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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:
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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repealed effective May l, 1978.
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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.
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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.
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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.
.
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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.
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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.
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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.
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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.
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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
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City Clerk of the City of Arcadia
this 2lst day of March, 1978.
(SEAL)
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