HomeMy WebLinkAbout91-05 RDA ResolutionRESOLUTION NO. RDA 91-05
A RESOLUTION OF THE RF~DEVELOPMENT AGENCY OF THE
CITY OF TEMECULA ADOPTING PROCEDURES TO
IMPLEMENT THE CALIFORNIA ENVIRONME~AL QUALITY
ACT.
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE
AS FOLLOWS:
Section 1. Authority. These procedures are adopted to implement the California
Environmental Quality Act CCEQA"), Public Resources Code Section 21000 et ~1., and the
State CEQA Guidelines ("State Guidelines"), 14 California Code of Regulations Section 15000
et ~,,q. All time periods set out herein shall be calendar days unless otherwise indicated.
Section 2. Relationship to State Guidelines. The procedures established herein
implement and tailor the general provisions of the State Guidelines to the specific operations of
the Redevelopment Agency of the City of Temecula ("Agency"). This Resolution is not intended
to replace the State Guidelines. If any section of this Resolution is in conflict with or contrary to
any provisions of the State Guidelines as they now exist or may be amended hereafter, the State
Guidelines shall control.
Section 3. Delegation of Responsibility to Executive Director. The Planning Director
of the City of Temecula ("Director") shall be responsible for the following CEQA functions:
(1) Determining whether a project is exempt;
(2) Conducting an Initial Study, and deciding whether to prepare a Negative
Declaration or Draft Environmental Impact Report CEIR");
(3) Reviewing a Negative Declaration or Draft EIR;
(4) Determining that a Negative Declaration has been completed within a period
of one hundred five (105) days or an EIR within a period of one (1) year from the date when the
Agency accepted an application as complete;
(5) Reviewing responses to comments on environmental documents;
(6)
or this Resolution;
Reviewing notices required or authorized by CEQA the State Guidelines,
(7)
Consulting with and obtaining comments from other public agencies and the
public;
Re~s.RDA\91~5 1
(8) Assuring adequate opportunity and time for public review and public
commentary; and
(9) Developing procedures for a mitigation monitoring and reporting program
for those mitigation measures imposed as conditions of approval in order to reduce or eliminate
a significant environmental effect.
Section 4. Requests for Notice. Whenever a member of the public Fries a written
request with the City Clerk to receive copies of notices prepared pursuant to Public Resources
Code Sections:
21080.4 Environmental Impact Report; Determined by Lead Agency [Decision to
Prepare EIR];
21092 Public Notice of Preparation of Environmental Impact Report or Negative
Declaration; Publication;
21152 Local Agency; Approval or Determination to Carry out Project; Notice;
Contents; Public Inspection; Posting.
The Director shall cause a copy of said Notice to be mailed to such individual. A
"written request' shall be defined to include the payment of a fee as set by Resolution of the
Agency. Unless a fee is not set by Resolution of the Agency, no written request for notice shall
be valid unless and until the fee is paid. All written requests shall be valid for one (1) calendar
year and may be renewed annually by submitting a new written request and payment of the fee
set by Resolution of the Agency. The provisions of Public Resources Code § 21092.2 relative to
substantial compliance shall be applicable to this Section.
Section 5. Preliminary Review.
A. Review for Completeness. The Director shall determine whether an
application for a permit or other entitlement for use is complete and shall notify the applicant in
writing within thirty (30) days from the receipt of the application. If the application is
incomplete, the notice shall list and thoroughly describe the specific information required to
complete the application. The applicant may appeal the determination by the Director to the
Agency, whose decision shall be final. If no determination of the completeness of the application
is made within the thirty (30) day period, the application will be deemed complete on the thirtieth
(30th) day. lJpon resubmittal of the application, a new thirty (30) day period shall begin.
B. Review for F. xemptions. As part of the preliminary review, the Director
shall determine whether a particular activity is exempt from CEQA. If the Director determines
that an activity is exempt from CEQA, the Director shall issue a Notice of Exemption as set forth
in Section 6(D) herein.
Rems.RDA\91-05 2
Section 6. Procedures for Identifying Activities Exempt from CEQA.
A. Application of CEQA. The requirements of CEQA apply to all discretionary
projects which may have a significant effect on the environment. In particular, CEQA applies to
discretionary private projects that are carried out, approved or financed by a public agency.
