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Home My WebLink About4598 '-' RESOLUTION NO. 4598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING AMENDED REGULATIONS FOR ENVIRONMENTAL DOCUMENTS PURSUANT"TO THE ENVIRON- MENTAL QUALITY ACT OF 1970 WHEREAS, the California Resources Agency on Se~tember 30, 1976 adopted amended guidelines for implementation of the California Environmental Quality Act of 1970 in accordance with Section 21083 of the Public Resources Code; and WHEREAS, the said amended guidelines are to be used in the imple~entation" of said Act and more particularly in the preparation and evaluation of environmental documents commencing January I, 1977; NOW"THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCADIA AS FOLLOWS: SECTION 1. This Resolution shall become effective January 1, 1977 and Resolution No. 4484 is hereby repealed effective January 1, 1977. SECTION 2. That the objectives, criteria and procedures hereafter set forth shall regulate the evaluat~on 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 -1- 4598 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 Guideline~ for Imple- mentation of the California Environmental Quality Act of 1970, and the provisions of this resolution. I'. I II DEFINITIONS The definitions used in the Guidelines shall be applica- ble 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 or projects that are exempt from CEQA. Responsibility for determining if an activity is exempt from CEQA shall be with the City department sponsoring the proposed project or the City department primarily responsible for the processing of projects initiated by others. Said department shall consider the following in its determination as to whether or not the pr9Posed project will . have a possible 'adverse effect on the environment: 1. Whether or not the project has no possible significant effect. 2. Whether or not an activity is a "project" (as defined by CEQA). I , i I -2- 4598 I I I I I 3. Whether or not the project is a "ministerial project (as defined by CEQA). . 4. Whether or not the project is an "emergency project" (as defined by CEQA). 5. . Whether or not the project is "categorically exempt" (as.defined by CEQA). Ministerial projects shall include but not be limited to the following: I. Issuance of building permits. 2. Issuance of business license.. 3. Approval of final subdivision maps. ~. Approval of individual utility service connections and disconnections. 5. Installation of replacement or additional valves in existing water mains. 6. Installation of replacement or additional fire hydrants on existing water mains. 7. Relocation of water services. 8. Relocation of fire hydrants. 9. Undergrounding of utility lines. 10. Resurfacing of existing streets or hard recreational . surfaces. 11. Building maintenance including. changes in movable equipment or building equipment. -3- 4598 Categorically exempt projects shall include but not be limited to the following: 1. Modification permits under the zoning ordinance. 2. Weed abatement projects. B. "Procedures for the conduct of initial studies. If a project is not exempted by these guidelines, an initial study shall be conducted to determine if the project may have a signi- ficant adverse effect on the environment. Responsibility for preparing an initial study shal'l be with the City department sponsoring the proposed project, or the City department pri~ marilyresponsible for the processing of projects initiated by others. . A copy of the initial study shall be filed with the file relating to the respective project. Applicants for private projects shall provide all in- formation required by the City, necessary for the preparation of the initial study. If the initial study discloses that the proposed project may have a significant effect on the environment, an Environ- mental Impact Report shall be prepared. 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 , I determination be 'made by an Environmental Impact Assessment Committee. Said 'Committee may affirm or reverse said deter- mination. The Environmental Impact Assessment Committee shall -4- 4598 consist of the City Manager, Director of Public 'Works and the Director of Planning, or their designated representatives. rfthe initial study discloses that the proposed project will not have a significant effect on the environment, a negative declaration shall be prepared. C" Provisions for the preparation of negative declara- tions. Negative declarations, when required, shall be prepared and filed ,by the City department sponsoring the proposed proje~t or ,the City department primarily responsible for the processing initiated by others. A copy of the negative declaration shall be filed with the file relating to the respective project. ,If the project requires publication or posting of notice, said notice shall specify "Negative Declaration". Upon completion of a negative declaration, said declara- tion shall be filed pursuant to the requirements of the'CEQA. The City shall charge and collect a fee for the prepara- tion of a negative declaration for private projects based upon actual cost to the City, including salary and. overhead, in accordance with the applicable schedule thereof prepared and approved ,by the City Manager. D. Provisions for the preparation of environmental impact reports. Environmental impac,t reports when required for public projects shall be prepared or caused to be prepared by the City department sponsoring the proposed project, or such other -5- 4598, 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 for public projects. Environmental impact reports, ,when required, for