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HomeMy WebLinkAboutResolution 6533 N.C.S. 02/19/1974 rc All EER:mi 2/14/74 RESOLUTION NO. 6.53 4rtln, .. , RE8oLuTioN OF'THE CITY OF PETALUMA. ,V ESTAELISHING PROCEDURES FOR COMPLTANCE " 44 t WITH:THE REQUIREMENTS OF THE ENVIRONMENTAL QUALITY ACT OF 1970 AND REPEALING RESOLUTION NO. 62,62 N.C.S. INTRODUCED BY COUNCILMAN 4/ 1, -A..., . ill/ ., and , ' , , , r .1..._ i ; I _ SECONDED BY COUNCILMAN . :- .d ,;,e I "At at a Regular Meeting of the City Council of the City of Petaluma, on the 19th day of •Febraary, , . . WHEREAS, pursuant to the California Environmental Quality Act of 1970 (hereinafter CEQA,yEhe- cities must require an Environmental Impact . L Report (hereinafter EIR) of all projects which may have a significant effect upon the environmenti' and • WHEREAS, the State Department of PabliC Resources has developed C , .detailed guidelines to cities regarding procedures which must be • ..follOwed in the imPlementation of the CEQA1 and WHEREAS, it therefore has become necessary for the City of Petaluma to set up a procedure - Whereander the City may implement the ;'CEQA and the guidelines Published by the State Department of Public Resources; . . . ..., NOW, THEREFORE, BE, TT RESOLVED BY "THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: ARTICLE T DEFINITIONS When used in this resolution the following words and phrases mean: "ENVIRONMENT" -- EnvironrnenL means the 'phYsical conditions which ,,, exist within the area which will be affected by a proposed project, inCluding land, air-, water, minerals, flora, •aana, noise, objects Of historic or aesthetic significance. 'PPROJECTT.' Project means the whole of an action, resulting . physical impact,on'the envirOnmeht„ directly•for ultimately, that . , . is any of the following , '. - ,.• .. 1 , , (5Zi15 -- Resolution-No. •CS. • (1) An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances and the Adoption of local General .. �, Plans or elements thereof; (2) An activity undertaken by a person which is sup- ported in whole or impart, through public agency contracts, grants, subs idies, loans or other forms of assistance from one or more public agencies; or i (3-) An activity nvolving the issuance to a person of a lease, permit, license, certificate or other entitlement for use by one or more public agencies. "ENVIRONMENTAL IMPACT QUESTIONNAIRE" (EIQM -- An. Environ- mental Impact Questionnaire is a questionnaire completed by the . applicant for the purpose of having a determination as to whether a ' project will have a significant effect upon the environment or assist- ing the city in the preparation of an EIR. The questionnaire :shall be substantially in accordance with a form approved by the Planning Commission and made available to all applicants through the Director of Community Development. "SI.GNIFICANT EFFECT ON THE ENVIRONMENT" A project shall be found to have a significant effect upon the, environment when it in volves any of the following: (1) Impacts which have the potential to degrade . the quality of the envir'onment, curtail the range of the environment. (2) impacts which achieve s hort- term, to the dis- advantage of long term, 'environmental goal's. A short -term impact on.the environment is one -2- 1111 411 IzegolutiOn NO. ,N.C,S. whidh occurs ih a relatively brief, definitive PeriOd of time While long-term lm,Pacta Will en- dure well into the fUturs.. (3) Impacts for a 'Project which are individually Z - 0 1, • c. • limited, culttively.conaiderable. A pro ject may impact on to or More separate resources where'the impact on each resource is relttivelY small. If the effect of the total of those im- pacts on the erivironment'is significant, an EIR must be prepared. This mandatory finding of sig- , nifictnce does not apply to two or more separate projectSFyhere the impact of,eadh is insignifi- , cant. (4) The environmental effects of t 'project-will cause substantial tdverse effects on htffiah beings, either directly or indireCtlY.' Consequences which ma cause a project to have a significant effect on the environment' include: (I) Conflicts with environmental plans and goals of the city;' (2) Substantialand demonstrable negative aesthetic effeCtsl, ' (3) Substantitl effects on rate bi enda:ftgered species of animal or plant life, •Or the habitat of such species; • • (4) Substantial interference ,With the movement of any • reSidehtbr fish or Wildlife species; (5) Violations. of any published national, state or local Standards relating to solid waste or litter . 