HomeMy WebLinkAboutCALIFORNIA ENVIRONMENTAL QUALITY ACT - CEQA - 06-4-1990 TO 0 Authorized to Publish Advertisements of all kinds including
public notices by Decree of the Superior Court of Orange
County, California, Number A-6214, September 29, 1961, and
A-24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
---I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal clerk of the ORANGE COAST DAILY -- -- __
PILOT, a newspaper of general circulation, i#PUBLIC NOTICE,:�,
LEGAL;ORDINANGE
printed and published in the City of Costa Mesa, ORDINANCE N0:;8052
County of Orange, "AN ORDINANCE I".gTHE
State of California, and that CITY- =OF„HUNTINOTON
BEACH AMENDINO`�,JTHE
attached Notice is a true and complete copy as HUNTINGTON BEACt�OR-
DINANCE j CODE By 4 RE-
was printed and published in the Costa Mesa, PEALING; ARTICLE _972
THEREOF, AND"ADDING
Newport Beach, Huntington Beach, Fountain THERETO NEW�I CLE
970 -`ENTITLED"•'EN-
Valley, Irvine, the South Coast communities and VIRONMENTAL REGU-
LATIONS".
Laguna Beach issues of said newspaper to wit I SYNOPSIS:
52
the issue(s) of: th Ordinance 30
amends the Huntington
tingtoonn
Beach Municipal Code by
adding Article 970 entitled
"Environmental Regu-
lations" to Implement the
California Environmental
Quality Act.This will be for-
AUguS t 29, 1990 warded to the California
Coastal Commission for ap-
prove, and Incorporation
Into the City's Local Coastal
Program: Implementing Or-
dinances.
Article 970-Environmen-
tal Regulations contains the
following sections:.
Sections:
9700 General Pr6v1116na.
1 9701 Environmental Pro-
cessing.
9701.1 Administrative
Fees.
9702 Environmental
Assessment Committee Es-
tablished.
9702.1 Committee Mom-
bership.
9702.2 Duties.
9703 Environmental De-
termination.
I declare, under penalty of perjury, that the 9704 M l t l g a t,o n.
Measures.
foregoing is true and correct. porn 9 Program.
and'
Reporting Pro r
9705 Appeal.
THE FULL TEXT OF THE
Au US t 2 9, ORDINANCE lS 'AVAIL-
Executed on g 199 ABLE IN THE CITY
' CLERK'S OFFICE
at Costa Mesa, California. ADOPTED:'by the City
Council of the City of Hunt-
Ington Beach at a regular
` meeting held Monday,
u August 20, 1990,by the fol-
lowing roll call vote:
AYES: Councilmembers:
Signature MacAllister, Winchell,
Green, Bannister, 'Silva,
Erskine
NOES: Councllm_embers:
none
ABSENT: Coun-
cilmembers:Mays
CITY,OFHUNTINGTON
PROOF OF PUBLICATION :Coils B%ckwer�Clty'
Clerk:. - =
Publlshed. Orange Coast
Daily Pllot_August 29,1990
" W130
APPROVED BY CIT
DiO& T FOR CITY COUNCIL ACTION
19--
Date
� August 6, 1990
_ �
Submitted to: Honorable Mayor and City Council Members
Submitted by:
Michael T. Uberuaga, City--Administrator��
Prepared by: Michael Adams, Director of Community Developme t
Subject: CODE AMENDMENT NO. 89-10 - ENVIRONMENTAL REGULATIONS
Consistent with Council Policy? ( ] Yes [ ] New Policy or Exception 44
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE•
Transmitted for your consideration is Code Amendment No . 89-10,
which repeals Article 972 - of the Huntington Beach Ordinance Code
and adds new Article 970, Environmental Regulations . The code
amendment was reviewed and approved by the Planning Commission on
February 6, 1990 .
RECOMMENDATION•
Motion to : "Adopt Ordinance 3 O soL to repeal Article 972
of the Huntington Beach Ordinance code and add new Article 970
entitled Environmental Regulations" .
Planning Commission action on February 6, 1990 :
ON MOTION BY MOUNTFORD AND SECOND BY ORTEGA, THE PLANNING COMMISSION
VOTED TO APPROVE CODE AMENDMENT NO. 89-10 WITH THE FOLLOWING
FINDINGS AND RECOMMEND ADOPTION BY THE CITY COUNCIL BY THE FOLLOWING
VOTE:
AYES: Mountford, Ortega, Bourguignon, Williams, Shomaker,
Kirkland, Leipzig
NOES: None
ABSENT: None
ABSTAIN: None
FINDINGS FOR APPROVAL:
1. Code Amendment No. 89-10 creates regulations consistent with
the California Environmental Quality Act and the policies of
the City Council .
