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Home My WebLink AboutOrdinance #2090 ORDINANCE NO. 20'0 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ARTICLE 972 OF THE HUNIINGTON BEACH ORDINANCE CODE AND ADDING THERETO NEW ARTICLE 972 ENTITLED "ENVIRONMENTAL REGULATIONS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Article 972 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Article 972 entitled "Environmental Regulations" to read as follows : ARTICLE 972 ENVIRONMENTAL REGULATIONS 9720. APPLICATION OF ARTICLE. The purpose of this article is to implement the California Environmental Quality Act of 1970. This article shall apply to all permits or entitle- ments, not otherwise exempt, requiring discretionary action by the City. The City Council shall by resolution adopt policies, objectives, criteria and procedures regulating environmental evaluation of public and private projects . This article and the regulations adopted by resolution provide the basic principles, objectives, criteria, procedures and definitions to ensure consistent implementation of the California Environmental Quality Act . 9721. ESTABLISHMENT OF ENVIRONMENTAL REVIEW COMMITTEE. There is hereby established an Environmental Review Committee consisting of three (3) representatives, with one representative from each of the following departments : Public Works, Building .. and Community Development, and Planning. Committee representa- tives shall be designated by their respective department heads. The Committee shall be chaired by the representative from the Planning Department . A quorum shall require at least two (2) members . 9722. JURISDICTION. The Department of Environmental Resources shall have original jurisdiction to evaluate the environmental impact of: JOC :cs 1. (a) private projects (b) adoption or amendment of: (1) General Plan elements (2) zoning ordinances (3) specific plans (4) projects supported in whole or in part by housing and community development funds. The Environmental Review Committee shall have original jurisdiction for evaluating the environmental impact of other projects . 9723. RESPONSIBILITY OF ENVIRONMENTAL RESOURCES DEPART- MENT. The Director of the Environmental Resources Department shall be responsible for: (a) Preparation and processing of all environmental docu- ments necessary to fully comply with the California Environmental Quality Act et seq, the guidelines of the California State Resources Agency as authorized under the Public Resources Code, Section 21083, and such additional regulations as may be adopted by the City of Huntington Beach; (b) Contracting for private, professional consultation for determining environmental impact subject to the following limita- tions : (1) EIR' s for projects sponsored by the City of Huntington Beach shall not exceed Ten Thousand Dollars ($10,000) . (2) EIR' s for projects sponsored by private persons shall not exceed Fifty Thousand Dollars ($50,000) . (3) Any amounts higher than those stated in (1) or (2) above shall be approved by the City Council . 9724 . ENVIRONMENTAL EVALUATION. Prior to any discretionary approval or carrying out of any project which requires environmental , evaluation, the discretionary body shall first act upon the negative declaration or the environmental impact report . The dis- cretionary body acting on the project may adopt the negative declaration or may reject it and require an environmental impact report . The discretionary body may approve, amend or reject the 2. environmental impact report; or upon determination that the environmental impact report is deficient, the discretionary body may modify the proposed findings and conditions to reflect its independent judgment . 9725 . APPROVAL OR DENIAL OF PROJECT WITH SUBSTANTIAL ADVERSE IMPACT. Where the discretionary body finds that the project or proposal will have a substantial adverse effect on the environment, it shall deny the project , except where it finds : (a) The substantial adverse environmental impact can be attenuated through the imposition of conditions, and it approves subject to imposition of such conditions as reasonably necessary to mitigate against the substantial environmental effect, and that with imposition of conditions, the adverse environmental effect of the project will be minimal, or (b) The substantial adverse impact cannot be reduced to a minimum level through the imposition of conditions, but the adverse environmental consequences are outweighed by substantial benefits to the community, provided that such conditions as reasonably necessary to mitigate against the substantial adverse environmental consequences are imposed at the time of approval of the project including a statement of the reasons of overriding community interest considerations justifying approval of the project . 9726. APPEAL. An appeal may be taken from any decision or determination of the Environmental Review Committee or Depart- ment of Environmental Resources. The appeal shall be in writing and shall be filed with the Director of Environmental Resources within ten (10) days after such decision or determination, and shall specifically state the basis of the appeal. Notice of the hearing shall be given pursuant to Section 9871 of the Huntington Beach Ordinance Code. The appeal shall be heard before the discretionary body which has original jurisdiction over approval of the project, and the appeal shall be heard simultaneously with the discretionary body' s action on the project . 9727. ADMINISTRATIVE FEES. Processing and preparation of environmental documents shall be subject to payment of fees established by Council resolution. SECTION 3. This ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen (15) days after adoption in the Huntington Beach News, a weekly . . 3 newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July , 1976 . ATTEST: ., w �.. ►., ,,, Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM 01 ty Administrator City or APPROVED, INITIATING DEPARTMENT: ��► ,,_ NO FISCAL IMPACT _ZL__... FISCAL IMPACT BUDGETED FISCAL IMPACT -- NOT BUDGETED-- REQUIRES FINANCIAL IMPACT REPORT 4 . i Ord. No. 2090 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the h day of July i92r, , and was again read to said City Council at a regular meeting thereof held on the 19 day of _July 1976 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntinton Beach and ex-officio Clerk of the City Council, do hereby certify thet this ordinance has , been pubCshud in the Huntington Beach News on --------------- In a .v'th inL-c; , 4hj,- er of said City. --.------N-4 A-X__WE (N TH ------ ............... _City Clerk Deput ity Clerk