HomeMy WebLinkAboutCC RES 80-089. . , o_,�..�. �...�. ' —
RESOLUTION N0. 80- 89
A RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA
ESTABLISHING PROCEDURES TO IMPLEMENT THE ENVIROfV-
MENTAL QUALITY ACT OF 1970, AS AMENDED TO DATE.
WHEREAS, Public Resources Code Sections 21083 and 21087 grants authority to
the Secretary for Resources to prescribe regulations 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 Envir-
onmental Quality Act of 1970, dealing with environmental quality, the evaluation
of projects, and the preparation of environmental impact reports; and,
WHEREAS, the Secretary for Resources has filed revised guidelines, effective
May 10, 1980, for implementation of the Environmental Quality Act, as found in
the regulations in the California Administraiive Code, Title 14, Div. 6.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 78-32 adopted by the
City Council of the City of Palm Desert, California, on March 23, 1978, is hereby
repealed and the said State Guidelines with amendments to date, as augmented by
the following local implementation 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 Quality 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 following 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
5tate Guidelines.
These City procedures are intended to locally implement the provisions of CEQA
and to follow the applicable pravisions of the State Guidelines in their specific
operation, Local government authority established in the State Guidelines, but not
restated in these procedures is hereby incorporated by reference and the provisions
of both documents shall operate in concert. These City procedures sha11 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.
SECTION 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 inember(s) to
whom he may have delegated this responsibility, shall assist the Council, Soards,
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 - All persons intending to apply for
Zone Changes, approval of Tentative Subdivision Maps, Variances, Planned Develop-
ment Districts, Conditional Use Permits, Design Review, and Grading Permits or any
other entitlements which come under the jurisdiction of any department, agency,
body, commission, board, or the City Council, shall be afforded an opportunity to
discuss the reguirements for environmental evaluation and reporting.
All persons shall be afforded an opportunity to review the State Guidelines
(copies of which are available for purchase from the California Department of
General Services) and these procedures. ;—
SECTION IV. - Formal Review -
A. Exemption Review:
The Director of Environmental Services or appropriate Staff inember
to whom he may have delegated this responsibility, sha11 make the
initial determination where a proposed activity is found to be exe
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RESOLUTION N0. 80-89
SECTION IV. (cont.)
Page Two
by law, is not a"project", or is "ministerial" or "emergency" in
nature, or is otherwise categorically exempt. The evaluation of
the proposed activity shall also determine if there is any possibility
that the activity may have a significant effect on the environment.
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 environmental 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 CEQA, an Initial Study shall
be prepared as provided in the Sections below.
B• Ministerial Projects:
Ministerial projects identified by the City pursuant to Section 15073
of the State Guidelines, shall be exempt from the requirements of
CEQA, 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:
1. Issuance of building permits in compliance with existing
zoning and building regulations;
2. Issuance of City Business Tax Licenses;
3. Approval of Final Subdivision Maps;
4. Approval of individual utility service connections and
disconnections, but not to include installation of new
sewer mains;
5. Grading permits issued for removal of fifty (50) cubic
yards, or less;
6. Permit for removal of trees in public rights-of-way;
7. Franchises;
8. Plumbing permits;
9. Structural demolition permits;
10. Temporary use permits;
11. Parade and special event permits;
12. Home occupation permits;
13. Issuance of animal licenses;
14. Adjustments granted pursuant to the Palm Desert Municipal
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.
C. Categorical Exemptions:
Pursuant to Section 15100 et seq., of the State Guidelines, it is noted
that categories provided in these sections are broad and are found to
comprehensively include the discretionary activities of the City. The
rule for local application to a specific project or entitlement shall
be based on the criteria that the activity is: not otherwise ministerial;
within the preview of the City; not on environmentally sensitive lands;
and not found to have a cumulative adverse effect in the urban setting.
Projects and entitlements shall be scrutinized on a case-by-case basis
to determine the applicability under the categories provided by the
State Guidelines and this local criteria.
RESOLUTION N0. 80-89
SECTION IV. - (cont.)
D. Initial Study - Non-Exempt Projects:
E.