2 . Code Amendment No. 89-10 establishes procedures to ensure
developments will comply with the goals and policies of the
General Plan and State law.
Staff recommendation is identical to that of the Planning Commission.
PI 0 5/85
ANALYSIS•
Code Amendment No. 89-10 intends to revise and update the
environmental regulations to implement policies of the City Council
and the California Environmental Quality Act. The code amendment
also proposes to renumber the article to facilitate the future
completion of the Division 9 rewrite.
The principle changes to the environmental regulations are the
following :
Rename and define the membership of the Environmental
Assessment Committee to include one staff member each from
the Departments of Community Development, Public Works and
the City Attorney' s Office.
Establish an appeals procedure for decisions of the
Environmental Assessment Committee.
Delete language which reiterates State law requirements .
ENVIRONMENTAL STATUS:
This project is covered by Negative Declaration No. 89-24 which was
adopted by the City Council on October 16, 1989 .
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
1. The City Council may modify Code Amendment No. 89-10 as desired;
or
2 . Deny Code Amendment No. 89-10 .
ATTACHMENTS:
1. Ordinance
2 . Staff reports dated November 21, 1989, and February 6, 1990
MTU:MAP:kla
/dZ ''/e./;;�
J ,`
ORDINANCE NO. 3052
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 972 THEREOF, AND ADDING THERETO
NEW ARTICLE 970 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 970 entitled "Environmental
Regulations , " to read as follows :
ARTICLE 970
ENVIRONMENTAL REGULATIONS
Sections•
9700 General Provisions .
9701 Environmental Processing .
9701 . 1 Administrative Fees .
9702 Environmental Assessment Committee Established .
9702 . 1 Committee Membership.
9702 . 2 Duties .
9703 Environmental Determination.
9704 Mitigation Measures .
9704 . 1 Monitoring and Reporting Program.
9705 Appeal .
9700 GENERAL PROVISIONS. The purpose of this article is to
implement the California Environmental Quality Act of 1970,
hereinafter referred to as "CEQA. " The provisions of this article
shall apply to all permits or entitlements , not otherwise exempt,
requiring discretionary action by the City in matters covered by
CEQA. 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,
-1-
objectives , criteria, procedures and definitions to ensure
consistent implementation of CEQA.
9701 ENVIRONMENTAL PROCESSING. The Director shall be responsible
for .
(a) Preparation and processing of all environmental documents
necessary to comply fully with CEQA, the guidelines of the
California State Resources Agency as authorized under the
Public Resources Code §21083 , et . seq and such additional
regulations as may be adopted by the City of Huntington Beach
relating thereto;
9701. 1 ADMINISTRATIVE FEES. Processing and preparation of
environmental documents shall be subject to payment of fees
established by Council resolution.
9702 ENVIRONMENTAL ASSESSMENT COMMITTEE ESTABLISHED. There is
hereby established an Environmental Assessment Committee referred to
hereinafter as the "Committee . "
9702 . 1 COMMITTEE MEMBERSHIP. The Committee shall be composed of
three members . The membership shall consist of the Director of
Community Development, the Director of Public Works , and the City
Attorney, or a designated representative of each. A quorum shall
require at least two (2) members .
9702 .2 JURISDICTION DUTIES. The duties of the Committee shall be
to assess the probable environmental impact of all discretionary
projects, determine the appropriate environmental documentation
required for compliance with the CEQA, and to make recommendations
to the discretionary body to adopt or deny a negative declaration or
environmental impact report , consistent with state and local law.
9703 ENVIRONMENTAL DETERMINATION. Prior to any project approval ,
the discretionary body shall first act upon the negative declaration
or the Environmental Impact Report (EIR) . The discretionary body
acting on the project may adopt the negative declaration or may
reject it and require an environmental impact report . The
discretionary body may certify the Environmental Impact Report or
reject it, if deemed incomplete.
9704 MITIGATION MEASURES. Any feasible change or alteration to the
project which avoids or substantially lessens the significant
environmental impact as identified in the negative declaration or
final EIR shall be incorporated as a condition of _ approval. imposed
upon the project . The condition of approval shall also describe the
time period and the manner in which the mitigation measure must be
satisfied.
9704 . 1 MONITORING AND REPORTING PROGRAM. The City requires a
5 > reporting or monitoring program be prepared to ensure compliance of
mitigation measures during project implementation. The project
applicant shall be responsible for ensuring completion of the
program and shall submit to the City reports indicating the status
of compliance., The City may obtain or require an independent
analysis of any completed reports submitted as required by a
mitigation measure. The cost of the analysis shall be paid by the
project applicant .
-2-
Prior to final inspection, the monitoring program report shall be
completed and accepted by the City. A separate report may be
: . � required for each phase of a project constructed in phases .
