses. �nd (2) My of the followin9 conditions exist: (1) The prope�ty is of such si=e o� shape that it is lncapable oi indepenAent developaent or use, or (2) The proparty to De sold would qualify for an exenption uider any other clsss of categorical exe�ption in Arti- cle 8 of those yu1de11nes, or, (3) ?he use of the property and a Qjacent property has not than9ed sina the tia+e of purchase br the public agenc,y. Class 13: Ac uisition of Lands for Mildlife Conservatlon Pu ses. ass cons s s o t acquis t on o an s or s an wi e conservation purposes. includin� preservatio�+ of fish and Mildlife habitat, establishing ecologica reserves under Fish and Game Code Sectio� 1580. and prese�ving eccess to public lands and waters where the purpose of the acquisitio� is to preserve the land 1n its naturat condttion. Class 14: Minor Additions to Schools. Class 14 consists of m n�or aadit ons to ex sti�g sc oo s within exlstin9 schael grounds rfiere the adGition d�es not i�crease origi�al student capacity by more than twenty-five percent (25�} or five (5� classroo�ns, which- ever 1s less. The addition of portable classroonis is included 1n this exemption. Class 16: T�ansfer of Ow�ershio of Land in Order tv Create Parks. ass co�s sts o t acqu�sit on or sa e o an n or r to establish a park �rhere the la�d is in a �aturai condition or con- tains htstoric sites or archaeological sites and either: (1) The management plan for the park has not been prepared, or (2) The management ptan proposes to keep the area in a naturel condltion or preserve the historic or archaeological site. CEQA will apply rihen a irenagement plan is proposed that will change the area from its natural co�dition or significantly change the historic or archaeolo9ical site. Class 11: n S ce f.ontracts o� Easements. Class 17 consists o� t�sta s nt o agr cu ura preserves, the making and reneh+ing of open space contracts under the Nillia�nson Act, or the acceptance of easements or fee interests in order to �ain- tain the open space character of the area. The cancellatio� of such preserv�es, contracts, interests, or easenents is not in- cluded. Class 18: Desi ation of liilderness Areas. Class 18 co�sists o'�-3esignat on o M rness areas un r the California Milderness Systew. -10- Resol ut i 'o. 77- � ass �9 � (1) Mncxatlons to � N tr o� special distrlct of areas oon- tainln9 exlsting puD11c o� prlvate structures developed to the density a1loMed by the cun�ent toniny or pre-zoning , of elther the gaining o� losing govern�ental age�cy which- ever 1s �ore restrlctive. provided. howerer, that the ex- tension of utllity services W the existi�g fac111ties Mould •�; have a capacity to serve only the exlstlny fac11it1es; (2) M�+exatto�s of indlvidual s�na11 parcels of the �ini� size fo� fa�c111t1es exenpted by Class 3 Nex Cohstrvction of S�all Structurtis. Class 20: Chan s 1n 0 nlzatio� of local A 1es. Class 20 con— s�sts o anges n t e organizat o� or re-or9aniu tion of local governa�ental a9encies Mhere the changes do �ot change the geog�aphical area in wfilch prevlously existing powers are exer- cised. Ezaaples include Dut are not liwited to: (1) EstaDlishaient of a s�bs141ary dlstrtct; (2) Consoildation of two or anre dlst�icts having identical Pa+'e rs : (3) Merger wlth a city of a dfstrict lying entirely withl� the boundartes of the c1tr. (f) Se�sittve Laatton. My project of a�y class set out in Section 5(e) ahicfi is dis- cretionary with the Ctty of Palm Oesert shall not be exempt. and further� prorided that cateyo�ical exenptions of Section 5(e) aro qualifted by the co�side�ation of where the project is to be located. A project within any of said classes that is ordinarily insi9nificant in its impact on the environment may, in a particularly sensitive environme�t, be significant. The exemptlon of projects Nithin said classes shall apply ex- cept nhere the project may impact on an envl�ntal resource. or hatard or area of critical ca+cern as aray be hereafter de- signated. precisely mapped, and officially aAopted pursuant to 1 aw. (g) Cum�lative i�npacts. All exeeptions of Section 5(e) are further qualified to the exttnt that such exenptions are inapplicable where the cunu- lative inpact of successive projects of the sa�ne tppe in the sane place, over ti�e is significant. Sy aay of exaniple o�ly. an a�nual addition to �+ existing building under Class 1 uould re�ove such a project fro+n the Class 1 exenption. (h) Use of Previous EIR's. Under certatn circun�stances, previous EIR's eay be substituted entirely or in part for additional EIR's. (1) Previous EIR on Same_ Project. Ifiero an EIR has preriously een prepare , no a it ona repo�t need be prepared unless: (i) Substantial changes are proposed in the project whicfi Mill require �najor revisions of the environmental iin- pact report, due to the involvertent of new environnen W1 inpacts not considered in the original environmen W1 im- pact report; -11- Rrsolutian � �7- 7 "`y ,�:::�, �., (11) There �r+e substaetlal cMnges �ritA respect to the cl reuiata�as under wh1 ch the project i s to be under- taken. such �s • thange 1n the proposed locatlon of the project. rh1d� M111 requlre �etor revlslons i� the envlronwental t�npact report due to the i�volve- went of ne++ e�viro�nental 1�cts �ot covered in the ori91n�1 enrlron�nental i�npac rep�rt. (2� EIR on Siwilar_ �Pro_�ett. A single fIR �ey be ea�ployed to scr e aore a�i n one project. if such projects are es- senti�lly the sa�ne tn ter�ns of environ�entat t�ct. Further, an e�rlie� EIR preparcd in connectlo� with an earller project iaey be applied to a later project. if tAe clrcuastanas of ihe projects are esstntiallr the sa�e. The City a+ey elect to �+r1te EIR's in advana fo� entire progrs�a or regulatio�s, in orde� to be pre- pared for project epplications to cone. Ifienever it so chooses to utilize any of these alternatives, howeve�, it �nust find that the environnental effects of the pro- jects are similar enough to warrant the sane t►eat�nent end that the EIR Mill adequately cover the i�npacts of the project. If these tests are not �net, the City shall supple- ment the EIR it prepares fo� a program to applr it to an