The URL can be used to link to this page

Home My WebLink AboutResolutions 87-339 N.C.S. 12/07/1987:.t =,-° _ ~ I3eso~luti~n No~_N, C. S. .~ - of the City of Petaluma., California ES'PABLISHING THE PROCEDURES FOR, COMPLIANCE WITH THE REQUIREMENTS OF THE GAI'IFORNIA ENVIRONMENTAL QUALITY ACT OF 197p, AS AMENDED WHEREAS, the California Environmental Quality .Act :of 1970, as amended, (hereinafter CEQA) requires each local jurisdiction to adopt procedures for the implementation of CEQA and the guidelines published by the State Office of Planning and Research; -and WHEREAS., it was the desire of the City of Petaluma to comply with this law but also tailor the environmental review process to reflect local conditions, local project review procedures, and to achieve consistency with decisions made on past projects;. and WHEREAS, environmental review procedures were sought that would be 'efficient, informative, and encourage environmentally sensitive design as early in the project development stages as possible; and WHEREAS, the City has prepared a statement of objectives, criteria, and procedures for implementing .CEQA, titled Environmental Review Guidelines, that meet the above-stated objectives and State CEQA Guidelines Section 15`022 (public agency implementing procedures) ; and WHEREAS, the Planning Commission reviewed the proposed Guidelines and recommended its adoption, subject to amendments contained in Exhibit "A" , .attached, on November 24, 1987; NOW., . THEREFORE, BE IT RESOLVED that the City of Petaluma Envr.onmerital Review Guidelines; as amended by the changes contained in 1 RESO. 87-339 NCS Exhibit "A" of this Resolution, are hereby adopted by the City of Petaluma; and BE IT FURTHER RESOLVED that Resolution No's 7064 and 6533 N.C.S. are hereby repealed. reso.cega/reso8 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) ($il) meeting fO~ on the ....7~h .............. day of .....decembex.........................-.....-., 19-~.7.., by the - following vote: ity Attorney AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, May illigoss NOES: ~ ABSENT: 0 ATTEST : .... ........:.... ..- -..::......-.-... -...--...............---............... City Clerk 2 Mayor Gbuncil File.-----• ............................ CA 10-85 Res. No. .......8.7.-.3.3.9.... N.C.S. STAFF RECOMMENDED AMENDMENTS TO ENVIRONMENTAL REVIEW GUIDELINES Italics =Additions --------- =Deletions .. ~~ .Section 5.2.0., sentence two: As part of this Preliminary Review, the project . sporesor may request a Preliminary Review Conference with appropriate Planning Department or other ' City staff for pre-application discussion of the proposed action, .. . Sections 5.4.0, 6.2.0, 8.4....0, add: Appeal procedures are contained in the Zoning Ordinance. Section 6.4.2, change