9705 APPEAL. Any decision of the Committee may be appealed to the
discretionary body which has original jurisdiction over approval of
the project as provided in this code . The appeal shall be in
writing stating specifically the basis of the appeal, filed within
ten (10) calendar days after such decision and accompanied by the
filing fee set by resolution of the city Council . Notice of the
hearing shall be given pursuant to this code. The appeal shall be
hard prior to the discretionary body' s action on the project .
SECTION 3 . This ordinance shall take effect thirty (30) days
after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th day
of August 1990 .
Mayo -Te re
ATTEST: APPROVED AS TO FORM:
C%Od i�?'r�li
City Clerk City Attorn 64A/V
REVIEWED AND APPROVED: INITIATED AND APPROVED:
S �I
City Admini-strator Director of Community
Development
-3-
r 1 -
4'�1
Ord. No 2052
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I , CONNIE BROCKWAY, 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 therof held on the 8th day of August
19 90 and was again read to said City Council at a regular
meeting therof held on the 20th day of August . , 1990 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Bannister, Silva, E ski n
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
City Clerk and ex-offici Clerk
of the City Council of the City
of Huntington Beach, California
J
huntington. beach department of community development
SYAf f
. -REPORT
TO: Planning Commission
FROM: Community Development
DATE: February 6, 1990°
SUBJECT: CODE AMENDMENT NO. 89-10 (APPROVED AT NOVEMBER_ 21, 1989
PLANNING' COMMISSION MEETING)
APPLICANT: City of Huntington Beach
LOCATION City=wide
REQUEST: To amend and- renumber Article 972, Environmental
Regulations, of the Huntington Beach Ordinance Code.
1 . 0 QENERAL INFORMATION:.
At the Planning Commission meeting November 21., 1989, Code Amendment
No. 89-1.0 was approved as modified. The modifications included:
a. Change committee name to- Environmenta-1 Assessment Committee.
b. Indicate composition of Committee-..
C. Include language allowing the discretionary body to amend an
environmental. impact report . Staff has. not= made this change,
however., since further research. indica•tes that the California
Environmental Quality Act (CEQA) does not allow- the- report to
be amended- by the. discretionary- body.. Only the p-r.o.ject may be
amended. by the imposition of mitigation. measures as conditions
of approval which will lessen. the- proj`ect-"s neg:at1ve impact on
the environment.
d. Require phased_ monitoring for p•roj.ects. developed_ in more than
one period of time..
The Planning. Commis.s.ion requested the draft be modi.f.ied• with. the
above items and returned. for final approva.l .
. Code Amendment No. 8:9-10,- as modified,. was reviewed by- the Planning
Commission on .January 9, 1990.. Add_itiona.l. comments resulted in
revisions to clarify and eliminate, inconsistencies in the text .
Revisions include:
a. Correction. to committee name in. title- of Section 9702,
Environmental Assessmen.t.. Committee Esta•b-lished.
A92tL
.opooeF A-F M-23C
b. Modify reference to designated representatives in Section
9702 . 1, Membership.
C. Change of verb in text from "identifies" to "determines" be
consistent with topic of S.9704, Environmental Determination.
d. Identify source of S. 9704 . 1 and clarify meaning of
subsection (b) . This section is from CEQA .(see attached) .
Other agencies which may have responsibility of a project
include Coastal Commission, Fish and Game, State Lands
Commission, CalTrans, etc. Subsection (b) refers to another
agency which may need to revise its overall master plan or
policy if a mitigation measure is carried out .
e. Section 9705. 1, Monitoring and Reporting Program section
revised to reflect State Law AB 3180 (attached) .
2 . 0 RECOMMENDED ACTION:
Accept Code Amendment No. 89-10 as revised and refer to the City
Council for adoption.
ATTACHMENTS:
1 . Draft Ordinance
2 . CEQA Guidelines exerpt
3 . AB 3180 1
HI:kla
Staff Report - 2/6/90 -2- (4413d)
huntington beach department of community development
STA f f
Ep®R
TO: Planning Commission
FROM: Community Development
DATE: November 21, 1989
SUBJECT: CODE AMENDMENT NO. 89-10 (CONTINUED FROM NOVEMBER 7,
1989 PLANNING COMMISSION MEETING)
APPLICANT: City of Huntington Beach
LOCATION: City-wide
REQUEST: To amend and renumber Article 972, Environmental
Regulations, of the Huntington Beach Ordinance Code.
1. 0 SUGGESTED ACTION:
Approve Code Amendment No. 89-10 with findings and forward to the
City Council for adoption.
2 . 0 GENERAL INFORMATION:
Code Amendment No. 89-10 is a request by Community Development
Department to amend, update, and renumber Article 972, Environmental
Regulations .
