HomeMy WebLinkAboutAgenda Statement 1974/05/07 Item 08
AGENDA .ITEM NO. [ 8 ]
CHULA VISTA CITY COUNCIL MEETING OF: May 7, 1974
ITEM TITLE: Resolution - Amending .the Environmental Keview Policy regarding
the Notice of Exemption
INITIATED BY: Director of Planniny
BACKGROUND
On March 4, 1974, tile Governor signed into laVl Assembly Bill 2338 which is an
amendment to the California Environmental Quality Act of 1970. It provides a
means for public notice of certain decisions that a project is exempt from the
requirements of CEQA.
AB 2338 provides for filing a public notice with the County Clerk whenever a
public agency determines that environmental documentation is not required for
a project because the project is either: (a) ministerial, (b) categorically
exempt, (c) an emergency repair to public service facilities, or (d) a repair
or replacement of facilities damaged or destroyed as a result of a disaster
in a disaster stricken area in which a state of emergency has been proclaimed
by the Governor. The bill does not require that a notice be filed; it permits
a public agency to do so if it wishes.
Since uecember 1972, CEQA has provided a 3D-day statute of limitations for
challenging project determinations made on the basis of an EIR or a negative
declaration. However, a determination based upon a claim of exemption was
subject to court challenge for 180 days following the decision to proceed with
the project. A8 2338 now provides a 35-day statute of limitations for notices
of exemption. If no claim of exemption is filed, the statute of limitations
is 180 days as before.
(see attached supplemental sheet)
ATTACHED:
Resolution [X]
Ordinance [ ]
Agreement [ ]
Plat [ ]
See EXHIBITS [X] No.1
Financial Statement:
NA
Commission-Board Recommendation:
r~A
~artment Head Recommendation: Adopt the attached resolution amending the
Environmental Review Policy.
City Manager Recommendation:
Concur
K7J9/
_'""'u-.'">".,~__'"'... ...._,. w,,~
"
City Council Meeting
May 7, 1974
Supplemental Sheet No.1
Agenda Item NO.8
Until now, all exemption determinations were made in-house. There was no way
for the public to know that such a determination had been made. Therefore,
while AB 2338 gives certainty to exemption determinations' by establishing a short
statute of limitations, the certainty is available only if public disclosure
has been made by filing the notice of exemption.
On March 22, 1974 the Secretary for Resources promulgated emergency revisions
to the California Administrative Code providing definitions and procedures for
the notice of exemption. These were published in the ErR Monitor of t~arch 25,
1974 which was received by the City on April 4, 1974.
The Environmental Review Committee on April 11, 1974 recommended that the City
Council amend the Environmental Review Policy as follows:
Amend Policy Section 3 Definitions, after Notice of Determination add,
Notice of Exemption.
Notice of Exemption. Notice of Exemption means a brief notice which may
be filed by the City of Chula Vista when it has approved or determined to
carry out a project, and it has determined that it is ministerial, cate-
gorically exempt or an emergency project. Such a notice may also be filed
by an applicant where such a determination has been made by the City of
Chula Vista. The contents of this notice are e~plained in Section 4.2 of
this policy.
Add to Section 4.2 Counter Review.
When the Coordinator determines that a project is exempt from the require-
ments of CEQA because it is an emergency project, a ministerial project or
categorically exempt, and the City of Chula Vista approves or determines
to carry out the project, he may file a notice of exemption. Such a notice
shall include (1) a brief description of the project, (2) a finding that
the project is exempt, including a citation to the California Administrative
Code section under which it is found to be exempt, and (3) a brief state-
ment of reasons to support the findings.
Whenever the City of Chula Vista approves an applicant's project, the
applicant may file a notice of exemption. The notice of exemption filed
by an applicant shall contain the information required in the subdivision
above, together with a certified document issued by the City of Chula
Vista stating that it has found the project to be exempt. This may be a
certified copy of an existing document of record of the City of Chula Vista.
The Notice of Exemption shall be filed with the County Clerk of the County
of San Diego.
f(7J 9/