indivldual project. � (3) Use of e General Plan EIR with Subse�uent Projects. The EIR on a gener� p an may use as t ou�da- tlon docunent for EIR's subsequently prepared for spe- cific projects within the geographic area covered by the general plan. The subsequent EIR's mar reference and surmiarite material in the EIR on the general plan For the description of the 9e�eral environme+�tal 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 limlted to a description of the project, the specific environme�tal setting and those impacts vihich are not adequately described for the specific project in the E[R o� the general ptan. Nhen a subsequent EIR refen to an EIR on the general plan for part of its descrip- tion of the envirornnent and the environmental impacts. copies of the EIR on the general plan shall be made available to the public in a �urt�er of locations in the conmunity and to any clearinghouse �+hich will assist in public revic� of the EIR. The purpose of this section is not to restrict analysis of envirornner+tal issues but is to a wid the �ecessity for repeating detail from a General Plan EIR. (4) Redevelopment Pro3�t EIR. A11 public ar private activities or un rta ngs pursuant to or in furtherance of a redevelop- �nent plan tonstitute a sing]e project, which shall be deemeA approved at the time of adoptio� of the redevelopment plan by the legislative body. The EIR in connection Nith the redevelopiaent plan shall be submitted in accordance with Section 33352 of the California Health and SafetY Code. (i) Projects with No Possible Significant Effects My Droject which can be seen to have no posslbility of having a significant effect on the envlrornnent is exempt from the re- solutlon. -12- �S D11R i p�1 �0. T 0 SECTIa 6: Le�Q A�e++cy PrintiDle (�� ilespons1D111ty of thc_LND �Qe�+cy. Yne►e a projeti is to be cs or iODrove 3y �ore "ti,m a+e ;u�l1c �9�'^U�. ��y one puDltc s�'^�r sh�11 De respanstate �or Ue prewntion ot ln�t�+�l�n41 dutwents. and i t stil t D! 0or►! Dy tl�t Llad A¢�+q. S�M l�rtro��e++tat �cu�ents �rill Oe D�Kd t� tons�ttation �r1th all Iiespor+stDle A�cies. T1�e l�ad Ac,}Mc�r's M�►1+�o�e+�t�1 docu�ti shall De t.�e rnviro�nwrntal bctunenta- t1pR fOf �11 �SpORSS�I! �CMC1lS. N�l� dlS�¢►�tld •S • Arspo�SiDle Age�+cy, t�e City of Palw Desert shall consider only tAe tlg�ifiunt effetts o� i�+ose �ttivitits �icf� it ii rcQuinO br law to cirry out or avprove +�hiM a�e conLin�d tn ti�t tl�0 Aye+ity EIR or Heostire Detler�tion prtor to actino tipo� or at'�raving th! project � a�d t!+e ti �r sM11 certi ty t�at tlie OKiitOn-�eking bpd�r 1�as revi�ed and Considercd t�+e lntor- �tion tOeUSntd therein. Thc E;R arocess should De corNt�ed rlth the Dianning. ►eview. a�a v*�eJcct a�aroy�l process t�eine useE by tath Aespo++slble Agency. Tne le�� �aency ihall intlude the EiR as a part of re0ular prpjett rec�o�t whic�+ is used in the ezistt�g review anC budoetary �rocess. �lot n+ore tAa� one EIR shall De pnepaned in coimection Mith t►+e sen�r underlyt�q actiritr and tAat EIR s�all De preaared by the LeaC Agrncy. (b) Dest ation of Ltad b�. M�+ere the City af Pal�n Desert and anY o �ef puD c agency �s involveQ Mith e o�oject. the lead Agency s�all be 4eter+++ined Dy the follcs,ing; (1) If the project is to �e ta�ried out �y a public agency. the lead Agency shali be the pufllic aqency rA+Scf p�oposes to u rry out the projett. (2) If the project is to be carried out by a nor+-co�ernnr�tal ptna+, the Lead Age�cy shall be the public agencr Mith tAe greatest responsibility for supervisinq or approving tfie projett as a Nhole. (/) The lead Aaency will generally be the agency Nith general governme�tal powers rather than an agency Mith a single or limited purpose ahich is lnwlved br reason of the need to provide a public service or public utility to the project; t� such cases. the single or limiteQ purpose agenty wtil. upon re- quest, provide data concerning all aspects of its ectivities required to furnish service to the pro- ject to the a9ency drafting tfie E1R. and no separate EIR will De required in rega�d to such activities. (ii) When the City of Palm Desert has prezaned an area. the City will be the appropriate Lead Agency for any subsequent annezatian of the area and should preDare the requtred enrironmental documents at the tiae of the prezoning. The City shall cor►sult with the local agencr fo�nation conn,ission, and the E[R shall i�clude the co�ents of the lxal agency fornatio� commission. (3) ithere wore than one public agency eQually �eet the criterla set forth i� para9reph (2) above, the agency which is to att first on the project in question shall be the Lead Ayen- ty. follorri�g the principle that the environn�ental t�pact shoula be assessed as early as possible in gove►�nmental plannin9. (4) khere the provisions of subsections (1), (2). a�d (3) leave two o� more public agencies with a substanttal clai�a to �e the Lea� Agency, the puGlic agencles may by agreement desig- �ate which a9ency wi11 be the Lead Agency. M agreeaent �ay also proride for cooperative efforts by contract, jolnt exer- cise of powers. or si�nilar devices. IEesolucton qo. 77- � (6) MAere the City ot Palw Desert, as a Responslble �gency. �',� is c�lttd on to gr�nt an approv�l to� a project subject to CEQII for Mh1ch �nothe� publlc agency tias the �ppro- prt�te lead Agenc,�r� the City shall begln to �ct as the Le�d M,�ency when the previous LNd Agency d1A not pre- „ pare any environnienUl docu�ents for th� project and. ahen the statute of lt�ftatlons has expirei fo� a cTial- lenge to the actlon o� the appropriate lesd Agency. (6) In tl�e event that tht destgnation of a Lead Age�cy 1s in dlspute a�vn9 public a9encles� the C1tr of Palw Desert �ey sub�it the question to the Offlce of Planntng and Research. Mh1cfi sh�ll deslqnate the lead Agencr based on conslder�tions of the above prioritles. along xith consi- 4e n tion of the upacity of such agency to adequ�tely ful ft l l the r+equl re+�ents of CfQA. SE�TIa'1 I: I111t1i1 SLUd]/ (a) 1ni_t_ial Stu� Required. Except for projects or activities exenp r t prpv sions of this resolutton, p�io� to the approral by the City. or final approval by a duly