3 . 0 ENVIRONMENTAL STATUS:
This project is covered by Negative Declaration No. 89-24 which was
adopted by the Planning Commission on September 6, 1989, and the
City Council on October 16, 1989 .
4 . 0 ANALYSIS•
. Code Amendment No. 89-10 is intended to revise and update the
environmental regulations to implement policies of .the City Council
J and the California Environmental Quality Act. The code amendment
also proposes to renumber the article to facilitate the future
completion of the Division 9 rewrite.
The principle changes to the environmental regulations are the
following :
Redefine the membership of the Environmental Review
Committee to include one staff member each from the
Departments of Community Development, Public Works and the
City Attorney' s office.
ALAN&A � D,
A-F M-23C
Establish an appeals procedure for decisions of the
Environmental Review Committee.
Establish minimum findings for significant effects
identified in an EIR.
Clarify the purpose of a Statement of Overriding
Considerations .
Add language consistent with new legislation (AB 3180)
requiring monitoring and reporting of compliance with
o mitigation measures .
5 . 0 RECOMMENDATION:
Staff recommends that the Planning Commission approve Code Amendment
No. 89-10 and forward the proposed ordinance to the City Council for
adoption based upon the following findings :
FINDINGS FOR APPROVAL:
1 . Code Amendment No. 89-10 creates regulations consistent with
the California Environmental Quality Act and the policies of
the City Council .
2 . Code Amendment No. 89-10 establishes procedures to ensure
developments will comply with the goals and policies of the
General Plan and State law.
6 . 0 ALTERNATIVE ACTION:
A. The Planning Commission may modify Code Amendment No. 89-10 as
desired; or
B. Deny Code Amendment No. 89-10 with findings .
ATTACHMENTS:
1 . Draft Ordinance
HS:SP: kla
Staff Report - 11/21/89 -2- (3962d)
Authorized to Publish Advertisements of all kinds including .
public notices by Decree of the Superior Court of Orange
County, California, Number A-6214, September 29, 1961, and
A-24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal cleric of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation, PUBLIC NOTICE
printed and published in the City of Costa Mesa, NOTIdE'OF.`
PUBLIC HEARING
County of Orange, State of California, and that CODE AMENDMENT
attached Notice is a true and complete copy as NO_89-10
(Environmental
Regulations)
was printed and published in the Costa Mesa, NOTICE-IrIS HEREBY
GIVEN that the.Huntington
Newport Beach, Huntington Beach, Fountain Beach City Council will hold
a public hearing In the Coun-
Valley, Irvine, the South Coast communities'and cll Chamber-at the Hunt-
Ington Beach Civic,Center,
Laguna Beach issues of said newspaper to wit 2000 Main street, Hunt-
ington Beach,California,on
the issue(s) of: lcedeltci aadat bowo retime
nd
consider the statements of
all persons who wish to be
heard relative to the appli-
cation described below.
r DATE%T,IMEs' „Monday,
`Tiny 26 , 1990 August
:00 PM
APPLICATON7NUMBER:
Code Amendment No.89-10
APPLICANT:City of Hunt-
ington Beach
LOCATION:'City-wide
ZONE:All`districts
REQUEST: To repeal!
Article 972 of the Huntington
Beach Ordinance Code and.
add new Article 970, En-
vironmental Regulatlonst
which'Implement the Cali-!
fornia Environmental Qualityi
Act.
ENVIRONMENTALi
STATUS: Negative Declar-
ation No.89-24
COASTAL STATUS: Fol-
lowing- _City- Council:-.ap-
proval, Code 'Amendment:
No.89-10 will be forwarded
to the California Coastal
Commission for approval
declare, under enalt of er u , that the and incorporation into me'
P Y P 1 rY clty's Local. Coastal Pro-'
foregoing is true and correct. gram: Implementing Ordi-
nances.
ON FILE: A copy of the.
proposed request Is on file In
Executed on July 26, 99 0 the Community: De0elop
ment Department, 2000
Main Street, Huntington
at Costa Mesa, California. Beach.California 92648,for,
Inspection by the public.
ALL INTERESTED PER-1
SONS are Invited-to attend-
)qyrrJ0i,, said hearing-,:and .express
!'opinion or'submit evidences
Signature for or against the application;
as outlined above. It there'
are any questions or further:
details necessary, please'
contact Susan Pierce;-As-
sociate Planner at 536-5271.
Dated:July 23, 1990
3o ` V G City of Huntington
ton
o Beach, Connla Brockway,
PROOF OF PUBLICATION Huntington Beach _Clly
Clerk- F /
Published Orange Coast
Daily Pilot July.26,=1990
1.
