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RESOLUTION NO. 5157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING
AMENDED REGULATIONS FOR ENVIRONMENTAL DOCUMENTS.PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970.
WHEREAS, amended State CEQA guidelines were approved by the Office of
Administrative Law and filed with the Secretary of State for the
implementation of the California Environmental Quality Act .of 1970 in
accordance with Section 21082; and
WHEREAS, the said amended guidelines are to be used in the
implementation of said act and more particularly in the preparation and
evaluation of environmental documents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARCAD IA AS FOLLOIIS:
SECTION 1. This resolution shall become effective January 4, 1984 and
Resolution No. 4598, Resolution No. 4709, Resolution 4727 and Resolution 4780
are hereby repeal ed effective January 4, 1984.
SECTION 2. That the objectives, criteria and
forth shall regulate the evaluation of projects and
environmental documents:
procedures hereinafter
the preparation of
set
I. OBJECTIVES. It is the purpose of this resolution to protect the
environment of the City of Arcadia by requiring the evaluation of the possible
adverse environmental effects of all activities or projects which are
undertaken by the City or for private activities or projects which are subject
to the discretionary approval of the City, and by requiring the preparation of
such environmental documents as required by the California Environmental
Quality Act of 1970, the Guidelines for Implementation of the California
Environmental Quality Act of 1970, hereinafter referred to as the "State CEQA
Guidelines" and the provisions of this resolution.
II. DEFINITIONS. The definitions used in the State CEQA Guidelines
shall be applicable to the terms used in this resolution.
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III. PROCEDURES FOR THE EVALUATION OF PROJECTS AND THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS.
A. Procedures for Identifying the activities that are exempt from
CEQA.
The responsibility for the determination if an activity is exempt from
CEQA shall rest with the City department proposing the activity or the City
department primarily responsible for the processing of an application for a
private activity, or such other City department as may be directed by the City
Manager.
Said department shall consider the following in its determination as to
whether or not the proposed act i vi ty is exempt from CEQA:
1. Whether or not the proposed activity is a "project".
2. Whether or not the project has no possible significant
effect on the environment.
3. Whether or not the project is an "emergency project".
4. Whether or not the project is "categorically exempt".
Categorically exempt projects shall include but not be
limited to the following:
a. The classes of projects set forth in the State CEQA
Guidelines.
b. Modifications permitted under the zoning ordinance.
c. Weed abatement projects.
5. Whether or not the project is a "ministerial project".
Ministerial projects shall include but not be.l imited to the
foll owi ng:
a. The issuance of building permits.
b. The issuance of business 1 icenses.
c. The approval of final maps.
d. The approval of final parcel maps.
e. The approval of individual utility service connections
and disconnections.
f. The installation of replacement or additional valves
in existing water mains.
g. The installation of replacement or additional fire
hydrants on existing water mains.
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h. The relocation of water services.
i. The relocation of fire hydrants.
j. The undergrounding of utility lines.
k. The resurfacing of existing streets or hard
recreational surfaces.
1. Building maintenance including changes in movable
equipment or building equipment.
B. Review of Applications for Completeness
The City shall determine whether an application for a permit or
other entitlement for use is complete within 30 days from the receipt of the
application except as otherwise provided by State law or the State CEQA
Guidelines. If no written determination of the completeness of the
application is made within that period, the application will be deemed
complete on the 30th day.
C. Procedures for the Conduct of Initial Studies.
If a project is not exempted by the State CEQA Guidelines, an initial
study shall be conducted to determine if the project may have a significant
effect on the environment.
Applicants for private projects shall provide all information required
by CEQA and the City necessary for the preparation of the initial study
The City shall determine within 45 days after accepting an application
as complete whether it intends to prepare an EIR or a negative declaration or
use a previously prepared EIR or negative declaration except as otherwise
provided by State Law or the State CEQA Guidelines.
The responsibility for the preparation of an initial study shall be with
the City department sponsoring the proposed project, or the City department
primarily responsible for the processing of projects initiated by others.
If the initial study discloses that the proposed project will not have a
sign'ificant effect on the environment, a negative declaration shall be
prepared.