Possible exemptions from CEQA include the following:
(1) The activity is not a project;
(2)
The project is statutorily exempt pursuant to Article 18 of the State
Guidelines;
(3)
The project is categorically exempt pursuant to Article 19 of the State
Guidelines; or
(4) It can be established with certainty that there is no possibility that
the activity may have a significant effect on the environment.
B. Ministerial Projects or Permits. A ministerial project is one approved or
denied by a decision which a public official or a public agency makes that involves only the use
of fixed standards or objective measurements without personal judgement or discretion.
Ministerial projects are exempt from the requirements of CEQA and no environmental documents
are required. The following is a non-exclusive list of actions which the Agency has determined
to be ministerial in nature:
(1) Review of final subdivision maps;
(2) Review of individual utility service connections and disconnections;
(3) Review of health regulatory licenses;
(4) Review of permits to install individual sewer disposal systems; and
(5) The review of a building permit shall be deemed a ministerial act if
the Planning and Building Departments exercise no discretion in the issuance of the building
permit. If the permit involves both discretionary and ministerial actions, the permit shall not be
deemed a ministerial act.
C. Categorical Exemptions. The Agency hereby finds those classes of activities
set forth in Section 15301 through 15329 of the State Guidelines to be categorically exempt with
the following exemptions:
(1) Ix)cation. Classes 3, 4, 5, 6 and 11 of the State Guidelines are
qualified by consideration of the location of the project. A project that is ordinarily insignificant
in its impact on the environment may, in a particularly sensitive environment, be significant.
Resos.RDA\91-05 3
Therefore, these classes are considered to apply to all instances, except where the project may
impact on an environmental resource of hazardous or critical concern where designated, precisely
mapped, and officially adopted pursuant to law by federal, state or local agencies.
(2) Cumulative Irnl~act. All exemptions of these classes are inapplicable
when the cumulative impact of successive projects of the same type in the same place, over time,
is significant; for example: annual additions to an existing building under Class I of State
Guidelines.
(3) Significant Effect. A categorical exemption shall not be used for an
activity where there is a reasonable possibility that the activity will have a significant effect on the
environment due to unusual circumstances.
D. Notice of Exerrtption. If it is determined that a project is exempt, then after
approval of the project the Director may cause a Notice of Exemption to be filed in the form and
manner required by the State Guidelines. The Notice may be filed with the County Clerk of
Riverside County.
Section 7. Procedures for Conducting Initial Studies.
A. Determination that Initial Study Should be Conducted. If a project is subject
to the requirements of CEQA and it is not determined that the project is exempt, the Director shall
cause an Initial Study to be conducted to determine if the project may have a significant effect on
the environment. If it can be determined that an EIR will clearly be required for a project, then
timher initial review of the project shall not be required, and work may begin directly on the EIR
process.
All phases of project planning, implementation and operation must be considered
in the Initial Study of the project. To meet the requirements of this section, the Director may use
an Initial Study or similar analysis prepared pursuant to the National Environmental Policy Act.
The Director shall determine whether or not a project may have a significant effect
on the environment. If it is determined that there is no substantial evidence that the project or any
of its aspects may cause a significant effect on the environment, the Director shall cause a
Negative Declaration to be prepared.
If any aspects of the project, either individually or cumulatively, may cause a
significant effect on the environment, regardless of whether the overall effect of the project is
adverse or beneficial, then an EIR must be prepared. The existence of a public controversy does
not, without more, require preparation of an E/R, and statements in an EIR and comments relative
to an EIR are not determinative of whether the project may have a significant effect on the
environment.
Contents. An Initial Study shall contain in brief form:
(1) A description of the project including the location of the project;
Resos.RDA\91-05 4
(2) An identification of the environmental setting;
(3)
matrix or other method;
An identification of environmental effects by use of a checklist,
(4)
A discussion of ways to mitigate the significant effects identified,
if any;
(5) An examination of whether the project is compatible with existing
zoning, plans and other applicable land use controls; and
(6)
The name of the person or persons who prepared or participated in
the Initial Study.
C. Uses, The Initial Study shall be used to provide information to use as the
basis for the determination of whether a Negative Declaration or an EIR shall be prepared for a
project.
