CC Resolution No. 3625
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RESOLUTION ~O. 3625
A RESOLUTIO:; OF TIll: CITY COUI,C1L OF TIlE CITY OF CUPERTINO
AH!::NIJ1NG TIlE C;VIl<O:::!E:;TAL i\SSLSS:!ENT PROC~EDURE AS ORIG-
INALLY ADOPTED ON ~L\RCIl 27, j.973
HlIEREAS) the t)[fice of the Secretary for Resources of California held
hearings to consider amci.1dmc:'.nts to the. State E:lviroTIl:wntal Assessment Guide-
lines; and
HHEREAS, afte.y saiù public hearings, the Se.creu-üy of the State DepartmQnt
of Resources 11GS o£L~cial1y anended Stote Guidelines û.nd ren-larded those am-
ended guidclin0:s to local jurisdictions for their consideration; é'.nd
~.nrEREAS, the City of CUPçrtino has considered these ament!ments as related
to the Environ:nental Assessmcllt Procedure of th2 City of Cupertino;
NOhi, THEREFOREs the City Council of the City of Cupertino does here.by
am0nd the Ellvironn:ental Assesst;~ent Procedure of the CiLy of Cupertino, as set
forth on Exhi.bit IIAIf a:::tached hereto 3:.1c1 t:,aJe a par'.: hereof.
PASSED Ai\D ADOPTED at a regular meeting of the City Council of the Cit.y
of Cupertino this LIth day or }~arch, 19-¡/~, by the :follO\ving vote:
AYE S :
Councihr,en - Frolich, Jackson ~ }Ieyers, Sparks, Invin
t;üES:
Councilmen - None
ABSEXl':
Councilmen - None
APPROVED:
~
.ayor, Ci ty of Cupcrti"o
ATTEST:
be
City Clerk
Exhibit "A"
Res. No. 3625
Amendments to the City of Cupertino Environmental Assessment Procedure:
1. The section labeled "Definitions & General Provisions" is amended to in-
clude the following definitions:
19. Emergency.
The phrase "emergency" means a sudden unexpected occurrence demanding
immediate action to prevent or mitigate loss or damage to life, health,
property) or essential public services.
2. Subsection 8 of the Environmental Irnpact Report contained within the. sec-
tion "Definitions & General Provisions 11 is amended as follows:
8. Find~nJLÈ~Decisionmaker. The decisionmaker shall certify the final
Environmental Impact Report and shall consider the contents of the
report 't-li1en making a decision on the project. After making a de-
cision or.. the project, the decisionmaker shall file a Notice of De-
termination wÜh the County Clerk. Said Notice shall include (1)
a description of the project as propsoed, (2) the decision of the> agency
to approve or disapprove the project, (3) the determination of the agency
whether the project vlill or will not have a significant effect on
the environment, and (4) whether an Environmental Impact Report has
been prepared pursuant to the provisions of CEQA.
Said Notice may contain a statement of overriding considerations.
3. Subsection 3 of the section labeled "Environmental Assessment Procedure"
is amended as follows:
3. Determination of Environmental Review Committee (ERC)
(a) Project will not have a significant impact on the environment.
(1) The Committee shall recommend in ,;ritten form, not exceeding
one page in length, to the appropriate decisionmaker that
a Negative Declaration be filed.
(7.) If the dedsionmaker confirms the findings of the Environ-
mental Review Commit tee, a Negat i ve Declaration shall be
filed with the County Clerk of Santa Clara County at least
ten (10) days prior to final action on the project, to
provide an opportunity for r.1embers of the public to respond
to the findings. S"id Ncgative Declaration shall not ex-
ceed one page in length, and contain the following i.nforma-
tion:
(a) A description of the project as proposed.
(b) Include a finding that the Droject ,;ill not have"
significant impact on the envirunment.
······-··_..,,__·.___.w._...,
(:0) A brief statement of reasons to support the findings.
(d) A brief statement indicating who prepared the initial
study and where a copy of it may be obtained.
(3) Upon wri tten reques t of any member of the public, within
ten (10) days after the filing of the negative declaration,
the final action on the project shall be deferred so t:lat
a period of thirty (30) days shall elapse between the
filing of the Negative Declaration and final action.
(4) After completing the Negative Declaration and upon final
action on the project, the decisionmaker shall file a Notice
of Determination with the County Clerk of Santa Clara County.
Said Notice shall contain the following information:
(a) A description of the project as proposed.
(b) A decision to approve or disapprove the project.
(c) The decision as to whether the project will have a
significant impact on the environment.
(d) Whether an environmental impact report has been ple-
pared.
(b) Project may have a significant impact On the environment.
4. Subsection l(b) of the section entitled "Preparation & Review of Environ-
mental Impact Report" is amended as follows:
The Committee shall make a finding in written form identifying
major areas of concern as related to the project and that it may
have a significant impact On the envinmmel1t. After making
the above finding, the City Council and Planning Conllnission
members of the Committee shall become inactive relative to the
preparation of the Environmental Impact Report.
