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704
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Last modified
5/6/2016 11:33:54 AM
Creation date
5/6/2016 11:33:39 AM
Metadata
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Template:
Resolutions
Number
704
Date
1973-04-18
Description
Adopting Guidelines Implementing the California Environmental Quality Act of 1970 as Amended
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Aii <br /> guidelines, will inform public decision-makers and the general <br /> public of the environmental effects of projects they propose to <br /> carry out or approve. <br /> The EIR process is intended to enable public agencies to evaluate <br /> a project to determine whether it may have a significant effect <br /> on the environment, examine and institute methods of reducing adverse <br /> impacts, and consider alternatives to the project as proposed. These <br /> things must be done prior to approval or disapproval of the project. <br /> An EIR may not be used as an instrument to rationalize approval of <br /> a project, nor do indications of adverse impact, as enunciated in <br /> an EIR, require that a project be disapproved--public agencies <br /> retain existing authority to balance environmental objectives with <br /> economic and social. objectives. <br /> IV. EXEMPTIONS. The following projects shall be exempt from the require- <br /> ment of an environmental impact report: <br /> a) ONGOING PROJECTS. Those set forth in Guidelines 15070, <br /> subparagraph b,c,d and e. <br /> b) EMERGENCY PROJECTS. Those set forth in Guidelines 15071 . <br /> c) . FEASIBILITY AND PLANNING STUDIES. Those set forth in <br /> Guidelines 15073. <br /> d) MINISTERIAL PROJECTS. Those set forth in Guidelines 15073. <br /> (1 ) Also deemed to be ministerial is the issuance of <br /> permits under the uniform building, electrical , <br /> plumbing, mechanical and housing codes adopted by <br /> the Town. <br /> e) CATEGORICAL EXEMPTIONS. Those set forth in Guidelines <br /> 15100 through 15112. <br /> (1 ) Except that Guidelines 15114 may modify the right <br /> to the exemptions based on location as determined <br /> by the Decision Making Body. <br /> V. EXEMPTION DETERMINATION. The decision concerning the exemptions <br /> set forth in Paragraph IV hereof shall be made by the City Manager <br /> or his designated representative and shall be recorded in writing <br /> on an Exemption Determination Form prepared by the Town. Each <br /> Exemption Determination made pursuant to subsections b, c and e <br /> of Section IV above shall be promptly reported to the City Council . <br /> VI. ALTERNATE DETERMINATION. In the event the City Manager or his desig- <br /> nated representative is unable to determine that the project comes <br /> within the exemptions set forth in Paragraph IV, then the matter <br /> shall be referred in writing to the Decision Making Body for a deter- <br /> mination as to whether or not the project may have a significant effect <br /> upon the environment. The applicant shall submit information required <br /> by the Town on an Environmental Assessment Worksheet form prepared <br /> by the Town. <br /> In the event the Decision Making Body determines that said project <br /> may not have a significant effect upon the environment, the Town <br /> Clerk shall file a Notice of Determination with the County Clerk of <br /> the County of Santa Clara. <br /> In the event the Decision Making Body determines that the project <br /> may have a significant effect on the environment, an environmental <br /> impact report shall be prepared, in accordance with the _Guidelines, <br /> 15085, subsections (a) through (h). <br /> VII. NEGATIVE DECLARATION. In the event the Decision Making Body deter- <br /> mines that the project, which would ordinarily, be expected to have <br /> -2- <br />
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