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RESOLUTION NO. ~/- %fX
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AMENDING RESOLUTION NO. 73-41 SO
AS TO CONFORM THE GUIDELINES FOR IMPLEMENTA-
TION OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT OF 1970 THEREIN SET FORTH TO STATE OF
CALIFORNIA REQUIREMENTS
Whereas, the City Council of the City of Ukiah previously adopted Resolu-
tion No. 73-35 implementing the Environmental Quality Act of 1970; and
Whereas, said Act, as recently amended, requires that Local Agencies
adopt guidelines which are consistent with those guidelines adopted by the
State Secretary of Resources; and
Whereas, the City Council of the City of Ukiah adopted Resolution No.
73-41 adopting guidelines consistent with State of California guidelines; and
Whereas, the State of California guidelines, as developed by the State
Secretary of Resources, have been amended therefore requiring amendment of the
guidelines found in City of Ukiah Resolution No. 73-41.
Now, Therefore, It Is Hereby Resolved that the City Council of the City
of Ukiah adopts the following amended sections so that the local guidelines
are consistent with State of California guidelines, as amended.
ARTICLE I
Section 4(a) Applicant. Applicant means a person who proposes to carry out
a project which needs a lease, permit, license, certificate, or
other entitlement to use or financial assistance from one or
more public agencies when that person applies for the govern-
mental approval or assistance.
Section 4(a) of Resolution No. 73-41 becomes Section 4(a)(1).
Section 4(f) is amended to read as follows:
Emer~e~cz. Emergency means a sudden, unexpected occurrence
demanding immediate action to prevent or mitigate loss or
damage to life, health, property, or essential public services.
Section 4(g)(1) Environmental Documents. Environmental documents means Draft
and Final EIR's, Initial Studies, Negative Declarations, Notices
of Completion, and Notices of Determination.
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Section 4(h)(2) is amended by deleting the "and" between the numbers "3 and 4"
found in the first sentence of said section; substituting a
comma therefore and adding "and 5" after the number "4".
Section 4(j)(1) Initial Study. Initial study means a preliminary analysis
prepared by the lead agency pursuant to Article 2, Section 1 to
determine whether an EIR or a Negative Declaration must be pre-
pared.
Section 4(k) is amended to read as follows:
~ead Agency. Lead Agency means the public agency which has the
principal responsibility for preparing environmental documents
and for carrying out or approving a project which m~y have a
significant effect on the environment.
Section 4(1) is amended by adding to that section, within the definition of
Local Agency, districts and school districts.
Section 4(n) ~e~ative Declaration. Negative declaration means a statement by
the lead agency briefly presenting the reasons that the project,
although not otherwise exempt, would not have a significant
effect on the environment and therefore does not require an EIR.
Section 4(r)(3) The term "project" refers to the underlying activity and not
to the governmental approval process.
Section 4(t) Responsible Agency. Responsible agency means a public agency
which proposes to undertake or approve a project, but is not
the lead agency for the project. It includes all public agencies
other than the lead agency which have approval power over the
project.
Section 6(a) is amended by deleting therefrom the period and adding the phrase
"unless the project is otherwise exempted by these Guidelines."
Section 6(b) is amended by deleting the period from the 4th sentence of said
section and adding the phrase "or Negative Declaration.
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Section (9)
section is further amended by deleting the term "EIR" from the
last sentence of said section and substituting therefore the
term "environmental document." A further amendment of Section
6(b) is to add thereto and after the 3rd sentence of said section
the following:
·
"If information is provided in the form of a draft EIR, the City
may not use the draft EIR as its own without independent evalua-
tion and analysis. The draft EIR which is sent out for public
review must reflect the independent judgment of the City. The
City should require an applicant to specify to the best of his
knowledge which other public agencies will have approval author-
ity over the project.