•
76
�� /"
APPROVED BY CITY COUNCIL
DROVED REQUE T FOR CITY COUNCIL ACTION
June 4 , 1990
CITY CLERK Date
Submitted to: Honorable Mayor and City Council Members Z
Submitted by: Michael T. Uberuaga, City Administrato,
Cl)
Prepared by: Michael Adams, Director of Community Development C)m
omrn
<
Subject: RESOLUTION NO. 6ill9 : SHORTENED REVIEW PERIODS FORS. 'K
ENVIRONMENTAL DOCUMENTS PREPARED PURSUANT TO THE
CALIFORNIAENVIRONMENTAL QUALITY ACT (CEQA) o
Consistent with Council Policy? [v/] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE•
On January 1, 1990, Assembly Bill (AB) 886 took effect . AB 886
amended several sections of the California Environmental Quality Act
(CEQA) relating to public notice requirements and public review
periods . Among the new requirements are new mandatory time periods
for public review of draft environmental impact reports and negative
declarations .
The Bill also requires that any requests for shortened review
periods be made by the lead agency' s decision-making body, or by a
person designated by the decision-making body by ordinance or
resolution. Resolution No. 4-111 would designate the Director of
Community Development as the person authorized to request shortened
public review periods from the State Clearinghouse for projects
where the City of Huntington Beach is the lead agency and the City
Council is the decision-making body.
RECOMMENDATION.
Approve Resolution No. designating the Director of. Community
Development as the person authorized to request shortened review
periods for environmental documents prepared pursuant to the
California Environmental Quality Act (CEQA) .
ANALYSIS•
Previous Requirements :
Section 15073 of CEQA Guidelines previously stated that the noticed
public review period for a negative declaration "shall be long .
enough to provide members of the public with sufficient time to
respond to the proposed finding before the negative declaration is
approved" [Section 15073(a.) ] . The City of Huntington Beach provided
for a standard review period of ten (10) days . Section 15073 . also
previously stated that, "When a negative declaration is submitted to
the State Clearinghouse for review by State agencies, the public
Plo 5/85
review period shall be not less then thirty (30) days unless a
shorter period is approved by the State Clearinghouse" [Section
15073 (d) ] . No restrictions were stated as to which members of the
lead agency could request a shortened review period. Staff has
routinely made such requests when appropriate.
Section 15087 of CEQA Guidelines previously stated that review
periods for draft environmental impact reports "should not be less
then thirty (30) days nor longer than ninety (90) days from the date
of the notice (of completion) , except in unusual situations . The
review period for draft environmental impact reports for which a
State agency is the lead or a responsible agency, shall be at least
forty-five (45) days, unless a shorter period is approved by the
State Clearinghouse" [Section 15087(c) ] . No restrictions were
placed on which members of the lead agency could request a shortened
review period. Staff has routinely made such requests when
appropriate.
New Requirements Pursuant to AB 886
AB 886 amends Sections 15073 and 15087 of the Guidelines to require
that the minimum time limits for public review of draft
environmental documents as follows : Thirty (30) days for an
environmental impact report unless it is sent to the State
Clearinghouse for review in which case the minimum review time is
forty-five (45) days, and twenty-one (21) days for a negative
declaration unless it is sent to the State Clearinghouse for review
in which case the minimum review period is thirty (30) days .
AB 886 adds sections to the Guidelines mandating that requests for
shortened review periods be made only by the lead agency' s
decision-making body (Planning Commission or City Council, depending
on the related entitlements) , or by a person designated by the
decision-making body by ordinance or resolution. Any person so
designated must report any requests made for shortened review to the
decision-making body.
Staff is recommending that the City Council designate the Director
of the Department of Community Development as the person authorized
to request shortened review periods for environmental documents when
the City Council is the decision-making body. The director could
request 30 days for an EIR or 21 days for a negative declaration.
The Planning Commission, on March 6, 1990, designated the Director
of Community Development as such for projects where the Planning
Commission is the decision-making body. Such designation will help
to expedite large projects and to obtain a response from the State
Clearinghouse in a timely manner.
FUNDING SOURCE:
Not applicable.
RCA - 5/7/90 -2- (5476d)
ALTERNATIVE ACTION:
The City Council may:
1. Designate an alternative member of City Staff as the person
authorized to request shortened review periods for environmental
documents; or
2. Do not adopt Resolution No. thereby requiring that the
City Council request shortened review periods when necessary.