The Director of Environmental Services shall make o
made an Initial Study of any project or activity no
exempt from the provisions of this resolution prior
by the City or final approval by a duly authorized
board of said City.
r cause to be
t otherwise
to the approval
commission or
Page Three
The Initial Study shall form the basis of the determination as to
whether the project qualifies for a Negative Declaration of Environ-
mental Impact or whether an EIR is required. Prior to a determination
on the type of environmental document to be prepared, based on the
evaluation of potential significant effects, the Director of Environ-
mental Services shall contact all Responsible and Trustee Agencies.
Negative Declaration:
In all cases where an Initial Study has become final, and such decision
is that a praject will not have a significant effect on the environment,
a"Draft" Negative Declaration shall be prepared by the Director of
Environmental Services. Before completing a"Draft" Negative Declara-
tion, the Director of Environmental Services shall consult with all
Responsible Agencies.
After compietion of the "Draft" Negative Declaration the Director of
Environmental Services shall consult with and seek comments from
Responsible Agencies, other public agencies having "Jurisdiction by
Law", and persons with special expertise. Notice shall also be provided
to the general public of the completion of a"Draft" Negative Declaration
by at least one of the following means:
1. 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 owners of property within three hundred feet
(300') of the boundary of the project site, as contained on the
last equalized county tax assessment rolls.
Said notice shall be provided not less than ten (10) days prior to
review of the project by the City approval body. A copy of the
Negative Declaration and related evaluation material shall be give
the appropriate advisory and decision-making bodies prior to their
review of the project. The City body with final approval authority
a project, shall approve or disapprove the Negative Declaration in
action preceding approval of the project itself.
the
to
over
their
An appeal from the determination to prepare a Negative Declaration may
be filed pursuant to Section X. of this resolution, upon notice of the
preparation of a"Draft", or subsequent to the adoption by the approval
body.
RESOLUTION N0. 80-89
SECTION IV. (cont.)
F. Environmental Impact Report (EIR):
Page Four
In any case where an EIR is to be prepared, either as a result of an
Initial Study or the decision on an appeal, the Director of Environ-
mental Services shall prepare or cause to be prepared an EIR on said
project or activity. Before a determination on the type of environ-
mental document to be prepared, which ultimately leads to the prepara-
tion of an EIR, the Director of Environmental Services shall consult
with any Responsible or Trustee Agency. Upon a determination that an
EIR will indeed be required, a"Notice of Preparation" shall be sent to
Responsible and Trustee Agencies, and to any Federal Agencies which
have approval authority over the project. Such notice shall be sent
by return receipt mail.
After completion of a Drafi EIR, the Director of Environmentai Services
shall consult with and seek comments from Responsible Agencies, other
public agencies having "Jurisdiction by Law", and persons with special
expertise. Notice shall also be provided to the general public at the
beginning of the review period by one of the following means:
1. Publication at 7east once in a newspaper of general circulation
in Palm Desert; or
2. Posting notices on and off-site in the area where the project is
to be located, and at governmen� offices and facilities.
The agency and public review and comment period shall be a minimum of
forty-five (45) days prior io the meeting at which the reviewing body
takes action on the project. Normally, the review period should not
exceed ninety (90) days. During the said forty-five day period, copies
of the Draft EIR shall be provided to selected agencies, organizations,
and individuals, with copies made available to the general public for
- review at the City offices and the public library.
Comments on the documents prepared may be submitted in written form
to the reviewing body. The reviewing body shali consider the agency
and public 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 environmental
documents prepared and authorize responses.
2. Make 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 completed
in compliance with CEQA and the State Guidelines and that
they have reviewed and considered the information contained
in the EIR prior to approval of the project.
Upon approval of a project for which an EIR has been prepared, the
Director of Environmental Services, shall send a"Notice of Deter-
mination" to either the County Clerk of Riverside County, or the
State Secretary for Resources as appropriate.
