HomeMy WebLinkAboutCC RES 78-032RESOLUTION Iv'0 . 78- 32
A RESOLUTION OF THE CITY OF PALh7 DESERT, CALI-
FORNIA, ESTABLISHING PROCEDURES TO I�t4PLE;t1ENT
THE ENVIRONbZENTAL C�UALITY ACT OF 1970.
�tiH�REAS, Public Resources Code Seciions 21083 and 21087 �rants
— authority to the Secretary for Resources to prescribe re�ulations to
be followed by all State agencies, counties, cities, redevelopment
agencies, and public districts, and all other political subdivisions
of the State in the implementation of the Environmental C�uality Act
of 1970, dealing �ith environmental quality, the evaluation of projects,
and the preparation of environmental impact reports; and,
NHEREAS, the Secretary for Resources has filed revised guidelines,
effective n•Iarch 4, 1978, for implementation of the Environmental (�uality
Act, as found in the regulations in the California Administrative Code,
Title 14, Div. 6.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 77-7 adopted
by the City Council of the City of Palm Desert, California, on February
10, 1977, is hereby repealed and the said State Guidelines with amend-
ments through A4arch 4, 1978, as augmented by the follow�ing local im-
plementation procedures prescribed by Article 5, Section 15050, et. seq
are hereby adopted.
SECTION I. - Applicability - The City, its officer, agents,
boards, commissions, agencies, and employees are subject to, and shall
comply with, the Guidelines for Implementation of the California
Environmental �luality Act of 1970, (CEQA} adopted by the State Secretary
for Resources pursuant to Section 21083 and 21087 of the Public Resources
Code, or other law. The �ollowing supplemental local procedures, adopted
pursuant to Section 15050 of the said State Guidelines, shall also be
applied, but only to the extent that they are not inconsistent with the
aforesaid State Guidelines.
These City procedures are intended to locally implement the pro-
visions oi CEQA and to follow the applicable provisions of the State
Guidelines in their specific operation. Local government authority
established in the State Guidelines, but not restated in these proce-
dures is hereby incorporated by reference and the provisions of both
documents shall operate in concert. These City procedures shall be
amended from time to time when the State mandates amendments to be made
and also when in the judgement of the City, changes are required to carry
out the goals and purposes of applicable laws.
SECTIO\T II. - Authority - General authority for implementation
of these local procedures shall be vested in the City Council of the
City of Palm Desert. The City Council may for purposes of efficient
administration, delegate specific authority and assign responsibility
for implementation actions to its boards, commissions, and officers.
The Director of Environmental Services, or appropriate staff
member(s) to whom he may have delegated this responsibility, shall assist
the Council, Boards, and Commissions of the City in the performance of
their duties and responsibilities under CEQA, the State Guidelines and
these local procedures.
SECTION III. - Prior to Formal Review - Al1 persons intendin� to
apply for Zone Changes, approval of Tentative Subdivision 114aps, Var-
iances, Planned Development Districts, Conditional Use Permits, Archi-
tectural Approval, and Grading Permits or any other entitlements which
come under t�ie jurisdiction of any department, agency, body, commission,
board, or the City Council, shall be afforded an opportunity to discuss
the requirements for environmental evaluation and reporting.
Al1 persons shall be afforded an opportunity to review the State
Guidelines (copies of which are available for purchase from the Cali-
f'ornia Department of General Services) and these procedures.
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RESOLUTION N0. 78-32
SECTION IV. - Formal Review -
A. Exemption Review:
Page ��o ' `
The Director of Environmental Services or appropriate
Staff inember(s) to whom he may have delegated this re-
sponsibility, shall make the initial determination where
a proposed activity is found to be e�empt by law, is
not a"project", or is "ministerial" or "emergency" in
nature, or is otherwise catergorically exempt.
1. If the finding is that the project or entitlement is
exempt, the project or entitlement shall be processed
in the usual manner, without need for further environ-
mental consideration under the State Guidelines and
this document.
2. If the finding is that the project or entitlement is not
exempt from the operation of CERA, an Initial Study shall
be prepared as provided in the Sections below.
B. I�tinisterial Projects:
niinisterial projects identified by the City pursuant to
Section 15073 of the State Guidelines, shall be exempt
from the requirements of CE�A, and no environmental documents
shall be required.