ATTACHMENTS:
1. Resolution No. /44f
2 . Assembly Bill 886
MTU:MA:LP: lab
RCA - 5/7/90 -3- (5476d)
RESOLUTION NO. 6149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DESIGNATING THE DIRECTOR OF
THE DEPARTMENT OF COMMUNITY DEVELOPMENT AS
THE PERSON AUTHORIZED TO REQUEST SHORTENED REVIEW
PERIODS FOR ENVIRONMENTAL DOCUMENTS PREPARED PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, Assembly Bill 886 took effect on January 1, 1990, and
Assembly Bill 886 amends California Environmental Quality Act
hereinafter referred to as "CEQA, " Guidelines Sections 15073 and
15087 regarding minimum review periods for environmental documents
prepared pursuant to the CEQA, and
Assembly Bill 886 mandates that the minimum time limits for
public review of environmental documents prepared pursuant to the
CEQA are now as follows : 30 days for an environmental impact report
unless it is sent to the State Clearinghouse for review in which
case the minimum review time is 45 days, and 21 days for a negative
declaration unless it is sent to the State Clearinghouse for review
in which case the minimum review period is 30 days , and
Assembly Bill 886 mandates that requests for shortened review
periods must be made by the lead agency' s decision-making body or by
a person designated by that body by ordinance or resolution, and
For projects for which the City of Huntington Beach is the lead
agency and the City Council is the decision-making body, a
designated person authorized to request shortened review periods by
the State Clearinghouse is in the interest of expediting projects ;
NOW, THEREFORE, BE IT RESOLVED that the Director of Community
Development is hereby designated as the person authorized to request
shortened review periods for environmental impact reports and
-1-
4
negative declarations from the State Clearinghouse pursuant to the
-� CEQA.
Pursuant to the requirements of Assembly Bill 886 , when the
Director requests a shortened review period, the City Council shall
be informed of such request at the next regularly .scheduled meeting .
PASSED AND ADOPTED BY the City Council of the City of Huntington
Beach, California at a regular meeting thereof held on the . 4th day
of June 1990 .
J
Mayor Q�
ATTEST: APPROVED AS TO FORM:
Ole
City Clerk City Attorney 16,0A0
REVIEWED AND APPROVED: INITIATED AND APPROVED:
14. It /I t4A^V
City Administrator Direct r of Community
Development
3==1 -2-
i
6149
;1 Res. No. 6149
J
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of 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 resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 4th day
of June 1990 by the following vote: -
:_._. AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City er an ex-offictt Clerk
of the City Council of the City
of Huntington Beach, California
Assembly Bill No. 8W Ch. 907 —2— 61
local agencies and school districts for certain costs mandated by the
CHAPTER 9M state. Statutory provisions establish procedures for making that
ri reimbursement.
An act to amend Sections 21089,21092,21104,and 21153 of,and to This bill would provide that no reimbursement is required by this
s add Sections 21091, 21092.2, and 21092.3 to, the Public Resources act for a specified reason.
Code, relating to environmental quality.
�• The people of the State of California do enact as follows.-
(Approved by Governor September 25, 1989. Filed with
Secretary of State September V, 1989.1 SECTION I. Section 21089 of the Public Resources Code is
LEGISLATIVE COUNSEL'S DIGEST amended to read:
AB 886, Cortese. Environmental quality. 21089. A lead agency may charge and collect a reasonable fee
(1) The California Environmental Quality Act authorizes a public from any person proposing a project subject to this division in order
agency to charge and collect a fee from a project proponent in order to recover the estimated costs incurred by the lead. agency in
to recover its costs in preparing a negative declaration or preparing a negative declaration or an environmental impact report
environmental impact report. for the project and for procedures necessary to comply with this
This bill would provide for the lead agency to charge and collect division on the project. Litigation expenses,costs, and fees incurred
those fees and would provide that a lead agency may also charge and in actions alleging noncompliance with this division under Section
' 21167 are not recoverable under this.section.
collect a fee from a project proponent for procedures necessary to
comply with the act, except for specified expenses. SEC. 2. Section 21091 is added to the Public Resources Code, to
(2) Existing law does not establish specific time periods for public read:
review of a draft environmental impact report or negative 21091. (a) The public review period for a draft environmental
declaration. impact report shall not be less than 30 days. When the draft
' This bill would establish specified periods, and provide for the environmental impact report is submitted to the State Clearinghouse
=� for review, the review period shall be at least 45 days.
establishment of shorter periods by the Office of Planning and Research. (b) The public review period for a negative declaration shall not
_
(3) Existing law requires a public agency to provide public notice be less than 21 days. When the negative declaration is submitted to
that it is preparing an environmental impact report or negative the State Clearinghouse for review, the review period shall be at
declaration within a reasonable time prior to its final adoption. least 30 days.