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Lead Agency Principle. Where a project is to be carried out or
approved by more than one public agency (only one public agency
shall be responsible for preparation of environmental documents)
and it will be the Lead Agency. Such environmental documents
will be prepared by the Lead Agency in consultation with all
other responsible agencies. The Lead Agency's environmental
documents shall be the environmental documentation for all re-
sponsible agencies. Such responsible agencies shall consider
the Lead Agency's EIR or negative declaration prior to acting
upon or approving the projects, and they shall certify that their
decision-making bodies have reviewed and considered the informa-
tion contained in them.
Section (10)(d) is amended to read as follows:
Where the provisions of subsections (a), (b), and (c) leave two
or more public agencies with an equal claim to be the lead agency
the public agencies may by agreement designate which agency will
be the lead agency.
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Section (10)(1) is added to read as follows:
Designation of Lead A~ency ~y Office of Plannin~ and Research.
(a) In the event that the designation of a Lead Agency is in dis-
pute, the following criteria shall apply:
(1) Public agencies should consult with each other in an
effort to resolve the dispute prior to submitting it to
OPR.
(2) If an agreement cannot be reached, any public agency
involved m.~y submit the dispute to the OPR for resolu-
tion.
(b) Regulations adopted by OPR for resolving lead agency disputes
may include the following:
(1) Submission of written statements to OPR and other dis-
puting public agencies;
(2)Certification by OPR that a Lead Agency dispute exists;
(3) Publication of notice that a dispute has been submitted
to OPR:
(4) Determination of the dispute on the basis of written
statements or by a hearing.
(c) Designation of a Lead Agency by OPR shall be based on con-
sideration of the criteria in Section 10 as well as the
capacity of the agency to adequately fulfill the requirements
of CEQA.
Section (ll)(b) is amended by deleting the period from the last section of
said sentence and adding the phrase "or Negative Declaration."
Section (ll)(d) is amended to read as follows:
"After completing the draft EIR or Negative Declaration, the
Lead Agency shall also consult with other Public agencies having
jurisdiction by law and shall consult with persons having
Special expertise in the area of concern."
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ARTICLE 2
Section (2)(c) is amended by deleting therefrom the phrase "include the follow-
ing'' and substituting therefore the phrase "include a change
that".
Section (2)(c)(9) is amended to read as follows:
"Could expose people or structures to major geologic hazards."
Section (4)(a) is amended to read as follows:
~egative Declaration. A Negative Declaration shall be prepared
for a project which could potentially have a significant effect
on the environment, but which the lead agency finds on the basis
of an Initial Study will not have a significant effect on the en-
vironment.
(a) A Negative Declaration must include a brief description of
the project as proposed, a finding that the project will not
have a significant effect on the environment, a brief state-
ment of reasons to support the findings, and a statement in-
dicating who prepared the initial study and where a copy of
it may be obtained. The Negative Declaration should normally
not exceed one page in length.
(b) The Negative Declaration shall be made available to the
public with sufficient time before the project is approved
to provide an opportunity for members of the public to re-
spond to the finding.
(c) After making a decision to carry out or approve the project,
the lead agency shall file a Notice of Determination with a
copy of the 'Negative Declaration attached. The Notice of
Determination shall include the decision of the agency to
approve or disapprove the project, the determination of the
agency whether the project will have a significant effect
on the environment, and a statement that no EIR has been
prepared pursuant to the provisions of CEQA.
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(1) If the lead agency is a state agency, the Notice of
Determination shall be filed with the Secretary for
Resources.
(2) If the lead agency is a local agency, the Notice of
Determination shall be filed with the county clerk of
the county or counties in which the project will be
located.
Section (5)(a) is amended by inserting the phrase "draft and" following the
word its in the last sentence of said section.
Section (6)(b) is amended by deleting the phrase "article 9" from the 1st
sentence thereof and substituting the phrase "article 4". Said
section is further amended by deleting "Sections 15141, 15142,
and 15143" and substituting "sections 2, 3 and 4 of Article 4".
