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1972/10/30 City Council Resolution (2)RESOLUTION NO. 72-144 I RE ,SOLUTION OF THE CITY OF ROHNERT PARK ESTABLISHING PROCEDURES FOR COMPLIANCE WITH THE REQUIREMENTS OF THE ENVIRONMENTAL QUALITY ACT OF 1970. WHEREAS, the California Legislature has enacted into law the Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) hereinafter "EQA", and WHEREAS, the EQA required, inter alia, that ". . local governmental agencies shall make an environmental impact report on any project they intend to carry out which may have a signi- ficant effect on the environment . . .", and WHEREAS, in a decision filed on September 21, 1972, entitled "Friends of Mammouth, tt al, vs. Board of Supervisors of Mono County et al", the California Supreme Court interprested the EQA Rs extending to private projects requiring public approval, and WHEREAS, it has therefore become necessary to develope a procedure which will enable the City to decide whether proposed projects will have a significant effect on the environment and, if so, to prepare an],.�, ,Environment Impact Report. NOW4 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE DEFINITIONS When used in this resolution the following words and phrases "PROJECT"--A project is any construction, land development, "ENVIRONMENTAL APPROVAL"--A.project has received aM significant effect upon the environment (1) if it would involve a large scale alteration of existing environmental components such as air, water, land, land configurations, plant or animal food chains and habitats, or (2) if it would create substantial altera- tion of the physical, chemical or biological properties of the air, water, or land in a manner contrary to the promotion of the health, safety or welfare of a substantial number of persons or to the balance of the ecological resources, or (3) if it would do irrevocable harm to the esthetic amenities of an area or resource. "SUBSTILNTIALLY ADVERSE I14PACT ON THE ENVIRONMENT " - -A project has a substantially adverse impact on the environment where the adverse environmental effects of the project outweigh the benefits of the project to the public health, safety and welfare. "ENVIRONMENTAL IMPACT QUESTIONNAIRE" (E.IQ)--An Environmental 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. The question- naire shall be substantially in accordance with a form approved by the Planning Commission and made available to all applicants through the Planning DirectOr. "ENVIRONMENTAL IMPACT STATEVIENT"(EIS)--An Environmental Impact Statement is a statement made in writing by an applicant for use by the City in the preparation of an Environmental Impact Report on a particular project. The statement shall be substantially in accordance with a form approved by the Planning Commission, which form shall be made available to all applicants through the Planning Director. It may include such additional information as applicant EXEMPTION--PROJECTS WHICH DO NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT The City Council hereby finds and determines that the follow- ing projects will not have a significant effect on the environment: 1. An application for a building permit, plumbing permit, electrical permit, or other municipal permit to partially recon- struct or repair an existing structure provided such construction or repair does not substantially change the size, use, or location of said structure, and said structure conforms to local zoning regulations. 2. An application for a building permit to construct an accessory building such as a garage, tool shed, greenhouse, or other improvement which is accessory to and subordinate to any existing single family residence. 3. An application for a building -P ermit to construct a single ,permit family residence on land which has been improved to City standards with curb, gutter, sidewalk and street paving prior to such applica- tion and which has the proper zoning to support the application requested. ARTICLE III will have a significant effect upon the environment, an Environ- mental Impact Report must be prepared. Any such determination by the-Planning Director shall be subject to appeal to the Planning Commission in accordance with the procedures hereinafter set forth. Appeals from such determinations shall be set for hearing before the Planning Commission not less than ten (10) days nor more than thirty (30) days after the filing of a written notice of appeal with the Planning Dliector. 4. Hearing by Planning Commission. Hearings before the Planning Commission on whether a project will have significant effect on the environment shall be public when required by Article V, Paragraph 2 of this resolution. Notice of public hearing, when required, shall be given as hereinafter provided. At the time of the hearing the Planning Commission shall consider the Environmental Impact Questionnaire, the written opinion of the Planning Director together with his reasons, the evidence 'presented at the hearing, and any other information or data which it may wish to consider to the City Council in accordance with the procedures hereinafter Rasiatel�A 1. Planning Commission Determination. The Rohnert Park Planning Commission is hereby authorized and directed to hear and consider any application for a determination that a project will or will not have a substantially 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. Application. Any applicant desiring an environmental approval for a project which requires an Environmental Impact Report shall file with the Planning Director an Environmental Impact Statement which shall be in substantial conformance with a form approved by the Planning Commission, which form shall be made available to any applicants by the Planning Director, together with such other information as the applicant may desire. 3. Planning Director's Recommendation.- Upon receipt of an Environmental Impact Statement, the Planning Director shall Prepare written recommendations and cause the matter to be set for a public hearing before the Planning Commission not less than ten (10) days nor more than thirty (30) days after receipt of the statement. Notice of the public hearing shall specify that the matters for determination are the boundaries of the area affected by the project and whether the project will or will not have a substantially adverse effect upon the environment. Such notice shall be given by posting the same in five public places in the City, three of which shall be within 500 feet of the boundaries of the project and by publishing the same in a newspaper of general circulation in the City of Rohnert Park. At the time of the hearing the Planning Commission shall consider the Environmental Impact Statement submitted by the applicant, the written recom- mendations of the Planning Director, such other evidence 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 conclusion of the hearing the Planning Commission shall make a determination of the boundaries of the area affected by the project and of whether the project will or will not have a substantially adverse effect upon the environment. Any decision of the Planning Commission is subject to appeal to the City Council as hereinafter provided. ARTICLE V GENERAL PROVISIONS 1. Appeals. Any decision of the Planning Ditectpr or the administrative staff in connection with any determination concerning an environmental approval shall be subject to appeal to the Planning Commission. Any decision or determination of the Planning Commission concerning an environmental approval shall be subject to appeal to the City Council. An appeal may be taken by the applicant or any interested 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 Planning 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 approval of a project when the project itself would -7- require a public hearing as a condition to its approval under the ordinances of the City of Rohnert Park 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 Council from requiring a noticed public hearing on any matter coming before it. 3. 2ply One Environmental Approval Required. Only one environmental approval shall be required, for any project, nothwith- standing that it may repeatedly come before the City Council, Planning Commission, or other City Agencies for vaiious approvals tic It t&1_11-11 A" 4­1� 1-1-&-a6 cc/ tl,, (Illustration.- In the case of a dev"elopment6'plan'Qer a Planned Development zoning which has received an environmental approval, no additional environmental approval will be required for any subsequent request for a tentative map, final map, use permit or building permit, which is a part of the Development Plan which had received environmental approval.) 4. Environmental Approval Required.. Any project which requires City approval must have an environmental approval prior to the issuance of any permit. 5. Projects Considered as a Whole. No environmental approval policy of the City to combine any hearings required for environmental approval with hearings required under the zoning ordinance or sub- division ordinance when they concern the same project. 7. Fees. The City Council may establish a schedule of fees for the filing and processing of different requests for environ- MUISMI�� a M. DULY AND REGULARLY ADOPTED this 30th day of -October , CITY OF ROHNERT PARK B Mayor AYES: (5) Councilmen Beary, Flores, Hopkins, Smith, and Roberts NOES: (0) None ABSENT: (0) None ATTEST: Deputy