This bill would require that notice to specify the comment period, (c) When a draft environmental impact report or a negative
date,time, and place of hearings,a brief description of the proposed declaration is submitted to the State Clearinghouse for review, the
project and its location, and other specified information. public review period established by the lead agency shall be at least
The bill would require those and other specified notices to be as long as the period of review by the State Clearinghouse.The lead
mailed to persons who have requested notice, would provide agency shall consider any comments on a draft environmental
procedures for requesting notice, would authorize a fee to be impact report or proposed negative declaration,which are received
charged for the costs of providing this service,except to other public by the State Clearinghouse within the public comment period
agencies,and would require certain notices to be posted in the office established by this section.
of the county clerk, as specified. (d) (1) Criteria for shorter review periods by the State
(4) Existing law requires a lead agency to consult with responsible Clearinghouse for documents which must be submitted to the State
and specified public agencies prior to completing an environmental Clearinghouse shall be set forth in the written guidelines issued by
impact report. the Office of Planning and Research and made available to the
This bill would additionally require the lead agency to consult with public.
any city or county which borders on a city or county within which (2) Those shortened review periods shall not be less than 30 days
the project is located. for a draft environmental impact report and 21 days for a negative
(5) By imposing new duties on local agencies under (2), (3),and declaration.
(4), above, the bill would impose a state-mandated local program. (3) Any request for a shortened review period shall only be made
(6) The California Constitution requires the state to reimburse in writing by the decisionmaking body of the lead agency to the
Office of Planning and Research. The decisionmaking body may
designate by resolution or ordinance a person authorized to request
-3— Ch. 907 Ch. 907 —4—
a shortened review. Any designated person shall notify the This subdivision does not apply to any project for which notice has
decisionmaking body of this request. already been provided as of the effective date of Assembly Bill 58 of
(4). Any request approved by the State Clearinghouse shall be the 1989-90 Regular Session in compliance with this section as it
consistent with the criteria set forth in the written guidelines of the existed prior to that effective date.
Office of Planning and Research. (c) The notice requirements of subdivision (b) apply to both of
-,(5) A shortened review period shall not be approved by the Office the following:
of Planning and Research for any proposed project of statewide, (1) The construction of a new facility.
regional, or areawide environmental significance as determined (2) The expansion of an existing facility which burns hazardous
pursuant to Section 21083. waste which would increase its permitted capacity by more than 10
(6) Any approval of a shortened review period shall be given prior percent. For purposes of this paragraph, the amount of expansion of
to, and reflected in, the public notice required pursuant to Section an existing facility shall be calculated by comparing the proposed
21092. , ._ facility capacity with whichever of the following is applicable:
SEC.3. Section 21092 of the Public Resources Code,as amended (A) The facility capacity approved in the facility's hazardous
by Chapter 141 of the Statutes of 1989, is amended to read: waste facilities permit pursuant to Section 25200 of the Health and
21092. (a) Any public agency which is preparing an Safety Code or its grant of interim status pursuant to Section 25200.5
environmental impact report or a negative declaration shall provide of the Health and Safety Code, or the facility capacity authorized in
public notice of that fact within a reasonable period of time prior to any state or, local agency permit allowing the construction or
final adoption by the public agency of the environmental impact operation of a facility for the burning of hazardous waste, granted
report or negative declaration. The notice shall specify the period before January 1, 1990.
during which comments will be received on the draft environmental (B) The facility capacity authorized in the facility's original
report or negative declaration, and shall include the date, time, and hazardous waste facilities permit,grant of interim status,or any state
place of any public meetings or hearings on the proposed project, a or local agency permit allowing the construction or operation of a
brief description of the proposed project and its location, and the facility for the burning of hazardous waste, granted on or after
address,where copies of the draft environmental impact report or January 1, 1990.
negative declaration are available for review. This section shall not (d) The notice requirements specified in subdivision (a) or (b)
be construed in any manner which results in the invalidation of an shall not preclude a public agency from providing additional notice
action because of the alleged inadequacy of the notice content, by other means if the agency so desires,or from providing the public
provided that there has been substantial compliance with the notice notice required by this section at the same time and in the same
content requirements of this section. The notice required by this manner as public notice otherwise required by law for the project.
section shall be given to all organizations and.individuals who have SEC.4. Section 21092.2 is added to the Public Resources Code,to
previously requested notice and shall also be given by at least one of read:
the.following procedures: 21092.2. The notices required pursuant to Sections 21080.4,21092,
(1) Publication, no fewer times than required by Section 6061 of 21108,and 21152 shall be mailed to any person who has filed a written
the Government Code, by the public agency in a newspaper of request for notices with either the clerk of the governing body or,if
general circulation in the area affected by the proposed project. there is no governing body, the director of the agency. The request
(2) Posting of notice by the public agency on- and off-site in the may also be filed with any other person designated by the governing
area.where the project is to be located. body or director to receive these requests. The agency.may require
(3) Direct mailing to the owners and occupants of contiguous requests for notices to be annually renewed.The public agency may
property shown on the latest equalized assessment roll. charge a fee, except to other public agencies, which is reasonably
(b) For any project involving the burning of municipal wastes, related to the costs of providing this service.This section shall not be
hazardous waste,or refuse-derived fuel,including,but not limited to, construed in any manner which results in the invalidation of an
tires, meeting the qualifications of subdivision (c), notice shall be action because of the failure of a person to receive a requested
given to all organizations and individuals who have previously notice,provided that there has been substantial compliance with the
requested notice and shall also be given by at least the procedures requirements of this section.
