HomeMy WebLinkAbout84-05 - Amended State Guidelines to Implement Environmental Quality ActRESOLUTICN NO. 84-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING THE AMENDED
STATE GUIDELINES TO IMPLEMENT THE CALIFORNIA
ENVIRCNMENTAL QUALITY ACT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
TMT, WHEREAS, the Planning Commission has reviewed and considered the
amended State Guidelines and recommended adoption of the new text; and
WHEREAS, the City Council has reviewed and considered the amended
Guidelines for the implementation of the California Environmental Quality
Act (CEQA); and
WHEREAS, adopting the amended Guidelines will insure compliance with
and further promote the intent and policies of the California Environmental
Quality Act; and
WHEREAS, adopting the amended Guidelines will help to promote and
implement the environmental goals and policies of the General Plan of the
City of Costa Mesa; and
WHEREAS, a provision of the amended State CEQA Guidelines allows local
governments to adopt the amended Guidelines by reference, provided that the
local government's implementing procedures are specified;
NOW, THEREFORE, BE IT RESOLVED that it has been determined that said
amendment could not have a significant adverse effect on the environment
and, therefore, is exempt from the California Environmental Quality Act.
BE IT FURTHER RESOLVED that the City Council does hereby adopt by
reference the amended State CEQA Guidelines filed in the Office of the City
Clerk, which became effective August 1, 1983, with the following implement-
ing procedures:
1. The following responsibilities are delegated to the Planning
Division Staff:
(a) Determining whether or not projects are exempt from CEQA process-
ing;
(b) Conducting initial studies of environmental impact;
(c) Deciding whether or not projects require a Negative Declaration,
Expanded Negative Declaration, or an Environmental Impact Report;
(d) Preparing Negative Declarations;
(e) Preparing Draft and Final Environmental Impact Reports, Expanded
Negative Declarations, or contracting for the preparation of
these environmental documents;
(f) Implementing the following procedures for the preparation and
financing of Environmental Impact Reports, Expanded Negative
Declarations, and Negative Declarations:
(1) A $50.00 fee will be charged to prepare a Negative Declara-
tion;
(2) Planning Division Staff shall send Requests for Proposal to
at lease three (3) consultants and shall select a consultant
based on scope and quality of work proposed and proposed
cost;
(3) Planning Division Staff shall maintain and periodically
update a list of qualified Environmental Consultants;
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(4) The applicant shall bear all costs incurred, including, but
not limited to, cost of consultant input and actual cost
(direct and indirect) of Planning Division Staff time spent
on preparing and processing Environmental Impact Reports and
Expanded Negative Declarations;
(5) If the Planning Division Staff prepares a Draft Environ-
mental Impact Report or an Expanded Negative Declaration,
the applicant shall deposit an amount equal to the cost of
any consultant input, plus an estimate of Staff costs;
(6) If the Environmental Impact Report or Expanded Negative
Declaration is to be prepared by a consultant, after the
awarding of the contract and prior to commencement of
preparation of the environmental document, the applicant
shall deposit with the City an amount equal to the contract
amount, plus ten (10) percent. If these funds are depleted
prior to canpletion of the Draft Environmental Impact Report
or the Expanded Negative Declaration, additional deposits
shall be required of the applicant;
(7) After the Draft Environmental Impact Report is accepted, or
the Expanded Negative Declaration is adopted, any unused
monies will be refunded to the applicant. This refund shall
be initiated by Staff; applicants shall not be required to
officially request the refund.
(g) Consulting with and obtaining comments frau other public agencies
arra the public with regard to environmental effects of a project;
(h) Insuring that CES time periods are adhered to and that adequate
public review of environmental documents is afforded;
(i) Evaluating and responding to comments on environmental documents
or contracting for the preparation of responses;
(j) Evaluating and commenting on environmental documents received
fram other agencies;
(k) Filing notices required or authorized by CEQP, and the State CEQP,
Guidelines;
(1) Updating Costa Mesa's environmental guidelines in response to
State legislation and amendments to State Guidelines.
2. The decision-making body reserves the following responsibilities:
(a) Reviewing and considering a Final EIR or adopting a Negative
Declaration prior to approving a project;
(b) Making a written finding (s) for each significant environmental
effect identified in an EIR prior to approving a project, accon-
panied by a brief explanation of the rationale for each finding;
(c) Preparing in writing a statement of overriding consideration(s)
for projects approved that will create a significant environ-
mental effect(s);
(d) Requiring an advisory body, such as the Planning Commission, to
make a recanenendation on a project to the decision-making body;
the advisory body shall also review and consider the EIR,
Expanded Negative Declaration, or Negative Declaration in draft
or final form.
PASSED AND ADOPTED this 3rd day of January, 1984.
ATTEST:
y Clerk of the City of Cos Mesa Mayor of the City of Costa Mesa
STNTE OF CALIFOITIA )
COLNTY OF ORANGE ) ss
CITY OF COSTR MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Resolution No. 84-5 was duly and regularly passed and adopted by
said City Council at a regular meeting thereof, held on the 3rd day of
January, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 4th day of January, 1984.
. p
ity Clerk and ex -officio Clerk of he
City Council of the City of Costa sa