H. Denial or Conditioning of Permits and Entitlements:
In passing upon applications for permits or other entitlements in
connection with proposed projects for which EIR's are required., the
Councii and officers, boards, commissions, and agencies of the City,
shall make findings as to whether any such project has significant
and substantial adverse environmental effects. If such findings are
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RESOLUTION N0. 80-89
SECTION IV. (cont.)
Page Five
in the affirmative, 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 environmental effects as are found to
exist 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 following:
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 rep-
resent a significant advance toward the implementation of these
policies, standards, and plans? Does it conflict with other plans or
suggest that some modifications of the nroject or other planning is
needed?
B. Statement of the project viewed from the broad perspective of public
interest. This section should consist of a statement detailing how
the project will achieve a balance between environmental, economic,
social and technical considerations in the light of the total public
interest, including the effect of the proposal on the economy.
SECTION VI.
Where the City of Palm Desert is a Responsible Agency, an agency having
Jurisdiction by Law, or is otherwise contacied for review and comment on projects
contemplated by another Lead Agency, the Director of Environmental Services shall
by responsible for collecting, preparing, and transmitting all City comments on
such projects.
SECTION VII. - Preparation of Reports, Responses, Recommendations,
Documents, and Notices -
In addition to the duties described in Section II et seq., of these City
Procedures, the Director of Environmental Services, or appropriate Staff inember(s}
to whom he may have delegated this responsibility, shall nrepare and file all
notices and documents required or authorized by CEQA and the State Guidelines,
which have not specifically been stated by these City Procedures.
SECTION VIII. - Time Period for Performance -
Except as otherwise or additionally provided, all City actions in the
implementation of CEQA shall occur in a timely manner, not exceeding the following
established periods:
A. Preliminary screening to determine exemption status--ten (10) working
days from the date an applicatian is accepted as being complete.
B. Initial Study determination on non-exempt projects--forty-five (45)
days from the date an application is accepted as being complete.
C. Completion and adoption of a"Draft" Negative Declaration--one-hundred
and five (105) days from the date an application is accepted as being
complete.
D. Completion and Certification of an EIR--one year from the date an
application is accepted as being complete.
E. Response to other Lead Agencies' notifications--forty-five (45) days
from receipt by the City.
The Director of Environmental Services shall have the assigned responsibility
to certify that the actions described herein, and elsewhere, have been taken in
the prescribed time period.
RESOLUTION N0. 80-89
Page Six
SECTION IX. - Fees -
All private project applicants shall be advised that fees will 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 which pertain to the implementation of this resolution.
SECTION X. - 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 wh�ch 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
set 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 regular meeting after such period, and provided any applicable fiiing
fee has been paid, the City Council shall consider the matter and may, thereafter,
affirm, reverse, or modify the decision appealed.
SECTION XI. - 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 substantial evidence, shall be governed by the provisions of Section
21167, 21167.5, 21168, and 21168.5 of the California Public Resources Code.
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 Environmental Quality Act or any other law or procedure.
SECTION XII. - Interpretation - Conflict of Provisions -
In interpreting and applying ihe provisions of this resolution, they sha11
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general weTfare. Ii is intended by this resolu-
tion to require that in those matters in which an environmental impact report is
filed, and where the Planning Commission and City Council hold PubTic 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 resol�tion
which are inconsistent herewith, are to that extent superseded.
SECTION XIII. - Severability of Provisions -
�
If any section, subsection, sentence, clause or phrase of this resolution is
for any reason, held to be invalid or unconstitutional, such invalidity or
unconstitutiona�ity sha)1 not affect the validity or constitutionality of the
remaining portions of this resolution, it being expressly declared that this
resolution and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed, adopted, approved, and ratified irrespective of the
fact that any one or more other sections, subsections, sentences, clauses or phrases
be declared invalid or unconstitutional.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the
City of Palm Desert, California, held on this T2th day of �u �, , 1980,
by the following vote, to wit:
AYES: McPherson,
NOES: None
ABSENT: None
ABSTAIN: _� None
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Newbrander, Puluqi, Snyder & Wilson
SHEILA R. GILL�GAN, City G�rk
City of Palm Desert, Calfifornia
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S. ROY� WILSON; Mayor"
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