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HomeMy WebLinkAbout73-25 3 4 6 7 9 10 11 13 14 15 16 17 18 19 2O 2-2 24 28 3O 31 RESOLUTION NO. 73-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF O~[C:!~,!AI. U~:IAH TO I~PLE~ENT THE ENVIRON~NTAL QUALITY ACT OF 1970 (PUBLIC RESOURCES CODE 21000 ET SEQo) WHEREAS, the California Supreme Court decided the case of Friends of Mammoth et al. vs. Board of Supervisors of Mono County. et al., on September 21, 1972; and WHEREAS, said decision requires that the Environmental Quality Act of 1970~ as set forth in Sections 21000 et seq. of the Public Resources Code of the State of California be applied to heretofore non-applicable private activities for which a government permit or other entitlement for use is necessary; and WHEREAS, said Act requires that a written Environmental Impact Report, that satisfies Sections 21100 et seq. of the Public Resources Code, be filed before the governmental entity reaches its ultimate decision; and WHEREAS, the Supreme Court stated, " .... under the act a governmental entity is only required to find that the project may have a significant effect on the environment before the impact report provisions become operativeS; and WHEREAS, this resolution is to establish policy for all City agencies in the implementation of the Act. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ukiah hereby adopts the following policy to guide all City departments involved in environmental protection programs: 1. Responsibility: It shall be the responsibility of the City of Ukiah Planning Commission to insure that all projects, public or private, which require Environmental Impact Reports under the Environmental Quality Act of 1970, have said report submitted to the appropriate department, commission or board, prior to said commission or board's decision. The report shall be prepared by City staff from information supplied by applicant, from field observation and study of effected area. 2. Environmental Impact Reports-Forms: Effective immediately, there shall be filed with the City of Ukiah Planning Commission Staff, or other appropriate City department (Building Department)~ an Environmental Impact Statement that has been completed by the applicant seeking city action which requires a permit or -1- 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 26 27 28 3O 31 other entitlement. Said Statement shall be filed at the time of filing preliminary documents and must include answers to all items set forth in the Environmental Impact Statement forms provided by the City. 3. Filing Report: The Planning Commission Staff shall then prepare a written Environmental Impact report which shall be filed with the applicants record for submittal to the Planning Commission at the time of hearing and prior to their final decision. Said report shall satisfy all of the requirements of the Environ- mental Quality Act of 1970. 4. Notice: At the time of filing the Environmental Impact Report, the Planning Commission Staff shall mail notices to all adjacent owners or interested parties that said report has been filed and that they have ten (10) days to respond in writing to the Planning Commission, setting forth their objections or favorable comments based on the negative or positive environmental effects of the private activity. 5. Hearing: If the applicant for City action is required to have a hearing before the Planning Commission prior to the issuance of a permit or other entitle- ment, the Planning Commission shall also hear the Environmental Impact Report as filed by the staff. The Environmental Impact Report shall become a part of the record of the Planning Commission. If the applicant for City action is not required to have a hearing before the Planning Commission, prior to the issuance of a permit or other entitlement, and there is an objection filed, pursuant to Section 4, to the governmental action because of the adverse environmental impact of the project the staff shall then set a hearing date at which time the Planning Commission shall determine if the permit shall issue. If no objections are filed within the period prescribed in Section 4, the permit shall issue. 6. Appeal: The decisions of the Planning Commission regarding Environ- mental Impact Reports are final unless written request for an appeal hearing, before the City Council, is received by the City Clerk within ten (10) days following the Planning Commission decision. 7. Exemptions: Except in unusual circumstances the hereinafter listed -2- 4 6 7 II 9 10 13 14 16 17 18 ~4 3O 31 items, are hereby deemed not to have a significant impact on the environment: 1) Residential construction, other than subdivision, where the unit is a single family dwelling, duplex, tri-plex or quad-plex and of one story construction. 2) Additions to existing structures when said addition does not exceed by more than 50% the area of the existing structure; not to include adding additional stories to structures. 3) Exterior or interior remodeling. 4) Reconstruction of destroyed buildings where the new construction does not exceed the size of the destroyed building by more than 50%. 5. Mobile home siting not to include trailer courts or mobile home parks. The foregoing resolution was introduced by Councilman Norgard who moved for its adoption, seconded by Councilman Simpson ,and passed and adopted this 15th day of November, 1972, by the following roll call vote: AYES: Councilmen Weinkauf, Norgard, Simpson, Pearson NOES: Mayor Buxton ABSENT: None ATTEST: City Clerk -3- ENVIRONMENTAL IMPACT STATEMENT (To be filled out by Applicant) NAME OF APPLICANT: ADDRESS: TELEPHONE: Ie PHYSICAL DATA A. Nature of proposed construction: B. Size of proposed construction' (Square feet of ground covered) C. Size of lot or land parcel upon which construction is proposed: D, Number, size and nature of additional buildings on lot or land parcel upon which construction is proposed: II. ENVIRONMENTAL DATA A. Nature of present land use on lot or parcel upon which construction is proposed- B. Nature of present land use of surrounding land: -1- C. Present zoning of lot or parcel upon which construction is proposed: 1o Could the project significantly change present uses of the project area? 2. Could the project significantly change present uses of land outside the project area? 3. Could the project affect the use of a recreational area or area of important aesthetic value? 4. Could the project affect the functioning of an established community? 5. Could the project result in the displacement of community residents ? 6. Are any of the natural or man-made features in the project area unique, that is, not found in other parts of the county, state, or nation? 7. Could the project significantly affect a known historical or archaelogical site or its setting? 8. Could the project significantly affect the poten- tial use, extraction, or conservation of a scarce natural resource? 9. Does the project area serve as a habitat, food source, nesting place, source of water, etc. for rare or endangered wildlife or fish species? 10. Could the project significantly affect fish, wildlife, or plant life? 11. Are there any rare or endangered plant species in the project area? 12. Could the project change existing feature of any of the region's lagoons, bays, or tidelands? 13. Could the project change existing features of any public beaches in the county? Yes No -2- 14. Could the project result in the erosion of outside property? 15. Could the project serve to encourage development of presently undeveloped areas or intensify development of already developed areas? 16. Will the project require a variance from establ- lished environmental standards (air, water, noise, etc.), and/or adopted plans? 17. Will the project require certification, authori- zation or issuance of a permit by any local, state, or federal environmental control agency? 18. Will the project require issuance of a variance or conditional use permit? 19. Will the project involve the application, use, or disposal of hazardous materials? 20. Will the project involve construction of facilities in a flood plain? 21. Will the project involve construction of facilities in the area of a known active fault? 22. Could the completed project result in the generation of significant amounts of noise? 23. Could the construction of the project result in the generation of significant amounts of dust? 24. Could the completed project result in the generation of significant amounts of dust? 25. Will the project involve the burning of brush, trees, construction materials, etc.? 26. Could the project result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, offshore.) Yes No -3- D. Proposed action to mitigate unfavorable environmental impact: E. Alternatives to proposed construction: Statement of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section II, but still think the project will have no significant environmental effects, indicate your reasons below. DO NOT WRITE BELOW THIS LINE Conclusions Place a check in the appropriate box. It has been determined that the project will not have significant environmental effects. It has been determined that the project could have significant environmental effects. An environmental impact statement will be submitted on (approximate date). By -4- (Planning Director, Building Official, etc.)