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RESOLUTION NO. 704
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ADOPTING
GUIDELINES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AS
AMENDED.
WHEREAS, the State of California has adopted the Environmental Quality Act
of 1970, as amended, (CEQA) set forth in Public Resources Code 21050-21174,
which requires all public agencies to adopt objectives, criteria and procedures
for its implementation (21082); and
WHEREAS, the City Council of the Town of Los Altos Hills desires by these
local guidelines to combine into its planning, review and project approval
process the necessary procedures to determine whether or not a project has a
significant effect on the environment; and
WHEREAS, it is necessary that the criteria and the procedures provide for
an adequate and objective report on the effect to the environment of the
applicable project;
NOW, THEREFORE, BE IT RESOLVED as follows:
I. DEFINITIONS. The following definitions shall apply in connection
with this Resolution.
a) "DECISION MAKING BODY." The Board of Planning Administra-
tion, Environmental Planning Commission, or City Council
of the Town of Los Altos Hills, whichever has Town authority
with respect to an action on a project, shall be the Decision
Making Body.
Where the decision is made in conjunction with planning,
zoning or other matters which are subject to appeal under
the ordinances and regulations of the Town, the decision
on environmental impact shall be subject to the same rules
of appeal as is the other matter being decided.
b) "GUIDELINES." That document entitled Guidelines for Imple-
mentation of the California Environmental Quality Act of
1970, as amended, adopted by the California Resources Agency
on February 3, 1973, and promulgated by the Secretary for
Resources and including any amendments thereto, being
Division 6, Title 14, California Administrative Code.
c) "Environment, "Environmental impact report," "Local agency,"
"Public agency," "Project," "Person," and "Lead agency" shall
be those definitions ascribed to them, respectively, in
Public Resources Code 21060.5-21067.
d) All of those definitions set forth in the Guidelines 15020
through 15040, which includes and expands those definitions
provided in c) above.
II. CONFLICTS. In the event there is any conflict between the Public
Resources Code sections and the Guidelines sections the Public
Resources Code shall govern.
In the event there is any conflict between the Public Resources
Code and these local guidelines the provisions of the Public
Resources Code shall govern.
III. INFORMATIONAL DOCUMENT. The purposes and objectives of an Environ-
mental Impact Report (EIR) are prescribed as follows (Guidelines
15012):
An Environmental Impact Report is an informational document which,
when fully prepared in accordance with the CEQA and these local
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guidelines, will inform public decision-makers and the general
public of the environmental effects of projects they propose to
carry out or approve.
The EIR process is intended to enable public agencies to evaluate
a project to determine whether it may have a significant effect
on the environment, examine and institute methods of reducing adverse
impacts, and consider alternatives to the project as proposed. These
things must be done prior to approval or disapproval of the project.
An EIR may not be used as an instrument to rationalize approval of
a project, nor do indications of adverse impact, as enunciated in
an EIR, require that a project be disapproved--public agencies
retain existing authority to balance environmental objectives with
economic and social. objectives.
IV. EXEMPTIONS. The following projects shall be exempt from the require-
ment of an environmental impact report:
a) ONGOING PROJECTS. Those set forth in Guidelines 15070,
subparagraph b,c,d and e.
b) EMERGENCY PROJECTS. Those set forth in Guidelines 15071 .
c) . FEASIBILITY AND PLANNING STUDIES. Those set forth in
Guidelines 15073.
d) MINISTERIAL PROJECTS. Those set forth in Guidelines 15073.
(1 ) Also deemed to be ministerial is the issuance of
permits under the uniform building, electrical ,
plumbing, mechanical and housing codes adopted by
the Town.
e) CATEGORICAL EXEMPTIONS. Those set forth in Guidelines
15100 through 15112.
(1 ) Except that Guidelines 15114 may modify the right
to the exemptions based on location as determined
by the Decision Making Body.