specified in paragraphs (1). (2), and (3) of subdivision (a). In SEC.5. Section 21092.3 is added to the Public Resources Code,to
addition, notification shall be given by direct mailing to the owners read:
and.occupants of property within one-fourth of a mile of any parcel 21092.3. The notices required pursuant to Sections 21080.4 and
or parcels on which is located a project subject to this subdivision. 21092 shall be posted in the office of the county clerk of the county.
62
Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims
CHAPTER 1235 Fund to pay the costs of mandates which do not exceed $1,000,000
statewide and other procedures for claims whose statewide costs
An act to amend Section 65302 of, and to repeal Section 65919.12 exceed $1,000,000.
of, the Government Code relating to local agencies. This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
[Approved by Governor October 1, 1989. Filed with pursuant to this act, but would recognize that local agencies and
Secretary of State October 1, 1989.1 school districts may pursue any available remedies to seek
LEGISLATIVE COUNSEL'S DIGEST reimbursement for these costs.
AB 890, Cortese. Local agencies. The people of the State of California do enact as follows.
Existing law requires each planning agency and the legislative
body of each county and city to adopt a comprehensive, long-term SECTION 1. Section 65302 of the Government Code is amended
general plan for the physical development of the county or city and to read:_
land outside its boundaries which in the planning agency's judgment 65302. The general plan shall consist of a statement of
bears relation to its planning. The general plan contains, among development policies and shall include a diagram or diagrams and
other elements,a safety element for the protection of the community text setting forth objectives, principles, standards, and plan
from seismic and other geological hazards, flooding, and fires. Each proposals. The plan shall include the following elements:
county and city is required to submit to the Division of Mines and (a) A land use element which designates the proposed general
Geology of the Department of Conservation one copy of the safety distribution and general location and extent of the uses of the land
element and technical studies used. for housing, business, industry, open space, including agriculture,
This bill would require each city and county to consult the division natural resources, recreation, and enjoyment of scenic beauty;
for the purpose of including information known by and available to education, public buildings and grounds, solid and liquid waste
the Department of Conservation and the Office of Emergency disposal facilities, and other categories of public and private uses of
Services_for the safety elements. The bill would require that at least land.The land use element shall include a statement of the standards
45 days prior to adoption or amendment of the safety element, each of population density and building intensity recommended for the
county and city submit a copy of the element or amendment, various districts and other territory covered by the plan.The land use
respectively, to the division. element shall identify areas covered by the plan which are subject
The bill would permit the division to review drafts and report its to flooding and shall be reviewed annually with respect to those
findings to the planning agency, as specified. The bill would also areas. The land use element shall designate, in a land use category
require the legislative body to consider the division's findings prior that provides for timber production, those parcels of real property
to final adoption of the safety element or amendment unless they are zoned for timberland production pursuant to the California
not available in time or unless the division has indicated to the city Timberland Productivity Act of 1982,Chapter 6.7 (commencing with
or county that it will not review the safety element. The bill would Section 51100) of Part 1 of Division 1 of Title 5.
require each county and city to provide the division with a copy of (b) A circulation element consisting of the general location and
its adopted safety element or amendments. By requiring cities and extent of existing and proposed major thoroughfares, transportation
counties to consider the division's findings and to submit to the routes, terminals, and other local public utilities and facilities, all
division copies of the adopted safety elements and amendments, this correlated with the land use element of the plan.
bill would impose a state-mandated local program.
Existing law, repealed on January 1, 1990, requires cities and (c) A housing element as provided in Article 10.6 (commencing
with Section 65580).
counties to make a specified referral of certain proposed actions (d) A conservation element for the conservation, development,
concerning the adoption or amendment of all or part of a general or and utilization of natural resources including water and its hydraulic
specific plan, or a zoning to other affected local agencies. force, forests, soils, rivers and other waters, harbors, fisheries,
This bill would impose a state-mandated local program by deleting wildlife, minerals, and other natural resources. That portion of the
that date of repeal. conservation element including waters shall be developed in
The California Constitution requires the state to reimburse local coordination with any countywide water agency and with all district
agencies and school districts for certain costs mandated by the state. and city agencies which have developed, served, controlled or
64