'control; . k6,1 SUbStantial determenttl efiectaon air and water , ..gutlity or on ambient noise levels for adjoining . „ 411 Resolution No. (7) PosSible contamination of a public water supply or adverse effects on, ground waters; (8) Posstb'le flooding, erosion or siltation; and (9) Possible exposure of people and structures to m geologic hazards:, "SUBSTANTIALLY ADVERSE IMPACT OtqTHE ENVIRONMENT -- A project has a substantially adverse impact on the environment where the ad- verse environmental effects of the project outweigh the .social, and economic benefits of the project tO the public health, safety and welf are. "EloaRoNMENTAL IMPACT REPORT" (EIR) -- An Environmental Im- pact Report is a detailed statement setting forth the environmental effects and considerations Pertaining to a project as specified in Appendix "A' heretP, "NOTICE OF COMPLETION" A Notice of. Completion 'means a brief report filo& with. the Secretary for Resources as soon as a publid agency has completed a draft EIR and is 'prepared to send out copies for review. "NEGATIVE DECLARATION" -= A Negative Declaration means a state= ment by the lead Agency briefly presenting the reasons the project, although otherwise not exempt, would not have a significant effect upon environment„ and therefore does not require an EIR, "CATEGORICAL EXEMPTION" -- A Categorical Exemption means an exception from the requirement for the preparation of an environmental impact report fOr a class of projects based on a finding by the Secre- tary for Resources that the class, of projects does not have a significant effect on the environment. "ENVIRONMENTAL REVIEW" -- A project 1as received an environ mental . revieW when (1) it fails within one or more of the categorical exemptions of this resolution, or (2) it has received a negative declara- tion,or (3) it has been covered by an Environmental Impact Report and a determination has beenmade that it would not have a substantially adverse effect upon the environment. -4- .• u ° Resolution No N,m..C.S " °NOTICE' :©F :DETERMINATION'',. - A Notice: o.f .Determination means e brif notice to be filed by a public agency .roves o a � cy wYen it app - or etermines to c arr out a.'. r o ° ect 'which d - ° h is Subject to the require:- , u :.merit.s. of, CEQA. P - "PERSON" � -- '�A °p:e,rson. ��.ncl'ude ' °an °y �person;,. :firth, association, o g on,. partnership, bus r_� an�zati . _ � ; ar ^. s, trust, por,ation,; corripariy, district, y d ° � coup y ° county, clt ' town, the State and any of , o; '° ty, eat and the agencies' olitic'al•su•b g ' p _ di�i�sions of such' entiti "DIRECTOR OF COMMUNITY DEVELOPMENT" - -' The duly appointed c ,Acting Director Community Development or isuch other individual as to be, des ,., y �gnated `by the City Mana er ® (Article 1V Administrative Code, 15020 1504 ARTICLE I' CATEGORICAL EXE ,P , WHICH :DO NOT .HAUE:, SIGNIFICANT EFFECT ON THE ENVIRONMENT The fo;llow ng classes of projects do not have a significant effect on th'e° environment and they are. 'declared, to be categorically exempt from the requirement .for the re ara s tion of an EI P P R ° (l) Existing, Facilities of pro This class ..... .. - _,, _ ass con= s �st s o the operation, repair,maintenance or minor . c alteration , of" existing public t o'r private structures, ' facilities, mechanical 'equipment or topographical features involving negligible or ,no expansion of use be ° y,� that re p �riously eXisting, including ludincluding but ond not lm ted to, (a) Interior er ext'eri_or alterations involving such, things as partitions, things interior plumb- and elec ing, trical conveya ° (b;) 'Existi'ng, facilities of both' 'investor, and public y owned utilities ,used to Convey or distribute electric: power, g s, el o natural a s'ewage etc, (c4 'Existing highways' and streets (within already, established rights`- of -,wa sidewalks utters 411 Resolution NO. N. C, S • bicycle and pedestrian trails and similar facilities. (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities or medhati- dal equipment to meet current standards of • public health and safety, unless it it deter- mined that the damage was substantial and re- . sUlted from an environmental hazard such as earthquake, landslide or flood; (e) Additiont to existing structures •: that the addition will not result in an increase or more than 50 percent of the floor area of the structure before the addition .or alteration or 2,500 square feet, whichever it lest; (f) Addition of safety or health protection devices for use during donttructlon of or in conjunc- tion with existing structures, facilities or mechanical equipment or topographical features (including navi.gational devices) where' :these devices do not have or result in an adverse environmental impact; (g) New copy on existing on and off -ptemise signs; (h) Maintenance of existing landscaping, native • growth and water supply reservoirs (ekdlud- - ing the use of economic poisons, as defined, • ln Division 7, Chapter' 2, California Agricultural • Code) ; (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, str'eamfloWs, springs and waterholds and stream c (clearing of • debris) to protect fish and wildlife resources. • • 111 Resolution • Resolution No. N.C.S. (j) Division of existing multiple family rental units into condominiums. (k) Demolition and removal of buildings and re- lated structures except where they are of historical,, archaeological or architectural consequence, as officially designated_by Federal, State or local governmental action. (2) Replacement or Reconstruction. This class of projects consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capa- city as the structure. replaced, including but not limited to: (a) Replacement of reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size and purpose. (3) New Construction of Small Structures. This class of projects consists of construction and location of single, new facilities or structures listed in this notice and installation of new equipment. and facil- ities including but not limited to: (a) Single family residences not in conjunction with the building of two or more such units. (b`) Moteis, apartments and duplexes designed for not more than four dwelling units if not in conjunction with the building of two or more such. structures.. (c) Stores', offices and restaurants if designed -7- • . Resolution No. N.C.S. for an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such constructions. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. (4) ,Minor Alterations to Land. This class of projects consists of minor public or private alterations in the condition of land, water and/or vegetation, in- eluding but not limited to: (a) Grading on land with a slope of less than 10 percent, except where it is to be located in a.waterway, in any, wetland, in an officially designated (by Federal, State or local govern- menta2. action) sonic area, ole, �n;: ®ffi; ally mapped areas of severe geologic hazard. (b) New gardening or landscaping but not including tree' removal. (c) Filling of earth into previously excavated land. with materials compatible with the natural features of the site; (d) Minor alterations in land, water and vegetation on existing officially designed wildlife manage- ment areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production.. (e`) 'Minor temporary uses of land having negligible or no permanent effects on the environment, in- cluding carnivals, sales of Christmas trees, etc. (5) Alterations in Land Use Limitations. This class of projects.consi,sts of minor alterations in land use -8- ;• . 'Res`olution l ±Inl1 g • ° ta�ions except zoning, including but not ' i:m'ited to'. (a ) Minor .lot .1 ine adjustments:,: side yard and .set , back variances not resulting in the creation . of any new parcel nor in any change in land . use or density,; (b) Issuance of minor encroachment peimits. (6) Information: Collection. This class pf project's consists of basic data collection, research, ex . perimental ma and resource e rai,uation ac- tivities which' do not result in a serious major ' disturbance to an environmental resouic e,. These. 'may be strictly information gathering purposes, or as part of a study leading to. 'an action which a public agency `has ;not, yet approved adopted or approved, funded. (7) Regulatory Actions for Protection°of Natural Re- sources. This class., :. of projects consists of actions taken by regula agencies, as authorized by state inance, to assure law or local. ordinance, the maintena ce, restoration or enhancement of a natural resource, including but not limited to wildlife °preservation. •(8) Re•ulator Actions for the Protection of the En- vironment This class s of, projects consists of actions taken by re' y � ,gulatory agencies, °horized by state a, g enc�es as au law or local ° ordinanee, to assure! the maintenance, , protection of the en restoration, enhancement, o vironment, (9). Ins•o,,ections This class of projects• consists of .activities 'limited ° entirely ' to inspection, to check for performance, ,.of ,an operation, or quality, health or safet y of, a proj'ect,, , ;ncl,uding related act °ivtes such as „inspection for possible mislabeling, misrepresentation or adultera•fon o'f' products. -9_ 411 Resottion,No, N.C.S. (10) Loans. This class'of Projects consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, and mortgages for the purchase of existing struc- tures where the loan will not be used for new construction, and the purchase of such 'mortgages IT financial institutions. c11Y Acces Structures. This. class Of PrOiectS tem- sists of cOnstruction or placement of minor structures accessory to (appurtenant to) existing commercial., industrial or institutional facilities, • ' including but not limited to: (a) On-premise (b,) Small parking lots, :(12,)r ,Strplue Government Property. 