If the initial study discloses that the proposed project may have a
significant effect on the environment, an environmental impact report shall be
prepared.
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If an applicant for a private project does not concur with the
determination that an environmental impact report is required, said applicant
may request that a review of the determination be made by an Environmental
Impact Assessment Committee. Said committee may affirm or reverse said
determination. The Environmental Impact Assessment Committee shall consist of
the City Manager, Director of Public Works and the Director of Planning, or
their designated representatives.
D. Provisions for the Preparation of Negative Declarations.
Negative Declarations, when required, shall be prepared and filed by the
City department sponsoring the proposed project or the City department
primarily responsible for the processing of the project initiated by others.
Notice of the preparation of a negative declaration shall be provided to
the public in accordance with CEQA.
The City shall complete and adopt a negative declaration for a lease,
license, permit, certificate, or other entitlement for use within 105 days
from the date on which an application requesting approval for the project is
received and accepted as complete. The aforementioned time period may be
extended upon the mutual consent of the city and the applicant.
E. Provi sions for the Preparation of Envi ronmental Impact Reports
Environmental impact reports, when required, shall be prepared or caused
to be prepared by the City department sponsoring the proposed project or by
the City department primarily responsible for the processing of the project
i oi ti ated by other's or by such other depa rtment as may be di rected by the City
Man ager.
Private consultants may, from time to time, be contracted for by the
City for the preparation of environmental impact reports.
Applicants for private projects shall place on deposit with the city
funds to pay fqr the cost of the preparation of the EIR.
The applicant shall received any unencumbered portion of said deposit
following the certification of the EIR.
Notice of the preparation of an environmental impact report shall be
provided to the public in accordance with CEQA. The city shall complete and
certify an environmental impact report for a lease, permit, license,
certificate, or other enti tl ement for use within one year from the date on
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which an application requesting approval for the project is received and
accepted as complete. The aforementioned time period may be extended upon the
mutual consent of the city and the applicant.
F. Suspension of time period.
An unreasonable delay by an applicant in meeting requests by the City
necessary for the preparation of a negative decJaration or an EIR shall
suspend the running of the time period for the period of the unreasonable
delay. Alternatively, the City may disapprove a project application where
there is unreasonable delay in meeting requests.
G. Provisions for consulting with and 'obtaining comments from other
public agencies and members of the public with regard to the environmental
effects of projects.
Prior to determining whether a negative declaration or environmental
impact report is required for a project, the City shall consult with all
responsible agencies.
If an environmental impact report is required by a project, the City
shall send to each responsible agency, pursuant to the State CEQA Guidelines,
a notice of preparation stating that an environmental impact report will be
prepared.
After compl eting the draft environmental impact report or negative
declaration, the City shall also consult with and seek to obtain comments from
each responsible agency and other public agencies having jurisdiction by law
and should consult with persons having special expertise as described in
Section 15086 of the State CEQA Guidelines.
As soon as OJ draft 'environmental impact report is completed, a notice of
completion shall be filed with the Secretary for Resources.
H. Provisions assuring adequate opportunity and time for the public
to review and comment on the draft environmental impact report or negative
declaration.
Copies of draft environmental impact reports and of negative
declarations shall be made available for public inspections at the City Hall.
Copies of environmental documents shall be made available to the public at
cost.
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In order to afford the public adequate time for review and comment, a
minimum of ten (10) days shall be provided between the public notice of the
preparation of a negative declaration and the City's approval of said negative
declaration.
In order to afford the public adequate time for review and comment, a
minimum of thirty (30) days shall be provided between the public notice of the
preparation of a draft environmental impact report and the City's
certification of the environmental report.
I. Provisions for Evaluating and Responding to Comments Received on
Environmental Documents
Comments received prior to the City's certification of an environmental
impact report shall be incorporated in summary in the final environmental
impact report.
The City shall respond to significant
review and consultation process which shall
environmental impact report.
A list of persons commenting shall also be incorporated into the final
environmental impact report.
J. Provisions for the Review and Consideration of Environmental
environmental points
be incorporated into
raised in the
the final
Documents by the Person or Decision-Making Body Who Will Approve or Disapprove
a Project.