In the absence of any discretionary provision contained in
the relevant City ordinances, the following actions shall
be deemed to be ministerial:
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Issuance of building permits in compliance with exist-
ing zoning and building regulations;
Issuance of City Business Tax Licenses;
Approval of Final subdivision maps;
Approval of individual utility service connections and
disconnections, but not to include installation of new
sewer mains;
Grading permits issued for removal of fifty (50) cubic
yards, or less;
Permit for removal of trees in public rights-of-way;
Franchises;
Plumbing permits;
Structural demolition permits;
Temporary use permits;
Parade and special event permits;
Home occupation permits;
Issuance of animal licenses;
Adjustments granted pursuant to the Palm Desert I�4unici-
pal Code;
15. Other such actions of the City which do not contain
elements of discretion within the meaning described
by Section 15032 of the State Guidelines.
RESOLUTION N0. 78-
S�CTION IV. (Cont.)
Page Four
During the said forty-five (45) day period, the public
shall be allowed to view the documents prepared for the
project and to comment in writing on the findings, to
the reviewing body.
The reviewing body shall consider the public and agency
comments, prior to taking their action on the project.
G. Project Approval:
The City body with final approval authority over the
project shall:
1. Review all public and agency comments on the environ-
mental documents prepared and authorize responses.
2. �4ake written findings (pursuant to Section 15088) for
projects they intend to approve which have one or more
significant effects identified in an EIR.
3. Certify that the final EIR (if required) has been com-
pleted in complaince with CEQA and the State Guidelines
and that they have reviewed and considered the infor-
mation contained in the EIR prior to approval o� the
pro j ect .
H. Denial or Conditioning of Permits and Entitlements:
Tn passing upon applications for permits or other entitle-
ments in connection with proposed projects for which EIR's
are required, the Council and officers, boards, commissions,
and agenices of the City, shall consider said reports and
all other e��idence submitted and shall make findings as
to whether any such project has significant and substantial
adverse environmental effects. If such findings are in the
aifirmative, the application may, in the exercise of sound
and reasonable discretion, be denied, or conditions may be
imposed that the project be modified in specified respects
so as to measurably reduce or eliminate such adverse environ-
mental effects as are found to exis� in connection with
the proposed project.
SECTION V.
In addition to the points required to be in an EIR by Article 9
of the State Guidelines, each such report prepared for use by the
City of Palm Desert shall further include discussions of the follow-
ing:
A. Statement of other relevant planning. This statement should
describe how the project fits in with the adopted policies,
standards and general plans of all involved jurisdictions.
Does the project represent a significant advance toward the
implementation of these policies, standards, and plans?
Does it conflict with other pla.ns or suggest that some mod-
ifications of the project or other planning is needed?
B. Statement of the project viewed from the broad perspective
of public interest. This section should consist of a state-
ment detailing how the project will achieve a balance be-
tween environmental, economic, social and technical con-
siderations in the li�ht of the total public interest, in-
cluding the effect of the proposal on the economy.
RESOLUTION N0. 78-32
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Page Three�
SECTION IV. (Cont.)
C. Cai;ergorical Exemptions:
Pursuant to Section 15100 et seq., of the State Guidelines,
it is noted that categories provided in these sections are
__ board and are found to comprehensively include the discre-
tionary activities of the City. The rule for local appli-
cation to a specific project or entitlement shall be based
on the criteria that the activity is: not otherwise mini-
steria.l; within the preview of the City; not on environ-
mental sensitive lands; and not found to have a cumulative
adverse effect in the urban setting. Projects and entitle-
ments shall be scrutinized an a case-by-case basis to determine
the applicability under the categories provided by the State
Guidelines and this local criteria.
D. Initial Study - Non-exempt Projects:
The Director of Environmental Services shall make or cause
to be made an Tnitial Study of any project or activity not
other�vise e�empt from the provisions of this resolution
prior to the approval by the City or final approval by a
duly authorized commission or boara of said City.
The Initial Study shall form the basis of the determination
as to �vhether the project qualifies for a Negative Declara-
tion oi Environmental Impact or whether an EIR is required.
E. Negative Declaration:
In all cases where an Initi�.l Study has become final, and
such decision is that a project will not have a signi.ficant
effect on the environment, a Negative Declaration shall be
prepared by the Director of Environmental Services. Before
completing a Ne�ative Declaration, the Director of Environ-
mental Services shall consult with all Responsible Agencies.
A copy of the Negative Declaration shall be given to the
appropriate decision-making body prior to review of the pro-
ject, to all organizations and individuals who have pre-
viously requested such notice and shall also be given by at
least one of the following ways:
l. Publication at least once in a newspaper of general
circulation in Palm Desert;
2. Posting notices on and off-site in the area where the
project is to be located;
3. Direct mailing to o�vners of property within three hund-
red feet (300') of the boundary of the project site.