(b) The Committee shall establish a list of cons~ltants with experience
in the preparation of Environmental Impact Reports. Prior to the
selection of a consultant, the Environmental Review Committee shall
ask the consultant to submit a verified statement listing any prior,
existing or contemplated professional relationships between consult-
ant and the applicant of the project, or those in contractual rela-
tionship with applicant) such as landowner"s or architect.
5. Subsections 4 and 5 of the section entitled "Preparation & Review' of En-
vironmental Impact Report" is amended as follows:
4. Review of~ronmental Imp~_Reports (E~R)
(a) Upon completion of the draft Environme:1tal Impact Report, and
prior to sending copies of the report out for review) the En'-
vircnmental Review Comm::'ttee shall cause a notice to be pub-
lished in a newspaper of general circulation in the City of
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Cupertino, stating that the draft EnvirQnmental Impact Report has
been completed for the project (whose name, nature and location
shall be briefly described), that a copy is available at the
Planning Department in City Hall for review and that written public
com¡nent is invited to be submitted with thirty (30) days of the
publication of the notice. Said notice shall be referred to as
"Notice of Completion". In addition, said Notice of Completion
shall be filed with the Secretary of the Resources Agency. The
Environmental Review Committee shall collect a fee from the
applicant to defray the costs incurred by the publishing of
said notice.
(b) The Environmental Review Coœ~ittee shall cause the draft En-
vironmental Impact Report to be distríbuted to other public
agencies which have jurisdiction by law with respect to the pro-
ject. Said agencies shall have thirty (30) days in ,.¡hich to re-
spond in writing relative to their review of the report.
The draft Environmental Impact Report review period for projects
requiring State review shall equal the review peri04 provided
in the applicable State agency review period.
(c) In the event any public agency or person fails to comment wi th-
in the above specified time, ~.without request for extension of time,
it shall be assumed that the agency or person has no comment.
(d) Upon receipt of ,,'ritten comments, the Environmental Review Como.
mittee shall prepare a written response as follows:
(1) A verbatim or summary account of the comments.
(2) Describe the disposition of significant issues raised by
the cornmen t s .
(3) If the Environmental Review Committee's position is at
variance with recommendations and objections raised in the
comments, the response shall state reasons why specific
comments ana suggestions are not acceptable and what factors
exist which, in the opinion of the Environmental Review
Cornmi ttee, warrant an override of the comments.
(4) The response of the Environmental Review Committee shall
take the form of either a revision to the draft Environmental
Impact Report or of an attachment to the draft Environmental
Impact Report.
5. Public Hearir~~
(a) Before any governmental action may be taken on a project which may
have a significant effect on the environment, a public hearing shall
be held on the Environmental Impact Report for the project. It is
intended that, whenever possible, the public hearing on the Environ-
mental Impact Report will be held in conjunction with, and as a part
of, any other hearing required by State or local Jaw.
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(b) Public notice shall be given DY publishing a notice of the time and
place of the hearing at least once in a newspaper published and cir-
culated in the City of Cupertino, the first publication of which shall
be at least ten (10) days prior to the time set for the hearing.
The ten (10) day time period may run concurrently with the thirty
(30) day period for public and agency review of the draft Environ-
mental Impact Report.
6. Subsection 6 of "Preparation & Review of Environmental Impact Report"
is amended as follows:
6. Actìon of Decisionmaker
The decisionmaker, at the public hearing, shall review and consider
the contents of the final Environmental Impact Report when making its
decision on the project and shall determine whether the project will
or will not have a significant impact on the environment. Upon close
of the public hearing, the decisionmaker shall certify that the final
Environmental Impact Report has been comp12ted in compliance with
CEQA and the State Guidelines, and that the decisionmaker has re-
viewed and considered the information contained in the Environmental
Impact Report.
Upon the final approval or disapproval of the proj ect, the decision-
maker shall file a Notice of Determination with the County Clerk of
Santa Clara County. Said notice shall contain the following infor-
mation:
(a) A description of the project as proposed.
(b) The decision to approve or disapprove the project.
(c) The decision as to whether the project will have a significant
impact on the environment.
(d) Whether an Environmental Impact Report has been prepared,
(e) A statement of any overriding considerations (optional).
7. Subsection (b) of Class 4 of the "Categoric,>]. Exemptions" is amended as
follows:
(b) New gardening or landscaping but not including removal of matnre,
native or exotic trees.
8. Class 7 of the section on "Categorical Exemptions" is amended as follows:
-ºla_s_s_~ Actions by Regulatory Agencies for Protection of Natural Re-
sources. Class 7 consists of actions taken by regulatory agencies as
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authorized by State law or local ordinance to assure the maintenancet
restoration, or enhancement of a natural resource where the regulatory
process involves procedures for protection of the environment. Examples
include but are not limi ted to wildlife preservation activities of the
State Department of Fish and Game. Construction activities are not
included in this exemption.
9. Class 8 of the section on "Categorical Exemptions" is amended as follows:
Class 8: Actions by Regulatory ~gencies for Protection of the Environ-
ment. Class 8 consists of actions taken by regulatory agencies, as auth-
orized by State or local ordinance, to assure the maintenance, restoration,
enhancementt or protection of the environment where the regulatory process
involves procedures for protection of the environment. Construction
activities are not included in this exemption.
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