If a project is categorically exempt, it shall be so stated in writing
in the report to the decision-making body, at the time it is to act on said
project.
If a negative declaration has been prepared for a project, it shall be
so stated in writing in the report to the decision-making body, at the time it
is to act on said project. Either the initial study or a summary of the
findings contained in the initial study shall be included with or incorporated
into the report to the decision-making body. A motion to adopt the negative
declaration by the decision-making body shall constitute a finding that the
facts contained in the initial study are true and correct and a finding that
~he project will not have a significant effect on the environment.
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Public hearings are encouraged, but not required as an element of the
CEQA process. Public hearings may be conducted on the environmental
documents, either in separate proceedings or in conjunction with other
proceedings of the City.
If an environmental impact report has been prepared for a project, it
may be scheduled for a public hearing before the decision-making body either
prior to or concurrent with the public hearing on the proposed project or its
final disposition by the city.
I f a project is di sap proved , the requi rements of CEQA, the State CEQA
Guidelines, and this resolution do not apply.
K. Provisions for Filing Documents Required or Authorized by CEQA,
the State CEQA Guidelines, of this Resolution.
The filing of environmental documents shall be the
City, and shall be filed in accordance with CEQA and the
Guidelines.
responsibil i ty
State CEQA
of the
L. Providing Adequate Comments on Environmental Documents which are
Submitted to the City for Review.
Environmental documents which are submitted to the City for review shall
be directed by the City Manager to the City Department with the greatest
expertise with respect to this project, for the coordination of other City
departments and the preparation of appropriate comments.
M. The Assignment of Responsibility for Specific Functions to
Specific Units of the Public Agency
The responsibility for the determination of whether a project is exempt,
the conduct of an initial study, the preparation of a negative declaration or
an environmental impact report, the preparation of responses to public
comments, the certification that the decision-making body has reviewed and
considered a negative declaration or an environmental impact report, and the
filing of notices shall rest with the City department proposing the project or
the City department primarily responsible for the processing of an application
for a private project, or such other City department as may be directed by the
City Manager.
N. Those provisions of the State CEQA Guidelines not inconsistent
with these regulations are by this reference incorporated herein.
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O. Fees~ That when it is determined that an Environmental Impact
Report is necessary the applicant shall deposit with the City a sum of money
equal to the estimated cost of preparing the Environmental Impact Report plus
a $500 deposit. If the actual cost of preparing the Environmental Impact
Report exceeds the deposit, the applicant shall pay the balance due upon
demand, or the same may be deducted from the balance of the $500 deposit or
additions thereto remaining after the deductions hereinafter specified are
made. The costs and fees incurred by the City for processing and reviewing
the Environmental Impact Report shall be deducted from aforesaid $500 deposit.
The City's fee shall be determined by computing the hourly rate for each
employee spending time on the Environmental Impact Report, plus 30% of the
amount determined by such computation. If the City's costs and fees appear
that they will exceed the amount of the deposit, the applicant shall be so
informed in writing along with an itemized list of expenditures and
accumulated fees to date, and shall provide such additional deposit as may be
required to cover said costs and fees before such costs are incurred. The
applicant shall receive any unencumbered portion of the $500 deposit made for
preparation of the Environmental Impact Report following the City's action on
the application.
SECTION 3. The City Council finds that the costs specified in Section 2
hereto and the methods of computation therefor are equitable and reflect costs
incurred by the City in processing and reviewing an Environmental Impact
Report.
SECTION 4. The City Clerk shall certify to the adoption of this
resolution.
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I HEREBY CERTIFY that the foregoing resolution was adopted
at a regular meeting of the City Council of the City of Arcadia
held on the 3rd day of January, 1984 by the affirmative vote of
at least three Council Members, to wit:
AYES: Councilmen Dring, Haltom, Pellegrino, and Lojeski
NOES:
ABSENT: Councilman Hannah
City Clerk of the City of Arcadia
SIGNED AND APPROVED THIS 3rd day of January, 1984.
~c?~
....
Mayor of the City
Arcadia
ATTEST:
~~2;,
City Clerk