private projects shall be prepared or caused to be prepared by the City department to which application for the proposed project is to be made, or 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 for private projects. After being notified that an environmental impact report , I' , , will be, required, the applicant shall deposit with the City a, sum sufficient to cover and meet all City costs and expenses, including salary and overhead for the preparation and process- ing of the environmental impact report, including notices of hearings; the amount to be deposited shall be estimated by the City department to which the application for the proposed , , project is to be made, or such other ,department as may be directed by the City Manager in accordance with the City Manager's schedule referred to ln "c" above. , Any balance remaining in such fund over and above actual City expenses including salary and overhead, after completion and processing'of the report by the City, shall be refunded to ,the applicant,making the deposit. -6- Should the C~ty's expenses 4598 exceed the amount deposited, the applicant shall pay that additional sum upon demand before final action is taken by the City on the project. The applicant shall provide, at his cost, such informa- tion as is requested by the City to assist in the preparation of the report., E. Provisions for consulting with and obtaining comments from other public agencies and members of the public with regard to the environmental effects of projects. Other public agencies which may be affected by the pro- ject shall be consulted for their comments as ,a part of ,the preparation of an environmental impact report. Upon the completion of an environmental impact report, other public agencies which may be affected by the project shall be sent a copy of the environmental impact report for their review. F. Provisions assuring adequate opportunity and time for the public 'to review and comment on the draft environmental impact report or negative declaration. Upon the completion of the draft environmental impact . report, a notice of completion shall be filed pursuant to the CEQA. - Copies of completed environmental impact reports 'shall be made available for public inspection at the City Hall and the City Library. Copies of said report shall be made avail- able to the public at cost. -7- 4598 .' I ~\ , ' In order to afford the public adequate time for review and comment, a minimum of thirty (30) days shall be provided between the completion of the draft environmental impact report and the public hearing thereon. In order to afford the public adequate time far review and comment, a minimum of ten (10) days shall be provided be- tween the completion of a negative declaration and the action otthe City on the proposed project. G. Provisions for evaluatinq and respondinq to comments received on environmental ,documents. The evaluation of comments shall be made by the preparer of the respective environmental documents. Comments received prior to or at the public hearing an 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 likewise be incorporated into the final environmental impact report. 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 wilT'approve or disapprove a project. If a project is exempt or 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 the project. -8- 4598 If a negative declaration has been filed 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 the project along with a summary of the facts contained in the initial study supporf- f , ing the finding c9ntained in the Negative Declaration. A motion to approve the Negative Declaration by the decision- making body shall constitute a finding that the facts co'ntained 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 disposi- tion by the City. 1. provisions for filing documents required or, authorized by CEQA or these guidelines. The filing of documents shall be the responsibility of, the City. Documents shall be filed in accordance with the CEQA and the following table: I' " "', ~ ..... ,.-( Ol> I >. III III U >.'" >.'" .....'" III U Ol ... ... ~ ~ 0"" III III ..... ... ..... ... III ... I U " :- III III III U 'n.-i ,.-( III 0: III .-i III & ~9 III ~ ... .<: III o ,.-( U.-i ::l.-i .-i 0 Z ,Q i5~ ... f><' U 8u ::l '" 0": P< j tl< '" Ol Notice of Exemption x x x Initial studies x Negative Declaration x x x x EIR x x x Notice of Completion x x x X X X x EIR Public Hearing Notice x x x Notice of Determination x x x x x 'I'ABLE I -9- 4598 J. The assignment of responsibility for specific functions to'specific units of the public agency. The' responsibility for all functions 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 departmen~ designated by the City Manager. Said department shall carry out or cause to be carried out the required studies, noticing and filing as required by CEQA, the Guidelines for Implementation of the California Environmental Quality Act of 1970, and these guidelines. Notices which are required to be sent to the County Cle~k shall be delivered to the City Clerk. The City Clerk shall then be responsible ,for the transmission of said notices to the County Clerk. SECTION 2. The City Clerk shall, certify to adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council ,of th~ City of Arcadia held on the 2lst day of December, 1976, by the affirmative vote of at least three council members, to wit: AYES: Councilmen Gilb, Margett, Parry, Saelid and Lauber NOES: None L/ ABSENT: None ~ ~IO- 4598 SIGNED AND APPROVED this 21st day of December , 1976. ~5:~ Ma or of he city of Arcad~a ATTEST: &~~A4'~'-- ~~ty Clerk ' (SEAL) -11- 4598