Where a project is revised in response to an Initial Study so that potential
adverse effects are mitigated to a point where no significant environmental effects will occur, a
Negative Declaration shall be prepared instead of an EIR. If the project will still result in one or
more significant effects on the environment after mitigation are added to the project, and EIR shall
be prepared.
When the Initial Study concludes that no EIR is necessary, the Study shall
also provide documentation of the factual basis for the finding that the project will not have a
significant effect on the environment.
The EIR shall emphasize study of the impacts determined to be significant
and can omit further examination of those impact founds to be clearly insignificant in the Initial
Study.
D. Submission of Date. Any person may submit any information in any form
to the Director to assist in the preparation of an Initial Study.
E. Format. Forms for an applicant's project description and a review form for
use by the Director shall be provided by the Planning Department of the City. When used
together, these forms shall meet the requirements for an Initial Study. These forms shall provide
for a substantive, written description of the project and its potential effects.
F. Consultation. As soon as the Director has determined that a project is not
exempt and that an Initial Study shall be required to determine whether a Negative Declaration
or an EIR is required, the Planning Department shall consult with all Responsible Agencies and
all Trustee Agencies responsible for resources affected by the project as required by Section
15063(g) of the State Guidelines.
During or immediately after preparation of an Initial Study for a private
Resos.RDA\91-05 5
project, the Planning Department may consult with the applicant to determine if the applicant is
willing to modify the project to reduce or avoid the significant effects identified in the Initial
Study.
G. Time l,imits. The Director shall determine within thirty (30) days after
accepting an application as complete whether it is necessary to prepare an EIR or a Negative
Declaration, and, if so, whether a previously prepared EIR or Negative Declaration may be used.
The thirty (30) day period may be extended fifteen (15) days upon the consent of both the Director
and the project applicant.
Section 8. Procedures for the Preparation of Negative Declarations.
A. General. A Negative Declaration shall be prepared for a project which:
(1) the Director finds, on the basis of an Initial Study, will not have a
significant effect on the environment; or,
(2) where the Initial Study identified potential effects, but the effects
have been mitigated to the point of insignificance.
B. Consultation. Before completing a Negative Declaration, the Director shall
consider the proposed Negative Declaration together with any comments received during the
public review process pursuant to Section 15074(b) of the State Guidelines.
C. Contents. A Negative Declaration circulated for public review shall include:
(1) A brief description of the project, including the commonly used
name for the project, if any;
(2) The location of the project and the name of the project proponent;
(3)
on the environment;
A proposed finding that the project will not have a significant effect
the finding;
(4)
An attached copy of the Initial Study documenting reasons to support
(5) Mitigation measures, if any, included in the project to avoid
potentially significant effects;
(6) A statement regarding how the mitigation monitoring and reporting
requirements established by Public Resources Code § 21089Co), and 14 California Code of
Regulations 753.5.
Resos.RDA\91-05 6
(7) A determination regarding impact on fish and game resources per
Fish and Game Code § 711.4, Public Resources Code § 21089(b), and 14 California Code of
Regulations 753.5.
D. Public Notice. Notice that the decision making body proposes to adopt a
Negative Declaration shall be provided to the public prior to adoption of the Negative Declaration
by that body. The public shall be provided at least twenty-one (21) days to review and comment
on the proposed Negative Declaration. In the case of those Negative Declarations to be reviewed
by the Statewide Clearing House, at least thirty (30) days shall be provided. A shortened review
period may be requested in accordance with Public Resources Code Section 21091(d) and State
Guidelines Section 15703.
A copy of the notice and the proposed Negative Declaration shall be sent
to every Responsible Agency and Trustee Agency concerned with the project and every other
public agency concerned with the project and every other public agency with jurisdiction by law
over resources affected by the project. Notice shall be given to all organizations and individuals
who have previously requested such notice and shall also be given by at least one of the following
procedures:
(1) Publication at least once in a newspaper of general circulation in the
area affected by the proposed project; or
(2)
Posting of notice on and off site in the area where the project is to
be located; or,
(3) Direct mailing to owners and occupants of property contiguous to
the project as such owners are shown on the latest equalized assessment roll.
The notice shall specify the period during which comments will be received on the
proposed Negative Declaration and shall include the date, time, and place of any public meetings
of hearings on the proposed project, a brief description of the proposed project and its location,
and the address where copies of the proposed Negative Declarations are available for review.