'Sales. This class of projects consists of sales of surplus government property except for parcels of land located •in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy 'Report of June 1, 1973. (13) Mini2121_11Egjects. This class of projects as A general rule, indlude those activities defined' as projects which are undertaken or approved by a govern - Mentsl. decision which a public officer or public agency makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these Projects, the Officer or Agency must act upon the given facts 'without .regard to his own iudgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation niay re- quire, in some degree, a construct-ion of its language by the officer. -10- 1 Resolution No. ' N.C.S. The determination of whether a project is minis - terial shall be made by the Planning Commission case by case upon the basis of•the presence or absence of discretionary provisions in ordinances governing the review of a project. Absent such discretionary pro- visons, the following actions shall be considered ministerial: (a) Issuance of building permits; (b) issuance of business licenses; (c) Approval of final subdivision.., m aps; . (d) Approval of individual utility service connec -. tons and disconnections. • (e) Approval of parcel map subdivisions. (14) Emergency Projects. This class of projects consists of the following projects carried out in times of sudden and catastrophic calamity caused' by an oc- currence or combination of occurrences of statewide or local impact such as fires, flood, earthquake or other natural disaster, riot, war, accident or sabotage: The following emergency projects are exempt from the requirement for an environmental impact report: ('a) Projects undertaken, carried out or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities dam- aged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with ,Section 8550) of Division 1, Title 2 of the. Government Code. (b) Emergency repairs to public service, facilities necessary to maintain service. -11- Resolution No 4ILS. • (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency. (15) Exception by Location. Categories 3, 4, 5, 6, and 11.are qualified by consideration of where the project is to be • located -- a project that is ordinarily insignificant in its impact on the environment may be significant in a particular - ly sensitive environment. Therefore, these categories are considered to apply in all instances, EXCEPT where the project may impact on any environmental resources of hazardous or critical concern as may hereafter designated, precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. Moreover, all exemptions for these classes are applicable when the'cumulative impact of succes- sive projects of the same type, in the same place, over time is significant, for example, annual additions to an existing building under Category 1. (Article 8, Administrative Code 15100 et seq.) ARTICLE III AUTHORITY Authority of Director of Community Development. The Director of Community Development of the responsible department shall have the authority, in accordance with the standards delineated in the Act and the Guidelines and all applicable ordinances and resolutions of the Board, to make the following decisions: (a) to determine whether or not an action is a project; (b) to determine whether or not the project may have a significant effect ©h environment; (c) to determine whether or not a project is ministerial; (d) to determine whether or not a project is categorically exempt. In the event that the Director of Community Development determines that (1) the action is not a project, or (2) the project cannot, with certainty, have a significant effect on the environment, or (3) the -12- '1 Resolution No. N.®C , S,. project is mi:nis-ter al, or (4) the project i categorical.ly exempt, then ments of t Aet,, the Guid elines, this e s ord %nartcet, and. resole- the re u� re , ' tionsdo not apply. Referral to Planning Com iss °ion a In ,the event that the Director of Community beVelopment determines that (1) the action is a project, and (2) the'project may have a signifi:- cant effect on the environment, and (3) the project is not ministerial, and (4) the project is not categorically exempt, then the Director shall refer the matter to the Commission. Authority of the Planning Commission, The Commission . shall determine, in accorda with the :standards de- lineated in the Act, the Guidelines, and this resolution whether or not a project which would ordinarily be expected to have a significant effect on the environment will have 'n '''signif'ic'ant effect on the environment due to•cir.cumsttnces peculiar to the., specific project. In the event that the Commis'sion'determines