autho�ized conrnisslon o� board of said City, of aay project or activity, the Dlrector of Enrironmental Se�vices shall �neke or cause to be niede an Inittal Study of such project or activity for the purpose of detenrtining whether such project or activity � have a signigicant inpact or+ the enriro�n�t. All phases of project plannin9, inplementatlon, and operation must De co�- sidered in the Initlal Study. M Initial Studr prepared pur- suant to MEPA �ney be accepted tf approved by tAe Director of fnvironmental Services. (b) Project_ F111ng Date. I� those cases where the City of Paln� se . un � ts existing ordina�ces and regulations, must act upon a proposed project which is fou�d to be subject to the provtsions of this resolutien within a certain spccified period of time frvm the date of receipt of such application or such project otherwise becomes a utonatically approred br operation of law, the application shall not be deemed received for filing until such time as any envi�ntal documentation required pun uant to this resolution has been completed. (c) E�viro�mental Inforrtstion, All Negative Oeclarations, EIR's, o ces o omp et on. and Notices of Oeterminatio� shall be prepared directly by or unde� contract to the City of Palm Desert. However, the Ctty may require the persor+ to supply data a�d infonretion, both to determine whether the project �ay have a significant effect on the environment or to assist in the preparation of an fIR or Negative Decla retio� by the City. This information nay be submitted in the for�n of a Draft EIR if the City so desires. If info►�ation is provided in the fon� of a Oraft EIR or Negative Declaration, the City mey not use the doc uaent as its own Mithout inAependent evalua- tion and analysis. The Draft EIR or Negative Declaration which is sent out fo� public review must reflett the independeat judg- inent of the City of Pal�n Desert. To ensure technical accuracy, consultants retained by the project sponsor to pirovide environ- mental infonnation shall be approved by the Director of Environ- Mental Servlces prior to the initiation of data collection. (d) Contcnts of Initia) Study. An Initial Study shall contain in r e onu: (1) a description of the project; 2) an identification of the envtronmental setting; 3 an ldent�ficatlon of the envlro�mental effects; 4� a discussion of ways to witigate the slgnificant effects identified, if any; (5) an exa�inatlo� of whether the project is conpatible with existing zoning and general plans; (6) the nane of the perso�(s) who prepared or partitipated in the Inttlal Study. _��_ Resoluclon No, n- 7 �se Th� Tnit1�1 Study shall pe used to provide a�itte� (e) Pa�Esn�nation of �Aiether a Negattve Declawtlon o� an EIR shall be pnpared fo� a pro�ect. Nhere a project fs re�lsed 1n re- spons� to in Initial Stud�r so that potenti�l adrene effects �re wttt�ted W a potnt �A�ere no signifiunt envir+onNental etfects aould octnr. a Neg�tive Declaration sha11 be pn- p�ned. If the projett Mould stfil result 1n one or �or�e signittunt �tfects on the envlron�nent after �it/qatio� �easuret are aQded. �n EIR shall be prepar�ed. In such cases. the EIR shatt e�phasite stuq�r of the inpacts 8eten�lned to be signific�et and un owlt fu►�ther exa�ninatioe of those i�npacts fovid to be tlearlr lnsignificant in the Initial Study. (t) Consideratlon of S1 itiunt Effect. In reviewing the Initial t r o • pro ec or act tr, re shall be considered Doth pMa�ryr and seoondary consequences. Primery oonsequenas are iwaediately related to the project (�oise and odo� of a sewage treat�ent plant), rhtle secondary conseque�ces reflect external lapacts of the project (adGitio�al populatio� qroKth facilitated by the treataient plant). The detenrtinatio� of whethe� a project aieY have a signlficant effect o� the environ�ent shall be based, so far as prectical. o� scientific and factual data. Such con- sideration shall include. but not be lin�ited to, NhetAer the con- sequences of a project n►ight: (1) Conflict with adopted environn�ental plans and goals adopted in the fon� of policy, resolution, or ordinance by the City Councll of the City of Palm Desert; (2) Have a substantial. dem�nstrable �egative aesthettc effect; (3� Substantlallr affect a fare of endangered species of anin�al o� plant or the habitat of the species: (4) Interfe►e substantiaily Mfth the ncve�nent of a�y resident or migratory fish or wilGlife species; (5) Breach published national. state, or local standards relating to solid waste ar litter control; (6) Substantially degrade water Quality; (7} Substantially degrade o� deplete ground water resources; (8) Contaminate a public wate� supply; (9) Interfere substantially Mith ground v�ater recharge; (10) Dlsrupt o� alte� an archaeological site, an historic site, or a paleontological site, except as part of a scientific stuqy of the site; (11) Induce substantial growth or conoentretion of population; (12) Cauu an increase in treffic rfiich is substantial in rela- tion to the exlsting traffit load and tapacity of the street systew: (13) M splace a large nunber of people fron� an established resi- dential area; (14) Results in the excessive or wasteful use of non-reneMable ener�► suppl ies; (15) Exceeds adopted anbient noise level guidelines; (16) Cause substantial flooding. erosion. or slltation; (17) Expose people o� st�uctuces to geolo9lc hazards: (18) SuDstantially di�nlnish habltat for fish, wildlife. or plants; -15- Resolution �-• 77• 7 � � � � ; s � � , i Y 3 "r � (19) Creat� a pu�11c health h�z� M or a potentl�l pubt�c hs�atth MraM; {20) Oa+fllct wlth estabilsheA recreation�l, educatlonal. re- 1lgious. o� scientiflc uses of the �rea; {21) Vi0late any a�blent air quality standerd, coetrlbut.