Pursuant to Public Resources Code § 21092(a) an action shall not be invalid because of alleged
inadequacy of the notice content if the Agency has complied substantially with the provisions of
Section 21092 of the Public Resources Code.
E. Shortened Review Period. The Director is hereby authorized to request a
shortened public review period from the Office of Planning and Research pursuant to Public
Resources Code § 21089(d) (3). For all purposes of said Section of the Public Resources Code,
the Director shall be the designated office.
Whenever the Director requests a shortened public review period, the
Director shall notify the Agency in writing of this request which shall appear on the next legally
permissible Agency Agenda as an information item. The Agency may thereafter, either receive
and file the report, or rescind the action by directing the Director to notify the Office of Planning
and Research of this rescission.
Resos.RDA\91-05 7
F. Consideration. Prior to approving the project, the decision making body
shall consider the Negative Declaration together with any comments received during the public
review process.
G. Approval. The decision making body shall approve the Negative Declaration
if it finds on the basis of the Initial Study and any comments received that there is no substantial
evidence that the project will have a significant effect on the environment, or that any potentially
significant effects have been mitigated to the point of insignificance.
H. Appeal. Except in those cases in which the Agency is the final decision
making body on a project, any interested person may appeal the approval or disapproval of a
Negative Declaration to the Agency except that the time limit for filing an appeal shall be ten (10)
days after said approval or disapproval.
I. Notice of Determination. After final approval of a project for which a
Negative Declaration has been prepared, the Director shall cause a Notice of Determination to be
filed. Said Notice shall include:
(1)
possible, and its location;
An identification of the project, including its common name where
(2) A brief description of the project;
(3) The date upon which the project was approved;
(4)
on the environment;
The determination that the project will not have a significant effect
(5) The documents and filing fees required by Fish and Game Code
Section 711.4 Public Resources Code § 21089Co), and 14 California Code of Regulations 753.5,;
(6) A statement that a Negative Declaration has been prepared pursuant
to the provisions of CEQA; and,
(7) The address where a copy of the Negative Declaration may be
examined.
It shall be the responsibility and duty of the applicant to deliver to
the Planning Department a check payable to the County Clerk of the County of Riverside in an
amount sufficient to cover the fee required by subsection (5) above, including the County Clerk's
processing fee, within forty-eight (48) hours of Agency's final approval of the project. If within
such forty-eight (48) hour period, the applicant has not delivered to the Planning Department the
check required above, the approval for the project shall be void.
The Notice of Determination shall be filed with the County Clerk
Resos.RDA\91-05 8
of Riverside County. If the project requires a discretionary approval from any State agency, the
Notice of Determination shall also be filed with the State office of Planning Research.
The filing of the Notice of Determination and the posting of a list
of such notices starts a thirty (30) day statute of limitations on court challenges to the approval.
Section 9. Procedures for the Preparation of EIRs.
A. Decision to Prepare an F. IR. When it is determined that an EIR will be
required for a project, the procedures set forth in this section shall be followed in the EIR
preparation.
B. Notice of Preparation. Immediately after the determination has been made
that an EIR will be required for a project, the Director shall cause a Notice of Preparation to be
sent by certified mail, or other method of transmittal which provides it with notice that the Notice
has been received, to each Responsible Agency or Trustee Agency responsible for resources
affected by the project and to each federal agency involved in approving or funding the project.
The agencies to which a Notice of Preparation sent shall have thirty (30)
days from the receipt of said notice to respond, or make a well-justified request for additional
time to respond, it shall be presumed that the agency has no response to make. Unjustified late
responses need not be considered.
C. Farly Consultation. Prior to completing the draft EIR, the Director should
consult with any person or organization he or she believes will be concerned with the
environmental effects of the project.
Where the Director, a Responsible Agency, a Trustee Agency, or the project
applicant has requested a meeting between representatives of the agencies involved to assist in
determining the scope and content of a proposed EIR, the Director shall convene such a meeting
as soon as possible, but not later than thirty (30) days after receiving the request for the meeting
pursuant to Section 15082(4)(c) of the State Guidelines.
Prior to completing an EIR, the Director on behalf of the Agency shall
consult with each responsible agency, any public agency which has jurisdiction by law with
respect to the project and any city or county which borders on the project area. The Agency and
any bordering city and/or county may annually by agreement establish a process or procedure for
complying with this consultation requirement pursuant to Public Resources Code § 21153.