V. EXEMPTION DETERMINATION. The decision concerning the exemptions
set forth in Paragraph IV hereof shall be made by the City Manager
or his designated representative and shall be recorded in writing
on an Exemption Determination Form prepared by the Town. Each
Exemption Determination made pursuant to subsections b, c and e
of Section IV above shall be promptly reported to the City Council .
VI. ALTERNATE DETERMINATION. In the event the City Manager or his desig-
nated representative is unable to determine that the project comes
within the exemptions set forth in Paragraph IV, then the matter
shall be referred in writing to the Decision Making Body for a deter-
mination as to whether or not the project may have a significant effect
upon the environment. The applicant shall submit information required
by the Town on an Environmental Assessment Worksheet form prepared
by the Town.
In the event the Decision Making Body determines that said project
may not have a significant effect upon the environment, the Town
Clerk shall file a Notice of Determination with the County Clerk of
the County of Santa Clara.
In the event the Decision Making Body determines that the project
may have a significant effect on the environment, an environmental
impact report shall be prepared, in accordance with the _Guidelines,
15085, subsections (a) through (h).
VII. NEGATIVE DECLARATION. In the event the Decision Making Body deter-
mines that the project, which would ordinarily, be expected to have
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a significant effect upon the environment, but due to circumstances
peculiar to this specific project will have no significant effect,
it will then cause a Negative Declaration to be prepared.
The Negative Declaration shall include a description of the pro-
ject, as proposed, and the finding that the project will not have
a significant effect on the environment.
The Negative Declaration shall be filed with the Town Clerk and
County Clerk.
If no objection to the decision is made within 10 days of the post-
ing of the Negative Declaration, and thereafter upon approval or
disapproval of the project, the Town Clerk shall file a copy of the
Negative Declaration and a Notice of Determination with the County
Clerk, County of Santa Clara.
The determination of the Decision Making Body shall be final except
that determinations made in conjunction with other determinations
of the Decision Making Body which are subject to appeal shall like-
wise be subject to appeal .
VIII. MANDATORY FINDINGS OF SIGNIFICANCE. The mandatory findings of
significant effect shall be as set forth in 15082 of Guidelines.
IX. FEES AND DEPOSITS. In addition to any other fee required with an
application for any entitlement from the Town, the following
minimum fees shall be charged to meet the requirements of this
Resolution, the Guidelines and the Public Resources Code:
a) For determination of exemptions, a fee of $ 0 , deposit
of $ 0 .
b) For processing a Negative Declaration, a fee of $ 25,
deposit of $100.
c) For processing a Draft Environmental Impact Report and
Final Preparation and Summary Form a fee of $100, deposit
of $500.
In the event the deposits do not meet the full costs, the applicant
shall pay the additional costs upon submission of the Town's invoice.
X. NOTICE OF DETERMINATION FORM. The Notice of Determination shall be
in the form as set forth in Exhibit "A" attached hereto and made a
part hereof.
XI. NEGATIVE DECLARATION FORM. The Negative Declaration shall be in the
form as set forth in Exhibit "B" attached hereto and made a part
hereof.
XII. NOTICE OF COMPLETION FORM. The Notice of Completion shall be in the
form required by Public Resources Code 21161 , as set forth in Exhibit
"C" attached hereto and made a part hereof.
XIII. EIR CONTENTS. The contents of the Environmental Impact Report shall
include those matters set forth in 21100 of the Public Resources
Code, 15140 through 15146 of the Guidelines and such other matters
as the Town may require in connection with the filing of the Environ-
mental Impact Report or any preliminaries in relation thereto.
XIV. INFORMATION FOR EIR. Town reserves the right to require any and
all applicants for entitlement from Town to submit any and all infor-
mation necessary to prepare the required Environmental Report. The
Town may require all applicants to set forth the source of the infor-
mation submitted. The Town shall require the payment of fees
authorized by 15053 of the Guidelines, and a deposit in such an amount
to secure payment thereof, which may be in addition to those provided
in part IX hereof.
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XV. PUBLIC PROJECTS. The Town shall also follow the provisions of
these local guidelines for processing its public projects.
