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HomeMy WebLinkAbout4727 RESOLUTION NO. 4727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING AMENDED REGULATIONS FOR ENVIRONMENTAL DOCUMENTS PURSUANT TO THE CALI- FORNIA ENVIRONMENTAL QUALITY ACT OF 1970 WHEREAS, the Resources Agency of California on January 24, 1978 adopted amended guidelines for implementation of the Cali- fornia Environmental Quality Act of 1970 in accordance with Section 21082 of the Public Resources Code; and WHEREAS, t.he said amended guidelines are to be used in the implementation of said act and more particularly in the pre- paration and evaluation of environmental documents commencing May l, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA AS FOLLOWS: ./ SECTION 1. This resolution shall become effective May 1, 1978, and Resolution No. 4598 and Resolution No. 4709 are hereby repealed effective May l, 1978. " SECTION 2. That the objectives, criteria and procedures hereafter set forth shall reg~late the evaluation of projects and the preparation of environmental documents: 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 docu- ments as required by the California Environmental Quality Act of 1970, the Guidelines for Implementation of the California Environ- mental Quality Act of 1970, hereinafter referred to as "State EIR Guidelines" and the provisions of this resolution. -l- II. DEFINITIONS. The definitions used in the State EIR Guidelines shall be applicable to the terms used in this resolution. 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 CEQAshall 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 determina- tion as to whether or not the proposed activity is exempt from CEQA; 1. Whether or not the proposed activity is a "project". 2. Whether or not the project has no possible significant ef- fect 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 EIR 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 limited to the following: a. The issuance of building permits. b. The issuance of business licenses. c. The approval of final maps. d. The approval of final parcel maps. e. The approval of individual utility service connections arid disconnections. -2- 4727 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. 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 recrea- tional surfaces. 1. Building maintenance including changes in movable equipment or building equipment. B. Procedures for the Conduct of Initial Studies. If a project is not exempted by the-State EIR 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. Applications for projects are hereby deemed as not received for filing .until such time as the environmental documentation required by CEQA.has been completed under the following conditions: (a) The enabling legislation for a program requires the City or a City Officer, to take action on an applica- tion within a specified time of sixty (60) days or less, and (b) The enabling legislation provides that the project will become approved by operation of law if the City or City Officer fails to take any action within such specified time period, and (c) The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use. . -3- 4727 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. rf the initial study discloses that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared. rf the initial study discloses that the proposed project may have a significant effect on the environment, an environmental impact report shall be prepared. If an applicant for a private project does not concur with the determination that an environmental impact report is re- quired, said applicant may request that a review of the deter- mination 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. When the appli- cation is for a lease, permit, license ,certificate, or other entitlement for use, the city shall make an initial determina- tion of whether the project will need an environmental impact report or a negative declaration within 45 days from the date on which an application requesting approval for the project is received and accepted as complete. C. 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 process- ing of the project initiated by others. Notice of the preparation of a negative declaration shall be provided to the public in accordance with CEQA. -4- 4727 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. D. Provisions for the Preparation of Environmental 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 initiated by others or by such other department as may be directed by the City Manager. Private consultants may, from time to time, be contracted for by the city for the preparation of environmental impact reports. E. 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 entitlement for use within one year 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. 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 env~r- onmental impact report is required for a project, the cit~ shall consult with all responsible agencies. . If an environmental impact report is required for a project, the city shall send to each responsible agency by certified mail a notice of preparation stating that an environmental impact report will be prepared. -5- 4727 After completing the draft environmental impact report or nega- tive 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 Sections 15083 and 15085 of the Guidelines. As soon as a draft environmental impact report is completed, a notice of completion shall be filed with the Secretary for the Resources Agency. F. 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 inspection at the City Hall. Copies of environmental documents shall be made available to the public at cost. In order to afford the public adequate time for review and comment, a minimum of ten (10) days shall be provided between the notice of the preparation of a negative declaration and the city's adoption 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 notice of the preparation of a draf~ environmen- tal impact report and the city's certification of the environ- mental impact report. G. 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 environmental points raised in the review and consultation process which shall be incorporated into the final environmental impact report. -6- 4727 A list of persons commenting shall also be incorporated into the final environmental impact report. H. Provisions for the Review and Consideration of Environmental 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 the project will not have a significant effect on the environment. If an environmental impact report has been prepared for a project, it shall 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 dis- position by the city. If a project is disapproved, the requirements of CEQA, the State EIR Guidelines, and this resolution do not apply. I. Provisions for Filing Documents Required or Authorized by CEQA, The State EIR Guidelines, or this Resolution. The filing of environmental documents shall be the responsi- bility of the city, and shall be filed in accordance with CEQA and the State EIR Guidelines. -7- 4727 J. 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 certifi- cation that the decision-making body has reviewed and con- sidered 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 pri- marily responsible for the processing of an application for a private project, or such other city department as may be di- rected by the City Manager. K. Those provisions of the State EIR Guidelines not inconsistent with these regulations are by this reference incorporated herein. SECTION 3. The City Clerk shall certify to the adoption of this resolution. 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 2lst day of March, 1978, by the affirmative vote of at least three Council Members, to wit: AYES: Council Members Gilb, Lauber, Margett, Parry and Saelid None NOES: ABSENT: None SIGNED AND APPROVED ~~~ City Clerk of the City of Arcadia this 2lst day of March, 1978. (SEAL) -8- r 4727