HomeMy WebLinkAboutCC RESO 13,041RESOLUTION NO. 13,041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING THE CITY'S ADOPTED "BACKGROUND AND GUIDELINES FOR ENVIRONMENTAL
IMPACT REVIEW" (CITY CLERK'S DOCUMENT NO. 55588) BY MODIFYING THE ADMINIS-
TRATIVE PROCEDURES AND DUTIES OF THE ENVIRONMENTAL IMPACT COMMITTEE.
WHEREAS, this City Council as adopted certain "Background and Guidelines
for Environmental Impact Review" as set forth in City Council Resolution #11,763;
and,
WHEREAS, experience has shown that this City's ability to carry out the
mandate of the California Environmental Quality Act, and local environmental
quality objectives, can best be done by modifying the adopted administrative
procedures to simplify the involvement of the Environmental Impact Committee
in routine environmental review administration; and to place more reliance upon
the expertise of professional staff, for making environmental assessments; and,
WHEREAS, the City has recently made other changes in administrative
procedures to bring the offices and departments most frequently involved in
environmental issues into closer working relationships, in a manner now dupli-
cating the role of the EIC as prescribed in said Resolution #11,763;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the adopted "Background and Guidelines for
Environmental Impact Review (City Clerk's Document No. 55588) are herewith
modified and amended, as follows:
1. Section 1-3 is amended to read, "Administration. The Environmental
Impact Committee, and the Environmental Planner when so authorized
by these Guidelines, are empowered to administer the California
Environmental Quality Act of 1970 on behalf of the City of National
City, and to do all things necessary to implement its authority
herewith."
Such implementation of CEQA shall be consistent with the
Guidelines promulgated by the State of California, Secretary of
Resources, in accordance with Section 21083 of the California`
Public Resources Code.
2. a) Section 1-5 is added,to read,
"The City's Environmental Planner shall have authority to:
(1) Find that• certain. projects are "ministerial"; or,-
(2) Find that certain projects offer "no significant effect
upon the environment ... an EIR is not required," and
to issue a negative declaration; or,
(3) Find that certain projects "may have significant effect
... an EIR is required," and to prepare an EIR; or,
(4) Refer any environmental review question, finding or
other procedure to the EIC for final determination or
interpretation.
b) Section 3-11 is added, to read:
"Environmental Planner. A person(s) designated by the City
Manager or Planning Director."
c) Section 4.9 is added, to read:
"Environmental Planner. The City's designated Environmental
Planner(s) shall be responsible for reviewing all 'Initial
Studies' and related project information; shall prepare the
'Analysis & Findings of Environmental Concerns'; and shall
do the administrative work incidental to the fulfillment of
these guidelines."
3. Section 6.1:1 is added, to read:
"Permit Procedures. Wherein National City is the lead agency with
permit authority, these procedures shall apply:
"a) If the nature of the project is specifically identified on
the City's adopted list of 'ministerial' actions or on the
list of 'categorical exemptions' promulgated by the Secretary
of Resources of the State of California, the person charged
with issuing the project permits may proceed with such
issuance without formal environmental review. Said person
may, optionally, file a 'Notice of Exemption.'"
"b) If Item a), above, does not apply, the permit application or
project proposal shall be referred to the Environmental Planner
for determination of environmental review needs [see Item e),
below].
"c) All other permit applications and project proposals require
that an 'environmental assessment form' be completed by the
applicant and submitted to the Environmental Planner. The
format and specifics of the 'environmental assessment form'
shall follow the outline adopted by the City. The form may
be supported by technical information as needed.
"d) The Environmental Planner, and the EIC when acting upon
appeals, shall use the 'environmental assessment form', and
all available information relevant to the permit or project,
in preparing the 'Analysis & Findings (Initial Study).'
"e) The completed 'Analysis & Findings' becomes the City's 'Initial
Study' and will conclude that, either:
(1) The permit or project is ministerial or categorically
exempt; or,
(2) The project is not significant ... that an EIR is not
required and that a negative declaration will be prepared;
or,
(3) The project may be significant ... an EIR is required; or,
(4) The project has unique features that cannot or have not
been adequately discussed in the Initial Study or which
need more specialized review and evaluation by the EIC ...
with Environmental Planner referral to the EIC for action;
or,
(5) The Initial Study is inadequate. Approvals and permits
cannot proceed.
"f) Action taken by the Environmental Planner pursuant to Item 3e,
above, may be appealed to the EIC by any person having informa-
tion relating to the environmental aspects of the permit
application (project). (See also Section 11-17). Such appeals
will stay the effect of all Environmental Planner actions
until the appeal is decided by the EIC.
"g) Whenever the Environmental Planner or EIC find that a 'negative
declaration' is to be made, the Environmental Planner shall
complete those procedures.
"h) All of the above actions taken by the Environmental Planner
shall be reported to the EIC, by brief memo, within five (5)
days. The EIC may appeal that action within 10 days of the
date such action was taken.
The EICshall consider all referrals from the Environmental
Planner and all appeals and. shall ,render a decision according
to these guidelines.
The decision of the EIC will be final, unless within the
following 10 days an appeal pursuant to Item 5, above, is
filed with the City. Such an appeal will stay the EIC's
action being appealed until the appeal has been reviewed by
the EIC. Following such review, the EIC shall render a final
decision consistent with these guidelines.
"j) When the reviews and actions required, above, by the Environ-
mental Planner and/or EIC have been completed, and where a
'negative declaration' is ordered, the Environmental Planner
shall post or publish a negative declaration. The method of
posting or publishing will be chosen by the Environmental
Planner to sufficiently communicate the subject information
to the public, pursuant to these and State of California
environmental review guidelines.
Not less than 10 days after such posting or publication,
the Environmental Planner shall file a Notice of Determination.
In the absence of appeals, permits may then be issued and
project approvals confirmed."
4. a) Subsection 3-1.1 is added to read,
"Analysis & Findings. Documentation prepared by the Environmental
Planner to reflect the administrative findings leading to the
completion of an Initial Study."
b) Section 6-2 is amended to change "EIC" to "EP."
c) Section 6-3 is amended to add "EP" to "EIC."
AND FURTHER RESOLVED
Attached to this Resolution is an "Exhibit A ... Environmental
Review Flow Chart" that supersedes the "Flow Chart" attached to
City Clerk's Document #55588.
AND FINALLY RESOLVED
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of May,`v•79.
ATTEST:
MAYO