� sub- sUntlallr to �n existing or por�ected a1r quality �iolatton, o� e�ose sensttive receptors or suistantlal potlutant con- centntlons; (22) The project h�s the potential to degr�ade the quallty of the environ�ent. subst�ntlallr reduce the habltat of a plant or wildlite spectes. cause a plant or Kildlife population to drop below utf-sustaining levels. th�aten to ellnrinate a plant or ant�nel coMav+ity, reduce the �un+ber o� restrict the range of a rare or endangered plant or a�ia�al. o� eli- wlnate inportant ezaeples of the �ajor perloQs of California history or pre-history: (23) Tht project has the pote�tial to achieve short-term environ- a�tal goals to the disadvantage of long-ter�n environmental goals; (24) The project has possible environmentai effects which are i�- dlvidually lin�ited but umulatively ooasiderable. Cuniulatively constderable mea�s that the increnental effects of an indivi- duel project are co�siderable whe� vie++ed in connection Mith the effects of past projects. the effects of other current projects. and thc effects of probable future projects. (25) The enrironmental effects of a project wili cause substantial adverse effects o� h�en beings. either directly or indirect- ly. . (g) Mandato Flndin of Si ificance. In every case Mhere any of t con ons set out n tems . 23. 24, or 25 of para9raph (f) above are found to exist as a result of a project, the pro- ject w111 be found to have a significant effect on the environ- ment. If any aspects of a project, either individually or cun►u- latively. mey cayse a significa�t effect on the enviro�met+t, re- 9ardless of wfiether the overall effect of the project is adverse or beneficial, then an EIR +nust be prepared. An EIR should be prepared whe� there is serlous public co�troversY to�cerning the e�vironaental effect of a project. (h) Decision on Initlal Study. The decision on the Inittal Study s�a e t e res�ity of the Director of Environeental Serv1 ces. SECTIOM 8: Ntqative Declaration (a) _Re_ gu_i�re_��e�nt. In all cases Mhere an Initial Study has beoo�e �naT. and such decision is that a project will not haMe a significant effect on the e�virona�t, a Megative Declaratlon shall be prepa►ed by the Director of Environa+e�+tal Services. Before oo�aipleting a Negative Declaretion, the Director of Environmental Services shall consult with all Responsible Agencies. (b) Contents. A Negative Declaration shall include: (1) a brief description of the project, including a conno�ly used na�ee for the project, if any; (2) the loution of the project; (3) the naee ot the project proponent: •16- Resolucion No �7- 7 (4) � t1�d1n9 tlwt the project M111 not have a stgnificant efhct orti the envlr�on�ent; ;� (S� an �ttached copy ot tht Initial Study docuMenting reasons to support tht ti�dings; (6) wltiq�tlon �easures. if any. inciuded 1e the pro�ect to avoid potanti�ily signiflunt effects. (c) Pub11c Motice. A oopy ot the Negative Declaratton shall be y ven e appropriata declsion-�aking Dody prio� to rerle�r of the project. to �11 organizations and indivl4uals �ho haMe previously requested such rqtite �nd shall �lso be given Dy •t lerst one of the following ways; (1) pub11ut1a► st least onu in a newspape� of ger►eral circu- l�tion in Palw Desert; (2j posting notl as on and off-stte in the area where the pro- ject ts to be located; (3) direct �aeiling to owners pf propertY within three hun8red feet (300') of the boundary of the project site. Sa14 nottce shall be provided not less than ter► (10) days prior to the revie�v of the project by the City. (d) Notice of Detennination. After meking a decision to carr�r out or approve a pro ect o� which a Megative Decla�ation has been prepared. the Director of Enviro�mental Services shall ffle a Notice of Determi�ation, with an attached copy of the Negative Oeclaratton. in the office of the County Clerk of Rive nide County. Filing of the Notice of Dete►mi�ation starts a thirty (30) day statute of lfmitations on court challenges to the ap- proval under CEQA. The Motice of Dete neinatio� shall also in- clude: (1) the decision of tfie City to approve the project: (2) the determinatton of the City that the proJect Nill not have a significant effect o� the environa�ent. and; (3) a staten�ent that r►o EIR has bee� prepared pursuant to the provisions of CEQA. SECTIOM 9: A�peal_ of [M tial Stud� Oecisio�. (a) eals. My person, o� Dersons. individually or jointly, may appea the decision of the Director of Environmental Services on the Initial Study. Said decision shall be final eight (8) days frorti and including the date of public notificatia� of the Negative Declaration or the decision to prepare an EIR. unless p�io� to the expiratlon thereof, a writte� appeal is filed Mith the Oirector of Environmental Services setting forth the grounds of appeal. The required fee as specified by City Resolution shall be pald be appellants at the tinie of filing. If aare thart one appellant. the said fee shall be appartioned and a pro rata share collected f�on� each appellant. (b) eal Hearin . Nithin thi:ty (30� days, but not less than ten ays raa the filing of a prope� appeal of the decision on the Initial Study. the City Council shall hold one (1) Public Hearing thereon and notice thereof shall be Qiven bv Rosting 1n accordance Mith the adopted City Resolution and by publication at least once 1n a newspaper of 9eneral circulatlon in the City of Paln� Desert, at least ten (10) days prior to said hearing. -17- Resolutton No. T7- � (c) Fon� ot 11pp��1 Notice. Pu�lit ratices of heartngs for appe�ls o s on on �n lnittal Studr shall coeslst of the words� "Notfoe ot Ile�rin9 to Detensine Mhethe� ae Envtrnewental I�pact Repo�t Sh��1 Be Re9��r'�d' �nd shall set forth the location of the P��ty. the n+ture of the proposed activity. and the tiine •nd plue for the hea�tng. (d) Decision of al. The Citr Council shall either grant o� a`eny appea and shall �nnounce its decision by resolu- tion Nithtn ten (10) days following the closing of the hearing. The Director of Enrlron�ental Se�vlces sha11 give xritten na tice ot satd decision to tAe appeltent(s) as soo� as possible �t the addrets shoNn on the appeal. The declston of the C1ty Council �enting or denying the appeal shall De t1na1 and ef- tecttve i�edlately. In the event an EIR is requtred to pe prepared as a r+esult of en appeal, the draft and fSnal EIR shall confor� to all require�e�ts of this resolution. SECTION 10: Envlron�nental Impact Report (a) Public Nottce of EIR Pre aratlo�. In any case Mt►ere an EIR is o e prepare . e t er as e result of an Initial Studr or the dectsion on an appeal of an i�itial Study. the Oirecto� of En- vironmental Services shall give written notice to all o�ganiza- tions and tndivlduals related to tt+e project or Mho have pre- riously requested such �otice and shall cause to De glren in one of the methods outlined in Section 8(cj of this resolution, a notice that such a reRort is in process of preparatio�. Said notice shall contain the �rords. "Notice of Preparation of an Enviromnental Impact Report" a�d shall proride: (1) a gene�a) description af the proposed project; (2) the general locatio� of tfie project, and; (3) the �ame. address, and telepfione �unber for a meniber of the City staff designated to receive corm�ents. � (b) Pre aration of Draft EIR. The City of Palm Desert shall pre- � pare a ra t an s a i certify to the compieteness of a final EIR on any discretionary project it intends to carrp � out or approve which may have a significant effect on the environment. 