that a °project which would ordi- narily be expected to have a significant effect on the environment will have no si nificant effect on the environment, then the g Commission shall direct the Director of Community Development of the respons -ible department to pre- pare z Negative Declaration reflecting the Commission decision. In the event that the Commission determines that the project 'may have a signi- ficant effect on the environment, then the Commission shall notify the Director of the responsible department of the Commission's decision. Negative Declaration - Direc't'or of Communit__ Develomment'•s Responsibility. After receiving notification of the Commission's decision to prepare a Negative Declaration, the Director of Community D'evelcpment shall do so. Negative Declaration_ Notice" to Public. After preparing ,the :Negative Declaration, the Director of Community Development shall file the Negative Declaration with the clerk(s) of the county(ies) in which the project is located. The Director shall further Ne: ative Declar �, � of the : � � on to be posted on p� g � - at� cause at least three copies. the property on or in whi . t=he project is proposed ''to be carried out,. If,, in the judgment of the Director, notice would be better accomplished -13- Resolution No. N.C.S. by posting in the vicinity of the proposed project property, the Director shall cause at least three copies of the Negative Declaration to be posted in the vicinity of the proposed project property rather than on the pro- posed project property. • ARTICLE IV • DETERMINATIONS THAT A PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT 1. •Authority of Planning Commission. The Petaluma Planning,Commi.s: sion is hereby authorized and directed to consider applications, for' determination that a project could not have a significant effect on the environment.. 2. Application.. Any person desiring a determination that any project does, or does not have a significant effect upon the, environ- ment shall complete and file an. Environmental Impact Questionnaire with the Director of Community Development. The Environmental Impact Question- naire :shall'be substantially in accordance with the form approved, by the Petaluma. Planning Commission, which form shall be made available all applicants `by the Director of Community Development. 3. Determination by Director of Community Development. Upon receipt of an Environmental Impact Questionnaire, the Director of Community Development shall, within fifteen (15) days, endorse his written opinion thereon that (1) such said project could not have a significant effect upon the environment, and an Environmental Impact Report will, not be required, or (2') such project could have a signifi- cant effect upon the environment and an 'Environmental Impact Report will be required. The Director shall set forth in writing his reasons for such determination. In the event the Director determines that the project could not . have a significant effect upon the environment, he shall cause the matter to be set for hearing before the Planning Commission not less than ten (10) days nor more than thirty (30) days after making such determination. -14- Resolution No • NS S . • in the event the Director determines that the project could have a significant—effect upon the environment, an Environmental Impact Report must be �, prepared. 'Any such, determination . by the Director shall be . subject to appeal to the Planning Commission in 'accordance with the pro - cedures hereinafter set forth:. Appeals from such 'determinations . shall be set for ' before the Planning Commission not . less than ten (l0) days nor °more than thirty (30) days 'after the filing of a written notice ce of appeal with the Director of Community Development. 4. Hearing by Planning Commission. Hearings before the Planning Commission on whether a project will have significant effect on the environ- pp p g merit shall appear u on, the Planning Commission agenda and be published and noticed in the usual form as agendas are published. At the time of the hearing, the Planning Commission shall consider the Environmental Impact Questionnaire, the written opinion of the Director. of Community Develop- merit together with his reasons, 'the evidence presented at the hearing, and any other information or data which it may wish to consider in order to enable it to make a final determination as to whether the project could have a significant effect upon the environment. If any of the effects of a project may have a substantial' adverse impact on the environment, regardless of whether the overall effect of the project is adverse or beneficial, or if a substantial body of opinion, whether actual or anticipated, considers the effect of a project to be adverse, a