to~ read: (v) state or local financial assistance to .low or moderate income housing development, e"sta'bZishment of small day care facilities (6 children or less) , and small residential care facilities ~ (bcharges or less) , etc. ; (w) establishment; modification, or approval of 'user rates and other public agency service charges for the purpose of meeting operational expenses, purchasing supplies., equipment or materials, meeting financial reserve requirements, or obtaining funds for capital projects necessary to maintain service within existing service areas . (Rate increases to fund capital. projects for expansion of a service system may be subject to CEQA_ and the city's Environmental Review Process) ; and (x) eerti#reate~v~~orrrpliarn,~: (was repeat of (g)) . Section 6.4.3, change to~ read: Discretionary Actions. Discretionary actions which are normally exempt from file City!sEnvironmental Review process, as determined by the Director, include ... (h) aetzvities that are categorically exempt by CEQA Guidelines. Section 9.1.0,. last sentence: omit mandatory filing of Notice of Intent to Issue Negative Declaration to City Clerk. Section 12.7.0, portion, change to read: ... (a) an EIR Addendum for inclusion in or attachment to the final EIR (appropriate for minor technical changes or additions occurring before or after certification of, the final EIR; need not be circulated for public review but must be considered by decision making body prior to project approval. ) Section 12.7.0(b) and (c) : Amend to clarify distinction between "supplement to t e EIR" an su Sequent EIR"; e. g., 'change to data versus change to project, respectively. Section 12.8.5(d) Add: "recommend to the City Council that the Draft EIR be certified as a Final EIR based on the Commission-initiated revisions. The Commission may request to review these revisions before they are forwarded to the Counc2Z. " Amend Flow Chart as shown on attached pages. staff .erg /pcoml8 r ' 1 CHART 1 PRELIIVIII~T.P~RY REVIEW PR.OCEI~URE SEE SECTION B OF PETALUMA ENVIRONMENTAL REVIEW GUIDELINES SCHEDULE PRE-APPLICATION CONFERENCE'(OPT ZONAL) APPLICANT PRELIMINARY REVIEW (CONFERENCE OPTIONAL) INITIAL ASSESSMENT OF APPLICANT'S PROPOSAL BY DEPT. OF COMMUNITY DEVELOPMENT STAFF CITY STAFF/APPLICANT f STAFF DETERMINATION THAT PROPOSAL IS EXEMPT FROM•EN`/IRONMENTAL REVIEW (SEE CATEGORICAL EXEMPTIONS CHECKLIST) PREPARE NOTICE OF EXEMPTION 14-DAY APPEAL PERIOD STAFF DETERMINATION THAT PROPOSAL IS NOT EXEMPT FROM ENVIRONMENTAL REVIEW • APPEAL ~ NO APPEAL PLANNING COMMISSION OR FILE WITH COUNTY CLERK CITY COUNCIL.REVIEW- IF AND WHEN PROJECT REVIE'A STAFF DETERMINA- _ IS APPROVED ~oPTioNAL, TION AND. DECIDE IF PROJECT IS SUBJECT''TO ENVIRON, REVIFNJ ' EXEMPTION EXEMPTION REVERSED; UPHELD