8efore completi�g a draft EIR, the City shall ` contult with all Responsible Agencies. In addition. the � City shall also consult directly Mith any person or organi- zation it believes will be concerned Nith the envirom�ental s effects of the project. ; (c) S onsor to Furnish Information. A�y applicant for any project or ac v ty s �ec to t e provisions of this resolution shall furnish to the Director of Environmental Services a written stateme�t of information, as requested by the Oirector of En- virannental Services. cove�ing 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 �ota- tions for all reference material and statistics used therein, as �+�ell as the perso�s who prepared the statement. The Direc- tor of Enviromnental Services shall designate fron� a 11st of independent consultants those acceptable for the preparation of such info�ation and shall prescribe the fora� ia which the enriron�m tal info�ation shall be submitted. However. if any or all of the lnfonration furnished is a"trade secret' as de- flned in Gove►nn�ent Code. Section 6254.7, and so specified by the sub�nitttng party. it shall not be included in the EIR or othen+ise dlsclosed by the public agency. Nothing herei� shall preclude the submittal of the factuat staten�ent in the fo►�n of a dreft EtR. Such subniittal shall not relieve the City from reviewing said draft and complying with all other provisions of this resolution. The factual info n�tion required to be sub�itted to the Oirector of Enviro�mental Se�rices may be requlred in addition to a�y informatfon furnished to tfie City r- •. -18- Resol uti on No. T7 ' �*' �= "°�`.� — �:�. , . . ; -_- �;:�_`_ ,; ot Pai• Oesert •t required �y anr other or0lnance o� resolu- tto� ot a� ctt,p. (d) Cait�nts of Onf't EIR. In general, the inforwntton contained n�n s suftttient to perwit full assesswent of slgnittcant enviromnental t�pacts by rev�ewing �gencies and we+��tn of the pubitc. The E1R sha11 reference all dotuaents used tn 1ts preps�atto�. lnctuding Ml�ere posslble. a tttatlo� to the p�9c and sectton nuaber of any technical reports which were used as the basts for any statenitnts 1n the E1R. The EIR should Oiscuss envlror�ental effects in proportion to thelr seMerity and probabillty of otcurrenu. Effats dis�issed 1n sn In1t1s1 StuOr �s cleariy 1nslgnificant a�d unlikel� to oc- cur need �ot be dfstussed further in the EIR u�less the Lead Ayencr subsequently receives information inconststent with the fiRding ie the Init1�1 Study. A copy of the Initial Study shall bt atteched to the EIR to provide the basis for li�ltin9 the tmpacts discussed. Each draft EIR shall also contain the fol- lowtng spetiftc infor�natio� elen�ents: (1) 11t1e Page (1f prepa�ed as a separate docun�ent); (2) Table of Conte�ts I3) Oescrlptio� of the Droject, tncluding: (i) the preclse location and bounAa�ies of ihe proposed project sfwwn on a detailed nwp. preferable topo- graphtc. The location of the project shall also appear o� a regional map; (ii) a stateme�t of the objectives sought by the pro- posed croject; (111) a general descriptio� of the project's economic, tech�ical. and envirornnental characteristics. conside�ing the printipal engineering proposats and suppo�ting public serrice facilities. (4) Effects Not Found to be Signifitant. B�iefly indicate the reasons that various aspects of a project nere detern+ined not to be signiiicant and viere therefore not discussed in deteil in the EIR. Such a state+nent may be contained in an attached copy of the Initial Study. (5) Description of the Envi�ornnental Settin9. This section must intlude a description of natural and man-made environ- ment on the site and in the vicinity of the project, from both a local a�d regional perspective. Special emphasis shoul4 be placed on environmental resources that are �are or unique to the regioo. Specific reference to related projects, both public and privdte, both existent a�d plan- ned. in tt►e region should also be included, for purposes of exami�ing the possible cunulative impact of the project. (6} Slgnificant Environmental Effects of the Project. Describe the direct and indirect significant effects of the project on. the envirornnent, giving due co�side�atio� to both the short-ter� and long-ter�n effects. This part shall also in- clude relerant specifics of the area. the resources i�- volred. physical thanges, alterations to ecological sys- te�ns and thanges induced 1n population dist�ibution, popu- lation co�centration. land use, and other aspects of the resources base such as r+ater, sce�ic quality, and public services. Cunulatire effects shall also be discussed when found to be significant. _ig_ Resolution No. 77� , (7) Si�ittunt Ennlroriwental Effects f�ich Gnnot 8e Awlded If the Proposal 1s I�plesented, pescribe any significant adverse 1�pacts, lncludlny those wAich un N reduced to an /nstynitlunt level but not elt�inated. Hhere there are f�pacts thit unnot be alleriated without taposing •� aiternattve des/gn, thetr i�pllcattons and the reasons �+hy the project 1s being proposed� notxitfistanding thelr effect, should be described. Oesc�lbe siynificant t�npacts o� �ny aesthet1u11y v�lwble surroundin9s or o� hu�nan he� 1 th. (8) Mitigatio� Measu�s Proposed ta Mtnl�i:e