finding shall be made that the project could have a significant effect on the environment. At the conclu- sion of the hearing, the Planning Commission shall find and determine (1) that the project will not have. a significant effect upon the environment and should therefore receive a negative declaration, or (2.) that the project will have a 'significant effect upon the environment and that an Environmental Impact Report will be required; Any determination of the Planning Commission shall 'be subject to appeal to the City Council in aco,ordance with the procedures hereinafter ' set forth. : • -15- 1 • • Resolution No. N.C.S. ARTICLE V ENVIRONMENTAL IMPACT REPORTS 1. Planning Commission Determination. The Petaluma Planning Commis - sion is hereby authorized and directed to hear and consider any applica- tion for a determination that a project will or will not have a substan- tially adverse effect upon the .environment. Such determination shall be made upon the basis of the Environmental Impact Report as hereinabove defined and shall include a finding as to the boundaries of the area affected by this project. 2. Amp aications... Any person desiring an environmental review of a project which requires an. Environmental Impact ;Report -may, upon payment of required fees, if any are: established, file with the Direc- tor of Community Development an application for a determination. by the Planning 'Commission that the project, would not have a substantially adverse impact on the environment. 3. Preparation of EIR. Upon receipt of such an application, the Director of Community Development abalI present to the applicant a list of environmental consultants, from which the applicant may choose one. The. Mayor or City Manager shall forthwith contract with an approved environmental consultant. The applicant : shall deposit with the City the estimated, cost of the preparation of the EIR. It shall then be the responsibility of the environmental consultant to prepare a draft EIR. The City shall accept the draft EIR, after independent evaluation, and shall file a Notice of Completion of the draft EIR with the Secretary of the State Department of Public Resources and consult with and secure . the comments of all public agencies which have jurisdiction under law with respect to the project, including but not limited to, the State agencies listed in Appendix B hereto. The final EIR shall be either (1) The draft EIR amended to incorporate the comments of public agencies having jurisdiction; or (2) the. draft EIR together with the comments of public agencies having jurisdiction appended thereto; or (3) the draft EIR amended together with the comments of the public; or (4) a combina- o f all three .i:AIffXX cV -16- se Res9lution No. NC• 411 4. l_b The DireCtor of Community.Develop- ment shall review the till and consult with Such persons as may have special exPertise with respeCt to any environmental impact involved. Reviewing agencies shall be allowed thirty (30) days in which to complete their evaluation of the draft EIR. The'Director of Community Development shall prepare written recommendations and cause the matter to be set for a public hearing before the Planning Commission at their next regular scheduled meeting after receipt of comments from the reviewing agencies on the draft EIR. Notice of the public hearing shall specify that the matter for determination is whether the, project should be certified as having been completed in compliancerwith State guidelines. Such notice shall be given by posting the same in five (5) public places of the City, three GO of which shall be within five hundred (500) feet of the boundaries of the pro- ject or by publishing the same in ,a newspaper Of general - circulation in the City of Petaluma, or both. At. the time of the hearing, the Planning Commission shall .consider the EIR, the written recommendations of the Director of Community Development, such other evidences as may be produced at the hearing, and any other information or data which the Commission believes will be of assistance in making its determination. At the conclu- ,, sion of the hearing, the Planning Commission shall make a recommendation to the Council whether or not to certify that the EIR has been completed in compliance with State guidelines and that the information therein has been reviewed. 5. Action of the Council. Upon receipt of the Planning Commission recommendation, the Council shall review the EIR and shall either certify or reject the same. ARTICLE VI GENERAL PROVISIONS 1. 