SunnyvaleRTC

June 8, 2004

SUBJECT: Update of Local CEQA Guidelines

REPORT IN BRIEF

Staff recommends the City Council repeal the existing City guidelines adopted in 1986 and adopt the State Guidelines instead as the City’s implementing procedures. This approach is specifically authorized by CEQA, will ensure ongoing compliance as the law changes, and will obviate the need for future amendments. Staff is also recommending that Legislative Policy 2.1.11 (adopted in 1981 to refer to earlier CEQA resolutions) be updated.

BACKGROUND

The California Environmental Quality Act (“CEQA”) requires all public agencies to review and consider the environmental consequences of projects which they carry out or approve. CEQA calls for the state to adopt a comprehensive set of guidelines (“the State Guidelines”) to assist in implementation of the law, and requires that public agencies adopt local procedures for implementation as well. The City complied with this requirement by approving Resolution No. 193-86, adopting “Objectives, Criteria and Procedures for the Evaluation of Projects and the Preparation of Environmental Impact Reports Pursuant to the California Environmental Quality Act of 1970.” The City has not updated its procedures since Resolution No. 193-86 was passed in August 1986. Since then, there have been numerous changes and amendments to the CEQA law (Public Resources Code §§ 21000, et seq.) and State Guidelines (Cal.Code of Regs., Title 14, §§ 15000, et seq.). The practical effect of this has been that the City has relied upon the State Guidelines rather than local policies to ensure compliance with CEQA requirements.

DISCUSSION

The existing local guidelines were adopted by Resolution No. 193-86 in 1986. They consist of a list of definitions, categorical exemptions and select sections found in the then-current state guidelines. The City needs to update its local CEQA procedures to reflect current environmental rules and regulations. The proposed resolution will repeal the existing, outdated procedures and instead incorporate by reference the State Guidelines, which are revised every two years. CEQA specifically authorizes this approach, which has the advantage of ensuring that the City’s local guidelines remain current with changing law without the need for formal action. By adopting the State Guidelines as its local procedures, the City will automatically stay current with changes in the law.

In addition to adoption of the State Guidelines, the resolution proposes the adoption of supplemental procedures to provide further assistance to project proponents regarding specific practices in Sunnyvale. The supplemental procedures attached to the proposed resolution as Exhibit "A", provide an overview of the CEQA process and discuss the City’s systems for processing project applications. They also describe the City’s policies for ensuring City projects comply with CEQA requirements as well as private projects.

Legislative Policy 2.1.11, adopted by the City Council in 1981, recognizes that local procedures are required and refers to earlier resolutions adopting local guidelines. It is further proposed this Legislative Policy be revised to reflect the City has adopted the State CEQA Guidelines as its local procedures, along with supplemental regulations to explain the City’s processing requirements.

FISCAL IMPACT

None.

PUBLIC CONTACT

Standard Council Agenda posting and publication, including availability in the Library and on the City's website.

ALTERNATIVES

1. Adopt the resolution adopting the State CEQA Guidelines as local procedures with supplemental regulations, and revise Legislative Policy 2.1.11.

2. Do not adopt the proposed resolution or revise the Legislative Policy.

RECOMMENDATION

Alternative #1: Adopt the resolution adopting the State CEQA Guidelines as local procedures with supplemental regulations, and revise Legislative Policy 2.1.11.

Valerie J. Armento
City Attorney

Attachments

A. Resolution

B. Legislative Policy 2.1.11