Signiflcant Ef- fects. Describe signifiunt. av�oidable� adverse i�pacts, including inefficient and unnecessaryr consueptto� of ►vater and enerq�r, and the measures to wini�nire these i�pacts. The dlscussio� of �aitigatio� iaeasures shail distinguish bet�een the �easures whicl� are proposed by project propo- nents ta be included 1n the project and other wieasures that are not tncluded, but could reaso�abl be e,cpected to reduce advrrse impacts. This discussion shall include an identification of the acceptable levels to Mhich such inpacts will be reduced and the basis upon rfi ich such levels are identified. Nhere several measures are avail- able to mltigate a� in�pact, each should be discussed and the basis for selecti�g a particutar measure should be i- deetified, (9j Alternatives to the Proposed Action. DescriDe all reason- abte alternatives to the project. or to the location of the project. ahich could feasibly attain the basic objec- tives of the project, and rrhy they were rejected in fawr of the ultirt�ate choic.e. The specific alternative of "no project" must also be eraluated. along with the inpact. The discussio� 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 Relationthip Between Local Sho�t-Tern+ Uses of Man's Envirormie�t a�d the N4aintenance and Enhancert+ent of Long- ierm Productivity. Describe the cumulative and long-tern+ effects of the proposed project which adversely affect the state of the enviro�ment. Desc�ibe impacts which nar- row the range of be�eficial uses of the e�rironment or pose long-term risks to health or safety. In addition, the rea- sons �rhy the proposed project is believed by the sponsor to be justified norr, rather than reserring an optio� for further alternatives, should be explai�ed, (11) Sfgnlficant Irreversible Enviro�miental Changes Which Would be Involved in the Proposed Action Should it be Implemented. Uses of non-rene�rable resources during the Initial a�d con- ti�ued phases of the project may be irreversible since a large commitment of such resources makes removal o� non-use thereafter unlikely. Qri�eryr and secondary impacts (such as a highnay irtprovement ►fiich provides access to a no�- accessible area) generally commit future generations to si�nilar uses. Also irreversible damage resulting from enviro�nental accidents associated with the Droject. Ir- retrierable connrit.ments of resources should be evaluated to assure that such current cons urptio� is justified. (12) The discussion of the relatio�shlp betwee� local short- tene uses and iong-term produciivity and the discussion of significant enriro�n�ental changes which would be in- volvpd if tF►e proposed action were implen�ented may be deltte� fran all EIR's except those prepared 1n connection Mith the toliowlag acttvlties: -20- Resolutton No. Tt- 7 (2) M�en • sta9ed EIR A�s been prepared. � supple�ee�t to the EIR sAell be prepared when a t�ter �pproval is requtred to� the pro�ect, �nd the lnto►�etion ara11- ablt at tAe tt�e of the l�ter �pproral aould pen�it consideratto� of additlonal enriran�ental i�pacts. witlq�tton �e�sures. o� re�soneble altenutives to the project. (3) Mhere a st�tute such as the Ha►�en-Alquist Energy Resouraes Ca�servatlon and develop�ent Act provides th�t a speclflc agency shall be the Lead Agency for a project and requlres the Lead Agency to prepare an EIR. a Rcsponsible Agenq which �ust g�ant an approral for the project before the lead Agency has co�pleted the EIR inay pr�epare anA consi0er a staged EIR, (h) lnco o�atton b Reference. An fIR �ay inco►porate by refere�►ce a or part o anot er ocun�ent which is a niatter of public re- cord or 1s yenenllr ara/lable to the publlc. The incorporated language sha11 be tonstdered to be set forth in full as part of the text of the E1R. khere part of another document 1s incorporated by reference, such other docwnent shall be ma0e arailable to the public for inspection at a public place or public building. The EIR shall state where the incorporated documents Mill be avail- able for inspectio�. At a minimum. the inco►parated document shall be �nade availabie to the pubiSc in an office of the Lead Agency in the county �rhere the project would be carried out or in o�e or more public builGin9s such as countr offices, or public libraries if the Lead Agency does not have an offtce in the County. Where an EIR uses lncorporatto� by reference, the incorporated part of the referenceA document shall be b�iefly summa�i2eG ►+here posslble or briefly described if the data or inforn�ation cannot be summeri2ed. The relationship between the incorpora- ted part of the referenced documertt anA the EIR shall be des- t�ibed. (i) Co�sultation and Coimient o� Draft EIR. Upon conpletlon of a raft I. t e ty s a consu t with a�d obtain conments from any public agency whicfi has jurisdiction by law with res- pect to the pro3ect and may co�sult with a�y person who has special expertise v+ith ►espect to any environmental iapact in- volved. To facllitate pub]ic comnent, the City shall furnish copies of draft fIR's (far which it is the tead Agency) to local public library systems to ensure that atl appropriate agencies and publi� 9roups are contacted, The Oirecta� of En- vironmental Serrices shall maintain (and revise from time to time) a list of public a9e�cies, private and public utilities, concerned public individuals. and organizations, and other such persons of qualified tech�ical k�oxled9e to be used as a gutde for the distribution of draft fIR's. All comments received shall be reviewed by the Oirector of Environmental Servtces. The connents and staff responses shall be incor- porated i� the final EIR. My draft E[R's received by the City. o� any of its authorized boards or commissions, for re- view and conn�ent shall be t�ansmitted to the Oirecto� of Environ- me�tal Serrtces nhv shall cause to be prepared a staff report on the subject doc unent. Said staff report should focus on the sufficiency of the EIR in discussing probable impacts upon the enrirornnent. �nitigation of adrerse effects. and alternatives to the project. Conaents returned should provide the naae of a contact penon who is available for later