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HomeMy WebLinkAbout4484 /. . RESOLUTION NO; 4484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING REGULATIONS FOR ENVIRONMENTAL DOCUMENTS PURSUANT TO THE ENVIRO~MENTAL QUALITY ACT OF 1970. WHEREAS, the California Resources Agency on February 3, 1973, adopted 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 guidelines and subsequent amendments to said guidelines are to be used in the implementation of said Act and more particularly in the preparation and evaluation of environ- mental documents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C!TY OF ARCADIA AS FOLLOWS: SECTION 1. That the objectives, criteria and procedures hereafter set forth shall regulate 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 -1- 4484 v 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, and the provisions of this resolution. II DEFINITIONS The definitions used in the Guidelines shall be applica- ble to the terms used in this resolution. III PROCEDURES FOR THE EVALUATIO:, OF PROJECTS AND THE PREPARATION OF ENVIRONllliNTAL 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 deter- mination as to whether or not the proposed project will have a possible adverse effect on the environment. 1. Whether or not the proj ect is an "ongoing proj ect" (as defined by CEQA). 2. Whether or not the project is an "emergency project" (as defined by CEQA). 3. Whether or not the proposed activity involves only feasibility or planning studies for possible future actions. -2- 4484 4. Whether or not the proposed project is a "ministerial project" (as defined by CEQA) . 5. Whether or not the proposed project is part of a , multiple or phased project. 6. Whether or not the proposed project is consistent with existing federal, state and municipal laws. 7. Whether or not the proposed project is consistent with the City's General Plan. Ministerial projects shall include but not be limited to the following: 1. Issuance of building permits. 2. Issuance of business license. 3. Approval of final subdivision maps. 4. 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- 4484 Categorically exempt projects shall include but not be limited to the following: 1. Modification permits under the zoning ordinance. 2. Weed abatement projects. 3. Land acquisition and development for open space development. 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 significant adverse effect on the environment. Responsibility for preparing an initial study shall be with the City department sponsoring the pro- posed project, or the City department primarily responsible 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. The following form "A" may be used to conduct the initial study. Applicants for private projects shall provide all informa- tion 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 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 determination -4- 4484 CM,IfOHNIl\ ENVIHONHENTl\L QUl\LITY l\CT INl'l'Il\L S'l'UDY NAME OF l\PPLICl\NT PROJECT LOCl\TION PROJECT DESCRIPTION APPLICl\TlON NO: NO POTENTIl\I. IMPACT SIGNU'ICl\NT SIGNIl'ICANT NOT REHIIRKS : P I1IMIIRY/SECONDI\RY.. CATEGORY EfFECT EFf'ECT IIPPLICl\BLE SIIORT/LONG TEru1 Landforms f1vdroloav Natural .. Resources EnergY Resout'ces Air Oualitv Health/Safety Services . Econornic Social Cultural/Rec, Resout"ces General Plan/ Zonina Other EXPLANATION OF ANY POTENTIAL EfFECTS: Conclusion It 'has been determined that the project will not have a sub:;tantial adverse environmental 'effects. It has been determined that the project could.have significant environmental effects and, ~herefore, further investigation is required. Initial Study Prepared By . Date 1/31/75 F0 nn ^ _'1.10.1 be made by an Environmental Impact Assessment Committee. Said committee may affirm or reverse said determination. The Environ- mental Impact.Assessment Committee shall consist of the City Manager, Director of Public Works and the Director of Planning, or their designated representatives. If the 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 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 initiated by others. A copy of the negative declaration shall be filed with the file relating to the respective project. Upon completion of a negative declaration, said declara- tion shall be filed pursuant to the requirements of the CEQA, and shall be posted on the City Council Bulletin Board. The following form "B" may be used for the preparation of a negative declaration. The City shall charge and collect a fee for the preparation 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. -5- 4484 FIle'reference CALIFOl<NIA ENVIRONMENTAL QUALITY ACT NE(;ATlVE JJECLAI<ATJ ON CITY OF ARCADIA. CALIFOl<NIA A. Description of project .B. Location of project C. Name of applicant or sponsor D. Finding - .it is my opInIon that this project will have no significant impact upon the enVironment within the meaning of the California ~n- vironmental Quality Act of 1970. . E. Reasons F. An initial study was prepared by Copies may be obtai~ed at the Arcadia Planning Department, 240 West Huntington Drive. Date . Signature Date Posted Title t ,1 'l .~ Environmental impact reports when required for public projects shall be prepared or caused to be prepared by the Cfty department sponsoring the proposed project, 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 public projects. -6- 4484 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 information 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 project 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. When the decision to prepare an environmental impact report has been made, notice of said decision along with a brief general description and location of the project shall be noticed in the official city newspaper. Said notice shall specifically request comments from the public on the proposed project. 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, and shall be posted on the City Council bulletin board outside the City Council Chambers in the City Hall, and as otherwise indicated in Table I. The following form "c" may be used for the preparation of a notice of completion. -.,- , He4 File reference CALtFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF COMPLETION CITY OF ARCADIA, CALl'FORNIA A. Description of. project B. Location of project C. Name of applicant or ~ponsor An Environmental Impact Report has been prep~red on the above described project. The public is invited to review the repoit which is available at , and to submit .written comments on the report prlor to a public hearing on the re- port which will be held at Copies of the re~ort may be obtained for $ Date Signature . Date Posted Title T"."., " 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 available to the public at cost. 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 for review and comment, a minimum of ten (10) days shall be provided between the completion of a negative declaration and the action of the City on the proposed project. . G. Provisions for evaluating and responding 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 on an environmental impact report shall b~ 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 will approve or disapprove a project. -8- 4484 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. 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. 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 disposition by the City. I. Provisions for filing documents required or authorized by CEQA or these guidelines. The filing of documents shall be the responiibility of the City and processed as expeditiously as possible. Documents shall be filed in accordance. with the following table. TABLE I :>, u '0 <:: '0 ... Q) Q) Q) .., '" '" +> ..... ... 0 I't: U 'M .>: Q) <Q Q) Ii< ... ..... '" ... 4.< Q) U <:: Q) Q) 4.< '" +> ..... 'M U ~ :>, I't: Q) u U :>, +> ... ... 'M Q) +> Q) " '" '" ... U 'n >, 3 ..... 0 '" ... Q) <:: 0 .iJ ..... fIJ ::: .Q '.5 Q) " 'M 0 " Q) " 'M tJ, '" U U ,~ <Yo ~. ..... 0 ,~ 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 -9- 4484 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 department designated by the City Manager. Said department shall carry out or caused to be carried out the required studies, noticing arid filing as required by CEQA, the Guidelines for Implementation of the California Environmental Quality Act of 1970, and these guideiines. Notices which are required to be sent to the County Clerk 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 the City of Arcadia held -10- 4484 on the 15th day of April , 1975, by the affirmative vote of at least three council members, to wit: AYES: Councilmen Helms, Lauber, Saelid, Scott and Gilb NOES: None ABSENT: None ~.w~S~ City Clerk of the CIty of Arcadia SIGNED AND APPROVED this Mayor of the City of Arcadia ~' It ~.~~ City Clerk . (SEAL) -11- 4484