7\22221a. AnY decision of the Director of Community Development or the administrative staff in connection with any determination concern- ing an environmental review shall be subject to appeal to the Planning Commission. Any,depision or determination .of the Planning Commission concerning an environMental review shall be' subject to appeal to the City Council. Am, appeal may'be taken by the applicant or any interested • -17- Resolution No. ShC.S. • person. Notice of intent to appeal any such determination shall be made in writing, setting forth the reasons for the appeal, .and shall be filed with the Director within ten. (10) days from and after the decision or determination appealed. 2. When Public Hearing is Required. Except where otherwise required herein, the Planning Commission and the City Council shall hold a duly noticed public hearing on any application for an environmental review of a roject when the p ] project, itself would require a, public hearing as a condition to its app-roval.under the ordinances; of the City of Petaluma and shall be given in the manner prescribed in the ordinance,. Nothing in this resolution shall be construed as prohibiting either the Planning Commission or the City Councilfrom requiring a noticed public hearing on any matter coming before it, 3. Only One Environmental Review Required. A project which has once had an envi ronmental " rev :eW, notw ths anding that it may repeatedly come before the City Council, Planning Commission, or other City agencies for various approvals, is notr to have another environmental . review; provided, however, further °environmental reviews must be undertaken where: (a) Substantial changes, are proposed in the project which - will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in the original EIR. (b) There are substantial changes with respect to the circum- stances under which the projec.t is to be undertaken, such as a change in the proposed location of the project, which - will require major revisions in the EIR due to the involvement of new environmental 'impacts not covered in the original EIR. 4. Environmental Review Required. Any project which requires City approval must have an environmental, review prior to the issuance of any permit. 5. Filing of Notices. The Director of Community Development shall; -18- 1 / ) < ' 110 ' 410 Resolution No. N.C.S. immediately following the respective deciSions, file with the Sonoma county • Clerk Negative Declarations and NOtioesof. Determination. NoticeS, of Determination shall include the decision of the Planning Commission to apprOve or disapprove the project, the determination of the Planning Commission whether the project will have a significant effect on the environment, and whether an'EfR'has been prepared Pursuant to the pro- visions of the CEQA. 6. Statement of Overriding Considerations. If a project for which serious adverse environmental consequences have been identified in an EIR is approved, the Director of Community Developmentmay file a statement with the Notice of Determination, identifying the otherlinterests that 1, warrant approval of the project. e-, . • 4, 7. Projects Considered as a Whole. No erv4ronmenta1 shall be carried out on a project which is part of.a,Iarcler:development that has not received an environmental.review. It isthe intention of the City that the environmental impact of projects shall be considered in relationship to the project as a whole and not its separate components. 8. Combined Hearings. Whenever possible, it shall be the policy of the City to combine any hearings required for consideration of environmental impact reports with hearings required under the zoning ordinance or subdivision ordinance when they concern the same project. 9. EIR, The EIR shall contain the detailed statements as re- quired by the CEQA of 1970 as the same now exists or may hereafter be amended. It shall be a complete and impartial evaluation of all environ- mental factors, the negatives as well as the positive. • 10. FEES. The City Council may establish A schedule of fees for the filing and processing of different requests for environmental approval. (Article VI,, Administrative Code, 15060 et seq.) BE IT FURTHER RESOLVED that Resolution No. 6262 N.C.S. be, and the same is hereby repealed. * * * * * * * * * * * * -19- „..„„ • Resolution No. N.C.S. 1 hereby certify that the foregoing resolution was was duly and regularly introduced and adopted by the Council of the City of Petaluma, on the 19th day of February , 1974, by the following Vote: YES: Councilmen gunner, Cavanagh, Jr., Daly, Harberson, A Mattei, Perry, Jr.,. and Mayor Putnam. NOES: None. ABSENT: None. Aill .„„.„ ie. 02 , 'Mayor . - ATTEST: Defy' - 'City - C1ek For more detail and information, Title 14, Division 6 of the California Administrative Code should be consulted. Copies are on file with the Director of Community Develop- ment. References to the Administrative Code are not part of this resolution, but are for information only. ADOPTED this day of , 1974. • 0 -20-