ENVIRONMENTAL REVIEW, RECi'D. MfT1ATE ENVIRONMENTAL REVIEW'PROCESS SEE CHART 2 'CHART 2 E1lI~TI~ZOI~TMENTA.L REVIE~T PROCESS SEE SECTION C ' OF~ PETALUMA REVIEW GUIDELINES 'PREPARE PROJECT •APPLICATION APPLICANT I I ACCEPTED AS COMPLETE BY DEPT. STAFF; REJECTED AS INCOMPLETE 8Y DEPT. STAFF; FORMALENVIRON. REVIFW'PROCESS BEGINS RETURNED TO.APPLICANT FOR RESUBMITTAL 1 I PLANS AND PROJECT DESCRIPTION MADE AVAILABLE AT DEPT. OF COMMUNITY DEVELOPMENT FOR PUBLIC REVIF_W EIR CLEARLY PREPARE INITIAL STUDY INFORMAL CONSULTATION WITH RESPONSIBLE AGENCIES, COMPLETION OF ENVIRONMENTAL CHECKLIST, .PRELIM. QE7ERMINATION OF SIGNIFICANT EFFECTS INITIAL STUDY DETERMINATION NO SIGNIFICANT IMPACTS ANTICIPATED;, NEGATIVE bECLARATION RECOMMENDED LIMITED IMPACTS ANTICIPATED; SIGNIFICANT IMPACTS ANTICIPATED, CONDITIONS FOR NEGATIVE - MORE THOROUGH ANALYSIS WARRANTED, DECLARATION RECOMMENDED PREPARATION OF EIR REQUIRED PREPARE EXPANDED INITIAL STUDY DESCRIPTION OF POTENTIAL` LIMITED IMPACTS'AND RELATED CONDITIONS FOR. NEGATIVE DECLARATION <- ~~L v~f,'EG~ - NOTICE OF INTENT „I PUBLISH AND POST PUBLIC NOTICE OF INTENT T.O MAKE NEGATIVE DECLARATION ANp AVAILABILITY I OF NEGATIVE DEC. F.ORrPUBUC REVIEW; SEND NOTICE OF PREPARATION TO.RESPON$I.BLE AGENCIES (' - NEG. DEC. PUBLIC REVIEW PERIOD LO,DAY.S IF. STATE CLEARING HOUSE REVIEW NOT REO'O., 30 DAYS IF STATE CLEARING HOUSE REVIEW IS REO'D.~ I CONTINUED OAN NEXT PAGE 'E OF INTENT TO ' ATEGORIES TO I REPARATION TO. ARK ON DRAFT EIR. BEGIN EIR CONSULTAIJT SELECTION;. (SOLICIT PROPOSALS TO PREPARE EIR) CONTINUED OBN NEXT PAGE J A CONTINUED FROM PREVIOUS PAGE ' DPCd OR PLANNING COMMISSION* 'ACTION ON NEGATIVE DECLARATION DISAPPROVALs EXPANDED APPROVAL: MOVE ON .INITIAL STUDY OR EIR TO CONSIDERATION RECOMMENDED; IMPACT OF PROJECT CATECORIES~IDENTIFIED I ~TV~2iJ , 69-BxkE1E' TO INITIAL STUDY 14-pAY APPEAL PERIOD DETERMINATION PHASE ~'~ APPEAL••~ NO APf CITY COUNCIL .REVIEW REVIEW OF INITIAL STUDY AND NEG. DEC: FOR ADEQUACY ADEQUATE: NEGATIVE .INADEQUATE: EXPANDED INITIAL DECLARATION APPROVED STUDY OR EIR REQ'D., IMPACT -CATEGORIES IDENTIFIED -66-9i4C-if TO "NOTICE-OF-INTENT" PHASE ,J _ B CONTINUED FROM PREVIOUS"PAGE ~APPEAL••~NO APPEAL CITY COl1NCIL REVIEW REVIEW OE INITIAL STUDY AND • NEGATIVE DEC. FOR ADEQUACY EIR REQUIREMENT WAIVED; NEG. DEC. OR EXPANDED INITIAL EIR REQUIREMENT STUDY APPROVED; CONFIRMED TO INITIAL STUDY DETERMINATION PHASE ,~'ETVRnJ -CONTRACT EIR CONSULTANT; COLLECT EIR PREPARATION FEE FROM APPLICANT EIR WORK SCOPE REFINEMENT HOLD PUBLIC SLOPING MEETING PREVIE`N RESPONSES TO N.O.P. FROM RESPONSIBLE AGENCIES PREPARE ADMMISTRATIVE DRAFT EIR DISCUSSION OF'ENVIRONMENTAL CONSEQUENCES AND MITIGATION RECOMMENDATIONS FOR ALL IMPACT CATEGORIES CITED IN INITIAL STUDY, ALTERNATIVES TO THE PROPOSAL, AND OTHER CE~A