In case of a project as defined in Public Resources Code § 21065(c)
involving the issuance of a lease, permit, license, certificate, or other entitlement for use to a
person by one or more public agencies, the Director shall, upon the request of the applicant
provide for early consultation regarding the project. The consultation shall seek to identify the
range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth
in the EIR. A request for early consultation shall be made within thirty (30) days after the
determination by the Agency that an EIR will be required for the project. The Agency may by
Resolution establish a fee sufficient to recover the actual costs of consultation with the applicant.
Resos.RDA\91-05 9
Pursuant to Public Resources Code § 21092.4 for projects of statewide,
regional, or area wide significance, the Director shall consult with transportation planning
agencies and public agencies which have transportation facilities within the city which could be
affected by the project. Consultation shall occur in accordance with said Section of the Public
Resources Code.
For projects where federal involvement might require preparation of an
Environmental Impact Statement pursuant to the National Environment Policy Act, the Director
shall consult with the appropriate federal agencies.
D. Preparation of the Draft FIR. The draft EIR shall be prepared directly by
or under contract to the Agency.
The Planning Department may require the project applicant to supply data
and infomarion both to determine whether the project may have a significant effect on the
environment and to assist the Agency in preparing the draft EIR. The requested information
should include an identification of other public agencies which will have jurisdiction by law over
the project.
The decision-making body may choose one of the following arrangements
or combination of them for preparing a draft EIR.
Any person, including the applicant, may submit information or comments
to the Planning Department to assist in the preparation of the draft EIR. The submittal may be
presented in any format, including the form of a draft EIR. The decision-making body must
consider all information and comments received. The information or comments may be included
in the draft EIR in whole or in part.
(1)
Preparing the draft EIR directly with Planning Department
staff;
(2)
Contracling with another entity, public or private, to prepare
the draft EIR;
(3) Accepting a draft prepared by the applicant, a consultant
retained by the applicant, or any other person;
(4) Executing a thirty party contact or Memorandum of
Understanding with the applicant to govern the preparation of a draft EIR by an independent
contractor; or
(5) Using a previously prepared EIR. Before using a draft
prepared by another person, the decision-making body shall subject the draft to the body's own
review and analysis. The draft EIR which is sent out for public review must reflect the
independent judgment of the decision-making body. The decision-making body is responsible for
the adequacy and objectivity of the draft EIR.
Rcaos.RDA\91-05 10
E. Notice of Completion. As soon as the draft EIR is completed, a Notice of
Completion shall be filed with the State Office of Planning and Research. The Notice shall
include a brief description of the project, its proposed location, an address where copies of the
draft EIR are available, and the period during which comments will be received.
F. Public Review. After the draft EIR is completed, the Director shall consult
with and obtain comments from any responsible and/or trustee agencies having jurisdiction by law
with respect to the project, and should consult with persons having special expertise with respect
to any environmental impact involved. The Director shall provide the general public with an
opportunity to comment on the draft EIR.
The public shall be provided at least thirty (30) days to review and comment
on the draft EIR. In the case of a draft EIR reviewed by the Statewide Clearing House, at least
forty-five (45) days shall be provided. A shortened review period may be requested in accordance
with Public Resources Code § 21091(d) and State Guidelines § 15703.
The Director shall provide public notice of the availability of a draft EIR
at the same time as a Notice of Completion is sent to the State Office of Planning and Research.
Notice shall be given to all organizations and individuals who have previously requested such
notice, and shall also be given by at least one of the following procedures:
(1) Publication at least one time in a local newspaper of general
circulation in the area affected by the proposed project; or,
(2) Posting of notice on and off the site of the proposed project; or,
(3) Direct mailing to owners and occupants of property contiguous to
the proposed project as shown on the latest equalized assessment roll.
The notice shall specify the period during which comments will be received
on the draft EIR and shall include the date, time, and place of any public meeting or hearings on
the proposed project, a brief description of the proposed project and its location, and the address
where copies of the draft EIR are available for review. Pursuant to Public Resources Code §
21092(a) an action shall not be invalidated because of alleged inadequacy of the notice content if
the
Agency has complied substantially with the provisions of Section 21092 of the Public Resources
Code.