Said section is further amended by adding thereto the following:
"Where the EIR will be reviewed through the state review process
handled by the State Clearinghouse, a Notice of Intent will be
completed and filed with the State Clearinghouse. The Notice of
Intent will serve as the Notice of Completion, and no Notice of
Completion need be sent to the Resources Agency.
Section (6)(f) is amended to read as follows:
The final EIR shall be presented to the decision-making body of
the lead agency. The lead agency shall certify that the final
EIR has been completed in compliance with CEQA and the state
guidelines and t'hat the decision-making body or administrative
official having final approval authority over the project has re-
viewed and considered the information contained in the EIR.
Section (6)(g) is amended to read as follows:
After making a decision on the project, the lead agency shall
file a notice of action taken on the project. This notice shall
be referred to as a Notice of Determination. Such notice shall
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include (1) the decision of the agency to approve or disap-
prove the project, (2) the determination of the agency whether
the project will or will not have a significant effect on the
environment, and (3) a statement that an EIR has been pre-
pared pursuant to the provisions of CEQA.
(1) If the lead agency is a state agency, the Notice of Deter-
mination shall be filed with the Secretary for Resources.
(2) If the lead agency is a local agency, the Notice of Deter-
mination shall be filed with the county clerk of the
county of counties in which the project would be located.
Section (6)(h) is added to read as follows:
"Any EIR which has been completed or on which substantial work
has been performed on or before February 15, 1974, in compliance
with procedures of the City consistent with CEQA and these Guide-
lines as adopted, shall be deemed to be in compliance with these
Guidelines.
ARTICLE 3
Section (2)(f) is amended by deleting therefrom the phrase "where these devices
do not have or result in an adverse environmental impact; and
substituting a period therefor.
Section(5)is amended by inserting following the word vegetation the phrase
"which do not involve removal of mature, scenic trees except
for forestry and agricultural purpose;
Section (5)(b) is amended by deleting the phrase "but not including tree re-
moval "and substituting a period therefore.
Section (5)(f) is added and reads as follows:
"Minor trenching and backfilling where the surface is restored."
Section(8) is amended to read as follows:
Class 7: Actions by Regulatory Agencies for Protection of
Natural Resources. Class 7 consists of actions taken by regu-
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latory agencies as authorized by state law or local ordinance to
assure the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for
protection of the environment. Examples include but are not
limited to wildlife preservation activities of the State Depart-
ment of Fish and Game. Construction activities are not included
in this exemption.
Section (9) is amended by adding thereto the following sentence:
"Construction activities are not included in this exemption."
Section (11) is amended to read as follows:
Class 10. Loans. Class 10 consists of loans made by the Depart-
ment of Veterans Affairs under the Veterans Farm and Home Pur-
chase Act of 1943, mortgages for the purchase of existing
structures where the loan will not be used for new construction
and the purchase of such mortgages by financial institutions.
Class 10 includes but is not limited to the following examples:
(a) Loans made by the Department of Veterans Affairs under the
Veterans Farm and Home Purchase Act of 1943.
(b) Purchases of mortgages from banks and mortgage companies
by the Public Employees Retirement System and by the State
Teachers Retirement System.
Section (12) is amended to read as follows:
Class 11: Accessory Structures. Class 11 consists of construc-
tion, or placement of minor structures accessory to (appurtenant
to) existing commercial, industrial, or institutional facilities
including but not limited to:
(a) On-premise signs;
(b) Small parking lots.
Section (13) is amended to read as follows:
Class 12. Surplus Government Property Sales, Class 12 consists
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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~
Section (14) is amended to read as follows:
Relation to Ministerial Proje~t_{s. Section 21080 of the Public
Resources Code as added by Chapter 1154, Statutes of 1972, ex-
empts all ministerial projects and activities of public agencies
from application of the CEQA. The matter of what is or is not a
ministerial project is up to the determination of each public
agency, based on an examination of the applicable laws and
ordinances. Thus, while the Categorical Exemptions listed in
this subsection contain classes or examples of projects which in
many cases will be ministerial, the inclusion of them is in no
way intended to imply any finding here that, in any particular
jurisdiction, they are ministerial or discretionary. The ex-
emptions, naturally, only apply where the project in question is
found to be discretionary.