REQMNTS. STAFF REVIE'N: INTERNAL REVIEW AND COMMENTS BY INTERESTED CITY.DEPARTNIENTS; REVISIONS NECES- SARY TO PROVIDE ADEQUATE DRAFT EIR IDENTIFIED PREPARE DRAFT EIR REVISION OR ADMIN. DRAFT EIR' TO INCORPORATE CHANGES :;AND REFINEMENTS REQUESTED BY CITY`STAFF CO_ NTINUEO ON NEXT PAGE Ci CONTINUED ON NEXT PAGE D • PLANNING COMMISSION ACTION SHALL 9F_ REQUIRED ONLY IF THE NOTICE OF INTENT IS CHALLENGED DURING THE PUBLIC REVIE'N PERIOD •+TO APPEAL, WRITTEN NOTICE OF APPEAL MUST BE FILED WITH CITY CLERK u C .CONTINUED FROM PREVIOUS. PAGE _ D' -CONTINUED FROM PREVIOUS PAGE ' ~, DRAFT EIR+COPIES:DELIVF_RED TO CITY BYEIR CONSULTANT FILE NOTICE OF COMP6ETION ,PUBLISH AND POST PUBLIC DISTRIBUTE DRAFT EIR TO WITH STATE SECRETARY FOR NOTICE OFbRAFT EIR COM- MAILING LIST OF INTERESTED RESOURCES (STATE CLEARING PLETION AND AVAILABILITY ORGANIZATIONS AND INDIVIDUALS, HOUSE)' INCL. RESPONSIBLE AGENCIES DRAFT EIR PUBLIC REVIEW PERIOD 30 DAYS IF STATE CLEARING HOUSE-REVIEW IS NbT REQUIRED, 45 DAYS IF STATE CLEARING HOUSE REVIEW IS REQUIRED` PLANNING COMMISION ACTION ON DRAFT EIR PUBLIC HEARING ON ADEQUACY OF DRAFT EIR;,CONSIDERATION OF -PUBLIC-REVIEW PERIOD COMMENTS ON pRAFT'EIR,_AND,IDENTIFICATION OF.ANY REVISIONS„CLARIFICATIONS, OR:ADD'L INFORMATION DESIRED IN FINAL EIR; AUTHORIZE PREPARATION OF FINAL EIR%RESPONSE=TO-COMMENTS PREPARE FINAL. EIR, .INCLUDE ALL COMMENTS RECEIVED, WRITTEN RESPONSES TO ALL SUBSTANTIVE COMMENTS, AND NECESSARY REVISIONS TO DRAFT EIR 'PLANNING COMMISSION ACTION ON FINAL EIR (o~TiaN~~ PUBLIC HEARING ON ADEQUACY OF FINAL EIR; COMMISSION MAY - REQUEST ADD'L EIR WORK OR RECOMMEND CERTIFICATION ~:~:.. ADDITIONAL IMPACT'.INFORMATION, FINAL EIR CERTIFICATION CLARIFICATION, OR RESPONSE=TO-COMMENT RECOMMENDED TO CITY COUNCIL REVISIONS REQUESTED; FINAL EIR I PREPARATION PHASE CONTINUED CONTINUED ON NEXT PAGE CONTINUED.ON NEXT PAGE E F • STATE CLEARINC;HOUSE' REVIEW IS REQUIRED IF ANY STATE DEPARTMENT`IS A RESPONSIBLE AGENCY OR OTHERWISE HA5 JURISDICTION (CALTRANS, FISH AND GAME, ETCJ ' '~ E CONT,iNUED FROM PREVIOUS PAGE F :CONTINUED FROM,'PREVIOU$'PAGE CITY COUNCIL ACTION,ON F6VAL EIR PUBLIC HEARING=ON ADEQUACY OF',FINAL'EIR; CITY COUNCIL (DECISION REGARDING: ADEQUACY AND CERTIFICATION OF FINAL EIR MORE IMPACT INFORMATION OR CLARIFICATION REOUESTED;'PREPARE REVISED'FINAL EIR, EIR ADDENDUM, OR SUPPLEMENTAL EIR EIR CERTIFIED AS ADEQUATE DECISION OIV PROJECT .t~e~is,„~ ,,~,~ .v L, [3o~y ERTIFIEQ,ENVIRONMENTAL DOCUMENTATION GONSIOERED BYE .IN MAKING.DEGISIONS REGARDING ROJECT; VARIOUS EIR.MITGATION. SUGGESTIONS MAYBE APOSED BY AS'GON4ITIONS OF PROJECT APPROVAL DEcisio,~ - Nl.4,e%v4 730.E FILE NOTICE OF DETERMINATION WITH" COUNTY CLERK AND, IF STATE AGENCY APPROVAL IS REOUIRED,'WITH THE STATE SECRETARY FOR RESOURCES (STATE CLEARINGHOUSE) -_