consultation should this prove necessary. -22- Resciutlan No. T7- 7 (j) Rev1e++ Perlod to� Dnit EIR. My dr�tt EIR pr�ep�red D or on o r o �� rt sAall De funitshed •t lerst torty-ftve (�t5) bys prior to Anr Publfc Nearing Aeld to con- sidt� s�1d dntt E[R. In the event no coweent or response con- cerntng the draft EIR 1s receired by the C1ty of Pal� Desert, it shall be assu�ed. abse�t a specific request fo� an extension, that suth publit �gency or person tonsulted has nv to�ent to �ke. The ti�e wlthin whlch a response �ay De �ade by the Offlce of Intergoyen�ental lqnayeeient shall be goven�ed by 6ove►rn�ent Code Section 12037. (k) SuDdi_rlstons - Spect_al_ Rer/eM Provistons. (iotwlthstandfng any- ng contrary n s res+Tt�pn� uppn the filing of a tentative subAirtslon inap. as proMlded in Secttan 1155Q of the Glifornla Busir.ess and Professtons Code, the Planning Co�nntssio� or City Countil Mey subMit the tentative �nap to the Offfce of in- terg�vern�ental Menagen�ent pursuant to Section 12037 of the Cali- fornf� 6overnment Code and rtquest an evaluation of the envlron- n�ental lnpact of the propose4 suDdivisio�. lf the subdivisio� in questlon is a land project, as defined by Section 11005 of the Business and Professions Code, such submission shalt be required prior to the approral of the nrep. (1) Review of Draft ElR b State A ncies. EIR's and Megative Declara- t ons to rer e++e y state agenc es shall be subn�itted to the State Clearin9house. 1400 Tenth Street, Sacramento. Californta 9581�. The folloMing environmental documents shall be sub�nitted to the State Clearinghouse for review: (1) Draft EIR's and Negative peclarations prepared by the Citr of Palm Desert Nhere a state agency is a ResDonsiDle Agency or otherwlse has ju�isdictio� br laN wlth respect to the project; (2) Draft EIS's and Negattve Declaratia+s prepared pursuant to NEPA. the Federal Guidell�es. o� Pa�ts I and TI of the Office of Management end Budget Circular A-95; (3) EIR's prepared for general pla�s, elements, and mnendments thereto. (m) Filinq of Notice of letian. As soon as the draft EIR is conp— eT ted. a Roti�ce o� omp etion must be filed wlth the Secre- tary for Resources. The notice shall include a brief descrip- tion of the project, its proposed location, an address rfiere copies of the EIR are available. and the pe�ioE during which cannents will be received. IThere the EIR will be reviewed throuqh the state reviea process. handled by the State ClearinghousE, the cover fo�^+n required br the State Clearinghouse will serve as the Notice of Conpletio�, and no Notice of Conpletion need be sent to tht Resources Agencr. The tlotice of Canpletion shall also be sent to all o�ganizatio�s and indivld,als who have Dre- riously requestM such notice. (n) Notice of Co�tnents to onsor of Pro'ect. Project sponsors shall e urn s cop es o any comments receiMed from any local agen- cy, public agency, �aertber of the general public, as we11 as from any other person who was consulted i� cormection with the project, and copies of aoy response by the City to such conn�ents. Cam,e+�ts received through the consultation process shall be kept o� file tn the office of the DeparUnent of Enriromnental Services and arailable for public inspection for a period of ninety (90) days. My con�entt received independently of the draft EIR review pro- cass shail also be considered and kept on file fo� ninety (90) c:a�rs and available for public inspection. Said nlnety (90) day perlod shall coMn�ence on the date of f1na1 action on the EIR by the City. �, <;,:: ., �, F:-�:t��. ��,� ; ,�;�- ��'r ; Resol uN o� No. T 1�_. to) Final EIR. w �ntn c�trty (�o) a�n after receipt of ca�nents r+o'i�`w aTT—puplit �genctes h�ring jur/sdfction by lar, or frow •11 persoes o� age�cies which have been consulted. a final EIR shatl be prep�red �y the C1ty for PuDlit Heartn4. ?he final EIR sMtl cons/st of: (1) the draft EIR; (2) cow�ents �nd r�ecawendatio�s recelved on the draft EIR; (3) � 11st of persons. orga�itations, and publlc agenctes co�nent/ng on the draft EIR; (4) the respo�ses of tl�e Lead Agency to signiflcant envl�onR+entel points raised in the revie►r and con- sultation Drocess. (pj Fkafinvon Final EIR. In all ca5es Mhere a flnai EIR is filed w�� ne vianning wninisstai or the C1ty Council as a part of an applicatfon for approval of a project, and such application by rrasoh of any other resolution or ordinance requires a Public Hearl�g end notice thereof by the Ptanning Cortniission or City Council. said commtsston or cou�cii shall give �otice of and consider the EIR as a part of such hearing. All hearings re- quired to be hetd before the Citr Cauncil by the provisions of this resolutio� shall be set by the City Cterk. vfiile hearings Defore the Planning Commisstor► shall be 5et by the Secretary of the commission. Motfce of said hearings shall set forth the location of the project a�d the nature of the action u�der conslderation. as weli as the date. time. a�d place. Any hearing held by tfie City Cou�cit solely by reason of the provisions of this resolution shatl be a hearing de no w and all interested persons may appear and prese�t evidence. If, for nny reason. testimony on anr rtntter set for publit hearing cannot be compteted on the day set for such hearing, the presiding offScer at such hearfng may. before the adJourn- ment or recess thereof� publicly an�ounce the time and place to. end at vihich. said hearing will be contfnuEd and no further notice shatl be required. Motice of the decision of the hearing on anr finel EIR shatl be gfven, by either the City Clerk or the Secretary of the Planning Commission, at the earliest possi- ble date folloaing the Aearing. The action by the City Council on any appllcation or reconn+endation or other entitien�ent of use shali be finel and tonclusire. (q) Filtn of Final EIR and Co ies. Upon conpletion of the finat . t s i y t i►ector of Environmental Services as follox�: (1) Mith the Planaing Conniisslon in all cases where the Planning Commission has tansidered or is required or authorized, by State lan or local resolution or ordinance, to consider the projett or any part thereof. (2) liith the City