The Director may use the State Clearinghouse to distribute draft EIRs and
other environmental documents to state agencies for review and should use area-wide
clearinghouses to distribute such documents to regional and local agencies.
G. Shortened Review Period. The Director is hereby authorized to request a
shortened public review period from the Office of Planning and Research pursuant to Public
Resources Code § 21089(d) (3). For all purposes of said Section of the Public Resources Code,
the Director shall be the designated office.
Resos.RDA\91-05 11
Whenever the Director requests a shortened public review period, the
Director shall notify the Agency in writing of this request which shall appear on the next legally
permissible Agency Agenda as an information item. The Agency may thereafter, either receive
and file the report, or rescind the action by directing the Director to notify the Office of Planning
and Research of this rescission.
H. Evalnation and Response to Comments. The Director shall cause comments
received from persons who reviewed the draft EIR to be evaluated and shall cause written
responses to each such comment to be prepared.
I. Preparation of Final
prepared before final approval of the project.
Section 15120 of the State Guidelines.
EIR. The Director shall cause a Final EIR to be
The contents of a Final EIR shall be as set forth in
J. Certification of Final EIR. The legislative body which gives final approval
of the project shall certify that the Final EIR has been completed in compliance with CEQA, that
the Final EIR was presented to said body, and that said body reviewed and considered the
information contained in the final EIR prior to approving the project. Said certification shall
include a statement regarding how the mitigation monitoring and reporting requirements
established by Public Resources code § 21081.6 will be met. As part of the certification process
and/or approval of the project, the Agency may require the applicant to enter into a written
Mitigation Monitoring Compliance Agreement which specifies the obligations and duties relative
to mitigation, monitoring, and reporting on said mitigation measures.
K. Findings. No decision-making body shall approve or carry out a project for
which an ErR has been completed which identifies one or more significant environmental effects
of the project unless that body makes one or more written findings for each of those significant
effects, accompanied by a brief explanation of the rational for each finding. The possible findings
are:
(1) Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant environmental effect as identified
in the final EIR.
(2) Such changes or alterations are within the responsibility and
jurisdiction of another public Agency and not the body making the findings. Such changes have
been adopted by such other Agency or can and should be adopted by such other Agency.
(3) Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the final EIR.
The findings required by this section shall be supported by substantial
evidence in the record.
Re sos .RDA\91-05 12
The findings in subsection (2) hereof shall not be made if the body making
the findings has concurrent jurisdiction with another Agency to deal with identified feasible
mitigation measures or alternatives.
L. Statement of Overriding Considerations. CEQA requires the decision-maker
to balance the benefits of a proposed project against its unavoidable environmental risks in
determining whether to approve the project. If the benefits of the proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be considered
"acceptable".
Where the decision of the decision-making body allows the occurrence of
significant effects which are identified in the final EIR but are not at least substantially mitigated,
the body shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. This statement may be necessary if the body also makes
a finding under Subsection K(2) or K(3).
If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be mentioned in the Notice
of Determination.
M. Appeal. Except in those cases in which the Agency is the final decision
making body on a project, any interested person may appeal the certification or denial of
certification of a Final Agency except that the time limit for filing an appeal shall be ten (10) days
after the certification or denial.
N. Notice of Determination. After final approval of a project for which an EIR
has been prepared, the Director shall cause a Notice of Determination to be filed. Such Notice
shall include:
(1)
possible, and its location;
An identification of the project, including its common name where
(2) A brief description of the project;
(3) The date upon which the project was approved;
(4) The determination of whether the project in its approved form will
have a significant effect on the environment;
(5)
provisions of CEQA;
A statement that an EIR was prepared and certified pursuant to the
of the project;
(6)
Whether mitigation measures were made a condition of the approval
Resos.RDA\91-05 13
(7) Whether a Statement of Overriding Considerations was adopted for
the project;
(8) The address where a copy of the EIR and the record of project
approval may be examined and,
(9) The documents and filing fees required by Fish and Game Code §
711.4, Public Resources Code § 21089(b), and 14 California Code of Regulations 753.5.
