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HomeMy WebLinkAbout5157 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. 1 5157 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. 2 5157 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. 3 5157 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 4 5157 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. 5 5157 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. 6 5157 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. 7 5157 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. 8 5157 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