Said notice shall be provided not less than ten (10) days
prior to the review of the project by the City.
F. Envixonmental Impact Report (EIR):
In any case where an EIR is to be prepared, either as a
result of an Initial Study or the decision on an appeal of
an Initial Study, the Director of Environmental Services
shall prepare or cause to be prepared an EIR on said project
or activity.
A draft EIR shall be distributed for public and agency re-
vie���, a minimum of forty-five days (45) prior to the meet-
ing at which the revie�i�ing body takes action on the project.
Notice to the public of the preparation of a draft EIR shall
be published at the beginnin� of the re��iew period.
RESOLUTION i�'0. 78-32
Page Five
SECTION VI. - Preparation of Reports, Responses, Recommendations,
Documents, and Notices -
In addition to the duties d�scribed in Section II of these City
Procedures, the Director of Environmental Services, or appropriate
Staff inember(s) to whom he may have delegated this responsibility,
shall prepar� and file all notices and documents required or authorized
by CEQA, �he State Guidelines, and these City Procedures.
SECTION VII. - Fees -
All private project applicants shall be advised that fees ��ill be
charged for tasks required by the State Guidelines to be performed by
City personnel and by the consultants selected by the City and for cost
of materials used. Applicants shall also be informed of the fees which
will be imposed or the basis on which fees will be predicated. The
Director of Environmental Services is authorized to collect any and
all fees established by Resolution of the City of Palm Desert u�hich
pertain to the implementation of this resolution.
SECTION VIII. - Appeals -
Any person aggrieved or affected by a decision of any commission,
board, department, division or officer of the City in administering
or interpreting the regulations contained or referred to herein, may
appeal to the City Council from such decision at any time within ten
(10) days after the date upon which the decision is announced. Any
appeal filed shall be made by filing a letter of appeal with the City
Clerk and by concurrently paying any applicable appeal fee which has
been established by Resolution of the City Council. Said letter of
appeal shall se� forth the grounds upon which the appeal is based, and
the relief requested. Within fifteen (15) days after receipt of a
letter of appeal to the City Council, or at its next re�ular meeting
after such period, and provided any applicable filing fee has been
paid, the City Council shall consider the matter and may, thereafter,
affirm, reverse, or modify the decision appealed.
SECTION IX. - Institution of Actions -
Any action or proceeding to attack, review, set aside, void, or
annul the acts or decisions made by the City or any of its agencies,
bodies, officers, or employees pursuant to the provisions of these
City procedures or any action or proceeding complaining of prejudicial
abuse of discretion for failing to proceed in the manner prescribed by
law, or for making determinations or decisions not supported by sub-
stantial evidence, shall be governed by the provisions of Section
21167, 21167.5, 21168, and 21168.5 of the California Public Resources
Code.
SECTION X. - Institution of Actions -
No technical non-compliance by the City or its officers or
employees with any provision of these local guidelines shall be deemed
to invalidate any action taken by any officer, board, commission, or
by this City Council in connection with implementation of the Environ-
mental Quality Act or any other law or procedure.
SECTION XI. - Interpretation - Conflict of Provisions -
In interpretin� and applying the provisions of this resolution,
the�� shall be held to be the minimum requirements for the promotion of
the �ublic health, safety, comfort, convenience and general we].fare.
It is intended by this resoluticn to require that in those matters
in which an en��ironmental impact report is filed, and v��here the Plan-
ning Commission and City Council hold Public Hearings, the require-
ments of all other resolutions and ordinances of the City of Palm
Desert governing those actions or projects subject to the provisions
of this resolution w�hich are inconsistent hererc�ith, are to that extent
superseded.
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RESOLUTION N0. 78-32
Page Six
S�CTION XII.- Severability of Provisions -
If any section, subsection, sentence, clause or phrase of
�his resolution is, for any rea.son, held to be invalid or uncon-
stitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions
of this resolution, it being expressly declared that this resolu-
tion and each section, subsection, sentence, clause and phase here-
of would have been prepared, proposed, adopted, approved, and
ratified irrespective of the fact that any one or more other sec-
tions, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
PASSED, APPROVED, and ADOPTED at a regular meeting of the
City Council of the City of Palm Desert, California, held on this
_ 23rd day of _ March _, 1978, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brush, McPherson, Newbrander, Wilson & Mullins
None
None
None
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� �
�� 9
'!' �� . . i � /
DWAR D. D ULLI S, n7ayor
ATTEST:
1
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SHEILA R. GILL GAN, City rk