It shall be the responsibility and duty of the applicant to deliver to the
Planning Department a check payable for the County Clerk of the County of Riverside in an
amount sufficient to cover the fee required by subsection (9) above, including the County Clerk's
processing fee, within forty-eight (48) hours of Agency's final approval of the project. If within
such forty-eight (48) hour period, the applicant has not delivered to the Planning Department the
check required above, the approval for the project shall be void.
The Notice of Determination shall be filed with the County Clerk of
Riverside County. If the project requires discretionary approval from the State Agency, the notice
shall also be filed with the State Office of Planning and Research.
The filing of the Notice of Determination shall start a thirty (30) day statute
of limitations on court challenges to any actions taken pursuant to CEQA.
Section 10. Enforcement of Mitigation Measures. Any Mitigation measures required
as part of a Negative Declaration or EIR shall be enforceable as part of the conditional use permit,
site plan, area plan, or other discretionary approval for a project. The Agency shall include the
specific steps for enforcement as part of the Mitigated Negative Declaration or EIR, and shall
require of the applicant, or responsible or trustee Agency submittal of plans for monitoring of the
mitigation condition(s).
Section 11. Time l,imits.
A. General. Preparation and review of environmental documents shall be done
within the time periods set out herein. Preparation of an EIR should not cause undue delays in
the processing of applications for permits or other entitlement.
The Director may disapprove a project application where there is
unreasonable delay in meeting requests. The Director may allow a renewed application process
to begin at the same point in the process in which the prior application was when it was
disapproved.
The decision making body shall either:
(1) Complete a Negative Declaration within one-hundred and five
(105) days from the date the application is accepted as complete; or,
(2) Complete and certify the final EIR within one year from the
date the application is accepted as complete. The one year time limit may be extended once for
Re~os.RDA\91-05 14
a period of not more than ninety (90) days upon consent of the decision making body and the
applicant.
Completion of a Negative Declaration within a one-hundred and five (105)
day period shall include the conducting of an Initial Study, public review, and the preparation of
a document ready for approval by the decision-making body. Completion within the one-hundred
and five (105) day period need not include the approval of the Negative Declaration by the
decision-making body.
Different time limits may be established for different types of projects
subject to the one-hundred and five (105) day and one year maximum time limits.
In the event that compelling circumstances justify additional time and the
project applicant agrees to the extension, the decision making body may grant a reasonable
extension of time periods contained in this section.
B. Projects with Federal Involvement. The decision making body may waive
the one-year time period or the one-hundred and five (105) day period if:
(1) The project will be subject to the National Environmental Policy Act;
(2) Additional time will be required to prepare a combined EIR-EIS or
a combined Negative Declaration Finding of No Significant Impact as provided in Section 15221
of the State Guidelines; and,
(3) The time required to prepare such a combined document would be
less than the time required to prepare each document separately.
The time limits for taking final action on a permit for a development project
may also be waived where a combined EIR-EIS will be prepared.
The time limits for processing permits for development projects under
Government Code § § 65950-65960 shall not apply if federal statutes or regulations require time
schedule which exceed the state limits. In this event, any state agencies involved shall make a
final decision on the project within the time limits set forth by federal law.
Section 12. Fees. If a project is to be carried out by any person or entity other than the
Agency, the Director may collect a reasonable fee from such person or entity to recover the
estimated costs incurred in preparing an EIR or Negative Declaration. Fees shall be paid in
accordance with the Temecula Municipal Code. Members of the general public requesting copies
of an EIR may be charged for the actual costs of reproducing the copy.
Section 13. Certification. The Secretary shall certify as to the adoption of this
resolution.
Re~os.RDA\91-05 15
PASSED, APPROVED AND ADOPTED this 10th day of September, 1991.
ATTEST:
Peg Moore, Chairperson
[SEAL]
City Clerk/Agency Secretary
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk/Redevelopment Agency Secretary of the City of Temecula,
HEREBY DO CERTIFY that the foregoing Resolution No. RDA 91-05, was duly adopted at a
regular meeting of the Redevelopment Agency of the City of Temecula on the 10th day of
September, 1991, by the following roll call vote:
AYES: 4 AGENCY MEMBERS: Birdsall, Lindemans, Parks, Moore
NOES: 0 AGENCY MEMBERS: None
ABSENT: 1 AGENCY MEMBERS: Mufioz
Jun eek, City Clerk/Agency Secretary
Resos.RDA\91-05 16