XVI. FEDERAL PROJECTS. Any proposed Federal project within the Town
which may have a significant effect on the environment shall be
processed in accordance with 15063 of the Guidelines and these
local guidelines.
XVII. DRAFT EIR. When a draft EIR is available for review, it shall be
filed with the Town Clerk who shall post notice thereof., A period
of 10 days may be allowed for public review of the draft.
a) When a final EIR is prepared, it shall be filed with the
Town Clerk who shall post notice thereof. The determination
on the final EIR shall be made by the Decision Making Body
except as to any matters which may be subject to appeal as
provided herein.
XVIII. POSTING OF NOTICES. Posting required herein by the Town Clerk
shall be made at the Town Hall .
XIX. CONTINUANCE. The Decision Making Body may continue any matter
relating to proceedings under these local guidelines, from time
to time, for the purpose of obtaining further information or for
obtaining public response.
XX. SEVERABILITY. If any section, subsection, sentence, clause or
phrase of these local guidelines is for any reason held to be
illegal , invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions hereof. The Council hereby
declares that it would have passed these local guidelines and
each section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared to be illegal , invalid
or unconstitutional .
XXI. POSTING. These local guidelines shall be posted in three public
places and take effect immediately.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted at an
adjourned regular meeting of the City Council of the Town of Los Altos Hills held
on the 18th day of April , 1973.
ATTEST:
City Clerk '
NOTICE OF DETERMINATION.
TO: County . Clerk
County of Santa Clara
191 N. 1st Street
San Jose, Calif. 95110
Town. of Los Altos rills
Responsible Agency
Project—Title
26379 Fremont Road, Los Altos Hills, Santa Clara County, 94022
Sown Clerk 415 948-9127
Contact Person Area Code Phone
PROJECT DESCRIPTION, LOCATION:
T
ne Town oflosAlfos by
action taken on
19 , completed a review of thePro proposed
project and determinedrmi e
a
that :
1. It is exempt as :
[ ] ONGOING PROJECT [ ] EMERGENCY PROJECT
[ ] FEASIBILITY And PLANNING STUDY [. ] MINISTERIAL PROJECT
[ ] CATEGORICAL
2. It have a significant effect on the
(will or will not)
environment.,ens. •
3. It is
(approved or. disapproved)
An Environmental Impact Report been prepared
(has or has not)
-suant to the provisions of the California Environmental Quality
of 1970, as amended.
. Date :
Town Clerk .
Exhibit r"A1
l ON
1 � CLa�14�-� ..{..
NEGATIVE L 1J.0
TO: County Clerk
County of Santa Clara
191 N. 1st Street
San Jose, Calif. 95110
Town of Los Altos Hills
Responsible Agency
Project Title
25379 Fremont Road, Los Altos Hills, Santa Clara County, 94022
Town Clerk 415 948-9127 ;
Contact Person Area Code Phone
PROJECT DESCRIPTION, LOCATION°
The Town of Los Altos 'Hills by action taken on ,
19 , completed a review of the proposed project and determined
that :
1. It will not have a significant effect on the environment .
2. No Environmental Impact Report is required.
Unless appealed within 1O. days hereof the determination shall
be final.
Appealed.: [ ] Yes [ ] No. Date Final: •
By
Town Clerk
Exhibit "B"
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NOTICE OF COMPLETION
TO: SECRETARY FOR RESOURCES
1416 Ninth Street, Room .1311
Sacramento, California 95814
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Town of Los Aitos Hills
Responsible Agency
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Project Title
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26379 Fremont Road, Los Altos Hills, Santa Clara County, 94022
Town. Clerk 415 948-9127
Contact Person Area Code Phone
PROJECT DESCRIPTION OF NATURE, PURPOSE, AND BENEFICIARIES
Town of Los Altos Hills
Project Location
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. . ..Santa Clara •
Project Location "County
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26379 Fremont Road, Los Altos Hills, California
Address Where Copy:. of Draft EIR is Available
Date : . For Town of Los Altos
By . .
Town Clerk
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Exhibit "Crs