Section (15) is added to read as follows:
Exception by Location. Class 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 in a particularly sensitive environment be significant.
Therefore, these classes are considered to apply in all instances
EXCEPT where the project may impact on an environmental resource
of hazardous or critical concern as may be hereafter designated,
precisely mapped, and officially adopted pursuant to law by
federal, state or local agencies. Moreover, all exemptions
for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time
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is significant-- for example, annual additions to an existing
building under Class 1.
ARTICLE 4
Section (2)(c) is amended by deleting the period and adding the phrase "and
supporting public service facilities."
Section (5)(1) is added to read as follows:
"Water Quality!As~. With respect to water quality aspects
of the proposed project which have been previously certified by
the appropriate state or interstate organization as being in
substantial compliance with applicable water quality standards,
reference to the certification should be made."
Section (7) is added to read as follows:
~e~ree of Specificity. The degree of specificity required in an
EIR will correspond to the degree of specificity involved in the
underlying activity which is described in the EIR.
(a) An EIR on a construction project will necessarily be more de-
tailed in the specific effects of the project than will be an
EIR on the adoption of a local general plan or comprehensive
zoning ordinance because the effects of the construction can
be predicted with greater accuracy.
(b) An EIR on projects such as the adoption or amendment of a
comprehensive zoning ordinance or a local general plan should
focus on the secondary effects that can be expected to follow
from the adoption, but the EIR need not be as detailed as an
EIR on the specific construction projects that might follow.
(c) The requirements for an EIR on a local general plan or ele-
ment thereof will be satisfied by the general plan or ele-
ment document, i.e~, no separate EIR will be required, if:
(1) the general plan addresses all the points required to
be in an EIR by Article 9 of these guidelines and (2) the
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document contains a special section or a cover sheet identi-
fying where the general plan document addresses each of the
points required.
Article 5 is amended to read as follows:
ARTICLE 5. Evaluation of Environmental
Impact Reports
Section (1) A.dequate Time for Review and Comment. The city shall provide
adequate time for other public agencies and members of the public
to review and comment on an EIR that it has prepared.
(a) At the time the city completes its draft EIR it shall cause
to be published, in a newspaper of general circulation, a
public notice stating that the document is available for
public review. Said notice shall state the review period,
said period to be established by the Director of Planning.
But in no event shall the review period be less than 30 days
nor should it be necessary that the period exceed, except
in unusual situations, 90 days.
(b) A review period for an EIR does not require a halt in other
planning activities related to a project. Planning should
continue in conjunction with environmental evaluation.
(c) Reviewers should focus on the sufficiency of the EIR in
discussing possible impacts upon the environment, ways in
which adverse effects might be minimized, and alternatives
to the project, in light of the intent of the act to provide
decision=makers with useful information about such factors.
Section (2) Failure to Comment. If any public agency or person who is con-
suited with regard to an EIR fails to comment within a reasonable
time as specified by the City, it shall be assumed, absent a re-
quest for a specific extension of time, that such agency or
person has no comment to make.
Section (3) ~e~uests for Environmental Documents. The City, after preparing
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Section (4)
an EIR or other environmental document described in these
Guidelines, is responsible for making such documents avail-
able to the public for inspection. Members of the general
public requesting copies of the EIR or other environmental
document may be charged for the actual reproduction costs.
Public Hearing__s. At the time the City holds its regular public
hearings relating to the approval or disapproval of a proposed
project, a draft EIR shall be considered at the same time.
Notice of the regular public hearing shall give notice of the
consideration of the draft EIR.
PASSED AND ADOPTED this 6th day of February, 1974,
followin9 roll call vote-
AYES: Councilmen Weinkauf, ?earson, Mayor Simpson
NOES: Councilman Buxton
ABSENT: Councilman Norgard
by the
ATTEST:
Mayor
Cfty Cler~
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