Council in alt w ses in which the Planning Coa�nisslon has nat o� is not required or authorized bY state statute o� locai resolution or erdinance to consi- der the pro3Kt or any part thereof. (3j A copy of the EIR shall be placed on fiTe with Lhe City Cle►�k anG available for public inspection for a period of at least ninety (90) days after the date of final actien on tl+e EIR by the City of Palm Desert. (r) F1nat EIR- Consideration b Lead Aoenc . In all cases where ann ng ss an. y unc , or any other du1Y autho- �1itd boarJ or connrlssio� considers a� EIR, it shall certify that the fi�al EIR has been conpleteG in cortQliance with CEQA, the state 9uidelines. dnd the p�ovisions of this resolution and that the decision-�aking t�ody having final approval au- thoritr ove� tl►e pro3ect has reriewed and considered the in- Resolutioe No. 77- 7 � fon�tlon c.ont�ined 1n the EtR p�1or to the approwl of the � pro,iect. � ; (s) Cost t Co 1�s. Coptes ot a dnft or final EIR �y De obUined ; row e y leMc upon pa�r�ent of a fee not to cxceed the ac- ' twl cost ot reproductng that copy: Provlded. hoMeye�, one copy j ot the dnf't EIR and all co�ents and responses in connectlo� there�A th� and one copy of the final E1R furnisheE to a pro�ect � spo�so� ar� eze�pt frow ulA charge. : (t) Notice of DetenRin�tion. After �pproring a project for which an as prepareG. the Lead Ag�ency shall f11e a Motice of DeteniNn�tio�. Such notice shall include; (1) an identlfiution of the project by its co�n na�e Mhere posslble; (2) the declsion of the Lead Agency to approvp o� carry out the DroJ�t: (3) the deterwtnatio� of the Lead AgencY whether tht project in its approved fone will have a significant effect o� the enviro�aent; (4) ,a brief statenent of the mitigation measures nhich Nere adopted by the Lead Agency to reduce the impacts of the approved project; (5) e statement that an EIR was prepared pursuant to the pro- vislons of CEQA and was ce�tified as cortplete and considered prior to the approval of the project. The Notice of Oeterminatto� shall be filed with the RSverside County Clerk. If the project requires discretionary approval from a state agency. tl�e notice shall also be filed Mith the Secretary for Resources. (u) EIR as Part of P%ject Report. A draft or fiaal EIR a+ay be prepared as a separate ocument or as part of a project report. If prepared as part of a project report. it must still contain fn o�e separate and distinguishable section. the element re- quired by this resolution. (v) �findin, �s: The City shall not approve or ca�ry out a pro3ect of r wh�ch an EIR has been completed wfiicfi identifies one or more significant effects of the project unless the City makes one or more of the followi�g writte� findings, supported by sibstantial evidence in the record, fo� each of those signifi- cant effects, accompanied by a statement of the facts supporting each finding: (1) Changes or alterations hav�e been required in, or incorporated into, the project which mitigate or avoid the significant envlrornnental effects thereof as identified in the final EIR. (2) Mitiqation measures are aithin the responsibility and juris- diction of another p�lic agency and not the City of Palm Desert. Suth changes have been adopted by such other agen- cy o� can and should be adopted by such other agency. (This finding shall not be made if the City of Palm Desert has concurrent jurisd'.ction with the other agency to deal with identified feasible �itlgatlo� measures or alterna- tives. (3) Specific econanic, social. or other considerations make in- festlble the �aitigation measures or project alternatives ldentlfled 1n the final EIR. : ��, ,2�;•; ;�" _�s_ Resolutivn No. 7J- T SECTidI 11: InterpKtatton - Co�fltct ot Prorlsions. In interpr�etln� �nd apptying tAe prorisions of this resolutlon. they sh�ll be held to be the w1n1� requtre�ents fo� tf►� pro- ■ctian of the public hcaith. safety. co�fort, C0�11IMiMC! a�d generol Metfare. it is intendM by chis rosolution to requtre that 1n thost �tten 1n whtch •n envlrorn�e�ta1 iepact report is filed, �nd rhere the Plannin� Ca�etssto� and City Council hold Pubtic Ha rings. the requlre�ents of all other nsotutions and ordinances of tAe Ctty of Pal� Desert governing those actio�s or projects sub- ject to the provisions of thls resolution which are inconslste�t here�rith. are to that extent superseAed. SECT� ?: Severabillty of Provlsio�s. If any sectio�. subsectlon. sentence. clause or phrast of this resolution is, for any reason. held to be invalld or unconstitu- tional. such invalidity or unconstitutionality shall not affect the validity or constitutionality of the rerreining portlons of thls resolution. it being expressly declared that this reso- lution and each sectton. subsection, sentence, clause and phrase hereof would have been prepared, proposeA, adopted, approved and ratlfied i n�espective of the fact that any o�e o� more other sections. subsections. sentences, clauses or phrases be declared invalid or unconstitutio�al. SECTIQI 13• Fees. The Dircctor of Enviro�aientai Services is authori2ed to coliect any and all fees established by resolution of the City of Pal�n Desert whlch pertain to the iaiplementatio� of this resolution. PASSED. APPROYED. and ADOPTEO at a regular aeeting of the City Council of the City of Pslw Dese�t, Callfornia. held on this IOth day of Februa�y , 1977. by the following vott. to wit: ArES: McPherson, Mullins. Newbrander. Seidler 6 Brush fiOES: None ABSQIT: None ABSTAIk: tbne � ( 1 0 0 t � � t -26- ...•r,•. r.� .. . . - . ...,.� � d� �.,.. .. .�:..f1 I . � � -; * �. r �#. �%%�� : a• t �� f�a �'-� ti� �..�� *��t�x �s. ] ' fs"�! � �'. � �Pa : � '+ ' . r . ",�iL : �'r �,�.;• ��' �I�a�i,, A •' ��' �� gJ .. �'"� x d '�`�+r' �. zdr t ': q -�a . F�r� 4'�'� f+ � j • , ,'� 1� � ; r .. k��. ; e ` F':; �..t �" •,� � 'r�, .a• �, '�:v, �f�x yy,• r �si s�` � t �;t Y�: i:+:� `s'�',;1 �. . ,`� K: , • � � � ;i�r�: '�; 'i` � ..4 � � �: ' i:,.���•: �':;�. ,.�_,,' . a� ,�,�' k . , � r.: ..;;�. � ,�/ �''�'• ..�. . �`! �'d,- � � ` .. ?Y" : ;����.�•a{ A: � , qP��� .i� ..:��... . � e'..1,.(.i3 , ,.af. �' . S.. 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